Ky. Sup. Ct. Order 2026-03 § 7

(1) A potential participant or participant may request a transfer of venue to

participate in a mental health court outside of the circuit or district

where their underlying court case originated if the potential participant

or participant has been sentenced to serve an alternative sentence in

lieu of incarceration or has entered a guilty plea as part of a pretrial

diversion program in the underlying court case.

(2) The potential participant or participant may request the transfer at the

time of referral for eligibility and assessment to the mental health court

or after admission into a mental health court.

(3) If a transfer is requested, the Specialty Court staff in the county where

the underlying court case originated will initiate an informal conference

with the Specialty Court staff in the transfer county to inquire about the

possibility of transferring the case to that mental health court and to

identify any barriers that may hinder the transfer.

(4) Transfer of venue for mental health court participation shall be

authorized under the following conditions:

(a) The MHC team in the county where the potential participant or

participant requests to transfer venue has agreed to accept the

potential participant or participant;

(b) The potential participant or participant has filed a Motion for

Transfer, which was docketed before the referring judge; and

(c) The referring judge has entered an order transferring venue of the

potential participant’s or participant’s court case.

(d) The potential participant’s or participant’s case will be assigned to

a circuit or district court judge who conducts mental health court

in the county where venue has been transferred.

(e) Upon a participant’s successful completion, administrative

discharge, or termination from mental health court, an order

transferring venue of the court case back to the county where the

case originated shall be entered and all further proceedings shall

be placed on the next available court docket in that county.