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H.B. 314
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6 This act modifies the Human Services Code. This act creates a new Division of Substance
7 Abuse and Mental Health within the Department of Human Services by combining the
8 Division of Substance Abuse and the Division of Mental Health. This act makes a
9 corresponding change to the policy boards associated with each division. This act makes
10 conforming changes to other statutes and makes technical changes. This act includes
11 uncodified language designating the use of any financial savings attributable to the
12 combining of the two divisions. This act provides an effective date.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 17-50-318, as renumbered and amended by Chapter 133, Laws of Utah 2000
16 17A-3-602, as last amended by Chapter 106, Laws of Utah 1999
17 17A-3-701, as last amended by Chapter 1, Laws of Utah 2000
18 26-8a-601, as last amended by Chapter 62, Laws of Utah 2000
19 26-18-3.7, as last amended by Chapter 1, Laws of Utah 2000
20 26-25-1, as last amended by Chapter 201, Laws of Utah 1996
21 26-25-2, as last amended by Chapter 201, Laws of Utah 1996
22 32A-1-401, as last amended by Chapter 341, Laws of Utah 2001
23 41-6-44, as last amended by Chapters 64, 289, 309 and 355, Laws of Utah 2001
24 51-2-1, as last amended by Chapter 254, Laws of Utah 1998
25 53-3-231, as last amended by Chapter 85, Laws of Utah 2001
26 53-10-208.1, as enacted by Chapters 218 and 303, Laws of Utah 2000
27 53-13-105, as last amended by Chapter 296, Laws of Utah 2001
28 53A-1-403, as last amended by Chapter 318, Laws of Utah 1996
29 53A-11-909, as enacted by Chapter 25, Laws of Utah 1999
30 53A-13-102, as last amended by Chapter 64, Laws of Utah 1997
31 58-17a-801, as enacted by Chapter 247, Laws of Utah 1996
32 58-31b-401, as last amended by Chapter 314, Laws of Utah 2000
33 58-67-601, as last amended by Chapter 39, Laws of Utah 1998
34 58-68-601, as enacted by Chapter 248, Laws of Utah 1996
35 58-69-601, as enacted by Chapter 116, Laws of Utah 1996
36 58-71-601, as enacted by Chapter 282, Laws of Utah 1996
37 62A-1-105, as last amended by Chapter 69, Laws of Utah 1999
38 62A-1-111, as last amended by Chapter 73, Laws of Utah 2001
39 62A-3-101, as last amended by Chapter 254, Laws of Utah 1998
40 62A-5a-102, as last amended by Chapter 179, Laws of Utah 1996
41 62A-5a-103, as last amended by Chapter 276, Laws of Utah 1997
42 62A-7-401, as last amended by Chapter 13, Laws of Utah 1998
43 62A-13-105, as enacted by Chapter 158, Laws of Utah 1994
44 62A-14-106, as enacted by Chapter 69, Laws of Utah 1999
45 63-25a-201, as last amended by Chapter 220, Laws of Utah 2001
46 63-25a-204, as last amended by Chapter 220, Laws of Utah 2001
47 63-38-2, as last amended by Chapter 376, Laws of Utah 2001
48 63-46b-1, as last amended by Chapters 21 and 141, Laws of Utah 1999
49 63-63a-7, as last amended by Chapter 156, Laws of Utah 1993
50 63-75-5, as last amended by Chapters 27 and 276, Laws of Utah 1997
51 64-13-7.5, as last amended by Chapter 224, Laws of Utah 1996
52 76-5-412, as enacted by Chapter 35, Laws of Utah 2001
53 76-8-311.1, as last amended by Chapter 97, Laws of Utah 1999
54 76-8-311.3, as last amended by Chapters 5, 97 and 197, Laws of Utah 1999
55 76-10-1312, as enacted by Chapter 179, Laws of Utah 1993
56 77-15-5, as last amended by Chapter 162, Laws of Utah 1994
57 77-15-6, as last amended by Chapter 162, Laws of Utah 1994
58 77-16a-202, as last amended by Chapter 209, Laws of Utah 2001
59 77-16a-204, as last amended by Chapter 256, Laws of Utah 2000
60 77-16a-302, as enacted by Chapter 171, Laws of Utah 1992
61 77-18-1, as last amended by Chapter 137, Laws of Utah 2001
62 78-3a-104, as last amended by Chapters 213 and 255, Laws of Utah 2001
63 78-3a-118, as last amended by Chapters 255 and 293, Laws of Utah 2001
64 78-3a-119, as last amended by Chapter 213, Laws of Utah 2001
65 78-3a-121, as renumbered and amended by Chapter 365, Laws of Utah 1997
66 78-3a-209, as enacted by Chapter 1, Laws of Utah 1996
67 78-3a-910, as enacted by Chapter 1 and last amended by Chapter 318, Laws of Utah 1996
68 ENACTS:
69 62A-15-101, Utah Code Annotated 1953
70 RENUMBERS AND AMENDS:
71 62A-15-102, (Renumbered from 62A-8-101, as last amended by Chapter 106, Laws of
72 Utah 1999)
73 62A-15-103, (Renumbered from 62A-8-103, as last amended by Chapter 106, Laws of
74 Utah 1999)
75 62A-15-104, (Renumbered from 62A-8-106, as last amended by Chapter 104, Laws of
76 Utah 1992)
77 62A-15-105, (Renumbered from 62A-8-107, as last amended by Chapter 334, Laws of
78 Utah 2000)
79 62A-15-106, (Renumbered from 62A-8-108, as last amended by Chapter 242, Laws of
80 Utah 1988)
81 62A-15-107, (Renumbered from 62A-8-104, as last amended by Chapter 106, Laws of
82 Utah 1999)
83 62A-15-108, (Renumbered from 62A-8-109, as last amended by Chapter 106, Laws of
84 Utah 1999)
85 62A-15-109, (Renumbered from 62A-8-110.1, as enacted by Chapter 106, Laws of Utah
86 1999)
87 62A-15-110, (Renumbered from 62A-8-110.5, as repealed and reenacted by Chapter 106,
88 Laws of Utah 1999)
89 62A-15-111, (Renumbered from 62A-8-110.7, as last amended by Chapter 30, Laws of
90 Utah 1992)
91 62A-15-112, (Renumbered from 62A-8-112, as last amended by Chapter 106, Laws of
92 Utah 1999)
93 62A-15-201, (Renumbered from 62A-8-201, as enacted by Chapter 1, Laws of Utah 1988)
94 62A-15-202, (Renumbered from 62A-8-202, as last amended by Chapter 1, Laws of Utah
95 1996)
96 62A-15-203, (Renumbered from 62A-8-203, as enacted by Chapter 1, Laws of Utah 1988)
97 62A-15-204, (Renumbered from 62A-8-204, as last amended by Chapters 10 and 365,
98 Laws of Utah 1997)
99 62A-15-301, (Renumbered from 62A-8-501, as enacted by Chapter 194, Laws of Utah
100 1988)
101 62A-15-401, (Renumbered from 62A-8-103.5, as last amended by Chapter 341, Laws of
102 Utah 2001)
103 62A-15-501, (Renumbered from 62A-8-301, as last amended by Chapter 76, Laws of Utah
104 1988)
105 62A-15-502, (Renumbered from 62A-8-302, as last amended by Chapter 68, Laws of Utah
106 1997)
107 62A-15-503, (Renumbered from 62A-8-303, as last amended by Chapter 76, Laws of Utah
108 1988)
109 62A-15-504, (Renumbered from 62A-8-304, as enacted by Chapter 1, Laws of Utah 1988)
110 62A-15-601, (Renumbered from 62A-12-201, as enacted by Chapter 1, Laws of Utah
111 1988)
112 62A-15-602, (Renumbered from 62A-12-202, as last amended by Chapter 285, Laws of
113 Utah 1993)
114 62A-15-603, (Renumbered from 62A-12-203, as last amended by Chapter 164, Laws of
115 Utah 1996)
116 62A-15-604, (Renumbered from 62A-12-204, as last amended by Chapter 76, Laws of
117 Utah 1990)
118 62A-15-605, (Renumbered from 62A-12-204.5, as last amended by Chapter 256, Laws of
119 Utah 2000)
120 62A-15-606, (Renumbered from 62A-12-205, as enacted by Chapter 1, Laws of Utah
121 1988)
122 62A-15-607, (Renumbered from 62A-12-206, as last amended by Chapter 258, Laws of
123 Utah 1995)
124 62A-15-608, (Renumbered from 62A-12-207, as last amended by Chapter 285, Laws of
125 Utah 1993)
126 62A-15-609, (Renumbered from 62A-12-208, as last amended by Chapter 231, Laws of
127 Utah 1992)
128 62A-15-610, (Renumbered from 62A-12-209, as last amended by Chapter 234, Laws of
129 Utah 1996)
130 62A-15-611, (Renumbered from 62A-12-209.5, as last amended by Chapter 318, Laws of
131 Utah 2000)
132 62A-15-612, (Renumbered from 62A-12-209.6, as enacted by Chapter 234, Laws of Utah
133 1996)
134 62A-15-613, (Renumbered from 62A-12-210, as last amended by Chapter 104, Laws of
135 Utah 1992)
136 62A-15-614, (Renumbered from 62A-12-212, as last amended by Chapter 161, Laws of
137 Utah 1989)
138 62A-15-615, (Renumbered from 62A-12-214, as last amended by Chapter 285, Laws of
139 Utah 1993)
140 62A-15-616, (Renumbered from 62A-12-215, as last amended by Chapter 12, Laws of
141 Utah 1994)
142 62A-15-617, (Renumbered from 62A-12-216, as enacted by Chapter 1, Laws of Utah
143 1988)
144 62A-15-618, (Renumbered from 62A-12-217, as last amended by Chapter 227, Laws of
145 Utah 1993)
146 62A-15-619, (Renumbered from 62A-12-219, as enacted by Chapter 1, Laws of Utah
147 1988)
148 62A-15-620, (Renumbered from 62A-12-222, as last amended by Chapter 285, Laws of
149 Utah 1993)
150 62A-15-621, (Renumbered from 62A-12-224, as last amended by Chapter 161, Laws of
151 Utah 1989)
152 62A-15-622, (Renumbered from 62A-12-225, as last amended by Chapter 285, Laws of
153 Utah 1993)
154 62A-15-623, (Renumbered from 62A-12-226, as last amended by Chapter 1, Laws of Utah
155 1989)
156 62A-15-624, (Renumbered from 62A-12-227, as enacted by Chapter 1, Laws of Utah
157 1988)
158 62A-15-625, (Renumbered from 62A-12-228, as last amended by Chapters 20 and 352,
159 Laws of Utah 1995)
160 62A-15-626, (Renumbered from 62A-12-229, as last amended by Chapter 365, Laws of
161 Utah 1997)
162 62A-15-627, (Renumbered from 62A-12-230, as last amended by Chapter 285, Laws of
163 Utah 1993)
164 62A-15-628, (Renumbered from 62A-12-231, as last amended by Chapter 285, Laws of
165 Utah 1993)
166 62A-15-629, (Renumbered from 62A-12-232, as last amended by Chapter 141, Laws of
167 Utah 1999)
168 62A-15-630, (Renumbered from 62A-12-233, as enacted by Chapter 151, Laws of Utah
169 1991)
170 62A-15-631, (Renumbered from 62A-12-234, as last amended by Chapter 285, Laws of
171 Utah 1993)
172 62A-15-632, (Renumbered from 62A-12-235, as last amended by Chapter 285, Laws of
173 Utah 1993)
174 62A-15-633, (Renumbered from 62A-12-236, as last amended by Chapter 161, Laws of
175 Utah 1989)
176 62A-15-634, (Renumbered from 62A-12-237, as last amended by Chapter 285, Laws of
177 Utah 1993)
178 62A-15-635, (Renumbered from 62A-12-238, as last amended by Chapter 285, Laws of
179 Utah 1993)
180 62A-15-636, (Renumbered from 62A-12-240, as last amended by Chapter 285, Laws of
181 Utah 1993)
182 62A-15-637, (Renumbered from 62A-12-241, as last amended by Chapter 285, Laws of
183 Utah 1993)
184 62A-15-638, (Renumbered from 62A-12-242, as last amended by Chapter 227, Laws of
185 Utah 1993)
186 62A-15-639, (Renumbered from 62A-12-243, as enacted by Chapter 1, Laws of Utah
187 1988)
188 62A-15-640, (Renumbered from 62A-12-244, as last amended by Chapter 161, Laws of
189 Utah 1989)
190 62A-15-641, (Renumbered from 62A-12-245, as last amended by Chapter 285, Laws of
191 Utah 1993)
192 62A-15-642, (Renumbered from 62A-12-246, as enacted by Chapter 1, Laws of Utah
193 1988)
194 62A-15-643, (Renumbered from 62A-12-247, as last amended by Chapters 218 and 303,
195 Laws of Utah 2000)
196 62A-15-644, (Renumbered from 62A-12-248, as last amended by Chapter 285, Laws of
197 Utah 1993)
198 62A-15-645, (Renumbered from 62A-12-249, as enacted by Chapter 1, Laws of Utah
199 1988)
200 62A-15-646, (Renumbered from 62A-12-250, as enacted by Chapter 1, Laws of Utah
201 1988)
202 62A-15-647, (Renumbered from 62A-12-252, as enacted by Chapter 1, Laws of Utah
203 1988)
204 62A-15-701, (Renumbered from 62A-12-280.1, as enacted by Chapter 234, Laws of Utah
205 1996)
206 62A-15-702, (Renumbered from 62A-12-281.1, as enacted by Chapter 234, Laws of Utah
207 1996)
208 62A-15-703, (Renumbered from 62A-12-282.1, as last amended by Chapter 1, Laws of
209 Utah 2000)
210 62A-15-704, (Renumbered from 62A-12-283.1, as last amended by Chapter 13, Laws of
211 Utah 1998)
212 62A-15-705, (Renumbered from 62A-12-283.2, as enacted by Chapter 234, Laws of Utah
213 1996)
214 62A-15-706, (Renumbered from 62A-12-283.3, as enacted by Chapter 234, Laws of Utah
215 1996)
216 62A-15-707, (Renumbered from 62A-12-284, as enacted by Chapter 234, Laws of Utah
217 1996)
218 62A-15-708, (Renumbered from 62A-12-285, as enacted by Chapter 234, Laws of Utah
219 1996)
220 62A-15-709, (Renumbered from 62A-12-286, as enacted by Chapter 234, Laws of Utah
221 1996)
222 62A-15-710, (Renumbered from 62A-12-287, as enacted by Chapter 234, Laws of Utah
223 1996)
224 62A-15-711, (Renumbered from 62A-12-288, as enacted by Chapter 234, Laws of Utah
225 1996)
226 62A-15-712, (Renumbered from 62A-12-289, as last amended by Chapter 106, Laws of
227 Utah 1999)
228 62A-15-713, (Renumbered from 62A-12-289.1, as enacted by Chapter 106, Laws of Utah
229 1999)
230 62A-15-801, (Renumbered from 62A-12-301, as enacted by Chapter 73, Laws of Utah
231 1989)
232 62A-15-802, (Renumbered from 62A-12-302, as enacted by Chapter 73, Laws of Utah
233 1989)
234 62A-15-901, (Renumbered from 62A-12-401, as last amended by Chapter 42, Laws of
235 Utah 1994)
236 62A-15-902, (Renumbered from 62A-12-402, as last amended by Chapter 42, Laws of
237 Utah 1994)
238 62A-15-1001, (Renumbered from 62A-12-501, as enacted by Chapter 111, Laws of Utah
239 1996)
240 62A-15-1002, (Renumbered from 62A-12-502, as enacted by Chapter 111, Laws of Utah
241 1996)
242 62A-15-1003, (Renumbered from 62A-12-503, as enacted by Chapter 111, Laws of Utah
243 1996)
244 62A-15-1004, (Renumbered from 62A-12-504, as enacted by Chapter 111, Laws of Utah
245 1996)
246 REPEALS:
247 17A-3-606, as last amended by Chapter 181 and renumbered and amended by Chapter 186,
248 Laws of Utah 1990
249 17A-3-607, as last amended by Chapter 181 and renumbered and amended by Chapter 186,
250 Laws of Utah 1990
251 17A-3-610, as last amended by Chapter 181 and renumbered and amended by Chapter 186,
252 Laws of Utah 1990
253 62A-12-101, as last amended by Chapter 106, Laws of Utah 1999
254 62A-12-102, as last amended by Chapter 106, Laws of Utah 1999
255 62A-12-102.5, as last amended by Chapter 106, Laws of Utah 1999
256 62A-12-103, as last amended by Chapter 104, Laws of Utah 1992
257 62A-12-104, as last amended by Chapter 30, Laws of Utah 1992
258 62A-12-105, as last amended by Chapter 106, Laws of Utah 1999
259 This act enacts uncodified material.
260 Be it enacted by the Legislature of the state of Utah:
261 Section 1. Section 17-50-318 is amended to read:
262 17-50-318. Mental health and substance abuse services.
263 Each county shall provide mental health and substance abuse services in accordance with
264 Title 62A, Chapter [
265
266 Section 2. Section 17A-3-602 is amended to read:
267 17A-3-602. Local mental health authorities -- Responsibilities.
268 (1) All county governing bodies in this state are local mental health authorities. Within
269 legislative appropriations and county matching funds required by this section, under the policy
270 direction of the state Board of Substance Abuse and Mental Health Act and the administrative
271 direction of the Division of Substance Abuse and Mental Health within the Department of Human
272 Services, local mental health authorities shall provide mental health services to persons within
273 their respective counties. Two or more county governing bodies may join to provide mental health
274 prevention and treatment services.
275 (2) The governing bodies may establish acceptable ways of apportioning the cost of mental
276 health services. Any agreement for joint mental health services may designate the treasurer of one
277 of the participating counties as the custodian of moneys available for those joint services, and that
278 the designated treasurer, or other disbursing officer, may make payments from those moneys for
279 such purposes upon audit of the appropriate auditing officer or officers representing the
280 participating counties. The agreement may provide for:
281 (a) joint operation of services and facilities or for operation of services and facilities under
282 contract by one participating local mental health authority for other participating local mental
283 health authorities; and
284 (b) allocation of appointments of members of the mental health advisory council between
285 or among participating counties.
286 (3) (a) All county governing bodies, as local mental health authorities, are accountable to
287 the Department of Human Services, the Department of Health, and the state with regard to the use
288 of state and federal funds received from those departments for mental health services, regardless
289 of whether the services are provided by a private contract provider.
290 (b) A local mental health authority shall comply, and require compliance by its contract
291 provider, with all directives issued by the Department of Human Services and the Department of
292 Health regarding the use and expenditure of state and federal funds received from those
293 departments for the purpose of providing mental health programs and services. The Department
294 of Human Services and Department of Health shall ensure that those directives are not duplicative
295 or conflicting, and shall consult and coordinate with local mental health authorities with regard to
296 programs and services.
297 (4) Local mental health authorities shall:
298 (a) review and evaluate mental health needs and services;
299 (b) annually prepare and submit to the division a plan for mental health funding and
300 service delivery. The plan shall include services for adults, youth, and children, including, but not
301 limited to, the following:
302 (i) inpatient care and services;
303 (ii) residential care and services;
304 (iii) outpatient care and services;
305 (iv) 24-hour crisis care and services;
306 (v) psychotropic medication management;
307 (vi) psychosocial rehabilitation including vocational training and skills development;
308 (vii) case management;
309 (viii) community supports including in-home services, housing, family support services,
310 and respite services; and
311 (ix) consultation and education services, including but not limited to, case consultation,
312 collaboration with other service agencies, public education, and public information;
313 (c) establish and maintain, either directly or by contract, programs licensed under Title
314 62A, Chapter 2, Licensure of Programs and Facilities;
315 (d) appoint directly or by contract a full-time or part-time director for mental health
316 programs and prescribe his duties;
317 (e) provide input and comment on new and revised policies established by the state Board
318 of Substance Abuse and Mental Health;
319 (f) establish and require contract providers to establish administrative, clinical, personnel,
320 financial, and management policies regarding mental health services and facilities, in accordance
321 with the policies of the state Board of Substance Abuse and Mental Health[
322
323 (g) establish mechanisms allowing for direct citizen input;
324 (h) annually contract with the Division of Substance Abuse and Mental Health to provide
325 mental health programs and services in accordance with the provisions of Title 62A, Chapter [
326 15, Substance Abuse and Mental Health Act;
327 (i) comply with all applicable state and federal statutes, policies, audit requirements,
328 contract requirements, and any directives resulting from those audits and contract requirements;
329 (j) provide funding equal to at least 20% of the state funds that it receives to fund services
330 described in the plan; and
331 (k) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
332 Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts Act,
333 and Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations and Other Local
334 Entities[
335 (5) Before disbursing any public funds, local mental health authorities shall require that
336 all entities that receive any public funds from a local mental health authority agree in writing that:
337 (a) the division may examine the entity's financial records;
338 (b) the county auditor may examine and audit the entity's financial records; and
339 (c) the entity will comply with the provisions of Subsection (3)(b).
340 (6) Local mental health authorities may receive property, grants, gifts, supplies, materials,
341 contributions, and any benefit derived therefrom, for mental health services. If those gifts are
342 conditioned upon their use for a specified service or program, they shall be so used.
343 (7) (a) For purposes of this section "public funds" means the same as that term is defined
344 in Section 17A-3-603.5 .
345 (b) Nothing in this section limits or prohibits an organization exempt under Section
346 501(c)(3), Internal Revenue Code, from using public funds for any business purpose or in any
347 financial arrangement that is otherwise lawful for that organization.
348 Section 3. Section 17A-3-701 is amended to read:
349 17A-3-701. Local substance abuse authorities -- Responsibilities.
350 (1) All county governing bodies in this state are local substance abuse authorities. Within
351 legislative appropriations and county matching funds required by this section, and under the policy
352 direction of the state Board of Substance Abuse and Mental Health and the administrative direction
353 of the Division of Substance Abuse and Mental Health within the Department of Human Services,
354 local substance abuse authorities shall provide substance abuse services to residents of their
355 respective counties. Two or more county governing bodies may join to provide substance abuse
356 prevention and treatment services.
357 (2) The governing bodies may establish acceptable ways of apportioning the cost of
358 substance abuse services. Any agreement for joint substance abuse services may designate the
359 treasurer of one of the participating counties as the custodian of moneys available for those joint
360 services, and that the designated treasurer, or other disbursing officer, may make payments from
361 those moneys for such purposes upon audit of the appropriate auditing officer or officers
362 representing the participating counties. The agreement may provide for joint operation of services
363 and facilities or for operation of services and facilities under contract by one participating local
364 substance abuse authority for other participating local substance abuse authorities.
365 (3) (a) All county governing bodies, as local substance abuse authorities, are accountable
366 to the Department of Human Services, the Department of Health, and the state with regard to the
367 use of state and federal funds received from those departments for substance abuse services,
368 regardless of whether the services are provided by a private contract provider.
369 (b) A local substance abuse authority shall comply, and require compliance by its contract
370 provider, with all directives issued by the Department of Human Services and the Department of
371 Health regarding the use and expenditure of state and federal funds received from those
372 departments for the purpose of providing substance abuse programs and services. The Department
373 of Human Services and Department of Health shall ensure that those directives are not duplicative
374 or conflicting, and shall consult and coordinate with local substance abuse authorities with regard
375 to programs and services.
376 (4) Local substance abuse authorities shall:
377 (a) review and evaluate substance abuse prevention and treatment needs and services;
378 (b) annually prepare and submit a plan to the division for funding and service delivery; the
379 plan shall include, but is not limited to, primary prevention, targeted prevention, early intervention,
380 and treatment services;
381 (c) establish and maintain, either directly or by contract, programs licensed under Title
382 62A, Chapter 2, Licensure of Programs and Facilities;
383 (d) appoint directly or by contract a full or part time director for substance abuse programs,
384 and prescribe his duties;
385 (e) provide input and comment on new and revised policies established by the state Board
386 of Substance Abuse and Mental Health;
387 (f) establish and require contract providers to establish administrative, clinical, personnel,
388 financial, and management policies regarding substance abuse services and facilities, in accordance
389 with the policies of the state Board of Substance Abuse and Mental Health, and state and federal
390 law;
391 (g) establish mechanisms allowing for direct citizen input;
392 (h) annually contract with the Division of Substance Abuse and Mental Health to provide
393 substance abuse programs and services in accordance with the provisions of Title 62A, Chapter
394 [
395 (i) comply with all applicable state and federal statutes, policies, audit requirements,
396 contract requirements, and any directives resulting from those audits and contract requirements;
397 (j) promote or establish programs for the prevention of substance abuse within the
398 community setting through community-based prevention programs;
399 (k) provide funding equal to at least 20% of the state funds that it receives to fund services
400 described in the plan; and
401 (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
402 Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts Act,
403 and Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations and Other Local
404 Entities[
405 (5) Before disbursing any public funds, local substance abuse authorities shall require that
406 all entities that receive any public funds from a local substance abuse authority agree in writing
407 that:
408 (a) the division may examine the entity's financial records;
409 (b) the county auditor may examine and audit the entity's financial records; and
410 (c) the entity will comply with the provisions of Subsection (3)(b).
411 (6) Local substance abuse authorities may receive property, grants, gifts, supplies,
412 materials, contributions, and any benefit derived therefrom, for substance abuse services. If those
413 gifts are conditioned upon their use for a specified service or program, they shall be so used.
414 (7) (a) For purposes of this section "public funds" means the same as that term is defined
415 in Section 17A-3-703 .
416 (b) Nothing in this section limits or prohibits an organization exempt under Section
417 501(c)(3), Internal Revenue Code, from using public funds for any business purpose or in any
418 financial arrangement that is otherwise lawful for that organization.
419 Section 4. Section 26-8a-601 is amended to read:
420 26-8a-601. Persons and activities exempt from civil liability.
421 (1) A licensed physician, physician's assistant, or licensed registered nurse who,
422 gratuitously and in good faith, gives oral or written instructions to an individual certified under
423 Section 26-8a-302 or a person permitted to use a fully automated external defibrillator because of
424 Section 26-8a-308 is not liable for any civil damages as a result of issuing the instructions, unless
425 the instructions given were the result of gross negligence or willful misconduct.
426 (2) An individual certified under Section 26-8a-302 , during either training or after
427 certification, a licensed physician, physician's assistant, or a registered nurse who, gratuitously and
428 in good faith, provides emergency medical instructions or renders emergency medical care
429 authorized by this chapter is not liable for any civil damages as a result of any act or omission in
430 providing the emergency medical instructions or medical care, unless the act or omission is the
431 result of gross negligence or willful misconduct.
432 (3) An individual certified under Section 26-8a-302 is not subject to civil liability for
433 failure to obtain consent in rendering emergency medical services authorized by this chapter to any
434 individual who is unable to give his consent, regardless of the individual's age, where there is no
435 other person present legally authorized to consent to emergency medical care, provided that the
436 certified individual acted in good faith.
437 (4) A principal, agent, contractor, employee, or representative of an agency, organization,
438 institution, corporation, or entity of state or local government that sponsors, authorizes, supports,
439 finances, or supervises any functions of an individual certified under Section 26-8a-302 is not
440 liable for any civil damages for any act or omission in connection with such sponsorship,
441 authorization, support, finance, or supervision of the certified individual where the act or omission
442 occurs in connection with the certified individual's training or occurs outside a hospital where the
443 life of a patient is in immediate danger, unless the act or omission is inconsistent with the training
444 of the certified individual, and unless the act or omission is the result of gross negligence or willful
445 misconduct.
446 (5) A physician who gratuitously and in good faith arranges for, requests, recommends,
447 or initiates the transfer of a patient from a hospital to a critical care unit in another hospital is not
448 liable for any civil damages as a result of such transfer where:
449 (a) sound medical judgment indicates that the patient's medical condition is beyond the
450 care capability of the transferring hospital or the medical community in which that hospital is
451 located; and
452 (b) the physician has secured an agreement from the receiving facility to accept and render
453 necessary treatment to the patient.
454 (6) A person who is a registered member of the National Ski Patrol System (NSPS) or a
455 member of a ski patrol who has completed a course in winter emergency care offered by the NSPS
456 combined with CPR for medical technicians offered by the American Red Cross or American
457 Heart Association, or an equivalent course of instruction, and who in good faith renders emergency
458 care in the course of ski patrol duties is not liable for civil damages as a result of any act or
459 omission in rendering the emergency care, unless the act or omission is the result of gross
460 negligence or willful misconduct.
461 (7) An emergency medical service provider who, in good faith, transports an individual
462 against his will but at the direction of a law enforcement officer pursuant to Section [
463 62A-15-629 is not liable for civil damages for transporting the individual.
464 (8) A person who is permitted to use a fully automated external defibrillator because of
465 Section 26-8a-308 is not liable for civil damages as a result of any act or omission related to the
466 use of the defibrillator in providing emergency medical care gratuitously and in good faith to a
467 person who reasonably appears to be in cardiac arrest, unless the act or omission is the result of
468 gross negligence or wilful misconduct.
469 Section 5. Section 26-18-3.7 is amended to read:
470 26-18-3.7. Prepaid health care delivery systems.
471 (1) (a) Before July 1, 1996, the division shall submit to the Health Care Financing
472 Administration within the United States Department of Health and Human Services, an
473 amendment to the state's freedom of choice waiver. That amendment shall provide that the
474 following persons who are eligible for services under the state plan for medical assistance, who
475 reside in Salt Lake, Utah, Davis, or Weber counties, shall enroll in the recipient's choice of a health
476 care delivery system that meets the requirements of Subsection (2):
477 (i) by July 1, 1994, 40% of eligible persons;
478 (ii) by July 1, 1995, 65% of eligible persons; and
479 (iii) by July 1, 1996, 100% of eligible persons.
480 (b) The division may not enter into any agreements with mental health providers that
481 establish a prepaid capitated delivery system for mental health services that were not in existence
482 prior to July 1, 1993, until the application of the Utah Medicaid Hospital Provider Temporary
483 Assessment Act with regard to a specialty hospital as defined in Section 26-21-2 that may be
484 engaged exclusively in rendering psychiatric or other mental health treatment is repealed.
485 (c) The following are exempt from the requirements of Subsection (1)(a):
486 (i) persons who:
487 (A) receive medical assistance for the first time after July 1, 1996;
488 (B) have a mental illness, as that term is defined in Section [
489 and
490 (C) are receiving treatment for that mental illness. The division, when appropriate, shall
491 enroll these persons in a health care delivery system that meets the requirements of this section;
492 (ii) persons who are institutionalized in a facility designated by the division as a nursing
493 facility or an intermediate care facility for the mentally retarded; or
494 (iii) persons with a health condition that requires specialized medical treatment that is not
495 available from a health care delivery system that meets the requirements of this section.
496 (2) In submitting the amendment to the state's freedom of choice waiver under Subsection
497 (1), the division shall ensure that the proposed health care delivery systems have at least the
498 following characteristics, so that the system:
499 (a) is financially at risk, for a specified continuum of health care services, for a defined
500 population, and has incentives to balance the patient's need for care against the need for cost
501 control;
502 (b) follows utilization and quality controls developed by the department;
503 (c) is encouraged to promote the health of patients through primary and preventive care;
504 (d) coordinates care to avoid unnecessary duplication and services;
505 (e) conserves health care resources; and
506 (f) if permissible under the waiver, utilizes private insurance plans including health
507 maintenance organizations and other private health care delivery organizations.
508 (3) Subsection (2) does not prevent the division from contracting with other health care
509 delivery organizations if the division determines that it is advantageous to do so.
510 (4) Health care delivery systems that meet the requirements of this section may provide
511 all services otherwise available under the state plan for medical assistance, except prescribed
512 drugs.
513 (5) The division shall periodically report to the Health and Human Services Interim
514 Committee regarding the development and implementation of the amendment to the state's
515 freedom of choice waiver required under this section.
516 Section 6. Section 26-25-1 is amended to read:
517 26-25-1. Authority to provide data on treatment and condition of persons to
518 designated agencies -- Immunity from liability.
519 (1) Any person, health facility, or other organization may, without incurring liability,
520 provide the following information to the persons and entities described in Subsection (2):
521 (a) information as determined by the state registrar of vital records appointed under Title
522 26, Chapter 2, Utah Vital Statistics Act;
523 (b) interviews;
524 (c) reports;
525 (d) statements;
526 (e) memoranda; and
527 (f) other data relating to the condition and treatment of any person.
528 (2) The information described in Subsection (1) may be provided to:
529 (a) the department and local health departments;
530 (b) the Division of Substance Abuse and Mental Health within the Department of Human
531 Services;
532 (c) scientific and health care research organizations affiliated with institutions of higher
533 education;
534 (d) the Utah Medical Association or any of its allied medical societies;
535 (e) peer review committees;
536 (f) professional review organizations;
537 (g) professional societies and associations; and
538 (h) any health facility's in-house staff committee for the uses described in Subsection (3).
539 (3) The information described in Subsection (1) may be provided for the following
540 purposes:
541 (a) study, with the purpose of reducing morbidity or mortality; or
542 (b) the evaluation and improvement of hospital and health care rendered by hospitals,
543 health facilities, or health care providers.
544 (4) Any person may, without incurring liability, provide information, interviews, reports,
545 statements, memoranda, or other information relating to the ethical conduct of any health care
546 provider to peer review committees, professional societies and associations, or any in-hospital staff
547 committee to be used for purposes of intraprofessional society or association discipline.
548 (5) No liability may arise against any person or organization as a result of:
549 (a) providing information or material authorized in this section;
550 (b) releasing or publishing findings and conclusions of groups referred to in this section
551 to advance health research and health education; or
552 (c) releasing or publishing a summary of these studies in accordance with this chapter.
553 (6) As used in this chapter:
554 (a) "health care provider" has the meaning set forth in Section 78-14-3 ; and
555 (b) "health care facility" has the meaning set forth in Section 26-21-2 .
556 Section 7. Section 26-25-2 is amended to read:
557 26-25-2. Restrictions on use of data.
558 The Division of Substance Abuse and Mental Health within the Department of Human
559 Services, scientific and health care research organizations affiliated with institutions of higher
560 education, the Utah Medical Association or any of its allied medical societies, peer review
561 committees, professional review organizations, professional societies and associations, or any
562 health facility's in-house staff committee may only use or publish the material received or gathered
563 under Section 26-25-1 for the purpose of advancing medical research or medical education in the
564 interest of reducing morbidity or mortality, except that a summary of studies conducted in
565 accordance with Section 26-25-1 may be released by those groups for general publication.
566 Section 8. Section 32A-1-401 is amended to read:
567 32A-1-401. Alcohol training and education -- Revocation or suspension of licenses.
568 (1) The commission may revoke, suspend, withhold, or not renew the license of any new
569 or renewing licensee if any of the following persons, as defined in Section [
570 62A-15-401 , fail to complete the seminar required in Section [
571 (a) a person who manages operations at the premises of the licensee;
572 (b) a person who supervises the serving of alcoholic beverages to a customer for
573 consumption on the premises of the licensee; or
574 (c) a person who serves alcoholic beverages to a customer for consumption on the
575 premises of the licensee.
576 (2) A city, town, or county in which an establishment conducts its business may revoke,
577 suspend, withhold, or not renew the business license of the establishment if any person described
578 in Subsection (1) fails to complete the seminar required in Section [
579 Section 9. Section 41-6-44 is amended to read:
580 41-6-44. Driving under the influence of alcohol, drugs, or with specified or unsafe
581 blood alcohol concentration -- Measurement of blood or breath alcohol -- Criminal
582 punishment -- Arrest without warrant -- Penalties -- Suspension or revocation of license.
583 (1) As used in this section:
584 (a) "educational series" means an educational series obtained at a substance abuse program
585 that is approved by the Board of Substance Abuse and Mental Health in accordance with Section
586 [
587 (b) "prior conviction" means any conviction for a violation of:
588 (i) this section;
589 (ii) alcohol-related reckless driving under Subsections (9) and (10);
590 (iii) local ordinances similar to this section or alcohol-related reckless driving adopted in
591 compliance with Section 41-6-43 ;
592 (iv) automobile homicide under Section 76-5-207 ; or
593 (v) statutes or ordinances in effect in any other state, the United States, or any district,
594 possession, or territory of the United States which would constitute a violation of this section or
595 alcohol-related reckless driving if committed in this state, including punishments administered
596 under 10 U.S.C. Sec. 815;
597 (c) "screening and assessment" means a substance abuse addiction and dependency
598 screening and assessment obtained at a substance abuse program that is approved by the Board of
599 Substance Abuse and Mental Health in accordance with Section [
600 (d) "serious bodily injury" means bodily injury that creates or causes serious permanent
601 disfigurement, protracted loss or impairment of the function of any bodily member or organ, or
602 creates a substantial risk of death;
603 (e) "substance abuse treatment" means treatment obtained at a substance abuse program
604 that is approved by the Board of Substance Abuse and Mental Health in accordance with Section
605 [
606 (f) "substance abuse treatment program" means a state licensed substance abuse program;
607 (g) a violation of this section includes a violation under a local ordinance similar to this
608 section adopted in compliance with Section 41-6-43 ; and
609 (h) the standard of negligence is that of simple negligence, the failure to exercise that
610 degree of care that an ordinarily reasonable and prudent person exercises under like or similar
611 circumstances.
612 (2) (a) A person may not operate or be in actual physical control of a vehicle within this
613 state if the person:
614 (i) has sufficient alcohol in his body that a chemical test given within two hours of the
615 alleged operation or physical control shows that the person has a blood or breath alcohol
616 concentration of .08 grams or greater; or
617 (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and
618 any drug to a degree that renders the person incapable of safely operating a vehicle.
619 (b) The fact that a person charged with violating this section is or has been legally entitled
620 to use alcohol or a drug is not a defense against any charge of violating this section.
621 (c) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
622 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol
623 per 210 liters of breath.
624 (3) (a) A person convicted the first or second time of a violation of Subsection (2) is guilty
625 of a:
626 (i) class B misdemeanor; or
627 (ii) class A misdemeanor if the person:
628 (A) has also inflicted bodily injury upon another as a proximate result of having operated
629 the vehicle in a negligent manner;
630 (B) had a passenger under 16 years of age in the vehicle at the time of the offense; or
631 (C) was 21 years of age or older and had a passenger under 18 years of age in the vehicle
632 at the time of the offense.
633 (b) A person convicted of a violation of Subsection (2) is guilty of a third degree felony
634 if the person has also inflicted serious bodily injury upon another as a proximate result of having
635 operated the vehicle in a negligent manner.
636 (4) (a) As part of any sentence imposed the court shall, upon a first conviction, impose a
637 mandatory jail sentence of not less than 48 consecutive hours.
638 (b) The court may, as an alternative to all or part of a jail sentence, require the person to:
639 (i) work in a compensatory-service work program for not less than 24 hours; or
640 (ii) participate in home confinement through the use of electronic monitoring in
641 accordance with Subsection (13).
642 (c) In addition to the jail sentence, compensatory-service work program, or home
643 confinement, the court shall:
644 (i) order the person to participate in a screening and assessment;
645 (ii) order the person to participate in an educational series if the court does not order
646 substance abuse treatment as described under Subsection (4)(d); and
647 (iii) impose a fine of not less than $700.
648 (d) The court may order the person to obtain substance abuse treatment if the substance
649 abuse treatment program determines that substance abuse treatment is appropriate.
650 (e)(i) Except as provided in Subsection (4)(e)(ii), the court may order probation for the
651 person in accordance with Subsection (14).
652 (ii) If there is admissible evidence that the person had a blood alcohol level of .16 or
653 higher, the court shall order probation for the person in accordance with Subsection (14).
654 (5) (a) If a person is convicted under Subsection (2) within ten years of a prior conviction
655 under this section, the court shall as part of any sentence impose a mandatory jail sentence of not
656 less than 240 consecutive hours.
657 (b) The court may, as an alternative to all or part of a jail sentence, require the person to:
658 (i) work in a compensatory-service work program for not less than 240 hours; or
659 (ii) participate in home confinement through the use of electronic monitoring in
660 accordance with Subsection (13).
661 (c) In addition to the jail sentence, compensatory-service work program, or home
662 confinement, the court shall:
663 (i) order the person to participate in a screening and assessment;
664 (ii) order the person to participate in an educational series if the court does not order
665 substance abuse treatment as described under Subsection (5)(d); and
666 (iii) impose a fine of not less than $800.
667 (d) The court may order the person to obtain substance abuse treatment if the substance
668 abuse treatment program determines that substance abuse treatment is appropriate.
