Key Information

Relevant Statutes and Rules

Ky. Rev. Stat. Ann. §§ 504.060, 504.080, 504.090 -504.110

Ky. R. Cr. P. 8.06
Ky. R.Cr Rule 8.07(3)

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

K.R.S. §§ 504.080(1)(b), 504.100(1), (2)
 

Qualifications of examiners

A psychologist or psychiatrist from a treatment facility designated by the secretary to perform evaluations.

K.R.S. §§ 504.060(2),  504.080(b).

What must the evaluation report contain

"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."

K.R.S. § 504.100(2))

"'Foreseeable future' means not more than three hundred sixty (360) days"

K.R.S. § 504.060(4)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Misdemeanor: Outpatient or inpatient in a treatment facility.
Felony: Inpatient in a forensic psychiatric facility.

K.R.S. § 504.060(3), (13) and § 504.110(1).
 

What is the test for restorability

"substantial probability he or she will attain competency in the foreseeable future."

K.R.S. § 504.110(2).

"'Foreseeable future' means not more than three hundred sixty (360) days[.]"

K.R.S. § 504.060(4)

What is the procedure after restoration

"If the court finds the defendant competent to stand trial, the court shall continue the proceedings against the defendant."

K.R.S. § 504.110(4).

What is the procedure if there is a finding of unrestorability

(a) If the defendant is charged with a capital offense, a Class A felony, a Class B felony resulting in death or serious physical injury, or a violation of KRS 510.040 or 510.070, prosecutors office shall initiate an involuntary commitment proceeding under KRS 202C.010, 202C.020, 202C.030, 202C.040, and 202C.050; or
(b)If the defendant is charged with an offense not listed, The court shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.

K.R.S. § 504.110(2).

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

Not stated.

[Note: The court shall hold "another hearing" to determine D's competency within 10 days of the 60-day treatment period expiring, but the statute does not  state what the court must do if it again finds D incompetent and likely to be restored in the foreseeable future [which is 360 days]. See  K.R.S. § 504.110.]
 

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

60 days.

K.R.S. § 504.110(1).