202C.060 Involuntary commitment review hearing -- Conduct of hearing --
750 words·~3 min read·
/ky/202c-060A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Schedule for review hearings -- Participation by qualified mental health
professionals, Commonwealth's attorney, respondent, and guardian ad
litem -- Waiver of right to commitment hearing prohibited.
(a)A review hearing to determine if a respondent involuntarily committed
under this chapter should remain in a forensic psychiatric facility shall be
conducted by the court that issued the initial order according to the
provisions of subsection
(2)of this section; and
(b)If at any point during the respondent's placement at a forensic psychiatric
facility it appears that the respondent no longer meets the criteria for
involuntary commitment under KRS 202C.050 because there has been a
material change in circumstances or there is new evidence to present, the
respondent or the respondent's guardian ad litem may request a review
hearing pursuant to this section.
(2)The schedule for review hearings shall be as follows:
(a)From the initial order of commitment, a standard review hearing shall be
conducted not sooner than ninety
(90)days and not later than one
hundred twenty
(120)days;
(b)For the first two
(2)years after the initial order of commitment, standard
review hearings shall be conducted not less than one hundred eighty
(180)days and not more than two hundred ten
(210)days from the most
recent review;
(c)Beginning two
(2)years after the initial order of commitment, a standard
review hearing shall be conducted not more than three hundred sixty-five
(365)days from the most recent review hearing; and
(d)A heightened review hearing shall be conducted not more than five
years from the initial order of commitment and, thereafter, not more than
five
(5)years from the most recent heightened review hearing.
(3)Prior to each standard review hearing, the court shall cause the respondent to
be examined without unnecessary delay by two
(2)qualified mental health
professionals, at least one
(1)of whom is a physician. The qualified mental
health professionals shall, within seven
(7)days prior to the hearing, excluding
weekends and holidays, certify to the court their findings as to whether the
respondent meets the criteria for involuntarily commitment under KRS
202C.050.
(4)A standard review hearing may be conducted in an informal manner,
consistent with orderly procedures, and in a physical setting not likely to have a
harmful effect on the mental or physical health of the respondent. The hearing
may be held by the court in chambers, or remotely from a forensic psychiatric
facility, or other suitable place. The respondent shall be present in person or
remotely for all review hearings, unless presence is waived by the respondent
through counsel.
(5)The Commonwealth's attorney's office serving the county of criminal
prosecution which led to finding that the respondent was incompetent to stand
trial shall present evidence regarding whether the respondent remains
incompetent to stand trial and continues to meet the criteria for involuntary
commitment under KRS 202C.050. The respondent and the respondent's
guardian ad litem shall be afforded an opportunity to present evidence, and to
cross-examine any witnesses.
(6)The manner of proceeding and the rules of evidence shall be the same as
those in any criminal proceeding. The standard of proof shall be proof beyond
a reasonable doubt. Proceedings shall be heard by a judge without a jury,
except that a respondent shall be entitled to a jury upon request if the
respondent has not had a review hearing with a jury during the preceding
twelve
(12)months.
(7)The respondent's right to this hearing shall not be waived.
(8)At the conclusion of a standard review hearing, the court shall make written
findings of fact concerning whether the criteria for involuntary commitment
under KRS 202C.050 continue to be satisfied based upon proof beyond a
reasonable doubt. If the court finds that the criteria continue to be satisfied, the
court shall enter an order authorizing the continued care and treatment of the
respondent at the forensic psychiatric facility. Otherwise, the court shall enter
an order requiring the respondent to be discharged.
(9)During a heightened review hearing, the procedures of a standard review
hearing shall apply. Additionally, the qualified mental health professionals who
evaluated the respondent in preparation for the hearing shall be required to
give live testimony and answer questions before the court. The respondent
shall be physically present in the courtroom for the hearing. If the respondent is
unable to attend for any reason, the hearing shall be rescheduled to a time,
place, and manner in which the respondent is able to attend.