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The loophole it hopes to address is in what is known as the "Cane Madden" law, and came to light in the case of Gavin Perkins last year.
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Gavin Perkins, who has repeatedly been ruled not competent to stand trial for the 2018 murder of his mother, will be tested again at Metro Corrections in the next four to eight weeks.
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After being re-indicted for the five-year-old murder in June, Gavin Perkins’ request Monday to lower his bond from $500,000 to $5,000 cash and home incarceration was rejected by Jefferson Circuit Court Judge Patricia Morris.
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For now, Gavin Perkins will remain in Metro Corrections on a $500,000 cash bond, a Louisville judge ordered Monday.
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Gavin Perkins’ case has attracted widespread criticism and interest in recent weeks as it appeared that not only would he get away with the alleged 2018 murder, but be released when Central State Hospital officials testified in April they could no longer keep him in custody.
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In multiple instances in the past, Madden has been found incompetent and failed to meet Kentucky's criteria for involuntary hospitalization — meaning he repeatedly walked free — dodging both incarceration and mental health treatment.
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The high court on Thursday ruled, in essence, that it was premature for justices to decide the constitutionality of the law because the Madden case and one like it have not concluded.
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Attorneys for the Louisville Metro Public Defender’s office argued, in part, that locking up Madden for an unspecified amount of time without a guilty verdict is unconstitutional.
He put his ceremonial signature on House Bill 310 that, in part, addresses that loophole, which came to light after the 2019 arrest of Cane Madden.
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The judge ruled Monday that hearings and court documents will, for now at least, remain closed to the public.