Kentucky 2026 Regular Session Status: Enacted Bipartisan · 2 R · 1 D cosponsors

SB 122 — AN ACT relating to judicial proceedings.

Last action — signed by Governor (Acts Ch. 92)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 23, 2026. Enacted.

Signed by Governor Andy Beshear (Democratic) on April 10, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 92% · high confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Create a new section of KRS Chapter 533 to define terms; require the court, upon conviction of the defendant, to consider the defendant's status as a caretaker of a dependent child; provide that a court's determination of a defendant's status as a caretaker of a dependent child shall not be admissible as evidence or be determinative in any subsequent proceeding; provide that the defendant shall have the right to present an alternative sentencing plan and a family impact statement to the court; provide that in issuing an alternative sentence, the court may require the defendant to participate in programs and services that support the parent-child relationship; provide that the court may modify or revoke the alternative sentence and commit the defendant to an institution if the defendant fails to adhere to or complete the conditions of an alternative sentence; amend KRS 610.340 to provide that a court determining whether to impose an alternative sentence for a defendant who is a caretaker of a dependent child has access to court records under KRS Chapters 600 to 645; provide that the Act may be cited as the Family Preservation and Accountability Act.

Bill Text

What changed in the latest version

1903 added · 2601 removed

Plain-language change summary

The recent amendments to SB 122 emphasize the importance of maintaining family relationships, particularly between parents and children, during judicial proceedings. The bill now highlights that parental incarceration can negatively impact children's well-being and recognizes the need for alternative sentencing options—like probation or treatment programs—before imposing imprisonment. This change matters because it aims to protect children's mental health and help parents avoid the harsh consequences of incarceration, ultimately promoting healthier family dynamics and reducing the risk of a cycle of crime.