669 (e) The court shall order probation for the person in accordance with Subsection (14).
670 (6) (a) A conviction for a violation of Subsection (2) is a third degree felony if it is
671 committed:
672 (i) within ten years of two or more prior convictions under this section; or
673 (ii) at any time after a conviction of:
674 (A) automobile homicide under Section 76-5-207 that is committed after July 1, 2001; or
675 (B) a felony violation under this section that is committed after July 1, 2001.
676 (b) Under Subsection (3)(b) or (6)(a), if the court suspends the execution of a prison
677 sentence and places the defendant on probation the court shall impose:
678 (i) a fine of not less than $1,500; and
679 (ii) a mandatory jail sentence of not less than 1,500 hours.
680 (c) For Subsection (6)(a) or (b), the court shall impose an order requiring the person to
681 obtain a screening and assessment and substance abuse treatment at a substance abuse treatment
682 program providing intensive care or inpatient treatment and long-term closely supervised
683 follow-through after treatment for not less than 240 hours.
684 (d) In addition to the penalties required under Subsection (6)(b), the court may require the
685 person to participate in home confinement through the use of electronic monitoring in accordance
686 with Subsection (13).
687 (7) The mandatory portion of any sentence required under this section may not be
688 suspended and the convicted person is not eligible for parole or probation until any sentence
689 imposed under this section has been served. Probation or parole resulting from a conviction for
690 a violation under this section may not be terminated.
691 (8) (a) (i) The provisions in Subsections (4), (5), and (6) that require a sentencing court to
692 order a convicted person to: participate in a screening and assessment; and an educational series;
693 obtain, in the discretion of the court, substance abuse treatment; obtain, mandatorily, substance
694 abuse treatment; or do a combination of those things, apply to a conviction for a violation of
695 Section 41-6-44.6 or 41-6-45 under Subsection (9).
696 (ii) The court shall render the same order regarding screening and assessment, an
697 educational series, or substance abuse treatment in connection with a first, second, or subsequent
698 conviction under Section 41-6-44.6 or 41-6-45 under Subsection (9), as the court would render in
699 connection with applying respectively, the first, second, or subsequent conviction requirements of
700 Subsections (4), (5), and (6).
701 (b) If a person fails to complete all court ordered screening and assessment, educational
702 series, and substance abuse treatment, or fails to pay all fines and fees, including fees for restitution
703 and treatment costs, the court shall notify the Driver License Division of a failure to comply. Upon
704 receiving the notification, the division shall suspend the person's driving privilege in accordance
705 with Subsections 53-3-221 (2) and (3).
706 (9) (a) (i) When the prosecution agrees to a plea of guilty or no contest to a charge of a
707 violation of Section 41-6-45 , of an ordinance enacted under Section 41-6-43 , or of Section
708 41-6-44.6 in satisfaction of, or as a substitute for, an original charge of a violation of this section,
709 the prosecution shall state for the record a factual basis for the plea, including whether or not there
710 had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection
711 with the violation.
712 (ii) The statement is an offer of proof of the facts that shows whether there was
713 consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the
714 violation.
715 (b) The court shall advise the defendant before accepting the plea offered under this
716 Subsection (9)(b) of the consequences of a violation of Section 41-6-44.6 or of Section 41-6-45 .
717 (c) The court shall notify the Driver License Division of each conviction of Section
718 41-6-44.6 or 41-6-45 entered under this Subsection (9).
719 (10) A peace officer may, without a warrant, arrest a person for a violation of this section
720 when the officer has probable cause to believe the violation has occurred, although not in his
721 presence, and if the officer has probable cause to believe that the violation was committed by the
722 person.
723 (11) (a) The Driver License Division shall:
724 (i) suspend for 90 days the operator's license of a person convicted for the first time under
725 Subsection (2);
726 (ii) revoke for one year the license of a person convicted of any subsequent offense under
727 Subsection (2) if the violation is committed within a period of ten years from the date of the prior
728 violation; and
729 (iii) suspend or revoke the license of a person as ordered by the court under Subsection
730 (12).
731 (b) The Driver License Division shall subtract from any suspension or revocation period
732 the number of days for which a license was previously suspended under Section 53-3-223 or
733 53-3-231 , if the previous suspension was based on the same occurrence upon which the record of
734 conviction is based.
735 (12) (a) In addition to any other penalties provided in this section, a court may order the
736 operator's license of a person who is convicted of a violation of Subsection (2) to be suspended
737 or revoked for an additional period of 90 days, 180 days, one year, or two years to remove from
738 the highways those persons who have shown they are safety hazards.
739 (b) If the court suspends or revokes the person's license under this Subsection (12)(b), the
740 court shall prepare and send to the Driver License Division an order to suspend or revoke that
741 person's driving privileges for a specified period of time.
742 (13) (a) If the court orders a person to participate in home confinement through the use of
743 electronic monitoring, the electronic monitoring shall alert the appropriate corrections, probation
744 monitoring agency, law enforcement units, or contract provider of the defendant's whereabouts.
745 (b) The electronic monitoring device shall be used under conditions which require:
746 (i) the person to wear an electronic monitoring device at all times;
747 (ii) that a device be placed in the home or other specified location of the person, so that
748 the person's compliance with the court's order may be monitored; and
749 (iii) the person to pay the costs of the electronic monitoring.
750 (c) The court shall order the appropriate entity described in Subsection (13)(e) to place an
751 electronic monitoring device on the person and install electronic monitoring equipment in the
752 residence of the person or other specified location.
753 (d) The court may:
754 (i) require the person's electronic home monitoring device to include a substance abuse
755 testing instrument;
756 (ii) restrict the amount of alcohol the person may consume during the time the person is
757 subject to home confinement;
758 (iii) set specific time and location conditions that allow the person to attend school
759 educational classes, or employment and to travel directly between those activities and the person's
760 home; and
761 (iv) waive all or part of the costs associated with home confinement if the person is
762 determined to be indigent by the court.
763 (e) The electronic monitoring described in this section may either be administered directly
764 by the appropriate corrections agency, probation monitoring agency, or by contract with a private
765 provider.
766 (f) The electronic monitoring provider shall cover the costs of waivers by the court under
767 Subsection (13)(c)(iv).
768 (14) (a) If supervised probation is ordered under Section 41-6-44.6 or Subsection (4)(e)
769 or (5)(e):
770 (i) the court shall specify the period of the probation;
771 (ii) the person shall pay all of the costs of the probation; and
772 (iii) the court may order any other conditions of the probation.
773 (b) The court shall provide the probation described in this section by contract with a
774 probation monitoring agency or a private probation provider.
775 (c) The probation provider described in Subsection (14)(b) shall monitor the person's
776 compliance with all conditions of the person's sentence, conditions of probation, and court orders
777 received under this article and shall notify the court of any failure to comply with or complete that
778 sentence or those conditions or orders.
779 (d) (i) The court may waive all or part of the costs associated with probation if the person
780 is determined to be indigent by the court.
781 (ii) The probation provider described in Subsection (14)(b) shall cover the costs of waivers
782 by the court under Subsection (14)(d)(i).
783 (15) If a person is convicted of a violation of Subsection (2) and there is admissible
784 evidence that the person had a blood alcohol level of .16 or higher, then if the court does not order:
785 (a) treatment as described under Subsection (4)(d), (5)(d), or (6)(b)(iii), then the court shall
786 enter the reasons on the record; and
787 (b) the following penalties, the court shall enter the reasons on the record:
788 (i) the installation of an ignition interlock system as a condition of probation for the person
789 in accordance with Section 41-6-44.7 ; or
790 (ii) the imposition of home confinement through the use of electronic monitoring in
791 accordance with Subsection (13).
792 Section 10. Section 51-2-1 is amended to read:
793 51-2-1. Audits of political subdivisions, interlocal organizations, and other local
794 entities required.
795 (1) (a) Each of the following entities, except as exempted under Section 51-2-8 , shall cause
796 an audit to be made of its accounts by a competent certified public accountant:
797 (i) the governing board of each political subdivision;
798 (ii) the governing board of each interlocal organization having the power to tax or to
799 expend public funds;
800 (iii) the governing board of any local mental health authority established under the
801 authority of Title 62A, Chapter [
802 (iv) the governing board of any substance abuse authority established under the authority
803 of Title 62A, Chapter [
804 (v) the governing board of any area agency established under the authority of Title 62A,
805 Chapter 3, Aging and Adult Services;
806 (vi) the governing board of any nonprofit corporation that receives at least 50% of its funds
807 from federal, state, and local government entities through contracts; and
808 (vii) the governing board of any other entity established by a local governmental unit that
809 receives tax exempt status for bonding or taxing purposes.
810 (b) In municipalities organized under an optional form of municipal government, the
811 council shall cause the audit to be made.
812 (c) The audit shall be made at least annually.
813 (2) The auditors shall review the accounts of all officers of the entity having responsibility
814 for the care, management, collection, or disbursement of moneys belonging to it or appropriated
815 by law or otherwise acquired for its use or benefit.
816 (3) The audits shall:
817 (a) be performed and financial statements presented in accordance with generally accepted
818 auditing standards and accounting principles and procedures adopted by recognized authoritative
819 bodies; and
820 (b) conform to the uniform classification of accounts established or approved by the state
821 auditor or any other classification of accounts established by any federal government agency.
822 (4) If the political subdivision, interlocal organization, or other local entity receives federal
823 funding, the audits shall be performed in accordance with both federal and state auditing
824 requirements.
825 Section 11. Section 53-3-231 is amended to read:
826 53-3-231. Person under 21 may not operate vehicle with detectable alcohol in body
827 -- Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of
828 license or operating privilege -- Fees -- Judicial review -- Referral to local substance abuse
829 authority or program.
830 (1) (a) As used in this section:
831 (i) "Local substance abuse authority" has the same meaning as provided in Section
832 [
833 (ii) "Substance abuse program" means any substance abuse program licensed by the
834 Department of Human Services or the Department of Health and approved by the local substance
835 abuse authority.
836 (b) Calculations of blood, breath, or urine alcohol concentration under this section shall
837 be made in accordance with the procedures in Subsection 41-6-44 (2).
838 (2) (a) A person younger than 21 years of age may not operate or be in actual physical
839 control of a vehicle with any measurable blood, breath, or urine alcohol concentration in his body
840 as shown by a chemical test.
841 (b) (i) A person with a valid operator license who violates Subsection (2)(a), in addition
842 to any other applicable penalties arising out of the incident, shall have his operator license denied
843 or suspended as provided in Subsection (2)(b)(ii).
844 (ii) (A) For a first offense under Subsection (2)(a), the Driver License Division of the
845 Department of Public Safety shall deny the person's operator license if ordered or not challenged
846 under this section for a period of 90 days beginning on the 30th day after the date of the arrest
847 under Section 32A-12-209 .
848 (B) For a second or subsequent offense under Subsection (2)(a), within three years of a
849 prior denial or suspension, the Driver License Division shall suspend the person's operator license
850 for a period of one year beginning on the 30th day after the date of arrest.
851 (c) (i) A person who has not been issued an operator license who violates Subsection
852 (2)(a), in addition to any other penalties arising out of the incident, shall be punished as provided
853 in Subsection (2)(c)(ii).
854 (ii) For one year or until he is 17, whichever is longer, a person may not operate a vehicle
855 and the Driver License Division may not issue the person an operator license or learner's permit.
856 (3) (a) When a peace officer has reasonable grounds to believe that a person may be
857 violating or has violated Subsection (2), the peace officer may, in connection with arresting the
858 person for a violation of Section 32A-12-209 , request that the person submit to a chemical test or
859 tests to be administered in compliance with the standards under Section 41-6-44.10 .
860 (b) The peace officer shall advise a person prior to the person's submission to a chemical
861 test that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension
862 of the person's license to operate a motor vehicle or a refusal to issue a license.
863 (c) If the person submits to a chemical test and the test results indicate a blood, breath, or
864 urine alcohol content in violation of Subsection (2)(a), or if the officer makes a determination,
865 based on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), the
866 officer directing administration of the test or making the determination shall serve on the person,
867 on behalf of the Driver License Division, immediate notice of the Driver License Division's
868 intention to deny or suspend the person's license to operate a vehicle or refusal to issue a license
869 under Subsection (2).
870 (4) When the officer serves immediate notice on behalf of the Driver License Division,
871 he shall:
872 (a) take the Utah license certificate or permit, if any, of the operator;
873 (b) issue a temporary license certificate effective for only 29 days if the driver had a valid
874 operator's license; and
875 (c) supply to the operator, in a manner specified by the division, basic information
876 regarding how to obtain a prompt hearing before the Driver License Division.
877 (5) A citation issued by the officer may, if approved as to form by the Driver License
878 Division, serve also as the temporary license certificate under Subsection (4)(b).
879 (6) As a matter of procedure, the peace officer serving the notice shall send to the Driver
880 License Division within ten calendar days after the date of arrest and service of the notice:
881 (a) the person's driver license certificate, if any;
882 (b) a copy of the citation issued for the offense;
883 (c) a signed report in a manner specified by the Driver License Division indicating the
884 chemical test results, if any; and
885 (d) any other basis for the officer's determination that the person has violated Subsection
886 (2).
887 (7) (a) (i) Upon request in a manner specified by the division, the Driver License Division
888 shall grant to the person an opportunity to be heard within 29 days after the date of arrest under
889 Section 32A-12-209 .
890 (ii) The request shall be made within ten calendar days of the date of the arrest.
891 (b) A hearing, if held, shall be before the Driver License Division in the county in which
892 the arrest occurred, unless the Driver License Division and the person agree that the hearing may
893 be held in some other county.
894 (c) The hearing shall be documented and shall cover the issues of:
895 (i) whether a peace officer had reasonable grounds to believe the person was operating a
896 motor vehicle in violation of Subsection (2)(a);
897 (ii) whether the person refused to submit to the test; and
898 (iii) the test results, if any.
899 (d) In connection with a hearing the Driver License Division or its authorized agent may
900 administer oaths and may issue subpoenas for the attendance of witnesses and the production of
901 relevant books and papers and records as defined in Section 46-4-102 .
902 (e) One or more members of the Driver License Division may conduct the hearing.
903 (f) Any decision made after a hearing before any number of the members of the Driver
904 License Division is as valid as if made after a hearing before the full membership of the Driver
905 License Division.
906 (g) After the hearing, the Driver License Division shall order whether the person:
907 (i) with a valid license to operate a motor vehicle will have his license denied or not or
908 suspended or not; or
909 (ii) without a valid operator license will be refused a license under Subsection (2)(c).
910 (h) If the person for whom the hearing is held fails to appear before the Driver License
911 Division as required in the notice, the division shall order whether the person shall have his license
912 denied, suspended, or not denied or suspended, or whether an operator license will be refused or
913 not refused.
914 (8) (a) Following denial or suspension the Driver License Division shall assess against a
915 person, in addition to any fee imposed under Subsection 53-3-205 (14), a fee under Section
916 53-3-105 , which shall be paid before the person's driving privilege is reinstated, to cover
917 administrative costs. This fee shall be canceled if the person obtains an unappealed Driver License
918 Division hearing or court decision that the suspension was not proper.
919 (b) A person whose operator license has been denied, suspended, or postponed by the
920 Driver License Division under this section may file a petition within 30 days after the suspension
921 for a hearing on the matter which, if held, is governed by Section 53-3-224 .
922 (9) After reinstatement of an operator license for a first offense under this section, a report
923 authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the
924 person's operator license under this section if he has not been convicted of any other offense for
925 which the denial or suspension may be extended.
926 (10) (a) In addition to the penalties in Subsection (2), a person who violates Subsection
927 (2)(a) shall:
928 (i) obtain an assessment and recommendation for appropriate action from a substance
929 abuse program, but any associated costs shall be the person's responsibility; or
930 (ii) be referred by the Driver License Division to the local substance abuse authority for
931 an assessment and recommendation for appropriate action.
932 (b) (i) Reinstatement of the person's operator license or the right to obtain an operator
933 license is contingent upon successful completion of the action recommended by the local substance
934 abuse authority or the substance abuse program.
935 (ii) The local substance abuse authority's or the substance abuse program's recommended
936 action shall be determined by an assessment of the person's alcohol abuse and may include:
937 (A) a targeted education and prevention program;
938 (B) an early intervention program; or
939 (C) a substance abuse treatment program.
940 (iii) Successful completion of the recommended action shall be determined by standards
941 established by the Division of Substance Abuse and Mental Health.
942 (c) At the conclusion of the penalty period imposed under Subsection (2), the local
943 substance abuse authority or the substance abuse program shall notify the Driver License Division
944 of the person's status regarding completion of the recommended action.
945 (d) The local substance abuse authorities and the substance abuse programs shall cooperate
946 with the Driver License Division in:
947 (i) conducting the assessments;
948 (ii) making appropriate recommendations for action; and
949 (iii) notifying the Driver License Division about the person's status regarding completion
950 of the recommended action.
951 (e) (i) The local substance abuse authority is responsible for the cost of the assessment of
952 the person's alcohol abuse, if the assessment is conducted by the local substance abuse authority.
953 (ii) The local substance abuse authority or a substance abuse program selected by a person
954 is responsible for:
955 (A) conducting an assessment of the person's alcohol abuse; and
956 (B) for making a referral to an appropriate program on the basis of the findings of the
957 assessment.
958 (iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
959 associated with the recommended program to which the person selected or is referred.
960 (B) The costs and fees under Subsection (10)(e)(iii)(A) shall be based on a sliding scale
961 consistent with the local substance abuse authority's policies and practices regarding fees for
962 services or determined by the substance abuse program.
963 Section 12. Section 53-10-208.1 is amended to read:
964 53-10-208.1. Magistrates and court clerks to supply information.
965 Every magistrate or clerk of a court responsible for court records in this state shall, within
966 30 days of the disposition and on forms and in the manner provided by the division, furnish the
967 division with information pertaining to:
968 (1) all dispositions of criminal matters, including:
969 (a) guilty pleas;
970 (b) convictions;
971 (c) dismissals;
972 (d) acquittals;
973 (e) pleas held in abeyance;
974 (f) judgments of not guilty by reason of insanity for a violation of:
975 (i) a felony offense;
976 (ii) Title 76, Chapter 5, Offenses Against the Person; or
977 (iii) Title 76, Chapter 10, Part 5, Weapons;
978 (g) judgments of guilty and mentally ill;
979 (h) finding of mental incompetence to stand trial for a violation of:
980 (i) a felony offense;
981 (ii) Title 76, Chapter 5, Offenses Against the Person; or
982 (iii) Title 76, Chapter 10, Part 5, Weapons; or
983 (i) probations granted; and
984 (2) orders of civil commitment under the terms of Section [
985 (3) the issuance, recall, cancellation, or modification of all warrants of arrest or
986 commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78-32-4 , within
987 one day of the action and in a manner provided by the division; and
988 (4) protective orders issued after notice and hearing, pursuant to:
989 (a) Title 30, Chapter 6, Cohabitant Abuse Act; or
990 (b) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
991 Section 13. Section 53-13-105 is amended to read:
992 53-13-105. Special function officer.
993 (1) (a) "Special function officer" means a sworn and certified peace officer performing
994 specialized investigations, service of legal process, security functions, or specialized ordinance,
995 rule, or regulatory functions.
996 (b) "Special function officer" includes:
997 (i) state military police;
998 (ii) constables;
999 (iii) port-of-entry agents as defined in Section 72-1-102 ;
1000 (iv) authorized employees or agents of the Department of Transportation assigned to
1001 administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
1002 (v) school district security officers;
1003 (vi) Utah State Hospital security officers designated pursuant to Section [
1004 62A-15-603 ;
1005 (vii) Utah State Developmental Center security officers designated pursuant to Subsection
1006 62A-5-206 (9);
1007 (viii) fire arson investigators for any political subdivision of the state;
1008 (ix) ordinance enforcement officers employed by municipalities or counties may be special
1009 function officers;
1010 (x) employees of the Department of Natural Resources who have been designated to
1011 conduct supplemental enforcement functions as a collateral duty;
1012 (xi) railroad special agents deputized by a county sheriff under Section 17-30-2 , or
1013 appointed pursuant to Section 56-1-21.5 ;
1014 (xii) auxiliary officers, as described by Section 53-13-112 ;
1015 (xiii) special agents, process servers, and investigators employed by city attorneys; and
1016 (xiv) all other persons designated by statute as having special function officer authority
1017 or limited peace officer authority.
1018 (2) (a) A special function officer may exercise that spectrum of peace officer authority that
1019 has been designated by statute to the employing agency, and only while on duty, and not for the
1020 purpose of general law enforcement.
1021 (b) If the special function officer is charged with security functions respecting facilities
1022 or property, the powers may be exercised only in connection with acts occurring on the property
1023 where the officer is employed or when required for the protection of the employer's interest,
1024 property, or employees.
1025 (c) A special function officer may carry firearms only while on duty, and only if authorized
1026 and under conditions specified by the officer's employer or chief administrator.
1027 (3) (a) A special function officer may not exercise the authority of a peace officer until:
1028 (i) the officer has satisfactorily completed an approved basic training program for special
1029 function officers as provided under Subsection (4); and
1030 (ii) the chief law enforcement officer or administrator has certified this fact to the director
1031 of the division.
1032 (b) City and county constables and their deputies shall certify their completion of training
1033 to the legislative governing body of the city or county they serve.
1034 (4) (a) The agency that the special function officer serves may establish and maintain a
1035 basic special function course and in-service training programs as approved by the director of the
1036 division with the advice and consent of the council.
1037 (b) The in-service training shall consist of no fewer than 40 hours per year and may be
1038 conducted by the agency's own staff or by other agencies.
1039 Section 14. Section 53A-1-403 is amended to read:
1040 53A-1-403. Education of persons under 21 in custody of state agency --
1041 Establishment of coordinating council -- Advisory councils.
1042 (1) The State Board of Education is directly responsible for the education of all persons
1043 under the age of 21 who are:
1044 (a) in the custody of the Department of Human Services;
1045 (b) in the custody of an equivalent agency of a Native American tribe recognized by the
1046 United States Bureau of Indian Affairs and whose custodial parent or legal guardian resides within
1047 the state; or
1048 (c) being held in a juvenile detention facility.
1049 (2) Subsection (1)(b) does not apply to persons taken into custody for the primary purpose
1050 of obtaining access to education programs provided for youth in custody.
1051 (3) The board shall, where feasible, contract with school districts or other appropriate
1052 agencies to provide educational, administrative, and supportive services, but the board shall retain
1053 responsibility for the programs.
1054 (4) The Legislature shall establish and maintain separate education budget categories for
1055 youth in custody who are under the jurisdiction of the following state agencies:
1056 (a) detention centers and the Divisions of Youth Corrections and Child and Family
1057 Services;
1058 (b) the Division of Substance Abuse and Mental Health; and
1059 (c) the Division of Services for People with Disabilities.
1060 (5) (a) The Department of Human Services and the State Board of Education shall appoint
1061 a coordinating council to plan, coordinate, and recommend budget, policy, and program guidelines
1062 for the education and treatment of persons in the custody of the Division of Youth Corrections and
1063 the Division of Child and Family Services.
1064 (b) The department and board may appoint similar councils for those in the custody of the
1065 Division of Substance Abuse and Mental Health or the Division of Services for People with
1066 Disabilities.
1067 (6) A school district contracting to provide services under Subsection (3) shall establish
1068 an advisory council to plan, coordinate, and review education and treatment programs for persons
1069 held in custody in the district.
1070 Section 15. Section 53A-11-909 is amended to read:
1071 53A-11-909. Alternative middle schools -- Purpose -- Implementation of program --
1072 Components -- Report.
1073 (1) There is established an alternative middle schools program to improve the school
1074 learning climate and help ensure safety for middle school students in the state's public education
1075 system.
1076 (2) For purposes of this section, "middle school students" are students age 11 to 15.
1077 (3) Local school boards shall have overall responsibility for implementation of the
1078 program, subject to the following considerations:
1079 (a) that the FACT Council established in Title 63, Chapter 75, Families, Agencies, and
1080 Communities Together for Children and Youth At Risk Act, and a designated steering committee
1081 of persons with expertise in alternative middle school strategies shall be involved in collaborating
1082 the program with other state and local agencies that provide services to youth at risk, who are
1083 middle school students, and their families under Title 63, Chapter 75, Families, Agencies, and
1084 Communities Together for Children and Youth At Risk Act;
1085 (b) collaboration with SHOCAP, Serious Habitual Offender Comprehensive Action
1086 Program, established under Title 63, Chapter 92, Serious Habitual Offender Comprehensive Action
1087 Program (SHOCAP) Act, in those districts where SHOCAP has been implemented; and
1088 (c) recommendations for placement in the program may be made by:
1089 (i) school administrators, after exhausting regular interventions under Title 53A, Chapter
1090 11, Part 9, School Discipline and Conduct Plans;
1091 (ii) the Juvenile Court;
1092 (iii) state agencies and their local counterparts, such as the Division of Child And Family
1093 Services, the Division of Youth Corrections, the Division of Substance Abuse and Mental Health,
1094 and local interagency councils charged with implementing prevention and early intervention
1095 programs for children and youth at risk; and
1096 (iv) parents of middle school students, subject to their recommendations being channeled
1097 through one of the entities listed in Subsections (3)(c)(i), (ii), and (iii).
1098 (4) (a) The local school board or its designee shall have final approval authority over the
1099 recommendations for placement in the program made under Subsection (3)(c).
1100 (b) The final approval process shall include a screening and review process of all
1101 recommendations and include input from parents, school personnel, and representatives of
1102 agencies that are providing collaborative delivery services to the student under programs such as
1103 those described in Section 63-75-6 .
1104 (5) The alternative middle schools program shall include the following components:
1105 (a) (i) the school's location shall be as geographically close to the student's home as
1106 resources for the program allow, with preference given to a school within the student's regular
1107 school;
1108 (ii) other options may include separate classrooms within the same building, extended
1109 hours or after school hours, or off-site placement if the circumstances dictate and are what is
1110 required to meet local needs;
1111 (b) alternative schools must be established on the basis of a transitional setting structure
1112 to prepare students to return to their regular classrooms as responsible, productive students;
1113 (c) alternative middle school classrooms shall be small, with an ideal size of between 8-12
1114 students, instructed by specially trained teachers, with particular consideration given to the
1115 problems faced by rural schools in attracting and retaining qualified personnel;
1116 (d) each student placed in an alternative school must have an individualized student
1117 education and occupational plan that has been reviewed and approved by the student, the student's
1118 parent or guardian, and a representative of the school;
1119 (e) the school shall use an approach in dealing with students that is highly structured and
1120 requires substantial parental involvement;
1121 (f) its programs shall include state-approved curriculum, parent and family support
1122 services, and sufficient clinical diagnosis, assessment, counseling, and treatment services to meet
1123 the individual needs of students at the school;
1124 (g) the school shall collaborate with local law enforcement agencies to be able to utilize
1125 and expand upon the availability of resource officers; and
1126 (h) the programs as related to each student must specify the intended outcomes and results
1127 and the methods for measuring the accomplishment of results.
1128 (6) (a) The Legislature shall provide an annual appropriation to the State Board of
1129 Education to fund the alternative middle schools program established under this section.
1130 (b) (i) School districts shall apply to the state board for participation under an RFP process,
1131 developed by the board in consultation with the FACT Council or the steering committee referred
1132 to in Subsection (3)(a).
1133 (ii) The RFP process shall address the required components of an alternative middle
1134 school, collaboration with other programs and entities dealing with middle school students at risk
1135 and their families, and incentives to pool existing resources as a match for new monies
1136 appropriated under the alternative middle schools program.
1137 (7) (a) Each local school board that establishes an alternative middle school under this
1138 section shall report on the school's success annually to the State Board of Education.
1139 (b) The state board shall monitor each alternative middle school and make an annual
1140 summary report of its findings, together with recommendations to modify, continue, or expand the
1141 program, to the Legislative Education Interim Committee, the Health and Human Services Interim
1142 Committee, and the Judiciary Interim Committee prior to November 30.
1143 Section 16. Section 53A-13-102 is amended to read:
1144 53A-13-102. Instruction on the harmful effects of alcohol, tobacco, and controlled
1145 substances -- Rulemaking authority -- Assistance from the Division of Substance Abuse and
1146 Mental Health.
1147 (1) The State Board of Education shall adopt rules providing for instruction at each grade
1148 level on the harmful effects of alcohol, tobacco, and controlled substances upon the human body
1149 and society. The rules shall require but are not limited to instruction on the following:
1150 (a) teaching of skills needed to evaluate advertisements for, and media portrayal of,
1151 alcohol, tobacco, and controlled substances;
1152 (b) directing students towards healthy and productive alternatives to the use of alcohol,
1153 tobacco, and controlled substances; and
1154 (c) discouraging the use of alcohol, tobacco, and controlled substances.
1155 (2) At the request of the board, the Division of Substance Abuse and Mental Health shall
1156 cooperate with the board in developing programs to provide this instruction.
1157 (3) The board shall participate in efforts to enhance communication among community
1158 organizations and state agencies, and shall cooperate with those entities in efforts which are
1159 compatible with the purposes of this section.
1160 Section 17. Section 58-17a-801 is amended to read:
1161 58-17a-801. Mentally incompetent or incapacitated pharmacist -- Division action and
1162 procedures.
1163 (1) As used in this section:
1164 (a) "incapacitated person" has the same definition as in Section 75-1-201 ; and
1165 (b) "mentally ill" has the same definition as in Section [
1166 (2) If a court of competent jurisdiction determines a pharmacist is an incapacitated person,
1167 or that he is mentally ill and unable to safely engage in the practice of pharmacy, the director shall
1168 immediately suspend the license of the pharmacist upon the entry of the judgment of the court,
1169 without further proceedings under Title 63, Chapter 46b, Administrative Procedures Act,
1170 regardless of whether an appeal from the court's ruling is pending. The director shall promptly
1171 notify the pharmacist, in writing, of the suspension.
1172 (3) (a) If the division and a majority of the board find reasonable cause to believe a
1173 pharmacist, who is not determined judicially to be an incapacitated person or to be mentally ill,
1174 is incapable of practicing pharmacy with reasonable skill regarding the safety of patients, because
1175 of illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the
1176 board shall recommend that the director file a petition with the division, and cause the petition to
1177 be served upon the pharmacist with a notice of hearing on the sole issue of the capacity of the
1178 pharmacist to competently and safety engage in the practice of pharmacy.
1179 (b) The hearing shall be conducted under Section 58-1-109 , and Title 63, Chapter 46b,
1180 Administrative Procedures Act, except as provided in this Subsection (3) [
1181 (4) (a) Every pharmacist who accepts the privilege of being licensed under this chapter
1182 gives consent to:
1183 (i) submitting at his own expense to an immediate mental or physical examination when
1184 directed in writing by the division, with the consent of a majority of the board, to do so; and
1185 (ii) the admissibility of the reports of the examining practitioner's testimony or
1186 examination in any proceeding regarding the license of the pharmacist, and waives all objections
1187 on the ground the reports constitute a privileged communication.
1188 (b) The examination may be ordered by the division, with the consent of a majority of the
1189 board, only upon a finding of reasonable cause to believe:
1190 (i) the pharmacist is mentally ill or incapacitated or otherwise unable to practice pharmacy
1191 with reasonable skill and safety; and
1192 (ii) immediate action by the division and the board is necessary to prevent harm to the
1193 pharmacist's patients or the general public.
1194 (c) (i) Failure of a pharmacist to submit to the examination ordered under this section is
1195 a ground for the division's immediate suspension of the pharmacist's license by written order of
1196 the director.
1197 (ii) The division may enter the order of suspension without further compliance with Title
1198 63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
1199 the examination ordered under this section was due to circumstances beyond the control of the
1200 pharmacist and was not related directly to the illness or incapacity of the pharmacist.
1201 (5) (a) A pharmacist whose license is suspended under Subsection (2) or (4) has the right
1202 to a hearing to appeal the suspension within ten days after the license is suspended.
1203 (b) The hearing held under this subsection shall be conducted in accordance with Sections
1204 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
1205 continuance of the order of suspension in order to prevent harm to the pharmacist's patients or the
1206 general public.
1207 (6) A pharmacist whose license is revoked, suspended, or in any way restricted under this
1208 section may request the division and the board to consider, at reasonable intervals, evidence
1209 presented by the pharmacist, under procedures established by division rule, regarding any change
1210 in the pharmacist's condition, to determine whether:
1211 (a) he is or is not able to safely and competently engage in the practice of pharmacy; and
1212 (b) he is qualified to have his licensure to practice under this chapter restored completely
1213 or in part.
1214 Section 18. Section 58-31b-401 is amended to read:
1215 58-31b-401. Grounds for denial of licensure and disciplinary proceedings.
1216 (1) Grounds for refusal to issue a license to an applicant, for refusal to renew the license
1217 of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue
1218 a public or private reprimand to a licensee, and to issue cease and desist orders shall be in
1219 accordance with Section 58-1-401 .
1220 (2) If a court of competent jurisdiction determines a nurse is an incapacitated person as
1221 defined in Section 75-1-201 or that he is mentally ill as defined in Section [
1222 62A-15-602 , and unable to safely engage in the practice of nursing, the director shall immediately
1223 suspend the license of the nurse upon the entry of the judgment of the court, without further
1224 proceedings under Title 63, Chapter 46b, Administrative Procedures Act, regardless of whether
1225 an appeal from the court's ruling is pending. The director shall promptly notify the nurse, in
1226 writing, of the suspension.
1227 (3) (a) If the division and the majority of the board find reasonable cause to believe a
1228 nurse, who is not determined judicially to be an incapacitated person or to be mentally ill, is
1229 incapable of practicing nursing with reasonable skill regarding the safety of patients, because of
1230 illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the
1231 board shall recommend that the director file a petition with the division, and cause the petition to
1232 be served upon the nurse with a notice of hearing on the sole issue of the capacity of the nurse to
1233 competently, safely engage in the practice of nursing.
1234 (b) The hearing shall be conducted under Section 58-1-109 and Title 63, Chapter 46b,
1235 Administrative Procedures Act, except as provided in Subsection (4).
1236 (4) (a) Every nurse who accepts the privilege of being licensed under this chapter gives
1237 consent to:
1238 (i) submitting to an immediate mental or physical examination, at the nurse's expense and
1239 by a division-approved practitioner selected by the nurse, when directed in writing by the division
1240 and a majority of the board to do so; and
1241 (ii) the admissibility of the reports of the examining practitioner's testimony or
1242 examination, and waives all objections on the ground the reports constitute a privileged
1243 communication.
1244 (b) The examination may be ordered by the division, with the consent of a majority of the
1245 board, only upon a finding of reasonable cause to believe:
1246 (i) the nurse is mentally ill or incapacitated or otherwise unable to practice nursing with
1247 reasonable skill and safety; and
1248 (ii) immediate action by the division and the board is necessary to prevent harm to the
1249 nurse's patients or the general public.
1250 (c) (i) Failure of a nurse to submit to the examination ordered under this section is a
1251 ground for the division's immediate suspension of the nurse's license by written order of the
1252 director.
1253 (ii) The division may enter the order of suspension without further compliance with Title
1254 63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
1255 the examination ordered under this section was due to circumstances beyond the control of the
1256 nurse and was not related directly to the illness or incapacity of the nurse.
1257 (5) (a) A nurse whose license is suspended under Subsection (2), (3), or (4)(c) has the right
1258 to a hearing to appeal the suspension within ten days after the license is suspended.
1259 (b) The hearing held under this Subsection (5) shall be conducted in accordance with
1260 Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for
1261 the continuance of the order of suspension in order to prevent harm to the nurse's patients or the
1262 general public.
1263 (6) A nurse whose license is revoked, suspended, or in any way restricted under this
1264 section may request the division and the board to consider, at reasonable intervals, evidence
1265 presented by the nurse, under procedures established by division rule, regarding any change in the
1266 nurse's condition, to determine whether:
1267 (a) he is or is not able to safely and competently engage in the practice of nursing; and
1268 (b) he is qualified to have his license to practice under this chapter restored completely or
1269 in part.
1270 (7) Nothing in Section 63-2-206 may be construed as limiting the authority of the division
1271 to report current significant investigative information to the coordinated licensure information
1272 system for transmission to party states as required of the division by Article VII of the Nurse
1273 Licensure Compact in Section 58-31c-102 .
1274 Section 19. Section 58-67-601 is amended to read:
1275 58-67-601. Mentally incompetent or incapacitated physician.
1276 (1) As used in this section:
1277 (a) "Incapacitated person" has the same definition as in Section 75-5-303 .
1278 (b) "Mentally ill" has the same definition as in Section [
1279 (2) If a court of competent jurisdiction determines a physician is an incapacitated person
1280 or that he is mentally ill and unable to safely engage in the practice of medicine, the director shall
1281 immediately suspend the license of the physician upon the entry of the judgment of the court,
1282 without further proceedings under Title 63, Chapter 46b, Administrative Procedures Act,
1283 regardless of whether an appeal from the court's ruling is pending. The director shall promptly
1284 notify the physician, in writing, of the suspension.
1285 (3) (a) If the division and a majority of the board find reasonable cause to believe a
1286 physician, who is not determined judicially to be an incapacitated person or to be mentally ill, is
1287 incapable of practicing medicine with reasonable skill regarding the safety of patients, because of
1288 illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the
1289 board shall recommend that the director file a petition with the division, and cause the petition to
1290 be served upon the physician with a notice of hearing on the sole issue of the capacity of the
1291 physician to competently and safely engage in the practice of medicine.
1292 (b) The hearing shall be conducted under Section 58-1-109 , and Title 63, Chapter 46b,
1293 Administrative Procedures Act, except as provided in Subsection (4).
1294 (4) (a) Every physician who accepts the privilege of being licensed under this chapter gives
1295 consent to:
1296 (i) submitting at his own expense to an immediate mental or physical examination when
1297 directed in writing by the division and a majority of the board to do so; and
1298 (ii) the admissibility of the reports of the examining physician's testimony or examination,
1299 and waives all objections on the ground the reports constitute a privileged communication.
1300 (b) The examination may be ordered by the division, with the consent of a majority of the
1301 board, only upon a finding of reasonable cause to believe:
1302 (i) the physician is mentally ill or incapacitated or otherwise unable to practice medicine
1303 with reasonable skill and safety; and
1304 (ii) immediate action by the division and the board is necessary to prevent harm to the
1305 physician's patients or the general public.
1306 (c) (i) Failure of a physician to submit to the examination ordered under this section is a
1307 ground for the division's immediate suspension of the physician's license by written order of the
1308 director.
1309 (ii) The division may enter the order of suspension without further compliance with Title
1310 63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
1311 the examination ordered under this section was due to circumstances beyond the control of the
1312 physician and was not related directly to the illness or incapacity of the physician.
1313 (5) (a) A physician whose license is suspended under Subsection (2) or (3) has the right
1314 to a hearing to appeal the suspension within ten days after the license is suspended.
1315 (b) The hearing held under this subsection shall be conducted in accordance with Sections
1316 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
1317 continuance of the order of suspension in order to prevent harm to the physician's patients or the
1318 general public.
1319 (6) A physician whose license is revoked, suspended, or in any way restricted under this
1320 section may request the division and the board to consider, at reasonable intervals, evidence
1321 presented by the physician, under procedures established by division rule, regarding any change
1322 in the physician's condition, to determine whether:
1323 (a) he is or is not able to safely and competently engage in the practice of medicine; and
1324 (b) he is qualified to have his license to practice under this chapter restored completely or
1325 in part.
1326 Section 20. Section 58-68-601 is amended to read:
1327 58-68-601. Mentally incompetent or incapacitated osteopathic physician.
1328 (1) As used in this section:
1329 (a) "Incapacitated person" has the same definition as in Section 75-1-201 .
1330 (b) "Mentally ill" has the same definition as in Section [
1331 (2) If a court of competent jurisdiction determines an osteopathic physician and surgeon
1332 is an incapacitated person or that he is mentally ill and unable to safely engage in the practice of
1333 medicine, the director shall immediately suspend the license of the osteopathic physician and
1334 surgeon upon the entry of the judgment of the court, without further proceedings under Title 63,
1335 Chapter 46b, Administrative Procedures Act, regardless of whether an appeal from the court's
1336 ruling is pending. The director shall promptly notify the osteopathic physician and surgeon, in
1337 writing, of the suspension.
