2019 Kentucky Revised Statutes Chapter 189A - Driving under the influence 189A.045 Enrollment in alcohol or substance abuse education or treatment programs -- Attendance -- Reporting and effect of failure to attend -- Reporting of completion of program. (Effective July 1, 2020).
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189A.045 Enrollment in alcohol or substance abuse education or treatment
programs -- Attendance -- Reporting and effect of failure to attend -Reporting of completion of program. (Effective July 1, 2020)
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(a)
Except as provided in paragraph (b) of this subsection, when a court
requires a defendant to enroll in an alcohol or substance abuse education
or treatment program pursuant to this chapter, it shall require the
defendant to accomplish the enrollment within ten (10) days of the entry
of judgment of conviction.
(b) A defendant may choose to enroll in an alcohol or substance abuse
education or treatment program prior to conviction. If a defendant
chooses to enroll prior to conviction, the alcohol or substance abuse
education or treatment completed prior to conviction shall count towards
the period of alcohol or substance abuse education or treatment required
pursuant to KRS 189A.040.
When a defendant enrolls in the program, the administrator of the program or
his authorized representative shall transmit to the court a certificate of
enrollment within five (5) working days of the enrollment.
If the court does not receive a certificate of enrollment from the administrator of
a program to which the defendant has been assigned within twenty (20) days
of the entry of judgment of conviction, the court shall hold a hearing requiring
the defendant to show cause why he did not enroll.
If a defendant enrolled in an alcohol or substance abuse education or
treatment program drops out of the program or does not maintain satisfactory
attendance at the program, the administrator of the program or his authorized
representative shall transmit to the court a notice describing the defendant's
failure to attend.
Upon receipt of a notice of failure to attend a required alcohol or substance
abuse education or treatment program, the court shall hold a hearing requiring
the defendant to show cause why he should not be held in contempt of court
and be subject to the reinstatement of any penalties which may have been
withheld pending completion of treatment.
When a defendant completes the required alcohol or substance abuse
education or treatment program, the administrator of the program shall notify
the court and the Transportation Cabinet of the defendant's completion of the
program.
Effective:July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 4, effective July 1, 2020. -- Created
1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 4, effective July 1, 1991.
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