Title L, Kentucky Penal Code

private agency -- Work release. (1) Any person who has been convicted of a crime and who has not been sentenced to death may be sentenced to probation, probation with an alternative sentencing plan, or conditional discharge as provided in this chapter. (2) Before imposition of a …

Whenever a statute mentions probation, shock probation, conditional discharge, home incarceration, or other form of alternative to incarceration, that alternative may include a community-based, faith-based, charitable, church-sponsored, or nonprofit residential or nonresidential …

(1) As used in this section: (a) "County jail" means all detention and penal facilities of a county, charter county, urban-county government, unified local government, or consolidated local government for adult offenders, together with all its rehabilitative facilities for adult …

(1) When a person who has been convicted of an offense or who has entered a plea of guilty to an offense is not sentenced to imprisonment, the court shall place him or her on probation if he or she is in need of the supervision, guidance, assistance, or direction that the probati…

jail -- Payment of work release fees to jailer and deduction from department's payment -- Department's custody of prisoner for specified medical conditions. (1) When a person is convicted of, pleads guilty to, or enters an Alford plea to a felony offense and is sentenced to jail …

(1) The conditions of probation and conditional discharge shall be such as the court, in its discretion, deems reasonably necessary to ensure that the defendant will lead a law-abiding life or to assist him or her to do so. The court shall provide as an explicit condition of ever…

(1) A period of probation or conditional discharge commences on the day it is imposed. Multiple periods, whether imposed at the same or different times, run concurrently. (2) If a court, as authorized by law, determines that a defendant violated the conditions of his probation or…

hearing -- Exception under KRS 439.3108. (1) At any time before the discharge of the defendant or the termination of the sentence of probation or conditional discharge: (a) The court may summon the defendant to appear before it or may issue a warrant for his arrest upon a finding…

felonies. (1) When a person has been convicted of an offense or has entered a plea of guilty to an offense classified as a Class A, B, or C felony and the commission of the offense involved the use of a weapon from which a shot or projectile may be discharged that is readily capa…

of offense. Any person who was found guilty of a felony offense under KRS Chapters 218A, 507, 508, 509, 511, or 513, or KRS 237.040, 514.100, 525.020, 525.030, 527.040, 527.070, 527.100, or theft of a motor vehicle under KRS 514.030, and who was wearing body armor and was armed w…

(1) In any case where imprisonment is an authorized penalty and where imprisonment is not required by the statute relating to the crime committed, a court may, as a form of conditional discharge, sentence the defendant to work at community service related projects subject to the …

graduation certificate or High School Equivalency Diploma -- Exceptions for an individual with a severe intellectual disability. (1) A person convicted of a misdemeanor or violation who has not received a graduation certificate from high school or has not obtained a High School E…

(1) The program described in KRS 533.200 shall be administered by the Office of Adult Education within the Department of Workforce Development in the Education and Labor Cabinet, which shall promulgate administrative regulations, pursuant to KRS Chapter 13A, relative to the condu…

Any person sentenced to the reading skills improvement program specified in KRS 533.200 who fails to successfully complete the program within the time specified, who fails to attend as required, or fails to make progress toward successful completion, shall be reported to the sent…

(1) A pretrial diversion program shall be operated in each judicial circuit. The chief judge of each judicial circuit, in cooperation with the Commonwealth's attorney, shall submit a plan for the pretrial diversion program to the Supreme Court for approval on or before December 1…

with a history of substance abuse. (1) 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 crim…

for pretrial diversion. When considering an application for pretrial diversion, the attorney for the Commonwealth shall: (1) Have a criminal record check made to ascertain if the person is eligible for pretrial diversion. (2) Interview the victim of the crime, if there is an iden…

(1) The provisions of KRS 533.020 relating to the period of probation shall, in so far as possible, be applicable to the period of pretrial diversion except that supervision of the participants in the programs shall be done by the Division of Probation and Parole. (2) The provisi…

(1) If the defendant fails to complete the provisions of the pretrial diversion agreement within the time specified, or is not making satisfactory progress toward the completion of the provisions of the agreement, the Division of Probation and Parole, the victim, or a peace offic…

(1) If the defendant successfully completes the provisions of the pretrial diversion agreement, the charges against the defendant shall be listed as "dismissed-diverted" and shall not constitute a criminal conviction. (2) The defendant shall not be required to list this dispositi…

The Supreme Court of Kentucky shall, by rule, determine all forms and other matters necessary for the proper administration of the pretrial diversion program.

(1) The pretrial diversion program authorized by KRS 533.250 to 533.260 shall be the sole program utilized in the Circuit Courts of the Commonwealth except for drug court diversion as approved by the Supreme Court and the Department of Corrections. (2) As of July 15, 1998, the on…

As used in KRS 533.270 to 533.290: (1) "Behavioral health conditional dismissal program" means a program designed to provide an eligible person who has a behavioral health disorder and who has been charged with a qualifying offense an alternative to receive treatment and recovery…

Reporting requirements. (1) A pilot program shall be established in no more than twenty (20) counties selected by the Chief Justice of the Supreme Court to participate in a behavioral health conditional dismissal program. The pilot program shall begin January 1, 2023, and shall c…

(1) In addition to the pretrial diversion program established under KRS 533.250 to 533.260, and the deferred prosecution program established under KRS 218A.14151, a behavioral health conditional dismissal program shall be operated in each county participating in the pilot program…

referral -- Requirements of Commonwealth's attorney when considering individual's participation in pilot program -- Agreement. (1) (a) Following arrest, and within seventy-two (72) hours after being booked into a jail or detention facility, any person who has been charged with a …

(1) Upon initiation of treatment, the designated behavioral health treatment provider may assign a case manager in accordance with criteria established by the Cabinet of Health and Family Services in administrative regulations promulgated under KRS Chapter 13A. The case manager, …

(1) Upon successful completion of the behavioral health conditional dismissal program: (a) The court shall dismiss the charged offense or offenses with prejudice and discharge the defendant; (b) All records relating to the case, including but not limited to arrest records and rec…

Providers -- Recovery housing services. (1) In establishing a specific behavioral health disorder treatment plan, the program provider formulating the plan shall consider the following: (a) The existence of programs and resources within the community; (b) Available treatment prov…

(1) The Cabinet for Health and Family Services shall establish and maintain a list of approved assessors for each county participating in the pilot program established under KRS 533.272 to perform clinical assessments; and (2) No assessor shall be approved unless he or she is a: …

(1) (a) The Office of Adult Education within the Department of Workforce Development of the Education and Labor Cabinet, in conjunction with a community rehabilitation provider, shall conduct an in-person initial screening of any individual participating in a behavioral health co…

Council -- Membership -- Meetings -- Duties. (1) The Behavioral Health Conditional Dismissal Program Implementation Council is created for the purpose of assisting with the implementation of the behavioral health conditional dismissal pilot program created under KRS 533.272. (2) …

(1) There is hereby created a trust and agency account to be known as the Behavioral Health Conditional Dismissal Program trust fund to be administered by the Department for Behavioral Health, Developmental and Intellectual Disabilities within the Cabinet for Health and Family Se…