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UNOFFICIAL COPY 26 RS SB 122/EN AN ACT relating to judicial proceedings.
CHAPTER 92 1 CHAPTER 92 ( SB 122 ) AN ACT relating to judicial proceedings.
Unless the defendant is a violent felon as defined in KRS 439.3401 or a statute prohibits probation, shock probation, or conditional discharge, after due Page 1 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN consideration of the defendant's risk and needs assessment, nature and circumstances of the crime, and the history, character, and condition of the defendant, including whether the defendant is a caretaker, probation or conditional discharge shall be granted, unless the court is of the opinion that imprisonment is necessary for protection of the public because:
Unless the defendant is a violent felon as defined in KRS 439.3401 or a statute prohibits probation, shock probation, or conditional discharge, after due consideration of the defendant's risk and needs assessment, nature and circumstances of the crime, and the history, character, and condition of the defendant, including whether the defendant is a caretaker, probation or conditional discharge shall be granted, unless the court is of the opinion that imprisonment is necessary for protection of the public because:
(4) The court shall not determine that there is a likelihood that the defendant will commit a Class C or Class D felony based upon the defendant's risk and needs Page 2 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN assessment and the fact that:
(4) The court shall not determine that there is a likelihood that the defendant will commit a Class C or Class D felony based upon the defendant's risk and needs assessment and the fact that:
(b) If convicted of, having pled guilty to, or having entered an Alford plea to a felony offense, the defendant successfully completed probation more than ten (10) years immediately prior to the date of the commission of the felony for which the defendant is now being sentenced and has had no intervening convictions, pleas of guilty, or Alford pleas to any criminal offense during that period;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) If convicted of, having pled guilty to, or having entered an Alford plea to a felony offense, the defendant successfully completed probation more than ten (10) years immediately prior to the date of the commission of the felony for which the defendant is now being sentenced and has had no intervening convictions, pleas of guilty, or Alford pleas to any criminal offense during that period;
(7) Upon initial sentencing of a defendant or upon modification or revocation of probation, when the court deems it in the best interest of the public and the Page 3 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN defendant, the court may order probation with the defendant to serve one (1) of the following alternative sentences:
(7) Upon initial sentencing of a defendant or upon modification or revocation of probation, when the court deems it in the best interest of the public and the defendant, the court may order probation with the defendant to serve one (1) of the following alternative sentences:
and Page 4 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN 12.
and 12.
(9)[(8)] In addition to those conditions that the court may impose, the conditions of alternative sentence shall include the following and, if the court determines that the defendant cannot comply with them, then they shall not be made available:
CHAPTER 92 3 (9)[(8)] In addition to those conditions that the court may impose, the conditions of alternative sentence shall include the following and, if the court determines that the defendant cannot comply with them, then they shall not be made available:
Page 5 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (c) A defendant sentenced to jail with community service shall:
(c) A defendant sentenced to jail with community service shall:
Page 6 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (13)[(12)] When the court deems it in the best interest of the defendant and the public, the court may order the defendant to placement for probation monitoring by a private agency.
(13)[(12)] When the court deems it in the best interest of the defendant and the public, the court may order the defendant to placement for probation monitoring by a private agency.
(14)[(13)] The jailer in each county incarcerating Class C or D felons may deny work release privileges to any defendant for violating standards of discipline or other jail regulations.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (14)[(13)] The jailer in each county incarcerating Class C or D felons may deny work release privileges to any defendant for violating standards of discipline or other jail regulations.
and Page 7 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (b) Removal would be solely for purposes of improving the relationship between the child and the offending party;
and (b) Removal would be solely for purposes of improving the relationship between the child and the offending party;
Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is Page 8 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN in the best interests[interest] of the child.
Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interests[interest] of the child.
and (b) Make written findings on the record as to the impact, if any, of the allegations described in paragraph (a) of this subsection on the child.
and CHAPTER 92 5 (b) Make written findings on the record as to the impact, if any, of the allegations described in paragraph (a) of this subsection on the child.
(e) The child's adjustment and continuing proximity to his or her home, school, Page 9 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN and community;
(e) The child's adjustment and continuing proximity to his or her home, school, and community;
(j)[(i)] The intent of the parent or parents in placing the child with a de facto custodian;
(j)[(i)]The intent of the parent or parents in placing the child with a de facto custodian;
and (l)[(k)] The likelihood a party will allow the child frequent, meaningful, and continuing contact with the other parent or de facto custodian, except that the court shall not consider this likelihood if there is a finding that the other parent or de facto custodian engaged in domestic violence and abuse, as defined in KRS 403.720, against the party or a child and that a continuing Page 10 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN relationship with the other parent will endanger the health or safety of either that party or the child.
and (l)[(k)] The likelihood a party will allow the child frequent, meaningful, and continuing contact with the other parent or de facto custodian, except that the court shall not consider this likelihood if there is a finding that the other parent or de facto custodian engaged in domestic violence and abuse, as defined in KRS 403.720, against the party or a child and that a continuing relationship with the other parent will endanger the health or safety of either that party or the child.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
and Page 11 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN 7.
and 7.
A batterer's intervention program provided by a certified Page 12 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN provider pursuant to 920 KAR 5:020;
A batterer's intervention program provided by a certified provider pursuant to 920 KAR 5:020;
(b) The guardian ad litem shall be paid a fee fixed by the court not to exceed five hundred dollars ($500), which shall be paid by the Finance and Administration Cabinet.
CHAPTER 92 7 (b) The guardian ad litem shall be paid a fee fixed by the court not to exceed five hundred dollars ($500), which shall be paid by the Finance and Administration Cabinet.
(a) Shall be permitted to attend the evidentiary hearing to offer advocacy services pursuant to KRS 421.575 to the minor petitioner or the adult who Page 13 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN has filed the petition on behalf of the minor;
(a) Shall be permitted to attend the evidentiary hearing to offer advocacy services pursuant to KRS 421.575 to the minor petitioner or the adult who has filed the petition on behalf of the minor;
Page 14 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN and (b) Conform to the confidentiality provisions under KRS 610.340.
and (b) Conform to the confidentiality provisions under KRS 610.340.
(5)[(4)] Nothing in subsection (4)[(3)] of this section shall preclude the Commonwealth from proceeding, or the petitioner from pursuing charges, against Page 15 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN the minor respondent for offenses other than a violation of an order of protection.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5)[(4)] Nothing in subsection (4)[(3)] of this section shall preclude the Commonwealth from proceeding, or the petitioner from pursuing charges, against the minor respondent for offenses other than a violation of an order of protection.
(a) Presents a substantial risk of serious physical harm to[or threat of substantial Page 16 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN physical harm upon] self, family, or others as evidenced by recent behavior, threats, or conduct demonstrating such risk;[,] (b) Has attempted or threatened suicide or has expressed suicidal ideations and there is a reasonable probability of serious self-harm unless prompt and adequate treatment is provided;
(a) Presents a substantial risk of serious physical harm to[or threat of substantial physical harm upon] self, family, or others as evidenced by recent behavior, threats, or conduct demonstrating such risk;[,] (b) Has attempted or threatened suicide or has expressed suicidal ideations and there is a reasonable probability of serious self-harm unless prompt and adequate treatment is provided;
Page 17 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the cabinet[Kentucky Cabinet for Health and Family Services] as equipped to provide full-time residential care and treatment for [mentally ill persons or ]individuals with an intellectual disability or mental illness;
(a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the cabinet[Kentucky Cabinet for Health and Family Services] as CHAPTER 92 9 equipped to provide full-time residential care and treatment for [mentally ill persons or ]individuals with an intellectual disability or mental illness;
Page 18 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (12)[(11)] "Petitioner" means a person who institutes a proceeding under this chapter;
