View Document - Kentucky Court Rules

Home Table of Contents

AP XIII, Sec. 10 Drug court participant requirements

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of JusticeEffective: March 1, 2023

Baldwin's Kentucky Revised Statutes Annotated

Administrative Procedures of the Court of Justice

Part XIII. Procedures for Drug Court

Effective: March 1, 2023

Administrative Procedures, AP XIII, Sec. 10

AP XIII, Sec. 10 Drug court participant requirements

Currentness

(1) Drug court shall consist of five (5) phases as follows:

(a) Phase I--stabilization;

(b) Phase II--treatment stabilization;

(d) Phase IV--self-motivation; and

(e) Phase V--continuing care.

The five (5) phases shall take a minimum of eighteen months (18) for felony defendants or fifteen (15) months for misdemeanor defendants to complete.

(2) Drug court participants shall adhere to the following minimum requirements during each phase:

(a) For Phase I, the participant shall:

i. Provide on average two (2) random urine drug/alcohol screens per week;

ii. Complete treatment assessment and begin treatment plan, as directed by the treatment provider;

iii. Create a case plan with the drug court team and begin working case plan;

iv. Attend all required court sessions;

iv. Obtain and/or maintain court-approved housing;

v. Attend at least one (1) weekly individual contact with drug court staff;

vi. Indicate an initial understanding of substance use disorder treatment;

vii. Attend a recovery support program; and

viii. Remain free from the nonmedically indicated use of intoxicating or addictive substances, including alcohol, cannabis (marijuana), and prescription medications, regardless of the licit or illicit status of the substance, for at least thirty (30) consecutive days before being considered for promotion to the next phase.

(b) For Phase II, the participant shall:

i. Provide on average two (2) random urine drug/alcohol screens per week;

ii. Follow all treatment recommendations, as directed by the treatment provider;

iii. Create a case plan with the drug court team and begin working case plan;

iv. Attend all required court sessions;

v. Obtain court-approved full-time employment, training, education, community service, or court-approved community engagement activities when ordered by the court;

vi. Maintain court-approved housing;

vii. Attend at least one (1) individual contact with drug court staff per week;

viii. Indicate an appropriate understanding of recovery principles;

ix. Attend a recovery support program; and

x. Remain free from the nonmedically indicated use of intoxicating or addictive substances, including alcohol, cannabis (marijuana), and prescription medications, regardless of the licit or illicit status of the substance, for the at least forty-five (45) consecutive days before being considered for promotion to the next phase.

i. Provide on average two (2) random urine drug/alcohol screens per week;

ii. Follow all treatment recommendations, as directed by the treatment provider;

iii. Create a case plan with the drug court team and begin working case plan;

iv. Attend all required court sessions;

v. Maintain court-approved full-time employment, training, education, community service, or court approved community engagement activities when order by the court;

vi. Maintain court-approved housing;

vii. Make arrangements to satisfy court costs, fees, or fines;

viii. Attend at least one (1) individual contact with drug court staff per week;

ix. Indicate an appropriate understanding of recovery;

x. Begin criminal thinking curriculum through the treatment provider;

xi. Establish prosocial activities--e.g. hobbies related to sports, exercise, art/music, reading, gardening, etc.;

xii. Establish a recovery support system; and

xiii. Remain free from the nonmedically indicated use of intoxicating or addictive substances, including alcohol, cannabis (marijuana), and prescription medications, regardless of the licit or illicit status of the substance, for sixty (60) consecutive days, before being considered for promotion to the next phase.

(d) For Phase IV, the participant shall:

i. Provide on average two (2) random urine drug/alcohol screens per week;

ii. Follow all treatment recommendations, as directed by the treatment provider;

iii. Create a case plan with the drug court team and begin working case plan;

iv. Attend all required court sessions;

iv. Maintain court-approved full-time employment, training, education, community service, or court approved community engagement activities when ordered by the court;

v. Maintain court-approved housing;

vi. Continue to satisfy court costs, fees, or fines;

vii. Attend at least one (1) individual contact with drug court staff every other week;

viii. Indicate an appropriate understanding of substance use disorder treatment;

ix. Engage in prosocial activities--e.g. hobbies related to sports, exercise, art/music, reading, gardening, etc.;

x. Attend a recovery support program; and

xi. Remain free from the nonmedically indicated use of intoxicating or addictive substances, including alcohol, cannabis (marijuana), and prescription medications, regardless of the licit or illicit status of the substance, for a total of ninety (90) consecutive days before being considered for promotion to the next phase.

(e) For Phase V, the participant shall:

i. Provide on average two (2) random urine drug/alcohol screens per week;

ii. Follow all treatment recommendations, as directed by the treatment provider;

iii. Create a case plan with the drug court team and begin working case plan;

iv. Attend all required court sessions;

v. Maintain court-approved full-time employment, training, education, community service, or court approved community engagement activities when ordered by the court;

v. Maintain court-approved housing;

vi. Continue to satisfy court costs, fees, or fines;

vii. Attend at least one (1) individual contact with drug court staff each month;

viii. Development of continuing care plan through treatment provider;

x. Maintain a recovery lifestyle;

xi. Maintain prosocial activities--e.g. hobbies related to sports, exercise, art/music, reading, gardening, etc.;

xii. Maintain a recovery support program; and

xiii. Remain free from the nonmedically indicated use of intoxicating or addictive substances, including alcohol, cannabis (marijuana), and prescription medications, regardless of the licit or illicit status of the substance, for at least ninety (90) to one hundred eighty (180) consecutive days in Phases 4 and 5 before program completion.

(3) Drug court participants, if ordered to do so, shall comply with additional requirements, such as support services, medical and/or mental health referrals, and subsequent treatment recommendations.

Credits

HISTORY: Amended by Order 2022-50, eff. 3-1-23; prior amendments eff. 5-21-18 (Order 2018-07), 7-1-17 (2017-06), 7-1-16 (Order 2016-04); 2-12-16 (Order 2016-02); 3-24-15 (Order 2015--5), 7-1-14 (2014-13), 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. 10, KY ST ADMIN P AP XIII, Sec. 10

Current with amendments received through June 1, 2024. Some sections may be more current, see credits for details.

End of Document