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202A.231 Transfer to agency of United States.
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Upon receipt of a certificate of the United States Public Health Service or such
other agency of the United States government that facilities are available for
the care or treatment of any person heretofore hospitalized in any mental
hospital or other institution in this state for the care of mentally ill persons and
that such person is eligible for such care or treatment, the secretary, upon
recommendation by any such hospital or institution in this state, is hereby
authorized to cause the transfer of any such person to the United States Public
Health Service or other agency of the United States government for care or
treatment. Upon effecting any such transfer, the hospitalizing court shall be
notified thereof by the secretary.
Any person transferred as provided in this section shall be deemed to be
placed in the custody of the United States Public Health Service or other
agency of the United States government pursuant to the original hospitalization
the same as if he had been originally so hospitalized.
No person shall be transferred to any agency of the United States if he be
confined pursuant to conviction of any felony or misdemeanor or if he has been
acquitted of the charge solely on the ground of mental illness unless prior to
transfer the court issuing the confining order shall enter an order to transfer
after the motion and hearing. Any person transferred as provided in this section
to any agency of the United States shall be hospitalized by such agency
pursuant to the original order of hospitalization.
Effective:July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 26, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts,
Chapter 445, which contains the following language in Section 45 of that Act:
"This Act shall become effective on July 1, 1982." The Ky. Constitution, in
Section 55, requires that a reason be set forth for the emergency. However, no
reason is set forth in this Act. The effective date for 1982 Acts with no
emergency provision is July 15, 1982.
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