{"data":{"id":"us-ky/krs-533.274","jurisdiction":"us-ky","citation":"KRS 533.274","heading":"Eligibility for admission into pilot program.","body":"(1) In addition to the pretrial diversion program established under KRS 533.250 to\n533.260, and the deferred prosecution program established under KRS 218A.14151,\na behavioral health conditional dismissal program shall be operated in each county\nparticipating in the pilot program established under KRS 533.272. The behavioral\nhealth conditional dismissal program shall:\n(a) Provide eligible persons, on an equal basis, an alternative to ordinary\nprosecution for qualifying offenses arising from a behavioral health disorder\nby receiving early recovery services and treatment reasonably expected to\ndeter future criminal behavior; and\n(b) Provide an expedited alternative to prosecution for eligible persons who may\nbe harmed by the imposition of criminal sanctions in the  absence of the\nalternative when the alternative is reasonably expected to serve as a sufficient\ndeterrent to criminal conduct.\n(2) The program may be utilized by any person:\n(a) Who is a resident of the Commonwealth and who is at least eighteen (18)\nyears of age;\n(b) Whose clinical assessment indicates the presence of a behavioral health\ndisorder;\n(c) Charged with a qualifying offense;\n(d) Who does not have a previous conviction for a Class A, B, or C felony, or a\nClass D felony or misdemeanor that is not a qualifying offense; and\n(e) Who has been assessed by pre -trial services as a low -risk, low-level offender,\nor has been otherwise determined by the attorney for the Commonwealth or\nthe attorney for the defendant as a viable participant in the program.\n(3) Other factors that may be considered for admission into the behavioral health\nconditional dismissal program include but are not limited to:\n(a) The likelihood that the applicant's offense is related to a behavioral health\ndisorder that would be conducive to change through his or her participation in\na behavioral health treatment program;\n(b) The availability of behavioral health treatment programs in the defendant's\ncounty of residence if different from the county of arrest;\n(c) The history of any physical  violence toward others as documented through\njudicial or law enforcement records;\n(d) Any involvement of the applicant with organized crime under KRS 506.120;\nand\n(e) Whether or not the applicant's participation i n a behavioral health treatment\nprogram would adversely affect the prosecution of codefendants.\n(4) Eligible defendants in pretrial confinement shall be given preference for\nparticipation in the behavioral health conditional dismissal program.\n(5) Eligible defendants who have charges pending but are not in custody shall be\nassessed for participation in the behavioral health conditional dismissal program as\nprovided under KRS 533.276(1)(d).","path":["KRS Chapter 533"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53186","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"28ebb1e82a5c8e34c3cb8a9ceca2d686385f66eb02c45fe6d21f6094f7421987","source_id":"us-ky","stale":false,"prev":"us-ky/krs-533.272","next":"us-ky/krs-533.276"},"notice":"GroundRules: Original legal text. Not legal advice."}