HB 485 — AN ACT relating to the care and treatment of individuals with mental illness.

(2) (a) Prior to the completion of an examination under this section, the county attorney may make an ex parte motion for a certification review hearing.

The court shall review the ex parte motion upon its receipt.

(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:

1.

Is an individual with a mental illness;

2.

Presents a danger or threat of danger to self, family, or others as a Page 7 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA result of the mental illness;

and 3.

Does not meet the other criteria for involuntary hospitalization under Section 27 of this Act.

(c) The court shall review the certification under paragraph (b) of this subsection and consider if the person has been the subject of proceedings under this chapter, prior to the current proceeding, and is exhibiting an escalation of dangerous behavior.

After review, the court may:

1.

Order the person to be hospitalized in a place designated by the cabinet until the certification review hearing is held within forty-eight (48) hours, excluding weekends and holidays;

2.

Release the person and set the certification review hearing to be held within forty-eight (48) hours, excluding weekends and holidays;

or 3.

Deny the county attorney's motion for a certification review.

(d) At the certification review hearing:

1.

The qualified mental health professional that performed the examination shall testify about the certification under paragraph (b) of this subsection.

This testimony may be given remotely;

and 2.

The person shall be appointed counsel who may present evidence and cross examine witnesses on the person's behalf.

(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 shall order:

Page 8 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA 1.

a.

The person to receive community-based outpatient treatment that shall not exceed three hundred sixty (360) days;

and b.

The person to comply with any other reasonable conditions necessary to ensure compliance;

or 2.

The person to be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance to a hospital setting.

(3) (a) Failure to comply with any reasonable conditions or an order for community-based outpatient treatment under subsection (2)(e) of this section shall not be grounds to find the person in contempt of court but shall be prima facie evidence that:

1.

The person can benefit from inpatient hospitalization;

and 2.

Inpatient hospitalization is the least restrictive mode of treatment.

(b) If a new petition for involuntary hospitalization is filed within twelve (12) months due to failure to comply with any reasonable conditions or an order for community-based outpatient treatment under subsection (2)(e) of this section, the court shall notify the qualified mental health professional who is conducting the examination of the person's:

1.

Prior conditions or any order for community-based outpatient treatment;

and 2.

Failure to comply with those conditions or treatment.

(c) The qualified mental health professional who conducts the examination as described under paragraph (b) of this subsection, shall independently evaluate the person, considering the person's prior noncompliance, and certify that he or she meets the criteria for involuntary hospitalization under Section 27 of this Act.

(d) A person shall not be involuntarily hospitalized based solely on his or her Page 9 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA failure to comply with conditions or an order for community-based outpatient treatment.

(4) Following an examination by a qualified mental health professional and a certification by that professional that the person meets the criteria for involuntary hospitalization, a judge may order the person hospitalized for a period not to exceed seventy-two (72) hours, excluding weekends and holidays.

(2)(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.

(3)(6)[(3)] (a) UponAny motion of the Commonwealth, any person whoadmitted is subject to a court order for admission to a hospital under subsection (1) of this section andor foundtransferred byto a qualifiedhospital mentalwhile healthordered professionalhospitalized tounder notsubsection meet(1) theof criteriathis forsection involuntary hospitalization shall be admittedtransported tofrom athe hospitalperson's pendinghome ancounty emergencyby hearingthe tosheriff beof heldthat withincounty forty-eightor (48)other hours,peace excludingofficer weekendsas andordered holidays,by to determine if the courtcourt. reasonably believes that:

(b) The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to the hospital.

(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 Page 10 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with[, pursuant to] KRS Chapter 13A.

(7)[(4)] (a) Any person released from the hospital under subsection (2) 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 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[issued] by the cabinet in accordance with[pursuant to] KRS Chapter 13A.

(8)[(5)] A[No] person who has been held under subsection (1) of this section shall not be held in jail pending evaluation and transportation to the hospital.

(9) A court order under subsection (4) of this section shall expire after thirty (30) days if not served upon the person subject to the order.

SECTION 3.

A NEW SECTION OF KRS CHAPTER 202A IS CREATED TO READ AS FOLLOWS:

(1) (a) Upon motion of the county attorney, the hospital shall give notice to the court and the county attorney if the hospital plans to discharge the respondent following the certification by a qualified mental health professional and before the preliminary hearing.

Prior to discharge, the county attorney may make an ex parte motion for a certification review hearing.

The court shall review the ex parte motion upon its receipt.

(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 Page 11 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA certified that the respondent:

TheIs person presents an imminentindividual threatwith ofa dangermental toillness; self, family, or others;

Page 7 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 2.

ThePresents persona hasdanger beenor thethreat subject of twodanger (2)to orself, morefamily, proceedingsor underothers thisas chaptera withinresult of the previousmental sixillness; (6) months;

ProbableDoes causenot wouldmeet bethe foundother atcriteria afor preliminaryinvoluntary hearinghospitalization under Section 327 of this Act.

(c) The court shall review the certification under paragraph (b) Ifof this subsection and consider if the court:respondent has been the subject of proceedings under this chapter, prior to the current proceeding, and is exhibiting an escalation of dangerous behavior.

After review, the court may:

ReasonablyOrder believes that the personrespondent presentsto anbe imminenthospitalized threatin ofa dangerplace todesignated self,by family, or others, the personcabinet hasuntil been the subjectcertification ofreview twohearing (2)is orheld more proceedings under this chapter within theforty-eight previous(48) sixhours, (6)excluding months,weekends and thatholidays; probable cause would be found at a preliminary hearing under Section 3 of this Act:

2.

Release the respondent and set the certification review hearing to be held within forty-eight (48) hours;

or 3.

Deny the county attorney's motion for a certification review.

(d) At the certification review hearing:

1.

The qualified mental health professional that performed the examination shall testify about the certification under paragraph (b) of this subsection.

This testimony may be given remotely;

and 2.

The respondent shall be appointed counsel who may present evidence and cross examine witnesses on the respondent's behalf.

(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 Page 12 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA 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 shall order the respondent to:

1.

TheReceive personcommunity-based shalloutpatient nottreatment bethat releasedshall fromnot hospitalizationexceed beforethree thehundred preliminarysixty hearing(360) underdays; Section 3 of this Act;

i.Comply with any other reasonable conditions necessary to ensure compliance;

The court shall order an additional examination by a qualified mental health professional as required under subsection (8) of Section 3 of this Act.

ii.

