Ky. Rev. Stat. » Chapter 504
Kentucky Revised Statutes

Ky. Rev. Stat. § 504.100 (2026)

Appointment by court of psychologist or psychiatrist during proceedings

✓ current as of May 2026
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(1) If upon arraignment, or during any stage of the proceedings, the court has reasonable grounds to believe the defendant is incompetent to stand trial, the court shall order the defendant to be examined and his or her mental condition reported, as provided in KRS 504.080. (2) The report of the examiner shall state whether or not he or she finds the defendant incompetent to stand trial. If the examiner finds the defendant is incompetent, the report shall state: (a) Whether there is a substantial probability of the defendant attaining competency in the foreseeable future; and (b) What type treatment the examiner recommends, including whether it should be provided by a treatment facility or forensic psychiatric facility. (3) In accordance with KRS 504.080(2), the court shall schedule the case for a status conference or a hearing no more than thirty (30) days after the filing of the report. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 138, sec. 5, effective July 15, 2024. -- Created 1982 Ky. Acts ch. 113, sec. 5, effective July 15, 1982. Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 138, sec. 7, provides that the Act, which amended this section and KRS 311.631, 504.060, 504.070, 504.080, and 504.110, may be cited as Seth's Law.

Notes of Decisions
Cited in 66 cases (12 in the last 5 years), 1990–2025 · leading case: Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006).
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Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006). · cites it 44× “Commonwealth [4] and claims this issue is preserved because KRS 504.100 places an affirmative duty on the trial court to hold an evidentiary hearing following a competency evaluation.”
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003). · cites it 20× “o stand trial, provides: If upon arraignment or during the proceedings there are reasonable grounds to believe that the defendant lacks the capacity to appreciate the nature and consequences of the proceedings against him or her, or to participate rationally in his or her…”
Thompson v. Commonwealth, 56 S.W.3d 406 (Ky. 2001). · cites it 12× “The competency hearing mandated by KRS 504.100 is consistent with protecting this important due process right.”
Padgett v. Commonwealth, 312 S.W.3d 336 (Ky. 2010). · cites it 8× “KRS 504.100(1) requires the court to order a competency examination upon “reasonable grounds to believe the defendant is incompetent to stand trial.”
Commonwealth v. Wooten, 269 S.W.3d 857 (Ky. 2008). · cites it 22× “185 does not authorize funds for a defense expert on the issue of competence to stand trial, and that under the applicable statute, KRS 504.100, neither the defense nor the prosecution is entitled to an independent evaluation on competency to stand trial.”
Quarels v. Commonwealth, 142 S.W.3d 73 (Ky. 2004). · cites it 10× “Appellant's outbursts started again midway through trial. Appellant argues that reversible error occurred because the trial court failed to hold a formal competency hearing pursuant to KRS 504.”
Johnson v. Commonwealth, 103 S.W.3d 687 (Ky. 2003). · cites it 10× “080 and KRS 504.100. As grounds for the evaluation, the prosecution referred to a psychological report, issued by DPA psychologist Dr.”
Mills v. Commonwealth, 996 S.W.2d 473 (Ky. 1999). · cites it 6× “KRS 504.100 is entirely consistent with these constitutional requirements.”
Johnson v. Commonwealth, 17 S.W.3d 109 (Ky. 2000). · cites it 12× “In light of this, the trial court should not have sentenced the defendant without first ascertaining his competency status by conducting a hearing, as provided in KRS 504.100, on the issue whether he was competent to assist his counsel in sentencing proceedings.”
Woolfolk v. Commonwealth, 339 S.W.3d 411 (Ky. 2011). · cites it 6× “In contrast, under KRS 504.100, "reasonable grounds to believe the defendant is incompetent to stand trial" mandates a competency examination, followed by a competency hearing.”
