533.250 Pretrial diversion program in each judicial circuit -- Elements -- Fee.
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/ky/chapter-533/533-250A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A pretrial diversion program shall be operated in each judicial circuit. The chief
judge of each judicial circuit, in cooperation with the Commonwealth's attorney,
shall submit a plan for the pretrial diversion program to the Supreme Court for
approval on or before December 1, 1999. The pretrial diversion program shall
contain the following elements:
(a)The program may be utilized for a person charged with a Class D felony
offense who has not, within ten
(10)years immediately preceding the
commission of this offense, been convicted of a felony under the laws of this
state, another state, or of the United States, or has not been on probation or
parole or who has not been released from the service of any felony sentence
within ten
(10)years immediately preceding the commission of the offense;
(b)The program shall not be utilized for persons charged with offenses for which
probation, parole, or conditional discharge is prohibited under KRS 532.045;
(c)No person shall be eligible for pretrial diversion more than once in a five
year period;
(d)No person shall be eligible for pretrial diversion who has committed a sex
crime as defined in KRS 17.500. A person who is on pretrial diversion on July
12, 2006, may remain on pretrial diversion if the person continues to meet the
requirements of the pretrial diversion and the registration requirements of
KRS 17.510;
(e)Any person charged with an offense not specified as precluding a person from
pretrial diversion under paragraph
(b)of this subsection may apply in writing
to the trial court and the Commonwealth's attorney for entry into a pretrial
diversion program;
(f)Any person shall be required to enter an Alford plea or a plea of guilty as a
condition of pretrial diversion;
(g)The provisions of KRS 533.251 shall be observed; and
(h)The program may include as a component referral to the intensive secured
substance abuse treatment program developed under KRS 196.285 for persons
charged with a felony offense under KRS Chapter 218A and persons charged
with a felony offense whose record indicates a history of recent and relevant
substance abuse who have not previously been referred to the program under
KRS 533.251.
(2)Upon the request of the Commonwealth's attorney, a court ordering pretrial
diversion may order the person to:
(a)Participate in a global positioning monitoring system program through the use
of a county-operated program pursuant to KRS 67.372 and 67.374 for all or
part of the time during which a pretrial diversion agreement is in effect; or
(b)Use and pay all costs, including administrative and operating costs, associated
with the alcohol monitoring device as defined in KRS 431.068. If the court
determines that the defendant is indigent, and a person, county, or other
organization has not agreed to pay the costs for the defendant in an attempt to
reduce incarceration expenses and increase public safety, the court shall
consider other conditions of pretrial diversion.
(3)A court ordering global positioning monitoring system for a person pursuant to this
section shall:
(a)Require the person to pay all or a part of the monitoring costs based upon the
sliding scale determined by the Supreme Court of Kentucky pursuant to KRS
403.761 or 456.100 and administrative costs for participating in the system;
(b)Provide the monitoring system with a written or electronic copy of the
conditions of release; and
(c)Provide the monitoring system with a contact at the office of the
Commonwealth's attorney for reporting violations of the monitoring order.
(4)A person, county, or other organization may voluntarily agree to pay all or a portion
of a person's monitoring costs specified in subsection
(3)of this section.
(5)The court shall not order a person to participate in a global positioning monitoring
system program unless the person agrees to the monitoring in open court or the
court determines that public safety and the nature of the person's crime require the
use of a global positioning monitoring system program.
(6)The Commonwealth's attorney shall make a recommendation upon each application
for pretrial diversion to the Circuit Judge in the court in which the case would be
tried. The court may approve or disapprove the diversion.
(7)The court shall assess a diversion supervision fee of a sufficient amount to defray
all or part of the cost of participating in the diversion program. Unless the fee is
waived by the court in the case of indigency, the fee shall be assessed against each
person placed in the diversion program. The fee may be based upon ability to pay.