202A.410 Duty of administrator to warn law enforcement agency, prosecutor, and

308 words·~1 min read·/ky/202a-410

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Department of Corrections upon discharge, transfer, or escape of involuntarily

committed patient charged or convicted of a violent crime -- Immunity for

acting in good faith -- Notification of victim -- Administrative regulations.

(1)When a patient who has been involuntarily committed to a psychiatric facility or

forensic psychiatric facility and who has been charged with or convicted of a violent

crime as defined in KRS 439.3401 is discharged or transferred from the facility, the

administrator shall notify the law enforcement agency in the county to which the

person is to be released, the prosecutor in the county where the violent crime was

committed, and the Department of Corrections.

(2)If a patient who has been involuntarily committed to a psychiatric facility or

forensic psychiatric facility and who has been charged with or convicted of a violent

crime as defined in KRS 439.3401 escapes from the facility, the administrator shall

notify the law enforcement agency in the county in which the facility is located, the

prosecutor in the county where the violent crime was committed, and the

Department of Corrections.

(3)The administrator of a psychiatric facility or forensic psychiatric facility, or the

administrator's designee, who acts in good faith in making the notifications required

in this section or is unable to provide the release information required, is immune

from any civil liability.

(4)The Department of Corrections shall notify, or contract with a private entity to

notify, victims of crime, judges, and witnesses involved in the hearing that resulted

in the involuntary commitment who have made a notification request of the

discharge or escape of a patient from a psychiatric facility or forensic psychiatric

facility.

(5)The Department of Corrections and the Cabinet for Health and Family Services

shall each promulgate administrative regulations under KRS Chapter 13A to carry

out the duties set forth in this statute.