KRS 439.652: Administration and oversight of pilot program -- Reentry team

members, training, and functions -- Confidentiality of proceedings --

Exception.

(1) The reentry team shall administer and oversee the reentry drug supervision

pilot program. The team shall consist of the following members:

(a) A department hearing officer shall lead the reentry team and ensure that

due process is followed. If reentry team members disagree on incentives

or sanctions, the hearing officer shall be the final decision maker;

(b) A parole officer who shall have regular parole officer duties, including

drug testing and maintaining records;

(c) A reentry liaison or facilitator from the Division of Probation and Parole;

(d) A social service clinician;

(e) A public defender or his or her designated representative who may or

may not be an attorney; and

(f) A designated representative from a community mental health center who

shall provide substance use disorder treatment to participants.

(2) The Administrative Office of the Courts shall train reentry team members on

the philosophy behind drug courts as well as their roles within the team.

(3) The reentry team may provide incentives, including but not limited to the

following:

(a) Promotion to the next phase as outlined in KRS 439.654;

(b) Certificates and tokens;

(c) Compliance credit or any other parole credit approved by the reentry

team;

(d) Decreased supervision;

(e) Increased privileges and responsibilities;

(f) Praise from the hearing officer and reentry team;

(g) Extended curfews; and

(h) Other individual incentives approved by the reentry team.

(4) (a) Notwithstanding KRS 439.3108 or 439.340(3)(b) or any other statute to

the contrary, only the reentry team may impose sanctions on participants

who do not comply with the requirements and conditions established by

the reentry team. Notwithstanding KRS 439.3107 or 439.3108 or any

other statute to the contrary, sanctions include but are not limited to the

following:

1. Admonishments by the hearing officer;

2. Graduated sanctions similar to those adopted by the department

pursuant to KRS 439.3107;

3. Community service;

4. Phase demotion;

5. Increased pilot program requirements;

6. Electronic monitoring;

7. Home incarceration;

8. Imprisonment in a state or local correctional or detention facility or

residential center for no more than sixty (60) days in any one (1)

calendar year; and

9. Termination from the pilot program.

(b) When considering appropriate sanctions, the reentry team shall consider

alternatives to incarceration.

(c) Notwithstanding paragraph (a) of this subsection, a parole officer may

arrest a participant without first consulting the reentry team if the parole

officer believes the participant poses an imminent threat to himself or

herself or to others. The parole officer shall immediately notify the reentry

team of the arrest. Upon receiving notification of the arrest, the reentry

team shall then determine whether to impose additional sanctions.

(5) Reentry team proceedings shall be confidential and shall be closed unless

otherwise authorized by the hearing officer. Each reentry team member shall

sign a confidentiality agreement and shall comply with state and federal

confidentiality laws regarding treatment information. Documents contained in a

participant's pilot program case file shall be confidential and only those

documents that do not violate these state and federal confidentiality laws shall

be released.