Last Action | 04/20/22: signed by Governor (Acts Ch. 230) |
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Title | AN ACT relating to legal proceedings and making an appropriation therefor. |
Bill Documents |
Acts Chapter 230
Current/Final Introduced |
Fiscal Impact Statements |
Corrections Impact
Local Mandate Additional Fiscal Impact Statements Exist |
Bill Request Number | 1 |
Sponsors | W. Westerfield, R. Stivers, B. Storm |
Summary of Original Version | Create new sections of KRS Chapter 533 to establish a behavioral health conditional dismissal pilot program beginning October 1, 2022, and continuing for four years to provide eligible individuals an alternative to receive treatment for a behavioral health disorder instead of incarceration, resulting in dismissal of the criminal charges upon successful completion of the program; identify the counties participating in the pilot program; define terms; establish program procedures, reporting requirements, and program requirements including access to medical treatment, counseling, education, and vocational counseling and training; create a council with designated membership to assist with the implementation of the pilot program; provide that the council shall end September 30, 2027; amend KRS 197.020 to provide for telehealth services in county jails; APPROPRIATION. |
Index Headings of Original Version |
Sunset Legislation - Implementation council, pilot program, September 30, 2027 Sunset Legislation - Pilot program, behavioral health conditional dismissal program, September 30, 2026 Court, Supreme - Chief Justice, selection of counties, participation Courts - Data collection, Administrative Office of the Courts, reports Crimes and Punishments - Alternative to ordinary prosecution, behavioral health disorder, pilot program Criminal Procedure - Pilot program, alternative to ordinary prosecution, behavioral health disorder Health and Medical Services - Pilot program, substance abuse and mental health Jails and Jailers - Pilot program, assigned requirements, behavioral health disorder Jails and Jailers - Telehealth, availability, provision Local Mandate - Pilot program, behovioral health conditional dismissal program, establishment Mental Health - Pilot program, criminal offense, treatment alternative to prosecution Public Advocate - Pilot program, alternative to ordinary prosecution, behavioral health disorder Appropriations - Pilot program, behavioral health conditional dismissal program, establishment Attorney, Commonwealth's - Pilot program, behavioral health disorder, alternative to ordinary prosecution Attorney, County - Pilot program, alternative to ordinary prosecution, behavioral health disorder Corrections Impact - Pilot program, criminal offense, treatment alternative to prosecution Counties - Pilot program, selection of jurisdictions, participation Reports Mandated - Pilot program, data, Administrative Office of the Courts and General Assembly Advisory Boards, Commissions, and Committees - Behavioral health disorder, pilot program, implementation council Workforce - Pilot program, behavioral health disorder, training and job placement Opioids - Pilot program, alternative to prosecution, substance use disorder and mental health disorder |
Jump to Proposed Amendments |
Senate Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 Senate Floor Amendment 2 House Committee Substitute 1 with Fiscal Impact Statements House Floor Amendment 1 House Floor Amendment 2 Conference Committee Report 1 Free Conference Committee Report 1 |
Votes | Vote History |
02/23/22 |
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02/25/22 |
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03/10/22 |
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03/11/22 |
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03/17/22 |
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03/18/22 |
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03/22/22 |
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03/23/22 |
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03/24/22 |
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03/25/22 |
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03/29/22 |
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03/30/22 |
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04/13/22 |
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04/14/22 |
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04/20/22 |
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Amendment | Senate Committee Substitute 1 |
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Fiscal Impact Statements |
Corrections Impact to Senate Committee Substitute 1
Local Mandate to Senate Committee Substitute 1 |
Summary | Retain original provisions; establish that the Chief Justice of the Supreme Court shall select the counties to participate in the pilot program; change the time for the clinical assessment to be performed from 24 hours to 72 hours; provide specific dates for required reporting; establish guidelines for recovery housing providers; include additional medication assisted treatment options; establish reports to be provided to the courts; add members to the Implementation Council; APPROPRIATION.. |
Index Headings |
