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AP XIII, Sec. 16 Involuntary termination

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. 16
AP XIII, Sec. 16 Involuntary termination
(1) The Specialty Courts staff or drug court team may make a verbal recommendation to the drug court judge to terminate a participant due to the participant's non-compliance. If the drug court judge agrees to review the recommendation of termination, Specialty Courts staff shall complete an Affidavit of Violations, requesting the drug court judge terminate the participant from drug court. If the drug court judge decides termination is appropriate, a Notice of Termination shall be completed. The participant shall be notified of their termination during the drug court session, unless the participant has absconded as provided in subsection (2) of this Section.
(2) If a participant has absconded for a period of at least fifteen (15) days, the drug court judge may sign a Notice of Termination without the participant being notified and present during the drug court session.
(3) Upon entry of the Notice of Termination, the case shall be assigned to the appropriate circuit or district court judge or venue shall be transferred as provided in Section 9 for further proceedings.
(4) The Notice of Termination shall be filed in the official record.
(5) All participants listed as “suspended-absconded” shall be reviewed monthly with the drug court judge and drug court team.

Credits

HISTORY: Amended by Order 2022-50, eff. 3-1-23; prior amendments eff. 2-12-16 (Order 2016-02), 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. 16, KY ST ADMIN P AP XIII, Sec. 16
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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