KRS § 533.250 — KY Code / Title L / Chapter 533 / Section 533.250
533.250 Pretrial diversion program in each judicial circuit -- Elements -- Fee
Status: in_force

533.250 Pretrial diversion program in each judicial circuit -- Elements -- Fee.

(1) A pretrial diversion program shall be operated in each judicial circuit. The chief

judge of each judicial circuit, in cooperation with the Commonwealth's attorney,

shall submit a plan for the pretrial diversion program to the Supreme Court for

approval on or before December 1, 1999. The pretrial diversion program shall

contain the following elements:

(a) The program may be utilized for a person charged with a Class D felony

offense who has not, within ten (10) years immediately preceding the

commission of this offense, been convicted of a felony under the laws of this

state, another state, or of the United States, or has not been on probation or

parole or who has not been released from the service of any felony sentence

within ten (10) years immediately preceding the commission of the offense;

(b) The program shall not be utilized for persons charged with offenses for which

probation, parole, or conditional discharge is prohibited under KRS 532.045;

(c) No person shall be eligible for pretrial diversion more than once in a five (5)

year period;

(d) No person shall be eligible for pretrial diversion who has committed a sex

crime as defined in KRS 17.500. A person who is on pretrial diversion on July

12, 2006, may remain on pretrial diversion if the person continues to meet the

requirements of the pretrial diversion and the registration requirements of

KRS 17.510;

(e) Any person charged with an offense not specified as precluding a person from

pretrial diversion under paragraph (b) of this subsection may apply in writing

to the trial court and the Commonwealth's attorney for entry into a pretrial

diversion program;

(f) Any person shall be required to enter an Alford plea or a plea of guilty as a

condition of pretrial diversion;

(g) The provisions of KRS 533.251 shall be observed; and

(h) The program may include as a component referral to the intensive secured

substance abuse treatment program developed under KRS 196.285 for persons

charged with a felony offense under KRS Chapter 218A and persons charged

with a felony offense whose record indicates a history of recent and relevant

substance abuse who have not previously been referred to the program under

KRS 533.251.

(2) Upon the request of the Commonwealth's attorney, a court ordering pretrial

diversion may order the person to:

(a) Participate in a global positioning monitoring system program through the use

of a county-operated program pursuant to KRS 67.372 and 67.374 for all or

part of the time during which a pretrial diversion agreement is in effect; or

(b) Use and pay all costs, including administrative and operating costs, associated

with the alcohol monitoring device as defined in KRS 431.068. If the court

determines that the defendant is indigent, and a person, county, or other

organization has not agreed to pay the costs for the defendant in an attempt to

reduce incarceration expenses and increase public safety, the court shall

consider other conditions of pretrial diversion.

(3) A court ordering global positioning monitoring system for a person pursuant to this

section shall:

(a) Require the person to pay all or a part of the monitoring costs based upon the

sliding scale determined by the Supreme Court of Kentucky pursuant to KRS

403.761 or 456.100 and administrative costs for participating in the system;

(b) Provide the monitoring system with a written or electronic copy of the

conditions of release; and

(c) Provide the monitoring system with a contact at the office of the

Commonwealth's attorney for reporting violations of the monitoring order.

(4) A person, county, or other organization may voluntarily agree to pay all or a portion

of a person's monitoring costs specified in subsection (3) of this section.

(5) The court shall not order a person to participate in a global positioning monitoring

system program unless the person agrees to the monitoring in open court or the

court determines that public safety and the nature of the person's crime require the

use of a global positioning monitoring system program.

(6) The Commonwealth's attorney shall make a recommendation upon each application

for pretrial diversion to the Circuit Judge in the court in which the case would be

tried. The court may approve or disapprove the diversion.

(7) The court shall assess a diversion supervision fee of a sufficient amount to defray

all or part of the cost of participating in the diversion program. Unless the fee is

waived by the court in the case of indigency, the fee shall be assessed against each

person placed in the diversion program. The fee may be based upon ability to pay.