{"data":{"id":"us-ky/krs-504.110","jurisdiction":"us-ky","citation":"KRS 504.110","heading":"Alternative handling of defendant depending on whether he or she is","body":"competent or incompetent to stand trial -- Commitment proceeding.\n(1) If the court finds the defendant incompetent to stand trial but there is a substantial\nprobability the d efendant will attain competency in the foreseeable future, it shall\ncommit the defendant to a treatment facility or a forensic psychiatric facility and\norder the defendant to submit to treatment for sixty (60) days or until the\npsychologist or psychiatrist  treating him or her finds the defendant competent to\nstand trial, whichever occurs first, except that if the defendant is charged with a\nfelony, he or she shall be committed to a forensic psychiatric facility unless the\nsecretary or the secretary's designee determines that the defendant shall be treated in\nanother Cabinet for Health and Family Services facility. Within ten (10) days of\nthat time, the court shall hold another hearing to determine whether or not the\ndefendant is competent to stand trial.\n(2) If the court finds the defendant incompetent to stand trial and there is no substantial\nprobability he or she will attain competency in the foreseeable future:\n(a) The Commonwealth's attorney's office serving the county of criminal\nprosecution shall immed iately petition the Circuit Court that found the\ndefendant incompetent to stand trial or, if the finding was by a District Court,\nthe Circuit Court in the county of criminal prosecution, to initiate an\ninvoluntary commitment proceeding under KRS 202C.010, 202C.020,\n202C.030, 202C.040, and 202C.050 if the defendant is charged with a capital\noffense, a Class A felony, a Class B felony resulting in death or serious\nphysical injury, or a violation of KRS 510.040 or 510.070; or\n(b) The court shall conduct an inv oluntary hospitalization proceeding under KRS\nChapter 202A or 202B if the defendant is charged with an offense not listed in\nparagraph (a) of this subsection.\n(3) A defendant who is the subject of an involuntary commitment proceeding under\nKRS 202C.010, 202C.020, 202C.030, 202C.040, and 202C.050 shall be committed\nto a forensic psychiatric facility unless the secretary or the secretary's designee\ndetermines that the defendant shall be treated in another Cabinet for Health and\nFamily Services facility, during the pendency of the proceeding.\n(4) If the court finds the defendant competent to stand trial, the court shall continue the\nproceedings against the defendant.","path":["KRS Chapter 504"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55104","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:00Z","sha256":"fc50e4a82cc71ed263b2e9e6cf9e4bf377f1d159914e95151e01bee10ffe5649","source_id":"us-ky","stale":false,"prev":"us-ky/krs-504.100","next":"us-ky/krs-504.120"},"notice":"GroundRules: Original legal text. Not legal advice."}