The qualified mental health professional shall be a physician unless a physician has already performed an examination;

DoesBe notreleased reasonablywith believeany that:reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance to a hospital setting.

a.(2) (a) Failure to comply with any reasonable conditions or an order for community-based outpatient treatment under subsection (1)(e) of this section shall not be grounds to find the person in contempt of court but shall be prima facie evidence that:

The1. person presents an imminent threat of danger to self, family, or others;

b.The respondent can benefit from inpatient hospitalization;

Theand person2. has been the subject of two (2) of more proceedings under this chapter within the previous six (6) months;

andInpatient c.hospitalization is the least restrictive mode of treatment.

That(b) probableIf causea wouldnew bepetition foundfor atinvoluntary ahospitalization preliminaryis hearingfiled within twelve (12) months due to failure to comply with any reasonable conditions or an order for community-based outpatient treatment under Sectionsubsection 3(1)(e) of this Act;section, the court shall notify the qualified mental health professional who is conducting the examination of the respondent's:

the1. person shall be released from hospitalization.

(4)Prior (a)conditions Any person admitted to a hospital under subsection (1) of this section or Pageany 8order offor 54community-based XXXXoutpatient 1/22/2026treatment; 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 transferred to a hospital while ordered hospitalized under subsection (1) of this section shall be transported from the person's home county by the sheriff of that county or other peace officer as ordered by the court.

(b)and The2. sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to the hospital.

(c)Failure Theto transportationcomply costswith ofthose theconditions sheriff, other peace officer, ambulance service, or othertreatment. 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[, pursuant to] KRS Chapter 13A.

(5)[(4)](c) (a)The Anyqualified personmental releasedhealth fromprofessional who conducts the hospitalexamination as described under subsectionparagraph (2)(b) of this sectionsubsection, shall beindependently transportedPage to13 theof person's69 countyHB048510.100 of- discharge1030 by- aXXXX sheriff2/19/2026 or8:07 otherPM peaceGA officer,UNOFFICIAL byCOPY an26 ambulanceRS serviceHB designated485/GA byevaluate the cabinet,respondent, orconsidering bythe otherrespondent's appropriateprior meansnoncompliance, ofand transportationcertify whichthat ishe consistentor withshe meets the treatmentcriteria planfor involuntary hospitalization under Section 27 of thatthis person.Act.

(b)(d) TheA transportationrespondent costshall ofnot transportingbe theinvoluntarily patienthospitalized tobased thesolely patient'son countyhis of discharge when performed by a peace officer, ambulance service, or otherher privatefailure agencyto oncomply contract with theconditions cabinetor shall be paid by the cabinet in accordance with an administrativeorder regulationfor promulgated[issued]community-based byoutpatient thetreatment. cabinet in accordance with[pursuant to] KRS Chapter 13A.

(6)[(5)]Section A[No]4. person who has been held under subsection (1) of this section shall not be held in jail pending evaluation and transportation to the hospital.

(7) A court order under subsection (1) of this section shall expire after thirty (30) days if not served upon the person subject to the order.

Section 3.

(1) Proceedings for up to sixty (60) days or up to three hundred sixty (360) days of Page 9 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 involuntary hospitalization of an individual shall be initiated by the filing of a verified petition in District Court.

"In the interest of (name of respondent)." (3) The petition shall be filed by a qualified mental health professional, peace officer, county attorney, Commonwealth's attorney, spouse, relative, friend, or guardian of the individual concerning whom the petition is filed, or any otherresponsible adult[other interested person.person].

and (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 Page 14 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA threat of danger to self, family or others if not restrained[;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;

and (g)(h) IfUpon therequest petition seeks a three hundred sixty (360) day involuntary hospitalization of the respondent,county theattorney, petition shall further set forth that the respondentcounty hasattorney beenreceives hospitalizednotice inof aany hospitaldischarge orby a forensichospital psychiatricprior facilityto forthe apreliminary periodhearing of thirty (30) days under thesubsection provisions(10) of this chaptersection. or KRS Chapter 504 within the preceding six (6) months].

(5) AIf the petition broughtseeks undera thissixty section(60) shallday 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 Page 10 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 (30) days under the provisions of this chapter or KRS Chapter 504 within the preceding six (6) months.

The sheriff or other Page 15 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to a hospital or psychiatric facility.

(a) Set a date for a preliminary hearing within six (6) days from the date of hospitalization[holding]hospitalization of[holding] the person under the provisions of this section,[sectionsection, [section (]excluding holidays and weekends,[)] to determine if there is probable cause to believe the person should be involuntarily hospitalized;

and the name, address, and telephone number of the Page 11 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 attorney appointed to represent the respondent;

(b) If the respondent is not being presently hospitalized[held] under the provisions of this chapter, the court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or a psychiatric facility designated by the cabinet so that the respondent shall be examined without unnecessary delay by two (2) qualified mental health professionals, at least Page 16 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA one (1) of whom is a physician.

(b) If a respondent who has been summoned fails to appear for such examination Page 12 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 or at the preliminary hearing, the court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or psychiatric facility designated by the cabinet for the purpose of an evaluation.

If the court finds therethat is probable cause exists under subparagraph 1.

of this paragraph, the courtcounty attorney may ordermotion the hospitalcourt toat notify the courtconclusion andof the Commonwealthpreliminary ifhearing theto hospitalrequire releasesthat thea respondenthearing be held prior to thedischarge finalof hearinga underrespondent subsectionfrom (11)the ofhospital. this section.

If the court grants this motion, the hospital shall be required to notify the court Page 17 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA and the county attorney of the hospital's intent to discharge the respondent and the court shall conduct the 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 notice is given by the hospital, except upon a finding of good cause for further delay.

Upon notificationcompletion of earlythe hearing, 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 underwith subparagraphother 2.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 paragraph, the court upon its own motion or upon motion of the Commonwealth may request a discharge review hearing to be conducted within forty-eight (48) hours.

If upon completion of the discharge review hearing, 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 outpatient treatment, and for whom outpatient treatment is the least restrictive alternative mode of treatment available, the court shall order:

For a respondent who meets the criteria for court-ordered assisted outpatient treatment set forth in KRSSection 202A.0815:13 of this Act:

and Page 13 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 ii.

or b.

