What does KRS 504.090 state about incompetency?

• A. If a defendant is proven incompetent, they can be tried with special procedures.
• B. If a defendant is proven incompetent, they cannot be legally tried.
• C. Incompetency results in automatic acquittal.
• D. Incompetency has no effect on trial status.

Answer: (B)

Competency to stand trial is required before any criminal case can proceed. Under Kentucky law, if a defendant is proven incompetent to stand trial, the court cannot carry out a trial at that time. Instead, the proceedings are stayed and the defendant is committed for restoration of competency, typically to a mental health facility, with the aim of restoring ability to understand the proceedings and assist in their defense. The case can be resumed once competency is restored; there is no automatic acquittal, and it’s not permitted to try the person under special procedures while they remain incompetent. So the correct understanding is that incompetence prevents legal trial until restoration occurs.