XXI, Sec. 4 Mental health court referral and eligibility

(1) In jurisdictions with a mental health court, a written referral for an eligibility review and assessment for mental health court may be made at any time; however, no person may be referred for an eligibility review and assessment to a mental health court for civil contempt charges under KRS 222.430 - 222.480 (Casey's Law) and KRS 202A.0811--202A.0831 (Tim's Law).

(2) No person shall be considered for admission or referred for a mental health court clinical evaluation unless the referring judge having original jurisdiction over the case has signed an Order Referring to Specialty Court.

(3) A person may be eligible to participate in a mental health court if:

(a) The person has a diagnosed serious mental illness (SMI), intellectual disability, or neurocognitive disorder, and may also have a co-occurring substance use disorder or the person has untreated chronic psychosis or severe acute mental health issues;

(b) The person resides in the same county as the mental health court or resides in another county with transportation and meets the local mental health court guidelines;

(c) Participation in mental health court is deemed appropriate after completion of a clinical evaluation by an approved qualified mental health professional (QMHP) or review of psychiatric medical records; and

(d) The MHC team has determined that the person is a suitable candidate to enter the mental health court, taking into consideration risk and needs.

(4) No one will be denied access to a mental health court based on race, ethnicity, gender, sexual orientation, sexual identity, physical or mental disability, religion, or socioeconomic status.