Kentucky Statutes 533.280 – Completion of program — Effect — Notice to identified victim
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(1) Upon successful completion of the behavioral health conditional dismissal program: (a) The court shall dismiss the charged offense or offenses with prejudice and
discharge the defendant;
(b) All records relating to the case, including but not limited to arrest records and records relating to the charges, shall be sealed, except as provided in KRS
27A.099;
(c) The offense shall be accessible for review for the sole purpose of determining the defendant’s eligibility for deferred prosecution under KRS § 218A.1415; and
(d) The defendant shall not be required to disclose the arrest or other information relating to the charges or participation in the program on an application for employment, credit, or other type of application unless required to do so by state or federal law.
(2) If a defendant who is participating in the behavioral health conditional dismissal program is convicted of or enters a plea of guilty to a felony offense other than a qualifying offense under any law of the United States, this state, or any other state, that was committed while participating in the program, the defendant shall be discharged from the behavioral health conditional dismissal program for failure to comply with the terms and conditions.
(3) If the defendant is discharged from the behavioral health conditional dismissal program by the treatment provider under KRS § 533.278, all statements or other disclosures made by the defendant to any provider while participating in the program shall be protected by all applicable privacy laws and professional standards regarding confidentiality and shall not be admissible in a criminal trial relating to the offenses covered by the agreement executed under KRS § 533.276.
(4) The attorney for the Commonwealth shall notify the victim, if there is an identified victim, of the defendant’s dismissal from the program for noncompliance or discharge from the program following successful completion of the program.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 230, sec. 6, effective July 14, 2022.
discharge the defendant;
Terms Used In Kentucky Statutes 533.280
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- 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 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) All records relating to the case, including but not limited to arrest records and records relating to the charges, shall be sealed, except as provided in KRS
27A.099;
(c) The offense shall be accessible for review for the sole purpose of determining the defendant’s eligibility for deferred prosecution under KRS § 218A.1415; and
(d) The defendant shall not be required to disclose the arrest or other information relating to the charges or participation in the program on an application for employment, credit, or other type of application unless required to do so by state or federal law.
(2) If a defendant who is participating in the behavioral health conditional dismissal program is convicted of or enters a plea of guilty to a felony offense other than a qualifying offense under any law of the United States, this state, or any other state, that was committed while participating in the program, the defendant shall be discharged from the behavioral health conditional dismissal program for failure to comply with the terms and conditions.
(3) If the defendant is discharged from the behavioral health conditional dismissal program by the treatment provider under KRS § 533.278, all statements or other disclosures made by the defendant to any provider while participating in the program shall be protected by all applicable privacy laws and professional standards regarding confidentiality and shall not be admissible in a criminal trial relating to the offenses covered by the agreement executed under KRS § 533.276.
(4) The attorney for the Commonwealth shall notify the victim, if there is an identified victim, of the defendant’s dismissal from the program for noncompliance or discharge from the program following successful completion of the program.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 230, sec. 6, effective July 14, 2022.