As used in this chapter, unless the context otherwise requires: (1) "Department" means the Department of Corrections; (2) "Examiner" means a psychologist or psychiatrist who examines, treats, or reports on a defendant's mental condition as required by this chapter; (3) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient evaluation, care, and treatment for mentally ill persons or individuals w ith an intellectual disability who have been charged with or convicted of a felony; (4) "Foreseeable future" means not more than three hundred sixty (360) days; (5) "Incompetency to stand trial" means, as a result of mental condition, lack of capacity to a ppreciate the nature and consequences of the proceedings against one or to participate rationally in one's own defense; (6) "Individual with an intellectual disability" means an individual with significantly subaverage general intellectual functioning exis ting concurrently with deficits in adaptive behavior and manifested during the developmental period and is a condition which may exist concurrently with mental illness or insanity; (7) "Insanity" means, as a result of mental condition, lack of substantial capacity either to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law; (8) "Mental illness" means substantially impaired capacity to use self -control, judgment, or discretion in the conduct of one's affairs a nd social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors; (9) "Psychiatrist" means a ph ysician licensed pursuant to KRS Chapter 311 who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.; (10) "Psychologist" means a person licensed at the doctoral level pursuant to KRS Chapter 319 who has been designated by the Kentucky Board of Examiners of Psychology as competent to perform examinations; (11) "Secretary" means the secretary of the Cabinet for Health and Family Services; (12) "Treatment" means medication or counseling, therapy, psychotherapy, and other professional services provided by or at the direction of psychologists or psychiatrists. "Treatment" shall not include electroshock therapy or ps ychosurgery; and (13) "Treatment facility" means an institution or part thereof, approved by the Cabinet for Health and Family Services, which provides evaluation, care, and treatment for insane or mentally ill persons or individuals with an intellectual d isability on an inpatient or outpatient basis.
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