H 3088

South Carolina General Assembly
126th Session, 2025-2026
Bill 3088
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE
13 TO CHAPTER 22, TITLE 17 SO AS TO CREATE A PILOT "BEHAVIORAL HEALTH
CONDITIONAL DISCHARGE PROGRAM" TO OPERATE IN CERTAIN COUNTIES AS DETERMINED BY
THE SOUTH CAROLINA SUPREME COURT IN COORDINATION WITH CIRCUIT SOLICITORS AND
DEFENSE ATTORNEYS TO OFFER AN ALTERNATIVE TO INCARCERATION FOR CERTAIN
OFFENDERS WITH BEHAVIORAL HEALTH DISORDERS; TO ESTABLISH CRITERIA FOR THE PILOT
PROGRAM; TO REQUIRE CERTAIN EXECUTIVE BRANCH DEPARTMENTS TO FACILITATE SERVICES
OF THE PILOT PROGRAM, INCLUDING TREATMENT AND VOCATIONAL SERVICES; TO REQUIRE
DATA COLLECTION AND REPORTING TO SOUTH CAROLINA COURT ADMINISTRATION, THE
GENERAL ASSEMBLY, AND THE GOVERNOR; TO CREATE AN ADVISORY COUNCIL FOR ASSISTING
WITH IMPLEMENTATION OF THE PILOT PROGRAM, INCLUDING MEMBERSHIP AND DUTIES; TO
CREATE A TRUST FUND FOR PURPOSES OF THE PILOT PROGRAM; AND FOR OTHER PURPOSES.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 22, Title 17 of the S.C. Code is amended by
adding:
Article 13
Behavioral Health Conditional Dismissal Program
    Section
17-22-1310.  (A) A pilot program
shall be established in no less than ten counties selected by the Chief Justice
of the South Carolina Supreme Court for purposes of offering a behavioral
health conditional dismissal program. The pilot program shall begin January 1,
2026, and shall operate for four years unless extended or limited by the
General Assembly.
    (B)  Each
participating county shall have access to:
       (1)
medication-assisted treatment;
       (2)
recovery services as defined in Section 17-22-1320; and
       (3)
educational and vocational services sufficient to provide training and
assistance required pursuant to Section 17-22-1390.
    (C)(1) In accordance with the provisions
of this subsection, every behavioral health treatment program provider in the
pilot program shall collect and maintain data relating to program participants
under their care, designed to inform the outcomes and effectiveness of the
pilot program, for submission to the Office of Court Administration.
       (2)
A report must be filed for each program participant no later than fourteen days
following the initiation of treatment. The data to be collected and submitted
in the report must include the following information regarding each
participant:
  (a)
age, gender, and race or ethnicity;
  (b)
housing history;
  (c)
educational history;
  (d)
employment history;
  (e)
past involvement in addiction recovery and treatment for a substance use
disorder;
  (f)
past treatment for a mental health disorder; and
  (g)
criminal history.
       (3)
A second report must be filed for each program participant identified in item
(2) no later than twenty-eight days after the filing of the initial report and must
provide the progression of the program participant including, but not limited
to:
  (a)
continuation in the program;
  (b)
the status and type of recommended treatment;
  (c)
employment or job training;
  (d)
the status and type of educational training;
  (e)
housing status;
  (f)
any other information the program provider determines may assist in evaluation
of the pilot program; and
  (g)
if the program participant has been discharged from the program due to
inability or unwillingness to meet the terms and conditions of the treatment
program, the specific reason for the discharge.
       (4)
Subsequent reports must be filed on a quarterly basis. The initial report must
be submitted no later than April 15, 2026, with reports thereafter on January
fifteenth, April fifteenth, July fifteenth, and October fifteenth of each year
of the pilot program. The quarterly reports must include for the reporting
period:
  (a)
the information required pursuant to item (3) as it relates to each program
participant, including the length of time the individual has been a program
participant;
  (b)
the number of clinical assessments performed by the program provider;
  (c)
the total number of individuals participating in the behavioral health
conditional dismissal program with that provider;
  (d)
the number of individuals who remain in compliance with the terms and
conditions of the treatment program;
  (e)
the number of individuals who have been discharged from the program due to
inability or unwillingness to meet the terms and conditions of the treatment
program, including the specific reason for the discharge;
  (f)
for any individual discharged pursuant to subitem (e), the length of time the
individual participated in the program;
  (g)
the number of individuals who have been discharged from the program upon
successful completion of the treatment program requirements;
  (h)
the number of individuals who have received medication-assisted treatment and
the result of that treatment;
  (i)
the number of individuals who have completed a recommended job skills or job
training program; and
  (j)
the number of individuals who have completed a recommended educational
component of the program.
