(1) When a defendant is found not guilty by reason of insanity, the court shall conduct
an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.
(2) To facilitate the procedure established in subsection (1) of this section, the court
may order the detention of the defendant for a period of ten (10) days to allow for
proceedings to be initiated against the defendant for examination and possible
detention pursuant to the provisions of KRS Chapter 202A or 202B.
Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 445, sec. 42, effective July 15, 1982. -- Amended
1976 Ky. Acts ch. 332, sec. 31. -- Created 1974 Ky. Acts ch. 406, sec. 40, effective
January 1, 1975.
Legislative Research Commission Note. This section was amended by 1982 Acts
Chapter 113, Section 11 and 1982 Acts Chapter 445, Section 42, which conflict and
cannot be compiled together. Pursuant to KRS 446.250, the amendment in Chapter
445, Section 42, prevails as the later enactment.
Legislative Research Commission Note (1982). This section was amended in 1982 Acts
Chapter 445, which contains the following language in Section 45 of that Act: "This
Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55,
requires that a reason be set forth for the emergency. However, no reason is set forth
in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.
Notes of Decisions
Eugene Williams Gall, Jr. v. Phil Parker, Warden, 231 F.3d 265 (6th Cir. 2000).
“With this overwhelming showing of Gall’s severe mental illness and his high potential for future dangerousness, we condition the grant of Gall’s habeas petition on the state’s granting him an involuntary hospitalization proceeding, just as he would have been provided if he had…”
Edwards v. Commonwealth, 554 S.W.2d 380 (Ky. 1977).
· cites it 2× “Although KRS 504.030 permits the prosecutor or the court to institute proceedings directed toward a mental examination and possible civil commitment of a defendant following an acquittal because of insanity, the dangerousness of the defendant to himself or others remains the…”
Tolley v. Commonwealth, 892 S.W.2d 580 (Ky. 1995).
· cites it 4× “The court further ordered a mental status evaluation to be made pursuant to KRS 504.030 and KRS Chapter 202A. Following the examination and report to the court, a final hearing was held, which resulted in the defendant’s being ordered on March 3, 1988, involuntarily hospitalized…”
Schuttemeyer v. Commonwealth, 793 S.W.2d 124 (Ky. Ct. App. 1990).
· cites it 5× “Another order, also entered on February 1, 1988, found that based upon the jury verdict, KRS 504.030, and KRS Chapter 202A, a preliminary hearing on Schuttemeyer’s commitment was held on January 25, 1988.”
Jewell v. Commonwealth, 549 S.W.2d 807 (Ky. 1977).
“KRS 504.030 provides that when a defendant is acquitted on the ground of insanity the court may have him committed for examination and possible detention pursuant to KRS Ch.”
Simpson v. Commonwealth, 889 S.W.2d 781 (Ky. 1994).
“Thus, imposition of fines pursuant to KRS 504.030 is to be initiated by the court; therefore, delegating this duty to the jury was improper.”
Commonwealth of Kentucky v. Cornell Denmark Thomas, II (Ky. Ct. App. 2025).
· cites it 8× “The result was KRS 504.030 which currently states: (1) When a defendant is found not guilty by reason of insanity, the court shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.”
Kurt Smith v. Cookie Crews (6th Cir. 2018).
“2d at 467–68; see Ky. Rev. Stat. §§ 504.030, 504.060(5). And “mental illness” means “a substantially impaired capacity to use self-control, judgment, or discretion which can be related to physiological, psychological, or social factors,” but it “does not absolve one of criminal…”
Hunter L. Moore v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
“We have been pointed to no explanation as to why the General Assembly chose not to have KRS 202C emulate KRS 504.030, which requires a person found not guilty by reason of insanity at trial to be subjected to involuntary hospitalization proceedings held under KRS Chapters 202A…”
— Ky. Rev. Stat. § 504.030(1) — 3 cases
Tolley v. Commonwealth, 892 S.W.2d 580 (Ky. 1995).
“The court further ordered a mental status evaluation to be made pursuant to KRS 504.030 and KRS Chapter 202A. Following the examination and report to the court, a final hearing was held, which resulted in the defendant’s being ordered on March 3, 1988, involuntarily hospitalized…”
Schuttemeyer v. Commonwealth, 793 S.W.2d 124 (Ky. Ct. App. 1990).
“Another order, also entered on February 1, 1988, found that based upon the jury verdict, KRS 504.030, and KRS Chapter 202A, a preliminary hearing on Schuttemeyer’s commitment was held on January 25, 1988.”
Commonwealth of Kentucky v. Cornell Denmark Thomas, II (Ky. Ct. App. 2025).
“The result was KRS 504.030 which currently states: (1) When a defendant is found not guilty by reason of insanity, the court shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.”
— Ky. Rev. Stat. § 504.030(2) — 1 case
Edwards v. Commonwealth, 554 S.W.2d 380 (Ky. 1977).
“Although KRS 504.030 permits the prosecutor or the court to institute proceedings directed toward a mental examination and possible civil commitment of a defendant following an acquittal because of insanity, the dangerousness of the defendant to himself or others remains the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.