SC H3088

Creates a 4-year pilot "Behavioral Health Conditional Dismissal Program" in at least 10 South Carolina counties, beginning January 1, 2026, offering treatment alternatives to incarceration for defendants with mental health or substance use disorders

Eligible participants must be South Carolina residents age 18+, charged with a misdemeanor or Class D felony (excluding violent crimes, sexual offenses, DUI, stalking with protective orders, and domestic violence), with no prior convictions for Class A, B, or C felonies

Requires clinical assessment within 72 hours of booking for qualifying offenses, with treatment plans including medication-assisted treatment, recovery housing, counseling, vocational training, and educational services

Successful program completion results in charges being dismissed with prejudice and records sealed; participants are not required to plead guilty as a condition of participation

Establishes a Behavioral Health Conditional Dismissal Program Trust Fund and an Implementation Council to oversee the pilot, with mandatory quarterly data collection and annual reporting to the legislature and Governor