       (5)
A final report must be filed for each program participant no later than thirty
days following discharge from the program and must contain, at a minimum, the
following information:
  (a)
if the discharge from the program was due to an inability or unwillingness to
meet the terms and conditions of the treatment program:
  (i) the specific reason for the
discharge;
  (ii) the length of time the
individual participated in the program;
  (iii) the goals met during the
participation period;
  (iv) the identified barriers to
completion of the program, if known; and
  (v) recommended adjustments to the
behavioral health conditional dismissal program that could provide a greater
probability of successful completion for similar participants; and
  (b)
if the discharge from the program occurred upon successful completion of the
program requirements:
  (i) the length of time the individual
participated in the program;
  (ii) a summary of the specific
programs completed and goals attained by the participant;
  (iii) what continued treatment, if
any, is recommended; and
  (iv) recommended adjustments to the
behavioral health conditional dismissal program that could provide greater
benefit to similar participants.
    (D)(1) Every circuit solicitor
participating in the pilot program shall submit quarterly reports to the Office
of Court Administration. The initial quarterly report must be submitted no
later than April 15, 2026, with reports due thereafter on January fifteenth,
April fifteenth, July fifteenth, and October fifteenth of each year of the
pilot program. The quarterly reports must include for the reporting period:
  (a)
the number of eligible defendants, including each defendant's race, ethnicity,
and gender, who were offered participation in the behavioral health conditional
dismissal program but declined to participate;
  (b)
the number of defendants, including each defendant's race, ethnicity, and
gender, who sought to participate in the program but whose participation was
not agreed to by the circuit solicitor;
  (c)
the number of victims, if there are any identified victims, who did not
participate in the process; and
  (d)
the number of victims, if there are any identified victims, who did not agree
to the defendant's participation in the program.
       (2)
If the circuit solicitor did not agree to an eligible defendant's participation
in the behavioral health conditional dismissal program, the circuit solicitor
shall include in each quarterly report to the Office of Court Administration
the specific offenses charged for that defendant, and the substantial and
compelling reasons, based upon delineated facts specific to the defendant, why
the defendant was denied participation in the program.
    (E)   The
Chief Justice of the South Carolina Supreme Court shall submit an annual report
to the chairs of the Senate Judiciary Committee and House Judiciary Committee
and to the Governor by January thirty-first of each year that includes the
information received from the circuit solicitors and the providers for the
counties participating in the behavioral health conditional dismissal program.
The report must include the information reported under subsections (C) and (D)
and must also include:
       (1)
the number of defendants assessed who did not meet the eligibility requirements
for the program following the clinical assessment;
       (2)
the specific offenses charged for each defendant and the classification of
offenses charged;
       (3)
the percentage of defendants participating in the program who successfully
completed the program;
       (4)
the percentage of defendants discharged from the program for noncompliance; and
       (5)
the percentage of defendants who are arrested, convicted, and incarcerated
within six months, one year, and two years of successful completion of the
program.
    Section
17-22-1320.  As used in this article:
       (1)
"Behavioral health conditional dismissal program" means a program designed to
provide an eligible person who has a behavioral health disorder and who has
been charged with a qualifying offense an alternative to receive treatment and
recovery support services addressing the behavioral health disorder instead of
incarceration, resulting in dismissal of the charges upon successful completion.
       (2)
"Behavioral health disorder" means a mental health disorder or substance use
disorder, or both.
       (3)
"Behavioral health treatment program" means a plan or recovery program, based
upon a clinical assessment, that:
  (a)
identifies and incorporates recovery services to meet the specific treatment
and recovery goals and the needs of the individual served;
  (b)
addresses the social determinants of health to include housing, transportation,
access to medical care, and meaningful employment; and
  (c)
considers a full continuum of care.