The respondent to comply with any other reasonable Page 18 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA conditions necessary to ensure compliance;

(b) There is no probable cause to believe the respondent should be involuntarily hospitalized but that the respondent is an individual with a mental illness, who presents a danger or threatc. of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from outpatient treatment, and for whom outpatient treatment is the least restrictive alternative mode of treatment available, the court shall order:

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;

(b) There is no probable cause to believe the respondent should 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 restrictive alternative mode of treatment available, the court shall order:

For a respondent who meets the criteria for court-ordered assisted outpatient treatment set forth in KRSSection 202A.0815:13 of this Act:

or 2.

The respondent to receive community-based outpatient treatment Page 14 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 that shall not exceed three hundred sixty (360) days;

or 3.

The respondent to be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid Page 19 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA readmittance into a hospital setting;

Who may reasonably benefit from outpatient treatment;treatment or release with reasonable conditions;

For whom outpatient treatment or release with reasonable conditions is the least restrictive alternative mode of treatment available,available;[,] the proceedings against the respondent shall be dismissed, and the respondent shall be released from any hospitalization[holding].

The respondent should be involuntarily hospitalized, the court shall order the respondentrespondent: hospitalized in a hospital for a period not to exceed sixty (60) consecutive days from the date of the court order or a period not to exceed three hundred sixty (360) consecutive days from the date of the court order, whatever was the period of time that was requested in the petition;

a.

Hospitalized in a hospital for a period not to exceed sixty (60) consecutive days from the date of the court order or a period not to exceed three hundred sixty (360) consecutive days from the date of the court order, whatever was the period of time that was requested in the petition;

and b.

To comply with all conditions of the hospital's discharge plan.

of this paragraph, the courtcounty attorney may ordermotion the hospital to notify the court andat the Commonwealthconclusion ifof the hospitalfinal releaseshearing the respondent prior to expirationrequire ofthat thea periodhearing ofbe involuntaryheld: hospitalization;

a.

Prior to discharge of a respondent from the hospital.

If the court Page 20 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA grants this motion, the hospital shall be required to notify the court and the county attorney of the hospital's intent to discharge the respondent and the court shall conduct the 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 notice is given by the hospital, except upon a finding of good cause for further delay;

or b.

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 in accordance with Section 9 of this Act.

Upon notificationcompletion of earlythe releasehearing underdescribed in subparagraph 2.2.a.

of this paragraph, if the court uponfinds itsthat ownthe motionrespondent is an individual with a mental illness, who presents a danger or uponthreat motionof danger to self, family, or others as a result of the Pagemental 15illness, ofwho 54may XXXXreasonably 1/22/2026benefit 7:11from PMcourt-ordered Jacketedoutpatient UNOFFICIALtreatment COPYor 26release RSwith BRother 1030reasonable Commonwealthconditions, mayand requestfor awhom dischargecourt-ordered reviewoutpatient hearingtreatment toor berelease conductedwith withinother forty-eightreasonable (48)conditions hours.is the least restrictive alternative mode of treatment available, the court shall order:

If upon completion of the discharge review hearing, 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 outpatient treatment, and for whom outpatient treatment is the least restrictive alternative mode of treatment available, the court shall order:

For a respondent who meets the criteria for court-ordered assisted outpatient treatment set forth in KRSSection 202A.0815:13 of this Act:

or b.

For any other respondent who may benefit from outpatient Page 21 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA treatment:

(b) The respondent should not be involuntarily hospitalized but that the respondent is an individual with a mental illness, who presents a danger or threatc. of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from outpatient treatment, and for whom Page 16 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 outpatient treatment is the least restrictive mode of treatment available, the court shall order:

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;

(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 restrictive alternative mode of treatment available, the court shall order:

For a respondent who meets the criteria for court-ordered assisted outpatient treatment set forth in KRSSection 202A.0815:13 of this Act:

or 2.

Page 22 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA b.

or 3.

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;

Who may reasonably benefit from outpatient treatment;treatment or release with reasonable conditions;

For whom outpatient treatment or release with reasonable conditions is the least restrictive mode of treatment available;

(12) Any(a) petitionFailure to comply with any reasonable conditions under subsection (10) or (11) of this section shall expirenot afterbe thirtygrounds (30)to daysfind ifthe notperson servedin uponcontempt theof respondent.court but shall be prima facie evidence that:

Page1. 17 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 Section 4.

The person can benefit from inpatient hospitalization;

and 2.

Inpatient hospitalization is the least restrictive mode of treatment.

(b) If a new petition for involuntary hospitalization is filed within twelve (12) months due to failure to comply with any reasonable conditions under subsection (10) or (11) of this section, the court shall notify the qualified mental health professional who is conducting the examination of the Page 23 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA person's prior conditions and failure to comply with those conditions.

(c) The qualified mental health professional who conducts the examination as described under paragraph (b) of this subsection, shall independently evaluate the person, considering the person's prior noncompliance, and certify that he or she meets the criteria for involuntary hospitalization under Section 27 of this Act.

(d) A person shall not be involuntarily hospitalized based solely on his or her failure to comply with conditions.

(13) Any petition under this section shall expire after thirty (30) days if not served upon the respondent.

Section 5.

KRS 202A.053 is amended to read as follows:

(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.

(b) A court may order venue be transferred back to the county where the respondent resides if the court has ordered the respondent to receive outpatient treatment under Section 4 or 9 of this Act.

The receiving county shall then assume venue and responsibility for the respondent's treatment plan and supervision, and shall make orders as the court sees fit.

(2) The court of the county where the preliminary hearing was held may, upon its own motion, or shall, upon motion of one (1) of the parties, retain venue over proceedings subsequent to the preliminary hearing.

(3) The court of the county where the county attorney has filed a motion for a certification review hearing under Section 2, 3, or 6 of this Act shall retain venue over the proceedings.

Section 6.

(1)Page (a)24 Inof any69 proceedingHB048510.100 for- involuntary1030 hospitalization- underXXXX the2/19/2026 applicable8:07 provisionsPM ofGA thisUNOFFICIAL chapter,COPY if26 theRS criteriaHB for485/GA involuntary(1) hospitalizationPrior areto notcompletion certifiedof byan atexamination leastby twoa (2) examining qualified mental health professionals,professional under this section, the courtprofessional shall,shall withoutmake takinga anygood-faith furtherattempt action,to terminatecontact the proceedingspetitioner andto orderobtain theany releaseadditional ofrelevant information necessary to the person.petition.

