{"data":{"id":"us-ky/krs-218a.14151","jurisdiction":"us-ky","citation":"KRS 218A.14151","heading":"Deferred prosecution program for first and second offenders of KRS","body":"218A.1415.\n(1) A defendant charged with his or her first or second offense under KRS 218A.1415\nmay enter a deferred prosecution program subject to the following provisions:\n(a) The defendant requests deferred prosecution in writing on an application\ncreated under KRS 27A.099, and the prosecutor agrees;\n(b) The defendant shall not be required to plead guilty or enter an Alford plea as a\ncondition of applying for participation in the deferred prosecution program;\n(c) The defendant agrees to the terms and conditions set forth by the\nCommonwealth's attorney and approved by the court, which may include any\nprovision authorized for pretrial diversion pursuant to KRS 533.250(1)(h) and\n(2); and\n(d) The maximum length of participation in the program shall be two (2) years.\n(2) If a prosecutor denies a defendant's request to enter a deferred prosecution program,\nthe prosecutor shall state on the record the substantial and compelling reasons wh y\nthe defendant cannot be safely and effectively supervised in the community, is not\namenable to community-based treatment, or poses a significant risk to public safety.\n(3) If the defendant successfully completes the deferred prosecution program, the\ncharges against the defendant shall be dismissed, and all records relating to the case,\nincluding but not limited to arrest records and records relating to the charges, shall\nbe sealed, except as provided in KRS 27A.099. The offense shall be deemed never\nto have occurred, except for the purposes of determining the defendant's eligibility\nfor deferred prosecution under this section or voiding of the conviction under KRS\n218A.275, and the defendant shall not be required to disclose the arrest or other\ninformation relating to the charges or participation in the program unless required to\ndo so by state or federal law.\n(4) If the defendant is charged with violating the conditions of the program, the court,\nupon motion of the Commonwealth's attorney, shall hold a hea ring to determine\nwhether the defendant violated the conditions of the program.\n(5) If the court finds that the defendant violated the conditions of the program, the court\nmay, with the approval of the prosecutor:\n(a) Continue the defendant's participation in the program;\n(b) Change the terms and conditions of the defendant's participation in the\nprogram; or\n(c) Order the defendant removed from the program and proceed with ordinary\nprosecution for the offense charged.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40911","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:30Z","sha256":"45df3b7539ffa93c706edaf894c6dbde406a9917459095b6674a1baba341eeb7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.1415","next":"us-ky/krs-218a.1416"},"notice":"GroundRules: Original legal text. Not legal advice."}