AN ACT relating to behavioral health.
SB90 extends and expands Kentucky’s behavioral health conditional dismissal pilot program, which allows eligible defendants in participating counties to enter treatment-focused alternatives to traditional prosecution. The bill keeps the pilot in place through January 1, 2031, and requires access to medication-assisted treatment, recovery services, and educational and vocational supports. It also updates the program’s reporting structure so treatment providers, Commonwealth’s attorneys, and the Chief Justice’s office must collect and submit detailed participant-level and program-level data on eligibility, treatment progress, completion, discharge reasons, employment, housing, education, and recidivism outcomes.
The bill also revises the Behavioral Health Conditional Dismissal Program Implementation Council, which oversees implementation and reviews data to make recommendations to the legislature and governor. It adds or confirms representation from courts, prosecutors, defense, behavioral health, Medicaid, adult education, jailers, and recovery/mental health participants, and extends the council’s termination date to December 31, 2031. Finally, SB90 continues and clarifies funding from the Opioid Abatement Trust Fund, appropriating $10.5 million per fiscal year through FY 2025-2026 and allowing up to $500,000 annually for Administrative Office of the Courts administrative costs, with unspent funds carried forward.
SB90 amends KRS 533.272 and KRS 533.288 and modifies a 2022 appropriations provision to sustain the behavioral health conditional dismissal pilot and its administrative structure. It affects criminal procedure, court administration, behavioral health treatment access, and state funding by extending the pilot timeline, expanding reporting obligations, and continuing restricted-fund support from the Opioid Abatement Trust Fund for treatment services and court administration. The bill also requires ongoing data collection and annual reporting to the legislature, governor, and judicial branch, which may influence future policy decisions about diversion, treatment, and criminal justice outcomes for defendants with behavioral health needs.
The available voting history suggests strong bipartisan support and little visible opposition. The Senate passed the bill unanimously on third reading, and both chambers later approved it overwhelmingly, including a unanimous Senate vote after the House veto override. The absence of committee transcript material limits insight into debate, but the recorded votes indicate broad agreement with continuing and refining the program.
No specific committee objections are available in the provided materials, and the votes show no recorded dissent. The main policy issues implicit in the bill are the scope of eligibility for diversion, the level of prosecutorial discretion in approving participation, the breadth of data collection, and the continued use of opioid settlement-related funds for the program. The bill’s reporting requirements also highlight concerns about program effectiveness, equity in access, and whether the pilot should be expanded, modified, or made permanent based on outcomes.