Ky. Rev. Stat. » Chapter 202A

Ky. Rev. Stat. § 202A.026

Criteria for involuntary hospitalization

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

No person shall be involuntarily hospitalized unless such person is a mentally ill person: (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. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 4, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 1990–2026 · leading case: Heller v. Doe Ex Rel. Doe
Sort: Relevance Newest Treatment
Heller v. Doe Ex Rel. Doe (1993) scotus · cites it 2× “" Ky. Rev. Stat. Ann. § 202A.026 (Michie 1991).”
United States v. Christopher Perkins (2023) ca4 “§ 59-2946 (f)(1) (West 2022); Ky. Rev. Stat. Ann. §§ 202A.026(1), 202A.”
Schuttemeyer v. Commonwealth (1990) kyctapp · cites it 2× “See KRS 202A.026. While we think that proof of Schuttemeyer’s danger or threat of danger to himself or others was somewhat inadequate, since the only mental health professional whose testimony or report appears in the record stated that appellant was not a danger so long as he…”
Commonwealth v. Todd (1999) kyctapp · cites it 2× “2 KRS 202A.026 provides that: No person shall be involuntarily hospitalized unless such person is a mentally ill person: (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…”
Commonwealth v. Miles (1991) kyctapp “” KRS 202A.026(1). Bearing in mind the purposes of the Speedy Trial Clause of the Sixth Amendment, and taking into account that since March 1982 the appellee’s liberty has not been impaired for any appreciable period because of the criminal charges against him, that the charges…”
R.L.P. v. Commonwealth of Kentucky (2026) ky · cites it 2× “KRS 202A.026. Similarly, Chapter 202B provides for the involuntary hospitalization of an individual with an intellectual disability 3 if that person presents a danger or threat of danger to themselves or others, the least restrictive alternative mode of treatment presently…”
G. P. v. Honorable Angela McCormick Bisig (2022) ky “KRS 202A.026. KRS 202B requires the same criteria be met for involuntary commitment of an intellectually disabled person, rather than a mentally ill person.”
Hunter L. Moore v. Commonwealth of Kentucky (2024) kyctapp “KRS 202A.026. KRS 202B requires the same criteria be met for involuntary commitment of an intellectually disabled person, rather than a mentally ill person.”
R. L. P. v. Commonwealth of Kentucky (2025) kyctapp “at 6 (quoting KRS 202A.026(2))). This presented a perceived loophole in the statutes – when an incompetent criminal defendant cannot reasonably benefit from treatment, KRS Chapter 202A would not allow involuntary hospitalization.”
— Ky. Rev. Stat. § 202A.026(1) — 3 cases
United States v. Christopher Perkins (2023) ca4 “§ 59-2946 (f)(1) (West 2022); Ky. Rev. Stat. Ann. §§ 202A.026(1), 202A.”
Commonwealth v. Miles (1991) kyctapp “” KRS 202A.026(1). Bearing in mind the purposes of the Speedy Trial Clause of the Sixth Amendment, and taking into account that since March 1982 the appellee’s liberty has not been impaired for any appreciable period because of the criminal charges against him, that the charges…”
Commonwealth v. Todd (1999) kyctapp “2 KRS 202A.026 provides that: No person shall be involuntarily hospitalized unless such person is a mentally ill person: (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…”
— Ky. Rev. Stat. § 202A.026(2) — 1 case
R. L. P. v. Commonwealth of Kentucky (2025) kyctapp “at 6 (quoting KRS 202A.026(2))). This presented a perceived loophole in the statutes – when an incompetent criminal defendant cannot reasonably benefit from treatment, KRS Chapter 202A would not allow involuntary hospitalization.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.