KRS § 202A.201 — KY Code / Title XVII / Chapter 202A / Section 202A.201
202A.201 Mentally ill inmates
Status: in_force

202A.201 Mentally ill inmates.

(1) When an inmate of any penal and correctional institution is reported by the staff of

that institution to the Department of Corrections as being so mentally ill that he

cannot be properly treated with the facilities at the disposal of the staff, the

Department of Corrections shall have an examination conducted on the inmate by a

mental health professional.

(2) If this examination reveals that the inmate is mentally ill and appropriate treatment

cannot be properly carried out in the institution in which he is incarcerated or within

the facilities at the disposal of the Department of Corrections, the commissioner of

the Department of Corrections may then request of the secretary of the Cabinet for

Health and Family Services the inmate's transfer to a hospital or forensic psychiatric

facility. If the secretary of the Cabinet for Health and Family Services agrees that a

transfer is necessary, the person shall be transferred to a Cabinet for Health and

Family Services facility designated by the secretary of the Cabinet for Health and

Family Services, where the person shall remain until the staff of the facility which

received him advises the commissioner of the Department of Corrections that the

person's condition is such that he may be returned to the institution from which he

came. No transfer shall be made to a correctional facility located on the grounds of a

state mental hospital. The commissioner of the Department of Corrections shall

then authorize his return. If the prisoner's sentence expires during his stay in the

facility and he is still in need of involuntary hospitalization, the staff of the facility

shall petition the applicable District Court for further involuntary hospitalization of

the patient under provisions of this chapter.

(3) Prior to the issuance of an order of transfer and unless the prisoner voluntarily

agrees to the transfer, the commissioner shall:

(a) Send written notice to the prisoner that a transfer to a hospital or forensic

psychiatric facility is being considered in sufficient time to permit the prisoner

to prepare for the hearing;

(b) Hold a hearing at which time the prisoner is made aware of the evidence being

relied upon for the transfer and at which an opportunity to be heard in person

and to present documentary evidence is given;

(c) Provide an opportunity at the hearing to the prisoner to present testimony of

witnesses and to confront and cross-examine witnesses called by the

Department of Corrections, except upon a finding, not arbitrarily made, of

good cause for not permitting the presentation;

(d) Provide an independent decision maker who has not participated in the request

for transfer to a hospital or forensic psychiatric facility;

(e) Issue a written statement by the fact finder as to the evidence relied on and the

reasons for transferring the prisoner; and

(f) Provide effective and timely notice of all the foregoing rights.

(4) During the time of the prisoner's stay in a facility, his legal status as a prisoner shall

remain unchanged until the termination of his sentence. The facility staff shall have

no authority to parole, grant permission to visit relatives or friends outside the

facility, or discharge the individual unless otherwise agreed to by the Department of

Corrections. The time the prisoner spends in the facility shall be counted as a part of

the prisoner's sentence.