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AP XIII, Sec. 1 Definitions

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part XIII. Procedures for Drug Court
Administrative Procedures, AP XIII, Sec. 1
AP XIII, Sec. 1 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 his/her own.
(2) “Aftercare” means the time period following successful completion of Phase III of the drug court requirements, during which the participant shall demonstrate the ability to maintain a drug-free, alcohol-free and crime-free lifestyle and may continue to receive treatment and other supportive services. For felony drug courts, aftercare is 180 days and for misdemeanor drug courts, a minimum of 90 days.
(3) “Agreement of Participation” means the written agreement required to be signed by all potential drug court participants prior to the determination of eligibility for drug court.
(4) “AOC Drug Court Executive Officer” means the AOC employee appointed by the AOC Director to support drug court and administer and oversee its funding.
(5) “AOC” means the Administrative Office of the Courts, the agency authorized by the Kentucky Supreme Court to support drug court and administer and oversee its funding.
(6) “Approved local diversion procedures” means pretrial diversion procedures authorized by the Kentucky Supreme Court within each judicial circuit.
(7) “COJ” means the Court of Justice.
(8) “Drug court graduation” means the public ceremony acknowledging the successful completion of Phases I, II and III of drug court. Aftercare may be required in some drug courts prior to graduation.
(9) “Drug court judge” means a judge who, in addition to his/her regular judicial duties, conducts drug court sessions and staffings, monitors and reviews the participant's progress in the drug court program, imposes sanctions and incentives, and facilitates other components of the drug court program.
(10) “Drug court program” means any program authorized and administered by the Kentucky Supreme Court which provides an alternative to incarceration in cases which stem from substance abuse or dependence. A drug court shall combine supervision, drug testing, case management, judicial interaction and treatment for drug court participants.
(11) “Drug court staff” means personnel hired and employed by the AOC Drug Court Department who perform the daily operations of drug court, including but not limited to, conducting eligibility assessments, providing case management for participants, attending drug court staffings and sessions, and coordinating drug testing.
(12) “Drug court team” means the non-adversarial group that promotes public safety while acting in the best interest of the public and the participant, and determines 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. For adult drug courts, the drug court team shall be comprised of the drug court judge, and drug court staff, and should include 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.
(13) “Eligibility Assessment” means a tool used by drug court staff to evaluate drug use history, legal/criminal history, mental/physical health history, family history, and educational/employment history, for purposes of determining whether a defendant will be considered for admission into drug court.
(14) “Eligible offenses” means drug or drug-related offenses, excluding violent offenses and sexual offenses.
(15) “Home visit” means the on-site appearance of drug court staff who are accompanied by a law enforcement or probation and parole officer at the participant's home for the purposes of verifying stable, drug-free housing and curfews, among other verifiers.
(16) “Incentives” means tangible or intangible rewards earned by participants for positive steps taken toward attaining a drug-free, crime-free lifestyle, and 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, extended curfews, and other individual incentives approved by the drug court team.
(17) “Involuntary termination” means the termination of a participant from drug court by the drug court judge due to the participant's noncompliance with drug court's requirements, rules, or conditions.
(18) “Justice system case processing” means the manner in which a case is processed within the Kentucky COJ, as reflected in KyCourts II or the current COJ case management system.
(19) “Notice of Defendant Referral Status” means the document provided to the sentencing judge following the defendant's assessment wherein a determination of eligibility or ineligibility for admission to drug court has been made.
(20) “Non-AOC support personnel” means interns and volunteers, including but not limited to, other staff supplied by a city or county office or official not employed by the AOC Drug Court Department who work with the drug court.
(21) “Phase” means a set of minimum and distinct criteria required of a drug court participant.
(22) “Recovery program” means a long-term residential program for participants seeking recovery from alcohol or other drugs, which provides a setting for non-medical detoxification and utilizes peer-counseling and other counseling techniques.
(23) “Referring judge” means the judge who refers a defendant to drug court.
(24) “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, consistent and immediately applied. Sanctions may include, but are not limited to, admonishments from the judge, residential drug treatment, community service, phase demotion, increased group sessions, home incarceration, imprisonment in a detention facility, or termination from drug court.
(25) “Sentencing judge” means the judge who sentences the defendant in the underlying criminal case; he/she may also be the referring judge.
(26) “Session” means the scheduled appearance of the participant before the drug court judge, during which the progress of the participant is reviewed and incentives may be granted or sanctions imposed.
(27) “Staffing” means meetings held by the drug court team prior to a drug court program session, for the purpose of discussing the participants' progress.
(28) “Suspension” means a temporary stay of participation in the drug court program imposed by the drug court judge, during which time no credit is earned toward the completion of the three drug court phases.
(29) “Temporary inactive” means the status of a participant in drug court who is unable to meet drug court requirements on a short-term basis, excluding reasons of inpatient treatment or incarceration. The participant is temporarily released from drug court supervision pursuant to a judge's order and shall resume participation and supervision when the circumstance is resolved.
(30) “Transfer for all further proceedings” means a transfer of the underlying criminal case to the drug court judge for both drug court proceedings and all further criminal proceedings.
(31) “Treatment provider” means an individual or agency licensed or certified to provide treatment and counseling to drug court participants as specified by the AOC Drug Court Department.
(32) “Violent Offender” as defined by federal regulation 28 C.F.R 93.3 means an offender who either is currently charged with or convicted of an offense during the course of which: 1) The person carried, possessed, or used a firearm or other dangerous weapon; or there occurred the use of force against the person of another; or there occurred the death of or serious bodily injury to any person; with or without regard to whether proof of any of the elements described herein is required to convict; or 2) has previously been convicted of a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.
(33) “Voluntary termination” means the termination by the drug court judge of a participant from drug court at the participant's request, but only after a determination has been made that the request was knowingly and voluntarily made.

Credits

HISTORY: Amended by Order 2016-02, eff. 2-12-16; prior amendments eff. 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. 1, KY ST ADMIN P AP XIII, Sec. 1
Current with amendments received through January 15, 2020.
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