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AN ACT relating to specialty courts. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 26A.400 is amended to read as follows: 3
(1) As used in this section, unless the context otherwise requires, "specialty[drug] court 4
program" means any specialty[drug] court program authorized and administered by 5
the Kentucky Supreme Court, including: 6
(a) Drug court; 7
(b) Veterans treatment court; and 8
(c) Mental health court. 9
(2) The Supreme Court of Kentucky shall administer the specialty[drug] court program 10
to: 11
(a) Develop standards, establish program eligibility, and provide oversight for 12
operation for specialty[drug] court programs; 13
(b) Define, develop, and gather outcome measures for specialty[drug] court 14
programs; 15
(c) Collect, report, and disseminate specialty[drug] court data; 16
(d) Sponsor and coordinate state specialty[drug] court training; and 17
(e) Apply for, administer, and evaluate any grant for specialty[drug] court 18
purposes. 19
(3) Nothing contained in this section shall confer a right or an expectation of a right to 20
treatment for an offender within the criminal justice system or the juvenile justice 21
system. 22
(4) If a defendant has been accepted into a specialty[the drug] court program and is 23
supervised by that program as a condition of probation, the defendant shall not be 24
subject to the supervision of the Division of Probation and Parole during his or her 25
participation in the specialty[drug] court program. 26
(5) Nothing in this section shall preclude Division of Probation and Parole personnel 27 UNOFFICIAL COPY 23 RS BR 1206
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from participating in specialty court staffing. 1
Section 2. KRS 439.315 is amended to read as follows: 2
(1) A person placed by a releasing authority on probation, parole, or other form of 3
release subject to supervision by the Department of Corrections and all persons 4
supervised pursuant to KRS 439.560 shall pay a fee to offset the costs of 5
supervising the probation, parole, or other supervised release. 6
(2) The fees shall be as follows: 7
(a) For a felony, not less than ten dollars ($10) per month while on active 8
supervision nor more than two thousand five hundred dollars ($2,500) per 9
year. 10
(b) For a misdemeanor, not less than ten dollars ($10) per month while on active 11
supervision nor more than five hundred dollars ($500) per year, except as 12
provided in subsection (13) of this section. 13
(3) The releasing authority shall order the fee paid in a lump sum or installments. If the 14
fee is to be paid in a lump sum, the person shall not be released from custody until 15
the fee is paid in full. 16
(4) Upon the failure of a person to pay an installment on a fee set forth in a release 17
agreement, the releasing authority shall hold a hearing to determine why the 18
installment has not been paid. Failure without good cause to pay an installment 19
pursuant to a release agreement shall be grounds for the revocation of probation, 20
parole, conditional release, or other form of release upon which the person has been 21
released as provided in KRS 533.050. 22
(5) The releasing authority shall hold a hearing to determine the ability of the defendant 23
to make the payments; and in making this determination, the releasing authority 24
shall take into account the amount of any fine imposed upon the defendant and any 25
amount the defendant has been ordered to pay in restitution. In counties containing 26
a city of the first class or an urban-county form of government, the releasing 27 UNOFFICIAL COPY 23 RS BR 1206
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authority may waive the payment of the fee in whole or in part for defendants 1
placed under the supervision of the adult misdemeanant probation and work release 2
program, if it finds that any of the factors in subsection (6) of this section exist. 3
(6) The releasing authority shall not waive any fee unless the commissioner of the 4
Department of Corrections or his or her designee petitions the releasing authority in 5
written form for the waiver. The Department of Corrections shall not petition 6
unless: 7
(a) The offender is a student in a school, college, university, or course of 8
vocational or technical training designed to fit the student for gainful 9
employment. Certification of student status shall be supplied to the releasing 10
authority by the educational institution in which the offender is enrolled. In 11
such case, the fee may be postponed until completion of education but shall be 12
paid thereafter. 13
(b) The offender has an employment disability, as determined by a physical, 14
psychological, or psychiatric examination acceptable to, or ordered by, the 15
releasing authority. 16
(7) At any time during the pendency of the judgment or order rendered according to the 17
terms of this section, a defendant may petition the releasing authority to modify or 18
vacate its previous judgment or order on the grounds of change of circumstances 19
with regard to the defendant's ability to pay the fee. The releasing authority shall 20
advise the defendant of this right at the time of the rendering of the judgment or 21
order placing the defendant on probation, parole, or other supervised release. 22
(8) All sums paid by the defendant pursuant to this section shall be paid into the 23
general fund, except as provided in subsection (13) of this section. 24
(9) When granting a release of any defendant by way of probation, parole, or otherwise, 25
the releasing authority shall make the payment of this fee a condition of release, 26
unless the fee has been waived, reduced, or delayed as provided in this section. 27 UNOFFICIAL COPY 23 RS BR 1206
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Nonpayment shall be grounds for revocation of the release as provided in KRS 1
533.050. 2
(10) The releasing authority, if the Department of Corrections petitions the releasing 3
authority to modify the fee, shall consider the petition and may waive the payment 4
of the fee in whole or in part, delay payment of the fee, increase the fee, or deny the 5
petition. 6
(11) (a) For offenders ordered to the supervision of the Division of Probation and 7
Parole, all[All] fees fixed under[ the provisions of] this section shall be 8
collected through the probation and parole office[by the circuit clerk] of the 9
county where the defendant is supervised. 10
(b) For offenders supervised by adult misdemeanant probation and work 11
release programs of the city, county, consolidated local government, charter 12
county government, unified local government, or urban-county government, 13
fees shall be collected[, except] as provided in subsection (13) of this section. 14
(12) The Department of Corrections and the Division of Probation and Parole shall, for 15
each person released under its supervision, keep an account of all payments made 16
and report delinquencies to the releasing authority. 17
(13) In a city, county, consolidated local government, charter county, unified local, or 18
an urban-county government, persons placed by a releasing authority on probation, 19
parole, or other release subject to supervision by the adult misdemeanant probation 20
and work release program of the[ county,] city, county, consolidated local 21
government, charter county, unified local, or urban-county government shall pay a 22
fee to offset the costs of supervising the probation, parole, or other supervised 23
release. The fees shall be assessed by the releasing authority in accordance with the 24
provisions of this section. The fee for a misdemeanant defendant placed under the 25
supervision of an adult misdemeanant probation and work release program of a[ 26
county,] city, county, consolidated local government, charter county, unified local, 27 UNOFFICIAL COPY 23 RS BR 1206
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or an urban-county government shall be not less than one hundred dollars ($100) 1
nor more than five hundred dollars ($500) per year. All sums paid by the defendant 2
under this subsection shall be paid into the general fund of the[ county,] city, 3
county, consolidated local government, charter county, unified local, or urban-4
county government in lieu of the payment specified in subsection (8) of this section. 5
All fees fixed under this subsection shall be collected by the circuit clerk of the 6
county or urban-county involved. The adult misdemeanant probation and work 7
release program of the city, county, consolidated local government,[ city,] charter 8
county, unified local, or urban-county government shall, for each person released 9
under its supervision, keep an account of all payments made, maintain copies of all 10
receipts issued by the circuit clerk, and report delinquencies to the court. 11