26RS HB 485

House Bill 485

Actions

Last Action	01/23/26: to Committee on Committees (H)
Title	AN ACT relating to the care and treatment of individuals with mental illness.
Bill Documents	Introduced
Fiscal Impact Statement	Local Mandate
Bill Request Number	1030
Sponsors	J. Nemes, J. Hodgson
Summary of Original Version	Amend KRS 202A.011 to define "benefit from treatment," "individual with a mental illness," and "severe mental illness"; remove "mentally ill person" and redefine "danger"; amend KRS 202A.028 to allow the Commonwealth to file an emergency motion to be heard within 48 hours regarding the hospitalization of an individual with a mental illness who has been found by a qualified mental health professional to not meet the criteria for involuntary hospitalization; amend KRS 202A.051 to allow a court to order a respondent to participate in outpatient psychiatric treatment; allow a court to require a hospital to notify the court and the Commonwealth if the hospital releases a person who is hospitalized; allow a court to order a person released from hospitalization to participate in outpatient psychiatric treatment; require that any petition filed under this section to expire in 30 days if it has not been served on the respondent; amend KRS 202A.061 to allow the Commonwealth to file an emergency motion to be heard within 48 hours regarding the hospitalization of an individual with a mental illness who has been found by a qualified mental health professional to not meet the criteria for involuntary hospitalization; create new sections of KRS Chapter 202A to require the court to appoint an outpatient provider for every person who is ordered to community-based outpatient treatment; require a multidisciplinary team to regularly monitor a person's adherence to community-based outpatient treatment; allow a court or an authorized staff physician to order a 72 hour emergency admission to a hospital for every person who fails to comply with an order for community-based outpatient treatment; require the court to conduct a review hearing no later than 72 hours prior to the expiration or request for early release by a hospital of a period of involuntary hospitalization for individuals who have been diagnosed with a severe mental illness and within the past 12 months been involuntarily committed to a hospital setting or have been found incompetent to stand trial within the past 12 months; amend KRS 202A.0819 to allow a court to order a person who is receiving assisted outpatient treatment to comply with any other reasonable conditions; amend KRS 202A.0823 to allow a court to determine if a person should be ordered to receive specific care in line with his or her treatment plan; amend KRS 202A.091 to allow a petitioner who qualifies as a responsible party under KRS 311.631 to participate in an involuntary hospitalization proceeding and receive the respondent's discharge plan; amend KRS 202A.101 to allow a person to be transported to a hospital without a copy of the petition for involuntary hospitalization when a court orders it under KRS 202A.028 and 202A.061; amend KRS 202C.010 to amend the definition of "evidentiary hearing"; amend "individual with a mental illness" and remove "mentally ill person"; amend KRS 202C.020 to establish the duties and pay for the guardian ad litem in a 202C proceeding; amend KRS 202C.030 to extend the date of the evidentiary hearing from 20 to 45 days, unless the court orders a later hearing date for good cause shown; prohibit the respondent from using the insanity defense; amend KRS 202C.040 to extend the date of the commitment hearing from 20 to 45 days, unless the court orders a later hearing date for good cause shown; establish the duties of the guardian ad litem; amend KRS 202C.050 to remove criteria to be committed under this chapter; amend KRS 202C.060 to provide that after the initial standard review hearing, subsequent review hearings shall occur once every 2 years unless a material change has occurred; require competency evaluations to be conducted at least once every 2 years; amend KRS 202C.130 to include notice of motions filed by forensic psychiatric facilities to the Commonwealth and all other parties of record; amend various sections to conform; repeal KRS 202A.081, relating to court-ordered community-based outpatient treatment.
Index Headings of Original Version	Attorney, Commonwealth's - 202C proceedings, extended time between hearings Attorney, County - Involuntary hospitalization proceedings, emergency petitions Attorney, County - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Attorneys - Guardian ad litem, 202C proceedings, duties and pay Civil Actions - 202C proceedings, extended time between hearings Civil Actions - Involuntary hospitalization proceedings, emergency petitions Civil Actions - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Civil Procedure - 202C proceedings, extended time between hearings Civil Procedure - Involuntary hospitalization proceedings, emergency petitions Civil Procedure - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Courts - 202C proceedings, extended time between hearings Courts - Involuntary hospitalization proceedings, emergency petitions Courts - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Health And Medical Services - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Hospitals And Health Facilities - Involuntary hospitalization proceedings, emergency petitions Hospitals And Health Facilities - Involuntary hospitalization proceedings, individuals with mental illness, outpatient treatment Mental Health - Individuals with mental illness, involuntary hospitalization proceedings, outpatient treatment Mental Health - Involuntary hospitalization proceedings, emergency petitions Local Mandate - Involuntary hospitalization proceedings, 202C, individuals with mental illness