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Kentucky General Assembly· SB 90signed by Governor (Acts Ch. 122)

An act relating to behavioral health., the official text

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UNOFFICIAL COPY                                            26 RS SB 90/EN

1   AN ACT relating to behavioral health.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 533.272 is amended to read as follows:

4 (1) A pilot program shall be established in no more[less] than twenty (20)[ten (10)]

5   counties selected by the Chief Justice of the Supreme Court to participate in a

6   behavioral health conditional dismissal program. The pilot program shall begin

7   January 1, 2023, and shall continue until January 1, 2031,[last for four (4) years]

8   unless extended or limited by the General Assembly.

9 (2) Each participating county shall have access to:

10  (a) Medication-assisted treatment;

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

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

13  assistance required under KRS 533.286.

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

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

16  participants under their care, designed to inform the outcomes and

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

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

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

20  (14) days following the initiation of treatment. The data to be collected and

21  submitted in the report shall include the following information regarding each

22  participant:

23  1. Age, gender, and race or ethnicity;

24  2. Housing history;

25  3. Educational history;

26  4. Employment history;

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

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    UNOFFICIAL COPY                                            26 RS SB 90/EN

1   use disorder;

2   6. Past treatment for a mental health disorder; and

3   7. Criminal history.

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

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

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

7   participant, including but not limited to:

8   1. Continuation in the program;

9   2. The status and type of recommended treatment;

10  3. Employment or job training;

11  4. The status and type of educational training;

12  5. Housing status;

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

14  evaluation of the pilot program; and

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

16  inability or unwillingness to meet the terms and conditions of the

17  treatment program, including the specific reason for the discharge.

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

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

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

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

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

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

24  individual has been a program participant;

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

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

27  conditional dismissal program with that provider;

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    UNOFFICIAL COPY                                            26 RS SB 90/EN

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

2   and conditions of the treatment program;

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

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

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

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

7   the length of time the individual participated in the program;

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

9   upon successful completion of the treatment program requirements;

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

11  treatment and the result of that treatment;

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

13  skills or job training program; and

14  10. The number of individuals who have completed a recommended

15  educational component of the program.

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

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

18  minimum, the following information:

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

20  unwillingness to meet the terms and conditions of the treatment program

21  the:

22  a. Specific reason for the discharge;

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

24  c. Goals met during the participation period;

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

26  e. Recommended adjustments to the behavioral health conditional

27                   dismissal program that could provide a greater probability of

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    UNOFFICIAL COPY                                                      26 RS SB 90/EN

1                    successful completion to similar participants; and

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

3   of the program requirements:

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

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

6                    by the participant;

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

8   d. Recommended adjustments to the behavioral health conditional

9                    dismissal program that could provide greater benefit to similar

10                   participants.

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

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

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

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

15  The quarterly reports shall include for the reporting period:

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

17  and gender, who were offered participation in the behavioral health

18  conditional dismissal program but declined to participate;

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

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

21  was not agreed to by the attorney for the Commonwealth;

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

23  in the process; and

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

25  the defendant's participation in the program.

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

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

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    UNOFFICIAL COPY                                                  26 RS SB 90/EN

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

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

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

4   was denied participation in the program.

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

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

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

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

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

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

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

12  include:

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

14  requirements for the program following the clinical assessment;

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

16  offenses charged;

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

18  completed the program;

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

20  noncompliance; and

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

22  within:

23  1. Six (6) months:[,]

24  2. One (1) year;[, and]

25  3. Two (2) years;

26  4. Three (3) years;

27  5. Four (4) years; and

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    UNOFFICIAL COPY                                                 26 RS SB 90/EN

1   6. Five (5) years;

2   of successful completion of the program.

3 (7) (a) The annual report required in subsection (6) of this section shall also

4   include the information required under subsection (6)(e) of this section for

5   defendants arrested, convicted, and incarcerated of a qualifying offense as

6   defined in KRS 533.270 in counties not participating in the program.

7   (b) The information required under paragraph (a) of this subsection shall be

8   obtained for defendants in counties of similar population and geographical

9   location to a county participating in the program.

10  Section 2. KRS 533.288 is amended to read as follows:

11 (1) The Behavioral Health Conditional Dismissal Program Implementation Council is

12  created for the purpose of assisting with the implementation of the behavioral health

13  conditional dismissal pilot program created under KRS 533.272.

14 (2) The membership of the council shall include the following:

15  (a) The executive director of the Office of Drug Control Policy, or his or her

16  designee, who shall serve as chair of the council;

17  (b) The director of the Administrative Office of the Courts, or his or her designee;

18  (c) The commissioner of the Department for Behavioral Health, Developmental

19  and Intellectual Disabilities, or his or her designee;

20  (d) The commissioner of the Kentucky Department for Medicaid Services, or his

21  or her designee;

22  (e) The public advocate, or his or her designee;

23  (f) A member of the Kentucky Commonwealth's Attorneys' Association, elected

24  by its membership;

25  (g) A member of the Kentucky County Attorneys Association;

26  (h) One (1) Circuit Judge, elected by the Circuit Judges Association of Kentucky;

27  (i) One (1) District Judge, elected by the District Judges Association of

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    UNOFFICIAL COPY                                                      26 RS SB 90/EN

1   Kentucky;

2   (j) The executive director of the Office of Adult Education, or his or her

3   designee;

4   (k) The executive director of the Kentucky Jailers Association, or his or her

5   designee; and

6   (l) Two (2) individuals selected by the Kentucky Association of Regional

7   Programs, one (1) of whom shall be in recovery from a substance use disorder

8   and one (1) of whom is being treated or has been treated for a mental health

9   disorder as defined in KRS 533.270.

