(1) An adult, or a minor under eighteen (18) years of age who may be tried as an adult,
convicted of a crime and subject to sentencing, is referred to in this section and
KRS 532.135 and 532.140 as a defendant.
(2) A defendant with significant subaverage intellectual functioning existing
concurrently with substantial deficits in adaptive behavior and manifested during
the developmental period is referred to in KRS 532.135 and 532.140 as a defendant
with a serious intellectual disability. "Significantly subaverage general intellectual
functioning" is defined as an intelligence quotient (I.Q.) of seventy (70) or below.
(3) A defendant is referred to in KRS 532.135 and 532.140 as a defendant with serious
mental illness if:
(a) At the time of the offense, he or she has active symptoms and a documented
history, including a diagnosis, of one (1) or more of the following mental
disorders using the most recent edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric
Association:
1. Schizophrenia;
2. Schizoaffective disorder;
3. Bipolar disorder; or
4. Delusional disorder; and
(b) The disorder is not manifested primarily by repeated criminal conduct or
attributable solely to the acute effects of the voluntary use of alcohol or other
drugs.
As used in this subsection, a documented history and diagnosis shall be from a
mental health professional as defined in KRS 645.020(7)(a) to (d).
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 109, sec. 1, effective July 14, 2022. -- Amended
2012 Ky. Acts ch. 146, sec. 133, effective July 12, 2012. -- Created 1990 Ky. Acts
ch. 488, sec. 1, effective July 13, 1990.
Notes of Decisions
Cited in
50
cases (
8 in the last 5 years), 1994–2026 · leading case:
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005).
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005).
· cites it 19× “The relevant Kentucky statutes provide inter alia: KRS 532.130. Definitions for KRS 532.135 and 532.”
Atkins v. Virginia, 536 U.S. 304 (2002).
· cites it 2× “[12] Ky. Rev. Stat. Ann. §§ 532.130 , 532.135, 532.”
Wilson v. Commonwealth, 381 S.W.3d 180 (Ky. 2012).
· cites it 6× “The trial court denied Wilson’s mental retardation motion without conducting an evidentiary hearing because it ruled that he did not meet the definition of a seriously mentally retarded offender under KRS 532.130. We disagree and find that Wilson is entitled to an evidentiary…”
Warren Lee Hill, Jr. v. Carl Humphrey, 662 F.3d 1335 (11th Cir. 2011).
· cites it 2× “97 -227 (replacing terms “mentally retarded” and “mental retardation” with “intellectually disabled” and “an intellectual disability”); Ky. Rev. Stat. Ann. § 532.130 (“‘Significantly subaverage general intellectual functioning’ is defined as an intelligence quotient (I.”
Howell v. State, 151 S.W.3d 450 (Tenn. 2004).
· cites it 2× “, Ky.Rev.Stat. Ann. § 532.130(2) (2004) (requiring "an intelligence quotient (I.”
Hall v. Florida, 134 S. Ct. 1986 (2014).
“Ky.Rev.Stat. Ann. § 532.130(2) (Lexis Supp.”
Woodall v. Commonwealth, 63 S.W.3d 104 (Ky. 2002).
· cites it 2× “Both scores are 4 to 8 points respectively higher than the definition of a seriously mentally retarded offender as found in KRS 532.130(2). KRS 532.140 does not permit execution of a person below an I.”
White v. Commonwealth, 500 S.W.3d 208 (Ky. 2016).
· cites it 3× “140 and KRS 532.130. White’s IQ score of 81 was well above that threshold.”
Ex Parte Perkins, 851 So. 2d 453 (Ala. 2002).
“§ 21-4623 (e) (1995); Ky.Rev.Stat. Ann. § 532.130(2) (Michie 1999); Md.”
State v. Dunn, 41 So. 3d 454 (La. 2010).
· cites it 2× “[2] See KRS § 532.130(2): "`Significantly subaverage general intellectual functioning' is defined as an intelligence quotient (I.”
Bowling v. Commonwealth, 377 S.W.3d 529 (Ky. 2012).
· cites it 6× “2d 335 (2002) (prohibiting the execution of a seriously mentally retarded offender); KRS 532.130 et seq. (also prohibiting the execution of a seriously mentally retarded offender).”
— Ky. Rev. Stat. § 532.130(2) — 30 cases
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005).
“The relevant Kentucky statutes provide inter alia: KRS 532.130. Definitions for KRS 532.135 and 532.”
Howell v. State, 151 S.W.3d 450 (Tenn. 2004).
“, Ky.Rev.Stat. Ann. § 532.130(2) (2004) (requiring "an intelligence quotient (I.”
Hall v. Florida, 134 S. Ct. 1986 (2014).
“Ky.Rev.Stat. Ann. § 532.130(2) (Lexis Supp.”
Woodall v. Commonwealth, 63 S.W.3d 104 (Ky. 2002).
“Both scores are 4 to 8 points respectively higher than the definition of a seriously mentally retarded offender as found in KRS 532.130(2). KRS 532.140 does not permit execution of a person below an I.”
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