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KRS 504.100

Appointment by court of psychologist or psychiatrist during proceedings

Applied in 47 court decisions — leading case Mills v. Commonwealth (1999)

Most recently applied in Henderson v. Commonwealth (December 2018)

Effective: July 15, 2024 History: Amended 2024 Ky

How often courts cite this section

199020002010201860
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If upon arraignment, or during any stage of the proceedings, the court has reasonable grounds to believe the defendant is incompetent to stand trial, the court shall order the defendant to be examined and his or her mental condition reported, as provided in KRS 504.080.

(2) The report of the examiner shall state whether or not he or she finds the defendant incompetent to stand trial. If the examiner finds the defendant is incompetent, the report shall state:

(a) Whether there is a substantial probability of the defendant attaining competency in the foreseeable future; and (b) What type treatment the examiner recommends, including whether it should be provided by a treatment facility or forensic psychiatric facility.

(3) In accordance with KRS 504.080(2), the court shall schedule the case for a status conference or a hearing no more than thirty (30) days after the filing of the report.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.