1338 (3) (a) If the division and a majority of the board find reasonable cause to believe an
1339 osteopathic physician and surgeon, who is not determined judicially to be an incapacitated person
1340 or to be mentally ill, is incapable of practicing osteopathic medicine with reasonable skill regarding
1341 the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any
1342 mental or physical condition, the board shall recommend that the director file a petition with the
1343 division, and cause the petition to be served upon the osteopathic physician and surgeon with a
1344 notice of hearing on the sole issue of the capacity of the osteopathic physician and surgeon to
1345 competently and safety engage in the practice of medicine.
1346 (b) The hearing shall be conducted under Section 58-1-109 , and Title 63, Chapter 46b,
1347 Administrative Procedures Act, except as provided in Subsection (4).
1348 (4) (a) Every osteopathic physician and surgeon who accepts the privilege of being
1349 licensed under this chapter gives consent to:
1350 (i) submitting at his own expense to an immediate mental or physical examination when
1351 directed in writing by the division and a majority of the board to do so; and
1352 (ii) the admissibility of the reports of the examining physician's testimony or examination,
1353 and waives all objections on the ground the reports constitute a privileged communication.
1354 (b) The examination may be ordered by the division, with the consent of a majority of the
1355 board, only upon a finding of reasonable cause to believe:
1356 (i) the osteopathic physician and surgeon is mentally ill or incapacitated or otherwise
1357 unable to practice medicine with reasonable skill and safety; and
1358 (ii) immediate action by the division and the board is necessary to prevent harm to the
1359 osteopathic physician and surgeon's patients or the general public.
1360 (c) (i) Failure of an osteopathic physician and surgeon to submit to the examination
1361 ordered under this section is a ground for the division's immediate suspension of the osteopathic
1362 physician and surgeon's license by written order of the director.
1363 (ii) The division may enter the order of suspension without further compliance with Title
1364 63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
1365 the examination ordered under this section was due to circumstances beyond the control of the
1366 osteopathic physician and surgeon and was not related directly to the illness or incapacity of the
1367 osteopathic physician and surgeon.
1368 (5) (a) An osteopathic physician and surgeon whose license is suspended under Subsection
1369 (2) or (3) has the right to a hearing to appeal the suspension within ten days after the license is
1370 suspended.
1371 (b) The hearing held under this subsection shall be conducted in accordance with Sections
1372 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
1373 continuance of the order of suspension in order to prevent harm to the osteopathic physician and
1374 surgeon's patients or the general public.
1375 (6) An osteopathic physician and surgeon whose license is revoked, suspended, or in any
1376 way restricted under this section may request the division and the board to consider, at reasonable
1377 intervals, evidence presented by the osteopathic physician and surgeon, under procedures
1378 established by division rule, regarding any change in the osteopathic physician and surgeon's
1379 condition, to determine whether:
1380 (a) he is or is not able to safely and competently engage in the practice of medicine; and
1381 (b) he is qualified to have his license to practice under this chapter restored completely or
1382 in part.
1383 Section 21. Section 58-69-601 is amended to read:
1384 58-69-601. Mentally incompetent or incapacitated dentist or dental hygienist.
1385 (1) As used in this section:
1386 (a) "Incapacitated person" has the same definition as in Section 75-1-201 .
1387 (b) "Mentally ill" has the same definition as in Section [
1388 (2) If a court of competent jurisdiction determines a dentist or dental hygienist is an
1389 incapacitated person or that he is mentally ill and unable to safely engage in the practice of
1390 dentistry or dental hygiene, the director shall immediately suspend the license of the dentist or
1391 dental hygienist upon the entry of the judgment of the court, without further proceedings under
1392 Title 63, Chapter 46b, Administrative Procedures Act, regardless of whether an appeal from the
1393 court's ruling is pending. The director shall promptly notify the dentist or dental hygienist, in
1394 writing, of the suspension.
1395 (3) (a) If the division and a majority of the board find reasonable cause to believe a dentist
1396 or dental hygienist, who is not determined judicially to be an incapacitated person or to be mentally
1397 ill, is incapable of practicing dentistry or dental hygiene with reasonable skill regarding the safety
1398 of patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or
1399 physical condition, the board shall recommend that the director file a petition with the division,
1400 and cause the petition to be served upon the dentist or dental hygienist with a notice of hearing on
1401 the sole issue of the capacity of the dentist or dental hygienist to competently and safely engage
1402 in the practice of dentistry or dental hygiene.
1403 (b) The hearing shall be conducted under Section 58-1-109 and Title 63, Chapter 46b,
1404 Administrative Procedures Act, except as provided in Subsection (4).
1405 (4) (a) Every dentist or dental hygienist who accepts the privilege of being licensed under
1406 this chapter gives consent to:
1407 (i) submitting at his own expense to an immediate mental or physical examination when
1408 directed in writing by the division and a majority of the board to do so; and
1409 (ii) the admissibility of the reports of the examining practitioner's testimony or
1410 examination, and waives all objections on the ground the reports constitute a privileged
1411 communication.
1412 (b) The examination may be ordered by the division, with the consent of a majority of the
1413 board, only upon a finding of reasonable cause to believe:
1414 (i) the dentist or dental hygienist is mentally ill or incapacitated or otherwise unable to
1415 practice dentistry or dental hygiene with reasonable skill and safety; and
1416 (ii) immediate action by the division and the board is necessary to prevent harm to the
1417 dentist's or dental hygienist's patients or the general public.
1418 (c) (i) Failure of a dentist or dental hygienist to submit to the examination ordered under
1419 this section is a ground for the division's immediate suspension of the dentist's or dental hygienist's
1420 license by written order of the director.
1421 (ii) The division may enter the order of suspension without further compliance with Title
1422 63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
1423 the examination ordered under this section was due to circumstances beyond the control of the
1424 dentist or dental hygienist and was not related directly to the illness or incapacity of the dentist or
1425 dental hygienist.
1426 (5) (a) A dentist or dental hygienist whose license is suspended under Subsection (2) or
1427 (3) has the right to a hearing to appeal the suspension within ten days after the license is
1428 suspended.
1429 (b) The hearing held under this subsection shall be conducted in accordance with Sections
1430 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
1431 continuance of the order of suspension in order to prevent harm to the dentist's or dental hygienist's
1432 patients or the general public.
1433 (6) A dentist or dental hygienist whose license is revoked, suspended, or in any way
1434 restricted under this section may request the division and the board to consider, at reasonable
1435 intervals, evidence presented by the dentist or dental hygienist, under procedures established by
1436 division rule, regarding any change in the dentist's or dental hygienist's condition, to determine
1437 whether:
1438 (a) he is or is not able to safely and competently engage in the practice of dentistry or
1439 dental hygiene; and
1440 (b) he is qualified to have his licensure to practice under this chapter restored completely
1441 or in part.
1442 Section 22. Section 58-71-601 is amended to read:
1443 58-71-601. Mentally incompetent or incapacitated naturopathic physician.
1444 (1) As used in this section:
1445 (a) "Incapacitated person" has the same definition as in Section 75-1-201 .
1446 (b) "Mentally ill" has the same definition as in Section [
1447 (2) If a court of competent jurisdiction determines a naturopathic physician is an
1448 incapacitated person or that he is mentally ill and unable to safely engage in the practice of
1449 medicine, the director shall immediately suspend the license of the naturopathic physician upon
1450 the entry of the judgment of the court, without further proceedings under Title 63, Chapter 46b,
1451 Administrative Procedures Act, regardless of whether an appeal from the court's ruling is pending.
1452 The director shall promptly notify the naturopathic physician, in writing, of the suspension.
1453 (3) (a) If the division and a majority of the board find reasonable cause to believe a
1454 naturopathic physician, who is not determined judicially to be an incapacitated person or to be
1455 mentally ill, is incapable of practicing medicine with reasonable skill regarding the safety of
1456 patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or
1457 physical condition, the board shall recommend that the director file a petition with the division,
1458 and cause the petition to be served upon the naturopathic physician with a notice of hearing on the
1459 sole issue of the capacity of the naturopathic physician to competently and safety engage in the
1460 practice of medicine.
1461 (b) The hearing shall be conducted under Section 58-1-109 , and Title 63, Chapter 46b,
1462 Administrative Procedures Act, except as provided in Subsection (4).
1463 (4) (a) Every naturopathic physician who accepts the privilege of being licensed under this
1464 chapter gives consent to:
1465 (i) submitting at his own expense to an immediate mental or physical examination when
1466 directed in writing by the division and a majority of the board to do so; and
1467 (ii) the admissibility of the reports of the examining physician's testimony or examination,
1468 and waives all objections on the ground the reports constitute a privileged communication.
1469 (b) The examination may be ordered by the division, with the consent of a majority of the
1470 board, only upon a finding of reasonable cause to believe:
1471 (i) the naturopathic physician is mentally ill or incapacitated or otherwise unable to
1472 practice medicine with reasonable skill and safety; and
1473 (ii) immediate action by the division and the board is necessary to prevent harm to the
1474 naturopathic physician's patients or the general public.
1475 (c) (i) Failure of a naturopathic physician to submit to the examination ordered under this
1476 section is a ground for the division's immediate suspension of the naturopathic physician's license
1477 by written order of the director.
1478 (ii) The division may enter the order of suspension without further compliance with Title
1479 63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
1480 the examination ordered under this section was due to circumstances beyond the control of the
1481 naturopathic physician and was not related directly to the illness or incapacity of the naturopathic
1482 physician.
1483 (5) (a) A naturopathic physician whose license is suspended under Subsection (2) or (3)
1484 has the right to a hearing to appeal the suspension within ten days after the license is suspended.
1485 (b) The hearing held under this Subsection (5) shall be conducted in accordance with
1486 Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for
1487 the continuance of the order of suspension in order to prevent harm to the naturopathic physician's
1488 patients or the general public.
1489 (6) A naturopathic physician whose license is revoked, suspended, or in any way restricted
1490 under this section may request the division and the board to consider, at reasonable intervals,
1491 evidence presented by the naturopathic physician, under procedures established by division rule,
1492 regarding any change in the naturopathic physician's condition, to determine whether:
1493 (a) he is or is not able to safely and competently engage in the practice of medicine; and
1494 (b) he is qualified to have his license to practice under this chapter restored completely or
1495 in part.
1496 Section 23. Section 62A-1-105 is amended to read:
1497 62A-1-105. Creation of boards, divisions, and offices.
1498 (1) The following policymaking boards are created within the Department of Human
1499 Services:
1500 (a) the Board of Aging and Adult Services;
1501 (b) the Board of Child and Family Services;
1502 [
1503 [
1504 [
1505 [
1506 [
1507 (2) The following divisions are created within the Department of Human Services:
1508 (a) the Division of Aging and Adult Services;
1509 (b) the Division of Child and Family Services;
1510 [
1511 [
1512 [
1513 [
1514 (3) The following offices are created within the Department of Human Services:
1515 (a) the Office of Licensing;
1516 (b) the Office of Public Guardian; and
1517 (c) the Office of Recovery Services.
1518 Section 24. Section 62A-1-111 is amended to read:
1519 62A-1-111. Department authority.
1520 The department may, in addition to all other authority and responsibility granted to it by
1521 law:
1522 (1) adopt rules, not inconsistent with law, as the department may consider necessary or
1523 desirable for providing social services to the people of this state;
1524 (2) establish and manage client trust accounts in the department's institutions and
1525 community programs, at the request of the client or his legal guardian or representative, or in
1526 accordance with federal law;
1527 (3) purchase, as authorized or required by law, services that the department is responsible
1528 to provide for legally eligible persons;
1529 (4) conduct adjudicative proceedings for clients and providers in accordance with the
1530 procedures of Title 63, Chapter 46b, Administrative Procedures Act;
1531 (5) establish eligibility standards for its programs, not inconsistent with state or federal law
1532 or regulations;
1533 (6) take necessary steps, including legal action, to recover money or the monetary value
1534 of services provided to a recipient who was not eligible;
1535 (7) set and collect fees for its services;
1536 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or
1537 limited by law;
1538 (9) acquire, manage, and dispose of any real or personal property needed or owned by the
1539 department, not inconsistent with state law;
1540 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the
1541 proceeds thereof, may be credited to the program designated by the donor, and may be used for the
1542 purposes requested by the donor, as long as the request conforms to state and federal policy; all
1543 donated funds shall be considered private, nonlapsing funds and may be invested under guidelines
1544 established by the state treasurer;
1545 (11) accept and employ volunteer labor or services; the department is authorized to
1546 reimburse volunteers for necessary expenses, when the department considers that reimbursement
1547 to be appropriate;
1548 (12) carry out the responsibility assigned in the Workforce Services Plan by the State
1549 Council on Workforce Services;
1550 (13) carry out the responsibility assigned by Section 9-4-802 with respect to coordination
1551 of services for the homeless;
1552 (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to
1553 coordination of services for students with a disability;
1554 (15) provide training and educational opportunities for its staff;
1555 (16) collect child support payments and any other monies due to the department;
1556 (17) apply the provisions of Title 78, Chapter 45, Uniform Civil Liability for Support Act,
1557 to parents whose child lives out of the home in a department licensed or certified setting;
1558 (18) establish policy and procedures in cases where the department is given custody of a
1559 minor by the juvenile court pursuant to Section 78-3a-118 ; any policy and procedures shall
1560 include:
1561 (a) designation of interagency teams for each juvenile court district in the state;
1562 (b) delineation of assessment criteria and procedures;
1563 (c) minimum requirements, and timeframes, for the development and implementation of
1564 a collaborative service plan for each minor placed in department custody; and
1565 (d) provisions for submittal of the plan and periodic progress reports to the court;
1566 (19) carry out the responsibilities assigned to it by statute; and
1567 (20) examine and audit the expenditures of any public funds provided to local substance
1568 abuse authorities, local mental health authorities, local area agencies on aging, and any person,
1569 agency, or organization that contracts with or receives funds from those authorities or agencies.
1570 Those local authorities, area agencies, and any person or entity that contracts with or receives funds
1571 from those authorities or area agencies, shall provide the department with any information the
1572 department considers necessary. The department is further authorized to issue directives resulting
1573 from any examination or audit to local authorities, area agencies, and persons or entities that
1574 contract with or receive funds from those authorities with regard to any public funds. If the
1575 department determines that it is necessary to withhold funds from a local mental health authority
1576 or local substance abuse authority based on failure to comply with state or federal law, policy, or
1577 contract provisions, it may take steps necessary to ensure continuity of services. For purposes of
1578 this Subsection (20) "public funds" means the same as that term is defined in [
1579
1580 Section 25. Section 62A-3-101 is amended to read:
1581 62A-3-101. Definitions.
1582 As used in this chapter:
1583 (1) "Adult" or "high risk adult" means a person 18 years of age or older who experiences
1584 a condition:
1585 (a) that places the person at a high risk of being unable to care for himself, as determined
1586 by assessment, because of the onset of a physical or cognitive impairment or frailty; and
1587 (b) for which the person is not eligible to receive services under Chapter 5, Services to
1588 People with Disabilities, or Chapter [
1589 (2) "Aging" and "aged" means a person 60 years of age or older.
1590 (3) "Area agency" means an area agency that provides services to the aged, high risk
1591 adults, or both within a planning and service area.
1592 (4) "Area agency on aging" means a public or private nonprofit agency or office designated
1593 by the division to operate within a planning and service area of the state to develop and implement
1594 a broad range of services for the aged in that area.
1595 (5) "Area agency on high risk adults" means a public or private nonprofit agency or office
1596 designated by the division to operate within a planning and service area of the state to develop and
1597 implement services for high risk adults in that area.
1598 (6) "Board" means the Board of Aging and Adult Services.
1599 (7) "Director" means the director of the Division of Aging and Adult Services.
1600 (8) "Division" means the Division of Aging and Adult Services within the department.
1601 (9) "Planning and service area" means a geographical area of the state designated by the
1602 division for purposes of planning, development, delivery, and overall administration of services
1603 for the aged or high risk adults.
1604 Section 26. Section 62A-5a-102 is amended to read:
1605 62A-5a-102. Definitions.
1606 As used in this chapter:
1607 (1) "Council" means the Coordinating Council for Persons with Disabilities.
1608 (2) "State agencies" means:
1609 (a) the Division of Services for People with Disabilities and the Division of Substance
1610 Abuse and Mental Health, within the Department of Human Services;
1611 (b) the Division of Health Care Financing within the Department of Health;
1612 (c) family health services programs established under Title 26, Chapter 10, Family Health
1613 Services, operated by the Department of Health;
1614 (d) the Utah State Office of Rehabilitation; and
1615 (e) special education programs operated by the State Office of Education and local school
1616 districts under Title 53A, Chapter 15, Part 3, Education of Children with Disabilities.
1617 Section 27. Section 62A-5a-103 is amended to read:
1618 62A-5a-103. Coordinating Council for Persons with Disabilities -- Creation --
1619 Membership -- Expenses.
1620 (1) There is created the Coordinating Council for Persons with Disabilities.
1621 (2) The council shall consist of:
1622 (a) the director of the Division of Services for People with Disabilities within the
1623 Department of Human Services, or his designee;
1624 (b) the director of family health services programs, appointed under Section 26-10-3 , or
1625 his designee;
1626 (c) the executive director of the Utah State Office of Rehabilitation, or his designee;
1627 (d) the state director of special education, or his designee;
1628 (e) the director of the Division of Health Care Financing within the Department of Health,
1629 or his designee;
1630 (f) the director of the Division of Substance Abuse and Mental Health within the
1631 Department of Human Services, or his designee;
1632 (g) the superintendent of Schools for the Deaf and Blind, or his designee; and
1633 (h) a person with a disability, a family member of a person with a disability, or an advocate
1634 for persons with disabilities, appointed by the members listed in Subsections (2)(a) through (g).
1635 (3) (a) The council shall annually elect a chair from its membership.
1636 (b) Five members of the council are a quorum.
1637 (4) (a) State government officer and employee members who do not receive salary, per
1638 diem, or expenses from their agency for their service may receive per diem and expenses incurred
1639 in the performance of their official duties from the council at the rates established by the Division
1640 of Finance under Sections 63A-3-106 and 63A-3-107 .
1641 (b) State government officer and employee members may decline to receive per diem and
1642 expenses for their service.
1643 Section 28. Section 62A-7-401 is amended to read:
1644 62A-7-401. Juvenile Sex Offender Authority -- Purpose -- Duties -- Members -- Staff
1645 specialists.
1646 (1) There is established the Utah State Juvenile Sex Offender Authority within the
1647 Department of Human Services, Division of Youth Corrections.
1648 (2) The purpose of the authority is to supervise and coordinate the efforts of law
1649 enforcement, the Divisions of Youth Corrections, Substance Abuse and Mental Health, Child and
1650 Family Services, and Services for People with Disabilities, the State Office of Education, the
1651 Juvenile Court, prosecution, and juvenile sex offender intervention and treatment specialists.
1652 (3) The authority shall:
1653 (a) coordinate and develop effective and cost-effective programs for the treatment of
1654 juveniles who sexually offend;
1655 (b) administer the development of a comprehensive continuum of juvenile sex offender
1656 services;
1657 (c) administer the development of programs to protect the communities from juvenile sex
1658 offending and offenders; and
1659 (d) by June 30, 2000, implement fully the comprehensive and detailed plan which shall
1660 include provisions for the type of services by levels of intensity, agency responsibility for services,
1661 and professional qualifications for persons delivering the services. The plan shall also include
1662 detailed outcome measures to determine program effectiveness.
1663 (4) The authority shall be comprised of:
1664 (a) the director of the Division of Youth Corrections or a designee;
1665 (b) the director of the Division of Substance Abuse and Mental Health or a designee;
1666 (c) the director of the Division of Child and Family Services or a designee;
1667 (d) the director of the Division of Services for People with Disabilities or a designee;
1668 (e) the State Superintendent of Public Instruction;
1669 (f) the juvenile court administrator or a designee;
1670 (g) a representative of the Statewide Association of Public Attorneys as designated by its
1671 director;
1672 (h) a representative of the Utah Sheriffs Association as designated by its president;
1673 (i) a representative of the Utah Police Chiefs Association as designated by its president;
1674 (j) a citizen appointed by the governor;
1675 (k) a representative of the Utah Network on Juveniles Offending Sexually (NOJOS) as
1676 designated by its director; and
1677 (l) the attorney general or a designee.
1678 (5) Staff to the authority shall be the staff specialists of the statewide juvenile sex offender
1679 supervision and treatment unit.
1680 Section 29. Section 62A-13-105 is amended to read:
1681 62A-13-105. Department duties and powers.
1682 (1) The department shall administer this chapter within the Division of Substance Abuse
1683 and Mental Health, created in Section [
1684 committee.
1685 (2) The department may accept gifts, grants, loans, and other aid or funds from any person,
1686 association, foundation, trust, corporation, governmental agency, or other entity for the purposes
1687 set forth in this chapter.
1688 Section 30. Section 62A-14-106 is amended to read:
1689 62A-14-106. Board of Public Guardian Services.
1690 (1) The Board of Public Guardian Services, created in accordance with this section and
1691 Section 62A-1-105 , is responsible for establishing the policy of the office in accordance with this
1692 chapter and seeing that the legislative purposes for the office are carried out.
1693 (2) The executive director shall appoint nine members to the Board of Public Guardian
1694 Services, as follows:
1695 (a) a member of the Board of Aging and Adult Services;
1696 (b) a member of the Board of Services for Persons with Disabilities;
1697 (c) a member of the Board of Substance Abuse and Mental Health;
1698 (d) a representative of the long-term care industry;
1699 (e) a representative of the hospital industry;
1700 (f) a representative of persons with disabilities;
1701 (g) a representative of senior citizens;
1702 (h) a physician; and
1703 (i) an attorney with experience in guardianship and conservatorship law.
1704 (3) (a) Except as provided in Subsection (3)(b), each member shall be appointed for a
1705 four-year term and eligible for one reappointment.
1706 (b) Notwithstanding Subsection (3)(a), the executive director shall, at the time of
1707 appointment or reappointment, adjust the length of terms to ensure that the terms of board
1708 members are staggered so that approximately half of the board is appointed every two years, taking
1709 into account the remaining term of board members who serve on other department boards.
1710 (c) A board member shall continue in office until the expiration of the member's term and
1711 until a successor is appointed, which may not exceed 90 days after the formal expiration of the
1712 term.
1713 (d) When a vacancy occurs in membership for any reason, the replacement shall be
1714 appointed for the unexpired term.
1715 (e) The make up of the board should reflect political and geographic diversity.
1716 (4) The board shall annually elect a chairperson from its membership. The board shall
1717 hold meetings at least once every three months. Meetings shall be held from time to time on the
1718 call of the chairperson or a majority of the board members. Five board members are necessary to
1719 constitute a quorum at any meeting and, if a quorum exists, the action of a majority of members
1720 present shall be the action of the board.
1721 (5) (a) Board members who are not government employees may not receive compensation
1722 or benefits for their services, but may receive per diem and expenses incurred in the performance
1723 of their official duties at rates established by the Division of Finance under Sections 63A-3-106
1724 and 63A-3-107 .
1725 (b) Members of the board may decline to receive per diem expenses for their services.
1726 (6) The board shall:
1727 (a) establish program policy for the office;
1728 (b) establish a mechanism for systematic and regular review of existing policy and for
1729 consideration of policy changes; and
1730 (c) set fees for the office, excluding attorneys fees, in accordance with Section 63-38-3.2 .
1731 Section 31. Section 62A-15-101 is enacted to read:
1732
1734
1735 62A-15-101. Title.
1736 (1) This chapter is known as the "Substance Abuse and Mental Health Act."
1737 (2) This part is known as the "Division and Board of Substance Abuse and Mental Health."
1738 Section 32. Section 62A-15-102 , which is renumbered from Section 62A-8-101 is
1739 renumbered and amended to read:
1740 [
1741 As used in this chapter:
1742 (1) "Board" means the Board of Substance Abuse and Mental Health established in
1743 accordance with [
1744 (2) "Director" means the director of the Division of Substance Abuse and Mental Health.
1745 (3) "Division" means the Division of Substance Abuse and Mental Health established in
1746 Section [
1747 (4) "Local mental health authority" means a county legislative body.
1748 [
1749 [
1750 Services or the Department of Health, and state monies appropriated by the Legislature to the
1751 Department of Human Services, the Department of Health, a county governing body, or a local
1752 substance abuse authority, or a local mental health authority for the purposes of providing
1753 substance abuse or mental health programs or services. "Public funds" includes those federal and
1754 state monies that have been transferred by a local substance abuse authority or a local mental
1755 health authority to a private provider under an annual or otherwise ongoing contract to provide
1756 comprehensive substance abuse or mental health programs or services for the local substance abuse
1757 authority or local mental health authority. Those monies maintain the nature of "public funds"
1758 while in the possession of the private entity that has an annual or otherwise ongoing contract with
1759 a local substance abuse authority or a local mental health authority to provide comprehensive
1760 substance abuse or mental health programs or services for the local substance abuse authority or
1761 local mental health authority.
1762 (b) This definition of "public funds" does not limit or prohibit an organization exempt
1763 under Section 501(c)(3), Internal Revenue Code, from using public funds for any business purpose
1764 or in any financial arrangement that is otherwise lawful for that organization.
1765 (7) "Severe mental disorder" means schizophrenia, major depression, bipolar disorders,
1766 delusional disorders, psychotic disorders, and other mental disorders as defined by the board.
1767 Section 33. Section 62A-15-103 , which is renumbered from Section 62A-8-103 is
1768 renumbered and amended to read:
1769 [
1770 (1) There is created the Division of Substance Abuse and Mental Health within the
1771 department, under the administration and general supervision of the executive director, and, with
1772 regard to its programs, under the policy direction of the board. The division is the substance abuse
1773 authority and the mental health authority for this state.
1774 (2) The division shall:
1775 (a) (i) educate the general public regarding the nature and consequences of substance abuse
1776 by promoting school and community-based prevention programs;
1777 [
1778 substance abuse education programs aimed at prevention of substance abuse;
1779 [
1780 community setting through community-based prevention programs;
1781 [
1782
1783
1784 [
1785 [
1786 substance abusers, by providing them with essential materials for furthering programs of
1787 prevention and rehabilitation of actual and potential substance abusers; and
1788 [
1789
1790 [
1791
1792 [
1793
1794 [
1795 educate persons convicted of driving under the influence of alcohol or drugs or driving with any
1796 measurable controlled substance in the body;
1797 (b) (i) collect and disseminate information pertaining to mental health; and
1798 (ii) provide direction over the state hospital including approval of its budget,
1799 administrative policy, and coordination of services with local service plans; and
1800 (c) (i) consult and coordinate with local substance abuse authorities and local mental health
1801 authorities regarding programs and services;
1802 (ii) provide consultation and other assistance to public and private agencies and groups
1803 working on substance abuse and mental health issues;
1804 (iii) promote and establish cooperative relationships with courts, hospitals, clinics, medical
1805 and social agencies, public health authorities, law enforcement agencies, education and research
1806 organizations, and other related groups;
1807 (iv) promote or conduct research on substance abuse and mental health issues, and submit
1808 to the governor and the Legislature recommendations for changes in policy and legislation;
1809 (v) receive, distribute, and provide direction over public funds for substance abuse and
1810 mental health services;
1811 [
1812 local mental health authorities;
1813 [
1814 [
1815 [
1816 (B) local mental health authorities; and
1817 [
1818 otherwise ongoing contract to provide comprehensive substance abuse or mental health programs
1819 or services for the local substance abuse authority or local mental health authorities;
1820 [
1821 to provide a comprehensive continuum of services in accordance with board and division policy,
1822 contract provisions, and the local plan;
1823 [
1824 services according to board and division policy;
1825 [
1826 mental health authority's plan in order to [
1827 [
1828 (B) a statewide comprehensive continuum of mental health services; and
1829 [
1830 [
1831 authority's contract with its provider of substance abuse programs and services [
1832 local mental health authority's contract with its provider of mental health programs and services
1833 to ensure compliance with state and federal law and policy;
1834 [
1835 contract requirements; and
1836 [
1837 authorities, and public and private providers for contract noncompliance, failure to comply with
1838 division directives regarding the use of public funds, or for misuse of public funds or monies.
1839 (3) (a) The division may refuse to contract with and may pursue its legal remedies against
1840 any local substance abuse authority or local mental health authority that fails, or has failed, to
1841 expend public funds in accordance with state law, division policy, contract provisions, or directives
1842 issued in accordance with state law.
1843 (b) The division may withhold funds from a local substance abuse authority or local mental
1844 health authority if the authority's contract with its provider of substance abuse or mental health
1845 programs or services fails to comply with state and federal law or policy.
1846 (4) Before reissuing or renewing a contract with any local substance abuse authority or
1847 local mental health authority, the division shall review and determine whether the local substance
1848 abuse authority or local mental health authority is complying with its oversight and management
1849 responsibilities described in Sections 17A-3-601 , 17A-3-603.5 , 17A-3-701 and 17A-3-703 .
1850 Nothing in this Subsection (4) may be used as a defense to the responsibility and liability described
1851 in Section 17A-3-603.5 and to the responsibility and liability described in Section 17A-3-703 .
1852 (5) In carrying out its duties and responsibilities, the division may not duplicate treatment
1853 or educational facilities that exist in other divisions or departments of the state, but shall work in
1854 conjunction with those divisions and departments in rendering the treatment or educational
1855 services that those divisions and departments are competent and able to provide.
1856 (6) (a) The division may accept in the name of and on behalf of the state donations, gifts,
1857 devises, or bequests of real or personal property or services to be used as specified by the donor.
1858 (b) Those donations, gifts, devises, or bequests shall be used by the division in performing
1859 its powers and duties. Any money so obtained shall be considered private nonlapsing funds and
1860 shall be deposited into an interest-bearing expendable trust fund to be used by the division for
1861 substance abuse or mental health services. The state treasurer may invest the fund and all interest
1862 shall remain with the fund.
1863 (7) The division shall annually review with each local substance abuse authority and each
1864 local mental health authority the authority's statutory and contract responsibilities regarding:
1865 (a) the use of public funds;
1866 (b) oversight responsibilities regarding public funds; and
1867 (c) governance of substance abuse and mental health programs and services.
1868 Section 34. Section 62A-15-104 , which is renumbered from Section 62A-8-106 is
1869 renumbered and amended to read:
1870 [
1871 (1) The director of the division shall be appointed by the executive director with the
1872 concurrence of the board.
1873 (2) The director shall have a bachelor's degree from an accredited university or college,
1874 be experienced in administration, and be knowledgeable in matters concerning substance abuse
1875 and mental health.
1876 (3) The director is the administrative head of the division.
1877 Section 35. Section 62A-15-105 , which is renumbered from Section 62A-8-107 is
1878 renumbered and amended to read:
1879 [
1880 The board is the policymaking body for the division and for programs funded with state
1881 and federal moneys under Sections 17A-3-602 , 17A-3-606 , 17A-3-701 , and [
1882 62A-15-110 . The board [
1883 (1) in establishing policy, [
1884 authorities, local mental health authorities, consumers, providers, advocates, division staff, and
1885 other interested parties as determined by the board;
1886 (2) [
1887 local mental health authorities;
1888 (3) [
1889 substance abuse authorities and local mental health authorities are given opportunity to comment
1890 and provide input on any new policy of the board or proposed changes in existing policy of the
1891 board;
1892 (4) [
1893 consideration of policy changes that are proposed by local substance abuse authorities or local
1894 mental health authorities;
1895 (5) [
1896 (6) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make
1897 rules approving the form and content of substance abuse treatment, educational series, and
1898 screening and assessment that are described in Section 41-6-44 .
1899 Section 36. Section 62A-15-106 , which is renumbered from Section 62A-8-108 is
1900 renumbered and amended to read:
1901 [
1902 [
1903 The board shall include the following four members:
1904 (1) a registered pharmacist licensed to practice in this state[
1905
1906 (2) a physician licensed to practice medicine in this state[
1907
1908 (3) a person recovered or recovering from substance abuse[
1909 (4) a psychiatrist licensed to practice in this state.
1910 Section 37. Section 62A-15-107 , which is renumbered from Section 62A-8-104 is
1911 renumbered and amended to read:
1912 [
1913 (1) The division may, with the approval of the Legislature, the executive director, and the
1914 board, establish fee schedules and assess fees for services rendered by the division.
1915 (2) Fees shall be charged for substance abuse and mental health treatment services, but
1916 services may not be refused to any person because of [
1917 Section 38. Section 62A-15-108 , which is renumbered from Section 62A-8-109 is
1918 renumbered and amended to read:
1919 [
1920 abuse authorities and local mental health authorities.
1921 (1) The board shall establish, by rule, [
1922 substance abuse authorities and local mental health authorities through contracts, to provide
1923 substance abuse prevention and treatment services in accordance with the provisions of this
1924 chapter and [
1925 and mental health services in accordance with the provisions of this chapter and Title 17A, Chapter
1926 3, Part 6, Local Mental Health Authorities. The formulas shall provide for allocation of funds
1927 based on need. Determination of need shall be based on population unless the board establishes,
1928 by valid and accepted data, that other defined factors are relevant and reliable indicators of need.
1929 The [
1930 services in rural areas.
1931 (2) The [
1932 federal funds appropriated by the Legislature to the division for local substance abuse authorities
1933 and local mental health authorities, but does not apply to:
1934 (a) funds that local substance abuse authorities and local mental health authorities receive
1935 from sources other than the division;
1936 (b) funds that local substance abuse authorities and local mental health authorities receive
1937 from the division to operate [
1938 jurisdictions which [
1939 (c) funds that local substance abuse authorities and local mental health authorities receive
1940 from the division to meet [
1941 areas; and
1942 (d) funds that local substance abuse authorities and local mental health authorities receive
1943 from the division for research projects.
1944 (3) Contracts with local substance abuse authorities and local mental health authorities
1945 shall provide that the division may withhold funds otherwise allocated pursuant to this section to
1946 cover the costs of audits, attorneys' fees, and other expenditures associated with reviewing the
1947 expenditure of public funds by a local substance abuse authority or its contract provider or a local
1948 mental health authority or its contract provider, if there has been an audit finding or judicial
1949 determination that public funds have been misused by the local substance abuse authority or its
1950 contract provider or the local mental health authority or its contract provider.
1951 Section 39. Section 62A-15-109 , which is renumbered from Section 62A-8-110.1 is
1952 renumbered and amended to read:
1953 [
1954 and Mental Health.
1955 (1) It is the responsibility of the division to assure that the requirements of this part are met
1956 and applied uniformly by local substance abuse authorities and local mental health authorities
1957 across the state.
1958 (2) Since it is the division's responsibility to contract with, review, approve, and oversee
1959 local substance abuse authority plans and local mental health authority plans, and to withhold
1960 funds from local substance abuse authorities, local mental health authorities, and public and private
1961 providers for contract noncompliance or misuse of public funds, the division shall:
1962 (a) require each local substance abuse authority and each local mental health authority to
1963 submit its plan to the division by May 1 of each year;
1964 (b) conduct an annual program audit and review of each local substance abuse authority
1965 in the state and its contract provider and each local mental health authority in the state, and its
1966 contract provider; and
1967 (c) provide a written report to the Health and Human Services Interim Committee on July
1968 1, 1999, and each year thereafter, and provide an oral report to that committee, as requested. That
1969 report shall provide information regarding:
1970 (i) the annual audit and review;
1971 (ii) the financial expenditures of each local substance abuse authority and its contract
1972 provider and each local mental health authority and its contract provider;
1973 (iii) the status of each local authority's and its contract provider's compliance with its plan,
1974 state statutes, and with the provisions of the contract awarded; and
1975 (iv) whether audit guidelines established pursuant to Section [
1976 and Subsection 67-3-1 (2)(o) provide the division with sufficient criteria and assurances of
1977 appropriate expenditures of public funds.
1978 (3) The annual audit and review described in Subsection (2)(b) shall, in addition to items
1979 determined by the division to be necessary and appropriate, include a review and determination
1980 regarding whether public funds allocated to local substance abuse authorities and local mental
1981 health authorities are consistent with services rendered and outcomes reported by [
1982 their contract [
1983 mental health authority is exercising sufficient oversight and control over public funds allocated
1984 for substance abuse and mental health programs and services.
1985 (4) The Legislature may refuse to appropriate funds to the division upon the division's
1986 failure to comply with the provisions of this part.
1987 Section 40. Section 62A-15-110 , which is renumbered from Section 62A-8-110.5 is
1988 renumbered and amended to read:
1989 [
1990 services -- Provisions -- Responsibilities.
1991 When the division contracts with a local substance abuse authority or a local mental health
1992 authority to provide substance abuse or mental health programs and services in accordance with
1993 the provision of this chapter and Title 17A, Chapter 3, Part 7, Local Substance Abuse Authorities,
1994 or Title 17A, Chapter 3, Part 6, Local Mental Health Authorities, it shall ensure that those contracts
1995 include at least the following provisions:
1996 (1) that an independent auditor shall conduct any audit of the local substance abuse
1997 authority or its contract provider's programs or services and any audit of the local mental health
1998 authority or its contract provider's programs or services, pursuant to the provisions of Title 51,
1999 Chapter 2;
2000 (2) in addition to the requirements described in Title 51, Chapter 2, the division:
2001 (a) shall prescribe guidelines and procedures, in accordance with those formulated by the
2002 state auditor pursuant to Section 67-3-1 , for auditing the compensation and expenses of officers,
2003 directors, and specified employees of the private contract provider, to assure the state that no
2004 personal benefit is gained from travel or other expenses; and
2005 (b) may prescribe specific items to be addressed by that audit, depending upon the
2006 particular needs or concerns relating to the local substance abuse authority, local mental health
2007 authority, or contract provider at issue;
2008 (3) the local substance abuse authority or its contract provider and the local mental health
2009 authority and its contract provider shall invite and include all funding partners in its auditor's pre-
2010 and exit conferences;
2011 (4) each member of the local substance abuse authority and each member of the local
2012 mental health authority shall annually certify that he has received and reviewed the independent
2013 audit and has participated in a formal interview with the provider's executive officers;
2014 (5) requested information and outcome data will be provided to the division in the manner
2015 and within the time lines defined by the division; and
2016 (6) all audit reports by state or county persons or entities concerning the local substance
2017 abuse authority or its contract provider, or the local mental health authority or its contract provider
2018 shall be provided to the executive director of the department, the local substance abuse authority
2019 or local mental health authority, and members of the contract provider's governing board.
2020 Section 41. Section 62A-15-111 , which is renumbered from Section 62A-8-110.7 is
2021 renumbered and amended to read:
2022 [
2023 substance abuse or mental health authority.
2024 Whenever a local substance abuse authority or local mental health authority, through its
2025 designated provider, provides any service described in [
2026 Subsection 17A-3-701 (3) to a person who resides within the jurisdiction of another local
2027 [
2028 resides is responsible for the cost of that service if its designated provider has authorized the
2029 provision of that service.
2030 Section 42. Section 62A-15-112 , which is renumbered from Section 62A-8-112 is
2031 renumbered and amended to read:
2032 [
2033 Local substance abuse authorities, local mental health authorities, and entities that contract
2034 with these authorities to provide substance abuse services or mental health services may receive
2035 funds made available by federal, state, or local health, substance abuse, mental health, education,
2036 welfare, or other agencies, in accordance with the provisions of this chapter [
2037 Chapter 3, Part 6, Local Mental Health Authorities, and Title 17A, Chapter 3, Part 7, Local
2038 Substance Abuse Authorities.
2039 Section 43. Section 62A-15-201 , which is renumbered from Section 62A-8-201 is
2040 renumbered and amended to read:
2041
2042 [
2043 This part [
2044 Act."
2045 Section 44. Section 62A-15-202 , which is renumbered from Section 62A-8-202 is
2046 renumbered and amended to read:
2047 [
2048 As used in this part:
2049 (1) "Juvenile substance abuse offender" means any juvenile found to come within the
2050 provisions of Section 78-3a-104 for a drug or alcohol related offense, as designated by the Board
2051 of Juvenile Court Judges.
2052 (2) "Local substance abuse authority" means a county legislative body designated to
2053 provide substance abuse services in accordance with Section 17A-3-701 .
2054 (3) "Teen substance abuse school" means any school established by the local substance
2055 abuse authority, in cooperation with the Board of Juvenile Court Judges, that provides an
2056 educational, interpersonal, skill-building experience for juvenile substance abuse offenders and
2057 their parents or legal guardians.
