202C.030 Evidentiary hearing, purposes and conduct of -- When subsequent

437 words·~2 min read·/ky/202c-030

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

commitment hearing is required -- Evidence submitted by respondent

inadmissible in other criminal or civil cases.

(1)An adversarial evidentiary hearing on the record shall be held within twenty

(20)days, excluding weekends and holidays, of the filing of a petition pursuant

to KRS 202C.020. Appropriate notice shall be served on all parties. The court

shall order the Commonwealth to provide all available discovery to the

respondent no later than seven

(7)days, excluding weekends and holidays,

before the hearing. No evidence may be presented at the hearing that has not

been disclosed through discovery.

(2)The respondent may stipulate to potential guilt and waive the hearing. A

stipulation of potential guilt cannot be used against the respondent in any

future criminal prosecution or civil litigation.

(3)The purpose of the evidentiary hearing shall be to determine whether sufficient

evidence exists to support a finding that the respondent is guilty of the charged

crime against him or her. The Commonwealth's attorney's office serving the

county of criminal prosecution shall have the burden of proving the sufficiency

of the evidence by a preponderance of the evidence.

(4)The evidentiary hearing shall be held before a judge without a jury. The rules of

evidence shall apply. The respondent shall be permitted to present evidence

and cross examine witnesses. The respondent may present evidence of

affirmative defenses that could be raised at a criminal trial on the charged

crime. The Commonwealth shall not have the burden of disproving an

affirmative defense. The respondent must prove an affirmative defense by a

preponderance of the evidence.

(a)If the court determines that sufficient evidence has been presented to

support a finding that the respondent is guilty of the charged crime

against him or her, the court shall immediately schedule a commitment

hearing under this chapter within twenty

(20)days, excluding weekends

and holidays.

(b)The court shall cause the respondent to be examined without

unnecessary delay by two

(2)qualified mental health professionals, at

least one

(1)of whom is a physician. The qualified mental health

professionals shall, within seven

(7)days, excluding weekends and

holidays, prior to the hearing, certify to the court their findings as to

whether the respondent meets the criteria for involuntarily commitment

under KRS 202C.050.

(6)If the court determines that insufficient evidence has been presented to support

a finding that the respondent is guilty of the charged crime against him or her,

the court shall order the immediate release of the respondent.

(7)No evidence or statement submitted by the respondent at the evidentiary

hearing shall be admissible in any criminal prosecution or civil litigation.