KRS 202C.060: Involuntary commitment review hearing -- Conduct of hearing --

Schedule for review hearings -- Participation by qualified mental health

professionals, Commonwealth's attorney, respondent, and guardian ad litem --

Waiver of right to commitment hearing prohibited. (Effective until October 1,

2026)

(1) (a) A review hearing to determine if a respondent involuntarily committed under

this chapter should remain in a forensic psychiatric facility shall be conducted

by the court that issued the initial o rder according to the provisions of

subsection (2) of this section; and

(b) If at any point during the respondent's placement at a forensic psychiatric

facility it appears that the respondent no longer meets the criteria for

involuntary commitment under K RS 202C.050 because there has been a

material change in circumstances or there is new evidence to present, the

respondent or the respondent's guardian ad litem may request a review hearing

pursuant to this section.

(2) The schedule for review hearings shall be as follows:

(a) From the initial order of commitment, a standard review hearing shall be

conducted not sooner than ninety (90) days and not later than one hundred

twenty (120) days;

(b) For the first two (2) years after the initial order of commitment , standard

review hearings shall be conducted not less than one hundred eighty (180)

days and not more than two hundred ten (210) days from the most recent

review;

(c) Beginning two (2) years after the initial order of commitment, a standard

review hearing shall be conducted not more than three hundred sixty -five

(365) days from the most recent review hearing; and

(d) A heightened review hearing shall be conducted not more than five (5) years

from the initial order of commitment and, thereafter, not more th an five (5)

years from the most recent heightened review hearing.

(3) Prior to each standard review hearing, the court shall cause the respondent to be

examined without unnecessary delay by two (2) qualified mental health

professionals, at least one (1) of whom is a physician. The qualified mental health

professionals shall, within seven (7) days prior to the hearing, excluding weekends

and holidays, certify to the court their findings as to whether the respondent meets

the criteria for involuntarily commitment under KRS 202C.050.

(4) A standard review hearing may be conducted in an informal 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, or remotely from a forensic psychiatric facility, or other suitable

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

unless presence is waived by the respondent through counsel.

(5) The Commonwealth's attorney 's office serving the county of criminal prosecution

which led to finding that the respondent was incompetent to stand trial shall present

evidence regarding whether the respondent remains incompetent to stand trial and

continues to meet the criteria for i nvoluntary commitment under KRS 202C.050.

The respondent and the respondent's guardian ad litem shall be afforded an

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

(6) The manner of proceeding and the rules of evidence shall be the sa me as those in

any criminal proceeding. The standard of proof shall be proof beyond a reasonable

doubt. Proceedings shall be heard by a judge without a jury, except that a

respondent shall be entitled to a jury upon request if the respondent has not had a

review hearing with a jury during the preceding twelve (12) months.

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

(8) At the conclusion of a standard review hearing, the court shall make written

findings of fact concerning whether the cri teria for involuntary commitment under

KRS 202C.050 continue to be satisfied based upon proof beyond a reasonable

doubt. If the court finds that the criteria continue to be satisfied, the court shall enter

an order authorizing the continued care and treatm ent of the respondent at the

forensic psychiatric facility. Otherwise, the court shall enter an order requiring the

respondent to be discharged.

(9) During a heightened review hearing, the procedures of a standard review hearing

shall apply. Additionally, the qualified mental health professionals who evaluated

the respondent in preparation for the hearing shall be required to give live testimony

and answer questions before the court. The respondent shall be physically present in

the courtroom for the hearin g. If the respondent is unable to attend for any reason,

the hearing shall be rescheduled to a time, place, and manner in which the

respondent is able to attend.

Effective: April 1, 2021