Mental Health - Pilot program, criminal offense, treatment alternative to prosecution Public Advocate - Pilot program, alternative to ordinary prosecution, behavioral health disorder Appropriations - Pilot program, behavioral health conditional dismissal program, establishment Attorney, Commonwealth's - Pilot program, behavioral health disorder, alternative to ordinary prosecution Attorney, County - Pilot program, alternative to ordinary prosecution, behavioral health disorder Counties - Pilot program, selection of jurisdictions, participation Reports Mandated - Pilot program, data, Administrative Office of the Courts and General Assembly Advisory Boards, Commissions, and Committees - Behavioral health disorder, pilot program, implementation council Workforce - Pilot program, behavioral health disorder, training and job placement Opioids - Pilot program, alternative to prosecution, substance use disorder and mental health disorder Sunset Legislation - Implementation council, pilot program, September 30, 2027 Sunset Legislation - Pilot program, behavioral health conditional dismissal program, September 30, 2026 Corrections Impact - Pilot program, criminal offense, treatment alternative to prosecution Local Mandate - Pilot program, behovioral health conditional dismissal program, establishment Court, Supreme - Chief Justice, selection of counties, participation Courts - Data collection, Administrative Office of the Courts, reports Crimes and Punishments - Alternative to ordinary prosecution, behavioral health disorder, pilot program Criminal Procedure - Pilot program, alternative to ordinary prosecution, behavioral health disorder Health and Medical Services - Pilot program, substance abuse and mental health Jails and Jailers - Pilot program, assigned requirements, behavioral health disorder Jails and Jailers - Telehealth, availability, provision |
Amendment | Senate Floor Amendment 1 |
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Sponsor | J. Schickel |
Summary | Direct that the agreement to participate in the behavioral health conditional dismissal program shall not be entered into before the arraignment for the offense charged; remove all references to the prosecutor's authority to object to an eligible defendant's entry into the program; APPROPRIATION. |
Index Headings |
Court, Supreme - Chief Justice, selection of counties, participation Courts - Data collection, Administrative Office of the Courts, reports Crimes and Punishments - Alternative to ordinary prosecution, behavioral health disorder, pilot program Criminal Procedure - Pilot program, alternative to ordinary prosecution, behavioral health disorder Health and Medical Services - Pilot program, substance abuse and mental health Jails and Jailers - Pilot program, assigned requirements, behavioral health disorder Jails and Jailers - Telehealth, availability, provision Mental Health - Pilot program, criminal offense, treatment alternative to prosecution Public Advocate - Pilot program, alternative to ordinary prosecution, behavioral health disorder Appropriations - Pilot program, behavioral health conditional dismissal program, establishment Attorney, Commonwealth's - Pilot program, behavioral health disorder, alternative to ordinary prosecution Attorney, County - Pilot program, alternative to ordinary prosecution, behavioral health disorder Counties - Pilot program, selection of jurisdictions, participation Reports Mandated - Pilot program, data, Administrative Office of the Courts and General Assembly Advisory Boards, Commissions, and Committees - Behavioral health disorder, pilot program, implementation council Workforce - Pilot program, behavioral health disorder, training and job placement Opioids - Pilot program, alternative to prosecution, substance use disorder and mental health disorder Sunset Legislation - Implementation council, pilot program, September 30, 2027 Sunset Legislation - Pilot program, behavioral health conditional dismissal program, September 30, 2026 |
Amendment | Senate Floor Amendment 2 |
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Sponsor | J. Schickel |
Summary | Direct that the Commonwealth's attorney for any county designated for participation shall agree to be included in the in the pilot program or the county shall not be included; agreement to participate in the behavioral health conditional dismissal program shall not be entered into before the arraignment for the offense charged; APPROPRIATION. |
Index Headings |
Court, Supreme - Chief Justice, selection of counties, participation Courts - Data collection, Administrative Office of the Courts, reports Crimes and Punishments - Alternative to ordinary prosecution, behavioral health disorder, pilot program Criminal Procedure - Pilot program, alternative to ordinary prosecution, behavioral health disorder Health and Medical Services - Pilot program, substance abuse and mental health Jails and Jailers - Pilot program, assigned requirements, behavioral health disorder Jails and Jailers - Telehealth, availability, provision Mental Health - Pilot program, criminal offense, treatment alternative to prosecution Public Advocate - Pilot program, alternative to ordinary prosecution, behavioral health disorder Appropriations - Pilot program, behavioral health conditional dismissal program, establishment Attorney, Commonwealth's - Pilot program, behavioral health disorder, alternative to ordinary prosecution Attorney, County - Pilot program, alternative to ordinary prosecution, behavioral health disorder Counties - Pilot program, selection of jurisdictions, participation Reports Mandated - Pilot program, data, Administrative Office of the Courts and General Assembly Advisory Boards, Commissions, and Committees - Behavioral health disorder, pilot program, implementation council Workforce - Pilot program, behavioral health disorder, training and job placement Opioids - Pilot program, alternative to prosecution, substance use disorder and mental health disorder Sunset Legislation - Implementation council, pilot program, September 30, 2027 Sunset Legislation - Pilot program, behavioral health conditional dismissal program, September 30, 2026 |
Amendment | House Committee Substitute 1 |
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Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1 |
