AN ACT relating to behavioral health.

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AN ACT relating to behavioral health. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 533.272 is amended to read as follows: 3
(1) A pilot program shall be established in no more[less] than twenty (20) [ten (10)] 4
counties selected by the Chief Justice of the Supreme Court to participate in a 5
behavioral health condition al dismissal program. The pilot program shall begin 6
January 1, 2023, and shall continue until January 1, 2031, [last for four (4) years] 7
unless extended or limited by the General Assembly. 8
(2) Each participating county shall have access to: 9
(a) Medication-assisted treatment; 10
(b) Recovery services as defined under KRS 533.270; and 11
(c) Educational and vocational resources sufficient to provide the training and 12
assistance required under KRS 533.286. 13
(3) (a) Every behavioral health treatment program provider in the pilot program shall 14
collect and maintain data as provided in this subsectio n relating to program 15
participants under their care, designed to inform the outcomes and 16
effectiveness of the pilot program, to be submitted to the Administrative 17
Office of the Courts as provided under paragraphs (b) to (e) of this subsection. 18
(b) A report shall be made for each program participant no later than fourteen 19
(14) days following the initiation of treatment. The data to be collected and 20
submitted in the report shall include the following information regarding each 21
participant: 22
1. Age, gender, and race or ethnicity; 23
2. Housing history; 24
3. Educational history; 25
4. Employment history; 26
5. Past involvement in addiction recovery and treatment for a substance 27
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use disorder; 1
6. Past treatment for a mental health disorder; and 2
7. Criminal history. 3
(c) A seco nd report shall be made for each program participant identified in 4
paragraph (b) of this subsection no later than twenty -eight (28) days after 5
filing the initial report and shall provide the progression of the program 6
participant, including but not limited to: 7
1. Continuation in the program; 8
2. The status and type of recommended treatment; 9
3. Employment or job training; 10
4. The status and type of educational training; 11
5. Housing status; 12
6. Any other information the program provider determines may assist in 13
evaluation of the pilot program; and 14
7. If the participant has been discharged from the program due to an 15
inability or unwillingness to meet the terms and conditions of the 16
treatment program, including the specific reason for the discharge. 17
(d) Subsequent r eports shall be filed on a quarterly basis. The initial quarterly 18
report shall be submitted no later than April 15, 2023, with reports due 19
thereafter on January 15, April 15, July 15, and October 15 of each year of the 20
pilot program. The quarterly reports shall include for the reporting period: 21
1. The information required under paragraph (c) of this subsection as it 22
relates to each program participant, including the length of time the 23
individual has been a program participant; 24
2. The number of clinical assessments performed by the program provider; 25
3. The total number of individuals participating in the behavioral health 26
conditional dismissal program with that provider; 27
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4. The number of individuals who remain in compliance with the terms 1
and conditions of the treatment program; 2
5. The number of individuals who have been discharged from the program 3
due to an inability or unwillingness to meet the terms and conditions of 4
the treatment program, including the specific reason for the discharge; 5
6. For any individu al discharged under subparagraph 5. of this paragraph, 6
the length of time the individual participated in the program; 7
7. The number of individuals who have been discharged from the program 8
upon successful completion of the treatment program requirements; 9
8. The number of individuals who have received medication -assisted 10
treatment and the result of that treatment; 11
9. The number o f individuals who have completed a recommended job 12
skills or job training program; and 13
10. The number of individuals who have completed a recommended 14
educational component of the program. 15
(e) A final report shall be filed for each program participant no la ter than thirty 16
(30) days following discharge from the program and shall contain, at a 17
minimum, the following information: 18
1. If the discharge from the program was due to an inability or 19
unwillingness to meet the terms and conditions of the treatment program 20
the: 21
a. Specific reason for the discharge; 22
b. Length of time the individual participated in the program; 23
c. Goals met during the participation period; 24
d. Identified barriers to completion of the program, if known; and 25
e. Recommended adjustments to the b ehavioral health conditional 26
dismissal program that could provide a greater probability of 27
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successful completion to similar participants; and 1
2. If the discharge from the program occurred upon successful completion 2
of the program requirements: 3
a. The length of time the individual participated in the program; 4
b. A summary of the specific programs completed and goals attained 5
by the participant; 6
