Item for Board Consideration
DATE: Oct. 25, 2008
FROM: Carol Carrithers, NAMI KY Executive Director
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 it is 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
Association, and The American Psychological Association.
Recommendation: The Board of Directors of NAMI KY supports and advocates
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 of NAMI KY 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
Board president or secretary