10 (3) The council shall meet at least quarterly. Meetings shall be held at the call of the

11  chair, or upon the written request of two (2) members to the chair.

12 (4) The council shall:

13  (a) Oversee the implementation of the behavioral health conditional dismissal

14  program pilot project; and

15  (b) Review the data collected by the Administrative Office of the Courts and

16  report to the Interim Joint Committee on Judiciary and the Governor by

17  October 1 of each year of the pilot project regarding:

18  1. Recommendations for any additional performance measures needed to

19  promote the success of the program;

20  2. Whether any action is necessary, including funding or legislation;

21  3. Recommendations for resolving any matters that reduce the

22  effectiveness of the program; and

23  4. Any additional information the council deems appropriate.

24 (5) Members shall not receive any additional compensation for their service on the

25  council but shall be reimbursed for all necessary expenses.

26 (6) The council shall be attached to the Justice and Public Safety Cabinet for

27  administrative purposes.

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    UNOFFICIAL COPY                                            26 RS SB 90/EN

1 (7) The council shall terminate December 31, 2031[December 31, 2027], unless

2   extended by the General Assembly.

3   Section 3. 2022 Ky. Acts ch. 230, sec. 13 is amended to read as follows:

4   Notwithstanding KRS 15.291 and 15.293(5), there is hereby appropriated Restricted

5 Funds in the amount $10,500,000 in each fiscal year beginning July 1, 2022, and ending

6 June 30, 2026, from the Opioid Abatement Trust Fund to the Behavioral Health,

7 Developmental and Intellectual Disabilities budget unit for the behavioral health

8 conditional dismissal program described in Sections 1 to 8 of this Act. The department

9 shall reimburse the Administrative Office of the Courts for administrative costs related to

10 the program up to $500,000 per year. Notwithstanding KRS 45.229, moneys not

11 expended at the close of fiscal year 2025-2026 shall not lapse but shall be carried

12 forward.

13  Section 4. KRS 210.040 is amended to read as follows:

14 The Cabinet for Health and Family Services shall:

15 (1) Exercise all functions of the state in relation to the administration and operation of

16  the state facilities[institutions] for the care and treatment of persons with mental

17  illness;

18 (2) Establish or acquire, in accordance with the provisions of KRS 56.440 to 56.550,

19  other or additional facilities for psychiatric care and treatment of persons who are or

20  may become state charges;

21 (3) Cooperate with other state agencies for the development of a statewide mental

22  health program looking toward the prevention of mental illness and the

23  aftercare[post-institutional care] of persons released from public or private mental

24  hospitals;

25 (4) Provide for the custody, maintenance, care, and medical and psychiatric treatment

26  of the patients of the facilities[institutions] operated by the cabinet, including

27  emergency and other medical care required to be provided outside of the facility

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    UNOFFICIAL COPY                                                    26 RS SB 90/EN

1   while the patient is admitted to the facility. Expenses of the outside medical

2   provider, other than elective procedures or elective surgery, shall be paid by the

3   cabinet and included in the determination of the patient liability when not

4   covered by the patient's third-party payor;

5 (5) Provide psychiatric consultation for the state penal and correctional institutions, and

6   for the state facilities[institutions] operated for children or for persons with an

7   intellectual disability;

8 (6) Administer and supervise programs for the [noninstitutional ]care of persons with

9   mental illness outside of state facilities;

10 (7) Administer and supervise programs for the care of persons with chronic mental

11  illness, including but not limited to provision of the following:

12  (a) Identification of persons with chronic mental illness residing in the area to be

13  served;

14  (b) Assistance to persons with chronic mental illness in gaining access to

15  essential mental health services, medical and rehabilitation services,

16  employment, housing, and other support services designed to enable persons

17  with chronic mental illness to function outside inpatient facilities[institutions]

18  to the maximum extent of their capabilities;

19  (c) Establishment of community-based transitional living facilities with twenty-

20  four (24) hour supervision and community-based cooperative facilities with

21  part-time supervision; provided that, no more than either one (1) transitional

22  facility or one (1) cooperative facility may be established in a county

23  containing a city of the first class or consolidated local government with any

24  funds available to the cabinet;

25  (d) Assurance of the availability of a case manager for each person with chronic

26  mental illness to determine what services are needed and to be responsible for

27  their provision; and

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   UNOFFICIAL COPY                                             26 RS SB 90/EN

1  (e) Coordination of the provision of mental health and related support services

2       with the provision of other support services to persons with chronic mental

3       illness;

4 (8) Require all providers who receive public funds through state contracts, state grants,

5  or reimbursement for services provided to have formalized quality assurance and

6  quality improvement processes, including but not limited to a grievance procedure;

7  and

8 (9) Supervise private mental hospitals receiving patients committed by order of a court.

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