       (4)
"Clinical assessment" means an assessment that is performed by a qualified
mental health professional in accordance with the most recent American Society
of Addiction Medicine criteria for a substance use disorder, and the most
recent edition of the American Psychiatric Association's Diagnostic and
Statistical Manual of Menal Disorders for a mental health disorder.
       (5)
"Eligible applicant" or "eligible person" means an individual:
  (a)
who has completed a clinical assessment and been referred to care; and
  (b)
who meets the requirements of Section 17-22-1330.
       (6)
"Mental health disorder" is a diagnostic term that covers many clinical
categories typically including behavioral or psychological symptoms, or both,
along with impairment of personal and social function, and specifically defined
and clinically interpreted through reference to criteria contained in the most
recent edition of the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders.
       (7)
"Qualified mental health professional" means a healthcare provider who treats
mental health conditions and disorders to include psychiatrists and other
physicians, psychologists, registered nurses with a master's degree in
psychiatric nursing, licensed clinical social workers with three years of
experience in psychiatric social work, licensed marriage and family therapists
and professional counselors with three years of experience in psychiatric
mental health practice, physician assistants who have completed a psychiatric
residency program or with comparable work experience, and licensed addiction
counselors.
       (8)
"Qualifying offense" means a misdemeanor or Class D felony that is not:
  (a)
an offense that would qualify as a violent crime under Section 16-1-60;
  (b)
criminal sexual conduct as defined in Article 7, Chapter 3, Title 16;
  (c)
an offense of driving under the influence of alcohol or drugs under Section
56-5-2930;
  (d)
an offense of stalking under Article 17, Chapter 3, Title 16 for a victim who
has an injunction or protective order against the defendant at the time the
offense is charged;
  (e)
an act of domestic violence and abuse as defined in Section 20-4-20 against the
defendant at the time the offense is charged; or
  (f)
an offense against a victim of domestic violence who has a protective order
issued under Chapter 4, Title 20.
       (9)
"Recovery services" means rehabilitative treatment services that include, but are
not limited to, any or all of the following:
  (a)
outpatient treatment;
  (b)
National Alliance of Recovery Residences or the Council on Accreditation of
Rehabilitation Facilities certified housing;
  (c)
medication treatment;
  (d)
personal and family counseling;
  (e)
substance abuse education and prevention classes or counseling;
  (f)
vocational training;
  (g)
literacy training;
  (h)
community service;
  (i)
inpatient or residential behavioral health treatment as needed to address:
  (i) impaired capacity to use
self-control, judgment, or discretion related to behavior;
  (ii) severe dependence;
  (iii) special detoxification;
  (iv) relapse; or
  (v) other treatments recommended by a
qualified mental health professional;
  (j)
restorative practices designed to make the participant accountable to the
victim when there is an identified victim, and it is safe to do so;
  (k)
recovery housing assistance; and
  (l)
recovery housing programs that have an established third-party outcome
evaluation.
       (10)
"Substance use disorder" means a medical condition that is defined by the
inability to control the use of a particular substance despite harmful
consequences.
    Section
17-22-1330.  (A) In addition to
the pretrial diversion program established pursuant to Article 1, Chapter 22,
Title 17, a behavioral health conditional dismissal program shall be operated
in each county participating in the pilot program established pursuant to
Section 17-22-1310. The behavioral health conditional dismissal program shall:
       (1)
provide eligible persons, on an equal basis, an alternative to ordinary
prosecution for qualifying offenses arising from a behavioral health disorder
by receiving early recovery services and treatment reasonably expected to deter
future criminal behavior; and
       (2)
provide an expedited alternative to prosecution for eligible persons who may be
harmed by the imposition of criminal sanctions in the absence of the
alternative when the alternative is reasonably expected to serve as a
sufficient deterrent to criminal conduct.
    (B)
The program may be utilized by any person:
       (1)
who is a resident of South Carolina and who is at least eighteen years of age;
       (2)
whose clinical assessment indicates the presence of a behavioral health
disorder;
       (3)
charged with a qualifying offense;
       (4)
who does 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
       (5)
who has been assessed by pretrial services as a low-risk, low-level offender,
or has been otherwise determined by the circuit solicitor or the defendant's
attorney as a viable participant in the program.
