{"data":{"id":"us-ky/krs-533.251","jurisdiction":"us-ky","citation":"KRS 533.251","heading":"Pretrial diversion program for felony drug offender and felony offender","body":"with a history of substance abuse.\n(1) Every pretrial diversion program shall set as a condition precedent for entry into the\nprogram that any defendant charged with a Class D fel ony offense under KRS\nChapter 218A and any defendant charged with a Class D felony offense whose\ncriminal, medical, or mental health record indicates a present need for or benefit\nfrom substance abuse treatment participate in and demonstrate suitable compl iance\nwith the terms of a secular or faith -based substance abuse treatment or recovery\nprogram if space is available in a treatment or recovery program suitable for that\ndefendant. The substance abuse treatment or recovery program shall be appropriate\nto t he defendant's needs, and may include commitment to an intensive outpatient\nprogram, a residential substance abuse treatment or recovery facility, or the\nintensive secured drug abuse treatment program developed under KRS 196.285.\nConsideration may be given , in whole or in part, to a defendant's participation in\ndrug monitoring or a substance abuse treatment or recovery plan ordered under KRS\n431.518 as evidence of suitable compliance under this section.\n(2) The court may waive compliance with subsection (1) of this section if the defendant\ncan show that exigent circumstances exist sufficient to justify diversion program\nparticipation without a prior demonstration of treatment compliance.\n(3) The court may continue in effect any nonfinancial conditions of pre trial release\nimposed under KRS 431.520 or 431.525 and may hold the case in abeyance during\nthe period of time the defendant is attempting treatment or recovery prior to\ndiversion under subsection (1) of this section.\n(4) The court may allow a person charg ed with a Class C felony to participate in a\nsecular or faith -based substance abuse treatment or recovery program under\nsubsection (1) of this section or obtain a waiver under subsection (2) of this section.\nIf the person is successful in the program or is  waived, the person shall be eligible\nfor entry into the pretrial diversion program under the same terms, conditions, and\nlimitations as a Class D felon.","path":["KRS Chapter 533"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20088","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"1b5feb59c7393e486c358e2385bde8c865c8ace33c3709b8adcaa07adce807a4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-533.250","next":"us-ky/krs-533.252"},"notice":"GroundRules: Original legal text. Not legal advice."}