2058 Section 45. Section 62A-15-203 , which is renumbered from Section 62A-8-203 is
2059 renumbered and amended to read:
2060 [
2061 The division or a local substance abuse authority, in cooperation with the Board of Juvenile
2062 Court Judges, may establish teen substance abuse schools in the districts of the juvenile court.
2063 Section 46. Section 62A-15-204 , which is renumbered from Section 62A-8-204 is
2064 renumbered and amended to read:
2065 [
2066 Assessments.
2067 (1) In addition to any other disposition ordered by the juvenile court pursuant to Section
2068 78-3a-118 , the court may order a juvenile and his parents or legal guardians to attend a teen
2069 substance abuse school, and order payment of an assessment in addition to any other fine imposed.
2070 (2) All assessments collected shall be forwarded to the county treasurer of the county
2071 where the juvenile resides, to be used exclusively for the operation of a teen substance abuse
2072 program.
2073 Section 47. Section 62A-15-301 , which is renumbered from Section 62A-8-501 is
2074 renumbered and amended to read:
2075
2076 [
2077 facility or program -- Procedures -- Review.
2078 (1) For purposes of this [
2079 (a) "Approved treatment facility or program" means a public or private secure, inpatient
2080 facility or program that is licensed or operated by the department or by the Department of Health
2081 to provide drug or alcohol treatment or rehabilitation.
2082 (b) "Drug or alcohol addiction" means that the person has a physical or psychological
2083 dependence on drugs or alcohol in a manner not prescribed by a physician.
2084 (2) The parent or legal guardian of a minor under the age of 18 years may submit that
2085 child, without the child's consent, to an approved treatment facility or program for treatment or
2086 rehabilitation of drug or alcohol addiction, upon application to a facility or program, and after a
2087 careful diagnostic inquiry is made by a neutral and detached fact finder, in accordance with the
2088 requirements of this section.
2089 (3) The neutral fact finder who conducts the inquiry:
2090 (a) shall be either a physician, psychologist, marriage and family therapist, psychiatric and
2091 mental health nurse specialist, or social worker licensed to practice in this state, who is trained and
2092 practicing in the area of substance abuse; and
2093 (b) may not profit, financially or otherwise, from the commitment of the child and may not
2094 be employed by the proposed facility or program.
2095 (4) The review by a neutral fact finder may be conducted on the premises of the proposed
2096 treatment facility or program.
2097 (5) The inquiry conducted by the neutral fact finder shall include a private interview with
2098 the child, and an evaluation of the child's background and need for treatment.
2099 (6) The child may be committed to the approved treatment facility or program if it is
2100 determined by the neutral fact finder that:
2101 (a) the child is addicted to drugs or alcohol and because of that addiction poses a serious
2102 risk of harm to himself or others;
2103 (b) the proposed treatment or rehabilitation is in the child's best interest; and
2104 (c) there is no less restrictive alternative that would be equally as effective, from a clinical
2105 standpoint, as the proposed treatment facility or program.
2106 (7) Any approved treatment facility or program that receives a child under this section
2107 shall conduct a periodic review, at intervals not to exceed 30 days, to determine whether the
2108 criteria described in Subsection (6) continue to exist.
2109 (8) A minor committed under this section shall be released from the facility or program
2110 upon the request of his parent or legal guardian.
2111 (9) Commitment of a minor under this section terminates when the minor reaches the age
2112 of 18 years.
2113 (10) Nothing in this section requires a program or facility to accept any person for
2114 treatment or rehabilitation.
2115 (11) The parent or legal guardian who requests commitment of a minor under this section
2116 is responsible to pay any fee associated with the review required by this section and any necessary
2117 charges for commitment, treatment, or rehabilitation for a minor committed under this section.
2118 (12) The child shall be released from commitment unless the report of the neutral fact
2119 finder is submitted to the juvenile court within 72 hours of commitment and approved by the court.
2120 Section 48. Section 62A-15-401 , which is renumbered from Section 62A-8-103.5 is
2121 renumbered and amended to read:
2122
2123 [
2124 (1) As used in this [
2125 (a) "instructor" means a person that directly provides the instruction during an alcohol
2126 training and education seminar for a seminar provider;
2127 (b) "licensee" means a person who is:
2128 (i) a new or renewing licensee under Title 32A, Alcoholic Beverage Control Act; and
2129 (ii) engaged in the retail sale of alcoholic beverages for consumption on the premises of
2130 the licensee; and
2131 (c) "seminar provider" means a person other than the division who provides an alcohol
2132 training and education seminar meeting the requirements of this section.
2133 (2) (a) This section applies to a person who, as defined by the board by rule:
2134 (i) manages operations at the premises of a licensee;
2135 (ii) supervises the serving of alcoholic beverages to a customer for consumption on the
2136 premises of a licensee; or
2137 (iii) serves alcoholic beverages to a customer for consumption on the premises of a
2138 licensee.
2139 (b) A person described in Subsection (2)(a) shall:
2140 (i) complete an alcohol training and education seminar within 30 days of:
2141 (A) if the person is an employee, the day the person begins employment;
2142 (B) if the person is an independent contractor, the day the person is first hired;
2143 (C) if the person holds an ownership interest in the licensee, the day that person first
2144 engages in an activity that would result in that person being required to complete an alcohol
2145 training and education seminar; and
2146 (ii) pay a fee:
2147 (A) to the seminar provider; and
2148 (B) that is equal to or greater than the amount established under Subsection (4)(h).
2149 (c) Notwithstanding Subsection (2)(b)(i)(C), a person described in Subsection (2)(b)(i)(C)
2150 shall complete an alcohol training and education seminar by no later than July 31, 2001, if as of
2151 May 1, 2001 the person:
2152 (i) holds an ownership interest in the licensee; and
2153 (ii) has engaged in an activity that would result in that person being required to complete
2154 an alcohol training and education seminar.
2155 (3) (a) A licensee may not permit a person who is not in compliance with Subsection (2)
2156 to:
2157 (i) serve or supervise the serving of alcoholic beverages to a customer for consumption on
2158 the premises of the licensee; or
2159 (ii) engage in any activity that would constitute managing operations at the premises of a
2160 licensee.
2161 (b) A licensee that violates Subsection (3)(a), is subject to Section 32A-1-401 .
2162 (4) The division shall:
2163 (a) (i) provide alcohol training and education seminars; or
2164 (ii) certify one or more seminar providers;
2165 (b) establish the curriculum for an alcohol training and education seminar that includes the
2166 following subjects:
2167 (i) (A) alcohol as a drug; and
2168 (B) alcohol's effect on the body and behavior;
2169 (ii) recognizing the problem drinker;
2170 (iii) an overview of state alcohol laws related to responsible beverage service, as
2171 determined in consultation with the Department of Alcoholic Beverage Control;
2172 (iv) dealing with the problem customer, including ways to terminate service; and
2173 (v) alternative means of transportation to get the customer safely home;
2174 (c) recertify each seminar provider every three years;
2175 (d) monitor compliance with the curriculum described in Subsection (4)(b);
2176 (e) maintain for at least three years a record of every person who has completed an alcohol
2177 training and education seminar;
2178 (f) provide the information described in Subsection (4)(e) on request to:
2179 (i) the Department of Alcoholic Beverage Control; or
2180 (ii) law enforcement;
2181 (g) provide the Department of Alcoholic Beverage Control on request a list of any seminar
2182 provider certified by the division; and
2183 (h) establish a fee amount for each person attending an alcohol training and education
2184 seminar that is sufficient to offset the division's cost of administering this section.
2185 (5) The board shall by rule made in accordance with Title 63, Chapter 46a, Utah
2186 Administrative Rulemaking Act:
2187 (a) define what constitutes under this section a person who:
2188 (i) manages operations at the premises of a licensee;
2189 (ii) supervises the serving of alcoholic beverages to a customer for consumption on the
2190 premises of a licensee; or
2191 (iii) serves alcoholic beverages to a customer for consumption on the premises of a
2192 licensee;
2193 (b) establish criteria for certifying and recertifying a seminar provider; and
2194 (c) establish guidelines for the manner in which an instructor provides an alcohol
2195 education and training seminar.
2196 (6) A seminar provider shall:
2197 (a) obtain recertification by the division every three years;
2198 (b) ensure that an instructor used by the seminar provider:
2199 (i) follows the curriculum established under this section; and
2200 (ii) conducts an alcohol training and education seminar in accordance with the guidelines
2201 established by rule;
2202 (c) ensure that any information provided by the seminar provider or instructor of a seminar
2203 provider is consistent with:
2204 (i) the curriculum established under this section; and
2205 (ii) this section;
2206 (d) provide the division with the names of all persons who complete an alcohol training
2207 and education seminar provided by the seminar provider;
2208 (e) collect a fee for each person attending an alcohol training and education seminar in
2209 accordance with Subsection (2); and
2210 (f) forward to the division the portion of the fee that is equal to the amount described in
2211 Subsection (4)(h).
2212 (7) (a) If after a hearing conducted in accordance with Title 63, Chapter 46b,
2213 Administrative Procedures Act, the division finds that a seminar provider violates this section or
2214 that an instructor of the seminar provider violates this section, the division may:
2215 (i) suspend the certification of the seminar provider for a period not to exceed 90 days;
2216 (ii) revoke the certification of the seminar provider;
2217 (iii) require the seminar provider to take corrective action regarding an instructor; or
2218 (iv) prohibit the seminar provider from using an instructor until such time that the seminar
2219 provider establishes to the satisfaction of the division that the instructor is in compliance with
2220 Subsection (6)(b).
2221 (b) The division may certify a seminar provider whose certification is revoked:
2222 (i) no sooner than 90 days from the date the certification is revoked; and
2223 (ii) if the seminar provider establishes to the satisfaction of the division that the seminar
2224 provider will comply with this section.
2225 Section 49. Section 62A-15-501 , which is renumbered from Section 62A-8-301 is
2226 renumbered and amended to read:
2227
2228 [
2229 treatment and evaluation -- Use of victim impact panels.
2230 The Legislature finds that drivers impaired by alcohol or drugs constitute a major problem
2231 in this state and that the problem demands a comprehensive detection, intervention, education, and
2232 treatment program including emergency services, outpatient treatment, detoxification, residential
2233 care, inpatient care, diagnostic evaluation, medical and psychological care, social service care,
2234 vocational rehabilitation, and career counseling through public and private agencies. It is the
2235 policy of this state to provide those programs at the expense of persons convicted of driving while
2236 under the influence of intoxicating liquor or drugs. It is also the policy of this state to utilize
2237 victim impact panels to assist persons convicted of driving under the influence of intoxicating
2238 liquor or drugs to gain a full understanding of the severity of their offense.
2239 Section 50. Section 62A-15-502 , which is renumbered from Section 62A-8-302 is
2240 renumbered and amended to read:
2241 [
2242 (1) Courts of record and not of record may at sentencing assess against the defendant, in
2243 addition to any fine, an amount that will fully compensate agencies that treat the defendant for their
2244 costs in each case where a defendant is convicted of violating:
2245 (a) Section 41-6-44 or 41-6-44.6 ;
2246 (b) a criminal prohibition resulting from a plea bargain after an original charge of violating
2247 Section 41-6-44 ; or
2248 (c) an ordinance that complies with the requirements of Subsection 41-6-43 (1).
2249 (2) The fee assessed shall be collected by the court or an entity appointed by the court.
2250 Section 51. Section 62A-15-503 , which is renumbered from Section 62A-8-303 is
2251 renumbered and amended to read:
2252 [
2253 rehabilitation programs, including victim impact panels -- Rulemaking power granted.
2254 (1) Assessments imposed under Section [
2255 order, either:
2256 (a) be collected by the clerk of the court in which the person was convicted; or
2257 (b) be paid directly to the licensed alcohol or drug treatment program. Those assessments
2258 collected by the court shall either be:
2259 (i) forwarded to the state treasurer for credit to a special account in the General Fund,
2260 designated as the "Intoxicated Driver Rehabilitation Account"; or
2261 (ii) forwarded to a special nonlapsing account created by the county treasurer of the county
2262 in which the fee is collected.
2263 (2) Proceeds of the accounts described in Subsection (1) shall be used exclusively for the
2264 operation of licensed alcohol or drug rehabilitation programs and education, assessment,
2265 supervision, and other activities related to and supporting the rehabilitation of persons convicted
2266 of driving while under the influence of intoxicating liquor or drugs. A requirement of the
2267 rehabilitation program shall be participation with a victim impact panel or program providing a
2268 forum for victims of alcohol or drug related offenses and defendants to share experiences on the
2269 impact of alcohol or drug related incidents in their lives. The Division of Substance Abuse and
2270 Mental Health shall establish guidelines to implement victim impact panels where, in the judgment
2271 of the licensed alcohol or drug program, appropriate victims are available, and shall establish
2272 guidelines for other programs where such victims are not available.
2273 (3) None of the assessments shall be maintained for administrative costs by the division.
2274 Section 52. Section 62A-15-504 , which is renumbered from Section 62A-8-304 is
2275 renumbered and amended to read:
2276 [
2277 It is the policy of this state to provide adequate and appropriate health and social services
2278 as alternatives to incarceration for public intoxication.
2279 Section 53. Section 62A-15-601 , which is renumbered from Section 62A-12-201 is
2280 renumbered and amended to read:
2281
2282 [
2283 The Utah State Hospital is established and located in Provo, in Utah county. For purposes
2284 of this part it is referred to as the "state hospital."
2285 Section 54. Section 62A-15-602 , which is renumbered from Section 62A-12-202 is
2286 renumbered and amended to read:
2287 [
2288 As used in this [
2289 of Substance Abuse and Mental Health, Part 8, Interstate Compact on Mental Health, Part 9, Utah
2290 Forensic Mental Health Facility, and Part 10, Declaration for Mental Health Treatment:
2291 (1) "Adult" means a person 18 years of age or older.
2292 (2) "Commitment to the custody of a local mental health authority" means that an adult
2293 is committed to the custody of the local mental health authority that governs the mental health
2294 catchment area in which the proposed patient resides or is found.
2295 (3) "Designated examiner" means a licensed physician, preferably a psychiatrist,
2296 designated by the division as specially qualified by training or experience in the diagnosis of
2297 mental or related illness or another licensed mental health professional designated by the division
2298 as specially qualified by training and at least five years' continual experience in the treatment of
2299 mental or related illness. At least one designated examiner in any case shall be a licensed
2300 physician. No person who is the applicant, or who signs the certification, under Section
2301 [
2302 (4) "Designee" means a physician who has responsibility for medical functions including
2303 admission and discharge, an employee of a local mental health authority, or an employee of an
2304 agency that has contracted with a local mental health authority to provide mental health services
2305 under Section 17A-3-606 .
2306 (5) "Institution" means a hospital, or a health facility licensed under the provisions of
2307 Section 26-21-9 .
2308 (6) "Licensed physician" means an individual licensed under the laws of this state to
2309 practice medicine, or a medical officer of the United States government while in this state in the
2310 performance of official duties.
2311 (7) "Local comprehensive community mental health center" means an agency or
2312 organization that provides treatment and services to residents of a designated geographic area,
2313 operated by or under contract with a local mental health authority, in compliance with state
2314 standards for local comprehensive community mental health centers.
2315 (8) "Mental illness" means a psychiatric disorder as defined by the current edition of the
2316 Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric
2317 Association which substantially impairs a person's mental, emotional, behavioral, or related
2318 functioning.
2319 (9) "Mental health facility" means the Utah State Hospital or other facility that provides
2320 mental health services under contract with the division, a local mental health authority, or
2321 organization that contracts with a local mental health authority.
2322 (10) "Mental health officer" means an individual who is designated by a local mental
2323 health authority as qualified by training and experience in the recognition and identification of
2324 mental illness, to interact with and transport persons to any mental health facility.
2325 (11) "Patient" means an individual who has been temporarily placed in the custody of a
2326 local mental health authority, or who has been committed to a local mental health authority either
2327 voluntarily or by court order.
2328 (12) "Treatment" means psychotherapy, medication, including the administration of
2329 psychotropic medication, and other medical treatments that are generally accepted medical and
2330 psychosocial interventions for the purpose of restoring the patient to an optimal level of
2331 functioning in the least restrictive environment.
2332 Section 55. Section 62A-15-603 , which is renumbered from Section 62A-12-203 is
2333 renumbered and amended to read:
2334 [
2335 Authority.
2336 (1) The administration of the state hospital is vested in the division where it shall function
2337 and be administered as a part of the state's comprehensive mental health program and, to the fullest
2338 extent possible, shall be coordinated with local mental health authority programs. When it
2339 becomes feasible the board may direct that the hospital be decentralized and administered at the
2340 local level by being integrated with, and becoming a part of, the community mental health services.
2341 (2) The division shall succeed to all the powers, discharge all the duties, and perform all
2342 the functions, duties, rights, and responsibilities pertaining to the state hospital which by law are
2343 conferred upon it or required to be discharged or performed. However, the functions, powers,
2344 duties, rights, and responsibilities of the division and of the board otherwise provided by law and
2345 by this part apply.
2346 (3) Supervision and administration of security responsibilities for the state hospital is
2347 vested in the division. The executive director shall designate, as special function officers,
2348 individuals to perform special security functions for the state hospital that require peace officer
2349 authority. These special function officers may not become or be designated as members of the
2350 Public Safety Retirement System.
2351 (4) Directors of mental health facilities that house involuntary detainees or detainees
2352 committed pursuant to judicial order may establish secure areas, as prescribed in Section
2353 76-8-311.1 , within the mental health facility for the detainees.
2354 Section 56. Section 62A-15-604 , which is renumbered from Section 62A-12-204 is
2355 renumbered and amended to read:
2356 [
2357 institutions.
2358 (1) The division may take and hold by gift, devise, or bequest real and personal property
2359 required for the use of the state hospital. With the approval of the governor it may convert that
2360 property which is not suitable for its use into money or property that is suitable for that use.
2361 (2) The state hospital is authorized to receive from any other institution within the
2362 department any person committed to that institution, when a careful evaluation of the treatment
2363 needs of the person and of the treatment programs available at the state hospital indicates that the
2364 transfer would be in the interest of that person.
2365 (3) (a) Notwithstanding the provisions of Subsection 62A-1-111 (10), the state hospital is
2366 authorized to receive gifts, grants, devises, and donations and shall deposit them into an
2367 interest-bearing expendable trust fund. The state treasurer may invest the fund and all interest is
2368 to remain with the fund.
2369 (b) Those gifts, grants, devises, donations, and the proceeds thereof shall be used by the
2370 superintendent or his designee for the use and benefit of patients at the state hospital.
2371 Section 57. Section 62A-15-605 , which is renumbered from Section 62A-12-204.5 is
2372 renumbered and amended to read:
2373 [
2374 -- Establishment and purpose -- Admission of person in custody of Department of
2375 Corrections to state hospital -- Retransfer of person to Department of Corrections.
2376 (1) There is established the Mental Health and Corrections Advisory Council composed
2377 of the following members:
2378 (a) the director or his appointee;
2379 (b) the superintendent or his appointee;
2380 (c) the executive director of the Department of Corrections, or his appointee;
2381 (d) a member of the Board of Pardons and Parole or its appointee;
2382 (e) the attorney general, or his appointee;
2383 (f) the director of the Division of Services for People with Disabilities, or his appointee;
2384 (g) a representative from a local mental health authority or an organization, excluding the
2385 state hospital that provides mental health services under contract with the Division of Substance
2386 Abuse and Mental Health or a local mental health authority, as appointed by the director of the
2387 division; and
2388 (h) other persons as appointed by the members described in Subsections (1)(a) through (h).
2389 (2) (a) (i) Members who are not government employees shall receive no compensation or
2390 benefits for their services, but may receive per diem and expenses incurred in the performance of
2391 the member's official duties at the rates established by the Division of Finance under Sections
2392 63A-3-106 and 63A-3-107 .
2393 (ii) Members may decline to receive per diem and expenses for their service.
2394 (b) (i) State government officer and employee members who do not receive salary, per
2395 diem, or expenses from their agency for their service may receive per diem and expenses incurred
2396 in the performance of their official duties from the council at the rates established by the Division
2397 of Finance under Sections 63A-3-106 and 63A-3-107 .
2398 (ii) State government officer and employee members may decline to receive per diem and
2399 expenses for their service.
2400 (3) The purpose of the Mental Health and Corrections Advisory Council is to:
2401 (a) advise the director regarding admissions to the state hospital of persons in the custody
2402 of the Department of Corrections;
2403 (b) develop policies for coordination between the division and the Department of
2404 Corrections; and
2405 (c) advise the executive director of the Department of Corrections regarding issues of care
2406 for persons in the custody of the Department of Corrections who are mentally ill.
2407 (4) The executive director of the Department of Corrections may request the director to
2408 admit a person who is in the custody of the Department of Corrections to the state hospital, if the
2409 clinical director of mental health within the Department of Corrections finds that the inmate has
2410 mentally deteriorated to the point that admission to the state hospital is necessary to ensure
2411 adequate mental health treatment. In determining whether that inmate should be placed in the state
2412 hospital, the director of the division shall consider:
2413 (a) the mental health treatment needs of the inmate;
2414 (b) the treatment programs available at the state hospital; and
2415 (c) whether the inmate meets the requirements of Subsection [
2416 62A-15-610 (2).
2417 (5) If the director denies the admission of an inmate as requested by the clinical director
2418 of mental health within the Department of Corrections, the Board of Pardons and Parole shall
2419 determine whether the inmate will be admitted to the state hospital. The Board of Pardons and
2420 Parole shall consider:
2421 (a) the mental health treatment needs of the inmate;
2422 (b) the treatment programs available at the state hospital; and
2423 (c) whether the inmate meets the requirements of Subsection [
2424 62A-15-610 (2).
2425 (6) The state hospital shall receive any person in the custody of the Department of
2426 Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to
2427 Subsection (5). Any person so transferred to the state hospital shall remain in the custody of the
2428 Department of Corrections, and the state hospital shall act solely as the agent of the Department
2429 of Corrections.
2430 (7) Inmates transferred to the state hospital pursuant to this section shall be transferred
2431 back to the Department of Corrections through negotiations between the director and the director
2432 of the Department of Corrections. If agreement between the director and the director of the
2433 Department of Corrections cannot be reached, the Board of Pardons and Parole shall have final
2434 authority in determining whether a person will be transferred back to the Department of
2435 Corrections. In making that determination, that board shall consider:
2436 (a) the mental health treatment needs of the inmate;
2437 (b) the treatment programs available at the state hospital;
2438 (c) whether the person continues to meet the requirements of Subsection [
2439 62A-15-610 (2);
2440 (d) the ability of the state hospital to provide adequate treatment to the person, as well as
2441 safety and security to the public; and
2442 (e) whether, in the opinion of the director of the division, in consultation with the clinical
2443 director of the state hospital, the person's treatment needs have been met.
2444 Section 58. Section 62A-15-606 , which is renumbered from Section 62A-12-205 is
2445 renumbered and amended to read:
2446 [
2447 by division.
2448 The board may make rules applying to the state hospital, to be enforced and administered
2449 by the division.
2450 Section 59. Section 62A-15-607 , which is renumbered from Section 62A-12-206 is
2451 renumbered and amended to read:
2452 [
2453 (1) The division shall estimate and determine, as nearly as possible, the actual expense per
2454 annum of caring for and maintaining a patient in the state hospital, and that amount or portion of
2455 that amount shall be assessed to and paid by the applicant, patient, spouse, parents, child or
2456 children who are of sufficient financial ability to do so, or by the guardian of the patient who has
2457 funds of the patient that may be used for that purpose.
2458 (2) In addition to the expenses described in Subsection (1), parents are responsible for the
2459 support of their child while the child is in the care of the state hospital pursuant to Title 78,
2460 Chapter 45, Uniform Civil Liability for Support Act, and Title 62A, Chapter 11, [
2461
2462 Section 60. Section 62A-15-608 , which is renumbered from Section 62A-12-207 is
2463 renumbered and amended to read:
2464 [
2465 treatment of mentally ill persons.
2466 (1) Each local mental health authority has responsibility for supervision and treatment of
2467 mentally ill persons who have been committed to its custody under the provisions of this part,
2468 whether residing in the state hospital or elsewhere.
2469 (2) The division, in administering and supervising the security responsibilities of the state
2470 hospital under its authority provided by Section [
2471 [
2472 state hospital.
2473 Section 61. Section 62A-15-609 , which is renumbered from Section 62A-12-208 is
2474 renumbered and amended to read:
2475 [
2476 children at the hospital -- Responsibility for noninstructional services.
2477 (1) The State Board of Education is responsible for the education of school-aged children
2478 committed to the division.
2479 (2) In order to fulfill its responsibility under Subsection (1), the board may contract with
2480 local school districts or other appropriate agencies to provide educational and related
2481 administrative services.
2482 (3) Medical, residential, and other noninstructional services at the state hospital are the
2483 responsibility of the division.
2484 Section 62. Section 62A-15-610 , which is renumbered from Section 62A-12-209 is
2485 renumbered and amended to read:
2486 [
2487 Persons who may be admitted to state hospital.
2488 (1) The objectives of the state hospital and other mental health facilities shall be to care
2489 for all persons within this state who are subject to the provisions of this chapter; and to furnish
2490 them with the proper attendance, medical treatment, seclusion, rest, restraint, amusement,
2491 occupation, and support that is conducive to their physical and mental well-being.
2492 (2) Only the following persons may be admitted to the state hospital:
2493 (a) persons 18 years of age and older who meet the criteria necessary for commitment
2494 under this part and who have severe mental disorders for whom no appropriate, less restrictive
2495 treatment alternative is available;
2496 (b) persons under 18 years of age who meet the criteria necessary for commitment under
2497 Part [
2498 (c) persons adjudicated and found to be guilty and mentally ill under Title 77, Chapter 16a,
2499 Commitment and Treatment of Mentally Ill Persons;
2500 (d) persons adjudicated and found to be not guilty by reason of insanity who are under a
2501 subsequent commitment order because they are mentally ill and a danger to themselves or others,
2502 under Section 77-16a-302 ;
2503 (e) persons found incompetent to proceed under Section 77-15-6 ;
2504 (f) persons who require an examination under Title 77, Utah Code of Criminal Procedure;
2505 and
2506 (g) persons in the custody of the Department of Corrections, admitted in accordance with
2507 Section [
2508 Section 63. Section 62A-15-611 , which is renumbered from Section 62A-12-209.5 is
2509 renumbered and amended to read:
2510 [
2511 (1) As used in this section:
2512 (a) "Adult beds" means the total number of patient beds located in the adult general
2513 psychiatric unit and the geriatric unit at the state hospital, as determined by the superintendent of
2514 the state hospital.
2515 (b) "Mental health catchment area" means a county or group of counties governed by a
2516 local mental health authority.
2517 (2) The board shall establish by rule a formula to separately allocate to local mental health
2518 authorities adult beds for persons who meet the requirements of Subsection [
2519 62A-15-610 (2)(a). On July 1, 1993, two hundred twelve beds shall be allocated to local mental
2520 health authorities under this section. That number shall be reviewed and adjusted as necessary
2521 every three years according to the state's population. All population figures utilized shall reflect
2522 the most recent available population estimates from the Utah Population Estimates Committee.
2523 (3) The formula established under Subsection (2) becomes effective on July 1, 1993, and
2524 shall provide for allocation of beds based on:
2525 (a) the percentage of the state's adult population located within a mental health catchment
2526 area; and
2527 (b) a differential to compensate for the additional demand for hospital beds in mental
2528 health catchment areas that are located in urban areas.
2529 (4) A local mental health authority may sell or loan its allocation of beds to another local
2530 mental health authority.
2531 (5) The division shall allocate 212 adult beds at the state hospital to local mental health
2532 authorities for their use in accordance with the formula established under this section. If a local
2533 mental health authority is unable to access a bed allocated to it under that formula, the division
2534 shall provide that local mental health authority with funding equal to the reasonable, average daily
2535 cost of an acute care bed purchased by the local mental health authority.
2536 (6) The board shall periodically review and make changes in the formula established under
2537 Subsection (2) as necessary to accurately reflect changes in population.
2538 Section 64. Section 62A-15-612 , which is renumbered from Section 62A-12-209.6 is
2539 renumbered and amended to read:
2540 [
2541 Formula.
2542 (1) As used in this section:
2543 (a) "Pediatric beds" means the total number of patient beds located in the children's unit
2544 and the youth units at the state hospital, as determined by the superintendent of the state hospital.
2545 (b) "Mental health catchment area" means a county or group of counties governed by a
2546 local mental health authority.
2547 (2) The board shall establish by rule a formula to separately allocate to local mental health
2548 authorities pediatric beds for persons who meet the requirements of Subsection [
2549 62A-15-610 (2)(b). On July 1, 1996, 72 pediatric beds shall be allocated to local mental health
2550 authorities under this section. That number shall be reviewed and adjusted as necessary every
2551 three years according to the state's population of persons under 18 years of age. All population
2552 figures utilized shall reflect the most recent available population estimates from the governor's
2553 Office of Planning and Budget.
2554 (3) The formula established under Subsection (2) becomes effective on July 1, 1996, and
2555 shall provide for allocation of beds based on the percentage of the state's population of persons
2556 under the age of 18 located within a mental health catchment area. Each community mental health
2557 center shall be allocated at least one bed.
2558 (4) A local mental health authority may sell or loan its allocation of beds to another local
2559 mental health authority.
2560 (5) The division shall allocate 72 pediatric beds at the state hospital to local mental health
2561 authorities for their use in accordance with the formula established under this section. If a local
2562 mental health authority is unable to access a bed allocated to it under that formula, the division
2563 shall provide that local mental health authority with funding equal to the reasonable, average daily
2564 cost of an acute care bed purchased by the local mental health authority.
2565 (6) The board shall periodically review and make changes in the formula established under
2566 Subsection (2) as necessary to accurately reflect changes in the state's population.
2567 Section 65. Section 62A-15-613 , which is renumbered from Section 62A-12-210 is
2568 renumbered and amended to read:
2569 [
2570 -- Powers and responsibilities.
2571 (1) The director, with the advice and consent of the board and the approval of the
2572 executive director, shall appoint a superintendent of the state hospital, who shall hold office at the
2573 will of the director.
2574 (2) The superintendent shall have a bachelor's degree from an accredited university or
2575 college, be experienced in administration, and be knowledgeable in matters concerning mental
2576 health.
2577 (3) Subject to the rules of the board, the superintendent has general responsibility for the
2578 buildings, grounds, and property of the state hospital. The superintendent shall appoint, with the
2579 approval of the director, as many employees as necessary for the efficient and economical care and
2580 management of the state hospital, and shall fix their compensation and administer personnel
2581 functions according to the standards of the Department of Human Resource Management.
2582 Section 66. Section 62A-15-614 , which is renumbered from Section 62A-12-212 is
2583 renumbered and amended to read:
2584 [
2585 procedure -- Duties.
2586 (1) Whenever the superintendent is not qualified to be the clinical director of the state
2587 hospital under this section, he shall, with the approval of the director of the division, appoint a
2588 clinical director who is licensed to practice medicine and surgery in this state, and who has had at
2589 least three years' training in a psychiatric residency program approved by the American Board of
2590 Psychiatry and Neurology, Inc., and who is eligible for certification by that board.
2591 (2) The salary of the clinical director of the state hospital shall be fixed by the standards
2592 of the Division of Finance, to be paid in the same manner as the salaries of other employees. The
2593 clinical director shall perform such duties as directed by the superintendent and prescribed by the
2594 rules of the board, and shall prescribe and direct the treatment of patients and adopt sanitary
2595 measures for their welfare.
2596 (3) If the superintendent is qualified to be the clinical director, he may assume the duties
2597 of the clinical director.
2598 Section 67. Section 62A-15-615 , which is renumbered from Section 62A-12-214 is
2599 renumbered and amended to read:
2600 [
2601 The division shall furnish the clerks of the district courts with forms, blanks, warrants, and
2602 certificates, to enable the district court judges, with regularity and facility, to comply with the
2603 provisions of this chapter.
2604 Section 68. Section 62A-15-616 , which is renumbered from Section 62A-12-215 is
2605 renumbered and amended to read:
2606 [
2607 (1) A person who enters this state while mentally ill may be returned by a local mental
2608 health authority to the home of relatives or friends of that mentally ill person, if known, or to a
2609 hospital in the state where that mentally ill person is domiciled, in accordance with Title 62A,
2610 Chapter [
2611 (2) This section does not prevent commitment of persons who are traveling through or
2612 temporarily residing in this state.
2613 Section 69. Section 62A-15-617 , which is renumbered from Section 62A-12-216 is
2614 renumbered and amended to read:
2615 [
2616 The expense for the care and treatment of voluntary patients shall be assessed to and paid
2617 in the same manner and to the same extent as is provided for involuntary patients under the
2618 provisions of Section [
2619 Section 70. Section 62A-15-618 , which is renumbered from Section 62A-12-217 is
2620 renumbered and amended to read:
2621 [
2622 Designated examiners shall be allowed a reasonable fee by the county legislative body of
2623 the county in which the proposed patient resides or is found, unless they are otherwise paid.
2624 Section 71. Section 62A-15-619 , which is renumbered from Section 62A-12-219 is
2625 renumbered and amended to read:
2626 [
2627 The provisions made in this part for the support of mentally ill persons at public expense
2628 do not release the estates of those persons from liability for their care and treatment, and the
2629 division is authorized and empowered to collect from the estates of those persons any sums paid
2630 by the state in their behalf.
2631 Section 72. Section 62A-15-620 , which is renumbered from Section 62A-12-222 is
2632 renumbered and amended to read:
2633 [
2634 requirements -- Penalty.
2635 Any person who attempts to place another person in the custody of a local mental health
2636 authority contrary to the provisions of this part is guilty of a class B misdemeanor, in addition to
2637 liability in an action for damages, or subject to other criminal charges.
2638 Section 73. Section 62A-15-621 , which is renumbered from Section 62A-12-224 is
2639 renumbered and amended to read:
2640 [
2641 Any person who, without permission, enters any of the buildings or enclosures appropriated
2642 to the use of patients, or makes any attempt to do so, or enters anywhere upon the premises
2643 belonging to or used by the division, a local mental health authority, or the state hospital and
2644 commits, or attempts to commit, any trespass or depredation thereon, or any person who, either
2645 from within or without the enclosures, willfully annoys or disturbs the peace or quiet of the
2646 premises or of any patient therein, is guilty of a class B misdemeanor.
2647 Section 74. Section 62A-15-622 , which is renumbered from Section 62A-12-225 is
2648 renumbered and amended to read:
2649 [
2650 Any person who abducts a patient who is in the custody of a local mental health authority,
2651 or induces any patient to elope or escape from that custody, or attempts to do so, or aids or assists
2652 therein, is guilty of a class B misdemeanor, in addition to liability for damages, or subject to other
2653 criminal charges.
2654 Section 75. Section 62A-15-623 , which is renumbered from Section 62A-12-226 is
2655 renumbered and amended to read:
2656 [
2657 Any person committed to the state hospital under the provisions of Title 77, Chapter 15,
2658 Inquiry into Sanity of Defendant, or Chapter 16, Mental Examination after Conviction, who
2659 escapes or leaves the state hospital without proper legal authority is guilty of a class A
2660 misdemeanor.
2661 Section 76. Section 62A-15-624 , which is renumbered from Section 62A-12-227 is
2662 renumbered and amended to read:
2663 [
2664 Any person who willfully and knowingly violates any provision of this part, except where
2665 another penalty is provided by law, is guilty of a class C misdemeanor.
2666 Section 77. Section 62A-15-625 , which is renumbered from Section 62A-12-228 is
2667 renumbered and amended to read:
2668 [
2669 (1) A local mental health authority or its designee may admit to that authority, for
2670 observation, diagnosis, care, and treatment any individual who is mentally ill or has symptoms of
2671 mental illness and who, being 18 years of age or older, applies for voluntary admission.
2672 (2) (a) No adult may be committed or continue to be committed to a local mental health
2673 authority against his will except as provided in this chapter.
2674 (b) No person under 18 years of age may be committed to a local mental health authority,
2675 but may be committed to the division in accordance with the provisions of Part [
2676 (3) An adult may be voluntarily admitted to a local mental health authority for treatment
2677 at the Utah State Hospital as a condition of probation or stay of sentence only after the
2678 requirements of Subsection 77-18-1 (14) have been met.
2679 Section 78. Section 62A-15-626 , which is renumbered from Section 62A-12-229 is
2680 renumbered and amended to read:
2681 [
2682 (1) A local mental health authority or its designee shall release from commitment any
2683 person who, in the opinion of the local mental health authority or its designee, has recovered or
2684 no longer meets the criteria specified in Section [
2685 (2) A local mental health authority or its designee may release from commitment any
2686 patient whose commitment is determined to be no longer advisable except as provided by Section
2687 78-3a-121 , but an effort shall be made to assure that any further supportive services required to
2688 meet the patient's needs upon release will be provided.
2689 (3) When a patient has been committed to a local mental health authority by judicial
2690 process, the local mental health authority shall follow the procedures described in Sections
2691 [
2692 Section 79. Section 62A-15-627 , which is renumbered from Section 62A-12-230 is
2693 renumbered and amended to read:
2694 [
2695 A voluntary patient who requests release, or whose release is requested in writing by his
2696 legal guardian, parent, spouse, or adult next of kin, shall be immediately released except that:
2697 (1) if the patient was voluntarily admitted on his own application, and the request for
2698 release is made by a person other than the patient, release may be conditioned upon the agreement
2699 of the patient; and
2700 (2) if a local mental health authority, or its designee is of the opinion that release of a
2701 patient would be unsafe for that patient or others, release of that patient may be postponed for up
2702 to 48 hours, excluding weekends and holidays, provided that the local mental health authority, or
2703 its designee, shall cause to be instituted involuntary commitment proceedings with the district
2704 court within the specified time period, unless cause no longer exists for instituting those
2705 proceedings. Written notice of that postponement with the reasons, shall be given to the patient
2706 without undue delay. No judicial proceedings may be commenced with respect to a voluntary
2707 patient unless he has requested release.
2708 Section 80. Section 62A-15-628 , which is renumbered from Section 62A-12-231 is
2709 renumbered and amended to read:
2710 [
2711 (1) An adult may not be involuntarily committed to the custody of a local mental health
2712 authority except under the following provisions:
2713 (a) emergency procedures for temporary commitment upon medical or designated
2714 examiner certification, as provided in Subsection [
2715 (b) emergency procedures for temporary commitment without endorsement of medical or
2716 designated examiner certification, as provided in Subsection [
2717 (c) commitment on court order, as provided in Section [
2718 (2) A person under 18 years of age may not be committed to a local mental health
2719 authority, but may be committed to the division in accordance with the provisions of Part [
2720 Section 81. Section 62A-15-629 , which is renumbered from Section 62A-12-232 is
2721 renumbered and amended to read:
2722 [
2723 procedures.
2724 (1) (a) An adult may be temporarily, involuntarily committed to a local mental health
2725 authority upon:
2726 (i) written application by a responsible person who has reason to know, stating a belief that
2727 the individual is likely to cause serious injury to himself or others if not immediately restrained,
2728 and stating the personal knowledge of the individual's condition or circumstances which lead to
2729 that belief; and
2730 (ii) a certification by a licensed physician or designated examiner stating that the physician
2731 or designated examiner has examined the individual within a three-day period immediately
2732 preceding that certification, and that he is of the opinion that the individual is mentally ill and,
2733 because of his mental illness, is likely to injure himself or others if not immediately restrained.
2734 (b) Application and certification as described in Subsection (1)(a) authorizes any peace
2735 officer to take the individual into the custody of a local mental health authority and transport the
2736 individual to that authority's designated facility.
2737 (2) If a duly authorized peace officer observes a person involved in conduct that gives the
2738 officer probable cause to believe that the person is mentally ill, as defined in Section [
2739 62A-15-602 , and because of that apparent mental illness and conduct, there is a substantial
2740 likelihood of serious harm to that person or others, pending proceedings for examination and
2741 certification under this part, the officer may take that person into protective custody. The peace
2742 officer shall transport the person to be transported to the designated facility of the appropriate local
2743 mental health authority pursuant to this section, either on the basis of his own observation or on
2744 the basis of a mental health officer's observation that has been reported to him by that mental
2745 health officer. Immediately thereafter, the officer shall place the person in the custody of the local
2746 mental health authority and make application for commitment of that person to the local mental
2747 health authority. The application shall be on a prescribed form and shall include the following:
2748 (a) a statement by the officer that he believes, on the basis of personal observation or on
2749 the basis of a mental health officer's observation reported to him by the mental health officer, that
2750 the person is, as a result of a mental illness, a substantial and immediate danger to himself or
2751 others;
2752 (b) the specific nature of the danger;
2753 (c) a summary of the observations upon which the statement of danger is based; and
2754 (d) a statement of facts which called the person to the attention of the officer.
