KRS 218A.14151: Deferred prosecution program for first and second offenders of KRS

218A.1415.

(1) A defendant charged with his or her first or second offense under KRS 218A.1415

may enter a deferred prosecution program subject to the following provisions:

(a) The defendant requests deferred prosecution in writing on an application

created under KRS 27A.099, and the prosecutor agrees;

(b) The defendant shall not be required to plead guilty or enter an Alford plea as a

condition of applying for participation in the deferred prosecution program;

(c) The defendant agrees to the terms and conditions set forth by the

Commonwealth's attorney and approved by the court, which may include any

provision authorized for pretrial diversion pursuant to KRS 533.250(1)(h) and

(2); and

(d) The maximum length of participation in the program shall be two (2) years.

(2) If a prosecutor denies a defendant's request to enter a deferred prosecution program,

the prosecutor shall state on the record the substantial and compelling reasons wh y

the defendant cannot be safely and effectively supervised in the community, is not

amenable to community-based treatment, or poses a significant risk to public safety.

(3) If the defendant successfully completes the deferred prosecution program, the

charges against the defendant shall be dismissed, and all records relating to the case,

including but not limited to arrest records and records relating to the charges, shall

be sealed, except as provided in KRS 27A.099. The offense shall be deemed never

to have occurred, except for the purposes of determining the defendant's eligibility

for deferred prosecution under this section or voiding of the conviction under KRS

218A.275, and the defendant shall not be required to disclose the arrest or other

information relating to the charges or participation in the program unless required to

do so by state or federal law.

(4) If the defendant is charged with violating the conditions of the program, the court,

upon motion of the Commonwealth's attorney, shall hold a hea ring to determine

whether the defendant violated the conditions of the program.

(5) If the court finds that the defendant violated the conditions of the program, the court

may, with the approval of the prosecutor:

(a) Continue the defendant's participation in the program;

(b) Change the terms and conditions of the defendant's participation in the

program; or

(c) Order the defendant removed from the program and proceed with ordinary

prosecution for the offense charged.