Kentucky Statutes 202C.040 – Commitment hearing — Scheduling, and conduct of — Participation by Commonwealth’s attorney, respondent, and guardian ad litem — Standard of proof — Waiver of right to commitment hearing prohibited
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(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.
Effective:April 1, 2021
History: Created 2021 Ky. Acts ch. 175, sec. 9, effective April 1, 2021.
(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.
Terms Used In Kentucky Statutes 202C.040
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Chambers: A judge's office.
- Commitment hearing: means the hearing under KRS §. See Kentucky Statutes 202C.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Evidentiary hearing: means the hearing under KRS §. See Kentucky Statutes 202C.010
- Forensic psychiatric facility: means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient evaluation, care, and treatment for mentally ill persons or individuals with an intellectual disability who have been charged with or convicted of a felony. See Kentucky Statutes 202C.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Judge: means the judge who found the respondent incompetent to stand trial in the criminal proceeding from which the petition for involuntary commitment arose. See Kentucky Statutes 202C.010
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.
Effective:April 1, 2021
History: Created 2021 Ky. Acts ch. 175, sec. 9, effective April 1, 2021.