Kentucky Statutes 202B.170 – Interim determination and possible dismissal
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(1) Following the preliminary hearing but prior to the completion of the final hearing, the court may order the respondent to reside in his or her current residence, an emergency placement designated by the regional program for mental health and individuals with an intellectual disability, or an ICF/ID approved by the secretary for that purpose for the committing judicial district in a community program approved by the secretary or in a hospital. The respondent may be released, upon application and agreement of the parties, for the purpose of community-based outpatient treatment.
(2) A physician of an ICF/ID or a hospital shall discharge a respondent residing therein and notify the court and attorneys of record, if the interdisciplinary team of the ICF/ID or an authorized staff physician of the hospital determines that the respondent no longer meets the criteria for involuntary admission.
(3) If a respondent is discharged by the ICF/ID or hospital pursuant to subsection (2) of this section, the proceedings against the respondent shall be dismissed.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 51, effective July 12, 2012. — Amended
2006 Ky. Acts ch. 195, sec. 4, effective July 12, 2006. — Amended 1994 Ky. Acts ch.
498, sec. 12, effective July 15, 1994. — Created 1990 Ky. Acts ch. 147, sec. 16, effective July 13, 1990.
(2) A physician of an ICF/ID or a hospital shall discharge a respondent residing therein and notify the court and attorneys of record, if the interdisciplinary team of the ICF/ID or an authorized staff physician of the hospital determines that the respondent no longer meets the criteria for involuntary admission.
Terms Used In Kentucky Statutes 202B.170
- Hospital: means :
(a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the Kentucky Cabinet for Health and Family Services as equipped to provide full- time residential care and treatment for mentally ill persons or individuals with an intellectual disability. See Kentucky Statutes 202B.010 - Interdisciplinary team: means the group of persons responsible for the diagnosis, evaluation, and individualized program planning and service implementation for the resident. See Kentucky Statutes 202B.010
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Respondent: means a person alleged in a hearing under this chapter to be an individual with an intellectual disability. See Kentucky Statutes 202B.010
- Secretary: shall mean the secretary of the Cabinet for Health and Family Services. See Kentucky Statutes 202B.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) If a respondent is discharged by the ICF/ID or hospital pursuant to subsection (2) of this section, the proceedings against the respondent shall be dismissed.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 51, effective July 12, 2012. — Amended
2006 Ky. Acts ch. 195, sec. 4, effective July 12, 2006. — Amended 1994 Ky. Acts ch.
498, sec. 12, effective July 15, 1994. — Created 1990 Ky. Acts ch. 147, sec. 16, effective July 13, 1990.