{"data":{"id":"us-ky/krs-202a.0805","jurisdiction":"us-ky","citation":"KRS 202A.0805","heading":"Discharge review hearing -- Procedures -- Transfer to inpatient","body":"psychiatric hospital owned by Commonwealth.  (Effective October 1, 2026)\n(1) (a) Upon motion of the county attorney under KRS 202A.051(11)(a)2.b.ii., the\nhospital shall provide a c opy of the discharge plan as soon as practicable to\nthe court and the respondent's counsel of record. The court, upon motion of\nthe county attorney or the court's own motion, shall conduct a review hearing:\n1. To determine if the discharge plan gives the r espondent a realistic\nopportunity to avoid imminent readmittance into an inpatient psychiatric\nhospital for treatment; and\n2. At the earliest practicable time, consistent with due process and the\navailability of counsel, and in no event later than seven (7) days after the\nmotion is made, except with the respondent's consent or upon the court's\nfinding that extraordinary circumstances exist and that delay is\nindispensable to protect the respondent and the community.\n(b) This hearing shall only be conducted f or a respondent who within the past\ntwelve (12) months has been found incompetent to stand trial in a criminal\nproceeding and has not been committed under KRS Chapter 202C.\n(2) The court shall verify that discharge planning procedures were completed to giv e\nthe respondent a realistic opportunity to avoid recurrence of substantial symptom\nburden that would necessitate psychiatric hospitalization. Those procedures shall\ninclude but not be limited to any of the following:\n(a) Documenting the housing status of the respondent or that housing services\nwere offered and the respondent declined;\n(b) Scheduling an outpatient treatment appointment for no later than seven (7)\ndays after discharge;\n(c) Providing or prescribing a thirty (30) day supply of medication;\n(d) Documenting a transportation plan that may include securing a bus pass, taxi\nvoucher, or an acknowledgment that the respondent will walk or the\nrespondent's family will provide transportation;\n(e) Developing and documenting a crisis plan with contact information for\nservices that are available twenty-four (24) hours a day;\n(f) Developing a transfer of care plan or attempting to develop a transfer of care\nplan with the respondent if the respondent has met wit h an outpatient provider\nor an appointment with the outpatient provider has been scheduled; or\n(g) Contacting the respondent's family or other support systems, if the respondent\nconsents.\n(3) For respondents with decision -making capacity who refuse housing  or other\nservices under subsection (2) of this section, the discharge plan shall document:\n(a) That housing and other services were offered and explained;\n(b) The respondent's reasons for refusal;\n(c) That the respondent understands the potential conseque nces of his or her\nchoices;\n(d) That risk reduction strategies were offered, including access to crisis contacts,\nmobile crisis services, drop -in services, and other safety -oriented resources;\nand\n(e) That there is a plan for periodic outreach to offer services.\n(4) If the court finds by clear and convincing evidence that the discharge plan does not\ngive the respondent a realistic opportunity to avoid imminent readmittance into an\ninpatient psychiatric hospital for treatment, then the respondent shall not b e\ndischarged and the court shall order the hospital to submit within seventy -two (72)\nhours a revised discharge plan that gives the respondent a realistic opportunity to\navoid imminent readmittance into an inpatient psychiatric hospital for treatment.\n(5) (a) If a respondent is not discharged under subsection (4) of this section, a review\nhearing shall be conducted by the court within seven (7) days of the hospital's\nsubmission of a revised discharge plan.\n(b) A review hearing may be conducted in an informa l manner, consistent with\norderly procedures, and in a physical setting not likely to have a harmful\neffect on the mental or physical health of the respondent. The hearing may be\nheld by the court in chambers, remotely from a hospital, or in another suitab le\nplace. The respondent shall be present in person or remotely for all review\nhearings, unless presence is waived by the respondent through counsel.