{"data":{"id":"us-ky/krs-218a.275","jurisdiction":"us-ky","citation":"KRS 218A.275","heading":"Assessment and treatment program for first offenders of possession of","body":"controlled substance -- Rescission of treatment order -- Voiding of conviction --\nSealing of records.\n(1) A court may request the Division of Probation and Parole to perform a ri sk and\nneeds assessment for any person found guilty of possession of a controlled\nsubstance pursuant to KRS 218A.1415, 218A.1416, or 218A.1417. The assessor\nshall make a recommendation to the court as to whether treatment is indicated by\nthe assessment, an d, if so, the most appropriate treatment or recovery program\nenvironment. If treatment is indicated for the person, the court may order him or her\nto the appropriate treatment or recovery program that will effectively respond to the\nperson's level of risk,  criminal risk factors, and individual characteristics as\ndesignated by the secretary of the Cabinet for Health and Family Services where a\nprogram of treatment or recovery not to exceed one (1) year in duration may be\nprescribed. The person ordered to the  designated treatment or recovery program\nshall present himself or herself for registration and initiation of the treatment or\nrecovery program within five (5) days of the date of sentencing. If, without good\ncause, the person fails to appear at the design ated treatment or recovery program\nwithin the specified time, or if at any time during the program of treatment or\nrecovery prescribed, the authorized director of the treatment or recovery program\nfinds that the person is unwilling to participate in his or  her treatment, the director\nshall notify the sentencing court. Upon receipt of notification, the court shall cause\nthe person to be brought before it and may continue the order of treatment, or may\nrescind the treatment order and impose a sentence for the  possession offense. Upon\ndischarge of the person from the treatment or recovery program by the secretary of\nthe Cabinet for Health and Family Services, or his or her designee, prior to the\nexpiration of the one (1) year period or upon satisfactory completion of one (1) year\nof treatment, the person shall be deemed finally discharged from sentence. The\nsecretary, or his or her designee, shall notify the sentencing court of the date of such\ndischarge from the treatment or recovery program.\n(2) The secretary of the Cabinet for Health and Family Services, or his or her designee,\nshall inform each court of the identity and location of the treatment or recovery\nprogram to which the person is sentenced.\n(3) Transportation to an inpatient facility shall be provided  by order of the court when\nthe court finds the person unable to convey himself or herself to the facility within\nfive (5) days of sentencing by reason of physical infirmity or financial incapability.\n(4) The sentencing court shall immediately notify the d esignated treatment or recovery\nprogram of the sentence and its effective date.\n(5) The secretary for health and family services, or his or her designee, may authorize\ntransfer of the person from the initially designated treatment or recovery program to\nanother treatment or recovery program for therapeutic purposes. The sentencing\ncourt shall be notified of termination of treatment by the terminating treatment or\nrecovery program and shall be notified by the secretary of the new treatment or\nrecovery program to which the person was transferred.\n(6) Responsibility for payment for treatment services rendered to persons pursuant to\nthis section shall be as under the statutes pertaining to payment of patients and\nothers for services rendered by the Cabinet for H ealth and Family Services, unless\nthe person and the treatment or recovery program shall arrange otherwise.\n(7) None of the provisions of this section shall be deemed to preclude the court from\nexercising its usual discretion with regard to ordering probat ion or conditional\ndischarge.\n(8) Except as provided in subsection (12) of this section, in the case of any person who\nhas been convicted for the first time of possession of controlled substances, the\ncourt may set aside and void the conviction upon satisf actory completion of\ntreatment, probation, or other sentence, and issue to the person a certificate to that\neffect. A conviction voided under this subsection shall not be deemed a first offense\nfor purposes of this chapter or deemed a conviction for purposes of disqualifications\nor disabilities imposed by law upon conviction of a crime. Voiding of a conviction\nunder this subsection and dismissal may occur only once with respect to any person.\n(9) If the court voids a conviction under this section, the court  shall order the sealing of\nall records in the custody of the court and any records in the custody of any other\nagency or official, including law enforcement records, except as provided in KRS\n27A.099. The court shall order the sealing on a form provided by the Administrative\nOffice of the Courts. Every agency with records relating to the arrest, charge, or\nother matters arising out of the arrest or charge that is ordered to seal records, shall\ncertify to the court within sixty (60) days of the entry of the  order that the required\nsealing action has been completed.\n(10) After the sealing of the record, the proceedings in the matter shall not be used\nagainst the defendant except for the purposes of determining the person's eligibility\nto have his or her convi ction voided under subsection (8) of this section. The court\nand other agencies shall reply to any inquiry that no record exists on the matter. The\nperson whose record has been sealed shall not have to disclose the fact of the record\nor any matter relating thereto on an application for employment, credit, or other type\nof application.\n(11) Inspection of the sealed records may thereafter be permitted by the court pursuant to\nKRS 27A.099 or upon a motion by the person who is the subject of the records and\nonly to those persons named in the motion or upon a motion of the prosecutor to\nverify a defendant's eligibility to have his or her conviction voided under subsection\n(8) of this section.\n(12) A person who has previously had a charge of possession of controll ed substances\ndismissed after completion of a deferred prosecution under KRS 218A.14151 shall\nnot be eligible for voiding of conviction under this section.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40910","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:30Z","sha256":"cc9a9387511f8bf226b1460ec4b1e592b63870782327f34197ba148f19454116","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.274","next":"us-ky/krs-218a.276"},"notice":"GroundRules: Original legal text. Not legal advice."}