AP XIII, Sec. 2 Definitions
Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of JusticeEffective: March 1, 2023
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:
(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.
(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.
(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.
(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.
(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.
(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.
(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 June 1, 2023. Some sections may be more current, see credits for details.
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