KRS § 210.365 — KY Code / Title XVIII / Chapter 210 / Section 210.365
210.365 Crisis intervention team (CIT) training for firefighters and law enforcement officers -- Curriculum -- Individual and aggregate reports -- Telephonic behavioral health jail triage system
Status: in_force

210.365 Crisis intervention team (CIT) training for firefighters and law

enforcement officers -- Curriculum -- Individual and aggregate reports --

Telephonic behavioral health jail triage system.

(1) As used in this section:

(a) "Commission" means the Kentucky Fire Commission;

(b) "Crisis intervention team (CIT) training" means a forty (40) hour training

curriculum based on the Memphis Police Department Crisis Intervention

Team model of best practices for law enforcement intervention with persons

who may have a mental illness, substance use disorder, an intellectual

disability, developmental disability, or dual diagnosis that meets the

requirements of subsections (2) to (5) of this section and is approved by the

commission and the Kentucky Law Enforcement Council;

(c) "Department" means the Department for Behavioral Health, Developmental

and Intellectual Disabilities;

(d) "Prisoner" has the same meaning as set out in KRS 441.005; and

(e) "Qualified mental health professional" has the same meaning as set out in

KRS 202A.011.

(2) The department shall, in collaboration with the commission, Justice and Public

Safety Cabinet, the regional community boards for mental health or individuals

with an intellectual disability, and representatives of the Kentucky statewide

affiliate of the National Alliance on Mental Illness, coordinate the development of

CIT training designed to train firefighters and law enforcement officers to:

(a) Effectively respond to persons who may have a mental illness, substance use

disorder, intellectual disability, developmental disability, or dual diagnosis;

(b) Reduce injuries to firefighters, officers, and citizens;

(c) Reduce inappropriate incarceration;

(d) Reduce liability; and

(e) Improve risk management practices for firefighter and law enforcement

agencies.

(3) The CIT training shall include but not be limited to:

(a) An introduction to crisis intervention teams;

(b) Identification and recognition of the different types of mental illnesses,

substance use disorders, intellectual disabilities, developmental disabilities,

and dual diagnoses;

(c) Interviewing and assessing a person who may have a mental illness, substance

use disorder, intellectual disability, developmental disability, or dual

diagnosis;

(d) Identification and common effects of psychotropic medications;

(e) Suicide prevention techniques;

(f) Community resources and options for treatment;

(g) Voluntary and involuntary processes for hospitalization of a person with a

mental illness, substance use disorder, intellectual disability, developmental

disability, or dual diagnosis; and

(h) Hostage or other negotiations with a person with a mental illness, intellectual

disability, substance use disorder, developmental disability, or dual diagnosis.

(4) The curriculum shall be presented by a team composed of, at a minimum:

(a) A firefighter, firefighter personnel training instructor, or a law enforcement

training instructor who has completed a forty (40) hour CIT training course

and a CIT training instructor's course which has been approved by the

commission or the Kentucky Law Enforcement Council, and at least forty

(40) hours of direct experience working with a CIT;

(b) A representative from the local community board for mental health or

individuals with an intellectual disability serving the region where CIT

training is conducted;

(c) A consumer of mental health services; and

(d) A representative of the Kentucky statewide affiliate of the National Alliance

on Mental Illness.

(5) (a) The department shall submit the CIT training curriculum and the names of

available instructors approved by the department to conduct or assist in the

delivery of CIT training to the commission or Kentucky Law Enforcement

Council no later than July 1, 2021.

(b) The commission or Kentucky Law Enforcement Council shall notify the

department of approval or disapproval of the CIT training curriculum and

trainers within thirty (30) days of submission of the curriculum and the names

of instructors.

(c) The commission or Kentucky Law Enforcement Council may waive instructor

requirements for non-firefighter trainers or non-law enforcement trainers

whose names are submitted by the department.

(d) If the curriculum or trainers are not approved, the department shall have an

opportunity to revise and resubmit the curriculum and to submit additional

names of instructors if necessary.

(6) If the curriculum is approved, the commission or Kentucky Law Enforcement

Council shall:

(a) Notify all agencies employing firefighters, as defined in KRS 61.315(1)(b), of

the availability of the CIT training;

(b) Notify the Department of Kentucky State Police and all law enforcement

agencies employing peace officers certified under KRS 15.380 to 15.404 of

the availability of the CIT training; and

(c) Notify all instructors and entities approved for firefighter or law enforcement

training under KRS 15.330 and 95A.040 of the availability of the CIT

training.

