908 KAR 3:025. Notification of discharge,

transfer or escape of violent offenders.

 

      RELATES TO: KRS 202A.026, 202A.051,

202A.101, 202A.201, 202A.241, 202A.410, 439.3401

      STATUTORY AUTHORITY: KRS 194A.030,

194A.050, 202A.008, 202A.410(5), EO 2004-726

      NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective July 9, 2004, created the

Cabinet for Health and Family Services and placed the Department for Mental

Health and Mental Retardation within the cabinet. KRS 194A.050

authorizes the Cabinet for Health and Family Services to establish policies,

procedures and administrative regulations necessary to carry out health

programs. KRS 202A.410 requires the cabinet to notify law enforcement and

correctional authorities of the discharge, transfer or escape of a violent

offender from a psychiatric facility. This administrative regulation

establishes the procedures for notifying law enforcement authorities that a

violent offender has been discharged, transferred or has escaped from a state

psychiatric facility.

 

      Section 1. Definitions. (1)

"Facility administrator" means the director of the facility or his

designee.

      (2) "State psychiatric

facility" or "facility" means a hospital operated or contracted

by the Department for Mental Health and Mental Retardation Services.

      (3) "Violent offender" is

defined in KRS 439.3401.

 

      Section 2. Identification of Violent

Offenders. (1) If a person is committed to a state psychiatric facility

pursuant to a court order issued in accordance with KRS 202A.101 and the order

indicates that the person has been charged with or convicted of a violent crime

as defined in KRS 439.3401, the facility staff person who authorized admission

to the facility shall determine if the requirements of KRS 202A.101(5) have

been met.

      (2) Upon admission of a violent offender

who has been involuntarily committed to a state psychiatric facility, the

facility staff person who authorized the admission shall notify the facility

administrator that the violent offender has been admitted. The notification

shall specify:

      (a) The offender’s name;

      (b) The offender’s date of birth;

      (c) The criminal charge pending against

the offender, if applicable;

      (d) The criminal charge for which the

offender has been convicted, if applicable;

      (e) The county in which the offense

occurred; and

      (f) The location where the offender is

housed within the facility.

 

      Section 3. Required Procedures for

Notification of Transfer or Discharge. (1) Prior to the discharge or transfer

of a violent offender who has been involuntarily committed, the facility

administrator shall notify officials specified in KRS 202A.410 in the following

manner:

      (a) The Department of Corrections in

accordance with the provisions of 501 KAR 14:010;

      (b) The prosecutor in the county where

the violent crime was committed by sending a certified or registered letter;

and

      (c) The law enforcement agency with

jurisdiction in the area to which the violent offender is discharged or

transferred by sending a certified or registered letter.

      (2) Notification of prosecutors and law

enforcement agencies shall:

      (a) Include the date of discharge or

transfer;

      (b) The name and address of the facility

to which a violent offender is transferred if applicable; and

      (c) The information specified in Section

2(2)(a) through (e) of this administrative regulation.

      (3) If a violent offender is ordered to

be transferred to a psychiatric facility in accordance with KRS 202A.201, the

psychiatric facility shall not transfer or discharge the offender except in

accordance with KRS 202A.201(3).

 

      Section 4. Required Procedures for

Notification of Escape. (1) If a violent offender who has been involuntarily

committed escapes from a psychiatric facility, the facility administrator shall

notify the officials specified in KRS 210.410 no later than one (1) hour after

an escape is discovered. The notification process shall be to the following

entities as follows:

      (a) The Department of Corrections in

accordance with the provisions of 501 KAR 14:010;

      (b) The prosecutor in the county where

the violent crime was committed, by telephone, facsimile transmission, or other

electronic device; and

      (c) A local law enforcement agency that

has jurisdiction in the area in which the facility is located, by telephone,

facsimile transmission, or other electronic device.

      (2) Notification of prosecutors and law

enforcement agencies shall include:

      (a) The date and time the escape was

discovered; and

      (b) The information specified in Section

2(2)(a) through (e) of this administrative regulation.

 

      Section 5. Internal Procedures for

Implementation. The facility administrator shall establish internal procedures

to assure the proper and effective implementation of this administrative regulation.

The internal procedures shall specify:

      (1) Staff designated to make the notifications

required by Sections 3 and 4 of this administrative regulation;

      (2) Requirements for documentation of a

discharge, transfer, or escape of a violent offender;

      (3) Requirements for notifying the

facility administrator if a violent offender is transferred, is discharged or

escapes;

      (4) Methods of monitoring the movement of

violent offenders within the facility; and

      (5) Methods for discovering, reporting,

and documenting the escape of a violent offender. (25 Ky.R. 2082; Am. 2399;

eff. 4-21-99.)