2011 Kentucky Revised Statutes CHAPTER 431 GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 431.518 Pretrial release of felony drug offender or felony offender with a history of substance abuse -- Conditions.
KY Rev Stat § 431.518 (1996 through Reg Sess) What's This?
431.518 Pretrial release of felony drug offender or felony offender with a history of
substance abuse -- Conditions.
When considering the pretrial release of a person charged with a felony offense under
KRS Chapter 218A or a person charged with a felony offense whose criminal record
indicates a history of recent and relevant substance abuse, the court considering the
release shall cause the court's pretrial release investigation and services office to have the
person screened for recent and relevant substance abuse risk factors. A person's refusal to
participate in the screening shall not disqualify the person from being granted pretrial
release. If this screening indicates the presence of recent and relevant substance abuse risk
factors, the court may order as a condition of pretrial release that the person:
(1) Undertake any testing ordered by the court under KRS 431.520 or 431.525;
(2) Participate in an additional assessment of the person's condition;
(3) Participate in a secular or faith-based treatment or recovery program if one (1) is
identified as appropriate to the person as a result of the person's initial assessment
or an additional assessment performed under subsection (2) of this section;
(4) Appear at any subsequent hearing ordered by the court where the person's
conditions of pretrial release may be reviewed and modified as the result of any
testing performed under subsection (1) of this section, any additional assessment
performed under subsection (2) of this section, any additional assessment of the
defendant performed by a qualified mental health professional which the defendant
may offer for the court's consideration, or the person's compliance with any
treatment or recovery plan ordered by the court under subsection (3) of this section;
and
(5) Participate in a global positioning monitoring system program operated by a county
pursuant to KRS 67.372 and 67.374 under the same terms and conditions as
provided in KRS 431.517, during all or part of the person's period of release
pursuant to this section.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 170, sec. 12, effective July 15, 2010. -- Created
2009 Ky. Acts ch. 96, sec. 3, effective March 24, 2009.
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