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AP XIII, Sec. 6 Eligibility and assessment

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part XIII. Procedures for Drug Court
Administrative Procedures, AP XIII, Sec. 6
AP XIII, Sec. 6 Eligibility and assessment
(1) Upon receipt of a written order of referral from a judge, drug court staff shall determine whether a defendant meets the following criteria:
(a) The defendant was referred pursuant to Section 5 of these rules;
(b) The defendant is not a “sex offender” as defined by KRS 17.550;
(c) The defendant is not a “violent offender” as defined by federal regulation, 28 C.F.R. 93.3
(2) If a defendant does not meet the criteria set forth in subsection (1) above, drug court staff shall inform the referring judge in writing using AOC form #DC-7.
(3) If a defendant does meet the criteria set forth in subsection (1) above, drug court staff shall thoroughly explain the drug court process and the Agreement of Participation to the defendant. The defendant shall be required to sign the Agreement of Participation with or without the presence of his/her attorney. If a defendant refuses to sign the Agreement of Participation, drug court staff shall notify the referring judge by utilizing AOC form # DC-7. Refusal by the defendant to sign the Agreement of Participation shall render him/her ineligible for participation in drug court.
(4) Upon execution of the Agreement of Participation, drug court staff shall complete an eligibility assessment. After completing the eligibility assessment, drug court staff shall complete AOC form # DC-7. The eligibility assessment, AOC form # DC-7 and any other pertinent information regarding the defendant shall be completed and submitted to the drug court team prior to the defendant's next scheduled court appearance.

Credits

HISTORY: Amended by Order 2016-02, eff. 2-12-16; prior amendments eff. 3-24-15 (Order 2015-05), 3-23-10 (Order 2010-05), 7-30-09 (Order 2009-07); adopted by Order 2006-01, eff. 1-9-06
Administrative Procedures, AP XIII, Sec. 6, KY ST ADMIN P AP XIII, Sec. 6
Current with amendments received through January 15, 2020.
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