533.252 Requirements of Commonwealth's attorney when considering application
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/ky/533-252A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 identified victim, and, when the
victim of the crime is deceased or the attorney for the Commonwealth deems it
necessary, interview a member of the family of the victim of the crime. The attorney
for the Commonwealth shall explain to the victim the diversion program, the
proposed diversion conditions, and any other matters that the attorney for the
Commonwealth deems to be appropriate. The results of the interview and
recommendations of the victim may be presented to the court when it is considering
the application for pretrial diversion. If the application for diversion is approved by
the court, the approval shall be in open court and may be attended by the victim and
the victim's family. The attorney for the Commonwealth shall attempt to notify
them of this fact and the time, date, and place of the hearing.
(3)Conduct any other investigation that the attorney for the Commonwealth determines
may be necessary with regard to the defendant and the circumstances of the crime
so as to enable him or her to set proper conditions of pretrial diversion, or to make a
decision whether to recommend pretrial diversion.