Kentucky Revised Statutes

Ky. Rev. Stat. § 504.130 (2026)

Grounds for finding defendant guilty but mentally ill

✓ current as of May 2026

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(1) The defendant may be found guilty but mentally ill if: (a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and (b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense. (2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds that the defendant was mentally ill at the time of the offense. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 113, sec. 8, effective July 15, 1982.

Notes of Decisions

Cited in 9 cases, 1985–2013 · leading case: Dunlap v. Commonwealth, 435 S.W.3d 537 (Ky. 2013).

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Dunlap v. Commonwealth, 435 S.W.3d 537 (Ky. 2013). · cites it 14× “16 When discussing its determination concerning Appellant’s GBMI plea, the trial court made the following findings on the record: Trial court: As both counsel had pointed out, the determination of Guilty but Mentally Ill is the accused person’s burden under KRS 504.130, and that…”

Clark v. Arizona, 548 U.S. 735 (2006). · cites it 2× “Codified Laws §23A–26–14 (2004). Usually, a defendant found “guilty but mentally ill” will receive mental-health treatment until his mental health has rebounded, at which point he must serve the remainder of his imposed sentence.”

Brown v. Commonwealth, 934 S.W.2d 242 (Ky. 1996). · cites it 4× “120, KRS 504.130, KRS 504.140, and KRS 504.150.”

Wellman v. Commonwealth, 694 S.W.2d 696 (Ky. 1985). “120 and KRS 504.130, finding the appellant guilty but mentally ill at the time of the offense.”

Commonwealth v. Ryan, 5 S.W.3d 113 (Ky. 1999). · cites it 3× “KRS 504.130, the basis for the plea of guilty but mentally ill, further explains the plea and emphasizes the requirement of a factual finding of mental illness: (2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds…”

Keeling v. Commonwealth, 381 S.W.3d 248 (Ky. 2012). “”, KRS 504.130(1). If a defendant is found to be GBMI he is sentenced “in the same manner as a defendant found guilty” but not mentally ill; however, “treatment shall be provided the defendant until the treating professional determines that the treatment is no longer necessary…”

Star v. Commonwealth, 313 S.W.3d 30 (Ky. 2010). “According to KRS 504.130(1), a defendant may be found guilty but mentally ill if “[t]he prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and [t]he defendant proves by a preponderance of the evidence that he was mentally ill at the time of…”

Coffey v. Messer, 945 S.W.2d 944 (Ky. 1997). “24(3)(B)(i) only contemplates mental health evidence which would prove a complete defense ignores the fact that a verdict of guilty but mentally ill as defined in KRS 504.130 also is less than a complete defense.”

Carey v. Commonwealth, 104 S.W.3d 783 (Ky. Ct. App. 2002). “Michelle Carey was convicted by her plea of guilty but mentally ill (KRS 504.130) of the offenses of Assault, 1st degree, Burglary 1st degree, and Criminal Mischief, 3rd degree on May 8, 2000.”

— Ky. Rev. Stat. § 504.130(1) — 2 cases

— Ky. Rev. Stat. § 504.130(2) — 1 case

Commonwealth v. Ryan, 5 S.W.3d 113 (Ky. 1999). “KRS 504.130, the basis for the plea of guilty but mentally ill, further explains the plea and emphasizes the requirement of a factual finding of mental illness: (2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds…”

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