(1) As used in this section: (a) "Eligible person" means a person who is: 1. A pregnant woman; 2. Reasonably believed by a court or the department to have a substance use disorder; 3. Not charged or convicted of an offense that would qualify the person as a violent offender under KRS 439.3401; and 4. Not charged or convicted of an offense under KRS Chapter 510, KRS 529.100 involving comm ercial sexual activity, KRS 530.020, 530.064(1)(a), 531.310, or 531.320; and (b) "Pregnancy release conditions" means conditions of release set by a court or the department for eligible persons which shall include: 1. Completing inpatient residential treatment for substance use disorders; 2. Not being charged with a new local, state, or federal misdemeanor or felony offense; 3. If not yet sentenced, appearing for all required court appearances; 4. If not yet sentenced, avoiding all contact with any alleged victim and any potential witness who may testify concerning the charge, unless or until the court removes this condition; and 5. If not yet sentenced, maintaining a current address with the court. (2) Notwithstanding any other statute to the contrary, wh en an eligible person is charged or convicted of any violation of KRS Chapter 218A, the person shall be released from custody upon her own recognizance so long as the person successfully meets the pregnancy release conditions. If the pregnancy release conditions are violated, the eligible person shall be returned to custody to await sentencing or to serve the sentence for the original conviction under KRS Chapter 218A as well as the sentence for any subsequent charges or convictions, if any.
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