OF KENTUCKY Fax (502)875-2841
www. ccky. org
1042 Burlington Lane
b CATHOLIC Frankfort, KY 40601-8487
_\\ CONFERENCE Tel (502)875-4345
Please Vote for HB 145
Preclude the Use of the Death Penalty for Individuals
with Severe Mental Illness
WHY IS THE BILL NEEDED?
e The death penalty cannot deter someone who cannot understand the consequences of his/her
actions; and
e Because of their diminished capacity severely mentally ill persons should be treated in ways
similar to others who have that same standing, e.g., persons with mental retardation or those
under 18 at the time the crime is committed.
In December 2011, a report prepared by a group of Kentucky’s distinguished jurists, legal scholars,
and practitioners and issued by the American Bar Association found significant flaws in our capital
sentencing process and made several unanimous recommendations. One of these was that Kentucky
should end the use of the death penalty for severely mentally ill persons.
TO WHOM DOES HB 145 APPLY?
The proposed legislation, HB 145, is narrow in its application and applies only after a judge
determines the following conditions have been met:
e A defendant is severely mentally ill;
e The severe mental illness was active at the time the crime was committed; and
e The crime in question was committed after the effective date of the act.
TO WHOM DOES HB 145 NOT APPLY?
HB 145 is narrowly drafted and does not apply to the following persons:
e Individuals currently sentenced to death and awaiting execution; or
e Persons whose actions are attributable solely to the intentional use of alcohol or other drugs.
HOW WLLL IT WORK IN THE COURTROOM?
As proposed, HB 145 would call for a hearing before trial, during which a judge would be presented
evidence by the prosecution and the defense regarding the issue of severe mental illness. If the judge
finds that the defendant meets the criteria set forth in this bill - the defendant has a severe mental
illness that was active when the crime was committed - then the judge will order that the death
penalty is excluded from consideration by a jury.
HOW WLLL A GUILTY DEFENDANT BE HELD ACCOUNTABLE?
All other penalties for capital murder are still available, inchuding life without parole. This assures
the guilty are punished and Kentuckians’ safety is secured.
