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441.047 Psychiatric and similar services for criminal defendants.
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Whenever a prisoner confined in the county jail is in need of psychiatric or
similar evaluation, treatment, or services, it shall be the responsibility of the
Commonwealth to provide such evaluation, treatment, or services at the
expense of the Commonwealth at the nearest state-operated or
state-supported facility suitable for the provision of the required evaluation,
treatment, or services at no cost to the county.
Whenever a criminal defendant is in need of psychiatric, sociological, or similar
evaluation in connection with the criminal proceedings in which he is a
defendant it shall be the responsibility of the Commonwealth to provide the
evaluation at the nearest state-operated or state-supported facility suitable for
the provision of the required evaluation at no cost to the county.
In the event that no suitable state-operated or state-supported facility is located
within a reasonable distance, then the evaluation may be made at a suitable
local facility or at the jail. In such instances a request must first be made to the
Cabinet for Health and Family Services to provide the evaluation, treatment, or
service unless the situation is an emergency requiring immediate attention. If
the cabinet cannot provide the service or if the situation is an emergency, then
local resources may be utilized.
In the event that local resources are utilized in an emergency situation, or
when the Cabinet for Health and Family Services is unable to provide the
evaluation, treatment, or service, then the reasonable cost of providing such
service, treatment, or evaluation shall be paid from the State Treasury in the
same manner as other medical expenses of indigent prisoners confined in the
county jail.
The Cabinet for Health and Family Services shall administer the provisions of
this section and shall issue such administrative regulations as necessary to
carry out the provisions of this section.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 651, effective June 20, 2005. -Amended 1998 Ky. Acts ch. 426, sec. 603, effective July 15, 1998. -- Created
1986 Ky. Acts ch. 155, sec. 1, effective July 15, 1986.
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