    (C)
Other factors that may be considered for admission into the behavioral health
conditional dismissal program include, but are not limited to:
       (1)
the likelihood that the applicant's offense is related to a behavioral health
disorder that would be conducive to change through the applicant's
participation in a behavioral health treatment program;
       (2)
the availability of behavioral health treatment programs in the defendant's
county of residence if different from the county of arrest;
       (3)
the history of any physical violence toward others as documented through
judicial or law enforcement records;
       (4)
any involvement of the applicant with organized crime; and
       (5)
whether or not the applicant's participation in the behavioral health treatment
program would adversely affect the prosecution of codefendants.
    (D)
Eligible defendants in pretrial confinement must be given preference for
participation in the behavioral health conditional dismissal program.
    (E)
Eligible defendants who have charges pending but are not in custody must be
assessed for participation in the behavioral health conditional dismissal
program as provided pursuant to Section 17-22-1340(A)(4).
    Section
17-22-1340.  (A)(1) Following
arrest, and within seventy-two hours after being booked into a jail or
detention facility, any person who has been charged with a qualifying offense
shall undergo a clinical assessment to determine if the person may have a
behavioral health disorder.
       (2)
The Department of Alcohol and Other Drug Abuse Services shall provide a list of
approved assessors in accordance with Section 17-22-1380 for each county
participating in the pilot program.
       (3)
The jailer or the jailer's designee shall contact a qualified mental health
professional from the list of approved assessors for the county provided under
item (2), and shall advise the qualified mental health professional that a
clinical assessment is needed.
       (4)
If a person has been charged with a qualifying offense and has been released
prior to receiving a clinical assessment, the person individually, or through
the person's counsel, if any, may request a clinical assessment by a qualified
mental health professional at any time during the proceedings from the list of
approved assessors provided under item (2).
       (5)
Notwithstanding any other provision to the contrary, the clinical assessment
may be conducted through telehealth or in person, whether the person charged is
in the custody of the jail or has been released.
       (6)
If the qualified mental health professional determines that the person being
assessed is physically or psychologically impaired to the extent that the
person cannot provide sufficient information or responses to conduct or
complete the assessment, the assessment may be delayed but only for the time
required for the person to adequately respond.
       (7)
No statement or other disclosure made by the person charged in the course of
the clinical assessment is admissible in a criminal trial unless the trial is
for a crime committed during the assessment; however, nothing in this item may
be interpreted to prevent any reporting required by law, or as an implied
waiver of applicable privacy laws and professional standards regarding
confidentiality.
       (8)
Any referral for treatment must be based on the clinical assessment and a
finding by the qualified mental health professional that treatment is medically
necessary.
       (9)
The treatment referral must be forwarded to the circuit solicitor and the
attorney for the person charged, if any, within forty-eight hours of the
assessment.
       (10)
The failure of the assessor to forward the referral to the circuit solicitor or
the attorney for the person charged, if any, within forty-eight hours does not
result in automatic release of the person charged.
       (11)
Nothing in this subsection may be interpreted to create a duty of the jailer to
pay for any costs associated with the clinical assessment.
    (B)
At any time following arrest, the circuit solicitor and the person charged may
agree to the individual's participation in the behavioral health conditional
dismissal program.
    (C)
When an individual is being considered for the behavioral health conditional
dismissal program, the circuit solicitor shall:
       (1)
have a criminal record check made to ascertain if the person is eligible for
the program;
       (2)
consult with the victim of the crime, if there is an identified victim;
       (3)
explain the behavioral health conditional dismissal program to the victim,
including potential terms and conditions, and any other matter the circuit
solicitor deems to be appropriate, including the right of the victim to submit
a written statement to be included in the record placed under seal pursuant to
Section 17-22-1360; and
       (4)
conduct any other investigation that the circuit solicitor determines may be
necessary to agree to the referral for treatment by the qualified mental health
professional and the defendant's participation in the behavioral health
conditional dismissal program.
    (D)
If the defendant agrees to the terms of the individualized treatment plan,
which must include restitution, and the circuit solicitor agrees to the
defendant's participation in the program, the defendant and the circuit
solicitor shall sign an agreement specifying the terms and conditions. If the
defendant is represented by counsel, defense counsel also shall sign the
agreement.
