Ky. Cir. Ct. Clerks' Manual DRUG COURT

35 DRUG COURT

KRS 26A.400, AP Part XIII

District/Circuit Court

35.1 Referral to Drug Court

1. Upon receipt of AOC Form SPC-5, Order Referring to Specialty Court, apply Quick Reference

the ENTERED stamp to the order; add the date and your initials. Enter, date, initial

2. Enter the order on a document screen, using the document type ORFSC. Document type

ORFSC

3. Serve Notice of Entry on every party per the distribution list on the order

by making a copy of the judgment or order that has been stamped

ENTERED and mail or hand deliver it to the party or attorney. Make an

entry on the document screen showing the manner (mail or personal

delivery) and date of the service of Notice of Entry of judgment.

Notice of entry

4. Follow your local protocol to set a hearing date to review acceptance into

Drug Court. Complete a scheduled events screen using event code DRUGR.

5. Upon receipt of AOC Form SPC-7, Specialty Court Notice of Defendant Event code DRUGR

Referral Status, apply the FILED stamp; add the date and your initials.

6. Complete a document screen using document code NESC if the status File, date, initial

form indicates the defendant is eligible or use document code NIESC if Document code

the defendant is ineligible. Memo on the document screen if the NESC or NIESC

defendant is accepted or not accepted for participation in drug court.

7. If the defendant is accepted into the program re-docket the case as

indicated. Distribute notice

8. Distribute the notice of defendant referral status as directed on the form.

35.2 Order to Drug Court

1. Upon receipt of an Order of Admission to Drug Court, AOC SPC-8, apply the

ENTERED stamp to the order; add the date and your initials.

Enter, date, initial

2. Enter the order on a document screen, using the document type OADC.

Document type

3. Serve notice of entry on every party per the distribution list on the order OADC

by making a copy of the judgment or order that has been stamped

ENTERED and mail or hand deliver it to the party or attorney. Make an

entry on the document screen showing the manner (mail or personal

delivery) and date of the service of Notice of Entry of judgment.

4. Update the current judge field on the case screen in KYCourts using the

NOE

receiving drug court judge’s code.

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35.3 Drug Court Transfer – Originating County

35.3.1 Motion for Transfer

Upon receipt of AOC SPC-55A, Motion for Transfer (Specialty Court), apply

the FILED stamp; add the date and your initials. Follow your local

protocols to schedule a hearing

35.3.2 Order for Transfer

1. Upon receipt of an Order Transferring (Specialty Court) AOC Form SPC-55B,

apply the ENTERED stamp; add the date and your initials.

2. Complete a document screen using document code OTRN. Memo the

county to which it is transferred.

3. Serve Notice of Entry on every party per the distribution list on the order by

making a copy of the judgment or order that has been stamped ENTERED

and mail or hand deliver it to the party or attorney. Make an entry on the

document screen showing the manner (mail or personal delivery) and date

of the service of notice of entry of judgment.

4. If the charge(s) have a disposition of guilty, do not change the disposition

screen.

5. If the charge(s) have a disposition of diversion, move the disposition of

diversion to the memo field of the charge screen and close the charge out

with SCT, Specialty Court Transfer and the date the transfer is ordered.

Memo the county to which the case is being transferred.

6. Print two copies of the case history and make a copy of the order

transferring. Keep a copy of the case history along with the copy of the

transfer order in the file. Send a copy of the original contents of the file

along with a copy of the case history and order to the receiving county.

Retain the original case file.

7. Upon receipt of a copy of the transfer order, AOC Form SPC-55B (Order

Transferring), from the receiving county indicating the new case number,

complete a cross-reference screen entering the division, case number, cross

reference type SCT (Specialty Court Transfer) and cross reference date.

Memo the county transferred to and the new case number from the

receiving county

35.3.3 External Transfer – Receiving County

1. Upon receipt of an AOC Form SPC-55B Order

Transferring (Specialty Court), stamp the Order

Transferring FILED; add the date and your initials.