c. What continued treatment, if any, is recommended; and 7
d. Recommended adjustments to the behavioral health condit ional 8
dismissal program that could provide greater benefit to similar 9
participants. 10
(4) The attorneys for the Commonwealth participating in the pilot program shall submit 11
quarterly reports to the Administrative Office of the Courts. The initial quarterly 12
report shall be submitted no later than April 15, 2023, with reports due thereafter on 13
January 15, April 15, July 15, and October 15 of each year of the pilot program. 14
The quarterly reports shall include for the reporting period: 15
(a) The number of eligible defendants, including the defendant's race, ethnicity, 16
and gender, who were offered participation in the behavioral health 17
conditional dismissal program but declined to participate; 18
(b) The number of eligible defendants, including the defendant's race, eth nicity, 19
and gender, who sought to participate in the program but whose participation 20
was not agreed to by the attorney for the Commonwealth; 21
(c) The number of victims, if there is an identified victim, who did not participate 22
in the process; and 23
(d) The number of victims, if there is an identified victim, who did not agree to 24
the defendant's participation in the program. 25
(5) If the attorney for the Commonwealth did not agree to an eligible defendant's 26
participation in the behavioral health conditional dismi ssal program, he or she shall 27
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include in each quarterly report to the Administrative Office of the Courts the 1
specific offenses charged for that defendant, and the substantial and compelling 2
reasons, based upon delineated facts specific to the defendant, w hy the defendant 3
was denied participation in the program. 4
(6) The Chief Justice of the Supreme Court shall submit an annual report to the 5
Legislative Research Commission, the chair of the Senate Standing Committee on 6
Judiciary, the chair of the House Stand ing Committee on Judiciary, and the 7
Governor by January 31 of each year that includes the information received from 8
the attorneys for the Commonwealth and the providers for the counties participating 9
in the behavioral health conditional dismissal program. The report shall include the 10
information reported under subsections (3) to (5) of this section and shall also 11
include: 12
(a) The number of defendants assessed who did not meet the eligibility 13
requirements for the program following the clinical assessment; 14
(b) The specific offenses charged for each defendant and the classification of 15
offenses charged; 16
(c) The percentage of defendants participating in the program who successfully 17
completed the program; 18
(d) The percentage of defendants discharged from the program for 19
noncompliance; and 20
(e) The percentage of defendants who are arrested, convicted, and incarcerated 21
within: 22
1. Six (6) months:[,] 23
2. One (1) year;[, and] 24
3. Two (2) years; 25
4. Three (3) years; 26
5. Four (4) years; and 27
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6. Five (5) years; 1
of successful completion of the program. 2
(7) (a) The annual report required in subsection (6) of this section shall also 3
include the information required under subsection (6)(e) of this section for 4
defendants arrested, convicted, and incarcerated of a qualifying offense as 5
defined in KRS 533.270 in counties not participating in the program. 6
(b) The information required under paragraph (a) of this subsection shall be 7
obtained for defendants in counties of similar popula tion and geographical 8
location to a county participating in the program. 9
Section 2. KRS 533.288 is amended to read as follows: 10
(1) The Behavioral Health Conditional Dismissal Program Implementation Council is 11
created for the purpose of assisting with the implementation of the behavioral health 12
conditional dismissal pilot program created under KRS 533.272. 13
(2) The membership of the council shall include the following: 14
(a) The executive director of the Office of Drug Contro l Policy, or his or her 15
designee, who shall serve as chair of the council; 16
(b) The director of the Administrative Office of the Courts, or his or her designee; 17
(c) The commissioner of the Department for Behavioral Health, Developmental 18
and Intellectual Disabilities, or his or her designee; 19
(d) The commissioner of the Kentucky Department for Medicaid Services, or his 20
or her designee; 21
(e) The public advocate, or his or her designee; 22
(f) A member of the Kentucky Commonwealth's Attorneys' Association, elected 23
by its membership; 24
(g) A member of the Kentucky County Attorneys Association; 25
(h) One (1) Circuit Judge, elected by the Circuit Judges Association of Kentucky; 26
(i) One (1) District Judge, elected by the District Judges Association of 27
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Kentucky; 1
(j) The execu tive director of the Office of Adult Education, or his or her 2
designee; 3
(k) The executive director of the Kentucky Jailers Association, or his or her 4
designee; and 5
(l) Two (2) individuals selected by the Kentucky Association of Regional 6
Programs, one (1) of whom shall be in recovery from a substance use disorder 7
and one (1) of whom is being treated or has been treated for a mental health 8
disorder as defined in KRS 533.270. 9
(3) The council shall meet at least quarterly. Meetings shall be held at the call of the 10