(12)[(11)] "Petitioner" means a person who institutes a proceeding under this chapter;
Page 19 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (e) A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS 335.080 with three (3) years of inpatient or outpatient clinical experience in psychiatric social work and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability;
(e) A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS 335.080 with three (3) years of inpatient or outpatient clinical experience in psychiatric social work and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability;
(f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a private agency or company engaged in providing mental health services, or a regional community program for mental health and individuals with an intellectual disability;
(f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY general hospital, a private agency or company engaged in providing mental health services, or a regional community program for mental health and individuals with an intellectual disability;
Has completed at least one thousand (1,000) hours of clinical experience Page 20 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN under a supervising physician, as defined by KRS 311.840, who is a psychiatrist and is certified or eligible for certification by the American Board of Psychiatry and Neurology, Inc.;
Has completed at least one thousand (1,000) hours of clinical experience under a supervising physician, as defined by KRS 311.840, who is a psychiatrist and is certified or eligible for certification by the American Board of Psychiatry and Neurology, Inc.;
Page 21 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (15)[(14)] "Residence" means legal residence as determined by applicable principles governing conflicts of law;
(15)[(14)] "Residence" means legal residence as determined by applicable principles governing conflicts of law;
(1) Prior to completion of an examination by a qualified mental health professional under this section, the professional shall make a good-faith attempt to contact the petitioner to obtain any additional relevant information necessary to the petition.
CHAPTER 92 11 (1) Prior to completion of an examination by a qualified mental health professional under this section, the professional shall make a good-faith attempt to contact the petitioner to obtain any additional relevant information necessary to the petition.
(b) If the review indicates that the person presents an imminent threat of danger to self, family, or others, the court shall order the qualified mental Page 22 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN health professional to immediately notify the court if the professional has certified that the person:
(b) If the review indicates that the person presents an imminent threat of danger to self, family, or others, the court shall order the qualified mental health professional to immediately notify the court if the professional has certified that the person:
of this paragraph, the court may accept the certification under paragraph (b) of this subsection in lieu Page 23 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN of testimony upon agreement of all parties and stipulation of the person that he or she meets the criteria for involuntary hospitalization under Section 34 of this Act, provided that outpatient treatment is determined to be the least restrictive mode of treatment.
of this paragraph, the court may accept the certification under paragraph (b) of this subsection in lieu of testimony upon agreement of all parties and stipulation of the person that he or she meets the criteria for involuntary hospitalization under Section 34 of this Act, provided that outpatient treatment is determined to be the least restrictive mode of treatment.
(e) Upon conclusion of the certification review hearing, if the court finds by clear and convincing evidence that the person is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court- ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court may order the person to:
(e) Upon conclusion of the certification review hearing, if the court finds by clear and convincing evidence that the person is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court- ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court may order the person to:
(b) If a new petition for involuntary hospitalization is filed within twelve (12) months of an order for community-based outpatient treatment or release with conditions under subsection (2)(e) of this section, the clerk of the court Page 24 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN shall provide the prior order to:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) If a new petition for involuntary hospitalization is filed within twelve (12) months of an order for community-based outpatient treatment or release with conditions under subsection (2)(e) of this section, the clerk of the court shall provide the prior order to:
of this subsection shall independently evaluate the person, considering the person's prior order for community- based outpatient treatment or release with conditions, and certify whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act.
of this subsection shall independently evaluate the person, considering the person's prior order for community-based outpatient treatment or release with conditions, and certify whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act.
(5)[(2)] Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours, excluding weekends and holidays, unless further held under the applicable provisions of this Page 25 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN chapter.
(5)[(2)] Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours, excluding weekends and holidays, unless further held under the applicable provisions of this chapter.
Page 26 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN SECTION 10.
SECTION 10.
(b) If the review indicates that the respondent presents an imminent threat of danger to self, family, or others, the court shall order the qualified mental health professional to immediately notify the court if the professional has certified that the respondent:
CHAPTER 92 13 (b) If the review indicates that the respondent presents an imminent threat of danger to self, family, or others, the court shall order the qualified mental health professional to immediately notify the court if the professional has certified that the respondent:
or Page 27 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN 3.
or 3.
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(e) Upon conclusion of the certification review hearing, if the court finds by clear and convincing evidence that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with reasonable conditions, and for whom court-ordered outpatient treatment or release with reasonable conditions is the least restrictive alternative mode of treatment available, the court may order the respondent to:
(e) Upon conclusion of the certification review hearing, if the court finds by clear and convincing evidence that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with reasonable conditions, and for whom court- ordered outpatient treatment or release with reasonable conditions is the least restrictive alternative mode of treatment available, the court may order the respondent to:
Be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance to a hospital Page 28 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN setting.
Be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance to a hospital setting.
of this subsection shall independently evaluate the respondent, considering the respondent's prior order for community-based outpatient treatment or release with conditions, and certify whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act.
of this subsection shall independently evaluate the respondent, considering the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY respondent's prior order for community-based outpatient treatment or release with conditions, and certify whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act.
Page 29 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (2) The petition and all subsequent court documents shall be entitled:
(2) The petition and all subsequent court documents shall be entitled:
(f) Petitioner's belief, including the factual basis therefor, that the respondent is an individual with a mental illness[mentally ill] and presents a danger or threat of danger to self, family or others if not restrained;[ and] (g) If the petition seeks a three hundred sixty (360) day involuntary hospitalization of the respondent, the petition shall further set forth that the respondent has been hospitalized in a hospital or a forensic psychiatric facility for a period of thirty (30) days under the provisions of this chapter or KRS Chapter 504 within the preceding six (6) months;
(f) Petitioner's belief, including the factual basis therefor, that the respondent is an individual with a mental illness[mentally ill] and presents a danger or threat of danger to self, family or others if not restrained;[ and] (g) If the petition seeks a three hundred sixty (360) day involuntary hospitalization of the respondent, the petition shall further set forth that the respondent has been hospitalized in a hospital or a forensic psychiatric facility for a period of thirty (30) days under the provisions of this chapter or KRS Chapter within the preceding six (6) months;
(5) If the petition seeks a sixty (60) day involuntary hospitalization of the respondent, Page 30 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN the county attorney may motion the court to amend the petition to seek up to a three hundred sixty (360) day involuntary hospitalization of the individual if the respondent has been hospitalized in a hospital or a forensic psychiatric facility for a period of thirty (30) days under the provisions of this chapter or KRS Chapter 504 within the preceding six (6) months.
(5) If the petition seeks a sixty (60) day involuntary hospitalization of the respondent, the county attorney may motion the court to amend the petition to seek up to a three hundred sixty (360) day involuntary hospitalization of the individual if the respondent has been hospitalized in a hospital or a forensic psychiatric facility for a period of thirty (30) days under the provisions of this chapter or KRS Chapter 504 within the preceding six (6) months.
(b) Notify the respondent, the legal guardian, if any, and if known, and the Page 31 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN spouse, parents, or nearest relative or friend of the respondent concerning the allegations and contents of the petition and the date and purpose of the preliminary hearing;
