533.280 Completion of program -- Effect -- Notice to identified victim.

305 words·~1 min read·/ky/chapter-533/533-280

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

(1)Upon successful completion of the behavioral health conditional dismissal program:

(a)The court shall dismiss the charged offense or offenses with prejudice and

discharge the defendant;

(b)All records relating to the case, including but not limited to arrest records and

records relating to the charges, shall be sealed, except as provided in KRS

27A.099;

(c)The offense shall be accessible for review for the sole purpose of determining

the defendant's eligibility for deferred prosecution under KRS 218A.1415; and

(d)The defendant shall not be required to disclose the arrest or other information

relating to the charges or participation in the program on an application for

employment, credit, or other type of application unless required to do so by

state or federal law.

(2)If a defendant who is participating in the behavioral health conditional dismissal

program is convicted of or enters a plea of guilty to a felony offense other than a

qualifying offense under any law of the United States, this state, or any other state,

that was committed while participating in the program, the defendant shall be

discharged from the behavioral health conditional dismissal program for failure to

comply with the terms and conditions.

(3)If the defendant is discharged from the behavioral health conditional dismissal

program by the treatment provider under KRS 533.278, all statements or other

disclosures made by the defendant to any provider while participating in the

program shall be protected by all applicable privacy laws and professional standards

regarding confidentiality and shall not be admissible in a criminal trial relating to

the offenses covered by the agreement executed under KRS 533.276.

(4)The attorney for the Commonwealth shall notify the victim, if there is an identified

victim, of the defendant's dismissal from the program for noncompliance or

discharge from the program following successful completion of the program.