KRS Chapter 202C

​​​​Overview of Senate Bill 122’s Changes to KRS Chapter 202C

During the 2026 legislative session, the Kentucky Judicial Commission on Mental Health focused its efforts on improving the clarity, consistency and integrity of KRS Chapter 202C. The statute governs involuntary commitment for individuals charged with a qualifying offense who are found incompetent to stand trial and have no substantial probability of regaining competency.

Senate Bill 122​, signed into law April 10, 2026, makes various statutory amendments addressing several areas of Kentucky law. The bill’s amendments to KRS Chapter 202C reflect recommendations developed by the commission’s Competency Workgroup. The changes to KRS Chapter 202C take effect Oct. 1, 2026.

Background and Purpose

The commission’s Competency Workgroup focuses on identifying systemic, legislative and procedural gaps in assessing and addressing mental health, substance use, and intellectual and developmental disabilities in the criminal justice system.

As part of this work, the Competency Workgroup identified several gaps in the KRS Chapter 202C process that contributed to confusion and inconsistency across the commonwealth. In response, the workgroup formed a focus group of subject matter experts with direct experience handling KRS Chapter 202C cases. The group included prosecutors, public defenders, judges and guardians ad litem, each bringing a unique perspective to the process.

Based on this collaborative review, the focus group developed recommendations intended to clarify the KRS Chapter 202C process, safeguard due process, promote consistency in handling these cases and support public safety.​​​

​Key Changes to KRS Chapter 202C

  • Clarify the role of guardians ad litem (GALs) by defining their duties, clarifying their role in 202C proceedings and addressing funding for their services.
  • Clarify terminology and jurisdiction by replacing references to “defendant” with “respondent” and specifying that the originating court maintains jurisdiction over the 202C proceeding until the respondent is discharged.
  • Improve notice and participation by ensuring the Commonwealth and other parties of record receive required notices during a 202C proceeding.
  • Clarify defenses available to respondents during the evidentiary hearing, including the ability to present affirmative defenses that could otherwise be raised at a criminal trial, except the defense of insanity.
  • Extend and provide greater flexibility for hearing timeframes by extending certain hearing deadlines to 45 days and permitting additional time when good cause is shown.
  • Revise the standards and procedures governing involuntary commitment, including changes to the commitment criteria and the issues considered during review hearings.
  • Establish a clearer competency review and restoration process by providing for periodic competency evaluations, establishing timelines for notifying the court and parties when a respondent is restored to competency, and modifying the frequency and procedures for subsequent review hearings and jury trials.

Implementation and Impact

Senate Bill 122 makes several substantive and procedural changes to KRS Chapter 202C that may affect courts, attorneys, guardians ad litem, forensic psychiatric facilities and individuals subject to proceedings under the chapter. The amendments are intended to provide greater clarity regarding the 202C process, establish more consistent procedures across the commonwealth and preserve the rights of respondents while maintaining safeguards necessary to protect public safety.

The changes may require courts and practitioners involved in KRS Chapter 202C proceedings to become familiar with the revised statutory requirements and adjust existing practices as necessary.

Conclusion​

The Kentucky Judicial Commission on Mental Health remains committed to supporting judges, attorneys, mental health professionals and other system partners as these changes take effect. The accompanying video is intended as a starting point for understanding these amendments. The commission encourages system partners to review the full statutory text of KRS Chapter 202C and consult applicable legal authorities and relevant court and behavioral health partners as needed to support implementation of the changes.​​