About the Behavioral Health Conditional Dismissal Program (BHCDP)
The BHCDP provides an alternative to incarceration by allowing eligible defendants, based on qualifying charges and behavioral health needs, to receive treatment for a substance use and/or mental health disorder. Services may include but are not limited to outpatient and inpatient treatment, medications for addiction and mental health treatment, case management, educational and job training, and recovery supports. If the participant adheres to and completes the treatment plan outlined by a behavioral health provider, their charges will be dropped.
Why is this needed?
The BHCDP allows defendants a chance at a real, new start with access to
the support and resources needed to manage and overcome different barriers associated with substance use and behavioral health, instead of being incarcerated.
Who can participate?
Defendants who meet the following requirements are eligible to participate in the BHCDP:
- 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.
Where is this available?
The BHCDP is currently available in the following counties:
Who chooses the treatment provider?
The State provides defendants with a list of approved providers based on the individual needs of the defendant. The defendant can choose any provider from this list.
Who pays for the treatment?
Treatment is offered at no cost to defendants; all costs are covered by insurance or other funding sources.
How long is the treatment?
The length of treatment varies for each individual and is based on the provider's recommendations. Treatment will be at least one year, but will not be longer than the maximum potential period of incarceration if the defendant is found guilty of the charged offenses.
How can I become a provider?
Applicants who wish to be approved as a treatment provider for SB 90 Participants must meet the following criteria:
- Licensed by the Cabinet for Health and Family Services
- Agency enrolled as a Medicaid-approved Provider with all MCOs
- 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 attests to adhere to all programmatic, data, and referral requirements of this program.
- A Community Mental Health Center must provide behavioral health services in locations within the counties for which their Board is duly recognized as the Regional Community Mental Health Center.
Where do I apply to become a provider?