KRS 533.274: Eligibility for admission into pilot program.

(1) In addition to the pretrial diversion program established under KRS 533.250 to

533.260, and the deferred prosecution program established under KRS 218A.14151,

a behavioral health conditional dismissal program shall be operated in each county

participating in the pilot program established under KRS 533.272. The behavioral

health conditional dismissal program shall:

(a) Provide eligible persons, on an equal basis, an alternative to ordinary

prosecution for qualifying offenses arising from a behavioral health disorder

by receiving early recovery services and treatment reasonably expected to

deter future criminal behavior; and

(b) Provide an expedited alternative to prosecution for eligible persons who may

be harmed by the imposition of criminal sanctions in the absence of the

alternative when the alternative is reasonably expected to serve as a sufficient

deterrent to criminal conduct.

(2) The program may be utilized by any person:

(a) Who is a resident of the Commonwealth and who is at least eighteen (18)

years of age;

(b) Whose clinical assessment indicates the presence of a behavioral health

disorder;

(c) Charged with a qualifying offense;

(d) Who does not have a previous conviction for a Class A, B, or C felony, or a

Class D felony or misdemeanor that is not a qualifying offense; and

(e) Who has been assessed by pre -trial services as a low -risk, low-level offender,

or has been otherwise determined by the attorney for the Commonwealth or

the attorney for the defendant as a viable participant in the program.

(3) Other factors that may be considered for admission into the behavioral health

conditional dismissal program include but are not limited to:

(a) The likelihood that the applicant's offense is related to a behavioral health

disorder that would be conducive to change through his or her participation in

a behavioral health treatment program;

(b) The availability of behavioral health treatment programs in the defendant's

county of residence if different from the county of arrest;

(c) The history of any physical violence toward others as documented through

judicial or law enforcement records;

(d) Any involvement of the applicant with organized crime under KRS 506.120;

and

(e) Whether or not the applicant's participation i n a behavioral health treatment

program would adversely affect the prosecution of codefendants.

(4) Eligible defendants in pretrial confinement shall be given preference for

participation in the behavioral health conditional dismissal program.

(5) Eligible defendants who have charges pending but are not in custody shall be

assessed for participation in the behavioral health conditional dismissal program as

provided under KRS 533.276(1)(d).