    (E)
The length of the program must be determined by the qualified mental health
professional in collaboration with the provider and the type of program based upon
the assessment and must not:
       (1)
be less than one year in duration unless discharged earlier by the provider
upon satisfactory completion of the recommended treatment plan with agreement
of the circuit solicitor after consultation with the victim, and with agreement
of the defendant; or
       (2)
exceed a period of time longer than the defendant's maximum potential period of
incarceration if found guilty of the offenses charged unless the defendant
agrees in writing to an extension of the treatment period.
    (F) A
defendant participating in the behavioral health conditional dismissal program
is not required to:
       (1)
plead guilty or enter an Alford plea as a condition for participation in the
program; or
       (2)
make any statement or stipulate to any statement relating to evidence in the
underlying case as a condition of participation in the program.
    (G)
Execution of the agreement by the defendant tolls all further proceedings
against the defendant relating to the agreement, except the matter may be set
for a status review at the discretion of the court.
    (H)
Upon execution of the agreement as provided in subsection (D), the defendant
shall present himself for treatment no later than three days after the
agreement is signed. The circuit solicitor shall:
       (1)
notify the treatment provider of the agreement and the effective date; and
       (2)
provide the victim, if there is an identified victim, with notice that an
agreement has been reached for the defendant's participation in the behavioral
health conditional dismissal program, and the terms of the agreement that are
applicable to the victim.
    (I)
If the defendant remains in custody at the time of the agreement, the court
shall order release of the defendant which must not include a requirement of
cash bail.
    (J)
The charges against the defendant shall proceed with ordinary prosecution upon
dismissal of the defendant from the treatment program by the provider for
noncompliance.
    Section
17-22-1350.  (A) Upon initiation
of treatment, the designated behavioral health treatment provider may assign a
case manager pursuant to criteria established by the Department of Alcohol and
Other Drug Abuse Services. The case manager, or the treatment provider if no
case manager has been assigned, shall notify the Department of Employment and
Workforce of the individual's participation in a behavioral health conditional
dismissal program.
    (B) Any assigned case manager, working in
collaboration with the individual referred for treatment and the treatment team
and provider, or the treatment provider if there is no case manager shall:
       (1)
obtain all releases from the individual served that may be required to confirm
compliance with the program requirements;
       (2)
coordinate all services and testing required under the program, including
transportation if needed and available;
       (3)
receive and maintain copies of all necessary documentation to ensure compliance
with the program requirements including, but not limited to:
  (a)
treatment records;
  (b)
drug tests;
  (c)
educational assessments and advancements, if applicable;
  (d)
employment status and employment training;
  (e)
community service, if applicable; and
  (f)
housing status;
       (4)
meet or confer with providers of any program requirements on a regular basis to
address the participant's progress, including restitution, and any required
adjustment that may be needed to the participant's program; and
       (5)
provide periodic progress reports to the circuit solicitor and the attorney for
the participant according to the following schedule:
  (a)
an initial report within fourteen days of initiation of treatment;
  (b)
a follow-up report within twenty-eight days after submission of the initial
fourteen-day report;
  (c)
subsequent reports on a quarterly basis throughout the course of treatment
beginning April 15, 2026, with reports due thereafter on January fifteenth,
April fifteenth, July fifteenth, and October fifteenth of each year of the
participation in the pilot program; and
  (d)
a final report within thirty days of the successful completion of the program.
    (C)
Any assigned case manager, treatment provider, or member of the treatment team
is encouraged to:
       (1)
utilize digital notification or reminder services for participants throughout
the treatment program period; and
       (2)
if digital services under item (1) are utilized, include in each quarterly
report required under subsection (B)(5) the following data:
  (a)
the number of participants;
  (b)
the type of digital services provided;
  (c)
the costs of providing digital services;
  (d)
health and social outcomes from the use of digital services; and
  (e)
any other information pertaining to outcomes related to the use of digital
services.
    (D)
The treatment provider shall:
       (1)
recommend modifications to the treatment program to the circuit solicitor and
the attorney for the defendant;
       (2)
review the individual's progress and recommend continued participation in the
program or dismissal from the program due to an inability or unwillingness to
meet the terms and conditions of the program;
       (3)
immediately report dismissal from the treatment program based upon lack of
compliance with the terms and conditions of the program to the circuit
solicitor, the court, and the attorney for the participant; and
       (4)
advise the circuit solicitor, the court, the attorney for the participant, and
the victim, if there is an identified victim, of the participant's successful
completion of the program requirements.
