Section 1. Section 26B-2-135 is amended to read:26B-2-135. Licensing behavioral health receiving centers.(1)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and Section 63J-1-504, the office:(1)(a)shall adopt and enforce rules to establish the process for initial and renewal applications to operate a behavioral health receiving center;(2)(b)may assess and collect application and renewal fees for behavioral health receiving center licenses; and(3)(c)shall deposit any fees collected under Subsection (2)(1)(b) into the General Fund as a dedicated credit to be used solely to pay for or offset the office's costs incurred in performing the duties under this section.(2)(a)As used in this Subsection (2):(i)"Diversion" means referral to a licensed center by a law enforcement agency, a law enforcement officer, or by court order, including:(A)under the terms of a diversion agreement described in Section 77-2-5;(B)voluntary referral as described in Section 26B-5-121; (C)as an alternative to penalties for a violation of probation or parole; or(D)any other court ordered or law enforcement facilitated alternative to criminal penalties.(ii)"Diversion contact" means the prosecuting attorney that is a party to a diversion agreement, the court that orders diversion, or the law enforcement agency or offer that facilitates the diversion.(iii)"Licensed center" means a behavioral health receiving center licensed under this part.(iv)"Responsible law enforcement agency" means the law enforcement agency that employs a law enforcement officer that facilitates an individual's connection with a licensed center as described in Section 26B-5-121.(v)"Treatment program" means a licensed center's program for providing mental health services to an individual experiencing a mental health crisis.(b)Rules the office adopts in accordance with Subsection (1)(a) shall require a licensed center, for an individual that enters the treatment program through diversion to:(i)establish a process for identifying and communicating with a responsible law enforcement agency and diversion contacts;(ii)notify a responsible law enforcement agency or diversion contacts:(A)if the individual is actively participating in the treatment program 60 days after the day on which the individual entered the treatment program; or(B)if the individual resists participation in the treatment program before 60 days after the day on which the individual enters the treatment program;(iii)notify diversion contacts if the individual violates a diversion agreement, court order, or other terms of the diversion; and(iv)notify the responsible law enforcement agency or diversion contacts no more than 24 hours after the individual leaves the treatment program, if the individual leaves before the individual is cleared by the licensed center to leave.

Section 2. Section 26B-4-1103 is enacted to read:26B-4-1103. Mental health and substance use disorder screening -- Study -- Recommendations -- Report.(1)As used in this section:(a)"Behavioral health receiving center" means the same as that term is defined in Section 26B-2-101.(b)"Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.(c)"Recommended screening tool" means a screening tool the department recommends as described in Subsection (2)(c).(d)"Screening tool" means the evidence-based screening tool to screen an inmate for substance use disorders described in Subsection 17-72-501(2)(e).(2)(a)In collaboration with the commission, the department shall conduct a study on, and make recommendations for, screening tools.(b)In conducting the study described in Subsection (2)(a), the department shall collect and analyze data on:(i)the screening tools used as described in Subsection 17-72-501(2)(e);(ii)outcomes of the screening of inmates screened using the screening tools; and(iii)outcomes of treatment and programs provided to inmates based on the screening described in Subsection (2)(b)(ii).(c)(i)No later than January 1, 2027, the department shall make recommendations for screening tools and make recommended screening tools available to persons conducting screenings required under Subsection 17-72-501(2)(e).(ii)The department shall ensure that a recommended screening tool is evidence-based, standardized, and validated, and is able to screen for:(A)substance use and mental health disorders;(B)an inmate's service needs; and(C)the appropriateness of treatment in the community, including at a behavioral health receiving center.(d)By October 1, 2027, the department shall collect and analyze data on the use of the recommended screening tools, including data on:(i)outcomes of the screening of inmates screened using the recommended screening tool; and(ii)outcomes of treatment and programs, including treatment at a behavioral health receiving center, provided to inmates based on a screening described in Subsection (2)(d)(i).(3)No later than November 1, 2027, the department shall submit a report to the Health and Human Services Interim Committee on the data collected and analyzed in accordance with Subsection (2)(d).

Section 3. Section 26B-4-1104 is enacted to read:26B-4-1104. Mental health and substance use disorder disclosure -- Standard form --Consent -- Sharing.(1)As used in this section:(a)"Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.(b)"Defendant" means an individual who has been charged with a criminal offense, or been convicted of, or entered into a plea disposition for, criminal conduct.(c)"Division of Adult Probation and Parole" means the Division of Adult Probation and Parole created in Section 64-14-202.(d)"First responder" means the same as that term is defined in Section 26B-5-121.(e)"Health care provider" means the same as that term is defined in Section 78B-3-403.(f)"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended.(g)"Parolee" means an individual on parole under the supervision of the Division of Adult Probation and Parole.(h)"Probationer" means an individual on probation under the supervision of the Division of Adult Probation and Parole.(2)Before December 31, 2026, the department shall create a standard form that:(a)is compliant with HIPAA and 42 C.F.R. Part 2; and(b)a defendant, an inmate, a parolee, or a probationer may use to consent to the disclosure of the individual's mental health disorder or substance use disorder diagnosis to:(i)health care providers;(ii)first responders;(iii)the courts;(iv)the Division of Adult Probation and Parole;(v)local mental health authorities; or(vi)other persons the department, in consultation with the commission, identifies in rules made in accordance with Subsection (5).(3)The form described in Subsection (2) shall:(a)include fields for the inmate's name, date of birth, signature, and date of signature;(b)identify each person described in Subsection (2)(b) to whom the individual's diagnosis information will be disclosed;(c)describe the circumstances under which the individual's diagnosis information will be disclosed; and(d)identify the duration of time that the consent to disclosure is valid.(4)The department shall make the form available for use by health care providers, first responders, courts, and the Division of Adult Probation and Parole.(5)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the commission, shall make rules to:(a)define and restrict a person's access to the information disclosed in the form, which shall be based on:(i)the person's need to access the information to provide treatment or services to an individual;(ii)the person's contact with the individual;(iii)the individual's consent; and(iv)applicable law; and(b)identify additional persons for inclusion on the disclosure form as described in Subsection (2)(b)(vi).

