Rule 5 Pretrial diversion program
Baldwin's Kentucky Revised Statutes Annotated13th Judicial District - Garrard, Jessamine and Lincoln District Courts
KY RGSD Rule 5
Rule 5 Pretrial diversion program
3. Prior to approval for participation in the Program, the pretrial services officer 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 the suggested terms of the diversion contract. While not binding on the trial judge, such comments and opinions, if any, may be considered by the trial judge in determining approval for participation in the Program.
4. Upon approval for participation in the 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. While such requests are not binding on the trial judge, they may be considered by the judge when approving the diversion contract.
7. All Program records and all statements made by a defendant to the diversion officer regarding the contract shall be privileged and confidential, and shall not be admissible or discoverable for any purpose. Such information shall be exempt from subpoena. However, Program staff, the trial judge and the chief district judge may access the information for purposes of Program review, monitoring and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.
1. Upon approval of participation in the Program, the defendant shall meet with a diversion officer to establish a formal contract which specifies the court-ordered conditions, the referral services to be used, the length of the contract, and, if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community service.
3. The Program participant shall be required to comply with all provisions of the diversion contract. If the Program participant fails to comply with the conditions of the contract, the diversion officer shall refer the participant to the trial judge for a determination of either termination or modification. The trial judge shall enter an order reflecting said determination. As with the original diversion contract, the participant must agree to the contract modifications, if any, prior to reinstatement. Upon termination for non-compliance, the county attorney may initiate prosecution of the defendant upon the original criminal charge(s).
4. A Program participant may terminate his/her contract, at any time, by submitting a written statement indicating same. Where termination is prior to the expiration of the contract period, the diversion officer shall notify the trial judge and refer the case to the county attorney for the resumption of prosecution.
5. Upon successful completion of the diversion contract, the charge(s) shall be formally and fully dismissed and all official records shall bear the notation that said charge(s) was dismissed with prejudice. The administrative record shall not be expunged, but, rather, will be retained in conformity with the Kentucky Court of Justice Records Retention Schedule.
Credits
HISTORY: Amended effective March 5, 2013.
Garrard and Jessamine District Court Rule 5, KY R GARRARD JESSAMINE DIST CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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