Kentucky Statutes 202C.050 – Criteria for involuntary commitment
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(1) No respondent shall be involuntarily committed under this chapter unless there is a determination that:
(a) The respondent presents a danger to self or others as a result of his or her mental condition;
(b) The respondent needs care, training, or treatment in order to mitigate or prevent substantial physical harm to self or others;
(c) The respondent has a demonstrated history of criminal behavior that has endangered or caused injury to others or has a substantial history of involuntary hospitalizations under KRS Chapter 202A or 202B prior to the commission of the charged crime; and
(d) A less restrictive alternative mode of treatment would endanger the safety of the respondent or others.
(2) When a respondent is involuntarily committed under this chapter, the cabinet shall place that respondent in a forensic psychiatric facility designated by the secretary.
Effective:April 1, 2021
History: Created 2021 Ky. Acts ch. 175, sec. 10, effective April 1, 2021.
(a) The respondent presents a danger to self or others as a result of his or her mental condition;
Terms Used In Kentucky Statutes 202C.050
- Cabinet: means the Kentucky Cabinet for Health and Family Services. See Kentucky Statutes 202C.010
- Danger: means substantial physical harm or threat of substantial physical harm upon self or others. See Kentucky Statutes 202C.010
- 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 202C.010
- Secretary: means the secretary of the Cabinet for Health and Family Services. See Kentucky Statutes 202C.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
(b) The respondent needs care, training, or treatment in order to mitigate or prevent substantial physical harm to self or others;
(c) The respondent has a demonstrated history of criminal behavior that has endangered or caused injury to others or has a substantial history of involuntary hospitalizations under KRS Chapter 202A or 202B prior to the commission of the charged crime; and
(d) A less restrictive alternative mode of treatment would endanger the safety of the respondent or others.
(2) When a respondent is involuntarily committed under this chapter, the cabinet shall place that respondent in a forensic psychiatric facility designated by the secretary.
Effective:April 1, 2021
History: Created 2021 Ky. Acts ch. 175, sec. 10, effective April 1, 2021.