Section 4. Section 26B-5-121 is amended to read:26B-5-121. Voluntary referrals to substance use and mental health services by first responders -- Immunity from liability -- Reporting -- Rulemaking.(1)As used in this section:(a)"First responder" means:(i)a law enforcement officer, as that term is defined in Section 53-13-103;(ii)emergency medical service personnel, as that term is defined in Section 53-2d-101;(iii)an emergency medical technician, as that term is defined in Section 53-2e-101;(iv)an advanced emergency medical technician, as that term is defined in Section 53-2e-101;(v)a firefighter, as that term is defined in Section 53H-11-306; or(vi)a dispatcher, as that term is defined in Section 53-6-102.(b)"Local services list" means a comprehensive list of local substance use or mental health services, as described in Subsections 17-77-201(5)(b)(iii) and 17-77-301(5)(c).(c)"Statewide services list" means the comprehensive list of providers of mental health and substance use services available to individuals in the state as described in Section 26B-5-122.(2)As and when appropriate, a first responder is encouraged to offer a referral to substance use or mental health services to an individual who experiences an intentional or accidental overdose.(3)If an individual expresses interest in substance use or mental health services, a first responder may, as appropriate:(a)facilitate a real-time connection with an appropriate local service provider;(b)contact the statewide 988 crisis line for assistance; or(c)if the individual does not wish to speak with a service provider at that time, provide the individual with a physical copy of a local services list or the statewide services list.(4)(a)This section does not create a duty for a first responder to offer or provide a referral to substance use or mental health services.(b)A first responder and an employer of a first responder are not liable under this section for a first responder's action or failure to act in regards to offering or providing a referral to substance use or mental health services as described in this section.(c)This section does not affect any privilege or immunity from liability, exemption from law, ordinance, or rule, or any other benefit that applies to a first responder or an employer of a first responder.(5)(a)If a first responder offers a referral to substance use or mental health services as described in this section, the first responder's employer shall report annually to the division the total number of individuals who accepted a referral from all first responders employed by the employer.(b)The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying how the reports required by Subsection (5)(a) shall be submitted.

Section 5. Section 26B-5-122 is enacted to read:26B-5-122. Statewide services list.(1)As used in this section:(a)"Behavioral health receiving center" means the same as that term is defined in Section 26B-2-101.(b)"First responder" means the same as that term is defined in Section 26B-5-121.(c)"Health care provider" means the same as that term is defined in Section 78B-3-403.(d)"Local services list" means the same as that term is defined in Section 26B-5-121.(e)(i)"Provider" means a person that provides programs or facilities for mental health and substance use treatment services.(ii)"Provider" includes a behavioral health receiving center.(2)The department shall annually prepare a comprehensive list of providers available to individuals in the state.(3)The list described in Subsection (2) shall:(a)include services included in local services lists;(b)be in a form and format easily usable by:(i)first responders for the purpose of a referral described in Section 26B-5-121; and(ii)courts and prosecuting attorneys for the purpose of diversion as described in Section 77-2-5;(c)list providers by name; and(d)be organized by county.(4)The department shall:(a)publish the list on the department's website;(b)ensure the list published on the department's website is searchable by, and accessible to:(i)first responders;(ii)county sheriffs and other county jail employees as appropriate;(iii)courts and prosecuting attorneys;(iv)the Division of Adult Probation and Parole created in Section 64-14-202; and(v)health care providers; and(c)make the list available to first responders in print format for the purpose of providing the list to an individual as described in Subsection 26B-5-121(3)(c).