CHAPTER 92 15 (b) Notify the respondent, the legal guardian, if any, and if known, and the spouse, parents, or nearest relative or friend of the respondent concerning the allegations and contents of the petition and the date and purpose of the preliminary hearing;
A summons so issued shall be directed to the respondent, shall command the respondent to appear at a time and place [therein ]specified in the summons where the respondent shall be [there ]examined by two (2) Page 32 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN qualified mental health professionals, at least one (1) of whom is a physician, and shall command the respondent's appearance at the preliminary hearing.
A summons so issued shall be directed to the respondent, shall command the respondent to appear at a time and place [therein ]specified in the summons where the respondent shall be [there ]examined by two (2) qualified mental health professionals, at least one (1) of whom is a physician, and shall command the respondent's appearance at the preliminary hearing.
If the hospital plans to discharge the respondent prior to the final hearing under subsection (11) of this section, the court shall require the hospital to provide a copy of the respondent's discharge plan no later than seventy-two (72) hours prior to the respondent's discharge.
If the hospital plans to discharge the respondent prior to the final hearing under subsection (11) of this section, the court shall require the hospital to provide a copy of the respondent's discharge plan no later than seventy- two (72) hours prior to the respondent's discharge.
The court shall Page 33 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN conduct the discharge review hearing at the earliest practicable time, consistent with due process and the availability of counsel, and in no event later than seven (7) days after the motion is made, except with the respondent's consent or upon the court's finding that extraordinary circumstances exist and that delay is indispensable to protect the respondent and the community.
The court shall conduct the discharge review hearing at the earliest practicable time, consistent with due process and the availability of counsel, and in no event later than seven (7) days after the motion is made, except with the respondent's consent or upon the court's finding that extraordinary circumstances exist and that delay is indispensable to protect the respondent and the community.
of this subparagraph, if the court finds that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court shall order:
of this subparagraph, if the court finds that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court shall order:
For any other respondent who may benefit from outpatient treatment, a qualified mental health professional to develop a treatment plan within forty-eight (48) hours, the respondent to receive community-based outpatient treatment that shall not exceed three hundred sixty (360) Page 34 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN days, and the respondent to comply with any other reasonable conditions necessary to ensure compliance;
For any other respondent who may benefit from outpatient treatment, a qualified mental health professional to develop a treatment plan within forty-eight (48) hours, the respondent to receive community-based outpatient treatment that shall not exceed three hundred sixty (360) days, and the respondent to comply with any other reasonable conditions necessary to ensure compliance;
That a treatment plan be developed in accordance with KRS 202A.0817 within forty-eight (48) hours;
That a treatment plan be developed in accordance with KRS 202A.0817 within forty- eight (48) hours;
The respondent to be released with any reasonable conditions Page 35 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN necessary to ensure the safety of self, family, or others and avoid readmittance into a hospital setting;
The respondent to be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance into a hospital setting;
(a) The respondent should be involuntarily hospitalized:[,] 1.
CHAPTER 92 17 (a) The respondent should be involuntarily hospitalized:[,] 1.
If the hospital plans to discharge the respondent prior Page 36 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN to the expiration of an order under this subsection, the court shall require the hospital to provide a copy of the respondent's discharge plan no later than seventy-two (72) hours prior to the respondent's discharge.
If the hospital plans to discharge the respondent prior to the expiration of an order under this subsection, the court shall require the hospital to provide a copy of the respondent's discharge plan no later than seventy-two (72) hours prior to the respondent's discharge.
If the respondent within the past twelve (12) months has been found incompetent to stand trial in a criminal proceeding and has not been committed under KRS Chapter 202C, the county attorney may make a motion to proceed under Section 16 of this Act.
If the respondent within the past twelve (12) months has been found incompetent to stand trial in a criminal proceeding and has not been committed under KRS Chapter 202C, the county attorney may make a motion to proceed under Section of this Act.
of this subparagraph, if the court finds that the respondent is an individual with a mental illness, who presents a danger or threat of danger to self, family, or others as a result of Page 37 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN the mental illness, who may reasonably benefit from court- ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court shall order:
of this subparagraph, if the court finds that the respondent is an individual with a mental illness, who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court shall order:
(b) The respondent should not be involuntarily hospitalized but that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least Page 38 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN restrictive alternative mode of treatment available, the court shall order:
(b) The respondent should not be involuntarily hospitalized but that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY reasonable conditions is the least restrictive alternative mode of treatment available, the court shall order:
That a treatment plan be developed in accordance with KRS 202A.0817 within forty-eight (48) hours;
That a treatment plan be developed in accordance with KRS 202A.0817 within forty- eight (48) hours;
Page 39 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN the proceedings against the respondent shall be dismissed, and the respondent shall be released from any hospitalization.
the proceedings against the respondent shall be dismissed, and the respondent shall be released from any hospitalization.
Page 40 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (1) (a) Except as provided in paragraph (b) of this subsection, a respondent who has been ordered involuntarily hospitalized following the preliminary hearing shall have venue for all subsequent proceedings, including the final hearing, transferred to the court of the county where the respondent is hospitalized.
CHAPTER 92 19 (1) (a) Except as provided in paragraph (b) of this subsection, a respondent who has been ordered involuntarily hospitalized following the preliminary hearing shall have venue for all subsequent proceedings, including the final hearing, transferred to the court of the county where the respondent is hospitalized.
Page 41 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN 2.
2.
Page 42 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (e) Upon conclusion of the certification review hearing, if the court finds by clear and convincing evidence that the person is an individual with a mental illness, who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court- ordered outpatient treatment or release with reasonable conditions, and for whom court-ordered outpatient treatment or release with reasonable conditions is the least restrictive alternative mode of treatment available, the court may order the person to:
(e) Upon conclusion of the certification review hearing, if the court finds by clear and convincing evidence that the person is an individual with a mental illness, who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with reasonable conditions, and for whom court- Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY ordered outpatient treatment or release with reasonable conditions is the least restrictive alternative mode of treatment available, the court may order the person to:
(c) The qualified mental health professional who conducts the examination as Page 43 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN described under paragraph (b)2.
(c) The qualified mental health professional who conducts the examination as described under paragraph (b)2.
of this subsection shall independently evaluate the person, considering the person's prior order for community- based outpatient treatment or release with conditions, and certify whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act.
of this subsection shall independently evaluate the person, considering the person's prior order for community-based outpatient treatment or release with conditions, and certify whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act.
Page 44 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN 1.
1.
or g.
or CHAPTER 92 21 g.
Page 45 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (2) (a) Failure to comply with an order for community-based outpatient treatment shall not be grounds to find the person in contempt of court but shall be prima facie evidence that:
(2) (a) Failure to comply with an order for community-based outpatient treatment shall not be grounds to find the person in contempt of court but shall be prima facie evidence that:
of this subsection shall independently evaluate the person, considering the person's prior order for community- based outpatient treatment, and certify whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act.
of this subsection shall independently evaluate the person, considering the person's prior order for community-based outpatient treatment, and certify whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act.
Page 46 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (c) The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A.
(c) The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
