Ky. Sup. Ct. Order 2022-57

Supreme Court of Kentucky

2022-57

ORDER

IN RE: Authorization for Release of Information Pursuant to RCr 4.08(f)

Kentucky Acts Chapter 230 (Senate Bill 90, 2022 Regular Session)

establishes the Behavioral Health Conditional Dismissal Program as an

alternative to incarceration for eligible persons with a behavioral health

disorder who have been charged with a qualifying offense.

RCr 4.08 provides that information supplied by a defendant to a

representative of Kentucky Pretrial Services during the defendant’s initial

interview or subsequent contacts, or information obtained by Kentucky Pretrial

Services as a result of the interview or subsequent contacts, shall be deemed

confidential and shall not be subject to disclosure. Subsection (f) of the rule

provides that “any person conducting an evaluation of the pre-trial release

program may have access to all completed interview forms upon order of the

Supreme Court.”

Kentucky Pretrial Services has requested an exception under RCr 4.08 to

share relevant information gathered during pretrial interviews with defendants

to evaluate the efficacy of the Behavioral Health Conditional Dismissal

Program, provide for evaluation of eligible persons, assist providers performing

clinical assessments and providing treatment, and to comply with reporting

requirements in the legislation.

Upon consideration of Kentucky Pretrial Services’ request to share

information, and based on the authority given under RCr 4.08(f), the Supreme

Court hereby authorizes the release of necessary information to implement the

Behavioral Health Conditional Dismissal Program.

This Order shall be effective upon entry and until further Order of this

Court.

Entered this 8th day of December 2022.

All sitting; all concur.

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CHIEF JUSTICE