chair, or upon the written request of two (2) members to the chair. 11
(4) The council shall: 12
(a) Oversee the implementation of the behavioral health conditional dismi ssal 13
program pilot project; and 14
(b) Review the data collected by the Administrative Office of the Courts and 15
report to the Interim Joint Committee on Judiciary and the Governor by 16
October 1 of each year of the pilot project regarding: 17
1. Recommendations fo r any additional performance measures needed to 18
promote the success of the program; 19
2. Whether any action is necessary, including funding or legislation; 20
3. Recommendations for resolving any matters that reduce the 21
effectiveness of the program; and 22
4. Any additional information the council deems appropriate. 23
(5) Members shall not receive any additional compensation for their service on the 24
council but shall be reimbursed for all necessary expenses. 25
(6) The council shall be attached to the Justice and Public Safety Cabinet for 26
administrative purposes. 27
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(7) The council shall terminate December 31, 2031 [December 31, 2027] , unless 1
extended by the General Assembly. 2
Section 3. 2022 Ky. Acts ch. 230, sec. 13 is amended to read as follows: 3
Notwithstanding KRS 15.291 and 15.293(5), there is hereby appropriated Restricted 4
Funds in the amount $10,500,000 in each fiscal year beginning July 1, 2022, and ending 5
June 30, 2026, from the Opioid Abatement Trust Fund to the Behavioral Health, 6
Developmental and Intellectual Disabilities budget unit for the behavioral health 7
conditional dismissal program described in Sections 1 to 8 of this Act. The department 8
shall reimburse the Administrative Office of the Courts for administrative costs relate d to 9
the program up to $500,000 per year. Notwithstanding KRS 45.229, moneys not 10
expended at the close of fiscal year 2025 -2026 shall not lapse but shall be carried 11
forward. 12
Section 4. KRS 210.040 is amended to read as follows: 13
The Cabinet for Health and Family Services shall: 14
(1) Exercise all functions of the state in relation to the administration and operation of 15
the state facilities[institutions] for the care and treatment of persons with mental 16
illness; 17
(2) Establish or acquire, in accordance with the provisions of KRS 56.440 to 56.550, 18
other or additional facilities for psychiatric care and treatment of persons who are or 19
may become state charges; 20
(3) Cooperate with other state agencies for the development of a state wide mental 21
health program looking toward the prevention of mental illness and the 22
aftercare[post-institutional care] of persons released from public or private mental 23
hospitals; 24
(4) Provide for the custody, maintenance, care, and medical and psychiatric t reatment 25
of the patients of the facilities[institutions] operated by the cabinet , including 26
emergency and other medical care required to be provided outside of the facility 27
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while the patient is admitted to the facility. Expenses of the outside medical 1
provider, other than elective procedures or elective surgery, shall be paid by the 2
cabinet and included in the determination of the patient liability when not 3
covered by the patient's third-party payor; 4
(5) Provide psychiatric consultation for the state penal and correctional institutions, and 5
for the state facilities[institutions] operated for children or for persons with an 6
intellectual disability; 7
(6) Administer and supervise programs for the [noninstitutional ]care of persons with 8
mental illness outside of state facilities; 9
(7) Administer and supervise programs for the care of persons with chronic mental 10
illness, including but not limited to provision of the following: 11
(a) Identification of persons with chronic mental illness residing in the area to be 12
served; 13
(b) Assistance to persons with chronic mental illness in gaining access to 14
essential mental health services, medical and rehabilitation services, 15
employment, housing, and other support services designed to enable persons 16
with chronic mental illness to function outside inpatient facilities[institutions] 17
to the maximum extent of their capabilities; 18
(c) Establishment of community -based transitional living facilities with twenty -19
four (24) hour supervision and co mmunity-based cooperative facilities with 20
part-time supervision; provided that, no more than either one (1) transitional 21
facility or one (1) cooperative facility may be established in a county 22
containing a city of the first class or consolidated local gove rnment with any 23
funds available to the cabinet; 24
(d) Assurance of the availability of a case man ager for each person with chronic 25
mental illness to determine what services are needed and to be responsible for 26
their provision; and 27
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(e) Coordination of the provision of mental health and related support services 1
with the provision of other support servic es to persons with chronic mental 2
illness; 3
(8) Require all providers who receive public funds through state contracts, state grants, 4
or reimbursement for services provided to have formalized quality assurance and 5
quality improvement processes, including bu t not limited to a grievance procedure; 6
and 7
(9) Supervise private mental hospitals receiving patients committed by order of a court. 8