2014 Kentucky Revised Statutes CHAPTER 218A - CONTROLLED SUBSTANCES 218A.14151 Deferred prosecution program for first and second offenders of KRS 218A.1415.
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218A.14151 Deferred prosecution program for first and second offenders of
KRS 218A.1415.
(1)
(2)
(3)
(4)
(5)
A defendant charged with his or her first or second offense under KRS
218A.1415 may enter a deferred prosecution program subject to the following
provisions:
(a) The defendant requests deferred prosecution in writing on an application
created under KRS 27A.099, and the prosecutor agrees;
(b) The defendant shall not be required to plead guilty or enter an Alford plea
as a condition of applying for participation in the deferred prosecution
program;
(c) The defendant agrees to the terms and conditions set forth by the
Commonwealth's attorney and approved by the court, which may include
any provision authorized for pretrial diversion pursuant to KRS
533.250(1)(h) and (2); and
(d) The maximum length of participation in the program shall be two (2)
years.
If a prosecutor denies a defendant's request to enter a deferred prosecution
program, the prosecutor shall state on the record the substantial and
compelling reasons why the defendant cannot be safely and effectively
supervised in the community, is not amenable to community-based treatment,
or poses a significant risk to public safety.
If the defendant successfully completes the deferred prosecution program, the
charges against the defendant shall be dismissed, and all records relating to
the case, including but not limited to arrest records and records relating to the
charges, shall be sealed, except as provided in KRS 27A.099. The offense
shall be deemed never to have occurred, except for the purposes of
determining the defendant's eligibility for deferred prosecution under this
section or voiding of the conviction under KRS 218A.275, and the defendant
shall not be required to disclose the arrest or other information relating to the
charges or participation in the program unless required to do so by state or
federal law.
If the defendant is charged with violating the conditions of the program, the
court, upon motion of the Commonwealth's attorney, shall hold a hearing to
determine whether the defendant violated the conditions of the program.
If the court finds that the defendant violated the conditions of the program, the
court may, with the approval of the prosecutor:
(a) Continue the defendant's participation in the program;
(b) Change the terms and conditions of the defendant's participation in the
program; or
(c) Order the defendant removed from the program and proceed with
ordinary prosecution for the offense charged.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 9, effective July 12, 2012. -Created 2011 Ky. Acts ch. 2, sec. 20, effective June 8, 2011.
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