{"data":{"id":"us-ky/krs-532.135","jurisdiction":"us-ky","citation":"KRS 532.135","heading":"Determination by court that defendant has a serious intellectual disability","body":"or serious mental illness.\n(1) At least one hundred twenty (120) days before trial, the defendant shall file a\nmotion with the trial court wherein the defendant may a llege that he or she is a\ndefendant with a serious intellectual disability or a defendant with serious mental\nillness and present evidence with regard thereto. The Commonwealth may offer\nevidence in rebuttal.\n(2) At least ninety (90) days before the beginn ing of the trial, the court shall determine\nwhether or not the defendant is a defendant with a serious intellectual disability or a\ndefendant with serious mental illness, in accordance with the criteria set forth in\nKRS 532.130.\n(3) The decision of the court shall be placed in the record.\n(4) The pretrial determination of the trial court shall not preclude the defendant from\nraising any legal defense during the trial. If it is determined the defendant is a\ndefendant with a serious intellectual disability or  a defendant with serious mental\nillness, he or she shall be sentenced as provided in KRS 532.140.","path":["KRS Chapter 532"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52771","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:05Z","sha256":"20914d2b89423ba878d32197987d04967d04abe17d482f13e1f1642d4821491d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-532.130","next":"us-ky/krs-532.140"},"notice":"GroundRules: Original legal text. Not legal advice."}