202A.041 Warrantless arrest and subsequent proceedings.

377 words·~2 min read·/ky/chapter-202a/202a-041

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

(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 may 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 contract mental health evaluator.

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 contract mental health evaluator 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 contract

mental health evaluator 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 contract mental health evaluator 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)When a peace officer has custody of an individual at a post, sheriff's office, or

police department pursuant to this section, and is required to maintain custody of

the individual for more than three

(3)hours after requesting evaluation by a contract

mental health evaluator designated by the cabinet to conduct evaluations prior to

admission to a hospital or psychiatric facility, state compensation shall be reduced

by five percent (5%) for every ten

(10)minutes the sheriff or other peace officer

with custody over the person is required to remain with the person after first delay

of contact as documented by the sheriff or other peace officer.

(3)If, after the evaluation, the contract mental health evaluator 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.