HB 16 - 2010 Kentucky General Assembly
Rep. David Floyd (R-Bardstown) and Rep. Darryl T. Owens (D-Louisville)
Rep. Scott Brinkman (R-Louisville) Rep. Kelly Flood (D-Lexington)
Rep. Mike Cherry (D-Princeton) Rep. Tom Riner (D-Louisville)
Rep. Jesse Crenshaw (D-Lexington) Rep. Arnold Simpson (D-Covington)
Rep. Ron Crimm (R-Louisville) Rep, Ron Weston (D-Louisville)
Rep. C.B. Embry (R-Morgantown)
Preclude the Use of the Death Penalty for Individuals with Severe Mental Illness
HB 16 only applies to those who are determined to have been severely mentally ill at the time of the offense.
Severe mental illness results in diminished capacity to appreciate the consequences of one’s conduct or to
exercise rational judgment.
The U.S. Supreme Court has ruled that those individuals with mental retardation and juvenile offenders (under
the age of 18) cannot be subject to the death penalty because of their diminished capacity. The Court held that
the execution of a person with a lessened sense of responsibility is inconsistent with standards of decency
and would be cruel and unusual punishment.
In 1990, the Kentucky General Assembly unanimously passed legislation precluding the death penalty for the
mentally retarded.
How does the court define and determine “severe mental illness”?
The determination of severe mental illness would be made in the same manner as Kentucky law already
provides for those who may be mentally retarded: A pre-trial hearing is held before a Judge; both prosecution
and defense can preset expert testimony with the Judge making the ruling as to whether the individual is
severely mentally ill or not. If the Judge rules that the defendant was suffering from severe mental illness at
the time of the offense, then the trial would proceed, but the death penalty could not be imposed by the jury or
a Judge. If a Judge rules after the pre-trial hearing that the individual was not severely mentally ill at the time
of the offense, then the trial would proceed and the death penalty could be considered, along with other
punishments.
How is this different from the “insanity defense”?
If a defendant pursues an insanity defense under current law, he or she could be removed from the criminal
justice system and placed in our fragile state psychiatric care system where he or she could be released from
medical care and serve no sentence for the crime. If the court finds that an individual was severely mentally ill
at the time of the offense, and rules that the defendant is not eligible for execution, under HB 16 he or she
would still be held accountable for the capital offense if found guilty. The individual could be sentenced
to serve a term of life without parole, or other punishments applicable for capital crimes.
The proposed legislation does not apply to:
- Those individuals currently sentenced to death and awaiting execution
- Those whose actions are attributable solely to the voluntary use of alcohol or other drugs
The following national groups have endorsed legislation precluding the use of the death penalty for individuals
with severe mental illness:
American Bar Association
American Psychiatric Association
American Psychological Association
Mental Health America
Murder Victims’ Families for Human Rights
National Alliance on Mental Illness (NAMI)
KANN SQN
For more information, please contact Sheila A. Schuster, Ph.D. at 1-877-894-0222 or advc
