31.252 Order for pretrial release for assessment -- Release plan -- Treatment
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/ky/31-252A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
options.
(1)As used in this section:
(a)"Alternative sentencing worker" means an employee of the department who
develops an alternative sentencing plan in lieu of incarceration for individuals
who suffer from substance use disorder;
(b)"Qualified treatment program" has the same meaning as in KRS 222.427; and
(c)"Treatment program" has the same meaning as in KRS 222.427.
(2)Upon a motion by the defendant or upon the court’s own motion with the
defendant’s consent, the court may issue an order for pretrial release pending an
assessment for a mental health or substance use disorder. The prosecutor shall be
given an opportunity to object to the issuance of the order or to recommend specific
conditions for the release.
(3)Upon entry of the order, the defendant, the department, or the defendant's retained
counsel shall ensure that a needs assessment is conducted within forty-eight
hours, or as soon thereafter as practicable, by an alternative sentencing worker, or,
upon consent and request of counsel, a qualified health professional as defined in
KRS 222.005.
(a)After the assessment, a release plan shall be developed and submitted to the
court and Commonwealth's or county attorney as soon as practicable.
(b)A treatment plan developed by a qualified health professional who is
employed by a treatment program other than a community mental health
center shall not include in the treatment plan, services that are to be provided
exclusively by the qualified health professional's employing treatment
program.
(5)The court may approve the plan without a hearing or schedule a hearing.
(6)The court may order as a condition of release completion of the treatment plan. The
defendant shall execute a valid release permitting a facility or service provider to
report to the court if the defendant ceases to participate in a service that has been
ordered.
(7)In recommending services in alternative sentencing plans, the department or
defense counsel shall consider all appropriate and competent facilities as
enumerated on the qualified treatment program list maintained by the cabinet
pursuant to KRS 222.427 and treatment programs and shall not discriminate against
any facility or program based on religious content in a program, except that the
department or defense counsel may recommend facilities or programs that are
consistent with a client’s personal religious beliefs or nonbelief. The department or
defense counsel shall not knowingly recommend treatment or services that are
inconsistent with or violate a client’s personal religious beliefs or nonbelief without
the consent of the client.