KRS 202A.029: Release from hospital prior to preliminary hearing -- Certification

review hearing -- Community-based outpatient treatment and conditions for

release. (Effective October 1, 2026)

(1) (a) Upon motion of the county attorney, the hospital shall gi ve notice to the court

and the county attorney if the hospital plans to discharge the respondent

following the certification by a qualified mental health professional and

before the preliminary hearing. Prior to discharge, the county attorney may

make an e x parte motion for a certification review hearing. The court shall

review the ex parte motion upon its receipt.

(b) If the review indicates that the respondent presents an imminent threat of

danger to self, family, or others, the court shall order the qual ified mental

health professional to immediately notify the court if the professional has

certified that the respondent:

1. Is an individual with a mental illness;

2. Presents a danger or threat of danger to self, family, or others as a result

of the mental illness; and

3. Does not meet all the criteria for involuntary hospitalization under KRS

202A.026.

(c) The court shall review the certification under paragraph (b) of this subsection

and consider if the respondent has been the subject of proceedings under this

chapter, prior to the current proceeding, and is exhibiting an escalation of

dangerous behavior. After review, the court may:

1. Order the respondent to be hospitalized in a place designated by the

cabinet until the certification review hearing is he ld within forty -eight

(48) hours, excluding weekends and holidays;

2. Release the respondent, subject to reasonable conditions, and set the

certification review hearing to be held within forty-eight (48) hours; or

3. Deny the county attorney's motion for a certification review and

authorize the release of the person.

(d) 1. At the certification review hearing, the respondent shall be appointed

counsel who may present evidence and cross examine witnesses on the

respondent's behalf.

2. The qualified mental health professional that performed the examination

shall testify about the certification under paragraph (b) of this

subsection. This testimony may be given remotely.

3. Notwithstanding subparagraph 2. of this paragraph, the court may accept

the certification under paragraph (b) of this subsection in lieu of

testimony upon agreement of all parties and stipulation of the

respondent that he or she meets the criteria for involuntary

hospitalization under KRS 202A.026, provi ded that outpatient treatment

is determined to be the least restrictive mode of treatment.

(e) Upon conclusion of the certification review hearing, if the court finds by clear

and convincing evidence that the respondent is an individual with a mental

illness who presents a danger or threat of danger to self, family, or others as a

result of the mental illness, who may reasonably benefit from court -ordered

outpatient treatment or release with reasonable conditions, and for whom

court-ordered outpatient treatment or release with reasonable conditions is the

least restrictive alternative mode of treatment available, the court may order

the respondent to:

1. Receive community -based outpatient treatment that shall not exceed

three hundred sixty (360) days and co mply with any other reasonable

conditions necessary to ensure compliance; or

2. Be released with any reasonable conditions necessary to ensure the

safety of self, family, or others and avoid readmittance to a hospital

setting.

(2) (a) Failure to comply wit h an order for community -based outpatient treatment or

release with conditions under subsection (1)(e) of this section shall not be

grounds to find the respondent in contempt of court but shall be prima facie

evidence that:

1. The respondent can benefit from inpatient hospitalization; and

2. Inpatient hospitalization is the least restrictive mode of treatment.

(b) If a new petition for involuntary hospitalization is filed within twelve (12)

months of an order for community -based outpatient treatment or rele ase with

conditions under subsection (1)(e) of this section, the clerk of the court shall

provide the prior order to:

1. The court with the petition for involuntary hospitalization; and

2. The qualified mental health professional along with the court's ord er for

examination.

(c) The qualified mental health professional who conducts the examination as

described under paragraph (b)2. of this subsection shall independently

evaluate the respondent, considering the respondent's prior order for

community-based outpatient treatment or release with conditions, and certify

whether he or she meets the criteria for involuntary hospitalization under KRS

202A.026.

(d) A respondent shall not be involuntarily hospitalized based solely on his or her

failure to comply with a prior order for community-based outpatient treatment

or release with conditions.