202A.081 Court-ordered community-based outpatient treatment. - Kentucky Statutes

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Page 1 of 1 202A.081 Court-ordered community-based outpatient treatment. (1) Following the preliminary hearing but prior to the completion of the final hearing, the court may order the person held in a hospital approved by the cabinet for such
purpose for the committing judicial district, or released, upon application and
agreement of the parties, for the purpose of community-based outpatient treatment.
No person held under this section shall be held in jail unless criminal charges are
also pending. (2) A hospital shall discharge a patient there held and notify the court and attorneys of record if any authorized staff physician determines that the patient no longer meets
the criteria for involuntary hospitalization. (3) If a patient is discharged by the hospital pursuant to subsection (2) of this section, then the proceedings against the patient shall be dismissed. (4) The release of the person pursuant to subsection (1) of this section for the purpose of community-based outpatient treatment does not terminate the proceedings against
the person, and the court ordering such release may order the immediate holding of
the person at any time with or without notice if the court believes from an affidavit
filed with the court that it is to the best interest of the person or others that the
person be held pending the final hearing, which shall be held within twenty-one
(21) days of the person's further holding. (5) If the person is released pursuant to subsection (1) of this section for the purpose of community-based outpatient treatment, the final hearing may be continued for a
period not to exceed sixty (60) days if a provider of outpatient care accepts the
respondent for specified outpatient treatment. Community-based outpatient
treatment may be ordered for an additional period not to exceed sixty (60) days
upon application and agreement of the parties. Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 6, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 8, effective July 15, 1988. -- Created 1982 Ky. Acts
ch. 445, sec. 10, 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.