202A.041 Warrantless arrest and subsequent proceedings. - Kentucky Statutes

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Page 1 of 1 202A.041 Warrantless arrest and subsequent proceedings. (1) Any peace officer who has reasonable grounds to believe that an individual is mentally ill and presents a danger or threat of danger to self, family, or others if not
restrained shall take the individual into custody and transport the individual without
unnecessary delay to a hospital or psychiatric facility designated by the cabinet for
the purpose of an evaluation to be conducted by a qualified mental health
professional. Upon transport of the person to the hospital or psychiatric facility, the
peace officer shall provide written documentation which describes the behavior of
the person which caused the peace officer to take the person into custody. If, after
evaluation, the qualified mental health professional finds that the person does not
meet the criteria for involuntary hospitalization, the person shall be released
immediately and transported back to the person's home county by an appropriate
means of transportation as provided in KRS 202A.101. If, after evaluation, the
qualified mental health professional finds that the person meets the criteria for
involuntary hospitalization, appropriate proceedings under this chapter shall be
initiated. The person may be held pending certification by a qualified mental health
professional and implementation of procedures as provided in KRS 202A.028,
202A.031, or 202A.051 for a period not to exceed eighteen (18) hours. (2) If, after the evaluation, the qualified mental health professional finds that the person does not meet the criteria for involuntary hospitalization and the peace officer has
probable cause to believe that the person has committed a criminal offense, the
peace officer may swear out a warrant and take the arrested person without
unnecessary delay before a judge. Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 3, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 4, effective July 15, 1988. -- Created 1982 Ky. Acts
ch. 445, sec. 6, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This
Act shall become effective on July 1, 1982," The Ky. Constitution, in Section 55,
requires that a reason be set forth for the emergency. However, no reason is set forth
in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.