2015 Kentucky Revised Statutes CHAPTER 218A - CONTROLLED SUBSTANCES 218A.275 Assessment and treatment program for first offenders of possession of controlled substance -- Rescission of treatment order -- Voiding of conviction -- Sealing of records.
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218A.275 Assessment and treatment program for first offenders of possession of
controlled substance -- Rescission of treatment order -- Voiding of conviction -Sealing of records.
(1)
(2)
(3)
(4)
(5)
(6)
A court may request the Division of Probation and Parole to perform a risk and
needs assessment for any person found guilty of possession of a controlled
substance pursuant to KRS 218A.1415, 218A.1416, or 218A.1417. The assessor
shall make a recommendation to the court as to whether treatment is indicated by
the assessment, and, if so, the most appropriate treatment or recovery program
environment. If treatment is indicated for the person, the court may order him or her
to the appropriate treatment or recovery program that will effectively respond to the
person's level of risk, criminal risk factors, and individual characteristics as
designated by the secretary of the Cabinet for Health and Family Services where a
program of treatment or recovery not to exceed one (1) year in duration may be
prescribed. The person ordered to the designated treatment or recovery program
shall present himself or herself for registration and initiation of the treatment or
recovery program within five (5) days of the date of sentencing. If, without good
cause, the person fails to appear at the designated treatment or recovery program
within the specified time, or if at any time during the program of treatment or
recovery prescribed, the authorized director of the treatment or recovery program
finds that the person is unwilling to participate in his or her treatment, the director
shall notify the sentencing court. Upon receipt of notification, the court shall cause
the person to be brought before it and may continue the order of treatment, or may
rescind the treatment order and impose a sentence for the possession offense. Upon
discharge of the person from the treatment or recovery program by the secretary of
the Cabinet for Health and Family Services, or his or her designee, prior to the
expiration of the one (1) year period or upon satisfactory completion of one (1) year
of treatment, the person shall be deemed finally discharged from sentence. The
secretary, or his or her designee, shall notify the sentencing court of the date of such
discharge from the treatment or recovery program.
The secretary of the Cabinet for Health and Family Services, or his or her designee,
shall inform each court of the identity and location of the treatment or recovery
program to which the person is sentenced.
Transportation to an inpatient facility shall be provided by order of the court when
the court finds the person unable to convey himself or herself to the facility within
five (5) days of sentencing by reason of physical infirmity or financial incapability.
The sentencing court shall immediately notify the designated treatment or recovery
program of the sentence and its effective date.
The secretary for health and family services, or his or her designee, may authorize
transfer of the person from the initially designated treatment or recovery program to
another treatment or recovery program for therapeutic purposes. The sentencing
court shall be notified of termination of treatment by the terminating treatment or
recovery program and shall be notified by the secretary of the new treatment or
recovery program to which the person was transferred.
Responsibility for payment for treatment services rendered to persons pursuant to
this section shall be as under the statutes pertaining to payment of patients and
others for services rendered by the Cabinet for Health and Family Services, unless
the person and the treatment or recovery program shall arrange otherwise.
(7) None of the provisions of this section shall be deemed to preclude the court from
exercising its usual discretion with regard to ordering probation or conditional
discharge.
(8) Except as provided in subsection (12) of this section, in the case of any person who
has been convicted for the first time of possession of controlled substances, the
court may set aside and void the conviction upon satisfactory completion of
treatment, probation, or other sentence, and issue to the person a certificate to that
effect. A conviction voided under this subsection shall not be deemed a first offense
for purposes of this chapter or deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime. Voiding of a conviction
under this subsection and dismissal may occur only once with respect to any person.
(9) If the court voids a conviction under this section, the court shall order the sealing of
all records in the custody of the court and any records in the custody of any other
agency or official, including law enforcement records, except as provided in KRS
27A.099. The court shall order the sealing on a form provided by the Administrative
Office of the Courts. Every agency with records relating to the arrest, charge, or
other matters arising out of the arrest or charge that is ordered to seal records, shall
certify to the court within sixty (60) days of the entry of the order that the required
sealing action has been completed.
(10) After the sealing of the record, the proceedings in the matter shall not be used
against the defendant except for the purposes of determining the person's eligibility
to have his or her conviction voided under subsection (8) of this section. The court
and other agencies shall reply to any inquiry that no record exists on the matter. The
person whose record has been sealed shall not have to disclose the fact of the record
or any matter relating thereto on an application for employment, credit, or other type
of application.
(11) Inspection of the sealed records may thereafter be permitted by the court pursuant to
KRS 27A.099 or upon a motion by the person who is the subject of the records and
only to those persons named in the motion or upon a motion of the prosecutor to
verify a defendant's eligibility to have his or her conviction voided under subsection
(8) of this section.
(12) A person who has previously had a charge of possession of controlled substances
dismissed after completion of a deferred prosecution under KRS 218A.14151 shall
not be eligible for voiding of conviction under this section.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 156, sec. 8, effective July 12, 2012. -- Amended
2011 Ky. Acts ch. 2, sec. 21, effective June 8, 2011. -- Amended 2005 Ky. Acts ch.
99, sec. 549, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 489,
effective July 15, 1998. -- Created 1992 Ky. Acts ch. 441, sec. 9, effective July 28,
1992.
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