Section 6. Section 26B-5-331 is amended to read:26B-5-331. Temporary commitment -- Requirements and procedures -- Rights.(1)An adult shall be temporarily, involuntarily committed to a local mental health authority upon:(a)a written application that:(i)is completed by a responsible individual who has reason to know, stating a belief that the adult, due to mental illness, is likely to pose substantial danger to self or others if not restrained and stating the personal knowledge of the adult's condition or circumstances that lead to the individual's belief; and(ii)includes a certification by a licensed physician, licensed physician assistant, licensed nurse practitioner, or designated examiner stating that the physician, physician assistant, nurse practitioner, or designated examiner has examined the adult within a three-day period immediately preceding the certification, and that the physician, physician assistant, nurse practitioner, or designated examiner is of the opinion that, due to mental illness, the adult poses a substantial danger to self or others; or(b)a peace officer or a mental health officer:(i)observing an adult's conduct that gives the peace officer or mental health officer probable cause to believe that:(A)the adult has a mental illness; and(B)because of the adult's mental illness and conduct, the adult poses a substantial danger to self or others; and(ii)completing a temporary commitment application that:(A)is on a form prescribed by the division;(B)states the peace officer's or mental health officer's belief that the adult poses a substantial danger to self or others;(C)states the specific nature of the danger;(D)provides a summary of the observations upon which the statement of danger is based; and(E)provides a statement of the facts that called the adult to the peace officer's or mental health officer's attention.(2)If at any time a patient committed under this section no longer meets the commitment criteria described in Subsection (1), the local mental health authority's designee shall:(a)document the change and release the patient; and(b)if the patient was admitted under Subsection (1)(b), notify the local mental health authority of the patient's release if deemed appropriate by a licensed health care provider or if the patient consents to the information being shared.(3)A patient committed under this section may be held for a maximum of 72 hours after commitment, excluding Saturdays, Sundays, and state holidays, unless:(a)as described in Section 26B-5-332, an application for involuntary commitment is commenced, which may be accompanied by an order of detention described in Subsection 26B-5-332(4); or(b)the patient makes a voluntary application for admission.(4)Upon a written application described in Subsection (1)(a) or the observation and belief described in Subsection (1)(b)(i), the adult shall be:(a)taken into a peace officer's protective custody, by reasonable means, if necessary for public safety; and(b)transported for temporary commitment to a facility designated by the local mental health authority, by means of:(i)an ambulance, if the adult meets any of the criteria described in Section 53-2d-405;(ii)an ambulance, if a peace officer is not necessary for public safety, and transportation arrangements are made by a physician, physician assistant, nurse practitioner, designated examiner, or mental health officer;(iii)the city, town, or municipal law enforcement authority with jurisdiction over the location where the adult is present, if the adult is not transported by ambulance;(iv)the county sheriff, if the designated facility is outside of the jurisdiction of the law enforcement authority described in Subsection (4)(b)(iii) and the adult is not transported by ambulance; or(v)nonemergency secured behavioral health transport as that term is defined in Section 53-2d-101.(5)Notwithstanding Subsection (4):(a)an individual shall be transported by ambulance to an appropriate medical facility for treatment if the individual requires physical medical attention;(b)if an officer has probable cause to believe, based on the officer's experience and de-escalation training that taking an individual into protective custody or transporting an individual for temporary commitment would increase the risk of substantial danger to the individual or others, a peace officer may exercise discretion to not take the individual into custody or transport the individual, as permitted by policies and procedures established by the officer's law enforcement agency and any applicable federal or state statute, or case law; and(c)if an officer exercises discretion under Subsection (4)(b) to not take an individual into protective custody or transport an individual, the officer shall document in the officer's report the details and circumstances that led to the officer's decision.(6)(a)The local mental health authority or the local mental health authority's designee shall inform an adult patient committed under this section of the reason for commitment.(b)An adult patient committed under this section has the right to:(i)within three hours after arrival at the local mental health authority, make a telephone call, at the expense of the local mental health authority, to an individual of the patient's choice; and(ii)see and communicate with an attorney.(7)(a)Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this section.(b)This section does not create a special duty of care.(8)(a)A local mental health authority or the local mental health authority's designee shall provide discharge instructions to each individual committed under this section at or before the time the individual is discharged from the local mental health authority's custody, regardless of whether the individual is discharged by being released, taken into a peace officer's protective custody, transported to a medical facility or other facility, or other circumstances.(b)Discharge instructions provided under Subsection (8)(a) shall include:(i)a safety plan for the individual based on the individual's mental illness or mental or emotional state, if applicable;(ii)notification to the individual's primary care provider, if applicable;(iii)if the individual is discharged without food, housing, or economic security, a referral to appropriate services, if such services exist in the individual's community;(iv)the phone number to call or text for a crisis services hotline, and information about the availability of peer support services;(v)a copy of any psychiatric advance directive, if applicable;(vi)information about how to establish a psychiatric advance directive if one has not been completed;(vii)as applicable, information about medications that were changed or discontinued during the commitment;(viii)information about how to contact the local mental health authority if needed; and(ix)information about how to request a copy of the individual's medical record and how to access the electronic patient portal for the individual's medical record.(c)If an individual's medications were changed, or if an individual was prescribed new medications while committed under this section, discharge instructions provided under Subsection (8)(a) shall include a clinically appropriate supply of medications, as determined by a licensed health care provider, to allow the individual time to access another health care provider or follow-up appointment.(d)Discharge instructions shall be provided in paper or electronic format based on the individual's preference.(e)If an individual refuses to accept discharge instructions, the local mental health authority or the local mental health authority's designee shall document the refusal in the individual's medical record.(f)If an individual's discharge instructions include referrals to services under Subsection (8)(b)(iii), the local mental health authority or the local mental health authority's designee shall document those referrals in the individual's medical record.(g)The local mental health authority shall attempt to follow up with a discharged individual at least 48 hours after discharge, when appropriate, and may use peer support professionals when performing follow-up care or developing a continuing care plan.

