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AP XIII, Sec. 2 Definitions

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. 2
AP XIII, Sec. 2 Definitions
As used in these sections, unless the context otherwise requires:
(1) “Administrative discharge” means the discharge of a participant from drug court due to the participant's inability to complete drug court through no fault of their own.
(2) “Agreement of Participation” means the form prescribed for use by a drug court, which is the written agreement required to be signed by all potential drug court participants prior to their admission into drug court.
(3) “Administrative Office of the Courts (AOC)” means the administrative arm of the Kentucky Court of Justice and the agency authorized by the Kentucky Supreme Court to support specialty courts and administer and oversee their funding.
(4) “Best Practice Standards” means the standard elements necessary to create desired outcomes in specialty courts that are published by the National Association of Drug Court Professionals (NADCP) as posted in the Kentucky Court of Justice Specialty Courts SharePoint site.
(5) “Case plan” means a written document created in collaboration with AOC Specialty Courts staff that outlines a participant's goals, objectives, and actions to achieve goals. Referrals to complimentary treatment and social services are a vital part of a case plan.
(6) “Certification Board” means the eleven (11) members of the KCOJ that are appointed by the Chief Justice of the Supreme Court as set forth in Section 27 of these rules.
(7) “Certification pilot program” means a pilot program implemented by the Department of Specialty Courts and Certification Board for the purpose of ensuring consistent and uniform evidence-based practices are followed by specialty courts statewide.
(8) “Certification staff assessments” means observations made by Specialty Courts certification staff that are recorded on certification documents (such as site visit forms, etc.).
(9) “Department of Specialty Courts (AOC Specialty Courts)” means the department within the AOC that supports specialty courts and administers and oversee their funding.
(10) “Drug court” means a specialty court authorized by the Kentucky Supreme Court and administered by the AOC, which provides an alternative to conviction and/or incarceration for eligible defendants. A drug court shall combine supervision, drug testing, case management, judicial interaction, and treatment for drug court participants.
(11) “Drug court graduation” means the ceremony, public or private, acknowledging the successful completion of drug court.
(12) “Drug court judge” means a judge who, in addition to their regular judicial duties, volunteers to conduct drug court sessions and staffings, monitors and reviews the participants' progress in drug court, imposes sanctions and incentives, and facilitates other components of drug court. The drug court judge has the ultimate decision-making authority.
(13) “Drug court participant” means a defendant who has been admitted into a drug court.
(14) “Drug court session” means the scheduled appearance of the participant before the drug court judge, during which the progress of the participant is reviewed on the record and incentives may be granted or sanctions may be imposed.
(15) “Drug court staffing” means a meeting held by the drug court team, in person or electronically, for the purpose of discussing the participants' admission, progress, and/or termination.
(16) “Drug court team” means the non-adversarial group of individuals who promote public safety while acting in the best interest of the public and the participant and determine the appropriate responses for a participant's compliance or non-compliance with drug court requirements. While the drug court team determines appropriate responses for participant compliance or non-compliance, the drug court judge has the ultimate decision-making authority. The drug court team shall be comprised of the drug court judge, and Specialty Courts staff, law enforcement, prosecutor(s), defense counsel, and treatment provider(s). Optional members with each drug court may be representatives from the office of probation and parole, the circuit court clerk's office, the community, and other ancillary agencies. A quorum is not required for a staffing to proceed.
(17) “Eligibility assessment” means a standardized tool used by Specialty Courts staff to evaluate a defendant's risk and needs for purposes of determining whether a defendant is eligible for admission into a drug court.
(18) “Home visit” means the on-site appearance of Specialty Courts staff who are accompanied by either a law enforcement officer or another party, such as a probation and parole officer, peer support, another Specialty Courts staff, or others, at the participant's home for the purposes of identifying the participant's unmet needs.
(19) “Incentives” means tangible or intangible rewards earned by participants for positive steps taken toward attaining a drug-free, crime-free lifestyle, and engaging in prosocial activities. Incentives may include, but are not limited to, promotion to the next phase, certificates and tokens, decreased supervision, increased privileges and responsibilities, praise from the drug court judge and team, and other individual incentives approved by the drug court team.
(20) “Involuntary termination” means the termination of a participant from drug court by the drug court judge due to the participant's non-compliance with the drug court's requirements, rules, or conditions.
(21) “Justice system case processing” means the manner in which a case is processed within the Kentucky Court of Justice, as reflected in the current Kentucky Court of Justice case management system.
(22) “KCOJ” means the Kentucky Court of Justice.
(23) “Kentucky Specialty Courts Quality Assurance and Fidelity Model” means the AOC Standard utilized by Specialty Courts certification staff to ensure a drug court encompasses the ten key components contained in Section 3 of these rules and operates within the standards of a specialty court.
(24) “Notice of Defendant Referral Status” means the form provided to the referring judge following the defendant's assessment wherein a determination of eligibility or ineligibility for admission to drug court has been made.
(25) “Phase” means a set of minimum and distinct criteria required of a drug court participant.
(26) “Prosocial activities” means events, actions, or behaviors that provide an opportunity for participants to engage in healthy, supportive activities.
(27) “Recovery support program” means the nonclinical services that support individuals in recovery, including but not limited to mutual aid support groups.
(28) “Referring judge” means the judge who refers a defendant to drug court.
(29) “Sanctions” means the range of consequences imposed for the participant's failure to comply with the requirements or other conditions of drug court, which are appropriate, individualized, consistent and immediately applied. Sanctions may include, but are not limited to, admonishments from the judge, community service, home incarceration, imprisonment in a detention facility, or termination from drug court.
(30) “Sentencing judge” means the judge who sentences the defendant in the underlying court case; they may also be the referring judge.
(31) “Specialty court” means the generic term for a treatment court operated under the umbrella of AOC Specialty Courts and does not refer to a specific type of treatment court, such as drug court, veteran's treatment court, or mental health court.
(32) “Specialty Courts certification staff” means personnel employed by AOC Specialty Courts who are responsible for overseeing the certification process of specialty courts.
(33) “Specialty Courts staff” means personnel employed by AOC Specialty Courts who perform the daily operations of a specialty court, including but not limited to, conducting eligibility reviews and assessments, providing case management for participants, attending drug court staffings and sessions, and coordinating drug testing.
(34) “Suspended status” means a temporary stay of participation in the drug court program imposed by the drug court judge if the participant cannot meet the drug court requirements and/or it becomes impracticable for a participant to be supervised by Specialty Courts staff.
(35) “Treatment plan” means an individualized written document created by a licensed or certified treatment provider, in collaboration with the drug court participant, that outlines the proposed goals, plan, and methods of therapy.
(36) “Treatment provider” means an individual or agency licensed or certified to provide substance use or mental health treatment and counseling as recognized by Specialty Courts and under agreement or memorandum of understanding (MOU) with the AOC to provide such treatment and counseling to drug court participants. Mutual aid support groups are not “treatment providers” under these rules.


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. 2, KY ST ADMIN P AP XIII, Sec. 2
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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