Kentucky Revised Statutes

Ky. Rev. Stat. § 504.140 (2026)

Examination before sentencing

✓ current as of May 2026

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If a defendant is found guilty but mentally ill, the court may appoint at least one (1) psychologist or psychiatrist to examine, treat and report on the defendant's mental condition at the time of sentencing. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 139, sec. 18, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 113, sec. 9, effective July 15, 1982.

Notes of Decisions

Cited in 3 cases, 1985–1996 · leading case: Wellman v. Commonwealth, 694 S.W.2d 696 (Ky. 1985).

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Wellman v. Commonwealth, 694 S.W.2d 696 (Ky. 1985). · cites it 3× “The appellant argues that the judgment must be vacated because of failure of the trial court to follow the mandate of KRS 504.140, requiring the court to appoint a psychologist or psychiatrist to examine, treat and report on defendant’s mental condition and that this appointment…”

Brown v. Commonwealth, 934 S.W.2d 242 (Ky. 1996). · cites it 2× “130, KRS 504.140, and KRS 504.150. It is Appellant's contention that the language of this statute, which he asserts violates both the state and federal guarantees of a fair trial and due process, is vague and not rationally designed to advance any legitimate state interest.”

Moody v. Commonwealth, 698 S.W.2d 530 (Ky. Ct. App. 1985). · cites it 3× “On May 22, pursuant to the provisions of KRS 504.140, the court appointed Dr. Slatkin to examine and report on appellant’s mental condition as of the time of sentencing.”

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