Section 532.130 - Definitions for KRS 532.135 and 532.140(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: 2. Schizoaffective disorder;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).
Amended by 2022 Ky. Acts ch. 109,§ 1, eff. 7/13/2022.Amended by 2012 Ky. Acts ch. 146,§ 133, eff. 7/11/2012. Created 1990 Ky. Acts ch. 488, sec. 1, effective 7/13/1990.