Kentucky Statutes 431.518 – Pretrial release of felony drug offender or felony offender with a history of substance abuse — Conditions
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When considering the pretrial release of a person charged with a felony offense under KRS Chapter 218A or a person charged with a felony offense whose criminal record indicates a history of recent and relevant substance abuse, the court considering the release shall cause the court’s pretrial release investigation and services office to have the person screened for recent and relevant substance abuse risk factors. A person’s refusal to participate in the screening shall not disqualify the person from being granted pretrial release. If this screening indicates the presence of recent and relevant substance abuse risk factors, the court may order as a condition of pretrial release that the person:
(1) Undertake any testing ordered by the court under KRS § 431.520 or 431.525; (2) Participate in an additional assessment of the person’s condition;
(3) Participate in a secular or faith-based treatment or recovery program if one (1) is identified as appropriate to the person as a result of the person’s initial assessment or an additional assessment performed under subsection (2) of this section;
(4) Appear at any subsequent hearing ordered by the court where the person’s conditions of pretrial release may be reviewed and modified as the result of any testing performed under subsection (1) of this section, any additional assessment performed under subsection (2) of this section, any additional assessment of the defendant performed by a qualified mental health professional which the defendant may offer for the court’s consideration, or the person’s compliance with any treatment or recovery plan ordered by the court under subsection (3) of this section; and
(5) Participate in a global positioning monitoring system program operated by a county pursuant to KRS § 67.372 and 67.374 under the same terms and conditions as provided in KRS § 431.517, during all or part of the person’s period of release pursuant to this section.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 170, sec. 12, effective July 15, 2010. — Created
2009 Ky. Acts ch. 96, sec. 3, effective March 24, 2009.
(1) Undertake any testing ordered by the court under KRS § 431.520 or 431.525; (2) Participate in an additional assessment of the person’s condition;
Terms Used In Kentucky Statutes 431.518
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) Participate in a secular or faith-based treatment or recovery program if one (1) is identified as appropriate to the person as a result of the person’s initial assessment or an additional assessment performed under subsection (2) of this section;
(4) Appear at any subsequent hearing ordered by the court where the person’s conditions of pretrial release may be reviewed and modified as the result of any testing performed under subsection (1) of this section, any additional assessment performed under subsection (2) of this section, any additional assessment of the defendant performed by a qualified mental health professional which the defendant may offer for the court’s consideration, or the person’s compliance with any treatment or recovery plan ordered by the court under subsection (3) of this section; and
(5) Participate in a global positioning monitoring system program operated by a county pursuant to KRS § 67.372 and 67.374 under the same terms and conditions as provided in KRS § 431.517, during all or part of the person’s period of release pursuant to this section.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 170, sec. 12, effective July 15, 2010. — Created
2009 Ky. Acts ch. 96, sec. 3, effective March 24, 2009.