At the earliest practicable time, consistent with due process and the availability of counsel, and in no event later than seven (7) days after the motion is made, except with the respondent's consent or upon the Page 47 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN court's finding that extraordinary circumstances exist and that delay is indispensable to protect the respondent and the community.
At the earliest practicable time, consistent with due process and the availability of counsel, and in no event later than seven (7) days after the motion is made, except with the respondent's consent or upon the court's finding that extraordinary circumstances exist and that delay is indispensable to protect the respondent and the community.
Page 48 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (a) That housing and other services were offered and explained;
(a) That housing and other services were offered and explained;
(4) If the court finds by clear and convincing evidence that the discharge plan does not give the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment, then the respondent shall not be discharged and the court shall order the hospital to submit within seventy-two (72) hours a revised discharge plan that gives the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment.
(4) If the court finds by clear and convincing evidence that the discharge plan does not give the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment, then the respondent shall not be discharged and the court shall order the hospital to submit within seventy- two (72) hours a revised discharge plan that gives the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment.
The respondent continues to meet the criteria for involuntary Page 49 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN commitment under Section 34 of this Act;
The respondent continues to meet the criteria for involuntary commitment under Section 34 of this Act;
and b.
and CHAPTER 92 23 b.
of this paragraph, the court shall discharge the respondent to comply with the discharge plan unless the court finds that the respondent is an individual with a mental illness, who presents a danger or threat of Page 50 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, in which case the court shall discharge the respondent and may order:
of this paragraph, the court shall discharge the respondent to comply with the discharge plan unless the court finds that the respondent is an individual with a mental illness, who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, in which case the court shall discharge the respondent and may order:
A qualified mental health professional to develop a treatment plan within forty-eight (48) hours;
A qualified mental health professional to develop a treatment plan within forty- eight (48) hours;
(6) The Commonwealth, respondent, or hospital where the respondent is being hospitalized may make a motion for an additional review hearing if a material change in circumstances has occurred and the respondent no longer meets the Page 51 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN criteria for involuntary hospitalization under Section 34 of this Act.
(6) The Commonwealth, respondent, or hospital where the respondent is being hospitalized may make a motion for an additional review hearing if a material change in circumstances has occurred and the respondent no longer meets the criteria for involuntary hospitalization under Section 34 of this Act.
(7) (a) Any respondent being hospitalized under this section shall be transferred to an inpatient psychiatric hospital owned by the Commonwealth upon request of the hospital or psychiatric facility where the respondent is being held.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) (a) Any respondent being hospitalized under this section shall be transferred to an inpatient psychiatric hospital owned by the Commonwealth upon request of the hospital or psychiatric facility where the respondent is being held.
Page 52 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN 6.
6.
Page 53 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (1) In any proceeding under this chapter, if the respondent agrees:
(1) In any proceeding under this chapter, if the respondent agrees:
and upon agreement of the court, county attorney, respondent, respondent's counsel, and qualified mental health professional, the court may enter a consent order for the respondent to receive court-ordered assisted outpatient treatment or community-based outpatient treatment and order other reasonable conditions.
and CHAPTER 92 25 upon agreement of the court, county attorney, respondent, respondent's counsel, and qualified mental health professional, the court may enter a consent order for the respondent to receive court-ordered assisted outpatient treatment or community-based outpatient treatment and order other reasonable conditions.
Page 54 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN county attorney;
county attorney;
(c) Petitioner's belief, including the factual basis therefor, that the respondent meets the criteria for court-ordered assisted outpatient treatment as set forth in KRS 202A.0817;
(c) Petitioner's belief, including the factual basis therefor, that the respondent meets the criteria for court- ordered assisted outpatient treatment as set forth in KRS 202A.0817;
and (d) Whether, within five (5) days prior to the filing of the petition, the respondent has been evaluated by a qualified mental health professional to determine whether the respondent meets the criteria for court-ordered assisted outpatient treatment pursuant to KRS 202A.0815.
and (d) Whether, within five (5) days prior to the filing of the petition, the respondent has been evaluated by a qualified mental health professional to determine whether the respondent meets the criteria for court- ordered assisted outpatient treatment pursuant to KRS 202A.0815.
The qualified mental health professional shall certify his or her findings to the court within seventy-two (72) hours from receipt of the order, Page 55 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN excluding weekends and holidays;
The qualified mental health professional shall certify his or her findings to the court within seventy-two (72) hours from receipt of the order, excluding weekends and holidays;
(1) Is diagnosed with a serious mental illness;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) Is diagnosed with a serious mental illness;
Page 56 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (1) At a hearing and at all stages of a proceeding for court-ordered assisted outpatient treatment, the respondent shall be:
(1) At a hearing and at all stages of a proceeding for court-ordered assisted outpatient treatment, the respondent shall be:
(5) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the respondent meets the criteria stated in KRS 202A.0815, the court may order the respondent to receive assisted outpatient treatment for a period of Page 57 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN time not to exceed three hundred sixty (360) days and to comply with any other reasonable conditions necessary to ensure compliance.
(5) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the respondent meets the criteria stated in KRS 202A.0815, the court may order the respondent to receive assisted outpatient treatment for a period of time not to exceed three hundred sixty (360) days and to comply with any other reasonable conditions necessary to ensure compliance.
(1) A person's substantial failure to comply with a court order for assisted outpatient treatment may constitute presumptive grounds for the court or an authorized staff physician to order a seventy-two (72) hour emergency admission to allow for reexamination of the person to determine whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act[ pursuant to KRS 202A.031].
(1) A person's substantial failure to comply with a court order for assisted outpatient treatment may constitute presumptive grounds for the court or an authorized staff physician to order a seventy-two (72) hour CHAPTER 92 27 emergency admission to allow for reexamination of the person to determine whether he or she meets the criteria for involuntary hospitalization under Section 34 of this Act[ pursuant to KRS 202A.031].
(b) If the person still refuses to participate in any or all aspects of his or her treatment plan, the person's outpatient provider may petition the District Court for a de novo determination of the appropriateness of the proposed Page 58 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN treatment.
(b) If the person still refuses to participate in any or all aspects of his or her treatment plan, the person's outpatient provider may petition the District Court for a de novo determination of the appropriateness of the proposed treatment.
and Page 59 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN 2.
and 2.
(5) (a) Any person released from the hospital under subsection (1) of this section shall be transported to the person's county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that person.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) (a) Any person released from the hospital under subsection (1) of this section shall be transported to the person's county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that person.
(b) The transportation cost of transporting the patient to the patient's county of Page 60 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN discharge when performed by a peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A.
(b) The transportation cost of transporting the patient to the patient's county of discharge when performed by a peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A.
A District Judge may issue an Page 61 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN order to disclose the information sought if he or she finds the[such] order is appropriate under the circumstances and if he or she finds it is in the best interest of the person or of the public to have the[such] information disclosed.
A District Judge may issue an order to disclose the information sought if he or she finds the[such] order is appropriate under the circumstances and if he or she finds it is in the best interest of the person or of the public to have the[such] information disclosed.
Page 62 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (a) A copy of the petition for involuntary hospitalization, unless hospitalization takes place pursuant to KRS 202A.041 or Section 15 or 22 of this Act;
(a) A copy of the petition for involuntary hospitalization, unless hospitalization takes place pursuant to KRS 202A.041 or Section 15 or 22 of this Act;
and (c) The order of involuntary hospitalization.