Section 7. Section 26B-5-332 is amended to read:26B-5-332. Involuntary commitment under court order -- Examination -- Hearing -- Power of court -- Findings required -- Costs.(1)A responsible individual who has credible knowledge of an adult's mental illness and the condition or circumstances that have led to the adult's need to be involuntarily committed may initiate an involuntary commitment court proceeding by filing, in the court in the county where the proposed patient resides or is found, a written application that includes:(a)unless the court finds that the information is not reasonably available, the proposed patient's:(i)name;(ii)date of birth; and(iii)social security number;(b)(i)a certificate of a licensed physician or a designated examiner stating that within the seven-day period immediately preceding the certification, the physician or designated examiner examined the proposed patient and is of the opinion that the proposed patient has a mental illness and should be involuntarily committed; or(ii)a written statement by the applicant that:(A)the proposed patient has been requested to, but has refused to, submit to an examination of mental condition by a licensed physician or designated examiner;(B)is sworn to under oath; and(C)states the facts upon which the application is based; and(c)a statement whether the proposed patient has previously been under an assisted outpatient treatment order, if known by the applicant.(2)Before issuing a judicial order, the court:(a)shall require the applicant to consult with the appropriate local mental health authority at or before the hearing; and(b)may direct a mental health professional from the local mental health authority to interview the applicant and the proposed patient to determine the existing facts and report the existing facts to the court.(3)The court may issue an order, directed to a mental health officer or peace officer, to immediately place a proposed patient in the custody of a local mental health authority or in a temporary emergency facility, as described in Section 26B-5-334, to be detained for the purpose of examination if:(a)the court finds from the application, any other statements under oath, or any reports from a mental health professional that there is a reasonable basis to believe that the proposed patient has a mental illness that poses a danger to self or others and requires involuntary commitment pending examination and hearing; or(b)the proposed patient refuses to submit to an interview with a mental health professional as directed by the court or to go to a treatment facility voluntarily.(4)(a)The court shall provide notice of commencement of proceedings for involuntary commitment, setting forth the allegations of the application and any reported facts, together with a copy of any official order of detention, to a proposed patient before, or upon, placement of the proposed patient in the custody of a local mental health authority or, with respect to any proposed patient presently in the custody of a local mental health authority whose status is being changed from voluntary to involuntary, upon the filing of an application for that purpose with the court.(b)The place of detention shall maintain a copy of the order of detention.(5)(a)The court shall provide notice of commencement of proceedings for involuntary commitment as soon as practicable to the applicant, any legal guardian, any immediate adult family members, legal counsel for the parties involved, the local mental health authority or the local mental health authority's designee, and any other persons whom the proposed patient or the court designates.(b)Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall advise the persons that a hearing may be held within the time provided by law.(c)If the proposed patient refuses to permit release of information necessary for provisions of notice under this subsection, the court shall determine the extent of notice.(6)Proceedings for commitment of an individual under 18 years old to a local mental health authority may be commenced in accordance with Part 4, Commitment of Persons Under Age 18.(7)(a)The court may, in the court's discretion, transfer the case to any other district court within this state, if the transfer will not be adverse to the interest of the proposed patient.(b)If a case is transferred under Subsection (7)(a), the parties to the case may be transferred and the local mental health authority may be substituted in accordance with Utah Rules of Civil Procedure, Rule 25.(8)(a)Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a judicial order, or after commitment of a proposed patient to a local mental health authority or the local mental health authority's designee under court order for detention or examination, the court shall appoint twoone designated examinersexaminer:(a)(i)who did not sign the civil commitment application nor the civil commitment certification under Subsection (1);(b)(ii)one of whomwho is:(i)(A)a licensed physician; or(ii)(B)a psychiatric mental health nurse practitioner or a psychiatric mental health clinical nurse specialist who:(A)(I)is nationally certified;(B)(II)is doctorally trained; and(C)(III)has at least two years of inpatient mental health experience, regardless of the license the individual held at the time of that experience; and(c)(iii)one of whomwho may be designated by the proposed patient or the proposed patient's counsel, if that designated examiner is reasonably available.(b)The court may order a second dedicated examiner to examine the proposed patient after the first designated examiner's examination is complete, upon request of the applicant or local mental health authority.(9)The court shall schedule a hearing to be held within 10 calendar days after the day on which the designated examiners areexaminer is appointed.(10)(a)The designatedIf more than one examiner is appointed as described in Subsection (8)(b), the examiners shall conduct the examinations separately.(b)The designated examinersexaminer shall conduct the examinationsexamination: (i)through telehealth unless the designated examiner determines that: (A)a telehealth examination would not be sufficient to properly assess the proposed patient;(B)a telehealth examination would have a harmful effect on the proposed patient's health; or(C)an in-person examination can be conducted as effectively, conveniently, and timely as an examination through telehealth; and(ii)if the designated examiner determines, pursuant toin accordance with Subsection (10)(b)(i), that the examination should be conducted in person, at the home of the proposed patient, at a hospital or other medical facility, or at any other suitable place that is not likely to have a harmful effect on the proposed patient's health.(c)The designated examinersexaminer shall inform the proposed patient, if not represented by an attorney:(i)that the proposed patient does not have to say anything;(ii)of the nature and reasons for the examination;(iii)that the examination was ordered by the court;(iv)that any information volunteered could form part of the basis for the proposed patient's involuntary commitment;(v)that findings resulting from the examination will be made available to the court; and(vi)that the designated examiner may, under court order, obtain the proposed patient's mental health records.