202C.040 Commitment hearing -- Scheduling, and conduct of -- Participation

252 words·~1 min read·/ky/202c-040

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

by Commonwealth's attorney, respondent, and guardian ad litem --

Standard of proof -- Waiver of right to commitment hearing prohibited.

(1)A commitment hearing shall be held within twenty

(20)days, excluding

weekends and holidays, after the court finds that the evidence presented in an

evidentiary hearing pursuant to KRS 202C.030 supports a finding that the

respondent is guilty of the charged crime against him or her by a

preponderance of the evidence.

(2)The commitment hearing may be conducted in an informal manner, consistent

with orderly procedures, and in a physical setting not likely to have a harmful

effect on the mental or physical health of the respondent. The hearing may be

held by the court in chambers, at a forensic psychiatric facility, or other suitable

place.

(3)The Commonwealth's attorney's office serving the county of criminal

prosecution which led to the finding that the respondent was incompetent to

stand trial shall present evidence regarding whether the respondent meets the

criteria for involuntary commitment under KRS 202C.050. The respondent and

the respondent's guardian ad litem shall be afforded an opportunity to testify, to

present evidence, and to cross-examine any witnesses.

(4)The manner of proceeding and the rules of evidence shall be the same as

those in any criminal proceeding. The standard of proof shall be proof beyond

a reasonable doubt. Proceedings shall be heard by the judge unless a party or

the guardian ad litem requests a jury.

(5)The respondent's right to the commitment hearing shall not be waived.