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202A.201 Mentally ill inmates.
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When an inmate of any penal and correctional institution is reported by the
staff of that institution to the Department of Corrections as being so mentally ill
that he cannot be properly treated with the facilities at the disposal of the staff,
the Department of Corrections shall have an examination conducted on the
inmate by a mental health professional.
If this examination reveals that the inmate is mentally ill and appropriate
treatment cannot be properly carried out in the institution in which he is
incarcerated or within the facilities at the disposal of the Department of
Corrections, the commissioner of the Department of Corrections may then
request of the secretary of the Cabinet for Health and Family Services the
inmate's transfer to a hospital or forensic psychiatric facility. If the secretary of
the Cabinet for Health and Family Services agrees that a transfer is necessary,
the person shall be transferred to a Cabinet for Health and Family Services
facility designated by the secretary of the Cabinet for Health and Family
Services, where the person shall remain until the staff of the facility which
received him advises the commissioner of the Department of Corrections that
the person's condition is such that he may be returned to the institution from
which he came. No transfer shall be made to a correctional facility located on
the grounds of a state mental hospital. The commissioner of the Department of
Corrections shall then authorize his return. If the prisoner's sentence expires
during his stay in the facility and he is still in need of involuntary hospitalization,
the staff of the facility shall petition the applicable District Court for further
involuntary hospitalization of the patient under provisions of this chapter.
Prior to the issuance of an order of transfer and unless the prisoner voluntarily
agrees to the transfer, the commissioner shall:
(a) Send written notice to the prisoner that a transfer to a hospital or forensic
psychiatric facility is being considered in sufficient time to permit the
prisoner to prepare for the hearing;
(b) Hold a hearing at which time the prisoner is made aware of the evidence
being relied upon for the transfer and at which an opportunity to be heard
in person and to present documentary evidence is given;
(c) Provide an opportunity at the hearing to the prisoner to present testimony
of witnesses and to confront and cross-examine witnesses called by the
Department of Corrections, except upon a finding, not arbitrarily made, of
good cause for not permitting the presentation;
(d) Provide an independent decision maker who has not participated in the
request for transfer to a hospital or forensic psychiatric facility;
(e) Issue a written statement by the fact finder as to the evidence relied on
and the reasons for transferring the prisoner; and
(f) Provide effective and timely notice of all the foregoing rights.
During the time of the prisoner's stay in a facility, his legal status as a prisoner
shall remain unchanged until the termination of his sentence. The facility staff
shall have no authority to parole, grant permission to visit relatives or friends
outside the facility, or discharge the individual unless otherwise agreed to by
the Department of Corrections. The time the prisoner spends in the facility shall
be counted as a part of the prisoner's sentence.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 213, effective June 20, 2005. -Amended 1998 Ky. Acts ch. 426, sec. 178, effective July 15, 1998. -- Amended
1994 Ky. Acts ch. 418, sec. 7, effective July 15, 1994. Amended 1992 Ky. Acts
ch. 211, sec. 72, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 139,
sec. 13, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 331, sec. 33,
effective July 15, 1986; and ch. 428, sec. 6, effective July 15, 1986. -- Created
1982 Ky. Acts ch. 445, sec. 29, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts,
ch. 445, which contains the following language in sec. 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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