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AP XIII, Sec. 6 Eligibility review and assessment process for drug court

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. 6
AP XIII, Sec. 6 Eligibility review and assessment process for drug court
(1) If a defendant was referred for an eligibility review and assessment consistent with Section 5 of these rules, drug court staff shall thoroughly explain the drug court process and the Agreement of Participation to the defendant. The defendant may be required to sign the Agreement of Participation with or without the presence of their attorney. If a defendant refuses to sign the Agreement of Participation, drug court staff shall notify the referring judge. Initial refusal by the defendant to sign the Agreement of Participation may render them ineligible for participation in drug court.
(2) Upon execution of the non-waiver portions of the Agreement of Participation, drug court staff shall complete an assessment. After completing the assessment, drug court staff shall complete a Notice of Referral Status. The assessment, Notice of Referral Status, 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.
(3) Eligibility of a defendant referred to drug court shall be based on the following:
(a) Empirical evidence indicating which types of offenders can be treated safely and effectively in drug court, using evidence-based assessment tools and procedures; and
(b) Ensuring individuals who have historically experienced sustained discrimination or reduced social opportunities because of their race, ethnicity, gender, sexual orientation, sexual identity, physical or mental disability, religion, or socioeconomic status receive the same opportunities as other individuals to participate and succeed in the drug court.
(4) Consequences of successful completion of drug court will be detailed prior to the defendant's admission into drug court and noted on the assessment form.

Credits

HISTORY: Amended by Order 2022-50, eff. 3-1-23; prior amendments eff. 2-12-16 (Order 2016-02), 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 June 1, 2023. Some sections may be more current, see credits for details.
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