A. All persons charged in District Court with the commission of a misdemeanor or violation may be eligible for participation in the Diversion Program (initially, in Bracken County only, which may be expanded in the future to include Fleming and Mason Counties) as an alternative to criminal prosecution, subject to the following conditions and exceptions:

B. Where a person is charged with an offense of public intoxication under KRS 525.100 or alcohol intoxication under KRS 222.202, and that person has one or more prior convictions for alcohol-related offenses other than DUI; and where it appears from the person's record and history that his/her criminal activity is related to the disease of alcoholism or drug addiction, that person will be considered eligible for participation in the Diversion Program.

C. Where reasons of an extraordinary nature are presented which warrant consideration of a person for participation in the Diversion Program, notwithstanding his/her lack of eligibility by virtue of one or more of the above set out exclusions, that person may be considered eligible for participation in the Diversion Program by determination of the trial judge, or upon recommendation of the County Attorney, with the Court's approval.

D. A Diversion Report shall be prepared by the Pre-Trial Service Office of the court and such report shall contain basic information, record of any past offenses and convictions, record of any prior participation in the Diversion Program or other similar program(s), employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Diversion Program.

Prior to approval for participation in the Diversion Program, the Diversion Report shall be made available to the County Attorney, trial judge and the defendant.

Nothing in this rule shall be deemed to limit the authority of the County Attorney to withdraw criminal prosecution in any given case.

A. Upon the consent of both the County Attorney and the accused, the trial judge shall approve participation in the Diversion Program for any individual who meets the eligibility requirements in subsection 1001 above, unless the trial judge is of the opinion that diversion is not appropriate for one of the following reasons:

B. Consent of the County Attorney to the person's participation in the Diversion Program shall not be unreasonably withheld. If the County Attorney refuses to consent to the person's participation in the Diversion Program, he/she shall state on the record the reason(s) therefore.

C. Upon approval for participation in the Diversion Program, the accused must sign a statement waiving his/her right to a speedy trial. Prior to signing such statement, the accused shall be given the opportunity to consult with an attorney if he/she so desires.

D. Prior to approval for participation in the Diversion Program, the Pre-Trial Services Office shall present to the trial judge the comments and opinions, if any, of the arresting officer and/or victim of the alleged crime regarding the nature of the offense, the appropriateness of diversion, and suggested terms of the Diversion Contract. While not binding on the trial judge, such comments and opinions shall be considered by the trial judge in determining approval for participation in the Diversion Program.

E. Participation by an accused in the Diversion Program shall not constitute an admission or presumption of guilt of the crime charged, and shall not be proof of guilt in any subsequent legal action, nor shall a Divertee be required to give a confession or admission of guilt. However, nothing contained in this paragraph shall alter or affect the Divertee's obligation to perform all the terms of the Diversion Contract, including restitution, where agreed to.

F. All records of the Diversion Program, and all statements made by the accused to the Diversion Officer regarding the offense for which the accused was placed on diversion shall be privileged, shall not be admissible or discoverable for any purpose; shall be exempt from subpoena, and shall be deemed confidential, except for the program staff, the trial judge, and the chief district judge, for purposes of program review, monitoring and supervision, and shall not be released to any other person or entity without prior written consent of the chief district judge and the accused. However, nothing in this paragraph shall be deemed to prohibit release of information to the victim of a crime regarding an accused's participation in the Diversion Program.

G. Upon approval for participation in the Diversion Program, the county attorney shall present to the trial judge any special terms, if any, which he/she believes should be included in the Diversion Contract, or which the arresting officer and/or victim have requested to be included in the Diversion Contract. While such requests are not binding on the trial judge, they shall be considered by him/her when approving the Diversion Contract.

H. Upon approval for participation in the Diversion Program, the trial judge shall note on the Court docket any special terms which he/she is requiring to be included in the Diversion Contract.

A. Upon approval of participation in the Diversion Program, the accused shall meet with a Diversion Officer to establish and agree to a formal contract which will specify the conditions required, the referral services to be used, the length of the contract, and the need, if any, for the accused to make required restitution or perform community service.

B. The normal contract on each accused shall be for a period of not more than six (6) months, unless lengthened by the trial judge.

C. The Divertee must comply with all provisions of the Diversion Contract. Violation of contract provisions will subject the individual to termination of diversion participation, and reinstitution of criminal prosecution.

D. At any time, the Divertee may voluntarily choose to be terminated from the Diversion Program by submitting a written statement indicating same. Where the termination is prior to the expiration of the contract period and without the consent of the Diversion Officer, the Diversion Officer shall refer the ease to the County Attorney for prosecution. If the accused does not comply with conditions of his/her Diversion Contract, the trial judge may enter an order terminating the accused's participation in the program or direct the resumption of the Divertee's participation in the Diversion process and reinstatement of the Diversion Contract, with any modifications ordered by the judge. As with the original Diversion Contract, the accused must agree to the contract modifications, if any, prior to reinstatement.

E. Upon termination for non-compliance, the County Attorney may initiate prosecution of the accused upon the original charge(s).

F. Upon successful completion of the Diversion Contract, the formal criminal charge, out of which the Diversion Contract arose, shall be formally and fully dismissed, and all official records of said charge shall bear the notation that said charge was dismissed with prejudice.