217.993 Penalties.

425 words·~2 min read·/ky/chapter-217/217-993

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

(1)Any person violating any provisions of KRS 217.650 to 217.710 shall be guilty of a

violation. Each day of violation shall constitute a separate offense.

(2)Any person violating any provisions of KRS 217.900(2) shall upon conviction be

guilty of a Class B misdemeanor.

(3)Any person found guilty of inhaling a volatile substance in violation of KRS

217.900(2) may be ordered to a facility designated by the secretary of the Cabinet

for Health and Family Services, where a program of education, treatment, and

rehabilitation not to exceed ninety

(90)days in duration shall be prescribed. The

person ordered to the facility shall present himself for registration and initiation of a

treatment program within five

(5)days of the date of sentencing. If, without good

cause, the person fails to appear at the designated facility within the specified time,

or if, any time during the program of treatment prescribed, the authorized clinical

director of the facility finds that the person is unwilling to participate in his

treatment and rehabilitation, the director shall notify the sentencing court. Upon

receipt of notification, the court shall cause the person to be brought before it and

may continue the order of treatment or may order the person subject to the fine or

imprisonment, or both, for a Class B misdemeanor. Upon discharge of the person

from the facility by the clinical director or his designee prior to the expiration of the

ninety

(90)day period or upon satisfactory completion of ninety

(90)days of

treatment, the person shall be deemed finally discharged from sentence. The clinical

director or his designee shall notify the sentencing court of the date of such

discharge from the facility.

(4)The secretary of the Cabinet for Health and Family Services or his designee shall

inform each court of the identity and location of the facility to which a person may

be ordered under this section.

(5)The sentencing court shall immediately notify the designated facility of the sentence

and its effective date.

(6)Responsibility for payment for treatment services rendered to persons pursuant to

this section shall be as under the statutes pertaining to payment by patients and

others for services rendered by the Cabinet for Health and Family Services unless

the facility shall arrange otherwise.

(7)None of the provisions of this section shall be deemed to preclude the court from

exercising its usual discretion with regard to ordering probation or conditional

discharge.

(8)Any person violating any provision of KRS 217.900(3) shall upon conviction be

guilty of a Class D felony.