(d)Within 24 hours of examining the proposed patient, a designated examiner shall report to the court, orally or in writing, whether the proposed patient is mentally ill, has agreed to voluntary commitment, as described in Section 26B-5-360, or has acceptable programs available to the proposed patient without court proceedings.(e)If a designated examiner reports orally under Subsection (10)(d), the designated examiner shall immediately send a written report to the clerk of the court.(11)If a designated examiner is unable to complete an examination on the first attempt because the proposed patient refuses to submit to the examination, the court shall fix a reasonable compensation to be paid to the examiner.(12)If the local mental health authority, the local mental health authority's designee, or a medical examiner determines before the court hearing that the conditions justifying the findings leading to a commitment hearing no longer exist, the local mental health authority, the local mental health authority's designee, or the medical examiner shall immediately report the determination to the court.(13)(a)The court shall terminate the proceedings and dismiss the application before the hearing if both designated examiners informa designated examiner informs the court that the proposed patient does not meet the criteria in Subsection (16).(b)The court may terminate the proceedings and dismiss the application at any time, including before the hearing, if the designated examinersexaminer or the local mental health authority or the local mental health authority's designee informs the court that the proposed patient:(i)has agreed to voluntary commitment, as described in Section 26B-5-360;(ii)has acceptable options for treatment programs that are available without court proceedings; or(iii)meets the criteria for assisted outpatient treatment described in Section 26B-5-351.(14)(a)Before the hearing, the court shall provide the proposed patient an opportunity to be represented by counsel, and if neither the proposed patient nor others provide counsel, the court shall appoint counsel and allow counsel sufficient time to consult with the proposed patient before the hearing.(b)In the case of an indigent proposed patient, the county in which the proposed patient resides or is found shall make payment of reasonable attorney fees for counsel, as determined by the court.(15)(a)(i)The court shall afford the proposed patient, the applicant, and any other person to whom notice is required to be given an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses.(ii)The court may, in the court's discretion, receive the testimony of any other person.(iii)The court may allow a waiver of the proposed patient's right to appear for good cause, which cause shall be set forth in the record, or an informed waiver by the patient, which shall be included in the record.(b)The court is authorized to exclude any person not necessary for the conduct of the proceedings and may, upon motion of counsel, require the testimony of each designated examiner to be given out of the presence of any other designated examiners.(c)The court shall: (i)conduct the hearing in as informal a manner as may be consistent with orderly procedure; and (ii)while preserving the due process rights of the proposed patient:(A)conduct the hearing remotely, in accordance with Utah Rules of Civil Procedure, Rule 87, unless the court finds good cause under Rule 87 not to conduct the hearing remotely; or(B)if the court finds good cause under Rule 87 not to conduct the hearing remotely, conduct the hearing in a physical setting that is not likely to have a harmful effect on the mental health of the proposed patient.(d)The court shall consider any relevant historical and material information that is offered, subject to the rules of evidence, including reliable hearsay under Utah Rules of Evidence, Rule 1102.(e)(i)A local mental health authority or the local mental health authority's designee or the physician in charge of the proposed patient's care shall, at the time of the hearing, provide the court with the following information:(A)the detention order;(B)admission notes;(C)the diagnosis;(D)any doctors' orders;(E)progress notes;(F)nursing notes;(G)medication records pertaining to the current commitment; and(H)whether the proposed patient has previously been civilly committed or under an order for assisted outpatient treatment.(ii)The local mental health authority or the local mental health authority's designee or the physician in charge of the proposed patient's care shall also supply the information described in Subsection (15)(e)(i) to the proposed patient's counsel at the time of the hearing, and at any time prior to the hearing upon request by the proposed patient's counsel.(16)(a)The court shall order commitment of an adult proposed patient to a local mental health authority if, upon completion of the hearing and consideration of the information presented, the court finds by clear and convincing evidence that:(i)(A)the proposed patient has a mental illness;(B)because of the proposed patient's mental illness the proposed patient poses a substantial danger to self or others;(C)the proposed patient lacks the ability to engage in a rational decision-making process regarding the acceptance of mental treatment as demonstrated by evidence of inability to weigh the possible risks of accepting or rejecting treatment;(D)there is no appropriate less-restrictive alternative to a court order of commitment; and(E)the local mental health authority can provide the proposed patient with treatment that is adequate and appropriate to the proposed patient's conditions and needs; or(ii)(A)the proposed patient has been charged with a criminal offense;(B)with respect to the charged offense, the proposed patient is found incompetent to proceed as a result of a mental illness;(C)the proposed patient has a mental illness;(D)the proposed patient has a persistent unawareness of their mental illness and the negative consequences of that illness, or within the preceding six months has been requested or ordered to undergo mental health treatment but has unreasonably refused to undergo that treatment;(E)there is no appropriate less-restrictive alternative to a court order of commitment; and(F)the local mental health authority can provide the proposed patient with treatment that is adequate and appropriate to the proposed patient's conditions and needs.(b)(i)If, at the hearing, the court determines that the proposed patient has a mental illness but does not meet the other criteria described in Subsection (16)(a), the court may consider whether the proposed patient meets the criteria for assisted outpatient treatment under Section 26B-5-351.(ii)The court may order the proposed patient to receive assisted outpatient treatment in accordance with Section 26B-5-351 if, at the hearing, the court finds the proposed patient meets the criteria for assisted outpatient treatment under Section 26B-5-351.(iii)If the court determines that neither the criteria for commitment under Subsection (16)(a) nor the criteria for assisted outpatient treatment under Section 26B-5-351 are met, the court shall dismiss the proceedings after the hearing.(17)(a)(i)The court shall immediately notify the appropriate local mental health authority and the division upon entry of an order of commitment, including an order to extend the patient's treatment period.