(b)(2) The(a) qualifiedPrior mental health professionals shall certify to the courtcompletion withinof twenty-fouran (24)examination hours,under [(]excludingthis weekendssection, and holidays,[)] of the examination,county theirattorney findingsmay andmake opinionsan asex toparte whethermotion thefor persona shallcertification bereview involuntarilyhearing. hospitalized.

(2)The (a) Upon motion of the Commonwealth, any person who is subject to a court ordershall forreview admission to a hospital under subsection (1) of this section and found by a qualified mental health professional to not meet the criteriaex forparte involuntarymotion hospitalizationupon shallits bereceipt. admitted to a hospital pending an emergency hearing to be held within forty-eight (48) hours, excluding weekends and holidays, to determine if the court reasonably believes that:

(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 professionals to immediately notify the court if either of the professionals have certified that the person:

TheIs person presents an imminentindividual threatwith ofmental dangerillness; to self, family, or others;

ThePresents persona hasdanger beenor thethreat subject of twodanger (2)to orself, morefamily, proceedingsor underothers thisas chaptera withinresult of the previousmental sixillness; (6) months;

ProbableDoes causenot wouldmeet bethe foundother atcriteria afor preliminaryinvoluntary hearinghospitalization under Section 327 of this Act.

(c) The court shall review the certification under paragraph (b) Ifof this subsection and consider if the court:person has been the subject of proceedings under this chapter, prior to the current proceeding, and is exhibiting an escalation of dangerous behavior.

After review, the court may:

ReasonablyOrder believesthe that:person to be hospitalized in a place designated by the cabinet until the certification review hearing is held within forty-eight (48) hours, excluding weekends and holidays;

2.

Release the person and set the certification review hearing to be held within forty-eight (48) hours;

or 3.

Deny the county attorney's motion for a certification review.

(d) At the certification review hearing:

1.

The qualified mental health professional that performed the Page 25 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA examination shall testify about the certification under paragraph (b) of this subsection.

This testimony may be given remotely;

and 2.

The person shall be appointed counsel who may present evidence and cross examine witnesses on the person's behalf.

(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 shall order the person to:

1.

TheReceive personcommunity-based presentsoutpatient antreatment imminentthat threatshall ofnot dangerexceed tothree self,hundred family,sixty or(360) others;days;

and b.

TheComply personwith hasany beenother thereasonable subjectconditions ofnecessary twoto (2)ensure ofcompliance; more proceedings Page 18 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 under this chapter within the previous six (6) months;

and c.

Probable cause would be found at a preliminary hearing under Section 3 of this Act;

the person shall not be released from hospitalization before the preliminary hearing under Section 3 of this Act;

DoesBe notreleased reasonablywith believeany that:reasonable conditions necessary to ensure the safety of self, family, or others.

a.(3) (a) Failure to comply with any reasonable conditions or an order for community-based outpatient treatment under subsection (2)(e) of this section shall not be grounds to find the person in contempt of court but shall be prima facie evidence that:

The1. person presents an imminent threat of danger to self, family, or others;

b.The person can benefit from inpatient hospitalization;

Theand person2. has been the subject of two (2) of more proceedings under this chapter within the previous six (6) months;

andInpatient c.hospitalization is the least restrictive mode of treatment;

Probableif causethe wouldperson beis foundsubject atto asubsequent preliminaryproceedings hearing under Sectionthis 3chapter ofwithin thistwelve Act;(12) months.

(b) If a new petition for involuntary hospitalization is filed within the persontwelve Page 26 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA (12) month period due to failure to comply with any reasonable conditions or an order for community-based outpatient treatment under subsection (2)(e) of this section, the court shall benotify releasedthe fromqualified hospitalization.mental health professional who is conducting the examination of the person's:

SECTION1. 5.

Prior conditions or any order for community-based outpatient treatment;

and 2.

Failure to comply with those conditions or treatment.

(c) The qualified mental health professional who conducts the examination as described under paragraph (b) of this subsection, shall independently evaluate the person, considering the person's prior noncompliance, and certify that he or she meets the criteria for involuntary hospitalization under Section 27 of this Act.

(d) A person shall not be involuntarily hospitalized based solely on his or her failure to comply with conditions or an order for community-based outpatient treatment.

(4) (a) In any proceeding for involuntary hospitalization under the applicable provisions of this chapter, if the criteria for involuntary hospitalization are not certified by at least two (2) examining qualified mental health professionals, the court shall, without taking any further action, terminate the proceedings and order the release of the person.

(b) The qualified mental health professionals shall certify to the court within twenty-four (24) hours, [(]excluding weekends and holidays,[)] of the examination, their findings and opinions as to whether the person shall be involuntarily hospitalized.

SECTION 7.

(1) If the court orders community-based outpatient mental health treatment under Page 27 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA this chapter, the court shall:

(2) (a) The multidisciplinary team shallshall: regularly monitor the person's adherence to the conditions of the order and regularly report this information to the court that ordered the person's release.

(b)1. Any interested party may report nonadherence to the conditions of the order to the court that ordered the person's release.

PageRegularly 19monitor ofthe 54person's XXXXadherence 1/22/2026to 7:11the PMconditions Jacketedof UNOFFICIALthe COPYorder 26and RSregularly BRreport 1030this (3)information Reportsto maythe becourt, providedthe incounty writtenattorney, format,respondent's incounsel, person,and orany viaother electronicparty means, at the court'scourt discretion.deems necessary;

SECTIONand 6.2.

Consist of three (3) mental health professionals, including any of the following:

a.

The respondent's doctor;

b.

A nurse practitioner;

c.

A prescriber;

d.

A therapist;

e.

A case manager;

f.

A peer support specialist;

or g.

Any other person deemed qualified by the court.

(b) Any responsible adult may report nonadherence to the conditions of the order to the court, the county attorney, respondent's counsel, and any other party the court deems necessary.

(3) Reports may be provided in written format, in person, or via electronic means, at the court's discretion.