    Section
17-22-1360.  (A) Upon successful
completion of the behavioral health conditional dismissal program:
       (1)
The court shall dismiss the charged offense or offenses with prejudice and
discharge the defendant.
       (2)
All records relating to the case including, but not limited to, arrest records
and records relating to the charges, must be sealed.
       (3)
The offense is accessible for review for the sole purpose of determining the
defendant's eligibility for deferred prosecution under an applicable
intervention program, including any intervention program created pursuant to
Chapter 22, Title 17.
       (4)
The defendant is not required to disclose the arrest or other information
relating to the charges or participation in the program on an application for
employment, credit, or other type of application unless required to do so by
state or federal law.
    (B)
If a defendant who is participating in the behavioral health conditional
dismissal program is convicted of or enters a plea of guilty to a felony
offense other than a qualifying offense under any law of the United States,
this State, or any other state, that was committed while participating in the
program, the defendant must be discharged from the behavioral health
conditional dismissal program for failure to comply with the terms and
conditions.
    (C)
If the defendant is discharged from the behavioral health conditional dismissal
program by the treatment provider pursuant to Section 17-22-1350, all
statements or other disclosures made by the defendant to any provider while
participating in the program are protected by all applicable privacy laws and
professional standards regarding confidentiality and are not admissible in a
criminal trial relating to the offenses covered by the agreement executed pursuant
to Section 17-22-1340.
    (D)
The circuit solicitor shall notify the victim, if there is an identified
victim, of the defendant's dismissal from the program for noncompliance or
discharge from the program following successful completion of the program.
    Section
17-22-1370.  (A) In establishing a
specific behavioral health disorder treatment plan, the program provider
formulating the plan shall consider the following:
       (1)
the existence of programs and resources within the community;
       (2)
available treatment providers;
       (3)
available recovery housing;
       (4)
accessible public and private agencies;
       (5)
the benefit of keeping the participant in the participant's community or
relocation for purposes of treatment, housing, and other supportive services;
       (6)
the safety of the victim of the offense, if there is an identified victim; and
       (7)
the specific and personalized needs of the participant, including the choice of
the participant.
    (B)
A program shall be designed to provide the participant with the skills,
training, and resources needed to maintain recovery and prevent the person from
engaging in criminal activity arising from a behavioral health disorder upon
release from the program.
    (C)
A behavioral health treatment program pursuant to Sections 17-22-1310 to 17-22-1380
must be evidence-based, and may be a behavioral treatment plan, or a medically assisted
treatment plan, or both, with recovery services or a Substance Abuse and Mental
Health Services Administration evidence-based recovery housing program. The
program must provide at a minimum access, as needed, to:
       (1)
inpatient detoxification and treatment, that may include a faith-based
residential treatment program;
       (2)
outpatient treatment;
       (3)
drug testing;
       (4)
addiction counseling;
       (5)
cognitive and behavioral therapies;
       (6)
medication-assisted treatment including:
  (a)
at least one federal Food and Drug Administration-approved agonist medication
for the treatment of opioid or alcohol dependence;
  (b)
partial agonist medication;
  (c)
antagonist medication; and
  (d)
any other approved medication for the mitigation of opioid withdrawal symptoms;
       (7)
educational services;
       (8)
vocational services;
       (9)
housing assistance;
       (10)
peer-support services; and
       (11)
community support services, that may include faith-based services.
    (D)
Except for recovery housing providers, all treatment providers shall:
       (1)
meet the licensure requirements and standards established by the treatment
provider's professional licensing board and the Department of Public Health, as
applicable;
       (2)
qualify as a Medicaid-approved provider; and
       (3)
be accredited by at least one of the following:
  (a)
American Society of Addiction Medicine;
  (b)
Joint Commission on the Accreditation of Healthcare Organizations; or
  (c)
Commission on Accreditation of Rehabilitative Facilities.
    (E)
All recovery housing service providers shall:
       (1)
be certified using the National Alliance for Recovery Residences standards;
       (2)
provide evidence-based services;
       (3)
provide a record of outcomes;
       (4)
provide peer-support services; and
       (5)
address the social determinants of health.
