Kentucky Statutes 202C.110 – Right to petition for writ of habeas corpus
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At any time, and without notice, a respondent detained at a forensic psychiatric facility, or a relative, friend, guardian, representative, or attorney on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of the detention and request that the court issue a writ for release.
Effective:April 1, 2021
History: Created 2021 Ky. Acts ch. 175, sec. 16, effective April 1, 2021.
Effective:April 1, 2021
Terms Used In Kentucky Statutes 202C.110
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
History: Created 2021 Ky. Acts ch. 175, sec. 16, effective April 1, 2021.