\n(c) 1. The Commonwealth shall present evidence regarding whether:\na. The respondent continues to meet the criteria for involuntary\ncommitment under KRS 202A.026; and\nb. The discharge plan gives the respondent a realistic opportunity to\navoid imminent readmittance into an inpatient psychiatric hospital\nfor treatment.\n2. The respondent shall be represented by co unsel and be afforded an\nopportunity to present evidence and to cross-examine any witnesses.\n(d) The Kentucky Rules of Evidence shall apply and proceedings shall be heard\nby a judge without a jury.\n(e) The respondent's right to this hearing shall not be waived.\n(f) 1. At the conclusion of a review hearing, the court shall make written\nfindings of fact concerning whether:\na. The criteria for involuntary commitment under KRS 202A.026\ncontinue to be satisfied; and\nb. The discharge plan gives the respondent a r ealistic opportunity to\navoid imminent readmittance into an inpatient psychiatric hospital\nfor treatment.\n2. If the court finds, by clear and convincing evidence, that the criteria\ncontinue to be satisfied and that the discharge plan does not give the\nrespondent a realistic opportunity to avoid imminent readmittance into\nan inpatient psychiatric hospital for treatment, the court shall enter an\norder authorizing the continued care and treatment of the respondent\nuntil the expiration of the order under KRS 202A.051(11)(a).\n3. If the court does not make the finding required in subparagraph 2. of this\nparagraph, the court shall discharge the respondent to comply with the\ndischarge plan unless the court finds that the respondent is an individual\nwith a mental illness, who presents  a danger or threat of danger to self,\nfamily, or others as a result of the mental illness, who may reasonably\nbenefit from court -ordered outpatient treatment or release with other\nreasonable conditions, and for whom court -ordered outpatient treatment\nor r elease with other reasonable conditions is the least restrictive\nalternative mode of treatment available, in which case the court shall\ndischarge the respondent and may order:\na. For a respondent who meets the criteria for court -ordered assisted\noutpatient treatment set forth in KRS 202A.0815:\ni. That a treatment plan be developed in accordance with KRS\n202A.0817 within forty-eight (48) hours; and\nii. The respondent to receive court -ordered assisted outpatient\ntreatment under KRS 202A.0811 to 202A.0831;\nb. For any other respondent who may benefit from outpatient\ntreatment:\ni. A qualified mental health professional to develop a treatment\nplan within forty-eight (48) hours;\nii. The respondent to receive community -based outpatient\ntreatment that shall not excee d three hundred sixty (360)\ndays; and\niii. The respondent to comply with any other reasonable\ncondition necessary to ensure compliance; or\nc. The respondent to be released with any reasonable conditions\nnecessary to ensure the safety of self, family, or ot hers and avoid\nreadmittance into a hospital setting.\n(6) The Commonwealth, respondent, or hospital where the respondent is being\nhospitalized may make a motion for an additional review hearing if a material\nchange in circumstances has occurred and the resp ondent no longer meets the\ncriteria for involuntary hospitalization under KRS 202A.026. If the court has\nprobable cause to believe that a material change in circumstances has occurred, the\ncourt shall:\n(a) Conduct a review hearing within fourteen (14) days of the filing of the motion\nfor an additional review hearing; and\n(b) Order the respondent to be evaluated as described under subsection (5)(b) of\nthis section.\n(7) (a) Any respondent being hospitalized under this section shall be transferred to an\ninpatient psychiatric hospital owned by the Commonwealth upon request of\nthe hospital or psychiatric facility where the respondent is being held.\n(b) An inpatient psychiatric hospital contracted with the cabinet shall not request\ntransfer under paragraph (a) of this subsection.","path":["KRS Chapter 202A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58205","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:59Z","sha256":"8439d2b2c82960a4dc0b99ec77d6e325bea0cc5716e9f9233a80cdcf02e8190f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202a.0803","next":"us-ky/krs-202a.0807"},"notice":"GroundRules: Original legal text. Not legal advice."}