- (1)
- (b)
- (a) 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 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 or her sentence, whichever occurs first. If the treating professional determines that treatment is still necessary upon expiration of the defendant's sentence, the treating professional or the Commonwealth shall petition the sentencing court for: 1. Involuntary hospitalization or admission under KRS Chapter 202A or 202B; or
- (c) 2. Court-ordered community-based outpatient treatment under KRS Chapter 202A.
- (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 or her mental illness in the opinion of his or her treating professional.
Effective: July 15, 2026
History: Amended 2026 Ky. Acts ch. 14, sec. 5, effective July 15, 2026. -- 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. Legislative Research Commission Note (7/15/2026). 2026 Ky. Acts ch. 14, sec. 6, provides that the Act, which amended this section and KRS 439.3406, 504.020, 504.060, and 504.120, may be cited as Logan's Law.