Kentucky Statutes 202A.041 – Warrantless arrest and subsequent proceedings
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(1) Any peace officer who has reasonable grounds to believe that an individual is mentally ill and presents a danger or threat of danger to self, family, or others if not restrained shall take the individual into custody and transport the individual without unnecessary delay to a hospital or psychiatric facility designated by the cabinet for the purpose of an evaluation to be conducted by a qualified mental health professional. Upon transport of the person to the hospital or psychiatric facility, the peace officer shall provide written documentation which describes the behavior of the person which caused the peace officer to take the person into custody. If, after evaluation, the qualified mental health professional finds that the person does not meet the criteria for involuntary hospitalization, the person shall be released immediately and transported back to the person’s home county by an appropriate means of transportation as provided in KRS § 202A.101. If, after evaluation, the qualified mental health professional finds that the person meets the criteria for involuntary hospitalization, appropriate proceedings under this chapter shall be initiated. The person may be held pending certification by a qualified mental health professional and implementation of procedures as provided in KRS § 202A.028,
202A.031, or 202A.051 for a period not to exceed eighteen (18) hours.
(2) If, after the evaluation, the qualified mental health professional finds that the person does not meet the criteria for involuntary hospitalization and the peace officer has probable cause to believe that the person has committed a criminal offense, the peace officer may swear out a warrant and take the arrested person without unnecessary delay before a judge.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 3, effective July 15, 1994. — Amended
1988 Ky. Acts ch. 139, sec. 4, effective July 15, 1988. — Created 1982 Ky. Acts ch.
445, sec. 6, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: “This Act shall become effective on July 1, 1982,” The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.
202A.031, or 202A.051 for a period not to exceed eighteen (18) hours.
Terms Used In Kentucky Statutes 202A.041
- Cabinet: means the Kentucky Cabinet for Health and Family Services. See Kentucky Statutes 202A.011
- 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 202A.011 - Judge: means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5. See Kentucky Statutes 202A.011
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Psychiatric facility: means a crisis stabilization unit or any facility licensed by the cabinet and which provides inpatient, outpatient, psychosocial rehabilitation, emergency, and consultation and education services for the diagnosis and treatment of persons who have a mental illness. See Kentucky Statutes 202A.011
- Qualified mental health professional: means :
(a) A physician licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States while engaged in the performance of official duties. See Kentucky Statutes 202A.011
(2) If, after the evaluation, the qualified mental health professional finds that the person does not meet the criteria for involuntary hospitalization and the peace officer has probable cause to believe that the person has committed a criminal offense, the peace officer may swear out a warrant and take the arrested person without unnecessary delay before a judge.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 3, effective July 15, 1994. — Amended
1988 Ky. Acts ch. 139, sec. 4, effective July 15, 1988. — Created 1982 Ky. Acts ch.
445, sec. 6, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: “This Act shall become effective on July 1, 1982,” The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.