SB 312 revises Kentucky law governing court-ordered transports for people subject to involuntary hospitalization and related court security duties. The bill expands and clarifies the authority of certified court security officers to transport prisoners or other detained individuals when ordered by the court, while continuing to limit those officers from performing general law enforcement functions outside the court facility. It also updates the mental health commitment statutes to specify who may perform the required examination, including telehealth-qualified professionals and, at the court’s discretion, the ordered psychiatrist.
The bill also standardizes who may transport individuals ordered hospitalized or released from hospitalization, allowing sheriffs, certified court security officers, other peace officers, and in some cases cabinet-authorized ambulance services or private contractors to perform the transport. It requires the Cabinet for Health and Family Services to pay transportation costs under administrative regulations, and it expressly prohibits holding a person in jail while awaiting evaluation and transport to a hospital. The bill further requires prompt notice to the receiving facility and sets out the documents that must accompany an involuntarily hospitalized person, while allowing a hospital to refuse admission if the paperwork or notice requirements are not met.
Impact
SB 312 amends KRS 70.280, 202A.028, and 202A.101, affecting the statutory framework for court security officer duties and involuntary hospitalization procedures in Kentucky. It broadens the transport role of certified court security officers in limited court-ordered contexts, clarifies transport authority for sheriffs and other peace officers, authorizes use of cabinet-designated ambulance or private transport services, and shifts transportation cost responsibility to the Cabinet for Health and Family Services under regulation. It also reinforces procedural requirements for involuntary hospitalization by setting notice, documentation, and timing rules, and by barring jail detention pending transport.
Sentiment
The available voting history suggests strong overall support for the bill. It passed the Senate unanimously on third reading, 31-0, indicating little or no opposition in that chamber. In the House, the bill later advanced through a veto override vote with 77 yeas and 16 nays, showing substantial support but also a meaningful minority of opposition. No committee transcripts were provided, so the record does not show detailed debate or stakeholder testimony.
Contention
The main points of potential contention appear to be the expansion of transport responsibilities to certified court security officers and the use of non-law-enforcement transport options such as cabinet-contracted private agencies or ambulance services. Another likely issue is the shift of transportation costs to the Cabinet for Health and Family Services and the administrative-regulation process for payment. The bill’s mental health commitment procedures may also raise concerns for advocates focused on due process, patient rights, hospital intake requirements, and the practical logistics of timely transport without using jail as a holding location.
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