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Appendix B Pre-trial diversion

Baldwin's Kentucky Revised Statutes Annotated12th Judicial District - Henry, Oldham and Trimble District Courts

Baldwin's Kentucky Revised Statutes Annotated
12th Judicial District - Henry, Oldham and Trimble District Courts
KY HOTD App. B
Appendix B Pre-trial diversion
I. ELIGIBILITY REQUIREMENTS
A. All persons charged in District Court with the commission of a misdemeanor or violation shall be eligible for participation in the Administrative Office of the Courts' Pretrial Services Diversion Program (Program), as an alternative to criminal prosecution, subject to the following conditions and exceptions:
1. The charge of KRS Chapter 189A shall not be diverted.
2. A felony charge shall not be diverted.
3. The County Attorney and the defendant must consent to participation in the Program. If the county attorney refuses to consent to a defendant's participation in the program, he or she shall state on the record the reasons therefor.
4. No person shall be eligible for pretrial diversion more than once in a five (5) year period.
5. Where reasons of an extraordinary nature are presented which warrant consideration of a person for participation in the Program, notwithstanding his/her lack of eligibility by virtue of one or more of the above set out exclusions, that person may be considered eligible for participation in the Program by the trial judge.
B. Nothing in this rule shall be deemed to limit the authority of the county attorney to withdraw criminal prosecution in any given case.
II. PARTICIPATION
A. Upon the consent of both the county attorney and the defendant, the trial judge shall approve participation in the Program for any individual who meets the eligibility requirements established in Section I above unless the trial judge, in his or her discretion believes that:
1. There is a substantial risk that the defendant will abscond from the jurisdiction of the Court prior to fulfillment of the terms of the diversion contract.
2. There is a substantial risk that the defendant will commit another crime prior to fulfillment of the terms of the diversion contract.
3. The defendant is in need of correction treatment that can be provided most effectively by commitment to the county jail or a suspended jail sentence.
4. Participation in the Program would unduly depreciate the seriousness of the defendant's alleged crime.
B. Upon approval for participation in the Program, the defendant must sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.
C. All persons participating in a pretrial diversion program shall be required to enter an Alford plea or a plea of guilty as a condition of such participation.
D. All Program records and all statements made by a defendant to the diversion officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and, shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring, and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.
E. The fee for participation in the Program shall be in the amount as established by the Administrative Office of the courts. The diversion officer may assess the fee on a sliding scale based upon ability to pay or waive the fee entirely in the case of indigence.
III. THE DIVERSION CONTRACT
A. Referral to Pretrial Services
1. Upon referral to the Program, the defendant shall meet with a diversion officer to establish a formal contract which species the court ordered conditions, the referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution or perform community services. The Contract shall commences upon approval by the trial judge.
2. Following completion of the diversions contract, the diversion officer shall submit a pretrial report and the contract for approval to trial judge. The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.
B. Individual contract lengths shall be determined by the trial judge not to exceed twenty-four (24) months.
C. the program participant shall be required to comply with all provisions of the diversion contract. If the program participant fails to comply with the condition of the contract, the diversion officer shall refer the participant to the trial judge for an order reflecting said determination. As with the original diversion contract, the participation must agree to the contract modifications, if any, prior to reinstatement. Upon termination for non-compliance, the County Attorney may re-initiate prosecution of the defendant upon the original charge(s).
D. A program Participant may terminate the contract at any time by submitting a written statement to the diversion officer or the trial judge. Where termination is prior to expiration of the contract period, the diversion officer shall refer the case to the County Attorney for resumption of prosecution.
E. Upon successful completion of the diversion contract, the charge subject to the contract shall be dismissed, and all official records shall bear the notation “dismissed-diverted”.
IV. COUNTIES
The Administrative Office of the Courts Pretrial Services Diversion Program shall begin initially in Oldham County. As the need or circumstances dictate, the Program may be extended to Henry and Trimble Counties by the Court.
Henry, Oldham and Trimble District Court App. B, KY R HENRY DIST CT App. B
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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