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Senate extends behavioral‑health conditional dismissal pilot through 2031; SB90 passes unanimously
Summary
SB90 extends Kentucky's behavioral health conditional dismissal pilot from Jan. 1, 2027 to Jan. 1, 2031, keeps the program voluntary and without new appropriation, and passed the Senate 37‑0 on Jan. 22, 2026.
FRANKFORT, Ky. — The Kentucky Senate voted unanimously on Jan. 22 to extend the behavioral health conditional dismissal pilot program to Jan. 1, 2031.
Senator from Laurel explained SB90 extends a pilot that began in 2022 and currently operates in 19 counties (up from 11 initially). The program permits eligible, low‑risk defendants with substance‑use or mental‑health disorders to enter treatment‑focused agreements rather than traditional prosecution for certain nonviolent misdemeanors and class D felonies.
Eligibility and safeguards: The sponsor described eligibility criteria including age (18), Kentucky residency, clinical documentation of substance‑use or mental‑health disorder, pretrial services risk assessments (low risk of failure to appear and low risk of new criminal activity), and exclusion for prior convictions for more serious felonies. The sponsor also said the measure requests no additional appropriation and is designed to collect data and allow for a cost‑benefit analysis.
Outcomes cited: The sponsor said the program has a 7% recidivism rate among participants and that annually the Administrative Office of the Courts reports outcomes to the interim judiciary committee.
Vote and next steps: With no floor opposition, the clerk recorded 37 yeas and SB90 passed. The bill will continue through the legislative process for further consideration as required.
