KRS 439.653: Referral of inmates or parolees to pilot program -- Substance use disorder

assessments -- Factors to be considered -- Conditions of referral.

(1) The department shall implement the reentry drug supervision pilot program created

under KRS 439.651 for inmates or parolees placed in the pilot program pursuant to

this section.

(2) Inmates or parolees may be referred to the Parole Board as candidates for the pilot

program by either the department's clinical staff who assess inmates for substance

use disorder as outlined in subsection (3) of this section or the department's hearing

officers as outlined in subsection (4) of this section.

(3) (a) After sentencing, the department shall conduct a substance abuse assessment

of the following inmates:

1. Inmates whose offense for which he or she was sentenced:

a. Does not qualify him or her as a violent offender as defined in

KRS 439.3401 or a sexual offender as defined in KRS 17.550; and

b. Did not result in death or serious physical injury of a victim;

2. Inmates:

a. Who have been convicted of, or entered an Alford plea or plea of

nolo contendere to, a Class C or D felony that is:

i. A drug offense; or

ii. An offense arising from a substance use disorder; or

b. Whose probation or parole was revoked due to a substance use

disorder or those with a history of substance use disorder; and

3. Inmates who have not previously participated in the reentry drug

supervision pilot program.

(b) After reviewing the substance abuse assessments required under paragraph (a)

of this subsection, the department shall refer to the Parole Board those inmates

determined by the division to be candidates for the reentry drug supervision

pilot program.

(4) During a preliminary parole revoca tion hearing, if a department hearing officer

suspects a parolee is suffering from a substance use disorder, the hearing officer

may order a one (1) month deferment to allow the department to conduct a

substance abuse assessment of the parolee. After evalu ating the assessment, the

hearing officer may recommend to the Parole Board that the parolee be placed into

the pilot program instead of being revoked.

(5) (a) Upon receiving a referral from the department's clinical staff who assess

inmates for substance use disorder pursuant to subsection (3) of this section or

from the department's hearing officers pursuant to subsection (4) of this

section, the Parole Board shall notify the inmate's or parolee's victims, if any,

and provide them an opportunity to submit a written victim impact statement

and to testify. The Parole Board shall then evaluate the referred inmate or

parolee to determine whether to place him or her in the reentry drug

supervision pilot program.

(b) When evaluating whether to place a referred i nmate or parolee in the reentry

drug supervision pilot program, the Parole Board shall consider the following:

1. Current criminal charges, if any;

2. Criminal convictions;

3. Results of the substance abuse assessment conducted pursuant to

subsection (3) or (4) of this section;

4. Plan of recovery created by the department;

5. Information regarding the victims, if any;

6. Trial court's recommendation to participate in the pilot program, if any;

7. An inmate's or parolee's willingness to participate; and

8. Other relevant information as identified by the department.

(6) After evaluating the referred inmate or parolee pursuant to subsection (5) of this

section, the Parole Board shall determine whether to place an inmate or parolee into

the reentry drug supervision pilot program.

(7) (a) 1. Notwithstanding KRS 218A.1412 or 439.340 or any other statute to the

contrary, if the Parole Board decides to place an inmate in the reentry

drug supervision pilot program, the inmate shall immediately be paroled

into the pilot program. The only conditions of parole shall be to:

a. Have no contact with victims, if applicable;

b. Pay restitution, if applicable; and

c. Adhere to KRS 439.650 to 439.657 and to the reentry team's

requirements and conditions.

2. Notwithstanding any statute to the contrary, if the Parole Board decides

to place a parolee in the reentry drug supervision pilot program, the

parolee shall immediately be entered into the pilot program. The only

conditions of parole shall be to:

a. Adhere to any special cond itions established by the Parole Board;

and

b. Adhere to KRS 439.650 to 439.657 and to the reentry team's

requirements and conditions.

(b) Participants shall remain on parole until sentence completion unless the

reentry team determines to terminate or admi nistratively discharge the

participant from the pilot program. If terminated from the pilot program, the

reentry team shall refer the participant to the Parole Board for revocation.