KRS § 218A.276 — KY Code / Title XVIII / Chapter 218A / Section 218A.276
218A.276 Assessment and treatment program for possessors of marijuana, synthetic drugs, or salvia -- Rescission of treatment order -- Voiding of conviction -- Sealing of records
Status: in_force

218A.276 Assessment and treatment program for possessors of marijuana,

synthetic drugs, or salvia -- Rescission of treatment order -- Voiding of

conviction -- Sealing of records.

(1) A court may request the Division of Probation and Parole to perform a risk and

needs assessment for any person found guilty of possession of marijuana pursuant to

KRS 218A.1422, synthetic drugs pursuant to KRS 218A.1430, or salvia pursuant to

KRS 218A.1451. The assessor shall make a recommendation to the court as to

whether treatment is indicated by the assessment, and, if so, the most appropriate

treatment or recovery program environment. If treatment is indicated for the person,

the court may order him or her to the appropriate treatment or recovery program as

indicated by the assessment that will effectively respond to the person's level of

risk, criminal risk factors, and individual characteristics as designated by the

secretary of the Cabinet for Health and Family Services where a program of

treatment or recovery not to exceed ninety (90) days in duration may be prescribed.

The person ordered to the designated treatment or recovery program shall present

himself or herself for registration and initiation of the treatment or recovery

program within five (5) days of the date of sentencing. If, without good cause, the

person fails to appear at the designated treatment or recovery program within the

specified time, or if any time during the program of treatment or recovery

prescribed, the authorized director of the treatment or recovery program finds that

the person is unwilling to participate in his or her treatment, the director shall notify

the sentencing court. Upon receipt of notification, the court shall cause the person to

be brought before it and may continue the order of treatment, or may rescind the

treatment order and impose a sentence for the possession offense. Upon discharge

of the person from the treatment or recovery program by the secretary of the Cabinet

for Health and Family Services, or his or her designee, prior to the expiration of the

ninety (90) day period or upon satisfactory completion of ninety (90) days of

treatment, the person shall be deemed finally discharged from sentence. The

secretary, or his or her designee, shall notify the sentencing court of the date of such

discharge from the treatment or recovery program.

(2) The secretary of the Cabinet for Health and Family Services, or his or her designee,

shall inform each court of the identity and location of the treatment or recovery

program to which a person sentenced by that court under this chapter shall be

initially ordered.

(3) In the case of a person ordered to an inpatient facility for treatment pursuant to this

chapter, transportation to the facility shall be provided by order of the court when

the court finds the person unable to convey himself or herself to the facility within

five (5) days of sentencing by reason of physical infirmity or financial incapability.

(4) The sentencing court shall immediately notify the designated treatment or recovery

program of the sentence and its effective date.

(5) The secretary of the Cabinet for Health and Family Services, or his or her designee,

may authorize transfer of the person from the initially designated treatment or

recovery program to another treatment or recovery program for therapeutic

purposes. The sentencing court shall be notified of termination of treatment by the

terminating treatment or recovery program and shall be notified by the secretary or

his or her designee of the new treatment or recovery program to which the person

was transferred.

(6) Responsibility for payment for treatment services rendered to persons pursuant to

this section shall be as under the statutes pertaining to payment by patients and

others for services rendered by the Cabinet for Health and Family Services, unless

the person and the treatment or recovery program shall arrange otherwise.

(7) None of the provisions of this section shall be deemed to preclude the court from

exercising its usual discretion with regard to ordering probation, presumptive

probation, or conditional discharge.

(8) In the case of any person who has been convicted of possession of marijuana,

synthetic drugs, or salvia, the court may set aside and void the conviction upon

satisfactory completion of treatment, probation, or other sentence, and issue to the

person a certificate to that effect. A conviction voided under this subsection shall

not be deemed a first offense for purposes of this chapter or deemed a conviction for

purposes of disqualifications or disabilities imposed by law upon conviction of a

crime.

(9) If the court voids a conviction under this section, the court shall order the sealing of

all records in the custody of the court and any records in the custody of any other

agency or official, including law enforcement records, except as provided in KRS

27A.099. The court shall order the sealing on a form provided by the Administrative

Office of the Courts. Every agency with records relating to the arrest, charge, or

other matters arising out of the arrest or charge that is ordered to seal records, shall

certify to the court within sixty (60) days of the entry of the order that the required

sealing action has been completed.

(10) After the sealing of the record, the proceedings in the matter shall not be used

against the defendant. The court and other agencies shall reply to any inquiry that no

record exists on the matter. The person whose record is sealed shall not have to

disclose the fact of the record or any matter relating thereto on an application for

employment, credit, or other type of application.

(11) Inspection of the sealed records may thereafter be permitted by the court or upon a

motion by the person who is the subject of the records and only to those persons

named in the motion.