(4) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A necessary to implement this section.

Page 28 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA SECTION 8.

(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 faciafacie evidence that:

(a)1. The person can benefit from inpatient hospitalization;

andThe (b)person Inpatientcan hospitalizationbenefit isfrom theinpatient leasthospitalization; restrictive mode of treatment.

and 2.

Inpatient hospitalization is the least restrictive mode of treatment.

(b) If a new petition for involuntary hospitalization is filed within twelve (12) months due to failure to comply with any order for community-based outpatient treatment, the court shall notify the qualified mental health professional who is conducting the examination of the failure to comply.

(4) (a) Any person released from the hospital under subsection (1) of this section Page 29 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA 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 Page 20 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 other appropriate means of transportation which is consistent with the treatment plan of that person.

SECTION 7.9.

(1) No(a) laterUpon thanmotion seventy-two (72) hours prior to the expiration or request for early release by a hospital of the periodcounty ofattorney involuntary hospitalization under subsection (11)(a)(11)(a)2.b. of Section 3 of this Act, the court shall conduct a hearing to determine if the discharge plan gives the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment.

Thisof hearingSection shall4 onlyof bethis conductedAct, no later than seventy-two (72) hours prior to the request for early release by a respondenthospital who:of the period of involuntary hospitalization, the hospital shall provide a copy of the discharge plan to the court, the county attorney, and the respondent's counsel of record.

(a)The Iscourt, diagnosedupon withmotion of the county attorney or the court's own motion, shall conduct a severereview mentalhearing illnessto anddetermine withinif the pastdischarge twelveplan (12)gives monthsthe hasrespondent beena involuntarilyrealistic committedopportunity to aavoid hospitalimminent settingreadmittance forinto an inpatient psychiatric treatment;hospital for treatment.

or (b) WithinThis hearing shall only be conducted for a respondent who within the past twelve (12) months,months has been found incompetent to stand trial in a criminal proceeding and has not been committed under KRS Chapter 202C.

(2) The court shall considerverify thethat followingdischarge toplanning determineprocedures ifwere thecompleted dischargeto plangive gives the respondent a realistic opportunity to avoid imminentrecurrence readmittanceof intosubstantial ansymptom inpatientburden psychiatricthat hospitalwould fornecessitate treatment:psychiatric hospitalization.

(a)Those Theprocedures livingshall arrangementsinclude ofbut thenot respondentbe uponlimited discharge;to any of the following:

(b)Page The30 respondent'sof community69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA (a) Documenting the housing status of the respondent or familialthat supporthousing system;services were offered and the respondent declined;

(c)(b) TheScheduling planan outpatient treatment appointment for theno respondent'slater continuitythan ofseven care;(7) days after discharge;

Page(c) 21Providing ofor 54prescribing XXXXa 1/22/2026thirty 7:11(30) PMday Jacketedsupply UNOFFICIAL COPY 26 RS BR 1030 (d) The acuity of themedication; respondent's psychiatric needs;

(e)(d) TheDocumenting respondent'sa historytransportation ofplan psychiatricthat hospitalizations,may ifinclude any;securing a bus pass, taxi voucher, or an acknowledgment that the respondent will walk or the respondent's family will provide transportation;

(f)(e) AnyDeveloping findingand bydocumenting a courtcrisis thatplan thewith respondentcontact isinformation incompetentfor toservices standthat trialare inavailable atwenty-four criminal(24) proceeding;hours a day;

and(f) (g)Developing Anya othertransfer factorof thecare courtplan deemsor appropriateattempting to consider.develop a transfer of care plan with the respondent if the respondent has met with an outpatient provider or an appointment with the outpatient provider has been scheduled;

(3)or If(g) theContacting court finds by clear and convincing evidence that the dischargerespondent's planfamily doesor giveother thesupport respondentsystems, aif realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment, then the respondent shallconsents. be discharged in accordance with the discharge plan.

(4)(3) IfFor therespondents courtwith findsdecision-making bycapacity clearwho andrefuse convincinghousing evidenceor thatother theservices 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 commitment order made under subsection (11)(a)(2) of Section 3 of this Actsection, shall be renewed until the court finds that the discharge plan givesshall thedocument: respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment.

(5) (a) IfThat ahousing respondentand isother notservices dischargedwere underoffered subsection (4) of this section, a review hearing shall be conducted by the court not sooner than one hundred twenty (120) days after the order under subsection (4) of this section and everyexplained; one hundred twenty (120) days after.

(b) PriorThe torespondent's eachreasons reviewfor hearing,refusal; the court shall cause the respondent to be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician.

The(c) qualifiedThat mental health professionals shall, within seven (7) days prior to the hearing, excluding weekends and holidays, certify to the court their findings as to whether the respondent meetsunderstands the criteriapotential forconsequences involuntarilyof hospitalizationhis underor Sectionher 20choices; of this Act.

Page(d) 22That ofrisk 54reduction XXXXstrategies 1/22/2026were 7:11offered, PMincluding Jacketedaccess UNOFFICIALto COPYcrisis 26contacts, RSmobile BRcrisis 1030services, (c)drop-in Aservices, review hearing may be conducted in an informal manner, consistent with orderly procedures, and inother asafety-oriented physicalresources; setting not likely to have a harmful effect on the mental or physical health of the respondent.

and (e) That there is a plan for periodic outreach to offer services.

(4) If the court finds by clear and convincing evidence that the discharge plan does Page 31 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA 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.

(5) (a) If a respondent is not discharged under subsection (4) of this section, a review hearing shall be conducted by the court within seven (7) days of the hospital's submission of a revised discharge plan.

(b) A review 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.

(d)(c) The1. Commonwealth shall present evidence regarding whether the respondent continues to meet the criteria for involuntary commitment under Section 20 of this Act.

The Commonwealth shall present evidence regarding whether:

a.

The respondent continues to meet the criteria for involuntary commitment under Section 27 of this Act;

and b.

The discharge plan gives the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment.

2.

(e)(d) The Kentucky Rules of Evidence shall apply and theproceedings standard of proof shall be proofheard by cleara andjudge convincingwithout evidence.a jury.

Proceedings(e) shallThe berespondent's heardright byto athis judgehearing withoutshall anot jury.be waived.

