| Last Action | 02/13/26: 2nd reading, to Rules |
|---|---|
| Title | AN ACT relating to the care and treatment of individuals with mental illness. |
| Bill Documents | Introduced |
| Fiscal Impact Statements |
Local Mandate
Additional Fiscal Impact Statements Exist |
| Bill Request Number | 1030 |
| Sponsors | J. Nemes, K. Moser, 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 |
| Jump to Proposed Amendments | House Committee Substitute 1 with Fiscal Impact Statements |
| 01/23/26 |
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|---|---|
| 02/02/26 |
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| 02/12/26 |
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| 02/13/26 |
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| Amendment | House Committee Substitute 1 |
|---|---|
| Fiscal Impact Statement | Local Mandate to House Committee Substitute 1 |
| Summary | Retain original provisions, except remove the definition of "severe mental illness" and replace with "serious mental illness"; amend the definitions of "danger" and "benefit from treatment"; amend KRS 202A.028 to allow the county attorney to make a motion for the judge to review the certification of an examination by a qualified mental health professional; require that a person not be involuntarily hospitalized based solely on his or her failure to comply with court ordered conditions; create a new section of KRS Chapter 202A to allow the county attorney to make a motion for the judge to review the certification of an examination by a qualified mental health professional if the respondent is released prior to a preliminary hearing; require that a person not be involuntarily hospitalized based solely on his or her failure to comply with court ordered conditions; amend KRS 202A.051 to allow the county attorney to make a motion prior to the respondent's discharge for the court to order the respondent to participate in court ordered outpatient psychiatric treatment; require that a person not be involuntarily hospitalized based solely on his or her failure to comply with court ordered conditions; amend KRS 202A.053 to allow a court who has ordered a respondent to participate in outpatient psychiatric treatment to transfer the case back to the respondent's county of resident; allow the court to retain venue if the county attorney has filed a certification review hearing; amend KRS 202A.061 to allow the county attorney to make a motion for the judge to review the certification of an examination by a qualified mental health professional; require that a person not be involuntarily hospitalized based solely on his or her failure to comply with court ordered conditions; amend various sections to establish the membership of a multidisciplinary team created after a respondent has been ordered to community-based outpatient psychiatric treatment; remove respondents who suffer from severe mental illness from the discharge plan review hearing; remove the court's ability to renew a petition under this chapter if the court found the discharge plan did not give the respondent a realistic opportunity to avoid readmittance to a hospital; amend KRS 202A.0823 to require that a person not be involuntarily hospitalized based solely on his or her failure to comply with court ordered conditions; amend KRS 202C.020 to require the Circuit Court in the county of the criminal prosecution to retain jurisdiction over all proceedings under KRS Chapter 202C; EFFECTIVE, October 1, 2026. |
| Index Headings |
Civil Actions - Involuntary hospitalization proceedings, certification review hearing Civil Actions - Involuntary hospitalization proceedings, hearings, prior to discharge Civil Procedure - Involuntary hospitalization proceedings, certification review hearing Civil Procedure - Involuntary hospitalization proceedings, hearings, prior to discharge Courts - 202C proceedings, venue, court of criminal prosecution Courts - Involuntary hospitalization proceedings, certification review hearing Courts, Circuit - 202C proceedings, venue, court of criminal prosecution Effective Dates, Delayed - Involuntary hospitalization proceedings, hearings Health And Medical Services - Involuntary hospitalization proceedings, certification review hearing Health And Medical Services - Involuntary hospitalization proceedings, hearings, prior to discharge Mental Health - Involuntary hospitalization proceedings, certification review hearing Mental Health - Involuntary hospitalization proceedings, hearings, prior to discharge Local Mandate - Involuntary hospitalization proceedings, certification review hearing |
Last updated: 2/13/2026 4:10 PM (EST)