KRS 533.252: Requirements of Commonwealth's attorney when considering application

for pretrial diversion.

When considering an application for pretrial diversion, the attorney for the

Commonwealth shall:

(1) Have a criminal record check made to ascertain if the per son is eligible for pretrial

diversion.

(2) Interview the victim of the crime, if there is an identified victim, and, when the

victim of the crime is deceased or the attorney for the Commonwealth deems it

necessary, interview a member of the family of the victim of the crime. The attorney

for the Commonwealth shall explain to the victim the diversion program, the

proposed diversion conditions, and any other matters that the attorney for the

Commonwealth deems to be appropriate. The results of the interview and

recommendations of the victim may be presented to the court when it is considering

the application for pretrial diversion. If the application for diversion is approved by

the court, the approval shall be in open court and may be attended by the victim and

the victim's family. The attorney for the Commonwealth shall attempt to notify

them of this fact and the time, date, and place of the hearing.

(3) Conduct any other investigation that the attorney for the Commonwealth determines

may be necessary with r egard to the defendant and the circumstances of the crime

so as to enable him or her to set proper conditions of pretrial diversion, or to make a

decision whether to recommend pretrial diversion.