The following template is provided as a guide for organizations wishing to adopt a
resolution in support of HB 446, an act related to the mentally ill, to preclude the use of
the death penalty in Kentucky for those who are severely mentally ill. This resolution has
been adopted by the Board of NAMI-KY and we are seeking supporters to assist NA MI-
KY in passing this legislation.
Item for Board C onsideration
DATE:
FROM:
Summary of Issues: A proposed bill would set up an analogous pretrial procedure in
Kentucky, similar to what currently exists for a person diagnosed with mental retardation,
to determine whether a defendant is severely mentally ill at the time of the charged
offense. If itis shown that the defendant is severely mentally ill at the time of the
charged offense as defined in Kentucky statute then the defendant cannot be executed.
Such a defendant can be sentenced to any other penalty authorized for a capital offense,
including life without parole. The position of precluding a severely mentally ill
defendant at the time of the charged offense from being executed and the narrow
definition of who is a severely mentally ill defendant is supported by organizations such
as NAMI National, The American Bar Association, The American Psychiatric Assn., and
The American Psychological Assn.
Recommendation: The Board of Directors of (organization name) supports and
advocates for passage of an act to preclude a severely mentally ill defendant at the time of
the charged offense from being executed for trials commencing after enactment of the
act.
Motion: The Board of Directors (name of organization) approves its support and
advocacy for an act to preclude a severely mentally ill defendant at the time of the
charged offense from being executed for trials commencing after enactment of the act.
Approved Disapproved on this date
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