Gabbard v. Commonwealth, 887 S.W.2d 547 (Ky. 1994). · cites it 7× “As previously stated, KRS 504.100 requires a court to appoint a psychiatrist or psychologist to examine, treat and report on the defendant’s mental condition if there are reasonable grounds to believe the defendant is incompetent to stand trial.”
Fredline v. Commonwealth, 241 S.W.3d 793 (Ky. 2007). · cites it 5× “” Section 3 of KRS 504.100 is mandatory. Mills v. Commonwealth, 996 S.”
Show all 66 citing cases →
— Ky. Rev. Stat. § 504.100(1) — 31 cases
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006). “Commonwealth [4] and claims this issue is preserved because KRS 504.100 places an affirmative duty on the trial court to hold an evidentiary hearing following a competency evaluation.”
Commonwealth v. Wooten, 269 S.W.3d 857 (Ky. 2008). “185 does not authorize funds for a defense expert on the issue of competence to stand trial, and that under the applicable statute, KRS 504.100, neither the defense nor the prosecution is entitled to an independent evaluation on competency to stand trial.”
Quarels v. Commonwealth, 142 S.W.3d 73 (Ky. 2004). “Appellant's outbursts started again midway through trial. Appellant argues that reversible error occurred because the trial court failed to hold a formal competency hearing pursuant to KRS 504.”
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003). “o stand trial, provides: If upon arraignment or during the proceedings there are reasonable grounds to believe that the defendant lacks the capacity to appreciate the nature and consequences of the proceedings against him or her, or to participate rationally in his or her…”
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005).
— Ky. Rev. Stat. § 504.100(2) — 5 cases
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006). “Commonwealth [4] and claims this issue is preserved because KRS 504.100 places an affirmative duty on the trial court to hold an evidentiary hearing following a competency evaluation.”
Commonwealth v. Wooten, 269 S.W.3d 857 (Ky. 2008). “185 does not authorize funds for a defense expert on the issue of competence to stand trial, and that under the applicable statute, KRS 504.100, neither the defense nor the prosecution is entitled to an independent evaluation on competency to stand trial.”
Christopher Smith v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
Dorris v. Commonwealth, 305 S.W.3d 438 (Ky. Ct. App. 2010).
Commonwealth of Kentucky v. Paul Toon (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 504.100(3) — 23 cases
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006). “Commonwealth [4] and claims this issue is preserved because KRS 504.100 places an affirmative duty on the trial court to hold an evidentiary hearing following a competency evaluation.”
Padgett v. Commonwealth, 312 S.W.3d 336 (Ky. 2010). “KRS 504.100(1) requires the court to order a competency examination upon “reasonable grounds to believe the defendant is incompetent to stand trial.”
Thompson v. Commonwealth, 56 S.W.3d 406 (Ky. 2001). “The competency hearing mandated by KRS 504.100 is consistent with protecting this important due process right.”
Mills v. Commonwealth, 996 S.W.2d 473 (Ky. 1999). “KRS 504.100 is entirely consistent with these constitutional requirements.”
Johnson v. Commonwealth, 103 S.W.3d 687 (Ky. 2003). “080 and KRS 504.100. As grounds for the evaluation, the prosecution referred to a psychological report, issued by DPA psychologist Dr.”
— Ky. Rev. Stat. § 504.100(4) — 1 case
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003). “o stand trial, provides: If upon arraignment or during the proceedings there are reasonable grounds to believe that the defendant lacks the capacity to appreciate the nature and consequences of the proceedings against him or her, or to participate rationally in his or her…”
— Ky. Rev. Stat. § 504.100(B) — 2 cases
Mills v. Commonwealth, 996 S.W.2d 473 (Ky. 1999). “KRS 504.100 is entirely consistent with these constitutional requirements.”
Quarels v. Commonwealth, 142 S.W.3d 73 (Ky. 2004). “Appellant's outbursts started again midway through trial. Appellant argues that reversible error occurred because the trial court failed to hold a formal competency hearing pursuant to KRS 504.”
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