04RS SB213


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SB 213 (BR 1798) - J. Denton

     AN ACT relating to mental examinations of criminal offenders.
     Create a new section of KRS Chapter 610 to define "incompetent to participate in an adjudicatory hearing"; amend KRS 610.010 to reference procedures when there is evidence that that child may be incompetent to participate; create new section of KRS Chapter 635 to require a court to appoint a psychiatrist or psychologist to examine a child and report on competency; require the report within 10 days; require an exam to be performed on an outpatient basis or at site of detention; require the cabinet or its designee to conduct the examination; require the report to state whether the child is competent, or may become competent with treatment; permit cabinet to have standing to petition or appeal; create new section of KRS 635 to require the court to conduct a competency hearing within 10 days of report and require the child to be present unless his or her presence is waived or harmful; specify court actions based on competency findings; repeal KRS 210.360.

     Feb 19-introduced in Senate
     Feb 24-to Judiciary (S)

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