Senate Bill 90

Actions | Amendments
Last Action 04/20/22: signed by Governor (Acts Ch. 230)
Title AN ACT relating to legal proceedings and making an appropriation therefor.
Bill Documents 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

Actions

Top | Amendments
02/23/22
  • introduced in Senate
  • to Committee on Committees (S)
02/25/22
  • to Judiciary (S)
03/10/22
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
03/11/22
  • 2nd reading, to Rules
  • floor amendment (2) filed to Committee Substitute
03/17/22
  • posted for passage in the Regular Orders of the Day for Friday, March 18, 2022
03/18/22
  • 3rd reading
  • floor amendments (1) and (2) withdrawn
  • passed 27-4 with Committee Substitute (1)
  • received in House
  • to Committee on Committees (H)
03/22/22
  • to Judiciary (H)
03/23/22
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/24/22
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, March 25, 2022
  • floor amendment (1) filed to Committee Substitute
03/25/22
  • floor amendment (2) filed to Committee Substitute
03/29/22
  • 3rd reading, passed 90-2 with Committee Substitute (1) and Floor Amendments (1) and (2)
  • received in Senate
  • to Rules (S)
03/30/22
  • posted for passage for concurrence in House Floor Amendments (1) and (2) and Committee Substitute (1)
  • Senate refused to concur in House Committee Substitute (1) and Floor Amendments (1) and (2)
  • received in House
  • to Rules (H)
  • taken from Rules
  • posted for passage for receding from House Committee Substitute (1) and floor amendments (1) and (2)
04/13/22
  • House refused to recede from Committee Substitute (1) and Floor Amendments (1) and (2)
  • Conference Committee appointed in House and Senate
  • Conference Committee report (1) filed in House and Senate
  • Conference Committee report adopted in House and Senate
  • Free Conference Committee appointed in House and Senate
04/14/22
  • Free Conference Committee report filed in House and Senate
  • posted for passage for consideration of Free Conference Committee Report
  • Free Conference Committee report adopted in House
  • passed 91-3
  • received in Senate
  • to Rules (S)
  • posted for passage for consideration of Free Conference Free Conference Committee Report (1)
  • Free Conference Committee report adopted in Senate
  • passed 35-1
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
04/20/22
  • signed by Governor (Acts Ch. 230)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
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
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
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
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
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
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
Summary Cannot agree.
Index Headings Conference Committee Reports - SB 90, cannot agree

Amendment Free Conference Committee Report 1
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: 4/29/2022 2:39 PM (EDT)
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