The proposed bill, H. 3088, seeks to establish a pilot "Behavioral Health Conditional Dismissal Program" in South Carolina, which will operate in at least ten counties as designated by the Chief Justice of the South Carolina Supreme Court. This initiative aims to provide an alternative to incarceration for individuals with behavioral health disorders, allowing them to receive necessary treatment and support services instead of facing criminal charges. The program is set to commence on January 1, 2026, and will run for four years unless modified by the General Assembly. Key features of the program include medication-assisted treatment, recovery services, vocational training, and a requirement for data collection and reporting to state authorities. Eligibility criteria stipulate that participants must have a qualifying offense that is not classified as a violent crime, and clinical assessments must be conducted within 72 hours of arrest.

The bill also establishes the Behavioral Health Conditional Dismissal Program Implementation Council, which will oversee the program's implementation and consist of various stakeholders, including state department directors and individuals with personal experience in mental health or substance use disorders. Additionally, it creates the Behavioral Health Conditional Dismissal Program Trust Fund, managed by the Department of Alcohol and Other Drug Abuse Services, to support the program's administration through various funding sources. The council is required to meet quarterly and report annually on the program's performance and recommendations for improvement. Upon successful completion of the program, charges against participants will be dismissed with prejudice, and their records will be sealed, ensuring that they do not have to disclose their participation in job applications unless legally required.