Summary | Retain original provisions; delay the start date to January 1, 2023, and adjust reporting dates accordingly; establish that assignment of a case manager shall be determined in accordance with criteria established by the Cabinet for Health and Family Services; limit initial recovery housing to 200 individuals; establish a trust and agency account to be administered by the Department for Behavioral Health, Developmental and Intellectual Disabilities; APPROPRIATION. |
Index Headings |
Court, Supreme - Chief Justice, selection of counties, participation Courts - Data collection, Administrative Office of the Courts, reports Crimes and Punishments - Alternative to ordinary prosecution, behavioral health disorder, pilot program Criminal Procedure - Pilot program, alternative to ordinary prosecution, behavioral health disorder Health and Medical Services - Pilot program, substance abuse and mental health Jails and Jailers - Pilot program, assigned requirements, behavioral health disorder Jails and Jailers - Telehealth, availability, provision Mental Health - Pilot program, criminal offense, treatment alternative to prosecution Public Advocate - Pilot program, alternative to ordinary prosecution, behavioral health disorder State Agencies - Department of Behavioral Health, Developmental and Intellectual Disabilities, fund, administration Appropriations - Pilot program, behavioral health conditional dismissal program, establishment Appropriations - Trust and agency account, creation Attorney, Commonwealth's - Pilot program, behavioral health disorder, alternative to ordinary prosecution Attorney, County - Pilot program, alternative to ordinary prosecution, behavioral health disorder Counties - Pilot program, selection of jurisdictions, participation Reports Mandated - Pilot program, data, Administrative Office of the Courts and General Assembly Advisory Boards, Commissions, and Committees - Behavioral health disorder, pilot program, implementation council Workforce - Pilot program, behavioral health disorder, training and job placement Opioids - Pilot program, alternative to prosecution, substance use disorder and mental health disorder Sunset Legislation - Implementation council, pilot program, September 30, 2027 Sunset Legislation - Pilot program, behavioral health conditional dismissal program, September 30, 2026 Corrections Impact - Alternative to ordinary prosecution, behavioral health disorder, pilot program Local Mandate - Pilot program, criminal offense, treatment alternative to prosecution |
Amendment | House Floor Amendment 1 |
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Sponsor | C. Massey |
Summary | Provide that recovery housing service providers meet the certification standards of the National Alliance for Recovery Residences. |
Index Headings |
Mental Health - Behavioral health conditional dismissal program, recovery housing, provider requirement Substance Abuse - Behavioral health conditional dismissal program, recovery housing, provider requirement |
Amendment | House Floor Amendment 2 |
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Sponsor | K. Moser |
Summary | Provide for the utilization of digital notifications by providers and treatment team members to participants; establish information to be included in the quarterly reports if digital notification services are utilized. |
Index Headings |
Information Technology - Behavioral health conditional dismissal program, digital reminder system, authorization Mental Health - Behavioral health conditional dismissal program, digital reminder service, authorization Opioids - Behavioral health conditional dismissal program, digital reminder service, authorization |
Amendment | Conference Committee Report 1 |
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Summary | Cannot agree. |
Index Headings | Conference Committee Reports - SB 90, cannot agree |
Amendment | Free Conference Committee Report 1 |
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Summary | Create a new section to appropriate restricted funds in the amount of $10,500,000 in each fiscal year from the Opioid Abatement Trust Fund to the Behavioral Health, Developmental and Intellectual Disabilities budget unit for the pilot project; provide for reimbursement to the Administrative Office of the Courts for administrative costs up to $500,000 per year; amend 2022 RS HB 214/EN to make a technical correction; amend KRS 625.090 to include petitions filed under KRS 625.050 as information to be considered by the court in an involuntary termination of parental rights action; amend KRS 625.090 to include petitions filed under KRS 625.050 as information to be considered by the court in an involuntary termination of parental rights action. make title amendment; APPROPRIATION. |
Index Headings |
Technical Corrections - SB 90, FCCR Title Amendments - SB 90, FCCR Domestic Relations - Parental rights, involuntary termination, filings Parental Rights - Involuntary termination, court review, filings Children and Minors - Parental rights, involuntary termination, filings Civil Procedure - Parental rights, involuntary termination, consideration of filings Appropriations - Behavioral health conditional dismissal program, Opioid Abatement Trust Fund, provision Court, Supreme - Administrative Office of the Courts, pilot project, appropriation Crimes and Punishments - Behavioral health conditional dismissal program, pilot project, appropriation Criminal Procedure - Behavioral health conditional dismissal program, pilot project, appropriation Mental Health - Pilot project, treatment, appropriation Opioids - Behavioral health conditional dismissal program, pilot project, appropriation Conference Committee Reports - SB 90, FCCR |
Last updated: 2/8/2023 2:57 PM (EST)