Kentucky Statutes 202A.0815 – Criteria for court-ordered assisted outpatient treatment
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No person shall be court-ordered to assisted outpatient mental health treatment unless the person:
(1) Is diagnosed with a serious mental illness;
(2) Has a history of repeated nonadherence with mental health treatment, which has:
(a) At least twice within the last forty-eight (48) months, been a significant factor in necessitating hospitalization or arrest of the person; or
(b) Within the last twenty-four (24) months, resulted in an act, threat, or attempt at serious physical injury to self or others;
(3) Is unlikely to adequately adhere to outpatient treatment on a voluntary basis based on a qualified mental health professional‘s:
(a) Clinical observation; and
(b) Identification of specific characteristics of the person’s clinical condition that significantly impair the person’s ability to make and maintain a rational and informed decision as to whether to engage in outpatient treatment voluntarily; and
(4) Is in need of court-ordered assisted outpatient treatment as the least restrictive alternative mode of treatment presently available and appropriate.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 32, sec. 2, effective July 14, 2022. — Amended
2020 Ky. Acts ch. 29, sec. 1, effective July 15, 2020. — Created 2017 Ky. Acts ch.
154, sec. 5, effective June 29, 2017.
(1) Is diagnosed with a serious mental illness;
Terms Used In Kentucky Statutes 202A.0815
- Arrest: Taking physical custody of a person by lawful authority.
- Least restrictive alternative mode of treatment: means that treatment which will give a mentally ill individual a realistic opportunity to improve the individual's level of functioning, consistent with accepted professional practice in the least confining setting available. 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 - 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
(2) Has a history of repeated nonadherence with mental health treatment, which has:
(a) At least twice within the last forty-eight (48) months, been a significant factor in necessitating hospitalization or arrest of the person; or
(b) Within the last twenty-four (24) months, resulted in an act, threat, or attempt at serious physical injury to self or others;
(3) Is unlikely to adequately adhere to outpatient treatment on a voluntary basis based on a qualified mental health professional‘s:
(a) Clinical observation; and
(b) Identification of specific characteristics of the person’s clinical condition that significantly impair the person’s ability to make and maintain a rational and informed decision as to whether to engage in outpatient treatment voluntarily; and
(4) Is in need of court-ordered assisted outpatient treatment as the least restrictive alternative mode of treatment presently available and appropriate.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 32, sec. 2, effective July 14, 2022. — Amended
2020 Ky. Acts ch. 29, sec. 1, effective July 15, 2020. — Created 2017 Ky. Acts ch.
154, sec. 5, effective June 29, 2017.