2011 Kentucky Revised Statutes CHAPTER 388 UNIFORM VETERANS' GUARDIANSHIP ACT 388.350 Commitment or transfer of mentally disabled person to custody of Veterans Administration or other federal agency.
KY Rev Stat § 388.350 (1996 through Reg Sess) What's This?
388.350 Commitment or transfer of mentally disabled person to custody of
Veterans Administration or other federal agency.
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Whenever in a proceeding for the trial and commitment of any person who appears
to be mentally disabled it is determined that such person is either mentally retarded,
an epileptic, or a mentally ill person and ought to be committed for safekeeping or
treatment and it appears that such person is eligible for care or treatment by the
Veterans Administration or other agency of the United States government, the court
of the county in which such person is found, having jurisdiction in such matters,
upon receipt of a certificate from the Veterans Administration or such other agency
showing that facilities are available and that such person is eligible for care or
treatment therein, may commit such person to the Veterans Administration or other
agency of the United States government for care or treatment. Thereafter, such
person, upon admission to any such facility, shall be subject to the rules and
regulations of the Veterans Administration or other agency of the United States
government. The chief officer of any such facility or institution to which such
person is committed under the provisions of this section shall be vested with the
same powers as are exercised by superintendents of state hospitals for mental
diseases within this state with respect to the retention, transfer, parole or discharge
of the person so committed. Notice of such pending commitment proceedings shall
be furnished the person whose commitment is sought and his right to appear and
defend shall not be denied. The judgment or order of commitment by a court of
competent jurisdiction of another state committing a person to the Veterans
Administration or other agency of the United States government, for care or
treatment, shall have the same force and effect as to such person while in this state
as in the state in which is situated the court entering such judgment or making such
order.
Upon receipt of a certificate of the Veterans Administration or such other agency of
the United States government that facilities are available for the care or treatment of
any person heretofore committed to any hospital for the mentally ill or other
institution in this state for the care of persons similarly disabled and that such
person is eligible for such care or treatment, the superintendent of any such hospital
or institution in this state is hereby authorized to cause the transfer of any such
person to the Veterans Administration or other agency of the United States
government for care or treatment. Upon effecting any such transfer, the committing
court shall be notified thereof by the transferring agency; provided, however, that no
person shall be transferred if he be confined pursuant to conviction of any crime or
misdemeanor, or if he shall have been acquitted of any such charge solely on the
ground of insanity, unless prior to such transfer the court originally committing such
person shall enter an order for such transfer after appropriate motion and hearing.
Any person transferred as provided in this section shall be deemed to be committed
to the Veterans Administration or other agency of the United States government
pursuant to the original commitment the same as if he had been originally so
committed.
Effective: July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 144, effective July 1, 1982. -- Amended
1978 Ky. Acts ch. 92, sec. 11, effective June 17, 1978. -- Created 1942 Ky. Acts
ch. 25, sec. 16.
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