Ky. Rev. Stat. » Chapter 202C

Ky. Rev. Stat. § 202C.020

Petition for involuntary commitment proceeding -- Guardian ad

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litem -- Duty of Commonwealth's attorney. (1) When a defendant who is charged with a qualifying offense has been found, after a hearing under KRS Chapter 504, to be incompetent to stand trial with no substantial probability that the defendant will attain competency within three hundred sixty (360) days, the Commonwealth's attorney's office serving the county of criminal prosecution shall immediately petition the Circuit Court that found the defendant incompetent to stand trial or, if the finding was by a District Court, the Circuit Court in the county of the criminal prosecution, for an involuntary commitment proceeding, to include an evidentiary hearing and a commitment hearing, if applicable, under this chapter. (2) Upon the filing of the petition, the court shall assign a guardian ad litem to represent the needs and best interest of the respondent. The guardian ad litem shall be a full and active participant in all proceedings other than the evidentiary hearing under KRS 202C.030 and shall independently investigate, assess, and advocate for the defendant's best interest. The guardian ad litem is not a replacement for the defense attorney. If the defendant has retained or been appointed a defense attorney in the criminal case, that attorney may continue to represent the defendant in proceedings under this chapter. If, at any time during the pendency of proceedings under this chapter, the defendant is not represented by an attorney, the court shall appoint counsel for the defendant, without a showing of indigency, to be provided by the Department of Public Advocacy or its designee. (3) The Circuit Court shall have exclusive jurisdiction over all proceedings under this chapter. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 7, effective April 1, 2021.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2022–2026 · leading case: Hunter L. Moore v. Commonwealth of Kentucky
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Hunter L. Moore v. Commonwealth of Kentucky (2024) kyctapp · cites it 3× “In accordance with KRS 202C.020(1), the Commonwealth then sought to have H.”
R.L.P. v. Commonwealth of Kentucky (2026) ky · cites it 3× “KRS 202C.020(1). After the Commonwealth’s Attorney files a petition to initiate commitment proceedings under Chapter 202C, the “defendant” becomes the “respondent,” and the court must immediately assign counsel, a guardian ad litem (GAL), “to represent the needs and best…”
G. P. v. Honorable Angela McCormick Bisig (2022) ky · cites it 2× “KRS 202C.020(1). After this filing, the defendant1 is appointed a guardian ad litem and defense counsel, if the defendant does not already have counsel.”
R. L. P. v. Commonwealth of Kentucky (2025) kyctapp “KRS 202C.020(1)-(2). During the initial evidentiary hearing, the trial court must determine, using a preponderance of the evidence, “whether sufficient evidence exists to support a finding that the respondent is guilty of the charged crime against him or her.”
— Ky. Rev. Stat. § 202C.020(1) — 4 cases
Hunter L. Moore v. Commonwealth of Kentucky (2024) kyctapp “In accordance with KRS 202C.020(1), the Commonwealth then sought to have H.”
G. P. v. Honorable Angela McCormick Bisig (2022) ky “KRS 202C.020(1). After this filing, the defendant1 is appointed a guardian ad litem and defense counsel, if the defendant does not already have counsel.”
R. L. P. v. Commonwealth of Kentucky (2025) kyctapp “KRS 202C.020(1)-(2). During the initial evidentiary hearing, the trial court must determine, using a preponderance of the evidence, “whether sufficient evidence exists to support a finding that the respondent is guilty of the charged crime against him or her.”
R.L.P. v. Commonwealth of Kentucky (2026) ky “KRS 202C.020(1). After the Commonwealth’s Attorney files a petition to initiate commitment proceedings under Chapter 202C, the “defendant” becomes the “respondent,” and the court must immediately assign counsel, a guardian ad litem (GAL), “to represent the needs and best…”
— Ky. Rev. Stat. § 202C.020(2) — 3 cases
R.L.P. v. Commonwealth of Kentucky (2026) ky “KRS 202C.020(1). After the Commonwealth’s Attorney files a petition to initiate commitment proceedings under Chapter 202C, the “defendant” becomes the “respondent,” and the court must immediately assign counsel, a guardian ad litem (GAL), “to represent the needs and best…”
G. P. v. Honorable Angela McCormick Bisig (2022) ky “KRS 202C.020(1). After this filing, the defendant1 is appointed a guardian ad litem and defense counsel, if the defendant does not already have counsel.”
Hunter L. Moore v. Commonwealth of Kentucky (2024) kyctapp “In accordance with KRS 202C.020(1), the Commonwealth then sought to have H.”
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