189A.040 Alcohol or substance abuse treatment and education programs --
929 words·~4 min read·
/ky/189a-040A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sentencing offenders to programs -- Regulation of programs -- Medicaid-
eligible defendants -- Appeals of decisions regarding licensure of education and
treatment facilities and programs.
(1)In addition to any other penalty prescribed by KRS 189A.010(5)(a) or (6), the court
shall sentence the person to attend an alcohol or substance abuse education or
treatment program subject to the following terms and conditions for a first offender
or a person convicted under KRS 189A.010(1)(f):
(a)The treatment or education shall be for a period of ninety
(90)days and the
program shall provide an assessment of the defendant's alcohol or other
substance abuse problems, which shall be performed at the start of the
program;
(b)Each defendant shall pay the cost of the education or treatment program up to
his ability to pay but no more than the actual cost of the treatment;
(c)Upon written report to the court by the administrator of the program that the
defendant has completed the program recommended by the administrator
based upon the assessment of the defendant, the defendant shall be released
prior to the expiration of the ninety
(90)day period; and
(d)Failure to complete the education or treatment program or to pay the amount
specified by the court for education or treatment shall constitute contempt, and
the court shall, in addition to any other remedy for contempt, reinstitute all
penalties which were previously imposed but suspended or delayed pending
completion of the education or treatment program.
(2)In addition to any other penalty prescribed by KRS 189A.010(5)(b), the court shall
sentence the person to an alcohol or substance abuse treatment program subject to
the following terms and conditions for a second offender:
(a)The sentence shall be for a period of one
(1)year and the program shall
provide an assessment of the defendant's alcohol or other substance abuse
problems, which shall be performed at the start of the program;
(b)Each defendant shall pay the cost of the treatment program up to his ability to
pay but no more than the actual cost of the treatment;
(c)Upon written report to the court by the administrator of the program that the
defendant has completed the program recommended by the administrator
based upon the assessment of the defendant, the defendant may be released
prior to the expiration of the one
(1)year period; and
(d)Failure to complete the treatment program or to pay the amount specified by
the court for treatment shall constitute contempt of court and the court shall,
in addition to any other remedy for contempt, reinstitute all penalties which
were previously imposed but suspended or delayed pending the completion of
the treatment program.
(3)In addition to any other penalty prescribed by KRS 189A.010(5)(c) or (d), the court
shall sentence the person to an alcohol or substance abuse treatment program
subject to the following terms and conditions for a third or subsequent offender:
(a)The sentence shall be for a period of one
(1)year and the program shall
provide an assessment of the defendant's alcohol or other substance abuse
problems, which shall be performed at the start of the program. The program
may be an inpatient or residential-type program;
(b)Each defendant shall pay the cost of the treatment program up to his ability to
pay but no more than the actual cost of the program;
(c)A defendant, upon written recommendation to the court by the administrator
of the program, may be released from the inpatient or residential program
prior to the expiration of one
(1)year but shall be retained in the program on
an outpatient basis for the remainder of the year period; and
(d)Failure to complete the treatment program or to pay the amount specified by
the court for treatment shall constitute contempt of court, and the court shall,
in addition to any other remedy for contempt, reinstitute all penalties which
were previously imposed but suspended or delayed pending completion of the
treatment program.
(4)Costs of treatment or education programs which are paid from the service fee
established by KRS 189A.050, or from state or federal funds, or any combination
thereof, shall be deducted from the amount which the defendant must pay.
(5)For defendants who are Medicaid-eligible, alcohol or substance abuse treatment
under this section shall be authorized by the Department for Medicaid Services and
its contractors as Medicaid-eligible services and shall be subject to the same
medical necessity criteria and reimbursement methodology as for all other covered
behavioral health services.
(6)For the purposes of this section, "treatment" means service in an alcohol or
substance abuse education or treatment program or facility licensed, regulated, and
monitored by the Cabinet for Health and Family Services for services as required
under this section.
(7)The Cabinet for Health and Family Services shall promulgate administrative
regulations for the licensure of education and treatment facilities and programs for
offenders receiving education or treatment under this section. The criteria developed
by the Cabinet for Health and Family Services shall include:
(a)Manner of assessment;
(b)Appropriate education and treatment plans; and
(c)Referrals to other treatment providers.
(8)The participating facilities and programs shall be required to abide by these
standards and shall report completion to the Transportation Cabinet. Upon request,
the facility or program shall report to the courts regarding the progress of offenders
being treated pursuant to this section.
(9)Administrative decisions regarding the licensure of education and treatment
facilities and programs may be appealed, and upon appeal an administrative hearing
shall be conducted in accordance with KRS Chapter 13B.