(f)Page The32 respondent'sof right69 toHB048510.100 this- hearing1030 shall- notXXXX be2/19/2026 waived.8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA (f) 1.

(g)At 1.the conclusion of a review hearing, the court shall make written findings of fact concerning whether:

Ata. the conclusion of a review hearing, the court shall make written findings of fact concerning whether the criteria for involuntary commitment under Section 20 of this Act continue to be satisfied by clear and convincing evidence.

The criteria for involuntary commitment under Section 27 of this Act continue to be satisfied;

and b.

The discharge plan gives the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment.

If the court findsfinds, by clear and convincing evidence, that the criteria continue to be satisfied,satisfied and that the discharge plan does not give the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment, the court shall enter an order authorizing the continued care and treatment of the respondent.respondent until the expiration of the order under subsection (11)(a) of Section 4 of this Act.

If the court findsdoes that the criteria are not satisfiedmake and that the respondentfinding isrequired anin individualsubparagraph with2. 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 outpatient treatment, and for whom outpatient treatment is the least restrictive mode of Page 23 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 treatment available, 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:

For a respondent who meets the criteria for court-ordered assisted outpatient treatment set forth in KRSSection 202A.0815:13 of this Act:

That at a treatment plan be developed in accordance with KRSPage 202A.081733 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA Section 13 of this Act within forty-eight (48) hours;

or b.

The respondent to comply with any other reasonable condition necessary to ensure compliance.compliance;

(6) The Commonwealth, respondent, or hospitalc. 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 20 of this Act.

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.

(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 27 of this Act.

Page 24 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 (7) (a) Any respondent being hospitalized under this section shall be transferred to an inpatient psychiatric hospital owned by the Commonwealth upon request Page 34 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA of the hospital or psychiatric facility where the respondent is being held.

SectionSECTION 8.10.

A NEW SECTION OF KRS CHAPTER 202A IS CREATED TO READ AS FOLLOWS:

(1) By October 1 of each year beginning in 2027, the cabinet in coordination with the Administrative Office of the Courts shall submit to the Legislative Research Commission for referral to the Interim Joint Committee on Health Services and the Interim Joint Committee on Judiciary a report that includes:

(a) The number of:

1.

Petitions filed under Section 4 of this Act;

2.

Petitions filed under Section 12 of this Act;

3.

Court orders for seventy-two (72) hour hospital admission;

4.

Petitions dismissed prior to a final order under Section 4 of this Act or KRS 202A.0819;

5.

Petitions that result in an order for involuntary hospitalization under Section 4 of this Act and if the orders were for sixty (60) days or three hundred sixty (360) days of involuntary hospitalization;

6.

Petitions that result in an order for outpatient treatment or any other reasonable conditions;

7.

Petitions filed following a respondent's violation of court-ordered outpatient treatment or other reasonable conditions;

8.

Precertification review hearings conducted under this chapter;

9.

Discharge hearings conducted under Section 4 of this Act;

and 10.

Review hearings conducted under Section 9 of this Act;

(b) The stage of a proceeding under this chapter where a:

1.

Petition is dismissed;

and Page 35 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA 2.

Court has ordered a respondent to court-ordered outpatient or any other reasonable conditions;

(c) The length of time a respondent receives treatment under this chapter prior to discharge by a hospital or termination of an order to receive outpatient treatment;

and (d) A summary of the services provided to a respondent who is ordered to involuntary hospitalization or to receive outpatient treatment.

(2) Any hospital, qualified mental health professional, and any other mental health agency who evaluates or treats a respondent under this chapter shall be required to report data to the cabinet as required under this section.

The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section.

(3) The cabinet and the Administrative Office of the Courts shall enter into an agreement to share data necessary to prepare the report required under this section.

(4) The report prepared under this section shall not identify specific individuals.

SECTION 11.

A NEW SECTION OF KRS CHAPTER 202A IS CREATED TO READ AS FOLLOWS:

(1) In any proceeding under this chapter, if the respondent agrees:

(a) To comply with a treatment plan;

and (b) That he or she meets the criteria for involuntary hospitalization under Section 27 of this Act, except that outpatient treatment is the least restrictive mode of treatment;

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.

Page 36 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA (2) An order entered under subsection (1) of this section shall:

(a) Be filed with the court and made a part of the record in the proceeding;

(b) Specify the terms and conditions of treatment to which the respondent has agreed to;

(c) Specify that the respondent is subject to same monitoring, reporting, and review requirements as any contested order to receive court-ordered assisted outpatient treatment or community-based outpatient treatment;

(d) Remain in effect for a period not to exceed three hundred sixty (360) days, subject to early termination or modification by the court.

(3) The failure of a respondent to comply with a consent order entered under this section shall be treated in the same manner as noncompliance with a contested order under this chapter.

Section 12.

KRS 202A.0811 is amended to read as follows:

(1) Proceedings for court-ordered assisted outpatient treatment of a person shall be initiated by the filing of a verified petition for that purpose in District Court.

(2) The petition and all subsequent court documents shall be entitled:

"In the interest of (name of respondent)." (3) The petition shall be filed by a qualified mental health professional;

peace officer;

county attorney;

Commonwealth's attorney;

spouse, relative, friend, or guardian of the person concerning whom the petition is filed;

or any responsible adult[other interested person].

(4) The petition shall set forth:

(a) Petitioner's relationship to the respondent;

(b) Respondent's name, residence, and current location, if known;

(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 Page 37 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA (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.

(5) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition.

If the petitioner is a qualified mental health professional, the court may dispense with the examination.

(6) If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent should be court-ordered to assisted outpatient treatment, the court shall:

(a) Order the respondent to be evaluated without unnecessary delay by a qualified mental health professional to determine whether the respondent meets the criteria for court-ordered assisted outpatient treatment set forth in KRS 202A.0815, unless the court has already received the certified findings of such an evaluation conducted no earlier than five (5) days prior to the filing of the petition.

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;

and (b) Set a date for a hearing within six (6) days from the date of the filing of the petition under the provisions of this section, excluding weekends and holidays, to determine if the respondent should be court-ordered to assisted outpatient treatment.

(7) If the court finds there is no probable cause to believe the respondent should be court-ordered to assisted outpatient treatment, the proceedings against the respondent shall be dismissed.

Section 13.