    (F)(1) The State Department of Health
and Human Services, in conjunction with the program provider, shall assist any
program participant who qualifies for Medicaid services to obtain or access
Medicaid services for the participant's behavioral health disorder treatment or
recovery program;
       (2)
The State Department of Health and Human Services and its contractors shall
provide an individual participating in the behavioral health conditional
dismissal program a substance use disorder benefit consistent with federal law
and regulations to include a broad array of treatment options for those with
heroin and substance use disorders;
       (3)
A Medicaid-managed care organization shall treat any referral for treatment pursuant
to Sections 17-22-1310 to 17-22-1380 as an "expedited authorization request."
    (G)
Recovery housing services provided under this pilot program must:
       (1)
be paid utilizing a value-based payment system developed and established by the
medical managed care organizations in conjunction with the Department of Alcohol
and Other Drug Abuse Services and recovery housing providers. The value-based
payment system must be established no later than January 1, 2026, and must
include the following for recovery housing programs:
  (a)
the development of a qualified recovery housing provider network; and
  (b)
establishment and implementation of a value-based payment system that includes
the regular collection of outcomes data within existing Medicaid reimbursement
regulations; and
       (2)
be limited to two hundred individuals unless additional funding designated for
recovery housing is available through the Department of Alcohol and Other Drug
Abuse Services.
    Section
17-22-1380.  (A) The Department of
Alcohol and Other Drug Abuse Services shall establish and maintain a list of
approved assessors for each county participating in the pilot program
established pursuant to Section 17-22-1310.
    (B)
No assessor shall be approved unless the person is a:
       (1)
qualified mental health professional as defined pursuant to Section 17-22-1320;
and
       (2)
Medicaid-approved provider or employed by a Medicaid-approved provider.
    Section
17-22-1390.  (A)(1) The Department
of Employment and Workforce in conjunction with a community rehabilitation
provider shall conduct an in-person initial screening of any individual
participating in a behavioral health conditional dismissal program withing thirty
days of a participant beginning the program pursuant to Section 17-22-1340.
       (2)
Nothing in this section prohibits any department, office, or division of the Department
of Employment and Workforce from entering into an agreement with a third party
in each county participating in the pilot program to provide the services
required under this section.
    (B)
The initial screening must include:
       (1)
education history, including highest school grade completed, and when;
       (2)
employment history, including types and lengths of employments;
       (3)
military history, if any;
       (4)
the participant's physical, mental, and emotional abilities and limitations;
       (5)
aptitude, skill level, and interest testing;
       (6)
an assessment of language skills; and
       (7)
a determination of whether further assessment is needed to develop the
vocational component of the recovery treatment program. If further assessment
is required, it must be completed within the first ninety days following entry
into the recovery treatment program unless additional time is needed to provide
for physical recovery from the effects of a severe behavioral health disorder.
    (C)
Within ten days of completion of the vocational assessment, the Department of
Employment and Workforce, in consultation with the behavioral health
conditional dismissal program provider, shall establish an individualized plan
designed to attain a specific employment outcome to include:
       (1)
specific educational goals with identification of institutions from which the
participant will receive educational credits or training;
       (2)
specific job-skills training, and the facility or institution from which the
participant will receive the job-skills training, to include:
  (a)
a holistic education curriculum that includes, but is not limited to, problem
solving, communication skills, and interpersonal skills; and
  (b)
sector-specific employers as designated by the Department of Employment and
Workforce;
       (3)
the required number of hours per week the participant will be engaged in
educational or vocational training, including anticipated study time or
assigned projects-completion time outside of the classroom or training
facility;
       (4)
the specific services that will be provided though the Department of Employment
and Workforce to achieve the employment outcome, overcome or minimize any
identified obstacles to employment, and the frequency with which those services
will be provided including, but not limited to, access to services during
non-traditional business hours and support;
       (5)
the beginning and projected completion date of each service;
       (6)
if supported employment training or services are to be provided outside of the
Department of Employment and Workforce, the identification of the provider of
the extended services and the reporting and accountability requirements
established with the program provider;
       (7)
the criteria established for evaluating progress and success;
       (8)
the attendance and reporting requirements established for the participant and
for the institution or facility providing the service, including to whom and
with what frequency reports are to be made;
       (9)
the date the employment plan is estimated to be completed;
       (10)
the job-placement assistance plan that will be provided to the participant by
the department;
       (11)
the need for ongoing or future training following completion of the employment
plan and the availability of that training to the participant; and
       (12)
the continuum of care to be provided by a community rehabilitation provider.
