I Definitions
Baldwin's Kentucky Revised Statutes Annotated16th/17th Judicial Circuit/District - Boone, Campbell, Gallatin and Kenton Circuit and District Court
KY ULCR PART I
I Definitions
As used in these sections, unless the context otherwise requires:
(6) “Eligible offenses” are offenses deemed to be caused by, arising out of, or a result of untreated or improperly treated mental health condition(s), including Axis I and Axis II disorders, but excluding violent offenses and sexual offenses. An exception can be made on a case by case basis to include otherwise excluded offenders.
(9) “Incentives” means tangible or intangible rewards earned by participants for positive steps taken toward attaining a crime-free lifestyle, and may include, but are not limited to, promotion to the next phase, certificates and tokens, decreased supervision, increased privileges and responsibilities, praise from the mental health court judge and team, extended curfews, and other individual incentives approved by the Mental Health Court team.
(12) “Mental Health Court” means the Northern Kentucky Regional Mental Health Court, which is an alternative sentencing court pilot program authorized by the Kentucky Supreme Court. Mental Health Court combines case management, judicial oversight, treatment, mental health assessments, and drug testing and includes, but is not limited to, the implementation of curfews, sanctions, and incentives.
(14) “Mental Health Court Community Corrections Board” means a group of stakeholders that assist the court with ongoing operations. The board shall consist of a representative from each of the Boone, Campbell and Kenton County Fiscal Courts, and County and Commonwealth Attorney's offices; representatives from treatment providers; case managers; the Mental Health Court judge; the Mental Health Court Administrator; and the Public Advocate.
(16) “Mental Health Court Judge” means a judge who, in addition to his/her regular judicial duties, conducts Mental Health Court sessions and staffing, monitors and reviews the participant's progress in Mental Health Court, imposes sanctions and incentives, and facilitates other components of Mental Health Court as identified and required by the Mental Health Court, consistent with these rules.
(18) “Mental Health Court staff” means personnel hired and employed by the Mental Health Court who perform the daily operations of Mental Health Court, including, but not limited to, providing case management for participants, attending Mental Health Court staffing and sessions, and coordinating mental health assessments and drug testing as needed.
(19) “Mental Health Court team” means the non-adversarial group that promotes public safety while acting in the best interest of the public and the participant, and determines the appropriate responses for a participant's compliance or non-compliance with Mental Health Court requirements. While the Mental Health Court team determines appropriate responses for participant compliance or non-compliance, the Mental Health Court judge has the ultimate decision making authority. The Mental Health Court team is comprised of the Mental Health Court judge, Mental Health Court staff, law enforcement, prosecutor(s), defense counsel, and treatment provider(s). Optional members on each Mental Health Court team may include representatives from the office of probation and parole, the circuit court clerk's office, the community, and other ancillary agencies.
(25) “Sanctions” means the range of consequences imposed for the participant's failure to comply with the requirements or other conditions of Mental Health Court, which are appropriate, consistent and immediately applied. Sanctions may include, but are not limited to, admonishments from the judge, residential treatment, community service, phase demotion, increased therapy sessions, home incarceration, imprisonment in a detention facility, or termination from Mental Health Court.
(27) “Session” means the scheduled appearance of the participant before the Mental Health Court judge, during which the progress of the participant is reviewed and discussed, and assignments, verifications, or other requested information is provided to the Mental Health Court judge by the participant.
(30) “Transfer for Mental Health Court proceedings only” means a transfer of only the Mental Health Court component of a case to the Mental Health Court judge; upon successful completion or termination from Mental Health Court, the case does not remain with the Mental Health Court judge, but returns to the referring judge.
Credits
HISTORY: Adopted effective January 27, 2010.
Boone, Campbell, Gallatin and Kenton Counties, General Civil PART I, KY R BOONE CAMPBELL GALLATIN KENTON GEN CIV PART I
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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