{"data":{"id":"us-ky/krs-504.080","jurisdiction":"us-ky","citation":"KRS 504.080","heading":"Court -ordered examination -- Conditions -- Persons to be present at","body":"hearing -- Termination of criminal proceedings not bar to civil proceedings.\n(1) (a) The court may order a defendant to be examined on an outpatient basis when\nthe defendant:\n1. Is believed to be incompetent to stand trial;\n2. Intends to assert a defense of insanity at the time of the commission of\nthe offense; or\n3. Intends to introduce evidence of mental illness or intellectual disability\nbearing on the issue of guilt, punishment, or both.\n(b) The examination shall be done by an examiner from a treatment facility\ndesignated by the secretary to perform evaluations required by this chapter.\n(c) If the examiner concludes that inpatient examination is needed, the court may\norder the defendant be:\n1. Committed to a forensic psychiatric facility or its designee for no more\nthan thirty (30) days for further examination; and\n2. Treated for his or her mental condition subject to the availability of the\nfacility, if necessary.\n(2) (a) No later than ten (10) days after the examination, the examiner shall issue and\ndeliver a report prepared under this chapter consistent with the terms of the\nreferring court order.\n(b) The court shall order the report be filed under seal, with notice o f filing to all\nparties, and shall schedule the case for a status conference or hearing no more\nthan thirty (30) days after the filing of the report.\n(3) The defendant shall be present at any hearing on his or her mental condition unless\nhe or she waives the right to be present.\n(4) The examiner shall appear at any hearing on the defendant's mental condition\nunless the defendant waives his or her right to have the examiner appear.\n(5) An examiner retained by the defendant shall be permitted to participate i n any\nexamination under this chapter.\n(6) The Cabinet for Health and Family Services, if the cabinet or its agent or employee\ndoes not provide the examination, shall pay a reasonable fee to any examiner\nordered to examine, treat, or report on a defendant's mental condition.\n(7) The termination of criminal proceedings under this chapter is not a bar to the\ninstitution of civil commitment proceedings.","path":["KRS Chapter 504"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55102","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:00Z","sha256":"1fb9c48f18300b83d33ba030325c46a68536d912da3c06a414a35710e520f00a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-504.070","next":"us-ky/krs-504.085"},"notice":"GroundRules: Original legal text. Not legal advice."}