and CHAPTER 92 29 (c) The order of involuntary hospitalization.
(5) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient evaluation, care, and treatment for [mentally ill persons or ]individuals with an intellectual disability or mental illness who have been charged with or convicted of Page 63 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN a felony;
(5) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient evaluation, care, and treatment for [mentally ill persons or ]individuals with an intellectual disability or mental illness who have been charged with or convicted of a felony;
(10)[(9)] "Less restrictive alternative mode of treatment" means a treatment given outside of a forensic psychiatric facility which would provide a respondent with appropriate treatment or care consistent with accepted professional practice standards and protect the respondent's safety and the safety of others;[ (10) "Mentally ill person" means a person with substantially impaired capacity to use Page 64 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN self-control, judgment, or discretion in the conduct of the person's affairs and social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors;] (11) "Qualified mental health professional" means:
(10)[(9)] "Less restrictive alternative mode of treatment" means a treatment given outside of a forensic psychiatric facility which would provide a respondent with appropriate treatment or care consistent with accepted professional practice standards and protect the respondent's safety and the safety of others;[ (10) "Mentally ill person" means a person with substantially impaired capacity to use self-control, judgment, or discretion in the conduct of the person's affairs and social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors;] (11) "Qualified mental health professional" means:
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the practice of official duties, who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the practice of official duties, who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.;
(e) A licensed clinical social worker licensed under the provisions of KRS Page 65 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN 335.100, or a certified social worker licensed under the provisions of KRS 335.080 with three (3) years of inpatient or outpatient clinical experience in psychiatric social work and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability;
(e) A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS 335.080 with three (3) years of inpatient or outpatient clinical experience in psychiatric social work and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability;
Has completed at least one thousand (1,000) hours of clinical experience under a supervising physician, as defined by KRS 311.840, who is a Page 66 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN psychiatrist and is certified or eligible for certification by the American Board of Psychiatry and Neurology, Inc.;
Has completed at least one thousand (1,000) hours of clinical experience under a supervising physician, as defined by KRS 311.840, who is a psychiatrist and is certified or eligible for certification by the American Board of Psychiatry and Neurology, Inc.;
or b.
or CHAPTER 92 31 b.
(12) "Qualifying offense" means a capital offense, a Class A felony, a Class B felony Page 67 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN resulting in death or serious physical injury, or a violation of KRS 510.040 or 510.070;
(12) "Qualifying offense" means a capital offense, a Class A felony, a Class B felony resulting in death or serious physical injury, or a violation of KRS 510.040 or 510.070;
At the evidentiary hearing, the guardian ad litem's role shall be limited to assisting the respondent with decision-making related to the hearing, including but not limited Page 68 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN to whether to waive the hearing, whether to stipulate to the allegations, and whether to testify.
At the evidentiary hearing, the guardian ad litem's role shall be limited to assisting the respondent with decision-making related to the hearing, including but not limited to whether to waive the hearing, whether to stipulate to the allegations, and whether to testify.
(1) An adversarial evidentiary hearing on the record shall be held within forty-five (45)[twenty (20)] days, excluding weekends and holidays, of the filing of a petition Page 69 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN pursuant to KRS 202C.020, unless the court orders a later hearing for good cause shown.
(1) An adversarial evidentiary hearing on the record shall be held within forty-five (45)[twenty (20)] days, excluding weekends and holidays, of the filing of a petition pursuant to KRS 202C.020, unless the court orders a later hearing for good cause shown.
The court shall order the Commonwealth to provide all available discovery to the respondent no later than seven (7) days, excluding weekends and holidays, before the hearing, unless the court orders a later date for good cause shown.
The court shall order the Commonwealth to provide all available discovery to the respondent no later than seven (7) days, Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY excluding weekends and holidays, before the hearing, unless the court orders a later date for good cause shown.
(5) (a) If the court determines that sufficient evidence has been presented to support a finding that the respondent is responsible for[guilty of] the charged crime against him or her, the court shall immediately schedule a commitment hearing under this chapter to be held within forty-five (45)[twenty (20)] days, Page 70 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN unless the court orders a later hearing for good cause shown, excluding weekends and holidays.
(5) (a) If the court determines that sufficient evidence has been presented to support a finding that the respondent is responsible for[guilty of] the charged crime against him or her, the court shall immediately schedule a commitment hearing under this chapter to be held within forty-five (45)[twenty (20)] days, unless the court orders a later hearing for good cause shown, excluding weekends and holidays.
(2) The commitment 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 Page 71 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN the mental or physical health of the respondent.
(2) The commitment 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.
(b) The respondent [and the respondent's guardian ad litem ]shall be afforded an opportunity to testify, and the respondent's counsel shall conduct the hearing on the respondent's behalf to present evidence[,] and to cross- examine any witnesses.
(b) The respondent [and the respondent's guardian ad litem ]shall be afforded an opportunity to testify, and the respondent's counsel shall conduct the hearing on the respondent's behalf to present evidence[,] and to cross-examine any witnesses.
(c) The respondent's guardian ad litem shall participate in the proceeding in a best-interest, friend-of-the-court capacity and may submit independent recommendations to the court or jury, if a jury has been requested, regarding the respondent's best interest.
(c) The respondent's guardian ad litem shall participate in the proceeding in a best-interest, friend-of- the-court capacity and may submit independent recommendations to the court or jury, if a jury has been requested, regarding the respondent's best interest.
(4) The manner of proceeding and the rules of evidence shall be the same as those in any criminal proceeding.
CHAPTER 92 33 (4) The manner of proceeding and the rules of evidence shall be the same as those in any criminal proceeding.
(c) The respondent has a demonstrated history or recent manifestation of criminal Page 72 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN behavior that has endangered or caused injury to others or has a substantial history of involuntary hospitalizations under KRS Chapter 202A or 202B prior to the commission of the charged crime;
(c) The respondent has a demonstrated history or recent manifestation of criminal behavior that has endangered or caused injury to others or has a substantial history of involuntary hospitalizations under KRS Chapter 202A or 202B prior to the commission of the charged crime;
and (b) After the review hearing under paragraph (a) of this subsection, review hearings shall be conducted not less than once every two (2) years unless a review hearing has been requested under subsection (1)(b) of this section[For the first two (2) years after the initial order of commitment, standard review hearings shall be conducted not less than one hundred eighty Page 73 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (180) days and not more than two hundred ten (210) days from the most recent review;
and (b) After the review hearing under paragraph (a) of this subsection, review hearings shall be conducted not less than once every two (2) years unless a review hearing has been requested under subsection (1)(b) of this section[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;
Upon a finding by the forensic psychiatric facility that the respondent's competency has been restored, the forensic psychiatric facility shall provide written notice of restoration to the court, the Commonwealth, the respondent's attorney of record, the respondent's guardian ad litem, and all other parties of record within ten (10) days of the determination of restoration.
Upon a finding by the forensic psychiatric facility that the respondent's competency has been restored, the forensic psychiatric facility shall provide written notice of restoration to the Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY court, the Commonwealth, the respondent's attorney of record, the respondent's guardian ad litem, and all other parties of record within ten (10) days of the determination of restoration.
Upon receipt of the notice of restoration of the respondent's competency, a status conference shall be held within thirty (30) days, Page 74 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN unless the court orders a later hearing for good cause shown.
Upon receipt of the notice of restoration of the respondent's competency, a status conference shall be held within thirty (30) days, unless the court orders a later hearing for good cause shown.
(c) The respondent's guardian ad litem shall be permitted to participate in the review hearing in a best-interest, friend-of-the-court capacity and may submit independent recommendations to the court regarding the respondent's best interest.
