189A.045 Enrollment in alcohol or substance abuse education or treatment

361 words·~2 min read·/ky/189a-045

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

programs -- Attendance -- Reporting and effect of failure to attend --

Reporting of completion of program.

(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.

(2)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.

(3)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.

(4)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.

(5)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.

(6)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.