{"data":{"id":"us-ky/krs-202c.060","jurisdiction":"us-ky","citation":"KRS 202C.060","heading":"Involuntary commitment review hearing -- Conduct of hearing --","body":"Schedule for review hearings -- Participation by qualified mental health\nprofessionals, Commonwealth's attorney, respondent, and guardian ad litem --\nWaiver of right to commitment hearing prohibited.  (Effective until October 1,\n2026)\n(1) (a) A review hearing to determine if a respondent involuntarily committed under\nthis chapter should remain in a forensic psychiatric facility shall be conducted\nby the court that issued the initial o rder according to the provisions of\nsubsection (2) of this section; and\n(b) If at any point during the respondent's placement at a forensic psychiatric\nfacility it appears that the respondent no longer meets the criteria for\ninvoluntary commitment under K RS 202C.050 because there has been a\nmaterial change in circumstances or there is new evidence to present, the\nrespondent or the respondent's guardian ad litem may request a review hearing\npursuant to this section.\n(2) The schedule for review hearings shall be as follows:\n(a) From the initial order of commitment, a standard review hearing shall be\nconducted not sooner than ninety (90) days and not later than one hundred\ntwenty (120) days;\n(b) For the first two (2) years after the initial order of commitment , standard\nreview hearings shall be conducted not less than one hundred eighty (180)\ndays and not more than two hundred ten (210) days from the most recent\nreview;\n(c) Beginning two (2) years after the initial order of commitment, a standard\nreview hearing  shall be conducted not more than three hundred sixty -five\n(365) days from the most recent review hearing; and\n(d) A heightened review hearing shall be conducted not more than five (5) years\nfrom the initial order of commitment and, thereafter, not more th an five (5)\nyears from the most recent heightened review hearing.\n(3) Prior to each standard review hearing, the court shall cause the respondent to be\nexamined without unnecessary delay by two (2) qualified mental health\nprofessionals, at least one (1) of  whom is a physician. The qualified mental health\nprofessionals shall, within seven (7) days prior to the hearing, excluding weekends\nand holidays, certify to the court their findings as to whether the respondent meets\nthe criteria for involuntarily commitment under KRS 202C.050.\n(4) A standard review hearing may be conducted in an informal manner, consistent\nwith orderly procedures, and in a physical setting not likely to have a harmful effect\non the mental or physical health of the respondent. The hearing may be held by the\ncourt in chambers, or remotely from a forensic psychiatric facility, or other suitable\nplace. The respondent shall be present in person or remotely for all review hearings,\nunless presence is waived by the respondent through counsel.\n(5) The Commonwealth's attorney 's office serving the county of criminal prosecution\nwhich led to finding that the respondent was incompetent to stand trial shall present\nevidence regarding whether the respondent remains incompetent to stand trial and\ncontinues to meet the criteria for i nvoluntary commitment under KRS 202C.050.\nThe respondent and the respondent's guardian ad litem shall be afforded an\nopportunity to present evidence, and to cross-examine any witnesses.\n(6) The manner of proceeding and the rules of evidence shall be the sa me as those in\nany criminal proceeding. The standard of proof shall be proof beyond a reasonable\ndoubt. Proceedings shall be heard by a judge without a jury, except that a\nrespondent shall be entitled to a jury upon request if the respondent has not had a\nreview hearing with a jury during the preceding twelve (12) months.\n(7) The respondent's right to this hearing shall not be waived.\n(8) At the conclusion of a standard review hearing, the court shall make written\nfindings of fact concerning whether the cri teria for involuntary commitment under\nKRS 202C.050 continue to be satisfied based upon proof beyond a reasonable\ndoubt. If the court finds that the criteria continue to be satisfied, the court shall enter\nan order authorizing the continued care and treatm ent of the respondent at the\nforensic psychiatric facility. Otherwise, the court shall enter an order requiring the\nrespondent to be discharged.\n(9) During a heightened review hearing, the procedures of a standard review hearing\nshall apply. Additionally, the qualified mental health professionals who evaluated\nthe respondent in preparation for the hearing shall be required to give live testimony\nand answer questions before the court. The respondent shall be physically present in\nthe courtroom for the hearin g. If the respondent is unable to attend for any reason,\nthe hearing shall be rescheduled to a time, place, and manner in which the\nrespondent is able to attend.\nEffective: April 1, 2021","path":["KRS Chapter 202C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50870","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"09a4ae293640b37893d63aafd7dd1913452f7470a0765c28e328e78790952f31","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202c.050","next":"us-ky/krs-202c.070"},"notice":"GroundRules: Original legal text. Not legal advice."}