The Behavioral Health Conditional Dismissal Program is designed to provide eligible individuals with a behavioral health disorder (substance use and/or mental health) and qualifying charges an alternative to incarceration and further penetration into the criminal justice system. Eligible individuals may receive treatment and recovery support services to address their behavioral health disorder, including outpatient treatment, cognitive behavioral therapies, educational and vocational services and housing assistance. Furthermore, successful completion of the program would result in the dismissal of eligible charges. Legislation describing program requirements can be found here:

https://apps.legislature.ky.gov/law/acts/22RS/documents/0230.pdf

Eleven counties were selected as pilot sites for the Behavioral Health Conditional Dismissal Program based on a variety of factors including: the operation of a county jail, availability of community and mental health treatment and recovery supports, historical data relating to eligible individuals for participation, initial interest by counties expressing desire to participate, and consideration of equal representation of each Supreme Court District. The following counties are participating in the pilot program:

• Christian
• Clark
• Daviess
• Greenup
• Hopkins
• Kenton
• Letcher
• Madison
• McCracken
• Oldham
• Pulaski

Individuals must meet the following criteria in order to be eligible for participation:

• Must be charged with a qualifying offense (NO violent offender, sex offense, DUI, domestic violence, or protective orders against victim)
• Must be at least 18 years of age and a resident of the Commonwealth;
• Must not have a previous conviction for a Class A, B, or C felony, or a Class D felony or misdemeanor that is not a qualifying offense; and
• Has been assessed by pretrial services as a low-risk, low-level offender
• Clinical assessment must indicate behavioral health disorder

OR

• Determined by the attorney for the Commonwealth or the attorney for the defendant as a viable participant in the program.

Note that eligible defendants in pretrial confinement shall be given preference for participation in the Behavioral Health Conditional Dismissal Program. Eligible defendants who have charges pending but are not in custody shall be assessed for participation in the Behavioral Health Conditional Dismissal Program.

Agencies that wish to provide treatment services as part of this program must meet the following minimum criteria:

• Meet licensure requirements and standards established by the Cabinet for Health and Family Services under KRS Chapter 222.
• Agency enrolled as a Medicaid-approved Provider with all MCOs in order to bill for behavioral health treatment and recovery services.
• Agency accredited by at least one (1) of the following:
  • American Society of Addiction Medicine (ASAM);
  • Joint Commission on the Accreditation of Healthcare Organizations; or
  • Commission on Accreditation of Rehabilitation Facilities (CARF).
• At least 2 years of experience as an agency administering evidence-based behavioral health treatment services.
• Agency must provide or be willing to refer clients to behavioral health providers that support access to all forms of medications for opioid use disorder (i.e., methadone, buprenorphine, naltrexone).
• Agency shall collect and maintain participant data utilizing a prescribed data platform and adhere to outlined reporting requirements.
• A Community Mental Health Centers must only provide behavioral health services in locations within the counties for which their Board is duly recognized as the Regional Community Mental Health Center.

Agencies may apply to provide services as part of the Behavioral Health Conditional Dismissal Program by completing the application at the following link:  https://ky.readyop.com/fs/4nVC/6f9e9176

The Department for Behavioral Health, Developmental and Intellectual Disabilities will review applications and include eligible providers on the Behavioral Health Conditional Dismissal Program Provider Referral list.

Within 72 hours after being booked into a jail or detention program with a qualifying offense (which is determined by pretrial services) the person shall undergo a clinical assessment performed by a Qualified Mental Health Professional (this includes a Licensed Clinical Alcohol and Drug Counselor) to determine if he or she may have a behavioral health disorder. Once a participant is deemed to have eligible charges by AOC/Pretrial Services, an AOC Case Navigator will link the individual with either the statewide assessor or a county-level assessor.

The jailer or designee must contact an approved assessor to perform the initial screening and assessment. The assessment can be conducted via telehealth or in person.

If the assessor deems the participant is cognitively impaired and unable to adequately complete the assessment, the assessment may be delayed only for the time required for the person to adequately respond.

Once the individual and their attorney have agreed on the preferred treatment provider, provisional level of care and treatment recommendations, both parties will sign program participation agreements. The Assessor will then connect the participant with the provider via a warm-handoff.

