388.350 Commitment or transfer of mentally disabled person to custody of

543 words·~2 min read·/ky/388-350

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

Department of Veterans Affairs or other federal agency.

(1)Whenever in a proceeding for the trial and commitment of any person who

appears to be mentally disabled it is determined that such person is either an

individual with an intellectual disability, an epileptic, or a mentally ill person and

ought to be committed for safekeeping or treatment and it appears that such

person is eligible for care or treatment by the Veterans Affairs or other agency

of the United States government, the court of the county in which such person

is found, having jurisdiction in such matters, upon receipt of a certificate from

the Veterans Affairs or such other agency showing that facilities are available

and that such person is eligible for care or treatment therein, may commit such

person to the Veterans Affairs or other agency of the United States government

for care or treatment. Thereafter, such person, upon admission to any such

facility, shall be subject to the rules and regulations of the Veterans Affairs or

other agency of the United States government. The chief officer of any such

facility or institution to which such person is committed under the provisions of

this section shall be vested with the same powers as are exercised by

superintendents of state hospitals for mental diseases within this state with

respect to the retention, transfer, parole or discharge of the person so

committed. Notice of such pending commitment proceedings shall be furnished

the person whose commitment is sought and his right to appear and defend

shall not be denied. The judgment or order of commitment by a court of

competent jurisdiction of another state committing a person to the Veterans

Affairs or other agency of the United States government, for care or treatment,

shall have the same force and effect as to such person while in this state as in

the state in which is situated the court entering such judgment or making such

order.

(2)Upon receipt of a certificate of the Veterans Affairs or such other agency of the

United States government that facilities are available for the care or treatment

of any person heretofore committed to any hospital for the mentally ill or other

institution in this state for the care of persons similarly disabled and that such

person is eligible for such care or treatment, the superintendent of any such

hospital or institution in this state is hereby authorized to cause the transfer of

any such person to the Veterans Affairs or other agency of the United States

government for care or treatment. Upon effecting any such transfer, the

committing court shall be notified thereof by the transferring agency; provided,

however, that no person shall be transferred if he be confined pursuant to

conviction of any crime or misdemeanor, or if he shall have been acquitted of

any such charge solely on the ground of insanity, unless prior to such transfer

the court originally committing such person shall enter an order for such

transfer after appropriate motion and hearing.

(3)Any person transferred as provided in this section shall be deemed to be

committed to the Veterans Affairs or other agency of the United States

government pursuant to the original commitment the same as if he had been

originally so committed.