{"data":{"id":"us-ky/krs-533.250","jurisdiction":"us-ky","citation":"KRS 533.250","heading":"Pretrial diversion program in each judicial circuit -- Elements -- Fee.","body":"(1) A pretrial diversion program shall be operated in each judicial circuit. The chief\njudge of each judicial circuit, in cooperation with the Commonwealth's attorney,\nshall submit a plan for the pretrial diversion program to the Supreme Court for\napproval on or before December 1, 1999. The pretrial diversion program shall\ncontain the following elements:\n(a) The program may be utilized for a person charged with a Class D felony\noffense who has not, within ten (10) years immediately preceding the\ncommission of this offense, been convicted of a felony under the laws of this\nstate, another state, or of the United States, or has not been on probation or\nparole or who has not been released from the service of any felony sentence\nwithin ten (10) years immediately preceding the commission of the offense;\n(b) The program shall not be utilized for persons charged with offenses for which\nprobation, parole, or conditional discharge is prohibited under KRS 532.045;\n(c) No person shall be eligible for pretrial diversion m ore than once in a five (5)\nyear period;\n(d) No person shall be eligible for pretrial diversion who has committed a sex\ncrime as defined in KRS 17.500. A person who is on pretrial diversion on July\n12, 2006, may remain on pretrial diversion if the person c ontinues to meet the\nrequirements of the pretrial diversion and the registration requirements of\nKRS 17.510;\n(e) Any person charged with an offense not specified as precluding a person from\npretrial diversion under paragraph (b) of this subsection may appl y in writing\nto the trial court and the Commonwealth's attorney for entry into a pretrial\ndiversion program;\n(f) Any person shall be required to enter an Alford plea or a plea of guilty as a\ncondition of pretrial diversion;\n(g) The provisions of KRS 533.251 shall be observed; and\n(h) The program may include as a component referral to the intensive secured\nsubstance abuse treatment program developed under KRS 196.285 for persons\ncharged with a felony offense under KRS Chapter 218A and persons charged\nwith a felony offense whose record indicates a history of recent and relevant\nsubstance abuse who have not previously been referred to the program under\nKRS 533.251.\n(2) Upon the request of the Commonwealth's attorney, a court ordering pretrial\ndiversion may order the person to:\n(a) Participate in a global positioning monitoring system program through the use\nof a county -operated program pursuant to KRS 67.372 and 67.374 for all or\npart of the time during which a pretrial diversion agreement is in effect; or\n(b) Use and pay all costs, including administrative and operating costs, associated\nwith the alcohol monitoring device as defined in KRS 431.068. If the court\ndetermines that the defendant is indigent, and a person, county, or other\norganization has not agreed to pay the costs for the defendant in an attempt to\nreduce incarceration expenses and increase public safety, the court shall\nconsider other conditions of pretrial diversion.\n(3) A court ordering global positioning monitoring system for a person pursuant t o this\nsection shall:\n(a) Require the person to pay all or a part of the monitoring costs based upon the\nsliding scale determined by the Supreme Court of Kentucky pursuant to KRS\n403.761 or 456.100 and administrative costs for participating in the system;\n(b) Provide the monitoring system with a written or electronic copy of the\nconditions of release; and\n(c) Provide the monitoring system with a contact at the office of the\nCommonwealth's attorney for reporting violations of the monitoring order.\n(4) A person, county, or other organization may voluntarily agree to pay all or a portion\nof a person's monitoring costs specified in subsection (3) of this section.\n(5) The court shall not order a person to participate in a global positioning monitoring\nsystem prog ram unless the person agrees to the monitoring in open court or the\ncourt determines that public safety and the nature of the person's crime require the\nuse of a global positioning monitoring system program.\n(6) The Commonwealth's attorney shall make a recommendation upon each application\nfor pretrial diversion to the Circuit Judge in the court in which the case would be\ntried. The court may approve or disapprove the diversion.\n(7) The court shall assess a diversion supervision fee of a sufficient amount to  defray\nall or part of the cost of participating in the diversion program. Unless the fee is\nwaived by the court in the case of indigency, the fee shall be assessed against each\nperson placed in the diversion program. The fee may be based upon ability to pay.","path":["KRS Chapter 533"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44797","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"afa60053dddd68d1202958213f9b8335f39595c49c4b723fbb119ddd6164f8f6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-533.220","next":"us-ky/krs-533.251"},"notice":"GroundRules: Original legal text. Not legal advice."}