532.130 Definitions for KRS 532.135 and 532.140.

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(1)An adult, or a minor under eighteen

(18)years of age who may be tried as an adult,

convicted of a crime and subject to sentencing, is referred to in this section and

KRS 532.135 and 532.140 as a defendant.

(2)A defendant with significant subaverage intellectual functioning existing

concurrently with substantial deficits in adaptive behavior and manifested during

the developmental period is referred to in KRS 532.135 and 532.140 as a defendant

with a serious intellectual disability. "Significantly subaverage general intellectual

functioning" is defined as an intelligence quotient (I.Q.) of seventy

(70)or below.

(3)A defendant is referred to in KRS 532.135 and 532.140 as a defendant with serious

mental illness if:

(a)At the time of the offense, he or she has active symptoms and a documented

history, including a diagnosis, of one

(1)or more of the following mental

disorders using the most recent edition of the Diagnostic and Statistical

Manual of Mental Disorders published by the American Psychiatric

Association:

1. Schizophrenia;

2. Schizoaffective disorder;

3. Bipolar disorder; or

4. Delusional disorder; and

(b)The disorder is not manifested primarily by repeated criminal conduct or

attributable solely to the acute effects of the voluntary use of alcohol or other

drugs.

As used in this subsection, a documented history and diagnosis shall be from a

mental health professional as defined in KRS 645.020(7)(a) to (d).