Section 9 - [Effective 1/1/2025] Transfers Between Drug Courts(1) A defendant or participant may request a transfer of venue to participate in a drug court outside of the circuit or district where their underlying court case is pending if the defendant has been sentenced to serve an alternative sentence in lieu of incarceration or has entered a guilty plea as part of a pretrial diversion program in the underlying court case.(2) The defendant or participant may request the transfer at the time of referral for eligibility review and assessment to the drug court or after admission into a drug court.(3) If a transfer is requested, the Specialty Court staff in the county where the underlying court case is pending will initiate an informal conference with the Specialty Courts staff in the transfer county to inquire about the possibility of transferring the case to that drug court and to identify any barriers that may hinder the transfer.(4) Transfer of venue for the purpose of drug court participation shall be authorized under the following conditions: (a) The drug court team in the county where the defendant or participant requests to transfer venue has agreed to accept the defendant or participant;(b) The defendant or participant has filed a Motion for Transfer, which was docketed before the referring judge; and(c) The referring judge has entered an order transferring venue of the defendant's or participant's court case.(d) The defendant's or participant's case will be assigned to a circuit or district court judge who conducts drug court in the county where venue has been transferred.(e) Upon a participant's successful completion, administrative discharge, or termination from drug court, an order transferring venue of the court case back to the county where the case originated shall be entered and all further proceedings shall be placed on the next available court docket in the county of origin.(5) Expungement of a case when venue is transferred.(a) A petition or application for expungement of a case transferred between courts should be filed in the county of origin of the underlying court case. The petition or application should list the transfer county and case number so those records can be included in the expungement order.(b) An order granting a petition or application for expungement for the underlying case entered in the county of origin should include the transfer county and case number in the section of the order that specifies agencies with custody of records to be expunged.(c) Upon receipt of an order granting expungement of an underlying court case entered in the county of origin, a circuit court clerk shall certify it has no records or expunge the court record of the transfer county and case number and certify it has completed the expungement.Ky. Admin. P. Ct. Justice. 9
Amended by Order 2016-02, eff. 2/12/2016; prior amendments eff. 3/23/2010; prior amendments eff. 7/30/2009 (Order 2009-07); adopted by Order 2006-01, eff. 1/9/2006; amended by Order 2022-50, eff. 3/1/2023; amended by order 2024-37, December 12, 2024, effective 1/1/2025.