{"data":{"id":"us-ky/krs-189a.040","jurisdiction":"us-ky","citation":"KRS 189A.040","heading":"Alcohol or substance abuse treatment and education programs --","body":"Sentencing offenders to programs -- Regulation of programs -- Medicaid-\neligible defendants -- Appeals of decisions regarding licensure of education and\ntreatment facilities and programs.\n(1) In addition to any other penalty prescribed by KRS 189A.010(5)(a) or (6), the court\nshall sentence the person to attend an alcohol or substance abuse education or\ntreatment program subject to the following terms and conditions for a first offe nder\nor a person convicted under KRS 189A.010(1)(f):\n(a) The treatment or education shall be for a period of ninety (90) days and the\nprogram shall provide an assessment of the defendant's alcohol or other\nsubstance abuse problems, which shall be performed  at the start of the\nprogram;\n(b) Each defendant shall pay the cost of the education or treatment program up to\nhis ability to pay but no more than the actual cost of the treatment;\n(c) Upon written report to the court by the administrator of the program t hat the\ndefendant has completed the program recommended by the administrator\nbased upon the assessment of the defendant, the defendant shall be released\nprior to the expiration of the ninety (90) day period; and\n(d) Failure to complete the education or tre atment program or to pay the amount\nspecified by the court for education or treatment shall constitute contempt, and\nthe court shall, in addition to any other remedy for contempt, reinstitute all\npenalties which were previously imposed but suspended or del ayed pending\ncompletion of the education or treatment program.\n(2) In addition to any other penalty prescribed by KRS 189A.010(5)(b), the court shall\nsentence the person to an alcohol or substance abuse treatment program subject to\nthe following terms and conditions for a second offender:\n(a) The sentence shall be for a period of one (1) year and the program shall\nprovide an assessment of the defendant's alcohol or other substance abuse\nproblems, which shall be performed at the start of the program;\n(b) Each defendant shall pay the cost of the treatment program up to his ability to\npay but no more than the actual cost of the treatment;\n(c) Upon written report to the court by the administrator of the program that the\ndefendant has completed the program recomm ended by the administrator\nbased upon the assessment of the defendant, the defendant may be released\nprior to the expiration of the one (1) year period; and\n(d) Failure to complete the treatment program or to pay the amount specified by\nthe court for treat ment shall constitute contempt of court and the court shall,\nin addition to any other remedy for contempt, reinstitute all penalties which\nwere previously imposed but suspended or delayed pending the completion of\nthe treatment program.\n(3) In addition to any other penalty prescribed by KRS 189A.010(5)(c) or (d), the court\nshall sentence the person to an alcohol or substance abuse treatment program\nsubject to the following terms and conditions for a third or subsequent offender:\n(a) The sentence shall be fo r a period of one (1) year and the program shall\nprovide an assessment of the defendant's alcohol or other substance abuse\nproblems, which shall be performed at the start of the program. The program\nmay be an inpatient or residential-type program;\n(b) Each defendant shall pay the cost of the treatment program up to his ability to\npay but no more than the actual cost of the program;\n(c) A defendant, upon written recommendation to the court by the administrator\nof the program, may be released from the inpatie nt or residential program\nprior to the expiration of one (1) year but shall be retained in the program on\nan outpatient basis for the remainder of the year period; and\n(d) Failure to complete the treatment program or to pay the amount specified by\nthe court for treatment shall constitute contempt of court, and the court shall,\nin addition to any other remedy for contempt, reinstitute all penalties which\nwere previously imposed but suspended or delayed pending completion of the\ntreatment program.\n(4) Costs of treatment or education programs which are paid from the service fee\nestablished by KRS 189A.050, or from state or federal funds, or any combination\nthereof, shall be deducted from the amount which the defendant must pay.\n(5) For defendants who are Medicaid -eligible, alcohol or substance abuse treatment\nunder this section shall be authorized by the Department for Medicaid Services and\nits contractors as Medicaid -eligible se rvices and shall be subject to the same\nmedical necessity criteria and reimbursement methodology as for all other covered\nbehavioral health services.\n(6) For the purposes of this section, \"treatment\" means service in an alcohol or\nsubstance abuse education or treatment program or facility licensed, regulated, and\nmonitored by the Cabinet for Health and Family Services for services as required\nunder this section.\n(7) The Cabinet for Health and Family Services shall promulgate administrative\nregulations for t he licensure of education and treatment facilities and programs for\noffenders receiving education or treatment under this section. The criteria developed\nby the Cabinet for Health and Family Services shall include:\n(a) Manner of assessment;\n(b) Appropriate education and treatment plans; and\n(c) Referrals to other treatment providers.\n(8) The participating facilities and programs shall be required to abide by these\nstandards and shall report completion to the Transportation Cabinet. Upon request,\nthe facility or program shall report to the courts regarding the progress of offenders\nbeing treated pursuant to this section.\n(9) Administrative decisions regarding the licensure of education and treatment\nfacilities and programs may be appealed, and upon appeal an administrative hearing\nshall be conducted in accordance with KRS Chapter 13B.","path":["KRS Chapter 189A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49564","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:44Z","sha256":"df6ba75ab7001fb5113b002e74bdae4e4313ce50035bc4b18160657448060882","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189a.030","next":"us-ky/krs-189a.045"},"notice":"GroundRules: Original legal text. Not legal advice."}