KRS § 533.272 — KY Code / Title L / Chapter 533 / Section 533.272
533.272 Behavioral health conditional dismissal pilot program -- Elements -- Reporting requirements
Status: in_force

533.272 Behavioral health conditional dismissal pilot program -- Elements --

Reporting requirements.

(1) A pilot program shall be established in no less than ten (10) counties selected by the

Chief Justice of the Supreme Court to participate in a behavioral health conditional

dismissal program. The pilot program shall begin January 1, 2023, and shall last for

four (4) years unless extended or limited by the General Assembly.

(2) Each participating county shall have access to:

(a) Medication-assisted treatment;

(b) Recovery services as defined under KRS 533.270; and

(c) Educational and vocational resources sufficient to provide the training and

assistance required under KRS 533.286.

(3) (a) Every behavioral health treatment program provider in the pilot program shall

collect and maintain data as provided in this subsection relating to program

participants under their care, designed to inform the outcomes and

effectiveness of the pilot program, to be submitted to the Administrative

Office of the Courts as provided under paragraphs (b) to (e) of this subsection.

(b) A report shall be made for each program participant no later than fourteen (14)

days following the initiation of treatment. The data to be collected and

submitted in the report shall include the following information regarding each

participant:

1. Age, gender, and race or ethnicity;

2. Housing history;

3. Educational history;

4. Employment history;

5. Past involvement in addiction recovery and treatment for a substance use

disorder;

6. Past treatment for a mental health disorder; and

7. Criminal history.

(c) A second report shall be made for each program participant identified in

paragraph (b) of this subsection no later than twenty-eight (28) days after

filing the initial report and shall provide the progression of the program

participant, including but not limited to:

1. Continuation in the program;

2. The status and type of recommended treatment;

3. Employment or job training;

4. The status and type of educational training;

5. Housing status;

6. Any other information the program provider determines may assist in

evaluation of the pilot program; and

7. If the participant has been discharged from the program due to an

inability or unwillingness to meet the terms and conditions of the

treatment program, including the specific reason for the discharge.

(d) Subsequent reports shall be filed on a quarterly basis. The initial quarterly

report shall be submitted no later than April 15, 2023, with reports due

thereafter on January 15, April 15, July 15, and October 15 of each year of the

pilot program. The quarterly reports shall include for the reporting period:

1. The information required under paragraph (c) of this subsection as it

relates to each program participant, including the length of time the

individual has been a program participant;

2. The number of clinical assessments performed by the program provider;

3. The total number of individuals participating in the behavioral health

conditional dismissal program with that provider;

4. The number of individuals who remain in compliance with the terms and

conditions of the treatment program;

5. The number of individuals who have been discharged from the program

due to an inability or unwillingness to meet the terms and conditions of

the treatment program, including the specific reason for the discharge;

6. For any individual discharged under subparagraph 5. of this paragraph,

the length of time the individual participated in the program;

7. The number of individuals who have been discharged from the program

upon successful completion of the treatment program requirements;

8. The number of individuals who have received medication-assisted

treatment and the result of that treatment;

9. The number of individuals who have completed a recommended job

skills or job training program; and

10. The number of individuals who have completed a recommended

educational component of the program.

(e) A final report shall be filed for each program participant no later than thirty

(30) days following discharge from the program and shall contain, at a

minimum, the following information:

1. If the discharge from the program was due to an inability or

unwillingness to meet the terms and conditions of the treatment program

the:

a. Specific reason for the discharge;

b. Length of time the individual participated in the program;

c. Goals met during the participation period;

d. Identified barriers to completion of the program, if known; and

e. Recommended adjustments to the behavioral health conditional

dismissal program that could provide a greater probability of

successful completion to similar participants; and

2. If the discharge from the program occurred upon successful completion

of the program requirements:

a. The length of time the individual participated in the program;

b. A summary of the specific programs completed and goals attained

by the participant;

c. What continued treatment, if any, is recommended; and

d. Recommended adjustments to the behavioral health conditional

dismissal program that could provide greater benefit to similar

participants.

(4) The attorneys for the Commonwealth participating in the pilot program shall submit

quarterly reports to the Administrative Office of the Courts. The initial quarterly

report shall be submitted no later than April 15, 2023, with reports due thereafter on

January 15, April 15, July 15, and October 15 of each year of the pilot program. The

quarterly reports shall include for the reporting period:

(a) The number of eligible defendants, including the defendant's race, ethnicity,

and gender, who were offered participation in the behavioral health

conditional dismissal program but declined to participate;

(b) The number of eligible defendants, including the defendant's race, ethnicity,

and gender, who sought to participate in the program but whose participation

was not agreed to by the attorney for the Commonwealth;

(c) The number of victims, if there is an identified victim, who did not participate

in the process; and

(d) The number of victims, if there is an identified victim, who did not agree to

the defendant's participation in the program.

(5) If the attorney for the Commonwealth did not agree to an eligible defendant's

participation in the behavioral health conditional dismissal program, he or she shall

include in each quarterly report to the Administrative Office of the Courts the

specific offenses charged for that defendant, and the substantial and compelling

reasons, based upon delineated facts specific to the defendant, why the defendant

was denied participation in the program.

(6) The Chief Justice of the Supreme Court shall submit an annual report to the

Legislative Research Commission, the chair of the Senate Standing Committee on

Judiciary, the chair of the House Standing Committee on Judiciary, and the

Governor by January 31 of each year that includes the information received from

the attorneys for the Commonwealth and the providers for the counties participating

in the behavioral health conditional dismissal program. The report shall include the

information reported under subsections (3) to (5) of this section and shall also

include:

(a) The number of defendants assessed who did not meet the eligibility

requirements for the program following the clinical assessment;

(b) The specific offenses charged for each defendant and the classification of

offenses charged;

(c) The percentage of defendants participating in the program who successfully

completed the program;

(d) The percentage of defendants discharged from the program for

noncompliance; and

(e) The percentage of defendants who are arrested, convicted, and incarcerated

within six (6) months, one (1) year, and two (2) years of successful

completion of the program.