{"data":{"id":"us-ky/krs-388.350","jurisdiction":"us-ky","citation":"KRS 388.350","heading":"Commitment  or transfer of mentally disabled person to custody of","body":"Department  of Veterans Affairs or other federal agency.\n(1) Whenever  in a proceeding for the trial and commitment of any person who\nappears to be mentally disabled it is determined that such person is either an\nindividual with an intellectual disability, an epileptic, or a mentally ill person and\nought to be committed for safekeeping or treatment and it appears that such\nperson is eligible for care or treatment by the Veterans Affairs or other agency\nof the United States government, the court of the county in which such person\nis found, having jurisdiction in such matters, upon receipt of a certificate from\nthe Veterans Affairs or such other agency showing that facilities are available\nand that such person is eligible for care or treatment therein, may commit such\nperson to the Veterans Affairs or other agency of the United States government\nfor care or treatment. Thereafter, such person, upon admission to any such\nfacility, shall be subject to the rules and regulations of the Veterans Affairs or\nother agency of the United States government. The chief officer of any such\nfacility or institution to which such person is committed under the provisions of\nthis section shall be vested with the same  powers as are exercised by\nsuperintendents of state hospitals for mental diseases within this state with\nrespect to the retention, transfer, parole or discharge of the person so\ncommitted. Notice of such pending commitment proceedings shall be furnished\nthe person whose commitment is sought and his right to appear and defend\nshall not be denied. The judgment or order of commitment  by a court of\ncompetent jurisdiction of another state committing a person to the Veterans\nAffairs or other agency of the United States government, for care or treatment,\nshall have the same force and effect as to such person while in this state as in\nthe state in which is situated the court entering such judgment or making such\norder.\n(2) Upon  receipt of a certificate of the Veterans Affairs or such other agency of the\nUnited States government that facilities are available for the care or treatment\nof any person heretofore committed to any hospital for the mentally ill or other\ninstitution in this state for the care of persons similarly disabled and that such\nperson is eligible for such care or treatment, the superintendent of any such\nhospital or institution in this state is hereby authorized to cause the transfer of\nany such person to the Veterans Affairs or other agency of the United States\ngovernment  for care or treatment. Upon  effecting any such transfer, the\ncommitting court shall be notified thereof by the transferring agency; provided,\nhowever, that no person shall be transferred if he be confined pursuant to\nconviction of any crime or misdemeanor, or if he shall have been acquitted of\nany such charge solely on the ground of insanity, unless prior to such transfer\nthe court originally committing such person shall enter an order for such\ntransfer after appropriate motion and hearing.\n(3) Any  person transferred as provided in this section shall be deemed  to be\ncommitted  to the Veterans Affairs or other agency of the United States\ngovernment pursuant to the original commitment the same as if he had been\noriginally so committed.","path":["KRS Chapter 388"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45859","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:22Z","sha256":"23f9539a6508711808df60f491d574e1b6a9bf8b0efc254c492cbadda3449163","source_id":"us-ky","stale":false,"prev":"us-ky/krs-388.340","next":"us-ky/krs-388.360"},"notice":"GroundRules: Original legal text. Not legal advice."}