Ky. Rev. Stat. » Chapter 218A
Kentucky Revised Statutes

Ky. Rev. Stat. § 218A.005 (2026)

Legislative findings and declarations

✓ current as of May 2026
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The General Assembly hereby finds, determines, and declares that:

(1) The regulation of controlled substances in this Commonwealth is important and necessary for the preservation of public safety and public health; and

(2) Successful, community-based treatment can be used as an effective tool in the effort to reduce criminal risk factors. Therapeutic intervention and ongoing individualized treatment plans prepared through the use of meaningful and validated, research- based assessment tools and professional evaluations offer a potential alternative to incarceration in appropriate circumstances and shall be used accordingly. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 4, effective June 8, 2011.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2012–2025 · leading case: Helms v. Commonwealth, 475 S.W.3d 637 (Ky. Ct. App. 2015).
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Helms v. Commonwealth, 475 S.W.3d 637 (Ky. Ct. App. 2015). “KRS 218A.005. To further this Commonwealth’s penal policy, the statutory law regarding probation and other forms of supervised release under *642 went significant change by .”
Jones v. Commonwealth, 413 S.W.3d 306 (Ky. Ct. App. 2012). · cites it 2× “KRS 218A.005(1). In so doing, the legislature determined community-based treatment provided an effective tool in reducing criminal risk factors and offered a potential alternative to incarceration in appropriate circumstances.”
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017). “]” KRS 218A.005(2). Her possession of dangerous contraband increased criminal risk factors by endangering more than just herself—she endangered those who worked and resided at the detention facility.”
Lonnie Marcum v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “An example of this can be seen in KRS 218A.005(2) in which it declared: Successful, community-based treatment can be used as an effective tool in the effort to reduce criminal risk factors.”
Commonwealth of Kentucky v. Benjamin E. Shroyer (Ky. Ct. App. 2025). “See also KRS 218A.005 (legislative findings and declarations indicating Kentucky law uses both criminal prosecutions and treatment alternatives to deal with problems posed by substance abuse): (1) The regulation of controlled substances in this Commonwealth is important and…”
— Ky. Rev. Stat. § 218A.005(1) — 1 case
Jones v. Commonwealth, 413 S.W.3d 306 (Ky. Ct. App. 2012). “KRS 218A.005(1). In so doing, the legislature determined community-based treatment provided an effective tool in reducing criminal risk factors and offered a potential alternative to incarceration in appropriate circumstances.”
— Ky. Rev. Stat. § 218A.005(2) — 3 cases
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017). “]” KRS 218A.005(2). Her possession of dangerous contraband increased criminal risk factors by endangering more than just herself—she endangered those who worked and resided at the detention facility.”
Jones v. Commonwealth, 413 S.W.3d 306 (Ky. Ct. App. 2012). “KRS 218A.005(1). In so doing, the legislature determined community-based treatment provided an effective tool in reducing criminal risk factors and offered a potential alternative to incarceration in appropriate circumstances.”
Lonnie Marcum v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “An example of this can be seen in KRS 218A.005(2) in which it declared: Successful, community-based treatment can be used as an effective tool in the effort to reduce criminal risk factors.”
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