{"data":{"id":"us-ky/krs-218a.276","jurisdiction":"us-ky","citation":"KRS 218A.276","heading":"Assessment and treatment program for possessors of marijuana,","body":"synthetic drugs, or salvia -- Rescission of treatment order -- Voiding of\nconviction -- Sealing of records.\n(1) A court may request the Division of Probation and Parole to perform a risk a nd\nneeds assessment for any person found guilty of possession of marijuana pursuant to\nKRS 218A.1422, synthetic drugs pursuant to KRS 218A.1430, or salvia pursuant to\nKRS 218A.1451. The assessor shall make a recommendation to the court as to\nwhether treatment is indicated by the assessment, and, if so, the most appropriate\ntreatment or recovery program environment. If treatment is indicated for the person,\nthe court may order him or her to the appropriate treatment or recovery program as\nindicated by the as sessment that will effectively respond to the person's level of\nrisk, criminal risk factors, and individual characteristics as designated by the\nsecretary of the Cabinet for Health and Family Services where a program of\ntreatment or recovery not to exceed ninety (90) days in duration may be prescribed.\nThe person ordered to the designated treatment or recovery program shall present\nhimself or herself for registration and initiation of the treatment or recovery\nprogram within five (5) days of the date of sen tencing. If, without good cause, the\nperson fails to appear at the designated treatment or recovery program within the\nspecified time, or if any time during the program of treatment or recovery\nprescribed, the authorized director of the treatment or recove ry program finds that\nthe person is unwilling to participate in his or her treatment, the director shall notify\nthe sentencing court. Upon receipt of notification, the court shall cause the person to\nbe brought before it and may continue the order of treat ment, or may rescind the\ntreatment order and impose a sentence for the possession offense. Upon discharge\nof the person from the treatment or recovery program by the secretary of the Cabinet\nfor Health and Family Services, or his or her designee, prior to the expiration of the\nninety (90) day period or upon satisfactory completion of ninety (90) days of\ntreatment, 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 a person sentenced by that court under this chapter shall be\ninitially ordered.\n(3) In the case of a person ordered to an inpatient facility for treatment pursuant to this\nchapter, transportation to the 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 designated treatment or recovery\nprogram of the sentence and its effective date.\n(5) The secretary of the Cabinet for Health and Family Services, or his or her designee,\nmay authorize transfer of the person from the initially designated treatment or\nrecovery program to another treatment or re covery program for therapeutic\npurposes. The sentencing court shall be notified of termination of treatment by the\nterminating treatment or recovery program and shall be notified by the secretary or\nhis or her designee of the new treatment or recovery prog ram to which the person\nwas 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 by patients and\nothers for services rendered by the Cabinet for  Health 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 prob ation, presumptive\nprobation, or conditional discharge.\n(8) In the case of any person who has been convicted of possession of marijuana,\nsynthetic drugs, or salvia, the court may set aside and void the conviction upon\nsatisfactory completion of treatment, probation, or other sentence, and issue to the\nperson a certificate to that effect. A conviction voided under this subsection shall\nnot be deemed a first offense for purposes of this chapter or deemed a conviction for\npurposes of disqualifications or disab ilities imposed by law upon conviction of a\ncrime.\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, includin g 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 arr est 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. The court and other agencies shall reply to any inquiry that no\nrecord exists on the matter. The person whose record is sealed shall not have to\ndisclose the fact of the record or any matter relating thereto on an application f or\nemployment, credit, or other type of application.\n(11) Inspection of the sealed records may thereafter be permitted by the court or upon a\nmotion by the person who is the subject of the records and only to those persons\nnamed in the motion.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40034","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:30Z","sha256":"5923bd80f9eee0daf043eef3bf8748e335942c7d824c7ae3214d4dc4aee0c9b9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.275","next":"us-ky/krs-218a.278"},"notice":"GroundRules: Original legal text. Not legal advice."}