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Section 5 Eligibility and assessment

Baldwin's Kentucky Revised Statutes Annotated57th Judicial Circuit - Nelson Mental Health Court

Baldwin's Kentucky Revised Statutes Annotated
57th Judicial Circuit - Nelson Mental Health Court
Part II. Adult Criminal Mental Health Court
KY NMHC 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 assessment using the following criteria. The person:
a. Shall be eligible for diversion, probation or shock probation; or shall have been found in contempt of court; and
b. Shall not have previously graduated or been terminated from a Kentucky adult mental health 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 federal regulation, 28 C.F.R. 93.3, as an offender who either
i. Is currently charged with or convicted of an offense during the course of which
a. the person carried, possessed, or used a firearm or other dangerous weapon; or
b. there occurred the use of force against the person of another; or
c. there occurred the death of or serious bodily injury to any person; without regard to whether proof of any of the elements described herein is required to convict; or
ii. has previously been convicted of a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.
e. Any person who would not otherwise qualify for participation in the court may be admitted to the Mental Health Court by agreement of the court.
2. 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.
3. A determination of competence to stand trial and enter a guilty plea shall be made by the referring court.
4. If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney. 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.
5. Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form 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 eff. September 7, 2016.
Nelson Mental Health Court Section 5, KY R NELSON 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