FRANKFORT, Ky. — The Administrative Office of the Courts presented the Interim Joint Committee on Judiciary an update Thursday on Senate Bill 90 from the 2022 legislative session, which helped create the Behavioral Health Conditional Dismissal Program.

Angela Darcy, executive officer for the AOC Department of Pretrial Services, said the program is an alternative to incarceration, allowing eligible defendants to receive treatment for behavioral health disorders.

What You Need To Know

  • The Behavioral Health Conditional Dismissal Program was created by Senate Bill 90 from the 2022 legislative session

  • The program is an alternative to incarceration, allowing eligible defendants to receive treatment for behavioral health disorders

  • A pilot program initially had 11 participating counties

  • Of the 125 participants so far, 84% have not faced new charges

“It diverts eligible defendants away from the court system and into substance use disorder treatment and also mental health treatment," Darcy said. "It also gives them an opportunity to better their lives.” 

The program also includes a wide selection of adult education.

“They can go to college, they can go to cosmetology school if they choose to; they can just get a GED (diploma)," Darcy said. "Some people just want to read, so it's just really an opportunity to try and improve lives and then get some people that treatment that they so desperately need.” 

The program has specific guidelines. To qualify, one must be a Kentucky resident and at least 18 years old. They cannot have been charged with a violent offense, sexual offense, DUI or domestic violence offense, nor can they have a protective order filed against them.

The defendant’s previous convictions are also reviewed, and they must be considered "low-risk." Defendants also undergo clinical assessments for substance use and mental health disorders.

Committee co-chair and State Sen. Whitney Westerfield, R-Fruit Hill, said the legislature should work on finding a way to provide those convicted of a DUI with access to behavioral health intervention earlier in the pipeline

“We’re leaving a lot out that could benefit from behavioral health intervention," Westerfield said. "That’s a category of people who have a behavioral health problem that everyone agrees they need help with.”

Darcy said 125 people have completed the program, and 84% of those have not faced new charges.

“It is a hard program to complete," Darcy said. "It's not easy for them, but it changes their lives.” 

The Behavioral Health Conditional Dismissal pilot program initially had 11 participating counties. Darcy said they are working on expanding the program to additional counties, and the AOC plans to meet with counties to learn what they can do to improve participation rates.

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