2755 (3) A person committed under this section may be held for a maximum of 24 hours,
2756 excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, the person
2757 shall be released unless application for involuntary commitment has been commenced pursuant
2758 to Section [
2759 be entered under Subsection [
2760 patient shall be released unless he has made voluntary application for admission.
2761 (4) Transportation of mentally ill persons pursuant to Subsections (1) and (2) shall be
2762 conducted by the appropriate municipal, or city or town, law enforcement authority or, under the
2763 appropriate law enforcement's authority, by ambulance to the extent that Subsection (5) applies.
2764 However, if the designated facility is outside of that authority's jurisdiction, the appropriate county
2765 sheriff shall transport the person or cause the person to be transported by ambulance to the extent
2766 that Subsection (5) applies.
2767 (5) Notwithstanding Subsections (2) and (4), a peace officer shall cause a person to be
2768 transported by ambulance if the person meets any of the criteria in Section 26-8a-305 . In addition,
2769 if the person requires physical medical attention, the peace officer shall direct that transportation
2770 be to an appropriate medical facility for treatment.
2771 Section 82. Section 62A-15-630 , which is renumbered from Section 62A-12-233 is
2772 renumbered and amended to read:
2773 [
2774 The court may appoint a mental health commissioner to assist in conducting commitment
2775 proceedings in accordance with Section 78-3-31 .
2776 Section 83. Section 62A-15-631 , which is renumbered from Section 62A-12-234 is
2777 renumbered and amended to read:
2778 [
2779 Examination -- Hearing -- Power of court -- Findings required -- Costs.
2780 (1) Proceedings for involuntary commitment of an individual who is 18 years of age or
2781 older may be commenced by filing a written application with the district court of the county in
2782 which the proposed patient resides or is found, by a responsible person who has reason to know
2783 of the condition or circumstances of the proposed patient which lead to the belief that the
2784 individual is mentally ill and should be involuntarily committed. That application shall be
2785 accompanied by:
2786 (a) a certificate of a licensed physician or a designated examiner stating that within a
2787 seven-day period immediately preceding the certification the physician or designated examiner has
2788 examined the individual, and that he is of the opinion that the individual is mentally ill and should
2789 be involuntarily committed; or
2790 (b) a written statement by the applicant that the individual has been requested to but has
2791 refused to submit to an examination of mental condition by a licensed physician or designated
2792 examiner. That application shall be sworn to under oath and shall state the facts upon which the
2793 application is based.
2794 (2) Prior to issuing a judicial order, the court may require the applicant to consult with the
2795 appropriate local mental health authority, or may direct a mental health professional from that local
2796 mental health authority to interview the applicant and the proposed patient to determine the
2797 existing facts and report them to the court.
2798 (3) If the court finds from the application, from any other statements under oath, or from
2799 any reports from a mental health professional that there is a reasonable basis to believe that the
2800 proposed patient's mental condition and immediate danger to himself, others, or property requires
2801 involuntary commitment pending examination and hearing; or, if the proposed patient has refused
2802 to submit to an interview with a mental health professional as directed by the court or to go to a
2803 treatment facility voluntarily, the court may issue an order, directed to a mental health officer or
2804 peace officer, to immediately place the proposed patient in the custody of a local mental health
2805 authority or in a temporary emergency facility as provided in Section [
2806 to be detained for the purpose of examination. Within 24 hours of the issuance of the order for
2807 examination, a local mental health authority or its designee shall report to the court, orally or in
2808 writing, whether the patient is, in the opinion of the examiners, mentally ill, whether the patient
2809 has agreed to become a voluntary patient under Section [
2810 treatment programs are available and acceptable without court proceedings. Based on that
2811 information, the court may, without taking any further action, terminate the proceedings and
2812 dismiss the application. In any event, if the examiner reports orally, he shall immediately send the
2813 report in writing to the clerk of the court.
2814 (4) Notice of commencement of proceedings for involuntary commitment, setting forth
2815 the allegations of the application and any reported facts, together with a copy of any official order
2816 of detention, shall be provided by the court to a proposed patient prior to, or upon, placement in
2817 the custody of a local mental health authority or, with respect to any individual presently in the
2818 custody of a local mental health authority whose status is being changed from voluntary to
2819 involuntary, upon the filing of an application for that purpose with the court. A copy of that order
2820 of detention shall be maintained at the place of detention.
2821 (5) Notice of commencement of those proceedings shall be provided by the court as soon
2822 as practicable to the applicant, any legal guardian, any immediate adult family members, legal
2823 counsel for the parties involved, and any other persons whom the proposed patient or the court
2824 shall designate. That notice shall advise those persons that a hearing may be held within the time
2825 provided by law. If the patient has refused to permit release of information necessary for
2826 provisions of notice under this subsection, the extent of notice shall be determined by the court.
2827 (6) Proceedings for commitment of an individual under the age of 18 years to the division
2828 may be commenced by filing a written application with the juvenile court in accordance with the
2829 provisions of Part [
2830 (7) The district court may, in its discretion, transfer the case to any other district court
2831 within this state, provided that the transfer will not be adverse to the interest of the proposed
2832 patient.
2833 (8) (a) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
2834 of a judicial order, or after commitment of a proposed patient to a local mental health authority
2835 under court order for detention or examination, the court shall appoint two designated examiners
2836 to examine the proposed patient. If requested by the proposed patient's counsel, the court shall
2837 appoint, as one of the examiners, a reasonably available qualified person designated by counsel.
2838 The examinations, to be conducted separately, shall be held at the home of the proposed patient,
2839 a hospital or other medical facility, or at any other suitable place that is not likely to have a harmful
2840 effect on the patient's health.
2841 (b) A time shall be set for a hearing to be held within ten court days of the appointment
2842 of the designated examiners, unless those examiners or a local mental health authority or its
2843 designee informs the court prior to that hearing date that the patient is not mentally ill, that he has
2844 agreed to become a voluntary patient under Section [
2845 programs are available and acceptable without court proceedings, in which event the court may,
2846 without taking any further action, terminate the proceedings and dismiss the application.
2847 (9) (a) Prior to the hearing, an opportunity to be represented by counsel shall be afforded
2848 to every proposed patient, and if neither the patient nor others provide counsel, the court shall
2849 appoint counsel and allow him sufficient time to consult with the patient prior to the hearing. In
2850 the case of an indigent patient, the payment of reasonable attorneys' fees for counsel, as determined
2851 by the court, shall be made by the county in which the patient resides or was found.
2852 (b) The proposed patient, the applicant, and all other persons to whom notice is required
2853 to be given shall be afforded an opportunity to appear at the hearing, to testify, and to present and
2854 cross-examine witnesses. The court may, in its discretion, receive the testimony of any other
2855 person. The court may allow a waiver of the patient's right to appear only for good cause shown,
2856 and that cause shall be made a matter of court record.
2857 (c) The court is authorized to exclude all persons not necessary for the conduct of the
2858 proceedings and may, upon motion of counsel, require the testimony of each examiner to be given
2859 out of the presence of any other examiners.
2860 (d) The hearing shall be conducted in as informal a manner as may be consistent with
2861 orderly procedure, and in a physical setting that is not likely to have a harmful effect on the mental
2862 health of the proposed patient.
2863 (e) The court shall receive all relevant and material evidence which is offered, subject to
2864 the rules of evidence.
2865 (f) A local mental health authority or its designee, or the physician in charge of the
2866 patient's care shall, at the time of the hearing, provide the court with the following information:
2867 (i) the detention order;
2868 (ii) admission notes;
2869 (iii) the diagnosis;
2870 (iv) any doctors' orders;
2871 (v) progress notes;
2872 (vi) nursing notes; and
2873 (vii) medication records pertaining to the current commitment.
2874 That information shall also be supplied to the patient's counsel at the time of the hearing,
2875 and at any time prior to the hearing upon request.
2876 (10) The court shall order commitment of an individual who is 18 years of age or older to
2877 a local mental health authority if, upon completion of the hearing and consideration of the record,
2878 the court finds by clear and convincing evidence that:
2879 (a) the proposed patient has a mental illness;
2880 (b) because of the proposed patient's mental illness he poses an immediate danger of
2881 physical injury to others or himself, which may include the inability to provide the basic necessities
2882 of life such as food, clothing, and shelter, if allowed to remain at liberty;
2883 (c) the patient lacks the ability to engage in a rational decision-making process regarding
2884 the acceptance of mental treatment as demonstrated by evidence of inability to weigh the possible
2885 costs and benefits of treatment;
2886 (d) there is no appropriate less-restrictive alternative to a court order of commitment; and
2887 (e) the local mental health authority can provide the individual with treatment that is
2888 adequate and appropriate to his conditions and needs. In the absence of the required findings of
2889 the court after the hearing, the court shall forthwith dismiss the proceedings.
2890 (11) (a) The order of commitment shall designate the period for which the individual shall
2891 be treated. When the individual is not under an order of commitment at the time of the hearing,
2892 that period may not exceed six months without benefit of a review hearing. Upon such a review
2893 hearing, to be commenced prior to the expiration of the previous order, an order for commitment
2894 may be for an indeterminate period, if the court finds by clear and convincing evidence that the
2895 required conditions in Subsection (10) will last for an indeterminate period.
2896 (b) The court shall maintain a current list of all patients under its order of commitment.
2897 That list shall be reviewed to determine those patients who have been under an order of
2898 commitment for the designated period. At least two weeks prior to the expiration of the designated
2899 period of any order of commitment still in effect, the court that entered the original order shall
2900 inform the appropriate local mental health authority or its designee. The local mental health
2901 authority or its designee shall immediately reexamine the reasons upon which the order of
2902 commitment was based. If the local mental health authority or its designee determines that the
2903 conditions justifying that commitment no longer exist, it shall discharge the patient from
2904 involuntary commitment and immediately report that to the court. Otherwise, the court shall
2905 immediately appoint two designated examiners and proceed under Subsections (8) through (10).
2906 (c) The local mental health authority or its designee responsible for the care of a patient
2907 under an order of commitment for an indeterminate period, shall at six-month intervals reexamine
2908 the reasons upon which the order of indeterminate commitment was based. If the local mental
2909 health authority or its designee determines that the conditions justifying that commitment no longer
2910 exist, that local mental health authority or its designee shall discharge the patient from its custody
2911 and immediately report the discharge to the court. If the local mental health authority or its
2912 designee determines that the conditions justifying that commitment continue to exist, the local
2913 mental health authority or its designee shall send a written report of those findings to the court.
2914 The patient and his counsel of record shall be notified in writing that the involuntary commitment
2915 will be continued, the reasons for that decision, and that the patient has the right to a review
2916 hearing by making a request to the court. Upon receiving the request, the court shall immediately
2917 appoint two designated examiners and proceed under Subsections (8) through (10).
2918 (12) In the event that the designated examiners are unable, because a proposed patient
2919 refuses to submit to an examination, to complete that examination on the first attempt, the court
2920 shall fix a reasonable compensation to be paid to those designated examiners for their services.
2921 (13) Any person committed as a result of an original hearing or a person's legally
2922 designated representative who is aggrieved by the findings, conclusions, and order of the court
2923 entered in the original hearing has the right to a new hearing upon a petition filed with the court
2924 within 30 days of the entry of the court order. The petition must allege error or mistake in the
2925 findings, in which case the court shall appoint three impartial designated examiners previously
2926 unrelated to the case to conduct an additional examination of the patient. The new hearing shall,
2927 in all other respects, be conducted in the manner otherwise permitted.
2928 (14) Costs of all proceedings under this section shall be paid by the county in which the
2929 proposed patient resides or is found.
2930 Section 84. Section 62A-15-632 , which is renumbered from Section 62A-12-235 is
2931 renumbered and amended to read:
2932 [
2933 initial involuntary commitment shall be considered to continue to exist.
2934 (1) After a person has been involuntarily committed to the custody of a local mental health
2935 authority under Subsection [
2936 under that subsection shall be considered to continue to exist, for purposes of continued treatment
2937 under Subsection [
2938 [
2939 an order of involuntary commitment and without continued treatment he will suffer severe and
2940 abnormal mental and emotional distress as indicated by recent past history, and will experience
2941 deterioration in his ability to function in the least restrictive environment, thereby making him a
2942 substantial danger to himself or others.
2943 (2) A patient whose treatment is continued or who is conditionally released under the
2944 terms of this section, shall be maintained in the least restrictive environment available which can
2945 provide him with the treatment that is adequate and appropriate.
2946 Section 85. Section 62A-15-633 , which is renumbered from Section 62A-12-236 is
2947 renumbered and amended to read:
2948 [
2949 agency -- Continuing jurisdiction of state courts.
2950 (1) If an individual committed pursuant to Section [
2951 for care or treatment by any agency of the United States, the court, upon receipt of a certificate
2952 from a United States agency, showing that facilities are available and that the individual is eligible
2953 for care or treatment therein, may order the individual to be placed in the custody of that agency
2954 for care.
2955 (2) When admitted to any facility or institution operated by a United States agency, within
2956 or without this state, the individual shall be subject to the rules and regulations of that agency.
2957 (3) The chief officer of any facility or institution operated by a United States agency and
2958 in which the individual is hospitalized, shall, with respect to that individual, be vested with the
2959 same powers as the superintendent or director of a mental health facility, regarding detention,
2960 custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained in
2961 appropriate courts of this state at any time to inquire into the mental condition of an individual so
2962 hospitalized, and to determine the necessity for continuance of hospitalization, and every order of
2963 hospitalization issued pursuant to this section is so conditioned.
2964 Section 86. Section 62A-15-634 , which is renumbered from Section 62A-12-237 is
2965 renumbered and amended to read:
2966 [
2967 Pending commitment to a local mental health authority, a patient taken into custody or
2968 ordered to be committed pursuant to this part may be detained in the patient's home, a licensed
2969 foster home, or any other suitable facility under reasonable conditions prescribed by the local
2970 mental health authority. Except in an extreme emergency, the patient may not be detained in a
2971 nonmedical facility used for the detention of individuals charged with or convicted of criminal
2972 offenses. The local mental health authority shall take reasonable measures, including provision
2973 of medical care, as may be necessary to assure proper care of an individual temporarily detained
2974 pursuant to this section.
2975 Section 87. Section 62A-15-635 , which is renumbered from Section 62A-12-238 is
2976 renumbered and amended to read:
2977 [
2978 Whenever a patient has been temporarily, involuntarily committed to a local mental health
2979 authority pursuant to Section [
2980 than his legal guardian, spouse, or next of kin, the local mental health authority or its designee
2981 shall immediately notify the patient's legal guardian, spouse, or next of kin, if known.
2982 Section 88. Section 62A-15-636 , which is renumbered from Section 62A-12-240 is
2983 renumbered and amended to read:
2984 [
2985 Each local mental health authority or its designee shall, as frequently as practicable,
2986 examine or cause to be examined every person who has been committed to it. Whenever the local
2987 mental health authority or its designee determines that the conditions justifying involuntary
2988 commitment no longer exist, it shall discharge the patient. If the patient has been committed
2989 through judicial proceedings, a report describing that determination shall be sent to the clerk of the
2990 court where the proceedings were held.
2991 Section 89. Section 62A-15-637 , which is renumbered from Section 62A-12-241 is
2992 renumbered and amended to read:
2993 [
2994 Placement in more restrictive environment -- Procedures.
2995 (1) A local mental health authority or its designee may release an improved patient to less
2996 restrictive treatment as it may specify, and when agreed to in writing by the patient. Whenever a
2997 local mental health authority or its designee determines that the conditions justifying commitment
2998 no longer exist, the patient shall be discharged. If the patient has been committed through judicial
2999 proceedings, a report describing that determination shall be sent to the clerk of the court where the
3000 proceedings were held.
3001 (2) (a) A local mental health authority or its designee is authorized to issue an order for
3002 the immediate placement of a patient not previously released from an order of commitment into
3003 a more restrictive environment, if the local mental health authority or its designee has reason to
3004 believe that the less restrictive environment in which the patient has been placed is aggravating the
3005 patient's mental illness as defined in Subsection [
3006 has failed to comply with the specified treatment plan to which he had agreed in writing.
3007 (b) That order shall include the reasons therefor and shall authorize any peace officer to
3008 take the patient into physical custody and transport him to a facility designated by the division.
3009 Prior to or upon admission to the more restrictive environment, or upon imposition of additional
3010 or different requirements as conditions for continued release from inpatient care, copies of the
3011 order shall be personally delivered to the patient and sent to the person in whose care the patient
3012 is placed. The order shall also be sent to the patient's counsel of record and to the court that
3013 entered the original order of commitment. The order shall inform the patient of the right to a
3014 hearing, as prescribed in this section, the right to appointed counsel, and the other procedures
3015 prescribed in Subsection [
3016 (c) If the patient has been in the less restrictive environment for more than 30 days and is
3017 aggrieved by the change to a more restrictive environment, the patient or his representative may
3018 request a hearing within 30 days of the change. Upon receiving the request, the court shall
3019 immediately appoint two designated examiners and proceed pursuant to Section [
3020 62A-15-631 , with the exception of Subsection [
3021 set for the hearing, the patient has again been placed in the less restrictive environment, or the
3022 patient has in writing withdrawn his request for a hearing.
3023 (3) The court shall find that either:
3024 (a) the less restrictive environment in which the patient has been placed is aggravating the
3025 patient's dangerousness or mental illness as defined in Subsection [
3026 or the patient has failed to comply with a specified treatment plan to which he had agreed in
3027 writing; or
3028 (b) the less restrictive environment in which the patient has been placed is not aggravating
3029 the patient's mental illness or dangerousness, and the patient has not failed to comply with any
3030 specified treatment plan to which he had agreed in writing, in which event the order shall designate
3031 that the individual shall be placed and treated in a less restrictive environment appropriate for his
3032 needs.
3033 (4) The order shall also designate the period for which the individual shall be treated, in
3034 no event to extend beyond expiration of the original order of commitment.
3035 (5) Nothing contained in this section prevents a local mental health authority or its
3036 designee, pursuant to Section [
3037 commitment or from placing a patient in an environment that is less restrictive than that ordered
3038 by the court.
3039 Section 90. Section 62A-15-638 , which is renumbered from Section 62A-12-242 is
3040 renumbered and amended to read:
3041 [
3042 Procedures -- Costs.
3043 (1) Any patient committed pursuant to Section [
3044 reexamination of the order for commitment on the patient's own petition, or on that of the legal
3045 guardian, parent, spouse, relative, or friend, to the district court of the county in which the patient
3046 resides or is detained.
3047 (2) Upon receipt of the petition, the court shall conduct or cause to be conducted by a
3048 mental health commissioner proceedings in accordance with Section [
3049 except that those proceedings shall not be required to be conducted if the petition is filed sooner
3050 than six months after the issuance of the order of commitment or the filing of a previous petition
3051 under this section, provided that the court may hold a hearing within a shorter period of time if
3052 good cause appears. The costs of proceedings for such judicial determination shall be paid by the
3053 county in which the patient resided or was found prior to commitment, upon certification, by the
3054 clerk of the district court in the county where the proceedings are held, to the county legislative
3055 body that those proceedings were held and the costs incurred.
3056 Section 91. Section 62A-15-639 , which is renumbered from Section 62A-12-243 is
3057 renumbered and amended to read:
3058 [
3059 Every patient is entitled to humane care and treatment and to medical care and treatment
3060 in accordance with the prevailing standards accepted in medical practice, psychiatric nursing
3061 practice, social work practice, and the practice of clinical psychology.
3062 Section 92. Section 62A-15-640 , which is renumbered from Section 62A-12-244 is
3063 renumbered and amended to read:
3064 [
3065 record.
3066 (1) Mechanical restraints may not be applied to a patient unless it is determined by the
3067 director or his designee to be required by the needs of the patient. Every use of a mechanical
3068 restraint and the reasons therefor shall be made a part of the patient's clinical record, under the
3069 signature of the director or his designee, and shall be reviewed regularly.
3070 (2) In no event shall medication be prescribed for a patient unless it is determined by a
3071 physician to be required by the patient's medical needs. Every use of a medication and the reasons
3072 therefor shall be made a part of the patient's clinical record.
3073 Section 93. Section 62A-15-641 , which is renumbered from Section 62A-12-245 is
3074 renumbered and amended to read:
3075 [
3076 privileges.
3077 (1) Subject to the general rules of the division, and except to the extent that the director
3078 or his designee determines that it is necessary for the welfare of the patient to impose restrictions,
3079 every patient is entitled to:
3080 (a) communicate, by sealed mail or otherwise, with persons, including official agencies,
3081 inside or outside the facility;
3082 (b) receive visitors; and
3083 (c) exercise all civil rights, including the right to dispose of property, execute instruments,
3084 make purchases, enter contractual relationships, and vote, unless the patient has been adjudicated
3085 to be incompetent and has not been restored to legal capacity.
3086 (2) When any right of a patient is limited or denied, the nature, extent, and reason for that
3087 limitation or denial shall be entered in the patient's treatment record. Any continuing denial or
3088 limitation shall be reviewed every 30 days and shall also be entered in that treatment record.
3089 Notice of that continuing denial in excess of 30 days shall be sent to the division or to the
3090 appropriate local mental health authority.
3091 (3) Notwithstanding any limitations authorized under this section on the right of
3092 communication, each patient is entitled to communicate by sealed mail with the appropriate local
3093 mental health authority, the division, his attorney, and the court, if any, that ordered his
3094 commitment. In no case may the patient be denied a visit with the legal counsel or clergy of the
3095 patient's choice.
3096 (4) Local mental health authorities shall provide reasonable means and arrangements for
3097 informing involuntary patients of their right to release as provided in this chapter, and for assisting
3098 them in making and presenting requests for release.
3099 (5) Mental health facilities shall post a statement, promulgated by the division, describing
3100 patient's rights under Utah law.
3101 (6) Notwithstanding Section 53B-17-303 , any person committed under this chapter has the
3102 right to determine the final disposition of his body after death.
3103 Section 94. Section 62A-15-642 , which is renumbered from Section 62A-12-246 is
3104 renumbered and amended to read:
3105 [
3106 Any individual detained pursuant to this part is entitled to the writ of habeas corpus upon
3107 proper petition by himself or a friend, to the district court in the county in which he is detained.
3108 Section 95. Section 62A-15-643 , which is renumbered from Section 62A-12-247 is
3109 renumbered and amended to read:
3110 [
3111 Exceptions -- Penalty.
3112 (1) All certificates, applications, records, and reports made for the purpose of this part,
3113 including those made on judicial proceedings for involuntary commitment, that directly or
3114 indirectly identify a patient or former patient or an individual whose commitment has been sought
3115 under this part, shall be kept confidential and may not be disclosed by any person except insofar
3116 as:
3117 (a) the individual identified or his legal guardian, if any, or, if a minor, his parent or legal
3118 guardian shall consent;
3119 (b) disclosure may be necessary to carry out the provisions of:
3120 (i) this part; or
3121 (ii) Section 53-10-208.1 ; or
3122 (c) a court may direct, upon its determination that disclosure is necessary for the conduct
3123 of proceedings before it, and that failure to make the disclosure would be contrary to the public
3124 interest.
3125 (2) A person who knowingly or intentionally discloses any information not authorized by
3126 this section is guilty of a class B misdemeanor.
3127 Section 96. Section 62A-15-644 , which is renumbered from Section 62A-12-248 is
3128 renumbered and amended to read:
3129 [
3130 records of division.
3131 (1) In addition to specific authority granted by other provisions of this part, the director
3132 has authority to prescribe the form of applications, records, reports, and medical certificates
3133 provided for under this part, and the information required to be contained therein, and to adopt
3134 rules that are not inconsistent with the provisions of this part that he finds to be reasonably
3135 necessary for the proper and efficient commitment of mentally ill persons.
3136 (2) The division shall require reports relating to the admission, examination, diagnosis,
3137 release, or discharge of any patient and investigate complaints made by any patient or by any
3138 person on behalf of a patient.
3139 (3) A local mental health authority shall keep a record of the names and current status of
3140 all persons involuntarily committed to it under this chapter.
3141 Section 97. Section 62A-15-645 , which is renumbered from Section 62A-12-249 is
3142 renumbered and amended to read:
3143 [
3144 Patients who were in a mental health facility on May 8, 1951, shall be deemed to have been
3145 admitted under the provisions of this part appropriate in each instance, and their care, custody, and
3146 rights shall be governed by this part.
3147 Section 98. Section 62A-15-646 , which is renumbered from Section 62A-12-250 is
3148 renumbered and amended to read:
3149 [
3150 Nothing contained in this part may be construed to alter or change the method presently
3151 employed for the commitment and care of the criminally insane as provided in Title 77, Chapter
3152 15.
3153 Section 99. Section 62A-15-647 , which is renumbered from Section 62A-12-252 is
3154 renumbered and amended to read:
3155 [
3156 If any one or more provision, section, subsection, sentence, clause, phrase, or word of this
3157 part, or the application thereof to any person or circumstance, is found to be unconstitutional the
3158 same is hereby declared to be severable and the balance of this part shall remain effective
3159 notwithstanding that unconstitutionality. The Legislature hereby declares that it would have
3160 passed this part, and each provision, section, subsection, sentence, clause, phrase, or word thereof,
3161 irrespective of the fact that any one or more provision, section, subsection, sentence, clause,
3162 phrase, or word be declared unconstitutional.
3163 Section 100. Section 62A-15-701 , which is renumbered from Section 62A-12-280.1 is
3164 renumbered and amended to read:
3165
3166
3167 [
3168 As used in this part:
3169 (1) "Child" means a person under 18 years of age.
3170 (2) "Commit" and "commitment" mean the transfer of physical or legal custody in
3171 accordance with the requirements of this part.
3172 (3) "Legal custody" means:
3173 (a) the right to determine where and with whom the child shall live;
3174 (b) the right to participate in all treatment decisions and to consent or withhold consent
3175 for treatment in which a constitutionally protected liberty or privacy interest may be affected,
3176 including antipsychotic medication, electroshock therapy, and psychosurgery; and
3177 (c) the right to authorize surgery or other extraordinary medical care.
3178 (4) "Physical custody" means:
3179 (a) placement of a child in any residential or inpatient setting;
3180 (b) the right to physical custody of a child;
3181 (c) the right and duty to protect the child; and
3182 (d) the duty to provide, or insure that the child is provided with, adequate food, clothing,
3183 shelter, and ordinary medical care.
3184 (5) "Residential" means any out-of-home placement made by a local mental health
3185 authority, but does not include out-of-home respite care.
3186 (6) "Respite care" means temporary, periodic relief provided to parents or guardians from
3187 the daily care of children with serious emotional disorders for the limited time periods designated
3188 by the division.
3189 Section 101. Section 62A-15-702 , which is renumbered from Section 62A-12-281.1 is
3190 renumbered and amended to read:
3191 [
3192 public mental health system.
3193 A child is entitled to due process proceedings, in accordance with the requirements of this
3194 part, whenever the child:
3195 (1) may receive or receives services through the public mental health system and is placed,
3196 by a local mental health authority, in a physical setting where his liberty interests are restricted,
3197 including residential and inpatient placements; or
3198 (2) receives treatment in which a constitutionally protected privacy or liberty interest may
3199 be affected, including the administration of antipsychotic medication, electroshock therapy, and
3200 psychosurgery.
3201 Section 102. Section 62A-15-703 , which is renumbered from Section 62A-12-282.1 is
3202 renumbered and amended to read:
3203 [
3204 proceeding -- Child in physical custody of local mental health authority.
3205 (1) A child may receive services from a local mental health authority in an inpatient or
3206 residential setting only after a commitment proceeding, for the purpose of transferring physical
3207 custody, has been conducted in accordance with the requirements of this section.
3208 (2) That commitment proceeding shall be initiated by a petition for commitment, and shall
3209 be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant to the
3210 procedures and requirements of this section. If the findings described in Subsection (4) exist, the
3211 proceeding shall result in the transfer of physical custody to the appropriate local mental health
3212 authority, and the child may be placed in an inpatient or residential setting.
3213 (3) The neutral and detached fact finder who conducts the inquiry:
3214 (a) shall be a designated examiner, as defined in Subsection [
3215 and
3216 (b) may not profit, financially or otherwise, from the commitment or physical placement
3217 of the child in that setting.
3218 (4) Upon determination by the fact finder that the following circumstances clearly exist,
3219 he may order that the child be committed to the physical custody of a local mental health authority:
3220 (a) the child has a mental illness, as defined in Subsection [
3221 (b) the child demonstrates a risk of harm to himself or others;
3222 (c) the child is experiencing significant impairment in his ability to perform socially;
3223 (d) the child will benefit from care and treatment by the local mental health authority; and
3224 (e) there is no appropriate less-restrictive alternative.
3225 (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
3226 conducted in as informal manner as possible, and in a physical setting that is not likely to have a
3227 harmful effect on the child.
3228 (b) The child, the child's parent or legal guardian, the person who submitted the petition
3229 for commitment, and a representative of the appropriate local mental health authority shall all
3230 receive informal notice of the date and time of the proceeding. Those parties shall also be afforded
3231 an opportunity to appear and to address the petition for commitment.
3232 (c) The neutral and detached fact finder may, in his discretion, receive the testimony of any
3233 other person.
3234 (d) The fact finder may allow the child to waive his right to be present at the commitment
3235 proceeding, for good cause shown. If that right is waived, the purpose of the waiver shall be made
3236 a matter of record at the proceeding.
3237 (e) At the time of the commitment proceeding, the appropriate local mental health
3238 authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
3239 commitment proceeding, shall provide the neutral and detached fact finder with the following
3240 information, as it relates to the period of current admission:
3241 (i) the petition for commitment;
3242 (ii) the admission notes;
3243 (iii) the child's diagnosis;
3244 (iv) physicians' orders;
3245 (v) progress notes;
3246 (vi) nursing notes; and
3247 (vii) medication records.
3248 (f) The information described in Subsection (5)(e) shall also be provided to the child's
3249 parent or legal guardian upon written request.
3250 (g) (i) The neutral and detached fact finder's decision of commitment shall state the
3251 duration of the commitment. Any commitment to the physical custody of a local mental health
3252 authority may not exceed 180 days. Prior to expiration of the commitment, and if further
3253 commitment is sought, a hearing shall be conducted in the same manner as the initial commitment
3254 proceeding, in accordance with the requirements of this section.
3255 (ii) When a decision for commitment is made, the neutral and detached fact finder shall
3256 inform the child and his parent or legal guardian of that decision, and of the reasons for ordering
3257 commitment at the conclusion of the hearing, and also in writing.
3258 (iii) The neutral and detached fact finder shall state in writing the basis of his decision,
3259 with specific reference to each of the criteria described in Subsection (4), as a matter of record.
3260 (6) Absent the procedures and findings required by this section, a child may be temporarily
3261 committed to the physical custody of a local mental health authority only in accordance with the
3262 emergency procedures described in Subsection [
3263 temporarily committed in accordance with those emergency procedures may be held for a
3264 maximum of 72 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that
3265 time period, the child shall be released unless the procedures and findings required by this section
3266 have been satisfied.
3267 (7) A local mental health authority shall have physical custody of each child committed
3268 to it under this section. The parent or legal guardian of a child committed to the physical custody
3269 of a local mental health authority under this section, retains legal custody of the child, unless legal
3270 custody has been otherwise modified by a court of competent jurisdiction. In cases when the
3271 Division of Child and Family Services or the Division of Youth Corrections has legal custody of
3272 a child, that division shall retain legal custody for purposes of this part.
3273 (8) The cost of caring for and maintaining a child in the physical custody of a local mental
3274 health authority shall be assessed to and paid by the child's parents, according to their ability to
3275 pay. For purposes of this section, the Division of Child and Family Services or the Division of
3276 Youth Corrections shall be financially responsible, in addition to the child's parents, if the child
3277 is in the legal custody of either of those divisions at the time the child is committed to the physical
3278 custody of a local mental health authority under this section, unless Medicaid regulation or contract
3279 provisions specify otherwise. The Office of Recovery Services shall assist those divisions in
3280 collecting the costs assessed pursuant to this section.
3281 (9) Whenever application is made for commitment of a minor to a local mental health
3282 authority under any provision of this section by a person other than the child's parent or guardian,
3283 the local mental health authority or its designee shall notify the child's parent or guardian. The
3284 parents shall be provided sufficient time to prepare and appear at any scheduled proceeding.
3285 (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
3286 days after any order for commitment. The appeal may be brought on the child's own petition, or
3287 that of his parent or legal guardian, to the juvenile court in the district where the child resides or
3288 is currently physically located. With regard to a child in the custody of the Division of Child and
3289 Family Services or the Division of Youth Corrections, the attorney general's office shall handle
3290 the appeal, otherwise the appropriate county attorney's office is responsible for appeals brought
3291 pursuant to this Subsection (10)(a).
3292 (b) Upon receipt of the petition for appeal, the court shall appoint a designated examiner
3293 previously unrelated to the case, to conduct an examination of the child in accordance with the
3294 criteria described in Subsection (4), and file a written report with the court. The court shall then
3295 conduct an appeal hearing to determine whether the findings described in Subsection (4) exist by
3296 clear and convincing evidence.
3297 (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
3298 its designee, or the mental health professional who has been in charge of the child's care prior to
3299 commitment, shall provide the court and the designated examiner for the appeal hearing with the
3300 following information, as it relates to the period of current admission:
3301 (i) the original petition for commitment;
3302 (ii) admission notes;
3303 (iii) diagnosis;
3304 (iv) physicians' orders;
3305 (v) progress notes;
3306 (vi) nursing notes; and
3307 (vii) medication records.
3308 (d) Both the neutral and detached fact finder and the designated examiner appointed for
3309 the appeal hearing shall be provided with an opportunity to review the most current information
3310 described in Subsection (10)(c) prior to the appeal hearing.
3311 (e) The child, his parent or legal guardian, the person who submitted the original petition
3312 for commitment, and a representative of the appropriate local mental health authority shall be
3313 notified by the court of the date and time of the appeal hearing. Those persons shall be afforded
3314 an opportunity to appear at the hearing. In reaching its decision, the court shall review the record
3315 and findings of the neutral and detached fact finder, the report of the designated examiner
3316 appointed pursuant to Subsection (10)(b), and may, in its discretion, allow or require the testimony
3317 of the neutral and detached fact finder, the designated examiner, the child, the child's parent or
3318 legal guardian, the person who brought the initial petition for commitment, or any other person
3319 whose testimony the court deems relevant. The court may allow the child to waive his right to
3320 appear at the appeal hearing, for good cause shown. If that waiver is granted, the purpose shall be
3321 made a part of the court's record.
3322 (11) Each local mental health authority has an affirmative duty to conduct periodic
3323 evaluations of the mental health and treatment progress of every child committed to its physical
3324 custody under this section, and to release any child who has sufficiently improved so that the
3325 criteria justifying commitment no longer exist.
3326 (12) (a) A local mental health authority or its designee, in conjunction with the child's
3327 current treating mental health professional may release an improved child to a less restrictive
3328 environment, as they determine appropriate. Whenever the local mental health authority or its
3329 designee, and the child's current treating mental health professional, determine that the conditions
3330 justifying commitment no longer exist, the child shall be discharged and released to his parent or
3331 legal guardian. With regard to a child who is in the physical custody of the State Hospital, the
3332 treating psychiatrist or clinical director of the State Hospital shall be the child's current treating
3333 mental health professional.
3334 (b) A local mental health authority or its designee, in conjunction with the child's current
3335 treating mental health professional, is authorized to issue a written order for the immediate
3336 placement of a child not previously released from an order of commitment into a more restrictive
3337 environment, if the local authority or its designee and the child's current treating mental health
3338 professional has reason to believe that the less restrictive environment in which the child has been
3339 placed is exacerbating his mental illness, or increasing the risk of harm to himself or others.
3340 (c) The written order described in Subsection (12)(b) shall include the reasons for
3341 placement in a more restrictive environment and shall authorize any peace officer to take the child
3342 into physical custody and transport him to a facility designated by the appropriate local mental
3343 health authority in conjunction with the child's current treating mental health professional. Prior
3344 to admission to the more restrictive environment, copies of the order shall be personally delivered
3345 to the child, his parent or legal guardian, the administrator of the more restrictive environment, or
3346 his designee, and the child's former treatment provider or facility.
3347 (d) If the child has been in a less restrictive environment for more than 30 days and is
3348 aggrieved by the change to a more restrictive environment, the child or his representative may
3349 request a review within 30 days of the change, by a neutral and detached fact finder as described
3350 in Subsection (3). The fact finder shall determine whether:
3351 (i) the less restrictive environment in which the child has been placed is exacerbating his
3352 mental illness, or increasing the risk of harm to himself or others; or
3353 (ii) the less restrictive environment in which the child has been placed is not exacerbating
3354 his mental illness, or increasing the risk of harm to himself or others, in which case the fact finder
3355 shall designate that the child remain in the less restrictive environment.
3356 (e) Nothing in this section prevents a local mental health authority or its designee, in
3357 conjunction with the child's current mental health professional, from discharging a child from
3358 commitment or from placing a child in an environment that is less restrictive than that designated
3359 by the neutral and detached fact finder.
3360 (13) Each local mental health authority or its designee, in conjunction with the child's
3361 current treating mental health professional shall discharge any child who, in the opinion of that
3362 local authority, or its designee, and the child's current treating mental health professional, no longer
3363 meets the criteria specified in Subsection (4), except as provided by Section 78-3a-121 . The local
3364 authority and the mental health professional shall assure that any further supportive services
3365 required to meet the child's needs upon release will be provided.
3366 (14) Even though a child has been committed to the physical custody of a local mental
3367 health authority pursuant to this section, the child is still entitled to additional due process
3368 proceedings, in accordance with Section [
3369 may affect a constitutionally protected liberty or privacy interest is administered. Those treatments
3370 include, but are not limited to, antipsychotic medication, electroshock therapy, and psychosurgery.
3371 Section 103. Section 62A-15-704 , which is renumbered from Section 62A-12-283.1 is
3372 renumbered and amended to read:
3373 [
3374 (1) For purposes of this section, "invasive treatment" means treatment in which a
3375 constitutionally protected liberty or privacy interest may be affected, including antipsychotic
3376 medication, electroshock therapy, and psychosurgery.
3377 (2) The requirements of this section apply to all children receiving services or treatment
3378 from a local mental health authority, its designee, or its provider regardless of whether a local
3379 mental health authority has physical custody of the child or the child is receiving outpatient
3380 treatment from the local authority, its designee, or provider.
3381 (3) (a) The division shall promulgate rules, in accordance with Title 63, Chapter 46a, Utah
3382 Administrative Rulemaking Act, establishing due process procedures for children prior to any
3383 invasive treatment as follows:
3384 (i) with regard to antipsychotic medications, if either the parent or child disagrees with that
3385 treatment, a due process proceeding shall be held in compliance with the procedures established
3386 under this Subsection (3);
3387 (ii) with regard to psychosurgery and electroshock therapy, a due process proceeding shall
3388 be conducted pursuant to the procedures established under this Subsection (3), regardless of
3389 whether the parent or child agree or disagree with the treatment; and
3390 (iii) other possible invasive treatments may be conducted unless either the parent or child
3391 disagrees with the treatment, in which case a due process proceeding shall be conducted pursuant
3392 to the procedures established under this Subsection (3).
3393 (b) In promulgating the rules required by Subsection (3)(a), the division shall consider the
3394 advisability of utilizing an administrative law judge, court proceedings, a neutral and detached fact
3395 finder, and other methods of providing due process for the purposes of this section. The division
3396 shall also establish the criteria and basis for determining when invasive treatment should be
3397 administered.
3398 Section 104. Section 62A-15-705 , which is renumbered from Section 62A-12-283.2 is
3399 renumbered and amended to read:
3400 [
3401 Criteria -- Custody.
3402 (1) In addition to the processes described in Sections [
3403 [
3404 written application with the juvenile court of the county in which the child resides or is found, in
3405 accordance with the procedures described in Section [
3406 (2) The juvenile court shall order commitment to the legal custody of the division or to the
3407 physical custody of a local mental health authority if, upon completion of the hearing and
3408 consideration of the record, it finds by clear and convincing evidence that:
3409 (a) the child has a mental illness, as defined in Subsection [
3410 (b) the child demonstrates a risk of harm to himself or others;
3411 (c) the child is experiencing significant impairment in his ability to perform socially;
3412 (d) the child will benefit from the proposed care and treatment; and
3413 (e) there is no appropriate less restrictive alternative.
