(1) The court shall sentence a defendant found guilty but mentally ill at the time of the
offense to the local jail or to the Department of Corrections in the same manner as a
defendant found guilty. If the defendant is found guilty but mentally ill, treatment
shall be provided the defendant until the treating professional determines that the
treatment is no longer necessary or until expiration of his sentence, whichever
occurs first.
(2) Treatment shall be a condition of probation, shock probation, conditional discharge,
parole, or conditional release so long as the defendant requires treatment for his
mental illness in the opinion of his treating professional.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 211, sec. 132, effective July 14, 1992. --
Amended 1988 Ky. Acts ch. 139, sec. 19, effective July 15, 1988. --Created 1982
Ky. Acts ch. 113, sec. 10, effective July 15, 1982.
Notes of Decisions
Brown v. Commonwealth, 934 S.W.2d 242 (Ky. 1996).
· cites it 6× “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.”
Keeling v. Commonwealth, 381 S.W.3d 248 (Ky. 2012).
· cites it 3× “While evidence that they may not receive treatment would certainly be troubling, it would indicate that the correctional or mental health facility is violating a Kentucky statute (and, likely, a court order), not that the verdict is constitutionally infirm.”
Mitchell v. Commonwealth, 781 S.W.2d 510 (Ky. 1989).
· cites it 2× “" KRS 504.150. The only arguable difference is that during incarceration treatment will be provided if needed and if available.”
Star v. Commonwealth, 313 S.W.3d 30 (Ky. 2010).
“” Once a guilty but mentally ill verdict is reached, “treatment shall be provided the defendant until the treating professional determines that the treatment is no longer necessary or until expiration of his sentence, whichever occurs first.”
Coffey v. Messer, 945 S.W.2d 944 (Ky. 1997).
“KRS 504.150. Appellant cites Holbrook v. Commonwealth, Ky.”
Commonwealth v. Ryan, 5 S.W.3d 113 (Ky. 1999).
“However, with respect to the issue of acceptance of the plea of guilty but mentally ill, KRS 504.150 explains “[t]he court shall sentence a defendant found guilty but mentally ill at the time of the offense .”
Breeden v. Commonwealth, 290 S.W.3d 690 (Ky. Ct. App. 2009).
“KRS 504.150 requires that Appellant be provided whatever psychiatric treatment is necessary to treat his condition.”
— Ky. Rev. Stat. § 504.150(1) — 4 cases
Keeling v. Commonwealth, 381 S.W.3d 248 (Ky. 2012).
“While evidence that they may not receive treatment would certainly be troubling, it would indicate that the correctional or mental health facility is violating a Kentucky statute (and, likely, a court order), not that the verdict is constitutionally infirm.”
Brown v. Commonwealth, 934 S.W.2d 242 (Ky. 1996).
“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.”
Star v. Commonwealth, 313 S.W.3d 30 (Ky. 2010).
“” Once a guilty but mentally ill verdict is reached, “treatment shall be provided the defendant until the treating professional determines that the treatment is no longer necessary or until expiration of his sentence, whichever occurs first.”
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.