    (D)
The Department of Employment and Workforce, in consultation with the State
Commission on Higher Education, shall provide the participant with assistance
in securing all scholarships, grants, or other available financial assistance
to ensure access to the educational or training requirements needed to achieve
the specific employment outcome.
    (E)
The Department of Employment and Workforce may establish an electronic registry
to be used by participants in the behavioral conditional dismissal program,
treatment plan providers, and prospective employers to assist in matching
program participants with employment opportunities.
    Section
17-22-1400.  (A) The Behavioral
Health Conditional Dismissal Program Implementation Council is created for the
purpose of assisting with the implementation of the behavioral health
conditional dismissal pilot program created pursuant to Section 17-22-1310.
    (B)
The membership of the council includes the following:
       (1)
the Director of the Bureau of Drug Control of the Department of Public Health,
or the director's designee, who shall serve as chair of the council;
       (2)
the Director of the Office of the Court Administration, or the director's
designee;
       (3)
the Director of the Department of Disabilities and Special Needs, or the director's
designee;
       (4)
the Director of the State Department of Health and Human Services, or the director's
designee;
       (5)
one member of the South Carolina Bar with experience representing criminal
defendants, appointed by the Executive Director of the South Carolina Bar;
       (6)
one circuit solicitor, appointed by the Chief Justice of the South Carolina Supreme
Court;
       (7)
one circuit judge, appointed by the Chief Justice of the South Carolina Supreme
Court;
       (8)
one magistrate judge, appointed by the Chief Justice of the South Carolina Supreme
Court;
       (9)
the President of the South Carolina Jail Administrators Association, or the president's
designee;
       (10)
one individual selected by the Director of the Department of Alcohol and Other
Drug Abuse Services who is in recovery from a substance use disorder; and
       (11)
one individual selected by the Director of the Department of Mental Health who
is being treated or has been treated for a mental health disorder as defined in
Section 17-22-1320.
    (C)
The council shall meet at least quarterly.  Meetings must be held at the call
of the chair, or upon the written request of two members to the chair.
    (D)
The council shall:
       (1)
oversee the implementation of the behavioral health conditional dismissal
program pilot project;
       (2)
review the data collected by the Office of Court Administration and report to
the chairs of the Senate Judiciary Committee and House Judiciary Committee and
the Governor by October first of each year of the pilot project regarding:
  (a)
recommendations for any additional performance measures needed to promote the
success of the program;
  (b)
whether any action is necessary, including funding or legislation;
  (c)
recommendations for resolving any matters that reduce the effectiveness of the
program; and
  (d)
any additional information the council deems appropriate.
    (E) Members
must be compensated for their services at the usual rate for mileage,
subsistence, and per diem as provided by law for members of state boards,
committees, and commissions and may be reimbursed for actual and necessary
expenses incurred in connection with and as a result of their work as members
or persons acting on behalf of the council.
    (F)
The council shall dissolve December 31, 2027, unless extended by the General
Assembly.
    Section
17-22-1410.  (A) There is created
in the State Treasury the Behavioral Health Conditional Dismissal Program Trust
Fund to be administered by the Department of Alcohol and Other Drug Abuse
Services. This fund is separate and distinct from the general fund of the State
and all other funds.
    (B) The
fund shall consist of appropriations and donations, state and federal grants to
include grants for substance use disorder treatment and mental health disorder
treatment, opioid settlement monies made available for purposes of the fund, contributions,
bequests, or other gifts.
    (C)
Monies deposited in the fund may be used only to administer and support the
purposes of this article, and may include payments for services rendered by a
qualified mental health provider as defined in Section 17-22-1320 and treatment
program providers upon exhaustion of payments from other payment providers
including, but not limited to, Medicaid and private insurance.
    (D)
The department may 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 is subject to the State Procurement Code.
    (E) Earnings
and interest on this fund must be credited to it and any balance in this fund
at the end of the fiscal year carries forward in the fund in the succeeding
fiscal year.
SECTION 2.  If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 06, 2024 at 09:57 AM