(i)(ii)The order of commitment shall designate the period for which the patient shall be treated.(ii)(iii)If the patient is not under an order of commitment at the time of the hearing, the patient's treatment period may not exceed six months without a review hearing.(iii)(iv)Upon a review hearing, to be commenced before the expiration of the previous order of commitment, an order for commitment may be for an indeterminate period, if the court finds by clear and convincing evidence that the criteria described in Subsection (16) will last for an indeterminate period.(b)(i)The court shall maintain a current list of all patients under the court's order of commitment and review the list to determine those patients who have been under an order of commitment for the court designated period.(ii)At least two weeks before the expiration of the designated period of any order of commitment still in effect, the court that entered the original order of commitment shall inform the appropriate local mental health authority or the local mental health authority's designee of the expiration.(iii)Upon receipt of the information described in Subsection (17)(b)(ii), the local mental health authority or the local mental health authority's designee shall immediately reexamine the reasons upon which the order of commitment was based.(iv)If, after reexamination under Subsection (17)(b)(iii), the local mental health authority or the local mental health authority's designee determines that the conditions justifying commitment no longer exist, the local mental health authority or the local mental health authority's designee shall discharge the patient from involuntary commitment and immediately report the discharge to the court and the division.(v)If, after reexamination under Subsection (17)(b)(iii), the local mental health authority or the local mental health authority's designee determines that the conditions justifying commitment continue to exist, the court shall immediately appoint two designated examiners and proceed under Subsections (8) through (14).(c)(i)The local mental health authority or the local mental health authority's designee responsible for the care of a patient under an order of commitment for an indeterminate period shall, at six-month intervals, reexamine the reasons upon which the order of indeterminate commitment was based.(ii)If the local mental health authority or the local mental health authority's designee determines that the conditions justifying commitment no longer exist, the local mental health authority or the local mental health authority's designee shall discharge the patient from the local mental health authority's or the local mental health authority designee's custody and immediately report the discharge to the court and the division.(iii)If the local mental health authority or the local mental health authority's designee determines that the conditions justifying commitment continue to exist, the local mental health authority or the local mental health authority's designee shall send a written report of the findings to the court.(iv)The local mental health authority or the local mental health authority's designee shall notify the patient and the patient's counsel of record in writing that the involuntary commitment will be continued under Subsection (17)(c)(iii), the reasons for the decision to continue, and that the patient has the right to a review hearing by making a request to the court.(v)Upon receiving a request under Subsection (17)(c)(iv), the court shall immediately appoint two designated examinersa designated examiner and proceed under Subsections (8) through (14).(18)(a)Any patient committed as a result of an original hearing or a patient's legally designated representative who is aggrieved by the findings, conclusions, and order of the court entered in the original hearing has the right to a new hearing upon filing a petition with the court within 30 days after the day on which the court entered the order.(b)The petition shall allege error or mistake in the findings, in which case the court shall appoint three impartial designated examiners previously unrelated to the case to conduct an additional examination of the patient.(c)Except as provided in Subsection (18)(b), the court shall, in all other respects, conduct the new hearing in the manner otherwise permitted.(19)The county in which the proposed patient resides or is found shall pay the costs of all proceedings under this section.(20)(a)A local mental health authority or the local mental health authority's designee shall provide discharge instructions to each individual committed under this section at or before the time the individual is discharged from the local mental health authority's custody, regardless of the circumstances under which the individual is discharged.(b)Discharge instructions provided under Subsection (20)(a) shall include:(i)a safety plan for the individual based on the individual's mental illness or mental or emotional state, if applicable;(ii)notification to the individual's primary care provider, if applicable;(iii)if the individual is discharged without food, housing, or economic security, a referral to appropriate services, if such services exist in the individual's community;(iv)the phone number to call or text for a crisis services hotline, and information about the availability of peer support services;(v)a copy of any psychiatric advance directive, if applicable;(vi)information about how to establish a psychiatric advance directive if one has not been completed;(vii)as applicable, information about medications that were changed or discontinued during the commitment;(viii)information about how to contact the local mental health authority or established provider as appropriate; and(ix)information about how to request a copy of the individual's medical record and how to access the electronic patient portal for the individual's medical record.(c)If an individual's medications were changed, or if an individual was prescribed new medications while committed under this section, discharge instructions provided under Subsection (20)(a) shall include a clinically appropriate supply of medications, as determined by a licensed health care provider, to allow the individual time to access another health care provider or follow-up appointment.(d)Discharge instructions shall be provided in paper or electronic format based on the individual's preference.(e)If an individual refuses to accept discharge instructions, the local mental health authority shall document the refusal in the individual's medical record.(f)If an individual's discharge instructions include referrals to services under Subsection (20)(b)(iii), the local mental health authority shall document those referrals in the individual's medical record.(g)The local mental health authority shall attempt to follow up with a discharged individual at least 48 hours after discharge, when appropriate, and may use peer support professionals when performing follow-up care or developing a continuing care plan.(21)If any provision of Subsection (16)(a)(ii) or the application of any provision of Subsection (16)(a)(ii) to any person or circumstance is held invalid by a court with jurisdiction, the remainder of Subsection (16)(a)(ii) shall be given effect without the invalid provision or application. The provisions of Subsection (16)(a)(ii) are severable.

