Appendix B Pre-trial diversion
Baldwin's Kentucky Revised Statutes Annotated12th Judicial District - Henry, Oldham and Trimble District Courts
KY HOTD App. B
Appendix B Pre-trial diversion
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:
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.
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.
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.
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.
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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