532.135 Determination by court that defendant has a serious intellectual disability
172 words·~1 min read·
/ky/532-135A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
or serious mental illness.
(1)At least one hundred twenty
(120)days before trial, the defendant shall file a
motion with the trial court wherein the defendant may allege that he or she is a
defendant with a serious intellectual disability or a defendant with serious mental
illness and present evidence with regard thereto. The Commonwealth may offer
evidence in rebuttal.
(2)At least ninety
(90)days before the beginning of the trial, the court shall determine
whether or not the defendant is a defendant with a serious intellectual disability or a
defendant with serious mental illness, in accordance with the criteria set forth in
KRS 532.130.
(3)The decision of the court shall be placed in the record.
(4)The pretrial determination of the trial court shall not preclude the defendant from
raising any legal defense during the trial. If it is determined the defendant is a
defendant with a serious intellectual disability or a defendant with serious mental
illness, he or she shall be sentenced as provided in KRS 532.140.