2013 Kentucky Revised Statutes CHAPTER 533 - PROBATION AND CONDITIONAL DISCHARGE 533.251 Pretrial diversion program for felony drug offender and felony offender with a history of substance abuse.
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533.251 Pretrial diversion program for felony drug offender and felony
offender with a history of substance abuse.
(1)
(2)
(3)
(4)
Every pretrial diversion program shall set as a condition precedent for entry
into the program that any defendant charged with a Class D felony offense
under KRS Chapter 218A and any defendant charged with a Class D felony
offense whose criminal, medical, or mental health record indicates a present
need for or benefit from substance abuse treatment participate in and
demonstrate suitable compliance with the terms of a secular or faith-based
substance abuse treatment or recovery program if space is available in a
treatment or recovery program suitable for that defendant. The substance
abuse treatment or recovery program shall be appropriate to the defendant's
needs, and may include commitment to an intensive outpatient program, a
residential substance abuse treatment or recovery facility, or the intensive
secured drug abuse treatment program developed under KRS 196.285.
Consideration may be given, in whole or in part, to a defendant's participation
in drug monitoring or a substance abuse treatment or recovery plan ordered
under KRS 431.518 as evidence of suitable compliance under this section.
The court may waive compliance with subsection (1) of this section if the
defendant can show that exigent circumstances exist sufficient to justify
diversion program participation without a prior demonstration of treatment
compliance.
The court may continue in effect any nonfinancial conditions of pretrial release
imposed under KRS 431.520 or 431.525 and may hold the case in abeyance
during the period of time the defendant is attempting treatment or recovery
prior to diversion under subsection (1) of this section.
The court may allow a person charged with a Class C felony to participate in a
secular or faith-based substance abuse treatment or recovery program under
subsection (1) of this section or obtain a waiver under subsection (2) of this
section. If the person is successful in the program or is waived, the person
shall be eligible for entry into the pretrial diversion program under the same
terms, conditions, and limitations as a Class D felon.
Effective:March 24, 2009
History: Created 2009 Ky. Acts ch. 96, sec. 4, effective March 24, 2009.
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