competent or incompetent to stand trial -- Commitment proceeding.
(1) If the court finds the defendant incompetent to stand trial but there is a substantial probability the defendant will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility and order the defendant to submit to treatment for sixty (60) days or until the psychologist or psychiatrist treating him or her finds the defendant competent to stand trial, whichever occurs first, except that if the defendant is charged with a felony, he or she shall be committed to a forensic psychiatric facility unless the secretary or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility. Within ten (10) days of that time, the court shall hold another hearing to determine whether or not the defendant is competent to stand trial.
(2) If the court finds the defendant incompetent to stand trial and there is no substantial probability he or she will attain competency in the foreseeable future:
(a) 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 criminal prosecution, to initiate an involuntary commitment proceeding under KRS 202C.010, 202C.020, 202C.030, 202C.040, and 202C.050 if the defendant is charged with a capital offense, a Class A felony, a Class B felony resulting in death or serious physical injury, or a violation of KRS 510.040 or 510.070; or
(b) The court shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B if the defendant is charged with an offense not listed in paragraph (a) of this subsection.
(3) A defendant who is the subject of an involuntary commitment proceeding under KRS 202C.010, 202C.020, 202C.030, 202C.040, and 202C.050 shall be committed to a forensic psychiatric facility unless the secretary or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility, during the pendency of the proceeding.
(4) If the court finds the defendant competent to stand trial, the court shall continue the proceedings against the defendant. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 138, sec. 6, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 175, sec. 5, effective April 1, 2021. -- Amended 2005 Ky. Acts ch. 99, sec. 655, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 607, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 139, sec. 17, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 113, sec. 6, 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 504.100, may be cited as Seth's Law.
Notes of Decisions
Cited in
18
cases (
5 in the last 5 years), 1990–2026 · leading case:
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003).
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003).
· cites it 6× “[11] KRS 504.110(1). [12] See Kirk v. Commonwealth, Ky.”
Gabbard v. Commonwealth, 887 S.W.2d 547 (Ky. 1994).
· cites it 7× “) KRS 504.110 sets forth the procedures which must be followed if the court finds the defendant competent or incompetent to stand trial.”
Fugate v. Commonwealth, 62 S.W.3d 15 (Ky. 2001).
· cites it 4× “110: (1) If the court finds the defendant incompetent to stand trial but there is a substantial probability he will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility and order him to submit to…”
Keeling v. Commonwealth, 381 S.W.3d 248 (Ky. 2012).
· cites it 2× “110(2), which directs the trial court’s handling of a defendant after a competency hearing, provides: “If the court finds the defendant incompetent to stand trial but there is no substantial probability he will attain competency in the foreseeable future, it shall conduct an…”
Sharris v. Commonwealth, 106 N.E.3d 661 (Mass. 2018).
“§ 22-3303 ; Ky. Rev. Stat. Ann. §§ 504.110 , 504.150 ; Neb.”
Tolley v. Commonwealth, 892 S.W.2d 580 (Ky. 1995).
· cites it 4× “Notably, it provides that if the court finds a defendant incompetent and substantially unlikely to regain competency in the foreseeable future, then it shall conduct a hearing regarding involuntary hospitalization under KRS Chapter 202A.”
Johnson v. Commonwealth, 17 S.W.3d 109 (Ky. 2000).
· cites it 2× “If the trial court determines that Johnson was incompetent at the time of his sentencing, the final judgment should be set aside and further proceedings conducted in accordance with KRS 504.110. If the trial court finds that Johnson was competent at the time of his final…”
State v. George K., 760 S.E.2d 512 (W. Va. 2014).
“110(2) (West 2005) ("If the court finds the defendant incompetent to stand trial but there is no substantial probability he will attain competency in the foreseeable future, it shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.”
Schuttemeyer v. Commonwealth, 793 S.W.2d 124 (Ky. Ct. App. 1990).
· cites it 3× “We are further persuaded to our holding by the language of KRS 504.110, which was enacted at the same time as KRS 504.”
Commonwealth v. Miles, 816 S.W.2d 657 (Ky. Ct. App. 1991).
· cites it 2× “The indictment was dismissed without prejudice on June 21, 1984, and the appellee was involuntarily committed to Central State Hospital pursuant to KRS 504.110(2) and Chapter 202A. On December 20, 1984, the appellant was again indicted on the same charges.”
Commonwealth v. Todd, 12 S.W.3d 695 (Ky. Ct. App. 1999).
· cites it 3× “Based upon these findings, the trial court, pursuant to KRS 504.110(2) and KRS Chapter 202A, ordered that Todd be committed to the custody of Central State Hospital for a period not to exceed 360 days.”
R.L.P. v. Commonwealth of Kentucky (Ky. 2026).
· cites it 14× “HB 310, inter alia, amended KRS 504.110(2) and established a new involuntary commitment process via the creation of KRS Chapter 202C.”
— Ky. Rev. Stat. § 504.110(1) — 4 cases
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003).
“[11] KRS 504.110(1). [12] See Kirk v. Commonwealth, Ky.”
Gabbard v. Commonwealth, 887 S.W.2d 547 (Ky. 1994).
“) KRS 504.110 sets forth the procedures which must be followed if the court finds the defendant competent or incompetent to stand trial.”
— Ky. Rev. Stat. § 504.110(2) — 10 cases
Keeling v. Commonwealth, 381 S.W.3d 248 (Ky. 2012).
“110(2), which directs the trial court’s handling of a defendant after a competency hearing, provides: “If the court finds the defendant incompetent to stand trial but there is no substantial probability he will attain competency in the foreseeable future, it shall conduct an…”
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003).
“[11] KRS 504.110(1). [12] See Kirk v. Commonwealth, Ky.”
Tolley v. Commonwealth, 892 S.W.2d 580 (Ky. 1995).
“Notably, it provides that if the court finds a defendant incompetent and substantially unlikely to regain competency in the foreseeable future, then it shall conduct a hearing regarding involuntary hospitalization under KRS Chapter 202A.”
Gabbard v. Commonwealth, 887 S.W.2d 547 (Ky. 1994).
“) KRS 504.110 sets forth the procedures which must be followed if the court finds the defendant competent or incompetent to stand trial.”
State v. George K., 760 S.E.2d 512 (W. Va. 2014).
“110(2) (West 2005) ("If the court finds the defendant incompetent to stand trial but there is no substantial probability he will attain competency in the foreseeable future, it shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.”
— Ky. Rev. Stat. § 504.110(2)(a) — 2 cases
R.L.P. v. Commonwealth of Kentucky (Ky. 2026).
“HB 310, inter alia, amended KRS 504.110(2) and established a new involuntary commitment process via the creation of KRS Chapter 202C.”
— Ky. Rev. Stat. § 504.110(2)(b) — 2 cases
R.L.P. v. Commonwealth of Kentucky (Ky. 2026).
“HB 310, inter alia, amended KRS 504.110(2) and established a new involuntary commitment process via the creation of KRS Chapter 202C.”
— Ky. Rev. Stat. § 504.110(3) — 4 cases
Fugate v. Commonwealth, 62 S.W.3d 15 (Ky. 2001).
“110: (1) If the court finds the defendant incompetent to stand trial but there is a substantial probability he will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility and order him to submit to…”
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003).
“[11] KRS 504.110(1). [12] See Kirk v. Commonwealth, Ky.”
Gabbard v. Commonwealth, 887 S.W.2d 547 (Ky. 1994).
“) KRS 504.110 sets forth the procedures which must be followed if the court finds the defendant competent or incompetent to stand trial.”
— Ky. Rev. Stat. § 504.110(4) — 2 cases
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