202C.020 Petition for involuntary commitment proceeding -- Guardian ad

269 words·~1 min read·/ky/202c-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

litem -- Duty of Commonwealth's attorney.

(1)When a defendant who is charged with a qualifying offense has been found,

after a hearing under KRS Chapter 504, to be incompetent to stand trial with no

substantial probability that the defendant will attain competency within three

hundred sixty

(360)days, the Commonwealth's attorney's office serving the

county of criminal prosecution shall immediately petition the Circuit Court that

found the defendant incompetent to stand trial or, if the finding was by a District

Court, the Circuit Court in the county of the criminal prosecution, for an

involuntary commitment proceeding, to include an evidentiary hearing and a

commitment hearing, if applicable, under this chapter.

(2)Upon the filing of the petition, the court shall assign a guardian ad litem to

represent the needs and best interest of the respondent. The guardian ad litem

shall be a full and active participant in all proceedings other than the

evidentiary hearing under KRS 202C.030 and shall independently investigate,

assess, and advocate for the defendant's best interest. The guardian ad litem

is not a replacement for the defense attorney. If the defendant has retained or

been appointed a defense attorney in the criminal case, that attorney may

continue to represent the defendant in proceedings under this chapter. If, at

any time during the pendency of proceedings under this chapter, the defendant

is not represented by an attorney, the court shall appoint counsel for the

defendant, without a showing of indigency, to be provided by the Department of

Public Advocacy or its designee.

(3)The Circuit Court shall have exclusive jurisdiction over all proceedings under

this chapter.