Kentucky Statutes 202A.201 – Mentally ill inmates
Current as of: 2024 | Check for updates
|
Other versions
(1) When an inmate of any penal and correctional institution is reported by the staff of that institution to the Department of Corrections as being so mentally ill that he cannot be properly treated with the facilities at the disposal of the staff, the Department of Corrections shall have an examination conducted on the inmate by a mental health professional.
(2) If this examination reveals that the inmate is mentally ill and appropriate treatment cannot be properly carried out in the institution in which he is incarcerated or within the facilities at the disposal of the Department of Corrections, the commissioner of the Department of Corrections may then request of the secretary of the Cabinet for Health and Family Services the inmate’s transfer to a hospital or forensic psychiatric facility. If the secretary of the Cabinet for Health and Family Services agrees that a transfer is necessary, the person shall be transferred to a Cabinet for Health and Family Services facility designated by the secretary of the Cabinet for Health and Family Services, where the person shall remain until the staff of the facility which received him advises the commissioner of the Department of Corrections that the person’s condition is such that he may be returned to the institution from which he came. No transfer shall be made to a correctional facility located on the grounds of a state mental hospital. The commissioner of the Department of Corrections shall then authorize his return. If the prisoner’s sentence expires during his stay in the facility and he is still in need of involuntary hospitalization, the staff of the facility shall petition the applicable District Court for further involuntary hospitalization of the patient under provisions of this chapter.
(3) Prior to the issuance of an order of transfer and unless the prisoner voluntarily agrees to the transfer, the commissioner shall:
(a) Send written notice to the prisoner that a transfer to a hospital or forensic psychiatric facility is being considered in sufficient time to permit the prisoner to prepare for the hearing;
(b) Hold a hearing at which time the prisoner is made aware of the evidence being relied upon for the transfer and at which an opportunity to be heard in person and to present documentary evidence is given;
(c) Provide an opportunity at the hearing to the prisoner to present testimony of witnesses and to confront and cross-examine witnesses called by the Department of Corrections, except upon a finding, not arbitrarily made, of good cause for not permitting the presentation;
(d) Provide an independent decision maker who has not participated in the request for transfer to a hospital or forensic psychiatric facility;
(e) Issue a written statement by the fact finder as to the evidence relied on and the reasons for transferring the prisoner; and
(f) Provide effective and timely notice of all the foregoing rights.
(4) During the time of the prisoner’s stay in a facility, his legal status as a prisoner shall remain unchanged until the termination of his sentence. The facility staff shall have no authority to parole, grant permission to visit relatives or friends outside the
facility, or discharge the individual unless otherwise agreed to by the Department of Corrections. The time the prisoner spends in the facility shall be counted as a part of the prisoner’s sentence.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 213, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 178, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 418, sec. 7, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 72, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 139, sec. 13, effective July
15, 1988. — Amended 1986 Ky. Acts ch. 331, sec. 33, effective July 15, 1986; and ch. 428, sec. 6, effective July 15, 1986. — Created 1982 Ky. Acts ch. 445, sec. 29, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts, ch.
445, which contains the following language in sec. 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.
(2) If this examination reveals that the inmate is mentally ill and appropriate treatment cannot be properly carried out in the institution in which he is incarcerated or within the facilities at the disposal of the Department of Corrections, the commissioner of the Department of Corrections may then request of the secretary of the Cabinet for Health and Family Services the inmate’s transfer to a hospital or forensic psychiatric facility. If the secretary of the Cabinet for Health and Family Services agrees that a transfer is necessary, the person shall be transferred to a Cabinet for Health and Family Services facility designated by the secretary of the Cabinet for Health and Family Services, where the person shall remain until the staff of the facility which received him advises the commissioner of the Department of Corrections that the person’s condition is such that he may be returned to the institution from which he came. No transfer shall be made to a correctional facility located on the grounds of a state mental hospital. The commissioner of the Department of Corrections shall then authorize his return. If the prisoner’s sentence expires during his stay in the facility and he is still in need of involuntary hospitalization, the staff of the facility shall petition the applicable District Court for further involuntary hospitalization of the patient under provisions of this chapter.
Terms Used In Kentucky Statutes 202A.201
- Cabinet: means the Kentucky Cabinet for Health and Family Services. See Kentucky Statutes 202A.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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 with an intellectual disability, who have been charged with or convicted of a felony. 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 - 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
- Secretary: means the secretary of the Cabinet for Health and Family Services. See Kentucky Statutes 202A.011
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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) Prior to the issuance of an order of transfer and unless the prisoner voluntarily agrees to the transfer, the commissioner shall:
(a) Send written notice to the prisoner that a transfer to a hospital or forensic psychiatric facility is being considered in sufficient time to permit the prisoner to prepare for the hearing;
(b) Hold a hearing at which time the prisoner is made aware of the evidence being relied upon for the transfer and at which an opportunity to be heard in person and to present documentary evidence is given;
(c) Provide an opportunity at the hearing to the prisoner to present testimony of witnesses and to confront and cross-examine witnesses called by the Department of Corrections, except upon a finding, not arbitrarily made, of good cause for not permitting the presentation;
(d) Provide an independent decision maker who has not participated in the request for transfer to a hospital or forensic psychiatric facility;
(e) Issue a written statement by the fact finder as to the evidence relied on and the reasons for transferring the prisoner; and
(f) Provide effective and timely notice of all the foregoing rights.
(4) During the time of the prisoner’s stay in a facility, his legal status as a prisoner shall remain unchanged until the termination of his sentence. The facility staff shall have no authority to parole, grant permission to visit relatives or friends outside the
facility, or discharge the individual unless otherwise agreed to by the Department of Corrections. The time the prisoner spends in the facility shall be counted as a part of the prisoner’s sentence.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 213, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 178, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 418, sec. 7, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 72, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 139, sec. 13, effective July
15, 1988. — Amended 1986 Ky. Acts ch. 331, sec. 33, effective July 15, 1986; and ch. 428, sec. 6, effective July 15, 1986. — Created 1982 Ky. Acts ch. 445, sec. 29, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts, ch.
445, which contains the following language in sec. 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.