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Section 5 Eligibility and assessment

Baldwin's Kentucky Revised Statutes Annotated22nd Judicial Circuit - Fayette Mental Health Rules

Baldwin's Kentucky Revised Statutes Annotated
22nd Judicial Circuit - Fayette Mental Health Rules
Part II Adult Criminal Mental Health Court
KY FMHC Section 5
Section 5 Eligibility and assessment
Currentness
1.) Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for Mental Health Court using the following criteria. The person:
a. Shall have a verifiable mental illness that can be treated.
b. Shall be eligible for diversion under this program or probation; or shall have been found in contempt of court; and
c. Shall not be a “sex offender” as defined by KRS 17.550; and
d. Shall not be a “violent offender” as defined by KRS 439.3401, who is either charged with, or previously convicted of:
i. A capital offense;
ii. A Class A felony;
iii. A Class B felony involving the death of the victim or serious physical injury to a victim;
iv. An offense described in KRS 507.040 or 507.050 where the offense involves the killing of a peace officer or firefighter while the officer or firefighter was acting in the line of duty;
v. The commission or attempted commission of a felony sexual offense described in KRS Chapter 510;
vi. Use of a minor in a sexual performance as described in KRS 531.310;
vii. Promoting a sexual performance by a minor as described in KRS 531.320;
viii. Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a);
ix. Human trafficking under KRS 529.100 involving commercial sexual activity where the victim is a minor;
x. Criminal abuse in the first degree as described in KRS 508.100;
xi. Burglary in the first degree accompanied by the commission or attempted commission of an assault described in KRS 508.010, 508.020, 508.032, or 508.060
2.) The evaluator shall examine which services the person has the ability to utilize. The evaluator shall report the possible services back to the court.
3.) If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court. Prior failure to complete Mental Health Court may be specifically considered as a factor in denying admission. The evaluator will include the reasons as to the candidate's ineligibility when reporting back to the referring court.
4.) A determination of competence to stand trial and enter a guilty plea shall be made by the referring court.
5.) If a defendant is determined to be eligible for the program, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant.
a. The Agreement of Participation shall include standardized requirements for each phase of the program. The requirements may be altered on a case by case basis to suit the needs of the individual defendant. Any alteration of standard phase criteria must be done by agreement of the parties.
6.) The defendant will sign the Agreement of Participation. If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by the Mental Health Court. Refusal by the defendant to sign the Agreement of Participation shall render him or her ineligible to participate in Mental Health Court.
7.) After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

Credits

HISTORY: Adopted effective July 7, 2014.
<Including Amendments Received Through January 1, 2022>
Fayette Mental Health Court Section 5, KY R FAYETTE MNTL HLTH CT Section 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document