KRS 202A.0815 is amended to read as follows:

Page 38 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA A[No] person shall not be court-ordered to assisted outpatient mental health treatment unless the person:

(1) Is diagnosed with a serious mental illness;

(2) Has a history of repeated nonadherence with mental health treatment, which has:

(a) At least twice within the last forty-eight (48) months, been a significant factor in necessitating hospitalization or arrest of the person;

or (b) Within the last twenty-four (24) months, resulted in an act, threat, or attempt at serious physical injury to self or others;

(3) Is unlikely to adequately adhere to outpatient treatment on a voluntary basis based on a qualified mental health professional's [:

(a) ]clinical observation[;

and (b) Identification of specific characteristics of the person's clinical condition that significantly impair the person's ability to make and maintain a rational and informed decision as to whether to engage in outpatient treatment voluntarily];

and (4) Is in need of court-ordered assisted outpatient treatment as the least restrictive alternative mode of treatment presently available and appropriate.

Section 14.

(2) If a respondent does not appear at the hearing, and appropriate attempts to elicit the respondent's appearance have failed, the court may conduct the hearing in the Page 39 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA respondent's absence.

(4) If after hearing all relevant evidence, the court does not find by clear and Page 25 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 convincing evidence that the respondent meets the criteria stated in KRS 202A.0815, the court shall deny the petition and the proceedings against the respondent shall be dismissed.

Section 9.15.

Page 40 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA (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[ pursuant to KRS 202A.031].

(2) (a) Upon the refusal of a person subject to a court order for assisted outpatient treatment to participate in any or all aspects of his or her treatment plan, the person's outpatient provider shallmay establish a review committee that is made up of three (3) qualified mental health professionals to examine the appropriateness of the person's treatment plan.

(b) If the person still refuses to participate in any or all aspects of his or her Page 26 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 treatment plan, the person's outpatient provider may petition the District Court for a de novo determination of the appropriateness of the proposed treatment.

Page 41 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA (e) A judgment entered under paragraph (d) of this subsection may extend to treatment provided during a seventy-two (72) hour emergency admission.

(3) (a) Failure to comply with an order for assisted outpatient treatment shall not be grounds to find the person in contempt of court but shall be prima faciafacie evidence that:

(a)1. The person can benefit from inpatient hospitalization;

andThe (b)person Inpatientcan hospitalizationbenefit isfrom theinpatient leasthospitalization; restrictive mode of treatment.

and 2.

Inpatient hospitalization is the least restrictive mode of treatment.

(b) If a new petition for involuntary hospitalization is filed within twelve (12) months due to failure to comply with any order for assisted outpatient treatment, the court shall notify the qualified mental health professional who is conducting the examination of the person's:

1.

Prior order for assisted outpatient treatment;

and 2.

Failure to comply with assisted outpatient treatment.

(c) The qualified mental health professional who conducts the examination as described under paragraph (b) of this subsection, shall independently evaluate the person, considering the person's prior noncompliance, and certify that he or she meets the criteria for involuntary hospitalization under Section 27 of this Act.

(d) A person shall not be involuntarily hospitalized based solely on his or her failure to comply with an order for assisted outpatient treatment.

(b) The sheriff or other peace officer may, upon agreement of a person Page 27 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet Page 42 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA to transport the person to the hospital.

Section 10.16.

(1) The court records of a respondent made in all proceedings pursuant to this[KRSthis[KRS] ]chapterchapter [202A ]are hereby declared to be confidential and shall not be open to the general public for inspection except when such disclosure is provided in KRS 202A.016.

The county attorney shall be given notice of the[any such] motion and shall have five (5) days in which to respond to the motion[same] or request a Page 28 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 hearing on the motion[thereon].

(3) (a) Any petitioner under Section 34 of this Act who qualifies as a responsible Page 43 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA party under KRS 311.631 may motion the court to participate in court proceedings and be informed by a hospital of the discharge plan prior to a respondent's release under this chapter, except for any confidential therapeutic communication or any other medical records.

(b) The court may enter a written order allowing the petitioner to participate as described in paragraph (a) of this subsection, unless the court finds the petitioner's participation is not in the best interests of the respondentrespondent. (4) Any person seeking information contained in the court files or the court records of proceedings involving persons under this chapter may file a written motion in the cause setting out why the information is needed.

(4) Any person seeking information contained in the court files or the court records of proceedings involving persons under this chapter may file a written motion in the cause setting out why the information is needed.

Section 11.17.

Page 29 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 (3) The transportation costs of transporting a person to a hospital or psychiatric facility, when performed by a peace officer, an ambulance service, or other private agency Page 44 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA on contract with the cabinet shall be paid by the cabinet in accordance with administrative regulation promulgated by the cabinet under the provisions of KRS Chapter 13A.

(a) A copy of the petition for involuntary hospitalization, unless hospitalization takes place pursuant to KRS 202A.041 or Section 68 or 915 of this Act;

Section 12.18.

KRS 202A.171 is amended to read as follows:

Except as provided otherwise in this chapter, an authorized staff physician of a hospital shall discharge an involuntary patient when he no longer meets the criteria for involuntary hospitalization.

Section 19.

(2) "Commitment hearing" means the hearing under KRS 202C.040 to determine if a Page 45 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA respondent meets the criteria for involuntary commitment under this chapter;

(3) "Danger" means substantial physical harm or threat of substantial physical harm Page 30 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 upon self or others;

(8) "Individual with an intellectual disability" means a person with significantly Page 46 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period;

Page 31 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 (9)[(8)] "Judge" means the judge who found the respondent incompetent to stand trial in the criminal proceeding from which the petition for involuntary commitment arose;

(d) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience with Page 47 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA individuals with a mental illness[mentally ill persons], or a licensed registered nurse, with a bachelor's degree in nursing from an accredited institution, who Page 32 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 is certified as a psychiatric and mental health nurse by the American Nurses Association and who has three (3) years of inpatient or outpatient clinical experience in psychiatric nursing and is 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;

(g) A professional counselor credentialed under the provisions of KRS Chapter 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a Page 48 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a private agency or company engaged in providing Page 33 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 mental health services, or a regional community program for mental health and individuals with an intellectual disability;

Holds a bachelor's degree, possesses a current physician assistant certificate issued by the board prior to July 15, 2002, is practicing under Page 49 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA a supervising physician as defined by KRS 311.840, and:

Has three (3) years of clinical experience in the assessment, Page 34 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 evaluation, and treatment of mental disorders;

Section 13.20.

