533.272 Behavioral health conditional dismissal pilot program -- Elements --
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/ky/533-272A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Reporting requirements.
(1)A pilot program shall be established in no less than ten
(10)counties selected by the
Chief Justice of the Supreme Court to participate in a behavioral health conditional
dismissal program. The pilot program shall begin January 1, 2023, and shall last for
four
(4)years unless extended or limited by the General Assembly.
(2)Each participating county shall have access to:
(a)Medication-assisted treatment;
(b)Recovery services as defined under KRS 533.270; and
(c)Educational and vocational resources sufficient to provide the training and
assistance required under KRS 533.286.
(a)Every behavioral health treatment program provider in the pilot program shall
collect and maintain data as provided in this subsection relating to program
participants under their care, designed to inform the outcomes and
effectiveness of the pilot program, to be submitted to the Administrative
Office of the Courts as provided under paragraphs
(b)to
(e)of this subsection.
(b)A report shall be made for each program participant no later than fourteen
days following the initiation of treatment. The data to be collected and
submitted in the report shall include the following information regarding each
participant:
1. Age, gender, and race or ethnicity;
2. Housing history;
3. Educational history;
4. Employment history;
5. Past involvement in addiction recovery and treatment for a substance use
disorder;
6. Past treatment for a mental health disorder; and
7. Criminal history.
(c)A second report shall be made for each program participant identified in
paragraph
(b)of this subsection no later than twenty-eight
(28)days after
filing the initial report and shall provide the progression of the program
participant, including but not limited to:
1. Continuation in the program;
2. The status and type of recommended treatment;
3. Employment or job training;
4. The status and type of educational training;
5. Housing status;
6. Any other information the program provider determines may assist in
evaluation of the pilot program; and
7. If the participant has been discharged from the program due to an
inability or unwillingness to meet the terms and conditions of the
treatment program, including the specific reason for the discharge.
(d)Subsequent reports shall be filed on a quarterly basis. The initial quarterly
report shall be submitted no later than April 15, 2023, with reports due
thereafter on January 15, April 15, July 15, and October 15 of each year of the
pilot program. The quarterly reports shall include for the reporting period:
1. The information required under paragraph
(c)of this subsection as it
relates to each program participant, including the length of time the
individual has been a program participant;
2. The number of clinical assessments performed by the program provider;
3. The total number of individuals participating in the behavioral health
conditional dismissal program with that provider;
4. The number of individuals who remain in compliance with the terms and
conditions of the treatment program;
5. The number of individuals who have been discharged from the program
due to an inability or unwillingness to meet the terms and conditions of
the treatment program, including the specific reason for the discharge;
6. For any individual discharged under subparagraph 5. of this paragraph,
the length of time the individual participated in the program;
7. The number of individuals who have been discharged from the program
upon successful completion of the treatment program requirements;
8. The number of individuals who have received medication-assisted
treatment and the result of that treatment;
9. The number of individuals who have completed a recommended job
skills or job training program; and
10. The number of individuals who have completed a recommended
educational component of the program.
(e)A final report shall be filed for each program participant no later than thirty
(30)days following discharge from the program and shall contain, at a
minimum, the following information:
1. If the discharge from the program was due to an inability or
unwillingness to meet the terms and conditions of the treatment program
the:
a. Specific reason for the discharge;
b. Length of time the individual participated in the program;
c. Goals met during the participation period;
d. Identified barriers to completion of the program, if known; and
e. Recommended adjustments to the behavioral health conditional
dismissal program that could provide a greater probability of
successful completion to similar participants; and
2. If the discharge from the program occurred upon successful completion
of the program requirements:
a. The length of time the individual participated in the program;
b. A summary of the specific programs completed and goals attained
by the participant;
c. What continued treatment, if any, is recommended; and
d. Recommended adjustments to the behavioral health conditional
dismissal program that could provide greater benefit to similar
participants.
(4)The attorneys for the Commonwealth participating in the pilot program shall submit
quarterly reports to the Administrative Office of the Courts. The initial quarterly
report shall be submitted no later than April 15, 2023, with reports due thereafter on
January 15, April 15, July 15, and October 15 of each year of the pilot program. The
quarterly reports shall include for the reporting period:
(a)The number of eligible defendants, including the defendant's race, ethnicity,
and gender, who were offered participation in the behavioral health
conditional dismissal program but declined to participate;
(b)The number of eligible defendants, including the defendant's race, ethnicity,
and gender, who sought to participate in the program but whose participation
was not agreed to by the attorney for the Commonwealth;
(c)The number of victims, if there is an identified victim, who did not participate
in the process; and
(d)The number of victims, if there is an identified victim, who did not agree to
the defendant's participation in the program.
(5)If the attorney for the Commonwealth did not agree to an eligible defendant's
participation in the behavioral health conditional dismissal program, he or she shall
include in each quarterly report to the Administrative Office of the Courts the
specific offenses charged for that defendant, and the substantial and compelling
reasons, based upon delineated facts specific to the defendant, why the defendant
was denied participation in the program.
(6)The Chief Justice of the Supreme Court shall submit an annual report to the