{"data":{"id":"us-ky/krs-202c.040","jurisdiction":"us-ky","citation":"KRS 202C.040","heading":"Commitment hearing -- Scheduling, and conduct of -- Participation by","body":"Commonwealth's attorney, respondent, and guardian ad litem -- Standard of\nproof -- Waiver of right to commitment hearing prohibited.  (Effective until\nOctober 1, 2026)\n(1) A commitment hearing shall be held within twenty (20) days, excluding weekends\nand holidays, after the court finds that the evidence presented in an evidentiary\nhearing pursuant to KRS 202C.030 supports a finding that the respondent is guilty\nof the charged crime against him or her by a preponderance of the evidence.\n(2) The commitment hearing may be conducted in an informal manner, consistent with\norderly procedures, and in a physical setting not likely to have a harmful effect on\nthe mental or physical health  of the respondent. The hearing may be held by the\ncourt in chambers, at a forensic psychiatric facility, or other suitable place.\n(3) The Commonwealth's attorney's office serving the county of criminal prosecution\nwhich led to the finding that the respond ent was incompetent to stand trial shall\npresent evidence regarding whether the respondent meets the criteria for\ninvoluntary commitment under KRS 202C.050. The respondent and the\nrespondent's guardian ad litem shall be afforded an opportunity to testify, to present\nevidence, and to cross-examine any witnesses.\n(4) The manner of proceeding and the rules of evidence shall be the same as those in\nany criminal proceeding. The standard of proof shall be proof beyond a reasonable\ndoubt. Proceedings shall be hear d by the judge unless a party or the guardian ad\nlitem requests a jury.\n(5) The respondent's right to the commitment hearing shall not be waived.\nEffective: April 1, 2021","path":["KRS Chapter 202C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50868","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"d554cda754192db60eb697b9cb913fdd8216409466f5795104617494777b8327","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202c.030","next":"us-ky/krs-202c.050"},"notice":"GroundRules: Original legal text. Not legal advice."}