For the first time in Kentucky, a judge has ordered a patient with a mental illness to receive outpatient treatment under what is known as “Tim’s Law,” which was enacted in 2017 to provide help to people who might end up homeless, hospitalized or jailed without it.

The patient had been involuntarily hospitalized more than 40 times, according to Jefferson District Judge Stephanie Pearce Burke, who on Monday ordered what is known as assisted outpatient treatment.

Tim’s Law is named for Tim Morton, a Lexington man with schizophrenia whose family was unable to force him to undergo treatment and who died in 2014 at age 56 from neglected health problems.

The General Assembly passed the statute over the veto of Gov. Matt Bevin, who said it could restrict the liberty of people “who have not committed crimes and do not pose a threat to anyone."

Previously:Advocates say it's time to use Tim's Law to help people

Citing the same argument, Kentucky Public Advocate Damon Preston, who runs the state public defender system, threatened to challenge the law’s constitutionality once it was invoked.

He said the decision on whether to do that will now fall to the independent Jefferson County public defender’s office. Beth McMahon, chief of its mental inquest division, said the office

“strongly opposed the passage of Tim’s Law ... and continues to object on behalf of our clients to its implementation by the court system.”



She added: “We have consistently maintained that engagement in mental health treatment is more effective than coercion, and that the mental health system is better suited to address outpatient treatment than the judicial system.”

Preston said while Tim’s Law “fills a practical gap in the system,” it interferes with the personal liberty of people who've done nothing wrong.

But Burke, who has championed the statute in meetings with other judges, said the 45 states with similar laws have had phenomenal success.

The Virginia-based Treatment Advocacy Center says patients receiving assisted outpatient treatment have been two-thirds less likely to be arrested; four times less likely to perpetrate violent crimes; half as likely to be victimized; and 77 percent less likely to be involuntarily hospitalized.

The names of patients are confidential by law, and Burke declined to identify the patient's gender. But she said the patient was represented by a public defender in a hearing at Central State Hospital.

She said the patient initially will be required to report to court weekly to show they are complying with their treatment, but there is no penalty if they do not, other than the possibility they will be involuntarily hospitalized again.

Opinion:If Kentucky had used its laws, my schizophrenic brother might be alive

Though the law has been on the books since June 2017, it has not been used, in part because the General Assembly provided no funding for it. Burke said that should not be an issue because treatment costs are usually covered by Medicaid or private insurance, and in Jefferson County, providers are already in place.

The patient who was the subject of this week’s order will receive treatment from Centerstone, a nonprofit health care organization that says it is dedicated to "delivering care that changes people’s lives." It is based in North Nashville, Tennessee, and has an office in Louisville.

The goal of Tim’s Law and similar statutes is to use the power of the courts to encourage patients to stay on their medication, to promote recovery, and to reduce homelessness, incarceration and hospitalization. Advocates say over time it will save money.

Centerstone says its treatment team will help patients with basic needs, such as housing and employment — in addition to providing psychiatric care and therapy.

Under Kentucky law, individuals can be involuntarily hospitalized if they are a danger to themselves and others and will benefit from inpatient treatment. But until Tim’s Law, there was no way to require outpatient treatment.

Under the statute, a family member or doctor swears to a district court that someone has been diagnosed with a serious mental illness, has been involuntarily hospitalized at least twice in the previous 12 months, and is unlikely to voluntarily adhere to the treatment they need. After a hearing and an exam, a judge can order the person into outpatient treatment, with regular progress reports to be made to the court.

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Burke announced on Facebook that she had conducted the state’s first Tim’s Law proceeding, and Centerstone issued a news release about it.

Nancy Brooks, executive director of the Louisville chapter of the National Alliance on Mental Illness, which fought for Tim's Law in Kentucky, said it will continue to support judges who use the statute.

"In between hospitalizations, individuals with more severe mental health conditions often fail to recognize their illness, not taking care of themselves either mentally or physically. Thereby, they often find themselves back in hospitalization rather than in a more cost- effective outpatient treatment option. This creates a burden on both the individual and their loved ones."

She said Tim's Law creates a support network for such people, "enabling a healthier lifestyle and a better chance of long-term stability."

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Andrew Wolfson: 502-582-7189; awolfson@courier-journal.com; Twitter: @adwolfson. Support strong local journalism by subscribing today: courier-journal.com/andreww.