KRS 196.285: Intensive secured substance abuse recovery program.

(1) The department shall develop an intensive secured substance abuse recovery

program utilizing existing resources or by contract to house and care for persons

suffering from substance abuse who have been charged with a felony offense.

(2) The program shall accept persons referred to it under KRS 533.250 and 533.251.

(3) Persons may agree to be ordered into the program for a period of not less than

ninety (90) days and not more than three hundred sixty -five (365) days. No person

shall be involuntarily ordered into the program, a commitment shall not occur

before the court has considered an evaluation of the defendant's treatment needs and

conducted a hearing where the defendant may appear with counsel with an

opportunity to present evidence on his or her own be half, and persons in the

program may petition the court to review the program's determination as to the

length of time the person is to remain in the program or to issue an order to leave

the program, which the court shall grant upon request, at any time. However, that

departure shall constitute a material breach of any agreement to hold the person's

case in abeyance or of the person's pretrial diversion agreement. The court shall

revoke a defendant's program commitment over the defendant's objection prior to

the expiration of the commitment period only pursuant to an order of the

committing court issued after the court has conducted a hearing on the matter where

the defendant may appear with counsel and present evidence on his or her behalf.

(4) The department shall locate the program in a secure facility with security standards

comparable to those found in a minimum security correctional institution operated

by the department.

(5) The program shall be capable of concurrently housing no fewer than two hundre d

(200) persons. The department shall have regulatory authority, when the program is

at or near capacity, to prioritize admissions to the program.

(6) The program's recovery component shall be designed to serve the committed

person's substance abuse condit ion, and to provide the person with the skills and

training needed to prevent the person from engaging in substance abuse upon

release from the program. The program shall provide each person leaving the

program with an aftercare plan, which shall include a referral to a local substance

abuse provider capable of providing a level of continuing substance abuse care

appropriate to the released person's needs. In designing the program, the department

shall consult with and may contract with the Division of Behavioral Health.