(1) When a defendant who is charged with a qualifying offense has been found, after a hearing under KRS Chapter 504, to be incompetent to stand trial with no substantial probability that the defendant will attain competency within three hundred sixty (360) days, the Commonwealth's attorney's office serving the county of criminal prosecution shall immediately petition the Circuit Court that found the defendant incompetent to stand trial or, if the finding was by a District Court, the Circuit Court in the county of the criminal prosecution, for an involuntary commitment Page 50 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA proceeding, to include an evidentiary hearing and a commitment hearing, if applicable, under this chapter.

Page 35 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 (2) (a) Upon the filing of the petition, the court shall assign a guardian ad litem to represent the [needs and ]best interest of the respondent, independent of the respondent's defense attorney.

If, at any time during the pendency of proceedings under this chapter, the respondent[defendant] is not represented by an attorney, the court shall appoint counsel for the respondent[defendant], without a showing of Page 51 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA indigency, to be provided by the Department of Public Advocacy or its designee.

Page 36 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 (3) The Circuit Court shall have exclusive jurisdiction over all proceedings under this chapter.

Section(4) 14.The Circuit Court in the county of the criminal prosecution shall retain jurisdiction over all proceedings under this chapter until the respondent is discharged.

Section 21.

The rules of Page 52 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA evidence shall apply.

The respondent must prove an affirmative defense by a Page 37 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 preponderance of the evidence.

(7) Any[No] evidence or statement submitted by the respondent at the evidentiary Page 53 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA hearing shall not be admissible in any criminal prosecution or civil litigation.

Section 15.22.

(1) A commitment hearing shall be held within forty-five (45)[twenty (20)] days, unless the court orders a later hearing for good cause shown, excluding weekends and holidays, after the court finds that the evidence presented in an evidentiary Page 38 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 hearing pursuant to KRS 202C.030 supports a finding that the respondent is responsible for[guilty of] the charged crime against him or her by a preponderance of the evidence.

Proceedings shall be heard by the judge unless a party or the guardian ad Page 54 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA litem requests a jury.

Section 16.23.

Page 39 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 (a) The respondent presents, or would present if released, a danger to self or others as a result of his or her mental condition;

Section 17.24.

and (b) If at any point during the respondent's placement at a forensic psychiatric facility it appears that the respondent no longer meets the criteria for involuntary commitment under KRS 202C.050 because there has been a material change in circumstances or there is new evidence to present, the respondent or the respondent's guardian ad litem may request a review hearing Page 55 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA pursuant to this section.

Pageand 40 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 (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;

In addition to the examinations required under paragraph (a) of this subsection, the respondent shall undergo evaluations of competency at Page 56 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA least once every two (2) years to be conducted at a forensic psychiatric facility.

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 Page 41 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 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.

(c) The respondent's guardian ad litem shall be permitted to participate in the Page 57 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA 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.

The standard of proof shall be proof beyond a reasonable Page 42 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 doubt.

If the respondent is unable to attend for any reason, the hearing shall be rescheduled to a time, place, and manner in which the respondent is able to attend.] Section 18.25.

(1) Forensic psychiatric facilities ordered to receive an involuntarily committed respondent shall have standing to petition the Circuit Court for any necessary clarification or modification of orders or judgments entered in proceedings under Page 58 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA this chapter and to appeal from final judgments or orders entered in proceedings which have not complied with the provisions of this chapter.

(2) A copy of any motions filed under subsection (1) of this section shall be sent to the involuntarily committed respondent, the respondent's guardian ad litem, [and ]the respondent's attorney of record, the Commonwealth, and all other parties of Page 43 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 record[ of whatever pleadings are filed by the hospital].

Section 19.26.

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.

Section 20.27.

Section 21.28.

(1) Upon receipt of a certificate of the United States Public Health Service or [such ]other agency of the United States government that facilities are available for the care or treatment of any person [heretofore ]hospitalized in any mental hospital or other institution in this state for the care of individuals with a mental illness[mentally ill persons] and that such person is eligible for such care or treatment, the secretary, upon recommendation by any such hospital or institution in this state, is [hereby ]authorized to cause the transfer of any such person to the Page 59 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA United States Public Health Service or other agency of the United States government for care or treatment.

(2) Any person transferred as provided in this section shall be deemed to be placed in the custody of the United States Public Health Service or other agency of the United Page 44 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 States government pursuant to the original hospitalization the same as if he or she had been originally so hospitalized.

Section 22.29.

Section 23.30.

Each public or private hospital, other than a state-operated or contracted mental hospital Page 60 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA or institution, which provides services under KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, [202A.081, ]202A.0811 to 202A.0831, 202A.101, 202A.141, 202A.241, 202A.251, 202A.261, 202A.271, 202B.170, 202B.200, 387.540, 504.085, 600.020, 645.020, 645.120, and 645.280 shall be paid for the services at the same rates the hospital negotiates with the Department for Behavioral Health, Page 45 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 Developmental and Intellectual Disabilities or the regional community program for mental health and for individuals with an intellectual disability.

Section 24.31.

The social worker shall, when possible, Page 61 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA 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.

(2) At least one (1) person participating in the compilation of the report shall have knowledge of the particular disability which the respondent is alleged to have or Page 46 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 knowledge of the skills required of the respondent to care for himself and his estate.

(e) If limited guardianship or conservatorship is recommended, a further recommendation as to the scope of the guardianship or conservatorship, specifying particularly the rights to be limited and the corresponding powers Page 62 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA and duties of the limited guardian or limited conservator;

Page 47 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 (h) A recommendation as to the most appropriate treatment or rehabilitation plan and living arrangement for the respondent and the reasons therefor;

All items Page 63 of 69 HB048510.100 - 1030 - XXXX 2/19/2026 8:07 PM GA UNOFFICIAL COPY 26 RS HB 485/GA specified in subsection (4) of this section shall be included in the report.

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 Page 48 of 54 XXXX 1/22/2026 7:11 PM Jacketed UNOFFICIAL COPY 26 RS BR 1030 evaluation performed by a salaried employee of a state agency for an evaluation performed within the course of his employment.