KRS 202A.0805: Discharge review hearing -- Procedures -- Transfer to inpatient

psychiatric hospital owned by Commonwealth. (Effective October 1, 2026)

(1) (a) Upon motion of the county attorney under KRS 202A.051(11)(a)2.b.ii., the

hospital shall provide a c opy of the discharge plan as soon as practicable to

the court and the respondent's counsel of record. The court, upon motion of

the county attorney or the court's own motion, shall conduct a review hearing:

1. To determine if the discharge plan gives the r espondent a realistic

opportunity to avoid imminent readmittance into an inpatient psychiatric

hospital for treatment; and

2. At the earliest practicable time, consistent with due process and the

availability of counsel, and in no event later than seven (7) days after the

motion is made, except with the respondent's consent or upon the court's

finding that extraordinary circumstances exist and that delay is

indispensable to protect the respondent and the community.

(b) This hearing shall only be conducted f or a respondent who within the past

twelve (12) months has been found incompetent to stand trial in a criminal

proceeding and has not been committed under KRS Chapter 202C.

(2) The court shall verify that discharge planning procedures were completed to giv e

the respondent a realistic opportunity to avoid recurrence of substantial symptom

burden that would necessitate psychiatric hospitalization. Those procedures shall

include but not be limited to any of the following:

(a) Documenting the housing status of the respondent or that housing services

were offered and the respondent declined;

(b) Scheduling an outpatient treatment appointment for no later than seven (7)

days after discharge;

(c) Providing or prescribing a thirty (30) day supply of medication;

(d) Documenting a transportation plan that may include securing a bus pass, taxi

voucher, or an acknowledgment that the respondent will walk or the

respondent's family will provide transportation;

(e) Developing and documenting a crisis plan with contact information for

services that are available twenty-four (24) hours a day;

(f) Developing a transfer of care plan or attempting to develop a transfer of care

plan with the respondent if the respondent has met wit h an outpatient provider

or an appointment with the outpatient provider has been scheduled; or

(g) Contacting the respondent's family or other support systems, if the respondent

consents.

(3) For respondents with decision -making capacity who refuse housing or other

services under subsection (2) of this section, the discharge plan shall document:

(a) That housing and other services were offered and explained;

(b) The respondent's reasons for refusal;

(c) That the respondent understands the potential conseque nces of his or her

choices;

(d) That risk reduction strategies were offered, including access to crisis contacts,

mobile crisis services, drop -in services, and other safety -oriented resources;

and

(e) That there is a plan for periodic outreach to offer services.

(4) If the court finds by clear and convincing evidence that the discharge plan does not

give the respondent a realistic opportunity to avoid imminent readmittance into an

inpatient psychiatric hospital for treatment, then the respondent shall not b e

discharged and the court shall order the hospital to submit within seventy -two (72)

hours a revised discharge plan that gives the respondent a realistic opportunity to

avoid imminent readmittance into an inpatient psychiatric hospital for treatment.

(5) (a) If a respondent is not discharged under subsection (4) of this section, a review

hearing shall be conducted by the court within seven (7) days of the hospital's

submission of a revised discharge plan.

(b) A review hearing may be conducted in an informa l manner, consistent with

orderly procedures, and in a physical setting not likely to have a harmful

effect on the mental or physical health of the respondent. The hearing may be

held by the court in chambers, remotely from a hospital, or in another suitab le

place. The respondent shall be present in person or remotely for all review

hearings, unless presence is waived by the respondent through counsel.

(c) 1. The Commonwealth shall present evidence regarding whether:

a. The respondent continues to meet the criteria for involuntary

commitment under KRS 202A.026; and

b. The discharge plan gives the respondent a realistic opportunity to

avoid imminent readmittance into an inpatient psychiatric hospital

for treatment.

2. The respondent shall be represented by co unsel and be afforded an

opportunity to present evidence and to cross-examine any witnesses.

(d) The Kentucky Rules of Evidence shall apply and proceedings shall be heard

by a judge without a jury.

(e) The respondent's right to this hearing shall not be waived.

(f) 1. At the conclusion of a review hearing, the court shall make written

findings of fact concerning whether:

a. The criteria for involuntary commitment under KRS 202A.026

continue to be satisfied; and

b. The discharge plan gives the respondent a r ealistic opportunity to

avoid imminent readmittance into an inpatient psychiatric hospital

for treatment.

2. If the court finds, by clear and convincing evidence, that the criteria

continue to be satisfied and that the discharge plan does not give the

respondent a realistic opportunity to avoid imminent readmittance into

an inpatient psychiatric hospital for treatment, the court shall enter an

order authorizing the continued care and treatment of the respondent

until the expiration of the order under KRS 202A.051(11)(a).

3. If the court does not make the finding required in subparagraph 2. of this

paragraph, the court shall discharge the respondent to comply with the

discharge plan unless the court finds 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 other

reasonable conditions, and for whom court -ordered outpatient treatment

or r elease with other reasonable conditions is the least restrictive

alternative mode of treatment available, in which case the court shall

discharge the respondent and may order:

a. For a respondent who meets the criteria for court -ordered assisted

outpatient treatment set forth in KRS 202A.0815:

i. That a treatment plan be developed in accordance with KRS

202A.0817 within forty-eight (48) hours; and

ii. The respondent to receive court -ordered assisted outpatient

treatment under KRS 202A.0811 to 202A.0831;

b. For any other respondent who may benefit from outpatient

treatment:

i. A qualified mental health professional to develop a treatment

plan within forty-eight (48) hours;

ii. The respondent to receive community -based outpatient

treatment that shall not excee d three hundred sixty (360)

days; and

iii. The respondent to comply with any other reasonable

condition necessary to ensure compliance; or

c. The respondent to be released with any reasonable conditions

necessary to ensure the safety of self, family, or ot hers and avoid

readmittance into a hospital setting.

(6) The Commonwealth, respondent, or hospital where the respondent is being

hospitalized may make a motion for an additional review hearing if a material

change in circumstances has occurred and the resp ondent no longer meets the

criteria for involuntary hospitalization under KRS 202A.026. If the court has

probable cause to believe that a material change in circumstances has occurred, the

court shall:

(a) Conduct a review hearing within fourteen (14) days of the filing of the motion

for an additional review hearing; and

(b) Order the respondent to be evaluated as described under subsection (5)(b) of

this section.

(7) (a) Any respondent being hospitalized under this section shall be transferred to an

inpatient psychiatric hospital owned by the Commonwealth upon request of

the hospital or psychiatric facility where the respondent is being held.

(b) An inpatient psychiatric hospital contracted with the cabinet shall not request

transfer under paragraph (a) of this subsection.