Section 8. Section 26B-5-351 is amended to read:26B-5-351. Assisted outpatient treatment proceedings.(1)A responsible individual who has credible knowledge of an adult's mental illness and the condition or circumstances that have led to the adult's need for assisted outpatient treatment may file, in the court in the county where the proposed patient resides or is found, a written application that includes:(a)unless the court finds that the information is not reasonably available, the proposed patient's:(i)name;(ii)date of birth; and(iii)social security number; and(b)(i)a certificate of a licensed physician or a designated examiner stating that within the seven-day period immediately preceding the certification, the physician or designated examiner examined the proposed patient and is of the opinion that the proposed patient has a mental illness and should be involuntarily committed; or(ii)a written statement by the applicant that:(A)the proposed patient has been requested to, but has refused to, submit to an examination of mental condition by a licensed physician or designated examiner;(B)is sworn to under oath; and(C)states the facts upon which the application is based.(2)(a)Subject to Subsection (2)(b), before issuing a judicial order, the court may require the applicant to consult with the appropriate local mental health authority, and the court may direct a mental health professional from that local mental health authority to interview the applicant and the proposed patient to determine the existing facts and report them to the court.(b)The consultation described in Subsection (2)(a):(i)may take place at or before the hearing; and(ii)is required if the local mental health authority appears at the hearing.(3)If the proposed patient refuses to submit to an interview described in Subsection (2)(a) or an examination described in Subsection (8), the court may issue an order, directed to a mental health officer or peace officer, to immediately place the proposed patient into the custody of a local mental health authority or in a temporary emergency facility, as provided in Section 26B-5-334, to be detained for the purpose of examination.(4)Notice of commencement of proceedings for assisted outpatient treatment, setting forth the allegations of the application and any reported facts, together with a copy of any official order of detention, shall:(a)be provided by the court to a proposed patient before, or upon, placement into the custody of a local mental health authority or, with respect to any proposed patient presently in the custody of a local mental health authority;(b)be maintained at the proposed patient's place of detention, if any;(c)be provided by the court as soon as practicable to the applicant, any legal guardian, any immediate adult family members, legal counsel for the parties involved, the local mental health authority or its designee, and any other person whom the proposed patient or the court shall designate; and(d)advise that a hearing may be held within the time provided by law.(5)The court may, in its discretion, transfer the case to any other court within this state, provided that the transfer will not be adverse to the interest of the proposed patient.(6)(a)Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a judicial order, or after commitment of a proposed patient to a local mental health authority or its designee under court order for detention in order to complete an examination, the court shall appoint twoone designated examinersexaminer:(a)(i)who did not sign the assisted outpatient treatment application nor the certification described in Subsection (1);(b)(ii)one of whom who is a licensed physician; and(c)(iii)one of whom who may be designated by the proposed patient or the proposed patient's counsel, if that designated examiner is reasonably available.(b)The court may order a second dedicated examiner to examine the proposed patient after the first designated examiner's examination is complete, upon request of the applicant.(7)The court shall schedule a hearing to be held within 10 calendar days of the day on which the designated examiners areexaminer is appointed.(8)(a)The designated examinersexaminer shall:(a)(i)if more than one examiner is appointed as described in Subsection (6)(b), conduct their examinationsthe examination separately from any other examiner's examination;(b)(ii)conduct the examinationsexamination at the home of the proposed patient, at a hospital or other medical facility, or at any other suitable place that is not likely to have a harmful effect on the proposed patient's health;(c)(iii)inform the proposed patient, if not represented by an attorney:(i)(A)that the proposed patient does not have to say anything;(ii)(B)of the nature and reasons for the examination;(iii)(C)that the examination was ordered by the court;(iv)(D)that any information volunteered could form part of the basis for the proposed patient to be ordered to receive assisted outpatient treatment; and(v)(E)that findings resulting from the examination will be made available to the court; and(d)(iv)within 24 hours of examining the proposed patient, report to the court, orally or in writing, whether the proposed patient is mentally ill. (b)If the designated examiner reports orally under Subsection (8)(a)(iv), the designated examiner shall immediately send a written report to the clerk of the court.(9)If a designated examiner is unable to complete an examination on the first attempt because the proposed patient refuses to submit to the examination, the court shall fix a reasonable compensation to be paid to the examiner.(10)If the local mental health authority, its designee, or a medical examiner determines before the court hearing that the conditions justifying the findings leading to an assisted outpatient treatment hearing no longer exist, the local mental health authority, its designee, or the medical examiner shall immediately report that determination to the court.(11)The court may terminate the proceedings and dismiss the application at any time, including prior to the hearing, if the designated examiners or the local mental health authority or its designee informs the court that the proposed patient does not meet the criteria in Subsection (14).(12)Before the hearing, an opportunity to be represented by counsel shall be afforded to the proposed patient, and if neither the proposed patient nor others provide counsel, the court shall appoint counsel and allow counsel sufficient time to consult with the proposed patient before the hearing. In the case of an indigent proposed patient, the payment of reasonable attorney fees for counsel, as determined by the court, shall be made by the county in which the proposed patient resides or is found.(13)(a)All persons to whom notice is required to be given shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. The court may, in its discretion, receive the testimony of any other individual. The court may allow a waiver of the proposed patient's right to appear for good cause, which cause shall be set forth in the record, or an informed waiver by the patient, which shall be included in the record.(b)The court is authorized to exclude all individuals not necessary for the conduct of the proceedings and may, upon motion of counsel, require the testimony of each examiner to be given out of the presence of any other examiners.