3414 (3) The division has an affirmative duty to conduct periodic reviews of children committed
3415 to its custody pursuant to this section, and to release any child who has sufficiently improved so
3416 that the director or his designee determines that commitment is no longer appropriate.
3417 (4) When the division receives legal custody of a child upon order of the court pursuant
3418 to this section, it may place the child in the physical custody of a local mental health authority.
3419 The local mental health authority shall carry out its responsibilities with regard to that child in
3420 accordance with the provisions of this part.
3421 Section 105. Section 62A-15-706 , which is renumbered from Section 62A-12-283.3 is
3422 renumbered and amended to read:
3423 [
3424 The division shall establish the position of a parent advocate to assist parents of mentally
3425 ill children who are subject to the procedures required by this part.
3426 Section 106. Section 62A-15-707 , which is renumbered from Section 62A-12-284 is
3427 renumbered and amended to read:
3428 [
3429 Exceptions -- Penalty.
3430 (1) Notwithstanding the provisions of Sections 63-2-101 through 63-2-909 , Government
3431 Records Access Management Act, all certificates, applications, records, and reports made for the
3432 purpose of this part that directly or indirectly identify a patient or former patient or an individual
3433 whose commitment has been sought under this part, shall be kept confidential and may not be
3434 disclosed by any person except as follows:
3435 (a) the individual identified consents after reaching 18 years of age;
3436 (b) the child's parent or legal guardian consents;
3437 (c) disclosure is necessary to carry out any of the provisions of this part; or
3438 (d) a court may direct, upon its determination that disclosure is necessary for the conduct
3439 of proceedings before it, and that failure to make the disclosure would be contrary to the public
3440 interest.
3441 (2) A person who violates any provision of this section is guilty of a class B misdemeanor.
3442 Section 107. Section 62A-15-708 , which is renumbered from Section 62A-12-285 is
3443 renumbered and amended to read:
3444 [
3445 Mechanical restraints may not be applied to a child unless it is determined, by the local
3446 mental health authority or its designee in conjunction with the child's current treating mental health
3447 professional, that they are required by the needs of that child. Every use of a mechanical restraint
3448 and the reasons for that use shall be made a part of the child's clinical record, under the signature
3449 of the local mental health authority, its designee, and the child's current treating mental health
3450 professional.
3451 Section 108. Section 62A-15-709 , which is renumbered from Section 62A-12-286 is
3452 renumbered and amended to read:
3453 [
3454 Any child committed in accordance with Section [
3455 to a writ of habeas corpus upon proper petition by himself or next of friend to the district court in
3456 the district in which he is detained.
3457 Section 109. Section 62A-15-710 , which is renumbered from Section 62A-12-287 is
3458 renumbered and amended to read:
3459 [
3460 privileges.
3461 (1) Subject to the specific rules of the division, and except to the extent that the local
3462 mental health authority or its designee, in conjunction with the child's current treating mental
3463 health professional, determines that it is necessary for the welfare of the person to impose
3464 restrictions, every child committed to the physical custody of a local mental health authority under
3465 Section [
3466 (a) communicate, by sealed mail or otherwise, with persons, including official agencies,
3467 inside or outside of the facility;
3468 (b) receive visitors; and
3469 (c) exercise his civil rights.
3470 (2) When any right of a child is limited or denied, the nature, extent, and reason for that
3471 limitation or denial shall be entered in the child's treatment record. Any continuing denial or
3472 limitation shall be reviewed every 30 days and shall also be entered in that treatment record.
3473 Notice of that continuing denial in excess of 30 days shall be sent to the division.
3474 (3) Notwithstanding any limitations authorized under this section on the right of
3475 communication, each child committed to the physical custody of a local mental health authority
3476 is entitled to communicate by sealed mail with his attorney, the local mental health authority, its
3477 designee, his current treating mental health professional, and the court, if commitment was court
3478 ordered. In no case may the child be denied a visit with the legal counsel or clergy of his choice.
3479 (4) Each local mental health authority shall provide appropriate and reasonable means and
3480 arrangements for informing children and their parents or legal guardians of their rights as provided
3481 in this part, and for assisting them in making and presenting requests for release.
3482 (5) All local mental health facilities shall post a statement, promulgated by the division,
3483 describing patient's rights under Utah law.
3484 Section 110. Section 62A-15-711 , which is renumbered from Section 62A-12-288 is
3485 renumbered and amended to read:
3486 [
3487 Every child is entitled to humane care and treatment and to medical care and treatment in
3488 accordance with the prevailing standards accepted in medical practice, psychiatric nursing practice,
3489 social work practice, and the practice of clinical psychology.
3490 Section 111. Section 62A-15-712 , which is renumbered from Section 62A-12-289 is
3491 renumbered and amended to read:
3492 [
3493 and Mental Health.
3494 (1) It is the responsibility of the division to [
3495 part are met and applied uniformly by local mental health authorities across the state.
3496 (2) Since it is the division's responsibility, under Section [
3497 contract with, review, approve, and oversee local mental health authority plans, and to withhold
3498 funds from local mental health authorities and public and private providers for contract
3499 noncompliance or misuse of public funds, the division shall:
3500 (a) require each local mental health authority to submit its plan to the division by May 1
3501 of each year;
3502 (b) conduct an annual program audit and review of each local mental health authority in
3503 the state, and its contract provider; and
3504 (c) provide a written report to the Health and Human Services Interim Committee on July
3505 1, 1996, and each year thereafter, and provide an oral report to that committee, as requested. That
3506 report shall provide information regarding:
3507 (i) the annual audit and review;
3508 (ii) the financial expenditures of each local mental health authority and its contract
3509 provider;
3510 (iii) the status of each local authority's and its contract provider's compliance with its plan,
3511 state statutes, and with the provisions of the contract awarded; and
3512 (iv) whether audit guidelines established pursuant to [
3513 Subsections 62A-15-713 (2)(a) and [
3514 criteria and assurances of appropriate expenditures of public funds.
3515 (3) The annual audit and review described in Subsection (2)(b) shall, in addition to items
3516 determined by the division to be necessary and appropriate, include a review and determination
3517 regarding whether public funds allocated to local mental health authorities are consistent with
3518 services rendered and outcomes reported by it or its contract provider, and whether each local
3519 mental health authority is exercising sufficient oversight and control over public funds allocated
3520 for mental health programs and services.
3521 (4) The Legislature may refuse to appropriate funds to the division upon the division's
3522 failure to comply with the provisions of this part.
3523 Section 112. Section 62A-15-713 , which is renumbered from Section 62A-12-289.1 is
3524 renumbered and amended to read:
3525 [
3526 Provisions.
3527 When the division contracts with a local mental health authority to provide mental health
3528 programs and services in accordance with the provision of this chapter and Title 17A, Chapter 3,
3529 Part 6, Local Mental Health Authorities, it shall ensure that those contracts include at least the
3530 following provisions:
3531 (1) that an independent auditor shall conduct any audit of the local mental health authority
3532 or its contract provider's programs or services, pursuant to the provisions of Title 51, Chapter 2,
3533 Audits of Political Subdivisions, Interlocal Organizations and Other Local Entities;
3534 (2) in addition to the requirements described in Title 51, Chapter 2, Audits of Political
3535 Subdivisions, Interlocal Organizations and Other Local Entities, the division:
3536 (a) shall prescribe guidelines and procedures, in accordance with those formulated by the
3537 state auditor pursuant to Section 67-3-1 , for auditing the compensation and expenses of officers,
3538 directors, and specified employees of the private contract provider, to assure the state that no
3539 personal benefit is gained from travel or other expenses; and
3540 (b) may prescribe specific items to be addressed by that audit, depending upon the
3541 particular needs or concerns relating to the local mental health authority or contract provider at
3542 issue;
3543 (3) the local mental health authority or its contract provider shall invite and include all
3544 funding partners in its auditor's pre- and exit conferences;
3545 (4) each member of the local mental health authority shall annually certify that he has
3546 received and reviewed the independent audit and has participated in a formal interview with the
3547 provider's executive officers;
3548 (5) requested information and outcome data will be provided to the division in the manner
3549 and within the timelines defined by the division;
3550 (6) all audit reports by state or county persons or entities concerning the local mental
3551 health authority or its contract provider shall be provided to the executive director of the
3552 department, the local mental health authority, and members of the contract provider's governing
3553 board; and
3554 (7) the local mental health authority or its contract provider will offer and provide mental
3555 health services to residents who are indigent and who meet state criteria for serious and persistent
3556 mental illness or severe emotional disturbance.
3557 Section 113. Section 62A-15-801 , which is renumbered from Section 62A-12-301 is
3558 renumbered and amended to read:
3559
3560 [
3561 provisions.
3562 The Interstate Compact on Mental Health is hereby enacted and entered into with all other
3563 jurisdictions that legally join in the compact, which is, in form, substantially as follows:
3564 INTERSTATE COMPACT ON MENTAL HEALTH The contracting states solemnly agree that:
3565
3566 The proper and expeditious treatment of the mentally ill can be facilitated by cooperative
3567 action, to the benefit of the patients, their families, and society as a whole. Further, the party states
3568 find that the necessity of and desirability of furnishing that care and treatment bears no primary
3569 relation to the residence or citizenship of the patient but that the controlling factors of community
3570 safety and humanitarianism require that facilities and services be made available for all who are
3571 in need of them. Consequently, it is the purpose of this compact and of the party states to provide
3572 the necessary legal and constitutional basis for commitment or other appropriate care and treatment
3573 of the mentally ill under a system that recognizes the paramount importance of patient welfare and
3574 to establish the responsibilities of the party states.
3575 The appropriate authority in this state for making determinations under this compact is the
3576 director of the division or his designee.
3577
3578 As used in this compact:
3579 (1) "After-care" means care, treatment, and services provided to a patient on convalescent
3580 status or conditional release.
3581 (2) "Institution" means any hospital, program, or facility maintained by a party state or
3582 political subdivision for the care and treatment of persons with a mental illness.
3583 (3) "Mental illness" means a psychiatric disorder as defined by the current Diagnostic and
3584 Statistical Manual of Mental Disorders, that substantially impairs a person's mental, emotional,
3585 behavioral, or related functioning to such an extent that he requires care and treatment for his own
3586 welfare, the welfare of others, or the community.
3587 (4) "Patient" means any person subject to or eligible, as determined by the laws of the
3588 sending state, for institutionalization or other care, treatment, or supervision pursuant to the
3589 provisions of this compact and constitutional due process requirements.
3590 (5) "Receiving state" means a party state to which a patient is transported pursuant to the
3591 provisions of the compact or to which it is contemplated that a patient may be sent.
3592 (6) "Sending state" means a party state from which a patient is transported pursuant to the
3593 provisions of the compact or from which it is contemplated that a patient may be sent.
3594 (7) "State" means any state, territory, or possession of the United States, the District of
3595 Columbia, and the Commonwealth of Puerto Rico.
3596
3597 (1) Whenever a person physically present in any party state is in need of
3598 institutionalization because of mental illness, he shall be eligible for care and treatment in an
3599 institution in that state, regardless of his residence, settlement, or citizenship qualifications.
3600 (2) Notwithstanding the provisions of Subsection (1) of this article, any patient may be
3601 transferred to an institution in another state whenever there are factors, based upon clinical
3602 determinations, indicating that the care and treatment of that patient would be facilitated or
3603 improved by that action. Any such institutionalization may be for the entire period of care and
3604 treatment or for any portion or portions thereof. The factors to be considered include the patient's
3605 full record with due regard for the location of the patient's family, the character of his illness and
3606 its probable duration, and other factors considered appropriate by authorities in the party state and
3607 the director of the division, or his designee.
3608 (3) No state is obliged to receive any patient pursuant to the provisions of Subsection (2)
3609 of this article unless the sending state has:
3610 (a) given advance notice of its intent to send the patient;
3611 (b) furnished all available medical and other pertinent records concerning the patient;
3612 (c) given the qualified medical or other appropriate clinical authorities of the receiving
3613 state an opportunity to examine the patient; and
3614 (d) determined that the receiving state agrees to accept the patient.
3615 (4) In the event that the laws of the receiving state establish a system of priorities for the
3616 admission of patients, an interstate patient under this compact shall receive the same priority as
3617 a local patient and shall be taken in the same order and at the same time that he would be taken if
3618 he were a local patient.
3619 (5) Pursuant to this compact, the determination as to the suitable place of
3620 institutionalization for a patient may be reviewed at any time and further transfer of the patient may
3621 be made as is deemed to be in the best interest of the patient, as determined by appropriate
3622 authorities in the receiving and sending states.
3623
3624 (1) Whenever, pursuant to the laws of the state in which a patient is physically present, it
3625 is determined that the patient should receive after-care or supervision, that care or supervision may
3626 be provided in the receiving state. If the medical or other appropriate clinical authorities who have
3627 responsibility for the care and treatment of the patient in the sending state believe that after-care
3628 in another state would be in the best interest of the patient and would not jeopardize the public
3629 safety, they shall request the appropriate authorities in the receiving state to investigate the
3630 desirability of providing the patient with after-care in the receiving state. That request for
3631 investigation shall be accompanied by complete information concerning the patient's intended
3632 place of residence and the identity of the person in whose charge the patient would be placed, the
3633 complete medical history of the patient, and other pertinent documents.
3634 (2) If the medical or other appropriate clinical authorities who have responsibility for the
3635 care and treatment of the patient in the sending state, and the appropriate authorities in the
3636 receiving state find that the best interest of the patient would be served, and if the public safety
3637 would not be jeopardized, the patient may receive after-care or supervision in the receiving state.
3638 (3) In supervising, treating, or caring for a patient on after-care pursuant to the terms of
3639 this article, a receiving state shall employ the same standards of visitation, examination, care, and
3640 treatment as for similar local patients.
3641
3642 Whenever a dangerous or potentially dangerous patient escapes from an institution in any
3643 party state, that state shall promptly notify all appropriate authorities both within and without the
3644 jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension
3645 of the escapee. Immediately upon the apprehension and identification of that patient, he shall be
3646 detained in the state where found, pending disposition in accordance with the laws of that state.
3647
3648 Accredited officers of any party state, upon the establishment of their authority and the
3649 identity of the patient, shall be permitted to transport any patient being moved pursuant to this
3650 compact through any and all states party to this compact, without interference.
3651
3652 (1) No person may be deemed a patient of more than one institution at any given time.
3653 Completion of transfer of any patient to an institution in a receiving state has the effect of making
3654 the person a patient of the institution in the receiving state.
3655 (2) The sending state shall pay all costs of and incidental to the transportation of any
3656 patient pursuant to this compact, but any two or more party states may, by making a specific
3657 agreement for that purpose, arrange for a different allocation of costs among themselves.
3658 (3) No provision of this compact may be construed to alter or affect any internal
3659 relationships among the departments, agencies, and officers of a party state, or between a party
3660 state and its subdivisions, as to the payment of costs or responsibilities.
3661 (4) Nothing in this compact may be construed to prevent any party state or any of its
3662 subdivisions from asserting any right against any person, agency, or other entity with regard to
3663 costs for which that party state or its subdivision may be responsible under this compact.
3664 (5) Nothing in this compact may be construed to invalidate any reciprocal agreement
3665 between a party state and a nonparty state relating to institutionalization, care, or treatment of the
3666 mentally ill, or any statutory authority under which those agreements are made.
3667
3668 (1) Nothing in this compact may be construed to abridge, diminish, or in any way impair
3669 the rights, duties, and responsibilities of any patient's guardian on his own behalf or with respect
3670 to any patient for whom he serves, except that when the transfer of a patient to another jurisdiction
3671 makes advisable the appointment of a supplemental or substitute guardian, a court of competent
3672 jurisdiction in the receiving state may make supplemental or substitute appointments. In that case,
3673 the court that appointed the previous guardian shall, upon being advised of the new appointment
3674 and upon the satisfactory completion of accounting and other acts as the court may require, relieve
3675 the previous guardian of power and responsibility to whatever extent is appropriate in the
3676 circumstances.
3677 However, in the case of any patient having settlement in the sending state, a court of
3678 competent jurisdiction in the sending state has the sole discretion to relieve a guardian appointed
3679 by it or to continue his power and responsibility, as it deems advisable. The court in the receiving
3680 state may, in its discretion, confirm or reappoint the person or persons previously serving as
3681 guardian in the sending state in lieu of making a supplemental or substitute appointment.
3682 (2) The term "guardian" as used in Subsection (1) of this article includes any guardian,
3683 trustee, legal committee, conservator, or other person or agency however denominated, who is
3684 charged by law with power to act for the person or property of a patient.
3685
3686 (1) No provision of this compact except Article V applies to any person institutionalized
3687 while under sentence in a penal or correctional institution, while subject to trial on a criminal
3688 charge, or whose institutionalization is due to the commission of an offense for which, in the
3689 absence of mental illness, he would be subject to incarceration in a penal or correctional
3690 institution.
3691 (2) To every extent possible, it shall be the policy of party states that no patient be placed
3692 or detained in any prison, jail, or lockup, but shall, with all expedition, be taken to a suitable
3693 institutional facility for mental illness.
3694
3695 (1) Each party state shall appoint a "compact administrator" who, on behalf of his state,
3696 shall act as general coordinator of activities under the compact in his state and receive copies of
3697 all reports, correspondence, and other documents relating to any patient processed under the
3698 compact by his state, either in the capacity of sending or receiving state. The compact
3699 administrator, or his designee, shall deal with all matters relating to the compact and patients
3700 processed under the compact. In this state the director of the division, or his designee shall act as
3701 the "compact administrator."
3702 (2) The compact administrators of the respective party states have power to promulgate
3703 reasonable rules and regulations as are necessary to carry out the terms and provisions of this
3704 compact. In this state, the division has authority to establish those rules in accordance with the
3705 Utah Administrative Rulemaking Act.
3706 (3) The compact administrator shall cooperate with all governmental departments,
3707 agencies, and officers in this state and its subdivisions in facilitating the proper administration of
3708 the compact and any supplementary agreement or agreements entered into by this state under the
3709 compact.
3710 (4) The compact administrator is hereby authorized and empowered to enter into
3711 supplementary agreements with appropriate officials of other states pursuant to Articles VII and
3712 XI of this compact. In the event that supplementary agreements require or contemplate the use of
3713 any institution or facility of this state or require or contemplate the provision of any service by this
3714 state, that agreement shall have no force unless approved by the director of the department or
3715 agency under whose jurisdiction the institution or facility is operated, or whose department or
3716 agency will be charged with the rendering of services.
3717 (5) The compact administrator may make or arrange for any payments necessary to
3718 discharge financial obligations imposed upon this state by the compact or by any supplementary
3719 agreement entered into under the compact.
3720
3721 Administrative authorities of any two or more party states may enter into supplementary
3722 agreements for the provision of any service or facility, or for the maintenance of any institution on
3723 a joint or cooperative basis whenever the states concerned find that those agreements will improve
3724 services, facilities, or institutional care and treatment of persons who are mentally ill. A
3725 supplementary agreement may not be construed to relieve a party state of any obligation that it
3726 otherwise would have under other provisions of this compact.
3727
3728 This compact has full force and effect in any state when it is enacted into law in that state.
3729 Thereafter, that state is a party to the compact with any and all states that have legally joined.
3730 A party state may withdraw from the compact by enacting a statute repealing the compact.
3731 Withdrawal takes effect one year after notice has been communicated officially and in writing to
3732 the compact administrators of all other party states. However, the withdrawal of a state does not
3733 change the status of any patient who has been sent to that state or sent out of that state pursuant
3734 to the compact.
3735
3736 This compact shall be liberally construed so as to effectuate its purposes. The provisions
3737 of this compact are severable, and if any phrase, clause, sentence or provision is declared to be
3738 contrary to the constitution of the United States or the applicability to any government, agency,
3739 person, or circumstance is held invalid, the validity of the remainder of this compact and its
3740 applicability to any government, agency, person, or circumstance shall not be affected thereby. If
3741 this compact is held to be contrary to the constitution of any party state the compact shall remain
3742 in full force and effect as to the remaining states and in full force and effect as to the state affected
3743 as to all severable matters.
3744 Section 114. Section 62A-15-802 , which is renumbered from Section 62A-12-302 is
3745 renumbered and amended to read:
3746 [
3747 All actions and proceedings taken under authority of this compact shall be in accordance
3748 with the procedures and constitutional requirements described in Part [
3749 Section 115. Section 62A-15-901 , which is renumbered from Section 62A-12-401 is
3750 renumbered and amended to read:
3751
3752 [
3753 The Utah Forensic Mental Health Facility is hereby established and shall be located on state
3754 land on the campus of the Utah State Hospital in Provo, Utah County.
3755 Section 116. Section 62A-15-902 , which is renumbered from Section 62A-12-402 is
3756 renumbered and amended to read:
3757 [
3758 (1) The forensic mental health facility shall be designed as a secure treatment facility. The
3759 department shall have primary responsibility to design the treatment environment. However, the
3760 department shall consult with the Department of Corrections on all matters that affect the ability
3761 to secure the facility, its residents, and staff.
3762 (2) (a) The forensic mental health facility shall be designed to separately accommodate the
3763 following populations:
3764 (i) prison inmates displaying mental illness, as defined in Section [
3765 62A-15-602 , necessitating treatment in a secure mental health facility;
3766 (ii) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation
3767 for mental illness under Title 77, Chapter 16a, Commitment and Treatment of Mentally Ill Persons;
3768 (iii) criminally adjudicated persons found guilty and mentally ill under Title 77, Chapter
3769 16a, Commitment and Treatment of Mentally Ill Persons, who are also mentally retarded;
3770 (iv) persons found by a court to be incompetent to proceed in accordance with Title 77,
3771 Chapter 15, Inquiry Into Sanity of Defendant, or not guilty by reason of insanity under Title 77,
3772 Chapter 14, Defenses; and
3773 (v) persons who are civilly committed to the custody of a local mental health authority
3774 in accordance with Title 62A, Chapter [
3775 Health Facilities, and who may not be properly supervised by the Utah State Hospital because of
3776 a lack of necessary security, as determined by the superintendent or his designee.
3777 (b) Placement of an offender in the forensic mental health facility under any category
3778 described in Subsection (2)(a)(ii), (iii), or (iv) shall be made on the basis of the offender's status
3779 as established by the court at the time of adjudication.
3780 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
3781 department shall make rules providing for the allocation of beds to the categories described in
3782 Subsection (2)(a).
3783 (3) The department shall:
3784 (a) own and operate the forensic mental health facility;
3785 (b) provide and supervise administrative and clinical staff; and
3786 (c) provide security staff who are trained both as psychiatric technicians and certified by
3787 the Department of Corrections to perform security responsibilities for the forensic mental health
3788 facility.
3789 Section 117. Section 62A-15-1001 , which is renumbered from Section 62A-12-501 is
3790 renumbered and amended to read:
3791
3792 [
3793 As used in this part:
3794 (1) "Attending physician" means a physician licensed to practice medicine in this state who
3795 has primary responsibility for the care and treatment of the declarant.
3796 (2) "Attorney-in-fact" means an adult properly appointed under this part to make mental
3797 health treatment decisions for a declarant under a declaration for mental health treatment.
3798 (3) "Incapable" means that, in the opinion of the court in a guardianship proceeding under
3799 Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to
3800 receive and evaluate information effectively or communicate decisions is impaired to such an
3801 extent that the person currently lacks the capacity to make mental health treatment decisions.
3802 (4) "Mental health facility" means the same as that term is defined in Section
3803 [
3804 (5) "Mental health treatment" means convulsive treatment, treatment with psychoactive
3805 medication, or admission to and retention in a facility for a period not to exceed 17 days.
3806 Section 118. Section 62A-15-1002 , which is renumbered from Section 62A-12-502 is
3807 renumbered and amended to read:
3808 [
3809 (1) An adult who is not incapable may make a declaration of preferences or instructions
3810 regarding his mental health treatment. The declaration may include, but is not limited to, consent
3811 to or refusal of specified mental health treatment.
3812 (2) A declaration for mental health treatment shall designate a capable adult to act as
3813 attorney-in-fact to make decisions about mental health treatment for the declarant. An alternative
3814 attorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unable
3815 or unwilling to act at any time. An attorney-in-fact who has accepted the appointment in writing
3816 may make decisions about mental health treatment on behalf of the declarant only when the
3817 declarant is incapable. The decisions shall be consistent with any instructions or desires the
3818 declarant has expressed in the declaration.
3819 (3) A declaration is effective only if it is signed by the declarant and two capable adult
3820 witnesses. The witnesses shall attest that the declarant is known to them, signed the declaration
3821 in their presence, appears to be of sound mind and is not under duress, fraud, or undue influence.
3822 Persons specified in Subsection [
3823 (4) A declaration becomes operative when it is delivered to the declarant's physician or
3824 other mental health treatment provider and remains valid until it expires or is revoked by the
3825 declarant. The physician or provider is authorized to act in accordance with an operative
3826 declaration when the declarant has been found to be incapable. The physician or provider shall
3827 continue to obtain the declarant's informed consent to all mental health treatment decisions if the
3828 declarant is capable of providing informed consent or refusal.
3829 (5) (a) An attorney-in-fact does not have authority to make mental health treatment
3830 decisions unless the declarant is incapable.
3831 (b) An attorney-in-fact is not, solely as a result of acting in that capacity, personally liable
3832 for the cost of treatment provided to the declarant.
3833 (c) Except to the extent that a right is limited by a declaration or by any federal law, an
3834 attorney-in-fact has the same right as the declarant to receive information regarding the proposed
3835 mental health treatment and to receive, review, and consent to disclosure of medical records
3836 relating to that treatment. This right of access does not waive any evidentiary privilege.
3837 (d) In exercising authority under the declaration, the attorney-in-fact shall act consistently
3838 with the instructions and desires of the declarant, as expressed in the declaration. If the declarant's
3839 desires are unknown, the attorney-in-fact shall act in what he, in good faith, believes to be the best
3840 interest of the declarant.
3841 (e) An attorney-in-fact is not subject to criminal prosecution, civil liability, or professional
3842 disciplinary action for any action taken in good faith pursuant to a declaration for mental health
3843 treatment.
3844 (6) (a) A declaration for mental health treatment remains effective for a period of three
3845 years or until revoked by the declarant. If a declaration for mental health treatment has been
3846 invoked and is in effect at the expiration of three years after its execution, the declaration remains
3847 effective until the declarant is no longer incapable.
3848 (b) The authority of a named attorney-in-fact and any alternative attorney-in-fact continues
3849 in effect as long as the declaration appointing the attorney-in-fact is in effect or until the
3850 attorney-in-fact has withdrawn.
3851 (7) A person may not be required to execute or to refrain from executing a declaration as
3852 a criterion for insurance, as a condition for receiving mental or physical health services, or as a
3853 condition of discharge from a facility.
3854 Section 119. Section 62A-15-1003 , which is renumbered from Section 62A-12-503 is
3855 renumbered and amended to read:
3856 [
3857 Provision of services contrary to declaration -- Revocation.
3858 (1) Upon being presented with a declaration, a physician shall make the declaration a part
3859 of the declarant's medical record. When acting under authority of a declaration, a physician shall
3860 comply with it to the fullest extent possible, consistent with reasonable medical practice, the
3861 availability of treatments requested, and applicable law. If the physician or other provider is
3862 unwilling at any time to comply with the declaration, the physician or provider shall promptly
3863 notify the declarant and the attorney-in-fact, and document the notification in the declarant's
3864 medical record.
3865 (2) A physician or provider may subject a declarant to intrusive treatment in a manner
3866 contrary to the declarant's wishes, as expressed in a declaration for mental health treatment if:
3867 (a) the declarant has been committed to the custody of a local mental health authority in
3868 accordance with Part [
3869 (b) in cases of emergency endangering life or health.
3870 (3) A declaration does not limit any authority provided in Part [
3871 custody, or admit or retain a person in the custody of a local mental health authority.
3872 (4) A declaration may be revoked in whole or in part by the declarant at any time so long
3873 as the declarant is not incapable. That revocation is effective when the declarant communicates
3874 the revocation to the attending physician or other provider. The attending physician or other
3875 provider shall note the revocation as part of the declarant's medical record.
3876 (5) A physician who administers or does not administer mental health treatment according
3877 to and in good faith reliance upon the validity of a declaration is not subject to criminal
3878 prosecution, civil liability, or professional disciplinary action resulting from a subsequent finding
3879 that a declaration is invalid.
3880 (6) None of the following persons may serve as an attorney-in-fact or as witnesses to the
3881 signing of a declaration:
3882 (a) the declarant's attending physician or mental health treatment provider, or an employee
3883 of that physician or provider;
3884 (b) an employee of the division; or
3885 (c) an employee of a local mental health authority or any organization that contracts with
3886 a local mental health authority.
3887 (7) An attorney-in-fact may withdraw by giving notice to the declarant. If a declarant is
3888 incapable, the attorney-in-fact may withdraw by giving notice to the attending physician or
3889 provider. The attending physician shall note the withdrawal as part of the declarant's medical
3890 record.
3891 Section 120. Section 62A-15-1004 , which is renumbered from Section 62A-12-504 is
3892 renumbered and amended to read:
3893 [
3894 A declaration for mental health treatment shall be in substantially the following form:
3895
3896 I, ________________________________, being an adult of sound mind, willfully and
3897 voluntarily make this declaration for mental health treatment, to be followed if it is determined by
3898 a court or by two physicians that my ability to receive and evaluate information effectively or to
3899 communicate my decisions is impaired to such an extent that I lack the capacity to refuse or
3900 consent to mental health treatment. "Mental heath treatment" means convulsive treatment,
3901 treatment with psychoactive medication, and admission to and retention in a mental health facility
3902 for a period up to 17 days.
3903 I understand that I may become incapable of giving or withholding informed consent for
3904 mental health treatment due to the symptoms of a diagnosed mental disorder. These symptoms
3905 may include:
3906
____________________________________________________________________________
3907 _____________________________________________________________________________
3908
3909 If I become incapable of giving or withholding informed consent for mental health
3910 treatment, my wishes regarding psychoactive medications are as follows:
3911 __________ I consent to the administration of the following medications:
3912
____________________________________________________________________________
3913 in the dosages:
3914 __________ considered appropriate by my attending physician.
3915 __________ approved by ________________________________________
3916 __________ as I hereby direct: ____________________________________
3917 __________ I do not consent to the administration of the following medications:
3918 ____________________________________________________________________________
3919 ____________________________________________________________________________
3920 ____________________________________________________________________________
3921
3922 If I become incapable of giving or withholding informed consent for mental health
3923 treatment, my wishes regarding convulsive treatment are as follows:
3924 __________ I consent to the administration of convulsive treatment of the following type:
3925 ______________________________________________, the number of treatments to be:
3926 __________ determined by my attending physician.
3927 __________ approved by _______________________________________
3928 __________ as follows: ________________________________________
3929 __________ I do not consent to the administration of convulsive treatment.
3930 My reasons for consenting to or refusing convulsive treatment are as follows;
3931 ____________________________________________________________________________
3932 ____________________________________________________________________________
3933 _____________________________________________________________________________
3934
3935 If I become incapable of giving or withholding informed consent for mental health
3936 treatment, my wishes regarding admission to and retention in a mental health facility are as
3937 follows:
3938 __________ I consent to being admitted to the following mental health facilities:
3939 ____________________________________________________________________________
3940 I may be retained in the facility for a period of time:
3941 __________ determined by my attending physician.
3942 __________ approved by _______________________________________
3943 __________ no longer than _____________________________________
3944 This directive cannot, by law, provide consent to retain me in a facility for more than 17 days.
3945
3946 ____________________________________________________________________________
3947 ____________________________________________________________________________
3948 _____________________________________________________________________________
3949
3950 I hereby appoint:
3951 NAME ________________________________________________
3952 ADDRESS _____________________________________________
3953 TELEPHONE # _________________________________________
3954 to act as my attorney-in-fact to make decisions regarding my mental health treatment if I become
3955 incapable of giving or withholding informed consent for that treatment.
3956 If the person named above refuses or is unable to act on my behalf, or if I revoke that
3957 person's authority to act as my attorney-in-fact, I authorize the following person to act as my
3958 alternative attorney-in-fact:
3959 NAME ________________________________________________
3960 ADDRESS _____________________________________________
3961 TELEPHONE # _________________________________________
3962 My attorney-in-fact is authorized to make decisions which are consistent with the wishes
3963 I have expressed in this declaration. If my wishes are not expressed, my attorney-in-fact is to act
3964 in good faith according to what he or she believes to be in my best interest.
3965
_________________________________________
3966 (Signature of Declarant/Date)
3967
3968 We affirm that the declarant is personally known to us, that the declarant signed or
3969 acknowledged the declarant's signature on this declaration for mental health treatment in our
3970 presence, that the declarant appears to be of sound mind and does not appear to be under duress,
3971 fraud, or undue influence. Neither of us is the person appointed as attorney-in-fact by this
3972 document, the attending physician, an employee of the attending physician, an employee of the
3973 Division of Substance Abuse and Mental Health within the Department of Human Services, an
3974 employee of a local mental health authority, or an employee of any organization that contracts with
3975 a local mental health authority.
3976 Witnessed By:
3977 _____________________________________ ______________________________________
3978 (Signature of Witness/Date) (Printed Name of Witness)
3979 _____________________________________ _______________________________________
3980 (Signature of Witness/Date) (Printed Name of Witness)
3981
3982 I accept this appointment and agree to serve as attorney-in-fact to make decisions about
3983 mental health treatment for the declarant. I understand that I have a duty to act consistently with
3984 the desires of the declarant as expressed in the declaration. I understand that this document gives
3985 me authority to make decisions about mental health treatment only while the declarant is incapable
3986 as determined by a court or two physicians. I understand that the declarant may revoke this
3987 appointment, or the declaration, in whole or in part, at any time and in any manner, when the
3988 declarant is not incapable.
3989 ____________________________________ _______________________________________
3990 (Signature of Attorney-in-fact/Date) (Printed name)
3991 ____________________________________ ________________________________________
3992 (Signature of Alternate Attorney-in-fact/Date) (Printed name)
3993
3994
3995 This is an important legal document. It is a declaration that allows, or disallows, mental
3996 health treatment. Before signing this document, you should know that:
3997 (1) this document allows you to make decisions in advance about three types of mental
3998 health treatment: psychoactive medication, convulsive therapy, and short-term (up to 17 days)
3999 admission to a mental health facility;
4000 (2) the instructions that you include in this declaration will be followed only if a court or
4001 two physicians believe that you are incapable of otherwise making treatment decisions. Otherwise,
4002 you will be considered capable to give or withhold consent for treatment;
4003 (3) you may also appoint a person as your attorney-in-fact to make these treatment
4004 decisions for you if you become incapable. The person you appoint has a duty to act consistently
4005 with your desires as stated in this document or, if not stated, to make decisions in accordance with
4006 what that person believes, in good faith, to be in your best interest. For the appointment to be
4007 effective, the person you appoint must accept the appointment in writing. The person also has the
4008 right to withdraw from acting as your attorney-in-fact at any time;
4009 (4) this document will continue in effect for a period of three years unless you become
4010 incapable of participating in mental health treatment decisions. If this occurs, the directive will
4011 continue in effect until you are no longer incapable;
4012 (5) you have the right to revoke this document in whole or in part, or the appointment of
4013 an attorney-in-fact, at any time you have not been determined to be incapable. YOU MAY NOT
4014 REVOKE THE DECLARATION OR APPOINTMENT WHEN YOU ARE CONSIDERED
4015 INCAPABLE BY A COURT OR TWO PHYSICIANS. A revocation is effective when it is
4016 communicated to your attending physician or other provider; and
4017 (6) if there is anything in this document that you do not understand, you should ask an
4018 attorney to explain it to you. This declaration is not valid unless it is signed by two qualified
4019 witnesses who are personally known to you and who are present when you sign or acknowledge
4020 your signature.
4021 Section 121. Section 63-25a-201 is amended to read:
4022 63-25a-201. Creation of council -- Membership -- Terms.
4023 (1) There is created within the governor's office the Utah Substance Abuse and
4024 Anti-Violence Coordinating Council.
4025 (2) The Utah Substance Abuse and Anti-Violence Coordinating Council comprises [
4026 25 voting members as follows:
4027 (a) the attorney general;
4028 (b) a county commissioner designated by the Utah Association of Counties;
4029 (c) the commissioner of public safety;
4030 (d) the director of the Division of Substance Abuse and Mental Health;
4031 (e) the state superintendent of public instruction;
4032 (f) the director of the Department of Health;
4033 [
4034 [
4035 [
4036 [
4037 [
4038 [
4039 [
4040 [
4041 (i) a member of the House of Representatives designated by the speaker;
4042 (ii) a member of the Senate designated by the president;
4043 (iii) a member of the judiciary designated by the chief justice of the Utah Supreme Court;
4044 (iv) a representative designated by the Utah League of Cities and Towns; and
4045 (v) a representative from the offices of minority affairs designated by the directors of those
4046 offices or a designee; and
4047 [
4048 (i) a representative of the Utah National Guard, appointed by the governor;
4049 (ii) one resident of the state who has been personally affected by domestic violence;
4050 (iii) one resident of the state who has been personally affected by gang violence;
4051 (iv) one resident of the state who has been personally affected by alcohol or other drug
4052 abuse; and
4053 (v) one citizen representative.
4054 Section 122. Section 63-25a-204 is amended to read:
4055 63-25a-204. Creation of committees -- Membership -- Terms.
4056 (1) There is created within the governor's office, the Justice Committee, the Treatment
4057 Committee, the Prevention Committee, and the Judiciary Committee.
4058 (2) The president of the Senate may designate a member of the Senate to serve on each
4059 committee for a four-year term.
4060 (3) The speaker of the House may designate a member of the House of Representatives
4061 to serve on each committee for a four-year term.
4062 (4) (a) The Justice Committee comprises a minimum of 15 voting members as follows:
4063 (i) the director of the Criminal Investigations Bureau of the Department of Public Safety
4064 or his designee;
4065 (ii) the following members designated to serve four-year terms:
4066 (A) a representative designated by the Utah Chiefs of Police Association;
4067 (B) a representative designated by the Utah Sheriff's Association;
4068 (C) a representative designated by the Statewide Association of Public Attorneys;
4069 (D) a representative designated by the Department of Commerce;
4070 (E) an assistant attorney general designated by the attorney general;
4071 (F) a representative designated by the commissioner of the Department of Public Safety;
4072 (G) a representative designated by the executive director of the Department of Corrections;
4073 (H) a representative designated by the director of the Division of Youth Corrections;
4074 (I) a district director of juvenile probation or his designee, designated by the presiding
4075 officer of the Judicial Council; and
4076 (J) a representative of adult probation and parole designated by the executive director of
4077 the Department of Corrections; and
4078 (iii) the following members appointed by the governor to serve four-year terms:
4079 (A) a representative from a drug task force within the state;
4080 (B) a representative of crime victims;
4081 (C) a gang intelligence officer; and
4082 (D) a school resource officer.
4083 (b) The following organizations may also designate a representative to be a voting member
4084 of the committee for a four-year term:
4085 (i) the Federal Bureau of Investigation;
4086 (ii) the United States Attorney's Office; and
4087 (iii) the Drug Enforcement Administration.
4088 (c) Additional committee members may be selected by a majority of the committee to
4089 serve as voting members for four-year terms.
4090 (5) (a) The Treatment Committee comprises a minimum of 17 voting members as follows:
4091 (i) a representative of an urban local substance abuse authority designated by the Utah
4092 Behavioral Healthcare Network;
4093 (ii) a representative of a rural local substance abuse authority designated by the Utah
4094 Behavioral Healthcare Network;
4095 (iii) a representative designated by the Division of Substance Abuse and Mental Health;
4096 (iv) a representative designated by the director of the Division of Youth Corrections;
4097 (v) a registered pharmacist designated by the Utah Pharmaceutical Association;
4098 (vi) a representative designated by the Utah Hospital and Health Systems Association;
4099 (vii) a licensed physician designated by the Utah Medical Association;
4100 (viii) a licensed psychologist designated by the Utah Psychological Association;
4101 (ix) a licensed social worker designated by the National Association of Social Workers
4102 (Utah Chapter);
4103 (x) a registered nurse designated by the Utah Nurses Association;
4104 (xi) a substance abuse counselor designated by the Utah Association of Alcohol and Drug
4105 Abuse Counselors;
4106 (xii) a representative designated by the Utah Association of Local Health Officers;
4107 (xiii) a domestic violence treatment professional appointed by the Domestic Violence
4108 Advisory Council;
4109 (xiv) a school counselor designated by the Utah School Counselors Association;
4110 (xv) an elementary school principal from a high risk school designated by the Utah
4111 Association of Elementary School Principals;
4112 (xvi) a secondary school principal from a high risk school designated by the Utah
4113 Association of Secondary School Principals; and
4114 (xvii) a representative designated by the executive director of the Department of
4115 Workforce Services.
4116 (b) Additional committee members may be selected by a majority of the committee.