The Assessor will provide the treatment provider with the provisional screening and assessment findings.

Within 14 days following the initiation of treatment, providers must submit the following information: 

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.

Within 28 days after the initial report, providers must submit the following information: 

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.

Quarterly reports (first due by April 15, 2023, and thereafter due January 15, April 15, July 15, and October 15 to include:

1. Length of time the individual has been a program participant;
2. Continuation in the program;
3. The status and type of recommended treatment;
4. Employment or job training;
5. The status and type of educational training;
6. Housing status;
7. Any other information the program provider determines may assist in evaluation of the pilot program;
8. 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;
9. The number of clinical assessments performed by the program provider;
10. The total number of individuals participating in the behavioral health conditional dismissal program with that provider;
11. The number of individuals who remain in compliance with the terms and conditions of the treatment program;
12. 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;
13. For any individual discharged due to an inability or unwillingness to meet the terms and conditions of the treatment program, the length of time the individual participated in the program;
14. The number of individuals who have been discharged from the program upon successful completion of the treatment program requirements;
15. The number of individuals who have received medication-assisted treatment and the result of that treatment;
16. The number of individuals who have completed a recommended job skills or job training program; and
17. The number of individuals who have completed a recommended educational component of the program.

Final report shall be submitted for each program participant no later than 30 days following discharge from the program: 

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:

• Specific reason for the discharge;
• Length of time the individual participated in the program;
• Goals met during the participation period;
• Identified barriers to completion of the program, if known; and
• Recommended adjustments to the behavioral health conditional dismissal program that could provide a greater probability of successful completion to similar participants; and

1. If the discharge from the program occurred upon successful completion of the program requirements:

• The length of time the individual participated in the program;
• A summary of the specific programs completed, and goals attained by the participant;
• What continued treatment, if any, is recommended; and
• Recommended adjustments to the behavioral health conditional dismissal program that could provide greater benefit to similar participants.

Treatment providers must also submit periodic progress reports to the attorney for the Commonwealth and the attorney for the participant according to the following schedule:

1. An initial report within fourteen (14) days of the initiation of treatment;
2. A follow-up report within twenty-eight (28) days after submission of the initial fourteen (14)
3. day report;
4. Subsequent reports on a quarterly basis throughout the course of treatment beginning April 15, 2023, with reports due thereafter on January 15, April 15, July 15, and October 15 of each year of the participation in the pilot program; and

1. A final report within thirty (30) days of the successful completion of the program.

We are currently using a provisional paper process until the launch of DDOR, the cloud-based HIPPA compliant data collection platform.

Email completed reports and forms to the Case Navigator

Copy Fletcher Group: Erin Henle ehenle@fletchergroup.org

Jade Hampton jhampton@fletchergroup.org

Yes. Treatment providers are required to notify the KY Office of Adult Education (KYAE) within the Department of Workforce Investment of the individual’s participation in the Behavioral Health Conditional Dismissal Program within XX days of treatment initiation so that they may conduct an in-person educational/vocational assessment. Within that timeframe, treatment providers will submit to KYAE referral information including individual contact information, address, current location, and note any safety concerns they should be aware of in advance of the in-person meeting.

In addition, treatment providers are required to:

• Obtain all releases of information from the individual served that may be required to confirm compliance with the program requirements;
• Coordinate all services and testing required under the program, including transportation if needed and available;
• Receive and maintain copies of all necessary documentation to ensure compliance with the program requirements;
• Meet or conference with providers of any program requirements on a regular basis to address the participant’s progress, including restitution, and any required adjustment that may be needed to the participant’s program;
• Recommend modifications to the treatment program to the attorney for the Commonwealth, and the attorney for the participant;
• Review the individual’s progress and recommend continued participation in the program or dismissal from the program due to an inability or unwillingness to meet the terms and conditions of the program;
• Immediately report dismissal from the treatment program based upon lack of compliance with the terms and conditions of the program to the attorney for the Commonwealth, the court, and the attorney for the participant; and
• Advise the attorney for the Commonwealth, the court, the attorney for the participant, and the victim, if there is an identified victim, of the participant’s successful completion of the program requirements.