(c)The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure, and in a physical setting that is not likely to have a harmful effect on the mental health of the proposed patient.(d)The court shall consider all relevant historical and material information that is offered, subject to the rules of evidence, including reliable hearsay under Rule 1102, Utah Rules of Evidence.(e)(i)A local mental health authority or its designee, or the physician in charge of the proposed patient's care shall, at the time of the hearing, provide the court with the following information:(A)the detention order, if any;(B)admission notes, if any;(C)the diagnosis, if any;(D)doctor's orders, if any;(E)progress notes, if any;(F)nursing notes, if any; and(G)medication records, if any.(ii)The information described in Subsection (13)(e)(i) shall also be provided to the proposed patient's counsel:(A)at the time of the hearing; and(B)at any time prior to the hearing, upon request.(14)The court shall order a proposed patient to assisted outpatient treatment if, upon completion of the hearing and consideration of the information presented, the court finds by clear and convincing evidence that:(a)the proposed patient has a mental illness;(b)there is no appropriate less-restrictive alternative to a court order for assisted outpatient treatment; and(c)(i)the proposed patient lacks the ability to engage in a rational decision-making process regarding the acceptance of mental health treatment, as demonstrated by evidence of inability to weigh the possible risks of accepting or rejecting treatment; or(ii)the proposed patient needs assisted outpatient treatment in order to prevent relapse or deterioration that is likely to result in the proposed patient posing a substantial danger to self or others.(15)The court may order the applicant or a close relative of the patient to be the patient's personal representative, as described in 45 C.F.R. Sec. 164.502(g), for purposes of the patient's mental health treatment.(16)In the absence of the findings described in Subsection (14), the court, after the hearing, shall dismiss the proceedings.(17)(a)The court shall immediately notify the appropriate mental health authority and the division upon entry of an assisted outpatient treatment order, including an order extending the duration of an assisted outpatient treatment order.(a)(b)The assisted outpatient treatment order shall designate the period for which the patient shall be treated, which may not exceed 12 months without a review hearing.(b)(c)At a review hearing, the court may extend the duration of an assisted outpatient treatment order by up to 12 months, if:(i)the court finds by clear and convincing evidence that the patient meets the conditions described in Subsection (14); or(ii)(A)the patient does not appear at the review hearing;(B)notice of the review hearing was provided to the patient's last known address by the applicant described in Subsection (1) or by a local mental health authority; and(C)the patient has appeared in court or signed an informed waiver within the previous 18 months.(c)(d)The court shall maintain a current list of all patients under its order of assisted outpatient treatment.(d)(e)At least two weeks prior to the expiration of the designated period of any assisted outpatient treatment order still in effect, the court that entered the original order shall inform the appropriate local mental health authority or its designee.(18)Costs of all proceedings under this section shall be paid by the county in which the proposed patient resides or is found.(19)A court may not hold an individual in contempt for failure to comply with an assisted outpatient treatment order.(20)As provided in Section 31A-22-651, a health insurance provider may not deny an insured the benefits of the insured's policy solely because the health care that the insured receives is provided under a court order for assisted outpatient treatment.

Section 9. Section 53-6-202 is amended to read:53-6-202. Basic training course -- Completion required -- Annual training -- Prohibition from exercising powers -- Reinstatement.(1)(a)The director shall:(i)(A)suggest and prepare subject material; and(B)schedule instructors for basic training courses; or(ii)review the material and instructor choices submitted by a certified academy.(b)The subject material, instructors, and schedules shall be approved or disapproved by a majority vote of the council.(2)The materials shall be reviewed and approved by the council on or before July 1st of each year and may from time to time be changed or amended by majority vote of the council.(3)The basic training in a certified academy:(a)shall be appropriate for the basic training of peace officers in the techniques of law enforcement in the discretion of the director; (b)may not include the use of chokeholds, carotid restraints, or any act that impedes the breathing or circulation of blood likely to produce a loss of consciousness, as a valid method of restraint; and(c)shall include instruction on identifying, responding to, and reporting a criminal offense that is motivated by a personal attribute as that term is defined in Section 76-3-203.14.(4)(a)All peace officers shall satisfactorily complete the basic training course or the waiver process provided for in this chapter as well as annual certified training of not less than 40 hours as the director, with the advice and consent of the council, directs.(b)A peace officer who fails to satisfactorily complete the annual training described in Subsection (4)(a) shall automatically be prohibited from exercising peace officer powers until any deficiency is made up.(c)The annual training described in Subsection (4)(a) shall include training focused on arrest control and de-escalation training.(5)(a)Beginning July 1, 2024, all peace officers who are currently employed shall participate in a training at least every three years focused on the following:(i)mental health and other crisis intervention responses;(ii)intervention responses for mental illnesses, autism spectrum disorder, and other neurological and developmental disorders; and(iii)responses to sexual traumas and investigations of sexual assault and sexual abuse in accordance with Section 53-10-908.(b)Any training in which a peace officer participates as described in Subsection (5)(a) shall count toward the peace officer's 40-hour required annual training described in Subsection (4)(a) for the year in which the peace officer participated in the training.(6)(a)The director or the director's designee, in coordination with the council, shall promulgate the standards for the trainings described in Subsection (4).(b)The chief law enforcement officer or executive officer of the peace officer's employing agency shall determine if a peace officer has complied with the standards established under Subsection (6)(a).(c)The chief law enforcement officer or executive officer of each law enforcement agency shall annually report to the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201 on peace officers' compliance with the training requirements described in Subsection (5)(a).

Section 10. Effective Date.This bill takes effect on May 6, 2026.