4117 (c) Each committee member shall serve a four-year term.
4118 (6) (a) The Prevention Committee comprises a minimum of 18 voting members as follows:
4119 (i) the executive director of the Utah Council for Crime Prevention or his designee;
4120 (ii) a representative from the State Board of Regents;
4121 (iii) the president of the Utah Federation for Youth or his designee;
4122 (iv) the president of the state Parent Teacher Association or his designee;
4123 (v) the director of the Association of Youth Councils or his designee;
4124 (vi) the chair of the Coalition for Tobacco Free Utah or the chair's designee;
4125 (vii) the following members designated to serve four-year terms:
4126 (A) a representative designated by the director of the Division of Substance Abuse and
4127 Mental Health;
4128 (B) a representative designated by the state superintendent of public instruction, State
4129 Office of Education;
4130 (C) a representative designated by the executive director of the Department of Health;
4131 (D) a Safe and Drug-Free Schools program director from an urban school district,
4132 designated by the Utah School Superintendents Association;
4133 (E) a Safe and Drug-Free Schools program director from a rural school district, designated
4134 by the Utah School Superintendents Association;
4135 (F) a representative of an urban local substance abuse authority, designated by the Utah
4136 Behavioral Healthcare Network;
4137 (G) a representative designated by the commissioner of the Labor Commission;
4138 (H) a representative of a rural local substance abuse authority, designated by the Utah
4139 Behavioral Healthcare Network; and
4140 (I) a representative designated by the Utah Association of Local Health Officers; and
4141 (viii) the following members appointed by the governor to serve four-year terms:
4142 (A) a representative of the academic and research community who is knowledgeable in the
4143 field of substance abuse or violence prevention;
4144 (B) a representative of a community-based organization that provides services to children;
4145 and
4146 (C) one or more members of the religious community.
4147 (b) Additional committee members may be selected by a majority of the committee to
4148 serve as voting members for four-year terms.
4149 (7) (a) The Judiciary Committee comprises a minimum of 17 voting members as follows:
4150 (i) the following members designated by the presiding officer of the Judicial Council to
4151 serve four-year terms:
4152 (A) a juvenile court judge;
4153 (B) a district court judge;
4154 (C) an appellate court judge;
4155 (D) a justice court judge;
4156 (E) two court executives;
4157 (F) two court administrative officers;
4158 (G) a representative of court treatment or prevention programs; and
4159 (H) a guardian ad litem;
4160 (ii) the following members designated to serve four-year terms:
4161 (A) a representative designated by the director of the Division of Substance Abuse and
4162 Mental Health;
4163 (B) a defense attorney designated by the Utah State Bar;
4164 (C) a prosecuting attorney designated by the Utah Prosecution Council;
4165 (D) an assistant attorney general designated by the attorney general;
4166 (E) a director of pupil services from a local school district designated by the state
4167 superintendent of public instruction; and
4168 (F) a law-related education specialist designated by the state superintendent of public
4169 instruction; and
4170 (iii) a commander of a gang task force, or his designee, appointed by the governor to serve
4171 a four-year term.
4172 (b) In addition to the members designated under Subsection (7)(a), the presiding federal
4173 judge may designate a federal trial judge to be a voting member of the committee for a four-year
4174 term.
4175 (c) Additional committee members may be selected by a majority of the committee to
4176 serve as voting members for four-year terms.
4177 Section 123. Section 63-38-2 is amended to read:
4178 63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
4179 Appropriations based on current tax laws and not to exceed estimated revenues.
4180 (1) (a) The governor shall, within three days after the convening of the Legislature in the
4181 annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
4182 officer of each house of the Legislature together with a schedule for all of the proposed
4183 appropriations of the budget, clearly itemized and classified.
4184 (b) The budget message shall include a projection of estimated revenues and expenditures
4185 for the next fiscal year.
4186 (2) At least 34 days before the submission of any budget, the governor shall deliver a
4187 confidential draft copy of his proposed budget recommendations to the Office of the Legislative
4188 Fiscal Analyst.
4189 (3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
4190 revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
4191 (b) The budget may be accompanied by a separate document showing proposed
4192 expenditures and estimated revenues based on changes in state tax laws or rates.
4193 (4) The budget shall be accompanied by a statement showing:
4194 (a) the revenues and expenditures for the last fiscal year;
4195 (b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds
4196 of the state;
4197 (c) an estimate of the state's financial condition as of the beginning and the end of the
4198 period covered by the budget;
4199 (d) a complete analysis of lease with an option to purchase arrangements entered into by
4200 state agencies;
4201 (e) the recommendations for each state agency for new full-time employees for the next
4202 fiscal year; which recommendation should be provided also to the State Building Board under
4203 Subsection 63A-5-103 (2);
4204 (f) any explanation the governor may desire to make as to the important features of the
4205 budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
4206 revenue; and
4207 (g) the information detailing certain regulatory fee increases required by Section 63-38-3.2 .
4208 (5) The budget shall include an itemized estimate of the appropriations for:
4209 (a) the Legislative Department as certified to the governor by the president of the Senate
4210 and the speaker of the House;
4211 (b) the Executive Department;
4212 (c) the Judicial Department as certified to the governor by the state court administrator;
4213 (d) payment and discharge of the principal and interest of the indebtedness of the state [
4214
4215 (e) the salaries payable by the state under the Utah Constitution or under law for the lease
4216 agreements planned for the next fiscal year;
4217 (f) other purposes that are set forth in the Utah Constitution or under law; and
4218 (g) all other appropriations.
4219 (6) Deficits or anticipated deficits shall be included in the budget.
4220 (7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
4221 from the proper state officials, including public and higher education officials, all heads of
4222 executive and administrative departments and state institutions, bureaus, boards, commissions, and
4223 agencies expending or supervising the expenditure of the state moneys, and all institutions
4224 applying for state moneys and appropriations, itemized estimates of revenues and expenditures.
4225 The entities required by this Subsection (7)(a)(i) to submit itemized estimates of revenues and
4226 expenditures to the governor, shall also report to the Utah Information Technology Commission
4227 created in Title 63D, Chapter 1, Information Technology Act, before October 30 of each year. The
4228 report to the Information Technology Commission shall include the proposed information
4229 technology expenditures and objectives, the proposed appropriation requests and other sources of
4230 revenue necessary to fund the proposed expenditures and an analysis of:
4231 (A) the entity's need for appropriations for information technology;
4232 (B) how the entity's development of information technology coordinates with other state
4233 or local government entities;
4234 (C) any performance measures used by the entity for implementing information technology
4235 goals; and
4236 (D) any efforts to develop public/private partnerships to accomplish information
4237 technology goals.
4238 (ii) (A) The governor may also require other information under these guidelines and at
4239 times as the governor may direct.
4240 (B) These guidelines may include a requirement for program productivity and performance
4241 measures, where appropriate, with emphasis on outcome indicators.
4242 (b) The estimate for the Legislative Department as certified by the presiding officers of
4243 both houses shall be included in the budget without revision by the governor. Before preparing
4244 the estimates for the Legislative Department, the Legislature shall report to the Information
4245 Technology Commission the proposed information technology expenditures and objectives, the
4246 proposed appropriation requests and other sources of revenue necessary to fund the proposed
4247 expenditures, including an analysis of:
4248 (i) the Legislature's implementation of information technology goals;
4249 (ii) any coordination of information technology with other departments of state and local
4250 government;
4251 (iii) any efforts to develop public/private partnerships to accomplish information
4252 technology goals; and
4253 (iv) any performance measures used by the entity for implementing information technology
4254 goals.
4255 (c) The estimate for the Judicial Department, as certified by the state court administrator,
4256 shall also be included in the budget without revision, but the governor may make separate
4257 recommendations on it. Before preparing the estimates for the Judicial Department, the state court
4258 administrator shall report to the Information Technology Commission the proposed information
4259 technology expenditures and objectives, the proposed appropriation requests and other sources of
4260 revenue necessary to fund the proposed expenditures, including an analysis of:
4261 (i) the Judicial Department's information technology goals;
4262 (ii) coordination of information technology statewide between all courts;
4263 (iii) any efforts to develop public/private partnerships to accomplish information
4264 technology goals; and
4265 (iv) any performance measures used by the entity for implementing information technology
4266 goals.
4267 (d) Before preparing the estimates for the State Office of Education, the state
4268 superintendent shall report to the Information Technology Commission the proposed information
4269 technology expenditures and objectives, the proposed appropriation requests and other sources of
4270 revenue necessary to fund the proposed expenditures, including an analysis of:
4271 (i) the Office of Education's information technology goals;
4272 (ii) coordination of information technology statewide between all public schools;
4273 (iii) any efforts to develop public/private partnerships to accomplish information
4274 technology goals; and
4275 (iv) any performance measures used by the Office of Education for implementing
4276 information technology goals.
4277 (e) Before preparing the estimates for the state system of Higher Education, the
4278 commissioner shall report to the Information Technology Commission the proposed information
4279 technology expenditures and objectives, the proposed appropriation requests and other sources of
4280 revenue necessary to fund the proposed expenditures, including an analysis of:
4281 (i) Higher Education's information technology goals;
4282 (ii) coordination of information technology statewide within the state system of higher
4283 education;
4284 (iii) any efforts to develop public/private partnerships to accomplish information
4285 technology goals; and
4286 (iv) any performance measures used by the state system of higher education for
4287 implementing information technology goals.
4288 (f) The governor may require the attendance at budget meetings of representatives of
4289 public and higher education, state departments and institutions, and other institutions or individuals
4290 applying for state appropriations.
4291 (g) The governor may revise all estimates, except those relating to the Legislative
4292 Department, the Judicial Department, and those providing for the payment of principal and interest
4293 to the state debt and for the salaries and expenditures specified by the Utah Constitution or under
4294 the laws of the state.
4295 (8) The total appropriations requested for expenditures authorized by the budget may not
4296 exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal
4297 year.
4298 (9) If any item of the budget as enacted is held invalid upon any ground, the invalidity does
4299 not affect the budget itself or any other item in it.
4300 (10) (a) In submitting the budgets for the Departments of Health and Human Services and
4301 the Office of the Attorney General, the governor shall consider a separate recommendation in his
4302 budget for funds to be contracted to:
4303 (i) local mental health authorities under Section [
4304 (ii) local substance abuse authorities under Section [
4305 (iii) area agencies under Section 62A-3-104.2 ;
4306 (iv) programs administered directly by and for operation of the Divisions of Substance
4307 Abuse and Mental Health[
4308 (v) local health departments under Title 26A, Chapter 1, Local Health Departments; and
4309 (vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
4310 (b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
4311 shall consider an amount sufficient to grant local health departments, local mental health
4312 authorities, local substance abuse authorities, and area agencies the same percentage increase for
4313 wages and benefits that he includes in his budget for persons employed by the state.
4314 (c) If the governor does not include in his budget an amount sufficient to grant the increase
4315 described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason
4316 for not including that amount.
4317 (11) (a) In submitting the budget for the Division of Services for People with Disabilities,
4318 the Division of Child and Family Services, and the Division of Youth Corrections within the
4319 Department of Human Services, the governor shall consider an amount sufficient to grant
4320 employees of corporations that provide direct services under contract with those divisions, the
4321 same percentage increase for cost-of-living that he includes in his budget for persons employed
4322 by the state.
4323 (b) If the governor does not include in his budget an amount sufficient to grant the increase
4324 described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason
4325 for not including that amount.
4326 (12) (a) The Families, Agencies, and Communities Together Council may propose to the
4327 governor under Subsection 63-75-4 (4)(e) a budget recommendation for collaborative service
4328 delivery systems operated under Section 63-75-6.5 .
4329 (b) The Legislature may, through a specific program schedule, designate funds
4330 appropriated for collaborative service delivery systems operated under Section 63-75-6.5 .
4331 (13) The governor shall include in his budget the state's portion of the budget for the Utah
4332 Communications Agency Network established in Title 63C, Chapter 7, Utah Communications
4333 Agency Network Act.
4334 Section 124. Section 63-46b-1 is amended to read:
4335 63-46b-1. Scope and applicability of chapter.
4336 (1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
4337 superseding provisions of this chapter by explicit reference to this chapter, the provisions of this
4338 chapter apply to every agency of the state and govern:
4339 (a) all state agency actions that determine the legal rights, duties, privileges, immunities,
4340 or other legal interests of one or more identifiable persons, including all agency actions to grant,
4341 deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
4342 (b) judicial review of these actions.
4343 (2) This chapter does not govern:
4344 (a) the procedures for making agency rules, or the judicial review of those procedures or
4345 rules;
4346 (b) the issuance of any notice of a deficiency in the payment of a tax, the decision to waive
4347 penalties or interest on taxes, the imposition of and penalties or interest on taxes, or the issuance
4348 of any tax assessment, except that this chapter governs any agency action commenced by a
4349 taxpayer or by another person authorized by law to contest the validity or correctness of those
4350 actions;
4351 (c) state agency actions relating to extradition, to the granting of pardons or parole,
4352 commutations or terminations of sentences, or to the rescission, termination, or revocation of
4353 parole or probation, to the discipline of, resolution of grievances of, supervision of, confinement
4354 of, or the treatment of inmates or residents of any correctional facility, the Utah State Hospital, the
4355 Utah State Developmental Center, or persons in the custody or jurisdiction of the Division of
4356 Substance Abuse and Mental Health, or persons on probation or parole, or judicial review of those
4357 actions;
4358 (d) state agency actions to evaluate, discipline, employ, transfer, reassign, or promote
4359 students or teachers in any school or educational institution, or judicial review of those actions;
4360 (e) applications for employment and internal personnel actions within an agency
4361 concerning its own employees, or judicial review of those actions;
4362 (f) the issuance of any citation or assessment under Title 34A, Chapter 6, Utah
4363 Occupational Safety and Health Act, and Title 58, Chapter 55, Utah Construction Trades Licensing
4364 Act, except that this chapter governs any agency action commenced by the employer, licensee, or
4365 other person authorized by law to contest the validity or correctness of the citation or assessment;
4366 (g) state agency actions relating to management of state funds, the management and
4367 disposal of school and institutional trust land assets, and contracts for the purchase or sale of
4368 products, real property, supplies, goods, or services by or for the state, or by or for an agency of
4369 the state, except as provided in those contracts, or judicial review of those actions;
4370 (h) state agency actions under Title 7, Chapter 1, Article 3, Powers and Duties of
4371 Commissioner of Financial Institutions; and Title 7, Chapter 2, Possession of Depository
4372 Institution by Commissioner; Title 7, Chapter 19, Acquisition of Failing Depository Institutions
4373 or Holding Companies; and Title 63, Chapter 30, Utah Governmental Immunity Act, or judicial
4374 review of those actions;
4375 (i) the initial determination of any person's eligibility for unemployment benefits, the
4376 initial determination of any person's eligibility for benefits under Title 34A, Chapter 2, Workers'
4377 Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial
4378 determination of a person's unemployment tax liability;
4379 (j) state agency actions relating to the distribution or award of monetary grants to or
4380 between governmental units, or for research, development, or the arts, or judicial review of those
4381 actions;
4382 (k) the issuance of any notice of violation or order under Title 26, Chapter 8a, Utah
4383 Emergency Medical Services System Act; Title 19, Chapter 2, Air Conservation Act; Title 19,
4384 Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act; Title 19, Chapter
4385 5, Water Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19,
4386 Chapter 6, Part 4, Underground Storage Tank Act; or Title 19, Chapter 6, Part 7, Used Oil
4387 Management Act, except that this chapter governs any agency action commenced by any person
4388 authorized by law to contest the validity or correctness of the notice or order;
4389 (l) state agency actions, to the extent required by federal statute or regulation to be
4390 conducted according to federal procedures;
4391 (m) the initial determination of any person's eligibility for government or public assistance
4392 benefits;
4393 (n) state agency actions relating to wildlife licenses, permits, tags, and certificates of
4394 registration;
4395 (o) licenses for use of state recreational facilities; and
4396 (p) state agency actions under Title 63, Chapter 2, Government Records Access and
4397 Management Act, except as provided in Section 63-2-603 .
4398 (3) This chapter does not affect any legal remedies otherwise available to:
4399 (a) compel an agency to take action; or
4400 (b) challenge an agency's rule.
4401 (4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
4402 proceeding, or the presiding officer during an adjudicative proceeding from:
4403 (a) requesting or ordering conferences with parties and interested persons to:
4404 (i) encourage settlement;
4405 (ii) clarify the issues;
4406 (iii) simplify the evidence;
4407 (iv) facilitate discovery; or
4408 (v) expedite the proceedings; or
4409 (b) granting a timely motion to dismiss or for summary judgment if the requirements of
4410 Rule 12(b) or Rule 56, respectively, of the Utah Rules of Civil Procedure are met by the moving
4411 party, except to the extent that the requirements of those rules are modified by this chapter.
4412 (5) (a) Declaratory proceedings authorized by Section 63-46b-21 are not governed by this
4413 chapter, except as explicitly provided in that section.
4414 (b) Judicial review of declaratory proceedings authorized by Section 63-46b-21 are
4415 governed by this chapter.
4416 (6) This chapter does not preclude an agency from enacting rules affecting or governing
4417 adjudicative proceedings or from following any of those rules, if the rules are enacted according
4418 to the procedures outlined in Title 63, Chapter 46a, Utah Administrative Rulemaking Act, and if
4419 the rules conform to the requirements of this chapter.
4420 (7) (a) If the attorney general issues a written determination that any provision of this
4421 chapter would result in the denial of funds or services to an agency of the state from the federal
4422 government, the applicability of those provisions to that agency shall be suspended to the extent
4423 necessary to prevent the denial.
4424 (b) The attorney general shall report the suspension to the Legislature at its next session.
4425 (8) Nothing in this chapter may be interpreted to provide an independent basis for
4426 jurisdiction to review final agency action.
4427 (9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good cause
4428 shown, from lengthening or shortening any time period prescribed in this chapter, except those
4429 time periods established for judicial review.
4430 Section 125. Section 63-63a-7 is amended to read:
4431 63-63a-7. Intoxicated Driver Rehabilitation Account share of surcharge.
4432 The Division of Finance shall allocate 7.5% of the collected surcharge established in
4433 Section 63-63a-1 , but not to exceed the amount appropriated by the Legislature, to the Intoxicated
4434 Driver Rehabilitation Account established by Section [
4435 Section 126. Section 63-75-5 is amended to read:
4436 63-75-5. Steering committee -- Membership -- Duties.
4437 (1) As used in this section, "Council of Mental Health Programs" means a council
4438 consisting of all of the directors of Utah public mental health centers.
4439 (2) There is established a Families, Agencies, and Communities Together Steering
4440 Committee.
4441 (3) The steering committee shall include at least [
4442 (a) the director of the Division of Health Care Financing within the Department of Health;
4443 (b) a representative annually designated by the Council of Mental Health Programs;
4444 (c) the director of the Division of Substance Abuse and Mental Health within the
4445 Department of Human Services;
4446 (d) the director of the Division of Youth Corrections within the Department of Human
4447 Services;
4448 (e) the state director of special education;
4449 (f) the person responsible for programs for at risk students within the Utah State Office
4450 of Education, if that person is not the state director of special education;
4451 (g) the Juvenile Court Administrator;
4452 (h) a representative annually designated by substance abuse directors;
4453 (i) the director of the Division of Child and Family Services within the Department of
4454 Human Services;
4455 [
4456
4457 [
4458 [
4459 Association;
4460 [
4461 Council;
4462 [
4463 [
4464 of Workforce Services;
4465 [
4466 terms, who represent a statewide perspective on children and youth issues; and
4467 [
4468 through [
4469 (4) Additional members may be selected by a majority of the committee to serve as voting
4470 members for four-year terms.
4471 (5) (a) Except as required by Subsection (5)(b), as terms of current at-large committee
4472 members expire, the committee shall appoint each new member or reappointed member to a
4473 four-year term.
4474 (b) Notwithstanding the requirements of Subsection (5)(a), the committee shall, at the time
4475 of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large
4476 committee members are staggered so that approximately half of the at-large committee members
4477 are appointed every two years.
4478 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
4479 appointed for the unexpired term.
4480 (7) The members shall annually elect a chair and vice chair.
4481 (8) A majority of committee members are necessary to constitute a quorum and to transact
4482 the business of the committee.
4483 (9) (a) (i) Members who are not government employees may not receive compensation or
4484 benefits for their services, but may receive per diem and expenses incurred in the performance of
4485 the member's official duties at the rates established by the Division of Finance under Sections
4486 63A-3-106 and 63A-3-107 .
4487 (ii) Members may decline to receive per diem and expenses for their service.
4488 (b) (i) State government officer and employee members who do not receive salary, per
4489 diem, or expenses from their agency for their service may receive per diem and expenses incurred
4490 in the performance of their official duties from the committee at the rates established by the
4491 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
4492 (ii) State government officer and employee members may decline to receive per diem and
4493 expenses for their service.
4494 (c) (i) Local government members who do not receive salary, per diem, or expenses from
4495 the entity that they represent for their service may receive per diem and expenses incurred in the
4496 performance of their official duties at the rates established by the Division of Finance under
4497 Sections 63A-3-106 and 63A-3-107 .
4498 (ii) Local government members may decline to receive per diem and expenses for their
4499 service.
4500 (10) The committee shall:
4501 (a) assist the council in fulfilling its duties set out in Section 63-75-4 ;
4502 (b) monitor, solicit input for policy changes, and provide technical assistance to local
4503 collaborative programs; and
4504 (c) report any formal recommendations to the council.
4505 Section 127. Section 64-13-7.5 is amended to read:
4506 64-13-7.5. Persons in need of mental health services -- Contracts.
4507 (1) Except as provided for in Subsection (2), when the department determines that a person
4508 in its custody is in need of mental health services, the department shall contract with the Division
4509 of Substance Abuse and Mental Health, local mental health authorities, or the state hospital to
4510 provide mental health services for that person. Those services may be provided at the Utah State
4511 Hospital or in community programs provided by or under contract with the Division of Substance
4512 Abuse and Mental Health, a local mental health authority, or other public or private mental health
4513 care providers.
4514 (2) If the Division of Substance Abuse and Mental Health, a local mental health authority,
4515 or the state hospital notifies the department that it is unable to provide mental health services under
4516 Subsection (1), the department may contract with other public or private mental health care
4517 providers to provide mental health services for persons in its custody.
4518 (3) A person who provides mental health services for sex offender treatment as required
4519 in Section 64-13-6 shall be licensed as a mental health professional in accordance with Title 58,
4520 Chapter 60, Mental Health Professional Practice Act, or Title 58, Chapter 61, Psychologist
4521 Licensing Act, and exhibit competency to practice in the area of sex offender treatment based on
4522 education, training, and practice.
4523 Section 128. Section 76-5-412 is amended to read:
4524 76-5-412. Custodial sexual relations -- Custodial sexual misconduct -- Definitions --
4525 Penalties -- Defenses.
4526 (1) As used in this section:
4527 (a) "Actor" means:
4528 (i) a correctional officer, as defined in Section 53-13-104 ;
4529 (ii) a law enforcement officer, as defined in Section 53-13-103 ; or
4530 (iii) an employee of, or private provider or contractor for, the Department of Corrections
4531 or a county jail.
4532 (b) "Person in custody" means a person, either an adult 18 years of age or older, or a minor
4533 younger than 18 years of age, who is:
4534 (i) a prisoner, as defined in Section 76-5-101 , and includes a prisoner who is in the custody
4535 of the Department of Corrections created under Section 64-13-2 , but who is being housed at the
4536 Utah State Hospital established under Section [
4537 (ii) under correctional supervision, such as at a work release facility or as a parolee or
4538 probationer; or
4539 (iii) under lawful or unlawful arrest, either with or without a warrant.
4540 (c) "Private provider or contractor" means any person or entity that contracts with the
4541 Department of Corrections or with a county jail to provide services or functions that are part of the
4542 operation of the Department of Corrections or a county jail under state or local law.
4543 (2) (a) An actor commits custodial sexual relations if the actor commits any of the acts
4544 under Subsection (3):
4545 (i) under circumstances not amounting to commission of, or an attempt to commit, an
4546 offense under Subsection (6); and
4547 (ii) (A) the actor knows that the individual is a person in custody; or
4548 (B) a reasonable person in the actor's position should have known under the circumstances
4549 that the individual was a person in custody.
4550 (b) A violation of Subsection (2)(a) is a third degree felony, but if the person in custody
4551 is younger than 18 years of age, a violation of Subsection (2)(a) is a second degree felony.
4552 (c) If the act committed under this Subsection (2) amounts to an offense subject to a
4553 greater penalty under another provision of state law than is provided under this Subsection (2), this
4554 Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
4555 (3) Acts referred to in Subsection (2)(a) are:
4556 (a) having sexual intercourse with a person in custody;
4557 (b) engaging in any sexual act with a person in custody involving the genitals of one
4558 person and the mouth or anus of another person, regardless of the sex of either participant; or
4559 (c) causing the penetration, however slight, of the genital or anal opening of a person in
4560 custody by any foreign object, substance, instrument, or device, including a part of the human
4561 body, with the intent to cause substantial emotional or bodily pain to any person, regardless of the
4562 sex of any participant.
4563 (4) (a) An actor commits custodial sexual misconduct if the actor commits any of the acts
4564 under Subsection (5):
4565 (i) under circumstances not amounting to commission of, or an attempt to commit, an
4566 offense under Subsection (6); and
4567 (ii) (A) the actor knows that the individual is a person in custody; or
4568 (B) a reasonable person in the actor's position should have known under the circumstances
4569 that the individual was a person in custody.
4570 (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the person in custody
4571 is younger than 18 years of age, a violation of Subsection (4)(a) is a third degree felony.
4572 (c) If the act committed under this Subsection (4) amounts to an offense subject to a
4573 greater penalty under another provision of state law than is provided under this Subsection (4), this
4574 Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
4575 (5) Acts referred to in Subsection (4)(a) are the following acts when committed with the
4576 intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or
4577 gratify the sexual desire of any person, regardless of the sex of any participant:
4578 (a) touching the anus, buttocks, or any part of the genitals of a person in custody;
4579 (b) touching the breast of a female person in custody;
4580 (c) otherwise taking indecent liberties with a person in custody; or
4581 (d) causing a person in custody to take indecent liberties with the actor or another person.
4582 (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
4583 (a) Section 76-5-401 , unlawful sexual activity with a minor;
4584 (b) Section 76-5-402 , rape;
4585 (c) Section 76-5-402.1 , rape of a child;
4586 (d) Section 76-5-402.2 , object rape;
4587 (e) Section 76-5-402.3 , object rape of a child;
4588 (f) Section 76-5-403 , forcible sodomy;
4589 (g) Section 76-5-403.1 , sodomy on a child;
4590 (h) Section 76-5-404 , forcible sexual abuse;
4591 (i) Section 76-5-404.1 , sexual abuse of a child or aggravated sexual abuse of a child; or
4592 (j) Section 76-5-405 , aggravated sexual assault.
4593 (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
4594 under Subsection (2) or custodial sexual misconduct under Subsection (4), or an attempt to commit
4595 either of these offenses, if the person in custody is younger than 18 years of age, that the actor:
4596 (i) mistakenly believed the person in custody to be 18 years of age or older at the time of
4597 the alleged offense; or
4598 (ii) was unaware of the true age of the person in custody.
4599 (b) Consent of the person in custody is not a defense to any violation or attempted
4600 violation of Subsection (2) or (4).
4601 (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
4602 is the result of compulsion, as the defense is described in Subsection 76-2-302 (1).
4603 Section 129. Section 76-8-311.1 is amended to read:
4604 76-8-311.1. Secure areas -- Items prohibited -- Penalty.
4605 (1) In addition to the definitions in Section 76-10-501 , as used in this section:
4606 (a) "Correctional facility" has the same meaning as defined in Section 76-8-311.3 .
4607 (b) "Explosive" has the same meaning as defined for "explosive, chemical, or incendiary
4608 device" defined in Section 76-10-306 .
4609 (c) "Law enforcement facility" means a facility which is owned, leased, or operated by a
4610 law enforcement agency.
4611 (d) "Mental health facility" has the same meaning as defined in Section [
4612 62A-15-602 .
4613 (e) (i) "Secure area" means any area into which certain persons are restricted from
4614 transporting any firearm, ammunition, dangerous weapon, or explosive.
4615 (ii) A "secure area" may not include any area normally accessible to the public.
4616 (2) A person in charge of a correctional, law enforcement, or mental health facility may
4617 establish secure areas within the facility and may prohibit or control by rule any firearm,
4618 ammunition, dangerous weapon, or explosive.
4619 (3) At least one notice shall be prominently displayed at each entrance to an area in which
4620 a firearm, ammunition, dangerous weapon, or explosive is restricted.
4621 (4) Provisions shall be made to provide a secure weapons storage area so that persons
4622 entering the secure area may store their weapons prior to entering the secure area. The entity
4623 operating the facility shall be responsible for weapons while they are stored in the storage area.
4624 (5) It is a defense to any prosecution under this section that the accused, in committing the
4625 act made criminal by this section, acted in conformity with the facility's rule or policy established
4626 pursuant to this section.
4627 (6) (a) Any person who knowingly or intentionally transports into a secure area of a facility
4628 any firearm, ammunition, or dangerous weapon is guilty of a third degree felony.
4629 (b) Any person violates Section 76-10-306 who knowingly or intentionally transports,
4630 possesses, distributes, or sells any explosive in a secure area of a facility.
4631 Section 130. Section 76-8-311.3 is amended to read:
4632 76-8-311.3. Items prohibited in correctional and mental health facilities -- Penalties.
4633 (1) As used in this section:
4634 (a) "Contraband" means any item not specifically prohibited for possession by offenders
4635 under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
4636 (b) "Controlled substance" means any substance defined as a controlled substance under
4637 Title 58, Chapter 37, Utah Controlled Substances Act.
4638 (c) "Correctional facility" means:
4639 (i) any facility operated by or contracting with the Department of Corrections to house
4640 offenders in either a secure or nonsecure setting;
4641 (ii) any facility operated by a municipality or a county to house or detain criminal
4642 offenders;
4643 (iii) any juvenile detention facility; and
4644 (iv) any building or grounds appurtenant to the facility or lands granted to the state,
4645 municipality, or county for use as a correctional facility.
4646 (d) "Medicine" means any prescription drug as defined in Title 58, Chapter 17a, Pharmacy
4647 Practice Act, but does not include any controlled substances as defined in Title 58, Chapter 37,
4648 Utah Controlled Substances Act.
4649 (e) "Mental health facility" has the same meaning as defined in Section [
4650 62A-15-602 .
4651 (f) "Offender" means a person in custody at a correctional facility.
4652 (g) "Secure area" has the same meaning as provided in Section 76-8-311.1 .
4653 (2) Notwithstanding Section 76-10-500 , a correctional or mental health facility may provide
4654 by rule that no firearm, ammunition, dangerous weapon, implement of escape, explosive,
4655 controlled substance, spirituous or fermented liquor, medicine, or poison in any quantity may be:
4656 (a) transported to or upon a correctional or mental health facility;
4657 (b) sold or given away at any correctional or mental health facility;
4658 (c) given to or used by any offender at a correctional or mental health facility; or
4659 (d) knowingly or intentionally possessed at a correctional or mental health facility.
4660 (3) It is a defense to any prosecution under this section if the accused in committing the
4661 act made criminal by this section:
4662 (a) with respect to a correctional facility operated by the Department of Corrections, acted
4663 in conformity with departmental rule or policy;
4664 (b) with respect to a correctional facility operated by a municipality, acted in conformity
4665 with the policy of the municipality;
4666 (c) with respect to a correctional facility operated by a county, acted in conformity with
4667 the policy of the county; or
4668 (d) with respect to a mental health facility, acted in conformity with the policy of the
4669 mental health facility.
4670 (4) (a) Any person who transports to or upon a correctional facility, or into a secure area
4671 of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape
4672 with intent to provide or sell it to any offender, is guilty of a second degree felony.
4673 (b) Any person who provides or sells to any offender at a correctional facility, or any
4674 detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon,
4675 or implement of escape is guilty of a second degree felony.
4676 (c) Any offender who possesses at a correctional facility, or any detainee who possesses
4677 at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or
4678 implement of escape is guilty of a second degree felony.
4679 (d) Any person who, without the permission of the authority operating the correctional
4680 facility or the secure area of a mental health facility, knowingly possesses at a correctional facility
4681 or a secure area of a mental health facility any firearm, ammunition, dangerous weapon, or
4682 implement of escape is guilty of a third degree felony.
4683 (e) Any person violates Section 76-10-306 who knowingly or intentionally transports,
4684 possesses, distributes, or sells any explosive in a correctional facility or mental health facility.
4685 (5) (a) A person is guilty of a third degree felony who, without the permission of the
4686 authority operating the correctional facility or secure area of a mental health facility, knowingly
4687 transports to or upon a correctional facility or into a secure area of a mental health facility any:
4688 (i) spirituous or fermented liquor;
4689 (ii) medicine, whether or not lawfully prescribed for the offender; or
4690 (iii) poison in any quantity.
4691 (b) A person is guilty of a third degree felony who knowingly violates correctional or
4692 mental health facility policy or rule by providing or selling to any offender at a correctional facility
4693 or detainee within a secure area of a mental health facility any:
4694 (i) spirituous or fermented liquor;
4695 (ii) medicine, whether or not lawfully prescribed for the offender; or
4696 (iii) poison in any quantity.
4697 (c) An inmate is guilty of a third degree felony who, in violation of correctional or mental
4698 health facility policy or rule, possesses at a correctional facility or in a secure area of a mental
4699 health facility any:
4700 (i) spirituous or fermented liquor;
4701 (ii) medicine, other than medicine provided by the facility's health care providers in
4702 compliance with facility policy; or
4703 (iii) poison in any quantity.
4704 (d) A person is guilty of a class A misdemeanor who, without the permission of the
4705 authority operating the correctional or mental health facility, fails to declare or knowingly
4706 possesses at a correctional facility or in a secure area of a mental health facility any:
4707 (i) spirituous or fermented liquor;
4708 (ii) medicine; or
4709 (iii) poison in any quantity.
4710 (e) A person is guilty of a class B misdemeanor who, without the permission of the
4711 authority operating the facility, knowingly engages in any activity that would facilitate the
4712 possession of any contraband by an offender in a correctional facility.
4713 (f) Exemptions may be granted for worship for Native American inmates pursuant to
4714 Section 64-13-40 .
4715 (6) The possession, distribution, or use of a controlled substance at a correctional facility
4716 or in a secure area of a mental health facility shall be prosecuted in accordance with Title 58,
4717 Chapter 37, Utah Controlled Substances Act.
4718 Section 131. Section 76-10-1312 is amended to read:
4719 76-10-1312. Notice to offender of HIV positive test results.
4720 (1) A person convicted under Section 76-10-1302 , 76-10-1303 , or 76-10-1313 who has
4721 tested positive for the HIV infection shall be notified of the test results in person at the sentencing
4722 hearing in the presence of the judge and counsel only.
4723 (2) Whenever practicable, prior to notification in the district court, the offender shall be
4724 served personally with written notice by the local law enforcement agency at a meeting with a local
4725 law enforcement officer and a person from the state or county health department.
4726 (a) At that meeting, the offender shall be informed of the test results and counseled on HIV
4727 infection and its effects.
4728 (b) The local law enforcement agency shall arrange the time and place of notification and
4729 counseling.
4730 (3) The notice shall contain the following information:
4731 (a) the date of the test;
4732 (b) the positive test results;
4733 (c) the name of the HIV positive individual; and
4734 (d) the following language:
4735 "A person who has been convicted of prostitution under Section 76-10-1302 , patronizing
4736 a prostitute under Section 76-10-1303 , or sexual solicitation under Section 76-10-1313 after being
4737 tested and diagnosed as an HIV positive individual and receiving actual notice and personal written
4738 notice of the positive test results shall be guilty of a felony of the third degree pursuant to Section
4739 76-10-1309 ."
4740 (4) Upon conviction under Section 76-10-1309 , and as a condition of probation, the
4741 offender shall receive treatment and counseling for HIV infection and drug abuse as provided in
4742 Title 62A, Chapter [
4743 Section 132. Section 77-15-5 is amended to read:
4744 77-15-5. Order for hearing -- Stay of other proceedings -- Examinations of defendant
4745 -- Scope of examination and report.
4746 (1) When a petition is filed pursuant to Section 77-15-3 raising the issue of the defendant's
4747 competency to stand trial or when the court raises the issue of the defendant's competency pursuant
4748 to Section 77-15-4 , the court in which proceedings are pending shall stay all proceedings. If the
4749 proceedings are in a court other than the district court in which the petition is filed, the district
4750 court shall notify that court of the filing of the petition. The district court in which the petition is
4751 filed shall pass upon the sufficiency of the allegations of incompetency. If a petition is opposed
4752 by either party, the court shall, prior to granting or denying the petition, hold a limited hearing
4753 solely for the purpose of determining the sufficiency of the petition. If the court finds that the
4754 allegations of incompetency raise a bona fide doubt as to the defendant's competency to stand trial,
4755 it shall enter an order for a hearing on the mental condition of the person who is the subject of the
4756 petition.
4757 (2) (a) After the granting of a petition and prior to a full competency hearing, the court may
4758 order the Department of Human Services to examine the person and to report to the court
4759 concerning the defendant's mental condition.
4760 (b) The defendant shall be examined by at least two mental health experts not involved in
4761 the current treatment of the defendant.
4762 (c) If the issue is sufficiently raised in the petition or if it becomes apparent that the
4763 defendant may be incompetent due to mental retardation, at least one expert experienced in mental
4764 retardation assessment shall evaluate the defendant. Upon appointment of the experts, the
4765 petitioner or other party as directed by the court shall provide information and materials to the
4766 examiners relevant to a determination of the defendant's competency and shall provide copies of
4767 the charging document, arrest or incident reports pertaining to the charged offense, known criminal
4768 history information, and known prior mental health evaluations and treatments.
4769 (d) The court may make the necessary orders to provide the information listed in
4770 Subsection (2)(c) to the examiners.
4771 (3) During the examination under Subsection (2), unless the court or the executive director
4772 of the department directs otherwise, the defendant shall be retained in the same custody or status
4773 he was in at the time the examination was ordered.
4774 (4) The experts shall in the conduct of their examination and in their report to the court
4775 consider and address, in addition to any other factors determined to be relevant by the experts:
4776 (a) the defendant's present capacity to:
4777 (i) comprehend and appreciate the charges or allegations against him;
4778 (ii) disclose to counsel pertinent facts, events, and states of mind;
4779 (iii) comprehend and appreciate the range and nature of possible penalties, if applicable,
4780 that may be imposed in the proceedings against him;
4781 (iv) engage in reasoned choice of legal strategies and options;
4782 (v) understand the adversary nature of the proceedings against him;
4783 (vi) manifest appropriate courtroom behavior; and
4784 (vii) testify relevantly, if applicable;
4785 (b) the impact of the mental disorder, or mental retardation, if any, on the nature and
4786 quality of the defendant's relationship with counsel;
4787 (c) if psychoactive medication is currently being administered:
4788 (i) whether the medication is necessary to maintain the defendant's competency; and
4789 (ii) the effect of the medication, if any, on the defendant's demeanor and affect and ability
4790 to participate in the proceedings.
4791 (5) If the expert's opinion is that the defendant is incompetent to proceed, the expert shall
4792 indicate in the report:
4793 (a) which of the above factors contributes to the defendant's incompetency;
4794 (b) the nature of the defendant's mental disorder or mental retardation and its relationship
4795 to the factors contributing to the defendant's incompetency;
4796 (c) the treatment or treatments appropriate and available; and
4797 (d) the defendant's capacity to give informed consent to treatment to restore competency.
4798 (6) The experts examining the defendant shall provide an initial report to the court and the
4799 prosecuting and defense attorneys within 30 days of the receipt of the court's order. The report
4800 shall inform the court of the examiner's opinion concerning the competency of the defendant to
4801 stand trial, or, in the alternative, the examiner may inform the court in writing that additional time
4802 is needed to complete the report. If the examiner informs the court that additional time is needed,
4803 the examiner shall have up to an additional 30 days to provide the report to the court and counsel.