(7) Any firefighter training entity or law enforcement training entity approved by the

commission or Kentucky Law Enforcement Council may use the CIT training

model and curriculum in firefighter or law enforcement in-service training as

specified by subsection (1) of this section that is consistent with the Memphis CIT

national model for best practices.

(8) No later than one (1) year after June 26, 2021, the department shall submit to the

commission and Kentucky Law Enforcement Council a CIT training instructors'

curriculum and the names of available instructors approved by the department to

conduct or assist in the delivery of CIT training instructors' training. Additional

instructors may be submitted on a schedule determined by the commission or

Kentucky Law Enforcement Council.

(9) All CIT-trained firefighters and law enforcement officers shall report to his or her

agency on forms provided with the CIT curriculum on encounters with persons with

mental illness, substance use disorders, intellectual disabilities, developmental

disabilities, and dual diagnoses. The firefighter and law enforcement agencies shall

aggregate reports received and submit nonidentifying information to the department

on a monthly basis. Except for information pertaining to the number of firefighter

or law enforcement agencies participating in CIT training, the reports to the

department shall include the information specified in subsection (10) of this section.

(10) The department shall aggregate all reports from firefighter or law enforcement

agencies under subsection (9) of this section and submit nonidentifying statewide

information to the Justice and Public Safety Cabinet, the Criminal Justice Council,

the Cabinet for Health and Family Services, and the Interim Joint Committee on

Health Services by December 1, 2008, and annually thereafter. The report shall

include but not be limited to:

(a) The number of firefighters or law enforcement officers trained per agency;

(b) Firefighter or law enforcement responses to persons with mental illness,

substance use disorders, intellectual disabilities, developmental disabilities,

and dual diagnoses;

(c) Incidents of harm to the firefighter or law enforcement officer or to the

citizen;

(d) The number of times physical force was required and the type of physical

force used; and

(e) The outcome of the encounters that may include but not be limited to

incarceration or hospitalization.

(11) To implement the requirements of subsections (2) to (5) and (8) to (10) of this

section, the department may use public or private funds as available and may

develop a contract with a nonprofit entity that is a Kentucky statewide mental

health advocacy organization that has a minimum of five (5) years of experience in

implementation of the CIT training program in Kentucky.

(12) The Cabinet for Health and Family Services shall create a telephonic behavioral

health jail triage system to screen prisoners for mental health risk issues, including

suicide risk. The triage system shall be designed to give the facility receiving and

housing the prisoner an assessment of his or her mental health risk, with the

assessment corresponding to recommended protocols for housing, supervision, and

care which are designed to mitigate the mental health risks identified by the system.

The triage system shall consist of:

(a) A screening instrument which the personnel of a facility receiving a prisoner

shall utilize to assess inmates for mental health, suicide, intellectual

disabilities, and acquired brain injury risk factors; and

(b) A continuously available toll-free telephonic triage hotline staffed by a

qualified mental health professional which the screening personnel may

utilize if the screening instrument indicates an increased mental health risk for

the assessed prisoner.

(13) In creating and maintaining the telephonic behavioral health jail triage system, the

cabinet shall consult with:

(a) The Department of Corrections;

(b) The Kentucky Jailers Association; and

(c) The regional community services programs for mental health or individuals

with an intellectual disability created under KRS 210.370 to 210.460.

(14) The cabinet may delegate all or a portion of the operational responsibility for the

triage system to the regional community services programs for mental health or

individuals with an intellectual disability created under KRS 210.370 to 210.460 if

the regional program agrees and the cabinet remains responsible for the costs of

delegated functions.

(15) The cabinet shall design into the implemented triage system the ability to screen

and assess prisoners who communicate other than in English or who communicate

other than through voice.

(16) The cost of operating the telephonic behavioral health jail triage system shall be

borne by the cabinet.

(17) Records generated under this section shall be treated in the same manner and with

the same degree of confidentiality as other medical records of the prisoner.

(18) Unless the prisoner is provided with an attorney during the screening and

assessment, any statement made by the prisoner in the course of the screening or

assessment shall not be admissible in a criminal trial of the prisoner, unless the trial

is for a crime committed during the screening and assessment.

(19) The cabinet may, after consultation with those entities set out in subsection (13) of

this section, promulgate administrative regulations for the operation of the

telephonic behavioral health jail triage system and the establishment of its

recommended protocols for prisoner housing, supervision, and care.