Legislative Initiatives

The second major aspect of HB 385 addresses the evaluation of a defendant's competency to stand trial. The law allows for initial competency evaluations to be conducted on an outpatient basis by psychologists or psychiatrists, rather than requiring immediate admission to inpatient facilities. If further evaluation is needed, the defendant may then be referred to an inpatient facility.

This process is anticipated to expedite evaluations, reducing the waiting period to three to five weeks and speeding up the judicial process. By allowing outpatient evaluations in jails, communities, or other settings, the law aims to provide quicker justice for victims and reduce the waitlist for inpatient services. This change represents a significant improvement in handling cases where competency is in question, ensuring that evaluations are timely and efficient.​

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Seth’s Law is named in honor of Seth Stevens, who served as an attorney for the Kentucky Judicial Commission on Mental Health. Seth was a passionate advocate for mental health reform, particularly in the areas of competency and guardianship. Tragically, Seth died by suicide in 2023. The law stands as a tribute to his dedication and the collaborative efforts that brought this legislation to fruition. 

The legislation defines a treatment facility as an institution approved by the Cabinet for Health and Family Services, providing evaluation, care and treatment for mentally ill persons or individuals with intellectual disabilities, on both inpatient and outpatient bases. This definition aligns closely with the existing one provided in KRS 504.060, impacting the Kentucky Correctional Psychiatric Center (KCPC) and state psychiatric hospitals.

The court may order an outpatient examination for defendants believed to be incompetent to stand trial, those intending to assert an insanity defense, or those intending to introduce evidence of mental illness or intellectual disability related to guilt or punishment. Consistent with Kentucky Rules of Criminal Procedure, the intention to introduce such evidence must be raised 90 days before the trial, an amendment from the previous 20-day requirement, aligning KRS 504.070 with KY Criminal Rule 8.07.

Seth’s Law makes Chapter 504 language more consistent with criminal rules by specifying evaluations for extreme emotional disturbance and assessments for individuals with intellectual disabilities or mental illness as part of an Atkins evaluation, determining the eligibility for the death penalty.

As amended, KRS 504.080 allows for outpatient evaluations to occur roughly four weeks after the court order. If an inpatient examination is deemed necessary, the court may commit the defendant to a forensic psychiatric facility for up to 30 days, subject to availability. The examiner must deliver a report within 10 days post-examination and the court will schedule a status conference or hearing within 30 days of the report filing.

If a defendant is found incompetent but likely to regain competency, they will be committed to a treatment or forensic psychiatric facility for 60 days, with felons specifically directed to forensic facilities unless otherwise determined by the Cabinet for Health and Family Services.

Seth's Law marks a significant shift in how competency evaluations are integrated into judicial processes, aiming for improved consistency and efficiency. It underscores the importance of defendants receiving appropriate care and evaluation necessary for their cases.

Effective July 15, 2024, Seth’s Law mandates outpatient evaluations as the initial step for competency and criminal responsibility assessments. Evaluations will occur outside of inpatient settings at KCPC or state psychiatric hospitals and will only proceed to inpatient facilities if recommended by the evaluator. This applies to all charges and cases across state hospital facilities, including both felonies and misdemeanors.

The KCPC initiated a pilot process for outpatient evaluations in May 2022, modernizing the forensic system and aligning with national practices. Partnerships with 122 correctional facilities facilitate these evaluations, which can occur via videoconference or in-person. This process mirrors that of the state psychiatric hospitals for misdemeanor cases.

Outpatient evaluations, as defined by Seth’s Law, encompass any evaluations conducted outside state hospitals, whether through videoconference, in-person at jails or other community facilities.