J ustice and Accountability for the Severely Mentally Ill
Protection for Society
HB 16 - Preclude the Use of the Death Penalty for Individuals with Severe Mental Illness
Rep. David Floyd (R-Bardstown) and Rep. Darryl T. Owens (D-Louisville)
Rep. Scott Brinkman (R-Louisville) Rep. J immie Lee (D-Elizabethtown)
Rep. Mike Cherry (D-P rinceton) Rep. Mary Lou Marzian (D-Louisville)
Rep. J esse Crenshaw (D-Lexington) Rep. J ody Richards (D-Bowling Green)
Rep. Ron Crimm (R-Louisville) Rep. Tom Riner (D-Louisville)
Rep. Bob DeWeese (R-Louisville) Rep. Amold Simpson (D-Covington)
Rep. C.B. Embry (R-Morgantown) Rep. J im Wayne (D-Louisville)
Rep. Kelly Flood (D-Lexington) Rep. Alecia Webb-E dgington (R-Ft. Wright)
Rep. Keith Hall (D-Phelps) Rep, Ron Weston (D-Louisville)
HB 16 only applies to those who are determined by a judge 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 death penalty cannot serve as a deterrent for someone who
Cannot understand the consequences of his/her actions.
In 1990, the Kentucky General Assembly passed legislation precluding the death penalty for mentally
retarded persons, based on the premise that individuals with mental retardation had diminished capacity.
The U.S. Supreme Court has since ruled that individuals with mental retardation and juvenile offenders
(under the age of 18) cannot be subject to the death penalty due to their diminished capacity. The Court held
that it is inconsistent with evolving standards of decency and would be cruel and unusual punishment to
execute persons whose moral culpability is less due to their mental condition and development.
Persons with severe mental illness are similarly lacking in moral culpability and are not deterred by
threatened punishment. In the year 2010, we know and understand more about mental illness than ever
before; it is time to remove this small group of severely impaired individuals from the ultimate punishment.
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 J udge; both prosecution
and defense can present expert testimony with the J udge making a ruling as to whether the individual was
severely mentally ill or not. If the J udge 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 ora
Judge. If a J udge rules 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. Examples of severe
mental illnesses include schizophrenia and other psychotic disorders, bipolar disorder, and severe post
traumatic stress disorder.
Under HB 16, individuals found to be severely mentally ill would still be subject to prosecution for the
crime and eligible for all other penalties, including Life Without Parole, holding them accountable to
society while keeping them behind bars and unable to cause further harm.
The proposed legislation does not apply to:
= Those individuals currently sentenced to death and awaiting execution; or
= 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:
vy American Bar Association v Mental Health America
vy American Psychiatric Association v Murder Victims’ Families for Human Rights
vy American Psychological Association v_ National Alliance on Mental Illness (NAMI)
For more information, please contact Sheila A. Schuster, Ph.D. at 1-877-894-0222 or advocacyaction@ bellsouth.net
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