Download as PDF
196.285 Intensive secured substance abuse recovery program.
(1)
(2)
(3)
(4)
(5)
(6)
The department shall develop an intensive secured substance abuse recovery
program utilizing existing resources or by contract to house and care for
persons suffering from substance abuse who have been charged with a felony
offense.
The program shall accept persons referred to it under KRS 533.250 and
533.251.
Persons may agree to be ordered into the program for a period of not less than
ninety (90) days and not more than three hundred sixty-five (365) days. No
person shall be involuntarily ordered into the program, a commitment shall not
occur before the court has considered an evaluation of the defendant's
treatment needs and conducted a hearing where the defendant may appear
with counsel with an opportunity to present evidence on his or her own behalf,
and persons in the program may petition the court to review the program's
determination as to the length of time the person is to remain in the program or
to issue an order to leave the program, which the court shall grant upon
request, at any time. However, that departure shall constitute a material breach
of any agreement to hold the person's case in abeyance or of the person's
pretrial diversion agreement. The court shall revoke a defendant's program
commitment over the defendant's objection prior to the expiration of the
commitment period only pursuant to an order of the committing court issued
after the court has conducted a hearing on the matter where the defendant
may appear with counsel and present evidence on his or her behalf.
The department shall locate the program in a secure facility with security
standards comparable to those found in a minimum security correctional
institution operated by the department.
The program shall be capable of concurrently housing no fewer than two
hundred (200) persons. The department shall have regulatory authority, when
the program is at or near capacity, to prioritize admissions to the program.
The program's recovery component shall be designed to serve the committed
person's substance abuse condition, and to provide the person with the skills
and training needed to prevent the person from engaging in substance abuse
upon release from the program. The program shall provide each person
leaving the program with an aftercare plan, which shall include a referral to a
local substance abuse provider capable of providing a level of continuing
substance abuse care appropriate to the released person's needs. In designing
the program, the department shall consult with and may contract with the
Division of Behavioral Health.
Effective:March 24, 2009
History: Created 2009 Ky. Acts ch. 96, sec. 1, effective March 24, 2009.
Legislative Research Commission Note (7/12/2012). 2012 Ky. Acts ch. 158, sec.
84, instructs the Reviser of Statutes to correct statutory references to agencies
and officers affected by the reorganization of the Cabinet for Health and Family
Services in that Act. Accordingly, in subsection (6) of this statute, "Division of
Mental Health and Substance Abuse Services" has been changed to "Division of
Behavioral Health."
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.