Senate bill would establish a behavioral health pilot program for some offenders

The measure calls on the Supreme Court to choose at least ten counties to participate in the pilot program

FRANKFORT, Ky. (WTVQ) – The Senate Judiciary Committee took steps Thursday toward establishing a behavioral health pilot program that would help some low-level offenders access services, find jobs and avoid incarceration.

Republican Sen. Whitney Westerfield, of Crofton, said the components of Senate Bill 90 have been in the works for a few years, and such measures have been considered by many associated with mental health and justice issues.

“It really focuses on a couple of different things – getting folks plugged in to behavioral health care, whether that’s substance use disorder treatment or behavioral health, … getting them employed, trained and placed if at all possible,” he said. “The biggest thing you can do to prevent people from coming back to jail is making sure they’ve got a job.”

The bill cleared the committee on a 9-0 vote. It calls on the Supreme Court to choose at least ten counties to participate in the pilot program, which would offer the possibility of deferred prosecution for offenders.

To qualify, offenders cannot be charged with anything more than a Class D felony. Those with violent offenses or sex offenses, among others, would not be eligible.

SB 90 is a collaboration of people who work in many disciplines, Westerfield told the committee. Instead of looking at some problems facing offenders as a single issue, it could be done more comprehensively, he said.

“From the far left to the far right, from the prosecution to the defense to the courts, everyone agreed that this population of people could benefit from behavior health interventions,” Westerfield said. “Not just substance use disorders, but also psychological or psychiatric disorders and in many cases, multiples of both of those things combined in the same person.”

Westerfield said the bill does not go as far as is possible, especially regarding transportation, but housing is included in the bill. Also, the program would provide vocational assessments with the goal of placing the offender in training or even a job.

Democratic Sen. Gerald A. Neal, of Louisville, said he stands behind the idea of the program, calling it right headed and rational.

“These same individuals have to go back at some point, in most instances to the community,” he said. “And the fact of the matter is, if you don’t have this intervention, then pretty much you are recycling potentially the same thing. That’s where you get the recidivism and all that.”

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