(c) The respondent's guardian ad litem shall be permitted to participate in the review hearing in a best- interest, friend-of-the-court capacity and may submit independent recommendations to the court regarding the respondent's best interest.
(8) At the conclusion of a [standard ]review hearing, the court shall make written Page 75 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN 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.
(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.
All proceedings for the involuntary hospitalization of individuals with a mental illness[mentally ill persons] shall be initiated in the District Court of the county where the person to be hospitalized resides or in which he may be at the time of the filing of a Page 76 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN petition.
All proceedings for the involuntary hospitalization of individuals with a mental illness[mentally ill persons] shall be initiated in the District Court of the county where the person to be hospitalized resides or in which he may be at the time of the filing of a petition.
(2) Who can reasonably benefit from treatment;
CHAPTER 92 35 (2) Who can reasonably benefit from treatment;
(3) A[No] person shall not be transferred to any agency of the United States if he or she be confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of the charge solely on the ground of mental illness unless Page 77 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN prior to transfer the court issuing the confining order shall enter an order to transfer after the motion and hearing.
(3) A[No] person shall not be transferred to any agency of the United States if he or she be confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of the charge solely on the ground of mental illness unless prior to transfer the court issuing the confining order shall enter an order to transfer after the motion and hearing.
(1) (a) Prior to a hearing on a petition for a determination of partial disability or disability and the appointment of a limited guardian, guardian, limited Page 78 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN conservator, or conservator, an interdisciplinary evaluation report shall be filed with the court.
(1) (a) Prior to a hearing on a petition for a determination of partial disability or disability and the appointment of a limited guardian, guardian, limited conservator, or conservator, an interdisciplinary evaluation report shall be filed with the court.
The social worker shall, when possible, be chosen from among employees of the Cabinet for Health and Family Services residing or working in the area, and there shall be no additional compensation for their service on the interdisciplinary evaluation team.
The social worker shall, when possible, be chosen from among employees of the Cabinet for Health and Family Services residing or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY working in the area, and there shall be no additional compensation for their service on the interdisciplinary evaluation team.
If the respondent is alleged to be partially disabled or disabled due Page 79 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN to an intellectual disability, at least one (1) person participating in the compilation of the evaluation report shall be a qualified professional in the area of intellectual disabilities as defined in KRS 202B.010(12).
If the respondent is alleged to be partially disabled or disabled due to an intellectual disability, at least one (1) person participating in the compilation of the evaluation report shall be a qualified professional in the area of intellectual disabilities as defined in KRS 202B.010(12).
Page 80 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (j) An opinion whether attending a hearing on a petition filed under KRS 387.530 would subject the respondent to serious risk of harm;
(j) An opinion whether attending a hearing on a petition filed under KRS 387.530 would subject the respondent to serious risk of harm;
Payment shall be in an amount which is reasonable as determined by the court, except no payment shall be required of the county for an evaluation performed by a salaried employee of a state agency for an evaluation performed within the course of his employment.
Payment shall be in an amount which is reasonable as determined by the court, except no payment shall be required of the county for an evaluation performed by a salaried employee of a state agency for an evaluation performed within the course CHAPTER 92 37 of his employment.
Additionally, no payment shall be required of the county for an evaluation performed by a salaried employee of a community center for mental health or individuals with an intellectual disability or private facility or agency where the costs incurred by the center, facility, or agency Page 81 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN are reimbursable through third-party payors.
Additionally, no payment shall be required of the county for an evaluation performed by a salaried employee of a community center for mental health or individuals with an intellectual disability or private facility or agency where the costs incurred by the center, facility, or agency are reimbursable through third-party payors.
In the absence of a prescription for the treatment of a legitimate Page 82 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN medical condition, agrees, prior to discharge from the hospital, to participate in a court-ordered assessment by a drug treatment provider and the assigning of a certified peer support specialist for referral to appropriate treatment, and agrees to participate in treatment which shall commence within ninety (90) days after the birth;
In the absence of a prescription for the treatment of a legitimate medical condition, agrees, prior to discharge from the hospital, to participate in a court-ordered assessment by a drug treatment provider and the assigning of a certified peer support specialist for referral to appropriate treatment, and agrees to participate in treatment which shall commence within ninety (90) days after the birth;
Page 83 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN (d) That the parent has been convicted of a felony that involved the infliction of serious physical injury to any child;
(d) That the parent has been convicted of a felony that involved the infliction of serious physical injury to any child;
(e) That the parent, for a period of not less than six (6) months, has continuously or repeatedly failed or refused to provide or has been substantially incapable of providing essential parental care and protection for the child and that there is no reasonable expectation of improvement in parental care and protection, considering the age of the child;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (e) That the parent, for a period of not less than six (6) months, has continuously or repeatedly failed or refused to provide or has been substantially incapable of providing essential parental care and protection for the child and that there is no reasonable expectation of improvement in parental care and protection, considering the age of the child;
(j) That the child has been in foster care under the responsibility of the cabinet for fifteen (15) cumulative months out of forty-eight (48) months preceding Page 84 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN the filing of the petition to terminate parental rights;
(j) That the child has been in foster care under the responsibility of the cabinet for fifteen (15) cumulative months out of forty-eight (48) months preceding the filing of the petition to terminate parental rights;
(d) The efforts and adjustments the parent has made in his or her circumstances, conduct, or conditions to make it in the child's best interest to return the child Page 85 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN to his or her home within a reasonable period of time, considering the age of the child;
(d) The efforts and adjustments the parent has made in his or her circumstances, conduct, or conditions to make it in the child's best interest to return the child to his or her home within a reasonable period of time, considering the age of the child;
(5) If the parent proves by a preponderance of the evidence that the child will not continue to be an abused or neglected child as defined in KRS 600.020[(1)] if returned to the parent, or if the parent proves by a preponderance of the evidence that appropriate and specifically targeted adaptive or supportive services based upon an individual assessment of the parent have not been offered or provided to the parent, the court in its discretion may determine not to terminate parental rights.
(5) If the parent proves by a preponderance of the evidence that the child will not continue to be an abused or neglected child as defined in KRS 600.020[(1)] if returned to the parent, or if the parent proves by a CHAPTER 92 39 preponderance of the evidence that appropriate and specifically targeted adaptive or supportive services based upon an individual assessment of the parent have not been offered or provided to the parent, the court in its discretion may determine not to terminate parental rights.
Page 86 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed UNOFFICIAL COPY 26 RS SB 122/EN Section 42.
Section 42.
By November 1, 2026, the Cabinet for Health and Family Services shall provide a report to the Legislative Research Commission for referral to the Interim Joint Committee on Health Services and the Interim Joint Committee on Judiciary describing the existing services, treatments, and supports for mental illness and serious mental illness available to persons who are subject to proceedings under KRS Chapter 202A and 202C and making recommendations for ways to strengthen, increase, and broaden these services, treatments, and supports as appropriate.
By November 1, 2026, the Cabinet for Health and Family Services shall provide a report to the Legislative Research Commission for referral to the Interim Joint Committee on Health Services and the Interim Joint Committee on Judiciary describing the existing services, treatments, and supports for mental illness and serious mental illness available to persons who are subject to proceedings under KRS Chapters 202A and 202C and making recommendations for ways to strengthen, increase, and broaden these services, treatments, and supports as appropriate.
Page 87 of 87 SB012220.100 - 1929 - XXXX 3/31/2026 4:08 PM Engrossed
Signed by Governor April 10, 2026.
Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 92)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. passed 37-0

