(1) There is hereby created a trust and agency account to be known as the Behavioral Health Conditional Dismissal Program trust fund to be administered by the Department for Behavioral Health, Developmental and Intellectual Disabilities within the Cabinet for Health and Family Services.
(2) The fund may contain:

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Terms Used In Kentucky Statutes 533.290

  • Contract: A legal written agreement that becomes binding when signed.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Treatment: when used in a criminal justice context, means targeted interventions
    that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • Year: means calendar year. See Kentucky Statutes 446.010

(a) Appropriations by the General Assembly for the purpose of the behavioral health conditional dismissal program;
(b) State and federal grants, including but not limited to treatment related to substance use disorder or a mental health disorder;
(c) Opioid settlement moneys made available for the purposes of the fund;
(d) Devises, bequests, gifts, and donations, including philanthropic organizations;
and
(e) Any other contributions from public agencies or other entities made available for the purposes of the fund.
(3) Moneys deposited in the fund shall be used to administer and support the purposes of KRS § 533.270 to KRS § 533.290 and may include payments for services rendered by a qualified mental health provider as defined under KRS § 533.270 and treatment program providers upon exhaustion of payments from other payment providers, including but not limited to Medicaid and private insurance.
(4) The department may, in accordance with KRS Chapter 45A, select and contract with a third-party administrator to serve as the benefit manager for the program. The contract between the department and the benefit manager shall be submitted to the Government Contract Review Committee of the Legislative Research Commission for comment and review.
(5) Notwithstanding KRS § 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes established in KRS § 533.270 to KRS § 533.290.
(6) Any interest earned on moneys in the fund shall accrue to the fund and shall not lapse.
(7) Moneys deposited in the fund are hereby appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 230, sec. 11, effective July 14, 2022.