{"data":{"id":"us-ky/krs-533.276","jurisdiction":"us-ky","citation":"KRS 533.276","heading":"Clinical assessment for behavioral disorder -- Conduct -- Treatment","body":"referral -- Requirements of Commonwealth's attorney when considering\nindividual's participation in pilot program -- Agreement.\n(1) (a) Following arrest, and within seventy-two (72) hours after being booked into a\njail or detention facility, any person who has been charged with a qualifying\noffense shall undergo a clinical assessment to determine if he or she may have\na behavioral health disorder.\n(b) The Cabinet for Health and  Family Services shall provide a list of approved\nassessors in accordance with KRS 533.284 for each county participating in the\npilot program.\n(c) The jailer or his or her designee shall contact a qualified mental health\nprofessional from the list of appro ved assessors for the county provided under\nparagraph (b) of this subsection, and shall advise the qualified mental health\nprofessional that a clinical assessment is needed.\n(d) If a person has been charged with a qualifying offense and has been released\nprior to receiving a clinical assessment, he or she individually, or through his\nor her counsel, if any, may request a clinical assessment by a qualified mental\nhealth professional at any time during the proceedings from the list of\napproved assessors provided under paragraph (b) of this subsection.\n(e) Notwithstanding any other provision to the contrary, the clinical assessment\nmay be conducted through telehealth or in person, whether the person charged\nis in the custody of the jail or has been released.\n(f) If the qualified mental health professional determines that the person being\nassessed is physically or psychologically impaired to the extent that he or she\ncannot provide sufficient information or responses to conduct or complete the\nassessment, the assessment may be delayed but only for the time required for\nthe person to adequately respond.\n(g) No statement or other disclosure made by the person charged in the course of\nthe clinical assessment shall be admissible in a criminal trial unless the trial is\nfor a crime committed during the assessment; however, nothing in this\nsubsection shall be interpreted to prevent any reporting required by law or as\nan implied waiver of applicable privacy laws and professional standards\nregarding confidentiality.\n(h) Any referral for treatment shall be based upon the clinical assessment and a\nfinding by the qualified mental health professional that treatment is medically\nnecessary.\n(i) The treatment referral shall be forwarded to the attorney for the\nCommonwealth and the attorney for the person charged, if any, within forty -\neight (48) hours of the assessment.\n(j) The failure of the assessor to forward the referral to the attorney for the\nCommonwealth or the attorney for the person charged, if any, within forty -\neight (48) hours shall not result in automatic release of the person charged.\n(k) Nothing in this subsection shall be interpreted to create a duty of the jailer to\npay for any costs associated with the clinical assessment.\n(2) At any time following arrest, the Commonw ealth's attorney if the underlying charge\nincludes a felony, or the county attorney if the underlying charge only includes a\nmisdemeanor, and the person charged may agree to the individual's participation in\nthe behavioral health conditional dismissal program.\n(3) When an individual is being considered for the behavioral health conditional\ndismissal program, the attorney for the Commonwealth shall:\n(a) Have a criminal record check made to ascertain if the person is eligible for the\nprogram;\n(b) Consult with the victim of the crime if there is an identified victim;\n(c) Explain the behavioral health conditional dismissal program to the victim,\nincluding potential terms and conditions, and any other matter the attorney for\nthe Commonwealth deems to be appropriate, including the right of the victim\nto submit a written statement that shall be included in the record placed under\nseal under KRS 533.280; and\n(d) Conduct any other investigation that the attorney for the Commonwealth\ndetermines may be necessary to assist him or her in agreeing to the referral for\ntreatment by the qualified mental health professional and the defendant's\nparticipation in the behavioral health conditional dismissal program.\n(4) If the defendant agrees to the terms of the individualized treatment plan, which shall\ninclude restitution, and the attorney for the Commonwealth agrees to the defendant's\nparticipation in the program, the defendant and the attorney for the Commonwealth\nshall sign an agreement specifying the terms and con ditions. If the defendant is\nrepresented by counsel, defense counsel shall also sign the agreement.\n(5) The length of the program shall be determined by the qualified mental health\nprofessional in collaboration with the provider and the type of program bas ed upon\nthe assessment and shall not:\n(a) Be less than one (1) year in duration unless discharged earlier by the provider\nupon satisfactory completion of the recommended treatment plan with\nagreement of the attorney for the Commonwealth after consultation with the\nvictim and with agreement of the defendant; or\n(b) Exceed a period of time longer than the defendant's maximum potential period\nof incarceration if found guilty of the offenses charged unless the defendant\nagrees in writing to an extension of the treatment period.\n(6) A defendant participating in the behavioral health conditional dismissal program\nshall not be required to:\n(a) Plead guilty or enter an Alford plea as a condition for participation in the\nprogram; or\n(b) Make any statement or stipulat e to any statement relating to evidence in the\nunderlying case as a condition for participation in the program.\n(7) Execution of the agreement by the defendant shall toll all further proceedings\nagainst the defendant relating to the agreement, except the m atter may be set for a\nstatus review at the discretion of the court.\n(8) Upon execution of the agreement as provided in subsection (4) of this section, the\ndefendant shall present himself or herself for treatment no later than three (3) days\nafter the agreement is signed. The attorney for the Commonwealth shall:\n(a) Notify the treatment provider of the agreement and the effective date; and\n(b) Provide the victim, if there is an identified victim, with notice that an\nagreement has been reached for the defend ant's participation in the behavioral\nhealth conditional dismissal program, and the terms of the agreement that are\napplicable to the victim.\n(9) If the defendant remains in custody at the time of the agreement, the court shall\norder release of the defendant which shall not include a requirement of cash bail.\n(10) The charges against the defendant shall proceed with ordinary prosecution upon\ndismissal of the defendant from the treatment program by the provider for\nnoncompliance.","path":["KRS Chapter 533"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53187","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"efd81537337e5e5a9a408eb7c15d5ac8603983c2b5567e8b13895c9b393a8c18","source_id":"us-ky","stale":false,"prev":"us-ky/krs-533.274","next":"us-ky/krs-533.278"},"notice":"GroundRules: Original legal text. Not legal advice."}