Home Table of Contents

Rule 5. Class D felony pretrial diversion

Baldwin's Kentucky Revised Statutes Annotated39th Judicial Circuit - Breathitt, Powell and Wolfe Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
39th Judicial Circuit - Breathitt, Powell and Wolfe Circuit Courts
KY BPWC Rule 5
Rule 5. Class D felony pretrial diversion
Currentness
Pretrial Diversion is the postponement of imposition of sentence upon any person who qualifies for the program, for a period of time not to exceed five (5) years, subject to certain conditions established by the Court. PERSONS WHO ARE ELIGIBLE are as follows:
A. Any person charged with a Class D felony who has not had a felony conviction in the ten (10) years prior to commission of the current offense, or who has not been on felony probation or parole or released from felony incarceration within the ten (10) years prior to the commission of the current offense.
B. The person charged must enter a plea of guilty before becoming eligible for pretrial diversion.
C. Persons ineligible for probation, parole or conditional discharge under KRS 532.045 shall be ineligible for the program.
D. A person convicted of a Class D felony for which early released is not allowed by statute, including KRS 189A.010(8) and KRS 189A.120(2), shall be ineligible.
E. No person shall be eligible for this program more than once in any five (5) year period.

Credits

HISTORY: Amended effective July 12, 2021. Effective May 15, 2008.
Breathitt, Powell and Wolfe Circuit Court Rule 5, KY R BREATHITT CIR CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document