{"data":{"id":"us-ky/krs-202a.029","jurisdiction":"us-ky","citation":"KRS 202A.029","heading":"Release from hospital prior to preliminary hearing -- Certification","body":"review hearing -- Community-based outpatient treatment and conditions for\nrelease.  (Effective October 1, 2026)\n(1) (a) Upon motion of the county attorney, the hospital shall gi ve notice to the court\nand the county attorney if the hospital plans to discharge the respondent\nfollowing the certification by a qualified mental health professional and\nbefore the preliminary hearing. Prior to discharge, the county attorney may\nmake an e x parte motion for a certification review hearing. The court shall\nreview the ex parte motion upon its receipt.\n(b) If the review indicates that the respondent presents an imminent threat of\ndanger to self, family, or others, the court shall order the qual ified mental\nhealth professional to immediately notify the court if the professional has\ncertified that the respondent:\n1. Is an individual with a mental illness;\n2. Presents a danger or threat of danger to self, family, or others as a result\nof the mental illness; and\n3. Does not meet all the criteria for involuntary hospitalization under KRS\n202A.026.\n(c) The court shall review the certification under paragraph (b) of this subsection\nand consider if the respondent has been the subject of proceedings under  this\nchapter, prior to the current proceeding, and is exhibiting an escalation of\ndangerous behavior. After review, the court may:\n1. Order the respondent to be hospitalized in a place designated by the\ncabinet until the certification review hearing is he ld within forty -eight\n(48) hours, excluding weekends and holidays;\n2. Release the respondent, subject to reasonable conditions, and set the\ncertification review hearing to be held within forty-eight (48) hours; or\n3. Deny the county attorney's motion for a certification review and\nauthorize the release of the person.\n(d) 1. At the certification review hearing, the respondent shall be appointed\ncounsel who may present evidence and cross examine witnesses on the\nrespondent's behalf.\n2. The qualified mental health professional that performed the examination\nshall testify about the certification under paragraph (b) of this\nsubsection. This testimony may be given remotely.\n3. Notwithstanding subparagraph 2. of this paragraph, the court may accept\nthe certification under paragraph (b) of this subsection in lieu of\ntestimony upon agreement of all parties and stipulation of the\nrespondent that he or she meets the criteria for involuntary\nhospitalization under KRS 202A.026, provi ded that outpatient treatment\nis determined to be the least restrictive mode of treatment.\n(e) Upon conclusion of the certification review hearing, if the court finds by clear\nand convincing evidence that the respondent is an individual with a mental\nillness who presents a danger or threat of danger to self, family, or others as a\nresult of the mental illness, who may reasonably benefit from court -ordered\noutpatient treatment or release with reasonable conditions, and for whom\ncourt-ordered outpatient treatment or release with reasonable conditions is the\nleast restrictive alternative mode of treatment available, the court may order\nthe respondent to:\n1. Receive community -based outpatient treatment that shall not exceed\nthree hundred sixty (360) days and co mply with any other reasonable\nconditions necessary to ensure compliance; or\n2. Be released with any reasonable conditions necessary to ensure the\nsafety of self, family, or others and avoid readmittance to a hospital\nsetting.\n(2) (a) Failure to comply wit h an order for community -based outpatient treatment or\nrelease with conditions under subsection (1)(e) of this section shall not be\ngrounds to find the respondent in contempt of court but shall be prima facie\nevidence that:\n1. The respondent can benefit from inpatient hospitalization; and\n2. Inpatient hospitalization is the least restrictive mode of treatment.\n(b) If a new petition for involuntary hospitalization is filed within twelve (12)\nmonths of an order for community -based outpatient treatment or rele ase with\nconditions under subsection (1)(e) of this section, the clerk of the court shall\nprovide the prior order to:\n1. The court with the petition for involuntary hospitalization; and\n2. The qualified mental health professional along with the court's ord er for\nexamination.\n(c) The qualified mental health professional who conducts the examination as\ndescribed under paragraph (b)2. of this subsection shall independently\nevaluate the respondent, considering the respondent's prior order for\ncommunity-based outpatient treatment or release with conditions, and certify\nwhether he or she meets the criteria for involuntary hospitalization under KRS\n202A.026.\n(d) A respondent shall not be involuntarily hospitalized based solely on his or her\nfailure to comply with a prior order for community-based outpatient treatment\nor release with conditions.","path":["KRS Chapter 202A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58199","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:58Z","sha256":"d7aea23f89b187871dbc42bb21b640cc65234b9b158538e1be2a1823120ce7a3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202a.028","next":"us-ky/krs-202a.030"},"notice":"GroundRules: Original legal text. Not legal advice."}