Kentucky Motion for Psychiatric Examination of Defendant
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How to fill out Motion For Psychiatric Examination Of Defendant?
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FAQ
If your family member or loved one is not cooperative you may want to seek a Mental Inquest Warrant (MIW) to have them evaluated by a mental health professional.
If your physician feels that you present a danger or a threat of danger to yourself or others, your physician has the right to hold you up to 48-72 hours (excluding weekends and holidays) and to start court action against you to force you to stay in the hospital.
Section 222.434 - Seventy-two-hour emergency involuntary treatment (1) Following an examination by a qualified health professional and a certification by that professional that the person meets the criteria specified in KRS 222.431, the court may order the person hospitalized for a period not to exceed seventy-two (72) ...
Under the Model Penal Code rule, the one used in Kentucky courts, an individual will not be responsible for a criminal act if, at the time of the criminal act, the individual was suffering from such a mental disease or defect that there was no substantial capacity to understand or appreciate the criminal nature of the ...
(1) Who presents a danger or threat of danger to self, family or others as a result of the mental illness; (2) Who can reasonably benefit from treatment; and (3) For whom hospitalization is the least restrictive alternative mode of treatment presently available.
During the 72-hour period, mental health professionals assess the individual's condition and determine if further treatment is necessary. If the person is deemed to no longer be a threat or require hospitalization, they can be released before the 72-hour period.
If the Court finds probable cause to involuntarily hospitalize the mentally ill individual, the court will order the person to a facility and set a final hearing within twenty-one (21) days from the examination in the county where the individual is hospitalized.
Tim's Law is the common name given to court ordered outpatient treatment for people with serious mental illness. Tim's Law allows family members, mental health providers, and law enforcement to provide help for someone who is suffering from a serious mental illness.