Addendum 1 Class D Felony Pretrial Diversion Protocol
Baldwin's Kentucky Revised Statutes Annotated50th Judicial Circuit - Boyle and Mercer Circuit Court
KY RBMC Add. 1
Addendum 1 Class D Felony Pretrial Diversion Protocol
COMMONWEALTH OF KENTUCKY
50TH JUDICIAL CIRCUIT
MERCER CIRCUIT COURT
BOYLE CIRCUIT COURT
Pretrial diversion is the postponement of imposition of sentence upon any person who qualifies for this program, subject to certain conditions, for a period of time not to exceed five (5) years subject to certain conditions established by the Court.
A. Any person charged with a Class D felony, who has not had a felony conviction in the ten (10) years prior to commission of the current offense, or who has not been on felony probation or parole or released from felony incarceration within the ten (10) years prior to commission of the current offense, shall be eligible for pretrial diversion.
NOTE: [The Commonwealth will be bound by its recommendation. In the event diversion is unsuccessful, the Commonwealth will not be permitted to argue for a sentence in excess of the original recommendation. Moreover, the Court cannot impose a sentence greater than the recommendation without first allowing the defendant the opportunity to withdraw the plea.]
A. The Court may, in its discretion, order a pre-sentence investigation by the Department of Corrections prior to the granting of an order for pretrial diversion for eligible petitioners upon terms and conditions it deems appropriate. AOC Form 346, styled Order Granting Pretrial Diversion of a Class D Felony may be utilized by the Court.
5. As required by KRS 533.030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.
A. After a hearing, with notice to the Commonwealth and the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress. [AOC Form 347, styled Order Voiding Pretrial Diversion of a Class D Felony, is available for this purpose.]
C. 1. Under KRS 533.256(2), the same criteria applicable to a probation revocation hearing applies to a proceeding to void an order granting diversion. Pursuant to KRE 1101(d)(5), the Rules of Evidence are inapplicable in miscellaneous proceedings such as those revoking probation. A proceeding to determine whether an order granting diversion should be voided also constitutes a miscellaneous proceeding and therefore the Rules of Evidence are inapplicable to such hearings.
If the defendant successfully completes the provisions of the pretrial diversion agreement, the charges against the defendant shall be dismissed. NOTE: The successful completion of a diversion contract does not result in automatic expungement of a criminal charge under KRS 431.076.
Credits
HISTORY: Amended effective October 31, 2007.
Boyle and Mercer Circuit Court Add. 1, KY R BOYLE CIR CT Add. 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document |