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Rule RCr 8.07 – Mental issues

May 13, 2021 | Criminal Procedure, Kentucky

(1) Insanity Defense; Notice; Mental Examination.

(A) Notice by Defendant. A defendant who intends to assert a defense of insanity at the time of the alleged offense shall, not less than ninety (90) days before the date set for commencement of trial of the alleged offense, file a notice in writing of this intention with the clerk and serve a copy of the notice upon the attorney for the Commonwealth and all other parties. The court shall, for good cause, allow the defendant to file the notice late, grant a continuance of the trial or of any other proceedings, modify scheduling orders, or make other appropriate orders.
(B) Motion by Commonwealth for Examination of Defendant. If the defendant files a notice under Rule 8.07(1)(A), the attorney for the Commonwealth may, within ten (10) days of the filing of that notice, file a motion with the clerk for the court to order the defendant to be examined under KRS 504.070 and serve a copy of the motion upon counsel for the defendant. The court shall, for good cause, allow the attorney for the Commonwealth to file the motion late, grant a continuance of the trial or of any other proceedings, modify scheduling orders, or make other appropriate orders.
(C) Mental Examination; Authority to Order Examination; Procedures. If the defendant files a notice under Rule 8.07(1)(A), the court shall, upon the Commonwealth’s motion under Rule 8.07(1)(B), order the defendant to be examined under KRS 504.070(3).
(D) Reports of Psychiatric or Psychological Examination. A report of a psychiatric or psychological examination ordered pursuant to Rule 8.07(1)(C) )shall be prepared by the examiner designated to conduct the psychiatric or psychological examination. The report shall include–

(i) the defendant’s history;
(ii) a description of the psychiatric, psychological, and medical tests that were employed and their results; and
(iii) the examiner’s findings opinions and diagnosis as to whether the defendant was insane at the time of the offense charged.
(E) Filing and Disclosing Results and Reports of Psychiatric or Psychological Examination. The examiner designated to conduct the psychiatric or psychological examination under Rule 8.07(1)(C) shall, immediately upon completion of the report, deliver it as directed in the referring order of the court. The court shall order the report to be filed under seal and notice of the filing be given to all parties.
(2) Mental Disease, Mental Defect or Other Mental Condition Bearing on Issue of Guilt or Issue of Punishment; Notice; Mental Examination.

(A) Notice by Defendant. A defendant who intends to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on–

(i) the issue of guilt;
(ii) the issue of punishment; or
(iii) the issue of guilt and the issue of punishment;

shall, not less than ninety (90) days before the date set for commencement of trial of the alleged offense, file a notice in writing of this intention with the clerk and serve a copy of the notice upon the attorney for the Commonwealth and all other parties. The notice shall specify whether the defendant intends to introduce expert evidence bearing on the issue of guilt, the issue of punishment or both such issues. The court shall, for good cause, allow the defendant to file the notice late, grant a continuance of the trial or of any other proceedings, modify scheduling orders, or make other appropriate orders.

(B) Motion by Commonwealth for Examination of Defendant. If the defendant files a notice under Rule 8.07(2)(A), the attorney for the Commonwealth may, within ten (10) days of the filing of that notice, file a motion with the clerk for the court to order the defendant to be examined and serve a copy of the motion upon counsel for the defendant and all other parties. The court shall, for good cause, allow the attorney for the Commonwealth to file the motion late, grant a continuance of the trial or of any other proceedings, modify scheduling orders, or make other appropriate orders.
(C) Mental Examination; Authority to Order Examination; Procedures. If the defendant files a notice under Rule 8.07(2)(A), the court may, upon the Commonwealth’s motion under Rule 8.07(2)(B), order the defendant to be examined under procedures ordered by the court. The order shall specify that the examination relates to a claim that defendant suffers, or has suffered, from a mental disease or defect or any other mental condition of the defendant that bears on–

(i) the issue of guilt;
(ii) the issue of punishment; or
(iii) the issue of guilt and the issue of punishment.
(D) Reports of Psychiatric or Psychological Examination. A report of a psychiatric or psychological examination ordered pursuant to Rule 8.07(2)(C) shall be prepared by the examiner designated to conduct the psychiatric or psychological examination. The report shall include–

(i) the defendant’s history;
(ii) a description of the psychiatric, psychological, and medical tests that were employed and their results; and
(iii) the examiner’s findings, opinions and diagnosis as to whether:

(a) if the examination is ordered under Rule 8.07(2)(C)(i), whether the defendant is, or was at the time of the offense charged, suffering from a mental disease, mental defect or other mental condition bearing on the issue of guilt;
(b) if the examination is ordered under Rule 8.07(2)(C)(ii), whether the defendant is, or was at the time of the offense charged, suffering from a mental disease, mental defect or other mental condition bearing on the issue of punishment; or
(c) if the examination is ordered under Rule 8.07(2)(C)(iii), whether the defendant is, or was at the time of the offense charged, suffering from a mental disease, mental defect or other mental condition bearing on the issue of guilt and the issue of punishment.
(E) Filing and Disclosing Results and Reports of Psychiatric or Psychological Examination. The examiner designated to conduct the psychiatric or psychological examination under Rule 8.07(2)(C)(i) shall, upon completion of the report, immediately deliver it as directed in the referring order of the court. The court shall order the report to be filed under seal and notice of the filing be given to all parties.
(3) Inadmissibility of a Defendant’s Statements Made In Course of Examination Under Rules 8.06, 8.07(1) and 8.07(2).

No statement made by a defendant in the course of any examination conducted under Rules 8.06, 8.07(1) or 8.07(2) (whether conducted with or without the defendant’s consent), no testimony by an expert based on any such statement, and no other fruits of any such statement may be admitted into evidence against the defendant in any criminal proceeding except on an issue regarding mental condition on which the defendant:

(A) has introduced evidence of incompetency or incapacity to stand trial under Rule 8.06;
(B) has introduced evidence requiring notice under Rule 8.07(1)(A); or
(C) has introduced evidence requiring notice under Rule 8.07(2)(A).
(4) Failure to Comply with Rules 8.07(1) and 8.07(2).

(A) Defendant’s Failure to Give Notice or to Submit to Examination. The court may exclude any expert evidence from the defendant on the issue of the defendant’s–

(i) sanity or insanity, if the defendant fails to give notice under Rule 8.07(1)(A) or to submit to an examination when ordered under Rule 8.07(1)(C); or
(ii) mental disease, mental defect, or any other mental condition bearing on the defendant’s guilt or the issue of punishment, if the defendant fails to give notice under 8.07(2)(A) or to submit to an examination when ordered under Rule 8.07(2)(C).
(B) Commonwealth’s Failure to Move for Examination. The court may decline to order the defendant to be examined if the attorney for the Commonwealth fails to file a motion under Rule 8.07(1)(B) or Rule 8.07(2)(B) for the defendant to be examined.
(5) Inadmissibility of Withdrawn Intention As to Which Notice Was Given Under Rules 8.07(1)(A) and 8.07(2)(A).

Evidence of an intention as to which notice was given under Rule 8.07(1)(A) or 8.07(2)(A), later withdrawn, is not, in any civil, or criminal, administrative or other proceeding, admissible against the person who gave notice of the intention.

Ky. R. Crim. P. RCr 8.07

Adopted by Order 2012-10, eff. 1-1-13.