{"data":{"id":"us-ky/krs-533.272","jurisdiction":"us-ky","citation":"KRS 533.272","heading":"Behavioral health conditional dismissal pilot program -- Elements --","body":"Reporting requirements.\n(1) A pilot program shall be established in no more than twenty (20) counties selected\nby the Chief Justice of the Supreme Court to participate i n a behavioral health\nconditional dismissal program. The pilot program shall begin January 1, 2023, and\nshall continue until January 1, 2031, unless extended or limited by the General\nAssembly.\n(2) Each participating county shall have access to:\n(a) Medication-assisted treatment;\n(b) Recovery services as defined under KRS 533.270; and\n(c) Educational and vocational resources sufficient to provide the training and\nassistance required under KRS 533.286.\n(3) (a) Every behavioral health treatment program provider in the pilot program shall\ncollect and maintain data as provided in this subsection relating to program\nparticipants under their care, designed to inform the outcomes and\neffectiveness of the pilot program, to be submitted to the Administrative\nOffice of the Courts as provided under paragraphs (b) to (e) of this subsection.\n(b) A report shall be made for each program participant no later than fourteen\n(14) days following the initiation of treatment. The data to be collected and\nsubmitted in the report shall include the following information regarding each\nparticipant:\n1. Age, gender, and race or ethnicity;\n2. Housing history;\n3. Educational history;\n4. Employment history;\n5. Past involvement in addiction recovery and treatment for a substance\nuse disorder;\n6. Past treatment for a mental health disorder; and\n7. Criminal history.\n(c) A second report shall be made for each program participant identified in\nparagraph (b) of this s ubsection no later than twenty -eight (28) days after\nfiling the initial report and shall provide the progression of the program\nparticipant, including but not limited to:\n1. Continuation in the program;\n2. The status and type of recommended treatment;\n3. Employment or job training;\n4. The status and type of educational training;\n5. Housing status;\n6. Any other information the program provider determines may assist in\nevaluation of the pilot program; and\n7. If the participant has been discharged from the pro gram due to an\ninability or unwillingness to meet the terms and conditions of the\ntreatment program, including the specific reason for the discharge.\n(d) Subsequent reports shall be filed on a quarterly basis. The initial quarterly\nreport shall be submitte d no later than April 15, 2023, with reports due\nthereafter on January 15, April 15, July 15, and October 15 of each year of the\npilot program. The quarterly reports shall include for the reporting period:\n1. The information required under paragraph (c) of  this subsection as it\nrelates to each program participant, including the length of time the\nindividual has been a program participant;\n2. The number of clinical assessments performed by the program provider;\n3. The total number of individuals participatin g in the behavioral health\nconditional dismissal program with that provider;\n4. The number of individuals who remain in compliance with the terms\nand conditions of the treatment program;\n5. The number of individuals who have been discharged from the progra m\ndue to an inability or unwillingness to meet the terms and conditions of\nthe treatment program, including the specific reason for the discharge;\n6. For any individual discharged under subparagraph 5. of this paragraph,\nthe length of time the individual participated in the program;\n7. The number of individuals who have been discharged from the program\nupon successful completion of the treatment program requirements;\n8. The number of individuals who have received medication -assisted\ntreatment and the result of that treatment;\n9. The number of individuals who have completed a recommended job\nskills or job training program; and\n10. The number of individuals who have completed a recommended\neducational component of the program.\n(e) A final report shall be filed  for each program participant no later than thirty\n(30) days following discharge from the program and shall contain, at a\nminimum, the following information:\n1. If the discharge from the program was due to an inability or\nunwillingness to meet the terms and conditions of the treatment program\nthe:\na. Specific reason for the discharge;\nb. Length of time the individual participated in the program;\nc. Goals met during the participation period;\nd. Identified barriers to completion of the program, if known; and\ne. Recommended adjustments to the behavioral health conditional\ndismissal program that could provide a greater probability of\nsuccessful completion to similar participants; and\n2. If the discharge from the program occurred upon successful completion\nof the program requirements:\na. The length of time the individual participated in the program;\nb. A summary of the specific programs completed and goals attained\nby the participant;\nc. What continued treatment, if any, is recommended; and\nd. Recommended adjustments to the behavioral health conditional\ndismissal program that could provide greater benefit to similar\nparticipants.\n(4) The attorneys for the Commonwealth participating in the pilot program shall submit\nquarterly reports to the Administrative Office of the Courts. The initial quarterly\nreport shall be submitted no later than April 15, 2023, with reports due thereafter on\nJanuary 15, April 15, July 15, and October 15 of each year of the pilot  program.\nThe quarterly reports shall include for the reporting period:\n(a) The number of eligible defendants, including the defendant's race, ethnicity,\nand gender, who were offered participation in the behavioral health\nconditional dismissal program but declined to participate;\n(b) The number of eligible defendants, including the defendant's race, ethnicity,\nand gender, who sought to participate in the program but whose participation\nwas not agreed to by the attorney for the Commonwealth;\n(c) The number of victims, if there is an identified victim, who did not participate\nin the process; and\n(d) The number of victims, if there is an identified victim, who did not agree to\nthe defendant's participation in the program.\n(5) If the attorney for the Commonwealt h did not agree to an eligible defendant's\nparticipation in the behavioral health conditional dismissal program, he or she shall\ninclude in each quarterly report to the Administrative Office of the Courts the\nspecific offenses charged for that defendant, a nd the substantial and compelling\nreasons, based upon delineated facts specific to the defendant, why the defendant\nwas denied participation in the program.\n(6) The Chief Justice of the Supreme Court shall submit an annual report to the\nLegislative Research Commission, the chair of the Senate Standing Committee on\nJudiciary, the chair of the House Standing Committee on Judiciary, and the\nGovernor by January 31 of each year that includes the information received from\nthe attorneys for the Commonwealth and the providers for the counties participating\nin the behavioral health conditional dismissal program. The report shall include the\ninformation reported under subsections (3) to (5) of this section and shall also\ninclude:\n(a) The number of defendants assessed who did not meet the eligibility\nrequirements for the program following the clinical assessment;\n(b) The specific offenses charged for each defendant and the classification of\noffenses charged;\n(c) The percentage of defendants participating in the program who successfully\ncompleted the program;\n(d) The percentage of defendants discharged from the program for\nnoncompliance; and\n(e) The percentage of defendants who are arrested, convicted, and incarcerated\nwithin:\n1. Six (6) months;\n2. One (1) year;\n3. Two (2) years;\n4. Three (3) years;\n5. Four (4) years; and\n6. Five (5) years;\nof successful completion of the program.\n(7) (a) The annual report required in subsection (6) of this section shall also include\nthe information required under subsection (6)(e) of this section for defendants\narrested, convicted, and incarcerated of a qualifying offense as defined in\nKRS 533.270 in counties not participating in the program.\n(b) The information required under paragraph (a) of this subsection shall be\nobtained for defendants in counties of similar population and geographical\nlocation to a county participating in the program.","path":["KRS Chapter 533"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57640","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"51160cf0e22d5c752df15e40067a06338020a6a820ea703822f8abe3ef0ef496","source_id":"us-ky","stale":false,"prev":"us-ky/krs-533.270","next":"us-ky/krs-533.274"},"notice":"GroundRules: Original legal text. Not legal advice."}