2015 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.
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388.350
Commitment or transfer of mentally disabled person to custody of
Veterans Administration or other federal agency.
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(2)
(3)
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 an individual with
an intellectual disability, 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 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 115, effective July 12, 2012. -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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