KRS 189A.040: Alcohol or substance abuse treatment and education programs --

Sentencing offenders to programs -- Regulation of programs -- Medicaid-

eligible defendants -- Appeals of decisions regarding licensure of education and

treatment facilities and programs.

(1) In addition to any other penalty prescribed by KRS 189A.010(5)(a) or (6), the court

shall sentence the person to attend an alcohol or substance abuse education or

treatment program subject to the following terms and conditions for a first offe nder

or a person convicted under KRS 189A.010(1)(f):

(a) The treatment or education shall be for a period of ninety (90) days and the

program shall provide an assessment of the defendant's alcohol or other

substance abuse problems, which shall be performed at the start of the

program;

(b) Each defendant shall pay the cost of the education or treatment program up to

his ability to pay but no more than the actual cost of the treatment;

(c) Upon written report to the court by the administrator of the program t hat the

defendant has completed the program recommended by the administrator

based upon the assessment of the defendant, the defendant shall be released

prior to the expiration of the ninety (90) day period; and

(d) Failure to complete the education or tre atment program or to pay the amount

specified by the court for education or treatment shall constitute contempt, and

the court shall, in addition to any other remedy for contempt, reinstitute all

penalties which were previously imposed but suspended or del ayed pending

completion of the education or treatment program.

(2) In addition to any other penalty prescribed by KRS 189A.010(5)(b), the court shall

sentence the person to an alcohol or substance abuse treatment program subject to

the following terms and conditions for a second offender:

(a) The sentence shall be for a period of one (1) year and the program shall

provide an assessment of the defendant's alcohol or other substance abuse

problems, which shall be performed at the start of the program;

(b) Each defendant shall pay the cost of the treatment program up to his ability to

pay but no more than the actual cost of the treatment;

(c) Upon written report to the court by the administrator of the program that the

defendant has completed the program recomm ended by the administrator

based upon the assessment of the defendant, the defendant may be released

prior to the expiration of the one (1) year period; and

(d) Failure to complete the treatment program or to pay the amount specified by

the court for treat ment shall constitute contempt of court and the court shall,

in addition to any other remedy for contempt, reinstitute all penalties which

were previously imposed but suspended or delayed pending the completion of

the treatment program.

(3) In addition to any other penalty prescribed by KRS 189A.010(5)(c) or (d), the court

shall sentence the person to an alcohol or substance abuse treatment program

subject to the following terms and conditions for a third or subsequent offender:

(a) The sentence shall be fo r a period of one (1) year and the program shall

provide an assessment of the defendant's alcohol or other substance abuse

problems, which shall be performed at the start of the program. The program

may be an inpatient or residential-type program;

(b) Each defendant shall pay the cost of the treatment program up to his ability to

pay but no more than the actual cost of the program;

(c) A defendant, upon written recommendation to the court by the administrator

of the program, may be released from the inpatie nt or residential program

prior to the expiration of one (1) year but shall be retained in the program on

an outpatient basis for the remainder of the year period; and

(d) Failure to complete the treatment program or to pay the amount specified by

the court for treatment shall constitute contempt of court, and the court shall,

in addition to any other remedy for contempt, reinstitute all penalties which

were previously imposed but suspended or delayed pending completion of the

treatment program.

(4) Costs of treatment or education programs which are paid from the service fee

established by KRS 189A.050, or from state or federal funds, or any combination

thereof, shall be deducted from the amount which the defendant must pay.

(5) For defendants who are Medicaid -eligible, alcohol or substance abuse treatment

under this section shall be authorized by the Department for Medicaid Services and

its contractors as Medicaid -eligible se rvices and shall be subject to the same

medical necessity criteria and reimbursement methodology as for all other covered

behavioral health services.

(6) For the purposes of this section, "treatment" means service in an alcohol or

substance abuse education or treatment program or facility licensed, regulated, and

monitored by the Cabinet for Health and Family Services for services as required

under this section.

(7) The Cabinet for Health and Family Services shall promulgate administrative

regulations for t he licensure of education and treatment facilities and programs for

offenders receiving education or treatment under this section. The criteria developed

by the Cabinet for Health and Family Services shall include:

(a) Manner of assessment;

(b) Appropriate education and treatment plans; and

(c) Referrals to other treatment providers.

(8) The participating facilities and programs shall be required to abide by these

standards and shall report completion to the Transportation Cabinet. Upon request,

the facility or program shall report to the courts regarding the progress of offenders

being treated pursuant to this section.

(9) Administrative decisions regarding the licensure of education and treatment

facilities and programs may be appealed, and upon appeal an administrative hearing

shall be conducted in accordance with KRS Chapter 13B.