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AP XIII, Sec. 28 Drug court certification process

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of JusticeEffective: March 1, 2023

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part XIII. Procedures for Drug Court
Effective: March 1, 2023
Administrative Procedures, AP XIII, Sec. 28
AP XIII, Sec. 28 Drug court certification process
Currentness
(1) Drug courts participating in the certification pilot program shall fulfill all certification requirements established by the Certification Board.
(2) No drug court may be certified unless it is recommended for certification by the Certification Board.
(3) Each drug court judge participating in the certification pilot program will submit a certification application for review of local program operations. This will include all components referenced within the Kentucky Specialty Courts Quality Assurance and Fidelity Model.
(a) If a judge seeks to participate in the certification pilot program, Specialty Courts certification staff will work in tandem with the judge to complete the application process, to identify opportunities, and to identify and overcome any barriers.
(b) If a drug court participating in the certification pilot program is not yet certified and/or has new judicial leadership, Specialty Courts certification staff will consult with the drug court judge and drug court team to discuss their intent to apply for certification and the application process.
(c) If a certified drug court undergoes new judicial leadership, Specialty Courts certification staff will consult with the drug court judge and drug court team to discuss their intent to maintain certification, pending the next certification review.
(4) Specialty Courts certification staff will initiate a meeting with the drug court judge and Specialty Courts staff to obtain necessary information after an application is submitted.
(5) Specialty Courts certification staff shall provide a final report to the Certification Board for review and consideration in support of certification. The final report shall include:
(a) A review of the drug court's compliance with these rules, Memorandums of Agreement (MOAs), Memorandums of Understanding (MOUs), and various fiscal considerations, such as, drug testing, treatment supports, and Medicaid/insurance applications;
(b) A summary of Best Practice Standards implemented by the drug court;
(c) Any specialty court highlights, innovative approaches, and/or exemplary practices;
(d) All areas of concern regarding Best Practice Standards established by these rules;
(e) Recommendations for technical assistance, training, and areas of improvement;
(f) A summary of the observation tool findings; and
(g) Any additional observations or recommendations.
(6) The Certification Board will review the Final Report and submit a recommendation to the Chief Justice.
(7) The Chief Justice will make a determination of certification.
a. If approved, the Chief Justice will issue an order of certification;
b. If an improvement plan is necessary, the Specialty Courts certification staff will collaborate with the drug court judge and Specialty Courts staff to develop the plan and resubmit for certification.
(8) Compliance with these rules, certification criteria, and the Best Practice Standards shall be reviewed every three (3) years through internal mechanisms including peer reviews and Specialty Courts certification staff assessments. Information gleaned from those reviews and assessments will be used to assist with evaluations of local specialty court outcomes. A report of all drug court certification reviews will be compiled and provided to the Certification Board.

Credits

HISTORY: Adopted by Order 2022-50, eff. 3-1-23
Administrative Procedures, AP XIII, Sec. 28, KY ST ADMIN P AP XIII, Sec. 28
Current with amendments received through June 1, 2024. Some sections may be more current, see credits for details.
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