2. Open the case with case number type CR or M, based

upon the level of the charge(s).

Quick Reference

Enter, date, initial

AOC Form SPC-55B

Enter, date, initial

Document code OTRN

NOE

AOC Form SPC-55B

Cross reference type SCT

Quick Reference

File, date, initial

Case number type CR or

M

Case type SCT

AOC F SPC 55B

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3. Use case type SCT (Specialty Court Transfer)

4. Review the record to determine if any costs or

restitution are due the court. Any remaining balances

owed on cost and restitution are recommended to be

paid to the originating county.

5. Complete the bottom section of transfer order, AOC

Form SPC-55B, (Order Transferring), with your case

information. Mail a copy to the originating county.

35.3.4 Drug Court Transfer – Disposition (All Cases)

1. When using case type SCT do not enter the charges.

2. Close out the case screen, using the same date as the Case type SCT

file date, and SCT as the disposition type. Disposition type SCT

3. The disposition judge is the judge assigned to hear the case.

4. Enter the document code DCF (District Court File) or

CCF (Circuit Court File) depending on the file type.

Document code DCF or

5. Complete a cross-reference screen entering the

CCF

division case number for the case you created (you will

be cross referencing the case to itself) using cross-reference type SCT (Specialty Court Transfer) and Cross-reference type

cross-reference SCT

date. Memo the county transferred from and the case

number from the transferring county.

NOTE: When using the Specialty Court Transfer type

SCT this allows KYCourts to reflect cross referencing

information for the case without the case being linked

to another case within your jurisdiction.

35.3.5 Order Returning Transfer from Receiving County

1. Upon receipt of AOC Form SPC-55C Order Returning Transfer

(Specialty Court) to the originating county, stamp Entered; add the

date and your initials. Complete a document screen using document

code ORTF. Memo the county to which it is being transferred.

2. Serve notice of entry on every party per the distribution list on the

order by making a copy of the order that has been stamped

ENTERED.

3. Print two copies of the case history and make a copy of the record.

Keep one copy of the case history and the original order returning

transfer in the case file. Send a copy of the record with a copy of the

case history and the copy of the order transferring to the originating

county.

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Note: It is not necessary to return the copy that the originating county

initially sent as they still maintain the original. Only those filings received

post transfer would be returned.

35.3.6 Order Returning Transfer to Originating County

1. Upon receipt of AOC Form SPC-55C Order Returning Transfer (Specialty Court), stamp the

order

FILED; add the date and your initials.

2. Enter the document code DCF (District Court File) or CCF (Circuit Court

File) depending on the file type. Memo the county returning the record.

3. Re-Open Case using Special Status.

4. In the charge screen if the disposition is “transferred” move the date and

the disposition to the memo screen. Then remove the current disposition

information.

5. Schedule a hearing for the next available docket by entering a schedule event

screen using event type ‘OH’ and send a court notice to all parties.

35.3.7 Drug Court Transfer − Expungement

 When a petition for expungement is received in a drug court case that was previously

transferred, the petition should be filed in the originating county.

NOTE: The petition should list the receiving county and the receiving county’s case number

so those records can be included on the expungement order.

 An order granting a petition for expungement should include the receiving county and

receiving county’s case number in the section of the order that specifies agencies with

custody of records to be expunged. If that information is missing, return the order to the

issuing judge for further instruction.

 Send a copy of the order to:

o County attorney

o Defendant or his/her attorney

o Each official or agency named in the order (include a copy of the citation). DO NOT

send a copy to the Cabinet for Health and Family Services.

o Local pretrial office

o Kentucky State Police, email to: ksp.expungements@ky.gov

o Receiving County

 If expungement is ordered, the receiving county must expunge its records, complete the

“Agency Certification” box at the bottom of the order, and return a copy of the certification

to the originating county.

 If a drug court case was not previously transferred, follow the standard expungement

instructions in Section 39 below.

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