  6. Senate concurred in Floor Amendment (1) and Floor Amendment (2-title)

  7. posted for passage for concurrence in House Floor Amendments (1) and (2-title)

  8. to Rules (S)

  9. received in Senate

  10. 3rd reading, passed 83-7 with Floor Amendment (1) and Floor Amendment (2-title)

  11. posted for passage in the Regular Orders of the Day for Wednesday, March 25 2026

  12. floor amendments (1) and (2-title) filed

  13. 2nd reading, to Rules

  14. reported favorably, 1st reading, to Calendar

  15. to Families & Children (H)

  16. to Committee on Committees (H)

  17. received in House

  18. 3rd reading, passed 35-2 with Floor Amendment (1)

  19. posted for passage in the Regular Orders of the Day for Wednesday, February 25 2026

  20. floor amendment (1) filed

  21. 2nd reading, to Rules

  22. reported favorably, 1st reading, to Calendar

  23. to Judiciary (S)

  24. to Committee on Committees (S)

  25. introduced in Senate

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 135 not signed on · 9 voted No

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (135)

135 members have not signed on to this bill.

Show all 135 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE OF SB 122 w/ HFA 1, HFA 2 (T)

Passed 37 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 5000
Republican 32001
Total 37001
% of votes cast 97%0%0%3%
How each member voted (38)
Member Party Vote
Cassie Chambers Armstrong Democrat Yea
Gary Clemons Democrat Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Keturah J. Herron Democrat Yea
Aaron Reed Republican Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Craig Richardson Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matt Nunn Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Not Voting
Robin L. Webb Republican Yea
Scott Madon Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Steve Rawlings Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea

Official roll call →

Pass

Passed 83 Yea · 7 Nay · 10 Other
Party YeaNayPresentNot Voting
Democrat 19001
Republican 63709
Unaffiliated 1001
Total 837011
% of votes cast 82%7%0%11%
How each member voted (101)
Member Party Vote
Lewis C — Yea
COMMONWEALTH OF KENTUCKY SENATE — Not Voting
Adam Moore Democrat Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Anne Gay Donworth Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
Erika Hancock Democrat Yea
George Brown Jr. Democrat Yea
Joshua Watkins Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Matthew Lehman Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Thompson Republican Yea
Adam Bowling Republican Not Voting
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Nay
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Not Voting
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
J.T. Payne Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Not Voting
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Nay
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Not Voting
Josh Calloway Republican Nay
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim Holloway Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Nay
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Mitch Whitaker Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Peyton Griffee Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Bivens Republican Yea
Ryan Dotson Republican Nay
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Nay
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Not Voting
Susan Witten Republican Yea
Suzanne Miles Republican Not Voting
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Tony Hampton Republican Not Voting
Vanessa Grossl Republican Not Voting
Wade Williams Republican Nay
Walker Thomas Republican Yea
William Lawrence Republican Not Voting

Official roll call →

PASS SB 122 w/ SFA 1

Passed 35 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 5000
Republican 30201
Total 35201
% of votes cast 92%5%0%3%
How each member voted (38)
Member Party Vote
Cassie Chambers Armstrong Democrat Yea
Gary Clemons Democrat Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Keturah J. Herron Democrat Yea
Aaron Reed Republican Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Craig Richardson Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Nay
Matt Nunn Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Scott Madon Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Not Voting
Steve Rawlings Republican Nay
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 122 do?
Create a new section of KRS Chapter 533 to define terms; require the court, upon conviction of the defendant, to consider the defendant's status as a caretaker of a dependent child; provide that a court's determination of a defendant's status as a caretaker of a dependent child shall not be admissible as evidence or be determinative in any subsequent proceeding; provide that the defendant shall have the right to present an alternative sentencing plan and a family impact statement to the court; provide that in issuing an alternative sentence, the court may require the defendant to participate in programs and services that support the parent-child relationship; provide that the court may modify or revoke the alternative sentence and commit the defendant to an institution if the defendant fails to adhere to or complete the conditions of an alternative sentence; amend KRS 610.340 to provide that a court determining whether to impose an alternative sentence for a defendant who is a caretaker of a dependent child has access to court records under KRS Chapters 600 to 645; provide that the Act may be cited as the Family Preservation and Accountability Act.
Who sponsors SB 122?
SB 122 is sponsored by Gerald A. Neal (Democrat), Brandon J. Storm (Republican), and Julie Raque Adams (Republican).
What is the current status of SB 122?
This bill has been enacted into law. Introduced January 23, 2026. Enacted.
Where can I track SB 122?
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