{"data":{"id":"us-ky/krs-533.270","jurisdiction":"us-ky","citation":"KRS 533.270","heading":"Definitions for KRS 533.270 to 533.290.","body":"As used in KRS 533.270 to 533.290:\n(1) \"Behavioral health conditional dismissal program\" means a program designed to\nprovide an eligible person who has a behavioral health disorder and who has been\ncharged with a qualifying offense an alternative to receiv e treatment and recovery\nsupport services addressing the behavioral health disorder instead of incarceration,\nresulting in dismissal of the charges upon successful completion;\n(2) \"Behavioral health disorder\" means a mental health disorder or substance use\ndisorder, or both;\n(3) \"Behavioral health treatment program\" means a plan or recovery program, based\nupon a clinical assessment, that:\n(a) Identifies and incorporates recovery services to meet the specific treatment\nand recovery goals and the needs of the individual served;\n(b) Addresses the social determinants of health to include housing, transportation,\naccess to medical care, and meaningful employment; and\n(c) Considers a full continuum of care;\n(4) \"Clinical assessment\" means an assessment that is per formed by a qualified mental\nhealth professional in accordance with the most recent American Society of\nAddiction Medicine criteria for a substance use disorder and the most recent edition\nof the American Psychiatric Association's Diagnostic and Statistica l Manual of\nMental Disorders for a mental health disorder;\n(5) \"Eligible applicant\" or \"eligible person\" means an individual:\n(a) Who has completed a clinical assessment and been referred to care; and\n(b) Who meets the requirements of KRS 533.274;\n(6) \"Mental health disorder\" is a diagnostic term that covers many clinical categories\ntypically including behavioral or psychological symptoms, or both, along with\nimpairment of personal and social function, and specifically defined and clinically\ninterpreted through reference to criteria contained in the most recent edition of the\nAmerican Psychiatric Association's Diagnostic and Statistical Manual of Mental\nDisorders;\n(7) \"Qualified mental health professional\" means the same as in KRS 202A.011 and\nshall include a licensed clinical alcohol and drug counselor under KRS Chapter 309;\n(8) \"Qualifying offense\" means a misdemeanor or Class D felony that is not:\n(a) An offense that would qualify the person as a violent offender under KRS\n439.3401;\n(b) A sex crime as defined by KRS 17.500;\n(c) An offense under KRS 189A.010;\n(d) An offense against a victim who has a protective order as defined in KRS\n508.130 against the defendant at the time the offense is charged;\n(e) An act of domestic violence and abus e as defined in KRS 403.720, or an act\nof dating violence and abuse as defined in KRS 456.010, against the defendant\nat the time the offense is charged; or\n(f) An offense against a victim who has an interpersonal protective order issued\nunder KRS 456.060;\n(9) \"Recovery services\" means rehabilitative treatment services that shall include but\nnot be limited to any or all of the following:\n(a) Outpatient treatment;\n(b) National Alliance of Recovery Residences or the Council on Accreditation of\nRehabilitation Facilities certified housing;\n(c) Medication treatment;\n(d) Personal and family counseling;\n(e) Substance abuse education and prevention classes or counseling;\n(f) Vocational training;\n(g) Literacy training;\n(h) Community service;\n(i) Inpatient or residential behavioral health treatment as needed to address:\n1. Impaired capacity to use self -control, judgment, or discretion related to\nbehavior;\n2. Severe dependence;\n3. Special detoxification;\n4. Relapse; or\n5. Other treatments recommended by a qualified menta l health\nprofessional;\n(j) Restorative practices designed to make the participant accountable to the\nvictim when there is an identified victim, and it is safe to do so;\n(k) Recovery housing assistance; and\n(l) Recovery housing programs that have an establi shed third -party outcome\nevaluation; and\n(10) \"Substance use disorder\" has the same meaning as in KRS 222.005.","path":["KRS Chapter 533"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53185","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"ae0d04f328062c236a2544470aa59a7628fa4654b17d515e1e787f7532dc2954","source_id":"us-ky","stale":false,"prev":"us-ky/krs-533.262","next":"us-ky/krs-533.272"},"notice":"GroundRules: Original legal text. Not legal advice."}