4804 The examiner must provide the report within 60 days from the receipt of the court's order unless,
4805 for good cause shown, the court authorizes an additional period of time to complete the
4806 examination and provide the report.
4807 (7) Any written report submitted by the experts shall:
4808 (a) identify the specific matters referred for evaluation;
4809 (b) describe the procedures, techniques, and tests used in the examination and the purpose
4810 or purposes for each;
4811 (c) state the expert's clinical observations, findings, and opinions on each issue referred
4812 for examination by the court, and indicate specifically those issues, if any, on which the expert
4813 could not give an opinion; and
4814 (d) identify the sources of information used by the expert and present the basis for the
4815 expert's clinical findings and opinions.
4816 (8) (a) Any statement made by the defendant in the course of any competency examination,
4817 whether the examination is with or without the consent of the defendant, any testimony by the
4818 expert based upon such statement, and any other fruits of the statement may not be admitted in
4819 evidence against the defendant in any criminal proceeding except on an issue respecting mental
4820 condition on which the defendant has introduced evidence. The evidence may be admitted,
4821 however, where relevant to a determination of the defendant's competency.
4822 (b) Prior to examining the defendant, examiners should specifically advise the defendant
4823 of the limits of confidentiality as provided under this Subsection (8).
4824 (9) When the report is received the court shall set a date for a mental hearing which shall
4825 be held in not less than five and not more than 15 days, unless the court enlarges the time for good
4826 cause. The hearing shall be conducted according to the procedures outlined in Subsections
4827 [
4828 department to conduct the examination may be subpoenaed to testify at the hearing. If the experts
4829 are in conflict as to the competency of the defendant, all experts should be called to testify at the
4830 hearing if reasonably available. The court may call any examiner to testify at the hearing who is
4831 not called by the parties. If the court calls an examiner, counsel for the parties may cross-examine
4832 the expert.
4833 (10) A person shall be presumed competent unless the court, by a preponderance of the
4834 evidence, finds the person incompetent to proceed. The burden of proof is upon the proponent of
4835 incompetency at the hearing. An adjudication of incompetency to proceed shall not operate as an
4836 adjudication of incompetency to give informed consent for medical treatment or for any other
4837 purpose, unless specifically set forth in the court order.
4838 (11) (a) If the court finds the defendant incompetent to stand trial, its order shall contain
4839 findings addressing each of the factors in Subsections 77-15-5 (4)(a) and (b). The order issued
4840 pursuant to Subsection 77-15-6 (1) which the court sends to the facility where the defendant is
4841 committed or to the person who is responsible for assessing his progress toward competency shall
4842 be provided contemporaneously with the transportation and commitment order of the defendant,
4843 unless exigent circumstances require earlier commitment in which case the court shall forward the
4844 order within five working days of the order of transportation and commitment of the defendant.
4845 (b) The order finding the defendant incompetent to stand trial shall be accompanied by:
4846 (i) copies of the reports of the experts filed with the court pursuant to the order of
4847 examination if not provided previously;
4848 (ii) copies of any of the psychiatric, psychological, or social work reports submitted to the
4849 court relative to the mental condition of the defendant; and
4850 (iii) any other documents made available to the court by either the defense or the
4851 prosecution, pertaining to the defendant's current or past mental condition.
4852 (12) If the court finds it necessary to order the defendant transported prior to the
4853 completion of findings and compilation of documents required under Subsection (11), the
4854 transportation and commitment order delivering the defendant to the Utah State Hospital, or other
4855 mental health facility as directed by the executive director of the Department of Human Services
4856 or his designee, shall indicate that the defendant's commitment is based upon a finding of
4857 incompetency, and the mental health facility's copy of the order shall be accompanied by the
4858 reports of any experts filed with the court pursuant to the order of examination. The executive
4859 director of the Department of Human Services or his designee may refuse to accept a defendant
4860 as a patient unless he is accompanied by a transportation and commitment order which is
4861 accompanied by the reports.
4862 (13) Upon a finding of incompetency to stand trial by the court, the prosecuting and
4863 defense attorneys shall provide information and materials relevant to the defendant's competency
4864 to the facility where the defendant is committed or to the person responsible for assessing his
4865 progress towards competency. In addition to any other materials, the prosecuting attorney shall
4866 provide:
4867 (a) copies of the charging document and supporting affidavits or other documents used in
4868 the determination of probable cause;
4869 (b) arrest or incident reports prepared by a law enforcement agency pertaining to the
4870 charged offense; and
4871 (c) information concerning the defendant's known criminal history.
4872 (14) The court may make any reasonable order to insure compliance with this section.
4873 (15) Failure to comply with this section shall not result in the dismissal of criminal
4874 charges.
4875 Section 133. Section 77-15-6 is amended to read:
4876 77-15-6. Commitment on finding of incompetency to stand trial -- Subsequent
4877 hearings -- Notice to prosecuting attorneys.
4878 (1) Except as provided in Subsection (5), if after hearing, the person is found to be
4879 incompetent to stand trial, the court shall order the defendant committed to the custody of the
4880 executive director of the Department of Human Services or his designee for the purpose of
4881 treatment intended to restore the defendant to competency. The court may recommend but not
4882 order placement of the defendant. The court may, however, order that the defendant be placed in
4883 a secure setting rather than a nonsecure setting. The director or his designee shall designate the
4884 specific placement of the defendant during the period of evaluation and treatment to restore
4885 competency.
4886 (2) The examiner or examiners designated by the executive director to assess the
4887 defendant's progress toward competency may not be involved in the routine treatment of the
4888 defendant. The examiner or examiners shall provide a full report to the court and prosecuting and
4889 defense attorneys within 90 days of receipt of the court's order. If any examiner is unable to
4890 complete the assessment within 90 days, that examiner shall provide to the court and counsel a
4891 summary progress report which informs the court that additional time is necessary to complete the
4892 assessment, in which case the examiner shall have up to an additional 90 days to provide the full
4893 report. The full report shall assess:
4894 (a) the facility's or program's capacity to provide appropriate treatment for the defendant;
4895 (b) the nature of treatments provided to the defendant;
4896 (c) what progress toward competency restoration has been made with respect to the factors
4897 identified by the court in its initial order;
4898 (d) the defendant's current level of mental disorder or mental retardation and need for
4899 treatment, if any; and
4900 (e) the likelihood of restoration of competency and the amount of time estimated to
4901 achieve it.
4902 (3) The court on its own motion or upon motion by either party or by the executive director
4903 may appoint additional mental health examiners to examine the defendant and advise the court on
4904 his current mental status and progress toward competency restoration.
4905 (4) Upon receipt of the full report, the court shall hold a hearing to determine the
4906 defendant's current status. At the hearing, the burden of proving that the defendant is competent
4907 is on the proponent of competency. Following the hearing, the court shall determine by a
4908 preponderance of evidence whether the defendant is:
4909 (a) competent to stand trial;
4910 (b) incompetent to stand trial with a substantial probability that the defendant may become
4911 competent in the foreseeable future; or
4912 (c) incompetent to stand trial without a substantial probability that the defendant may
4913 become competent in the foreseeable future.
4914 (5) (a) If the court enters a finding pursuant to Subsection (4)(a), the court shall proceed
4915 with the trial or such other procedures as may be necessary to adjudicate the charges.
4916 (b) If the court enters a finding pursuant to Subsection (4)(b), the court may order that the
4917 defendant remain committed to the custody of the executive director of the Department of Human
4918 Services or his designee for the purpose of treatment intended to restore the defendant to
4919 competency.
4920 (c) If the court enters a finding pursuant to Subsection (4)(c), the court shall order the
4921 defendant released from the custody of the director unless the prosecutor informs the court that
4922 commitment proceedings pursuant to Title 62A, Chapter 5, Services to People with Disabilities,
4923 or Title 62A, Chapter [
4924
4925 be initiated within seven days after the court's order entering the finding in Subsection (4)(c),
4926 unless the court enlarges the time for good cause shown. The defendant may be ordered to remain
4927 in the custody of the director until commitment proceedings have been concluded. If the defendant
4928 is committed, the court which entered the order pursuant to Subsection (4)(c), shall be notified by
4929 the director at least ten days prior to any release of the committed person.
4930 (6) If the defendant is recommitted to the department pursuant to Subsection (5)(b), the
4931 court shall hold a hearing one year following the recommitment.
4932 (7) At the hearing held pursuant to Subsection (6), except for defendants charged with the
4933 crimes listed in Subsection (8), a defendant who has not been restored to competency shall be
4934 ordered released or temporarily detained pending civil commitment proceedings under the same
4935 terms as provided in Subsection (5)(c).
4936 (8) If the defendant has been charged with aggravated murder, murder, attempted murder,
4937 manslaughter, or a first degree felony and the court determines that the defendant is making
4938 reasonable progress towards restoration of competency at the time of the hearing held pursuant to
4939 Subsection (6), the court may order the defendant recommitted for a period not to exceed 18
4940 months for the purpose of treatment to restore the defendant to competency with a mandatory
4941 review hearing at the end of the 18-month period.
4942 (9) Except for defendants charged with aggravated murder or murder, a defendant who has
4943 not been restored to competency at the time of the hearing held pursuant to Subsection (8) shall
4944 be ordered released or temporarily detained pending civil commitment proceedings under the same
4945 terms as provided in Subsection (5)(c).
4946 (10) If the defendant has been charged with aggravated murder or murder and the court
4947 determines that he is making reasonable progress towards restoration of competency at the time
4948 of the mandatory review hearing held pursuant to Subsection (8), the court may order the defendant
4949 recommitted for a period not to exceed 36 months for the purpose of treatment to restore him to
4950 competency.
4951 (11) If the defendant is recommitted to the department pursuant to Subsection (10), the
4952 court shall hold a hearing no later than at 18-month intervals following the recommitment for the
4953 purpose of determining the defendant's competency status.
4954 (12) A defendant who has not been restored to competency at the expiration of the
4955 additional 36-month commitment period ordered pursuant to Subsection (10) shall be ordered
4956 released or temporarily detained pending civil commitment proceedings under the same terms as
4957 provided in Subsection (5)(c).
4958 (13) In no event may the maximum period of detention under this section exceed the
4959 maximum period of incarceration which the defendant could receive if he were convicted of the
4960 charged offense. This Subsection (13) does not preclude pursuing involuntary civil commitment
4961 nor does it place any time limit on civil commitments.
4962 (14) Neither release from a pretrial incompetency commitment under the provisions of this
4963 section nor civil commitment requires dismissal of criminal charges. The court may retain
4964 jurisdiction over the criminal case and may order periodic reviews to assess the defendant's
4965 competency to stand trial.
4966 (15) A defendant who is civilly committed pursuant to Title 62A, Chapter 5, Services to
4967 People with Disabilities, or Title 62A, Chapter [
4968 [
4969 to stand trial under this chapter.
4970 (16) (a) The remedy for a violation of the time periods specified in this section, other than
4971 those specified in Subsection (5)(c), (7), (9), (12), or (13), shall be a motion to compel the hearing,
4972 or mandamus, but not release from detention or dismissal of the criminal charges.
4973 (b) The remedy for a violation of the time periods specified in Subsection (5)(c), (7), (9),
4974 (12), or (13) shall not be dismissal of the criminal charges.
4975 (17) In cases in which the treatment of the defendant is precluded by court order for a
4976 period of time, that time period may not be considered in computing time limitations under this
4977 section.
4978 (18) At any time that the defendant becomes competent to stand trial, the clinical director
4979 of the hospital or other facility or the executive director of the Department of Human Services shall
4980 certify that fact to the court. The court shall conduct a hearing within 15 working days of the
4981 receipt of the clinical director's or executive director's report, unless the court enlarges the time for
4982 good cause.
4983 (19) The court may order a hearing or rehearing at any time on its own motion or upon
4984 recommendations of the clinical director of the hospital or other facility or the executive director
4985 of the Department of Human Services.
4986 (20) Notice of a hearing on competency to stand trial shall be given to the prosecuting
4987 attorney. If the hearing is held in the county where the defendant is confined, notice shall also be
4988 given to the prosecuting attorney for that county.
4989 Section 134. Section 77-16a-202 is amended to read:
4990 77-16a-202. Person found guilty and mentally ill -- Commitment to department --
4991 Admission to Utah State Hospital.
4992 (1) In sentencing and committing a mentally ill offender to the department under
4993 Subsection 77-16a-104 (3)(a), the court shall:
4994 (a) sentence the offender to a term of imprisonment and order that he be committed to the
4995 department and admitted to the Utah State Hospital for care and treatment until transferred to UDC
4996 in accordance with Sections 77-16a-203 and 77-16a-204 , making provision for readmission to the
4997 Utah State Hospital whenever the requirements and conditions of Section 77-16a-204 are met; or
4998 (b) sentence the offender to a term of imprisonment and order that he be committed to the
4999 department for care and treatment for no more than 18 months, or until the offender's condition
5000 has been stabilized to the point that commitment to the department and admission to the Utah State
5001 Hospital is no longer necessary to ensure adequate mental health treatment, whichever occurs first.
5002 At the expiration of that time, the court may recall the sentence and commitment, and resentence
5003 the offender. A commitment and retention of jurisdiction under this Subsection (1)(b) shall be
5004 specified in the sentencing order. If that specification is not included in the sentencing order, the
5005 offender shall be committed in accordance with Subsection (1)(a).
5006 (2) The court may not retain jurisdiction, under Subsection (1)(b), over the sentence of a
5007 mentally ill offender who has been convicted of a capital felony. In capital cases, the court shall
5008 make the findings required by this section after the capital sentencing proceeding mandated by
5009 Section 76-3-207 .
5010 (3) When an offender is committed to the department and admitted to the Utah State
5011 Hospital under Subsection (1)(b), the department shall provide the court with reports of the
5012 offender's mental health status every six months. Those reports shall be prepared in accordance
5013 with the requirements of Section 77-16a-203 . Additionally, the court may appoint an independent
5014 examiner to assess the mental health status of the offender.
5015 (4) The period of commitment to the department and admission to the Utah State Hospital,
5016 and any subsequent retransfers to the Utah State Hospital made pursuant to Section 77-16a-204
5017 may not exceed the maximum sentence imposed by the court. Upon expiration of that sentence,
5018 the administrator of the facility where the offender is located may initiate civil proceedings for
5019 involuntary commitment in accordance with Title 62A, Chapter 5, Services to People with
5020 Disabilities, or Title 62A, Chapter [
5021
5022 Section 135. Section 77-16a-204 is amended to read:
5023 77-16a-204. UDC acceptance of transfer of guilty and mentally ill persons --
5024 Retransfer from UDC to department for admission to the Utah State Hospital.
5025 (1) The UDC medical administrator shall designate a transfer team of at least three
5026 qualified staff members, including at least one licensed psychiatrist, to evaluate the
5027 recommendation made by the department's review team pursuant to Section 77-16a-203 . If the
5028 offender is mentally retarded, the transfer team shall include at least one person who has expertise
5029 in testing and diagnosis of mentally retarded individuals.
5030 (2) The transfer team shall concur in the recommendation if it determines that UDC can
5031 provide the mentally ill offender with adequate mental health treatment.
5032 (3) The UDC transfer team and medical administrator shall recommend the facility in
5033 which the offender should be placed and the treatment to be provided in order for his mental
5034 condition to remain stabilized to the director of the Division of Institutional Operations, within the
5035 Department of Corrections.
5036 (4) In the event that the department and UDC do not agree on the transfer of a mentally
5037 ill offender, the administrator of the mental health facility where the offender is located shall notify
5038 the mental health adviser for the board, in writing, of the dispute. The mental health adviser shall
5039 be provided with copies of all reports and recommendations. The board's mental health adviser
5040 shall make a recommendation to the board on the transfer and the board shall issue its decision
5041 within 30 days.
5042 (5) UDC shall notify the board whenever a mentally ill offender is transferred from the
5043 department to UDC.
5044 (6) When a mentally ill offender sentenced under Section 77-16a-202 , who has been
5045 transferred from the department to UDC, and accepted by UDC, is evaluated and it is determined
5046 that the offender's mental condition has deteriorated or that the offender has become mentally
5047 unstable, the offender may be readmitted to the Utah State Hospital in accordance with the findings
5048 and procedures described in Subsections [
5049 (7) Any person readmitted to the Utah State Hospital pursuant to Subsection (6) shall
5050 remain in the custody of UDC, and the state hospital shall act solely as the agent of UDC.
5051 (8) A mentally ill offender who has been readmitted to the Utah State Hospital pursuant
5052 to Subsection (6) shall be transferred back to UDC in accordance with the provisions of Section
5053 77-16a-203 .
5054 Section 136. Section 77-16a-302 is amended to read:
5055 77-16a-302. Persons found not guilty by reason of insanity -- Disposition.
5056 (1) Upon a verdict of not guilty by reason of insanity, the court shall conduct a hearing
5057 within ten days to determine whether the defendant is currently mentally ill. The defense counsel
5058 and prosecutors may request further evaluations and present testimony from those examiners.
5059 (2) After the hearing and upon consideration of the record, the court shall order the
5060 defendant committed to the department if it finds by clear and convincing evidence that:
5061 (a) the defendant is still mentally ill; and
5062 (b) because of that mental illness the defendant presents a substantial danger to himself
5063 or others.
5064 (3) The period of commitment described in Subsection (2) may not exceed the period for
5065 which the defendant could be incarcerated had he been convicted and received the maximum
5066 sentence for the crime of which he was accused. At the time that period expires, involuntary civil
5067 commitment proceedings may be instituted in accordance with Title 62A, Chapter [
5068 Substance Abuse and Mental Health Act.
5069 Section 137. Section 77-18-1 is amended to read:
5070 77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation -- Supervision
5071 -- Presentence investigation -- Standards -- Confidentiality -- Terms and conditions --
5072 Restitution -- Termination, revocation, modification, or extension -- Hearings -- Electronic
5073 monitoring.
5074 (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea in
5075 abeyance agreement, the court may hold the plea in abeyance as provided in Title 77, Chapter 2a,
5076 Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
5077 (2) (a) On a plea of guilty, guilty and mentally ill, no contest, or conviction of any crime
5078 or offense, the court may suspend the imposition or execution of sentence and place the defendant
5079 on probation. The court may place the defendant:
5080 (i) on probation under the supervision of the Department of Corrections except in cases
5081 of class C misdemeanors or infractions;
5082 (ii) on probation with an agency of local government or with a private organization; or
5083 (iii) on bench probation under the jurisdiction of the sentencing court.
5084 (b) (i) The legal custody of all probationers under the supervision of the department is with
5085 the department.
5086 (ii) The legal custody of all probationers under the jurisdiction of the sentencing court is
5087 vested as ordered by the court.
5088 (iii) The court has continuing jurisdiction over all probationers.
5089 (3) (a) The department shall establish supervision and presentence investigation standards
5090 for all individuals referred to the department. These standards shall be based on:
5091 (i) the type of offense;
5092 (ii) the demand for services;
5093 (iii) the availability of agency resources;
5094 (iv) the public safety; and
5095 (v) other criteria established by the department to determine what level of services shall
5096 be provided.
5097 (b) Proposed supervision and investigation standards shall be submitted to the Judicial
5098 Council and the Board of Pardons and Parole on an annual basis for review and comment prior to
5099 adoption by the department.
5100 (c) The Judicial Council and the department shall establish procedures to implement the
5101 supervision and investigation standards.
5102 (d) The Judicial Council and the department shall annually consider modifications to the
5103 standards based upon criteria in Subsection (3)(a) and other criteria as they consider appropriate.
5104 (e) The Judicial Council and the department shall annually prepare an impact report and
5105 submit it to the appropriate legislative appropriations subcommittee.
5106 (4) Notwithstanding other provisions of law, the department is not required to supervise
5107 the probation of persons convicted of class B or C misdemeanors or infractions or to conduct
5108 presentence investigation reports on class C misdemeanors or infractions. However, the
5109 department may supervise the probation of class B misdemeanants in accordance with department
5110 standards.
5111 (5) (a) Prior to the imposition of any sentence, the court may, with the concurrence of the
5112 defendant, continue the date for the imposition of sentence for a reasonable period of time for the
5113 purpose of obtaining a presentence investigation report from the department or information from
5114 other sources about the defendant.
5115 (b) The presentence investigation report shall include a victim impact statement describing
5116 the effect of the crime on the victim and the victim's family. The victim impact statement shall:
5117 (i) identify all victims of the offense;
5118 (ii) include a specific statement of the recommended amount of complete restitution as
5119 defined in Subsection 76-3-201 (4), accompanied by a recommendation from the department
5120 regarding the payment of court-ordered restitution as defined in Subsection 76-3-201 (4) by the
5121 defendant;
5122 (iii) identify any physical injury suffered by the victim as a result of the offense along with
5123 its seriousness and permanence;
5124 (iv) describe any change in the victim's personal welfare or familial relationships as a
5125 result of the offense;
5126 (v) identify any request for psychological services initiated by the victim or the victim's
5127 family as a result of the offense; and
5128 (vi) contain any other information related to the impact of the offense upon the victim or
5129 the victim's family and any information required by Section 77-38a-203 that is relevant to the trial
5130 court's sentencing determination.
5131 (c) The presentence investigation report shall include a specific statement of pecuniary
5132 damages, accompanied by a recommendation from the department regarding the payment of
5133 restitution with interest by the defendant in accordance with Subsection 76-3-201 (4).
5134 (d) The contents of the presentence investigation report, including any diagnostic
5135 evaluation report ordered by the court under Section 76-3-404 , are protected and are not available
5136 except by court order for purposes of sentencing as provided by rule of the Judicial Council or for
5137 use by the department.
5138 (6) (a) The department shall provide the presentence investigation report to the defendant's
5139 attorney, or the defendant if not represented by counsel, the prosecutor, and the court for review,
5140 three working days prior to sentencing. Any alleged inaccuracies in the presentence investigation
5141 report, which have not been resolved by the parties and the department prior to sentencing, shall
5142 be brought to the attention of the sentencing judge, and the judge may grant an additional ten
5143 working days to resolve the alleged inaccuracies of the report with the department. If after ten
5144 working days the inaccuracies cannot be resolved, the court shall make a determination of
5145 relevance and accuracy on the record.
5146 (b) If a party fails to challenge the accuracy of the presentence investigation report at the
5147 time of sentencing, that matter shall be considered to be waived.
5148 (7) At the time of sentence, the court shall receive any testimony, evidence, or information
5149 the defendant or the prosecuting attorney desires to present concerning the appropriate sentence.
5150 This testimony, evidence, or information shall be presented in open court on record and in the
5151 presence of the defendant.
5152 (8) While on probation, and as a condition of probation, the court may require that the
5153 defendant:
5154 (a) perform any or all of the following:
5155 (i) pay, in one or several sums, any fine imposed at the time of being placed on probation;
5156 (ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;
5157 (iii) provide for the support of others for whose support he is legally liable;
5158 (iv) participate in available treatment programs;
5159 (v) serve a period of time, not to exceed one year, in a county jail designated by the
5160 department, after considering any recommendation by the court as to which jail the court finds
5161 most appropriate;
5162 (vi) serve a term of home confinement, which may include the use of electronic
5163 monitoring;
5164 (vii) participate in compensatory service restitution programs, including the compensatory
5165 service program provided in Section 78-11-20.7 ;
5166 (viii) pay for the costs of investigation, probation, and treatment services;
5167 (ix) make restitution or reparation to the victim or victims with interest in accordance with
5168 Subsection 76-3-201 (4); and
5169 (x) comply with other terms and conditions the court considers appropriate; and
5170 (b) if convicted on or after May 5, 1997:
5171 (i) complete high school classwork and obtain a high school graduation diploma, a GED
5172 certificate, or a vocational certificate at the defendant's own expense if the defendant has not
5173 received the diploma, GED certificate, or vocational certificate prior to being placed on probation;
5174 or
5175 (ii) provide documentation of the inability to obtain one of the items listed in Subsection
5176 (8)(b)(i) because of:
5177 (A) a diagnosed learning disability; or
5178 (B) other justified cause.
5179 (9) The department shall collect and disburse the account receivable as defined by Section
5180 76-3-201.1 , with interest and any other costs assessed under Section 64-13-21 during:
5181 (a) the parole period and any extension of that period in accordance with Subsection
5182 77-27-6 (4); and
5183 (b) the probation period in cases for which the court orders supervised probation and any
5184 extension of that period by the department in accordance with Subsection 77-18-1 (10).
5185 (10) (a) (i) Probation may be terminated at any time at the discretion of the court or upon
5186 completion without violation of 36 months probation in felony or class A misdemeanor cases, or
5187 12 months in cases of class B or C misdemeanors or infractions.
5188 (ii) (A) If, upon expiration or termination of the probation period under Subsection
5189 (10)(a)(i), there remains an unpaid balance upon the account receivable as defined in Section
5190 76-3-201.1 , the court may retain jurisdiction of the case and continue the defendant on bench
5191 probation for the limited purpose of enforcing the payment of the account receivable.
5192 (B) In accordance with Section 77-18-6 , the court shall record in the registry of civil
5193 judgments any unpaid balance not already recorded and immediately transfer responsibility to
5194 collect the account to the Office of State Debt Collection.
5195 (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
5196 own motion, the court may require the defendant to show cause why his failure to pay should not
5197 be treated as contempt of court.
5198 (b) (i) The department shall notify the sentencing court, the Office of State Debt
5199 Collection, and the prosecuting attorney in writing in advance in all cases when termination of
5200 supervised probation will occur by law.
5201 (ii) The notification shall include a probation progress report and complete report of details
5202 on outstanding accounts receivable.
5203 (11) (a) (i) Any time served by a probationer outside of confinement after having been
5204 charged with a probation violation and prior to a hearing to revoke probation does not constitute
5205 service of time toward the total probation term unless the probationer is exonerated at a hearing
5206 to revoke the probation.
5207 (ii) Any time served in confinement awaiting a hearing or decision concerning revocation
5208 of probation does not constitute service of time toward the total probation term unless the
5209 probationer is exonerated at the hearing.
5210 (b) The running of the probation period is tolled upon the filing of a violation report with
5211 the court alleging a violation of the terms and conditions of probation or upon the issuance of an
5212 order to show cause or warrant by the court.
5213 (12) (a) (i) Probation may not be modified or extended except upon waiver of a hearing
5214 by the probationer or upon a hearing and a finding in court that the probationer has violated the
5215 conditions of probation.
5216 (ii) Probation may not be revoked except upon a hearing in court and a finding that the
5217 conditions of probation have been violated.
5218 (b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to constitute
5219 violation of the conditions of probation, the court that authorized probation shall determine if the
5220 affidavit establishes probable cause to believe that revocation, modification, or extension of
5221 probation is justified.
5222 (ii) If the court determines there is probable cause, it shall cause to be served on the
5223 defendant a warrant for his arrest or a copy of the affidavit and an order to show cause why his
5224 probation should not be revoked, modified, or extended.
5225 (c) (i) The order to show cause shall specify a time and place for the hearing and shall be
5226 served upon the defendant at least five days prior to the hearing.
5227 (ii) The defendant shall show good cause for a continuance.
5228 (iii) The order to show cause shall inform the defendant of a right to be represented by
5229 counsel at the hearing and to have counsel appointed for him if he is indigent.
5230 (iv) The order shall also inform the defendant of a right to present evidence.
5231 (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
5232 (ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney shall
5233 present evidence on the allegations.
5234 (iii) The persons who have given adverse information on which the allegations are based
5235 shall be presented as witnesses subject to questioning by the defendant unless the court for good
5236 cause otherwise orders.
5237 (iv) The defendant may call witnesses, appear and speak in his own behalf, and present
5238 evidence.
5239 (e) (i) After the hearing the court shall make findings of fact.
5240 (ii) Upon a finding that the defendant violated the conditions of probation, the court may
5241 order the probation revoked, modified, continued, or that the entire probation term commence
5242 anew.
5243 (iii) If probation is revoked, the defendant shall be sentenced or the sentence previously
5244 imposed shall be executed.
5245 (13) The court may order the defendant to commit himself to the custody of the Division
5246 of Substance Abuse and Mental Health for treatment at the Utah State Hospital as a condition of
5247 probation or stay of sentence, only after the superintendent of the Utah State Hospital or his
5248 designee has certified to the court that:
5249 (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
5250 (b) treatment space at the hospital is available for the defendant; and
5251 (c) persons described in Subsection [
5252 for treatment over the defendants described in this Subsection (13).
5253 (14) Presentence investigation reports, including presentence diagnostic evaluations, are
5254 classified protected in accordance with Title 63, Chapter 2, Government Records Access and
5255 Management Act. Notwithstanding Sections 63-2-403 and 63-2-404 , the State Records Committee
5256 may not order the disclosure of a presentence investigation report. Except for disclosure at the
5257 time of sentencing pursuant to this section, the department may disclose the presentence
5258 investigation only when:
5259 (a) ordered by the court pursuant to Subsection 63-2-202 (7);
5260 (b) requested by a law enforcement agency or other agency approved by the department
5261 for purposes of supervision, confinement, and treatment of the offender;
5262 (c) requested by the Board of Pardons and Parole;
5263 (d) requested by the subject of the presentence investigation report or the subject's
5264 authorized representative; or
5265 (e) requested by the victim of the crime discussed in the presentence investigation report
5266 or the victim's authorized representative, provided that the disclosure to the victim shall include
5267 only information relating to statements or materials provided by the victim, to the circumstances
5268 of the crime including statements by the defendant, or to the impact of the crime on the victim or
5269 the victim's household.
5270 (15) (a) The court shall consider home confinement as a condition of probation under the
5271 supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5 .
5272 (b) The department shall establish procedures and standards for home confinement,
5273 including electronic monitoring, for all individuals referred to the department in accordance with
5274 Subsection (16).
5275 (16) (a) If the court places the defendant on probation under this section, it may order the
5276 defendant to participate in home confinement through the use of electronic monitoring as described
5277 in this section until further order of the court.
5278 (b) The electronic monitoring shall alert the department and the appropriate law
5279 enforcement unit of the defendant's whereabouts.
5280 (c) The electronic monitoring device shall be used under conditions which require:
5281 (i) the defendant to wear an electronic monitoring device at all times; and
5282 (ii) that a device be placed in the home of the defendant, so that the defendant's compliance
5283 with the court's order may be monitored.
5284 (d) If a court orders a defendant to participate in home confinement through electronic
5285 monitoring as a condition of probation under this section, it shall:
5286 (i) place the defendant on probation under the supervision of the Department of
5287 Corrections;
5288 (ii) order the department to place an electronic monitoring device on the defendant and
5289 install electronic monitoring equipment in the residence of the defendant; and
5290 (iii) order the defendant to pay the costs associated with home confinement to the
5291 department or the program provider.
5292 (e) The department shall pay the costs of home confinement through electronic monitoring
5293 only for those persons who have been determined to be indigent by the court.
5294 (f) The department may provide the electronic monitoring described in this section either
5295 directly or by contract with a private provider.
5296 Section 138. Section 78-3a-104 is amended to read:
5297 78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
5298 (1) Except as otherwise provided by law, the juvenile court has exclusive original
5299 jurisdiction in proceedings concerning:
5300 (a) a minor who has violated any federal, state, or local law or municipal ordinance or a
5301 person younger than 21 years of age who has violated any law or ordinance before becoming 18
5302 years of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
5303 (b) a person 21 years of age or older who has failed or refused to comply with an order of
5304 the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
5305 birthday; however, the continuing jurisdiction is limited to causing compliance with existing
5306 orders;
5307 (c) a minor who is an abused child, neglected child, or dependent child, as those terms are
5308 defined in Section 78-3a-103 ;
5309 (d) a protective order for a minor who is alleged to be an abused child or neglected child,
5310 except as provided in Section 78-3a-105 , and unless the petition is filed by a natural parent or
5311 stepparent of the minor against a natural parent or stepparent of the minor;
5312 (e) the determination of the custody of a minor or to appoint a guardian of the person or
5313 other guardian of a minor who comes within the court's jurisdiction under other provisions of this
5314 section;
5315 (f) the termination of the legal parent-child relationship in accordance with Part 4,
5316 Termination of Parental Rights Act, including termination of residual parental rights and duties;
5317 (g) the treatment or commitment of a mentally retarded minor;
5318 (h) a minor who is a habitual truant from school;
5319 (i) the judicial consent to the marriage of a minor under age 16 upon a determination of
5320 voluntariness or where otherwise required by law, employment, or enlistment of a minor when
5321 consent is required by law;
5322 (j) any parent or parents of a minor committed to a secure youth corrections facility, to
5323 order, at the discretion of the court and on the recommendation of a secure youth corrections
5324 facility, the parent or parents of a minor committed to a secure youth corrections facility for a
5325 custodial term, to undergo group rehabilitation therapy under the direction of a secure youth
5326 corrections facility therapist, who has supervision of that parent's or parents' minor, or any other
5327 therapist the court may direct, for a period directed by the court as recommended by a secure youth
5328 corrections facility;
5329 (k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
5330 (l) the treatment or commitment of a mentally ill child. The court may commit a child to
5331 the physical custody of a local mental health authority or to the legal custody of the Division of
5332 Substance Abuse and Mental Health in accordance with the procedures and requirements of Title
5333 62A, Chapter [
5334 Substance Abuse and Mental Health. The court may not commit a child directly to the Utah State
5335 Hospital;
5336 (m) the commitment of a minor in accordance with Section [
5337 (n) de novo review of final agency actions resulting from an informal adjudicative
5338 proceeding as provided in Section 63-46b-15 ; and
5339 (o) adoptions conducted in accordance with the procedures described in Title 78, Chapter
5340 30, Adoption, when the juvenile court has previously entered an order terminating the rights of a
5341 parent and finds that adoption is in the best interest of the minor.
5342 (2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
5343 jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
5344 jurisdiction over all other traffic offenses committed by a minor 16 years of age or older, except
5345 that the court shall have exclusive jurisdiction over the following traffic offenses committed by
5346 a minor under 18 years of age:
5347 (a) Section 76-5-207 , automobile homicide;
5348 (b) Section 41-6-44 , operating a vehicle while under the influence of alcohol or drugs;
5349 (c) Section 41-6-45 , reckless driving;
5350 (d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer
5351 for an extended period of time; and
5352 (e) Section 41-6-13.5 , fleeing a peace officer.
5353 (3) The court also has jurisdiction over traffic offenses that are part of a single criminal
5354 episode filed in a petition that contains an offense over which the court has jurisdiction.
5355 (4) The juvenile court has jurisdiction over questions of custody, support, parent-time, and
5356 visitation certified to it by the district court pursuant to Section 78-3a-105 .
5357 (5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
5358 referred to it by the Division of Child and Family Services or by public or private agencies that
5359 contract with the division to provide services to that minor where, despite earnest and persistent
5360 efforts by the division or agency, the minor has demonstrated that he:
5361 (a) is beyond the control of his parent, guardian, lawful custodian, or school authorities
5362 to the extent that his behavior or condition endangers his own welfare or the welfare of others; or
5363 (b) has run away from home.
5364 (6) This section does not restrict the right of access to the juvenile court by private
5365 agencies or other persons.
5366 (7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
5367 under Section 78-3a-602 .
5368 Section 139. Section 78-3a-118 is amended to read:
5369 78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
5370 Enumeration of possible court orders -- Considerations of court.
5371 (1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the
5372 court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
5373 jurisdiction over the minor. However, in cases within the provisions of Subsection 78-3a-104 (1),
5374 findings of fact are not necessary.
5375 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
5376 Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to
5377 the school superintendent of the district in which the minor resides or attends school. Notice shall
5378 be made to the district superintendent within three days of the adjudication and shall include the
5379 specific offenses for which the minor was adjudicated.
5380 (2) Upon adjudication the court may make the following dispositions by court order:
5381 (a) (i) The court may place the minor on probation or under protective supervision in the
5382 minor's own home and upon conditions determined by the court, including compensatory service
5383 as provided in Section 78-11-20.7 .
5384 (ii) The court may place the minor in state supervision with the probation department of
5385 the court, under the legal custody of:
5386 (A) his parent or guardian;
5387 (B) the Division of Youth Corrections; or
5388 (C) the Division of Child and Family Services.
5389 (iii) If the court orders probation or state supervision, the court shall direct that notice of
5390 its order be provided to designated persons in the local law enforcement agency and the school or
5391 transferee school, if applicable, which the minor attends. The designated persons may receive the
5392 information for purposes of the minor's supervision and student safety.
5393 (iv) Any employee of the local law enforcement agency and the school which the minor
5394 attends who discloses the court's order of probation is not:
5395 (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
5396 Section 63-30-4 ; and
5397 (B) civilly or criminally liable except when the disclosure constitutes a knowing violation
5398 of Section 63-2-801 .
5399 (b) The court may place the minor in the legal custody of a relative or other suitable
5400 person, with or without probation or protective supervision, but the juvenile court may not assume
5401 the function of developing foster home services.
5402 (c) (i) The court may:
5403 (A) vest legal custody of the minor in the Division of Child and Family Services, Division
5404 of Youth Corrections, or the Division of Substance Abuse and Mental Health; and
5405 (B) order the Department of Human Services to provide dispositional recommendations
5406 and services.
5407 (ii) For minors who may qualify for services from two or more divisions within the
5408 Department of Human Services, the court may vest legal custody with the department.
5409 (iii) (A) Minors who are committed to the custody of the Division of Child and Family
5410 Services on grounds other than abuse or neglect are subject to the provisions of Title 78, Chapter
5411 3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter
5412 4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect.
5413 (B) Prior to the court entering an order to place a minor in the custody of the Division of
5414 Child and Family Services on grounds other than abuse or neglect, the court shall provide the
5415 division with notice of the hearing no later than five days before the time specified for the hearing
5416 so the division may attend the hearing.
5417 (C) Prior to committing a minor to the custody of the Division of Child and Family
5418 Services, the court shall make a finding as to what reasonable efforts have been attempted to
5419 prevent the minor's removal from his home.
5420 (d) (i) The court may commit the minor to the Division of Youth Corrections for secure
5421 confinement.
5422 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
5423 dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of Youth
5424 Corrections.
5425 (e) The court may commit the minor, subject to the court retaining continuing jurisdiction
5426 over him, to the temporary custody of the Division of Youth Corrections for observation and
5427 evaluation for a period not to exceed 45 days, which period may be extended up to 15 days at the
5428 request of the director of the Division of Youth Corrections.
5429 (f) (i) The court may commit the minor to a place of detention or an alternative to
5430 detention for a period not to exceed 30 days subject to the court retaining continuing jurisdiction
5431 over the minor. This commitment may be stayed or suspended upon conditions ordered by the
5432 court.
5433 (ii) This Subsection (2)(f) applies only to those minors adjudicated for:
5434 (A) an act which if committed by an adult would be a criminal offense; or
5435 (B) contempt of court under Section 78-3a-901 .
5436 (g) The court may vest legal custody of an abused, neglected, or dependent minor in the
5437 Division of Child and Family Services or any other appropriate person in accordance with the
5438 requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
5439 Proceedings.
5440 (h) The court may place the minor on a ranch or forestry camp, or similar facility for care
5441 and also for work, if possible, if the person, agency, or association operating the facility has been
5442 approved or has otherwise complied with all applicable state and local laws. A minor placed in
5443 a forestry camp or similar facility may be required to work on fire prevention, forestation and
5444 reforestation, recreational works, forest roads, and on other works on or off the grounds of the
5445 facility and may be paid wages, subject to the approval of and under conditions set by the court.
5446 (i) The court may:
5447 (i) order the minor to repair, replace, or otherwise make restitution for damage or loss
5448 caused by the minor's wrongful act, including costs of treatment as stated in Section 78-3a-318 ;
5449 and
5450 (ii) impose fines in limited amounts.
5451 (j) The court may issue orders necessary for the collection of restitution and fines ordered
5452 by the court, including garnishments, wage withholdings, and executions.
5453 (k) (i) The court may through its probation department encourage the development of
5454 employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
5455 and for other purposes considered desirable by the court.
5456 (ii) Consistent with the order of the court, the probation officer may permit the minor
5457 found to be within the jurisdiction of the court to participate in a program of work restitution or
5458 compensatory service in lieu of paying part or all of the fine imposed by the court.
5459 (l) (i) In violations of traffic laws within the court's jurisdiction, the court may, in addition
5460 to any other disposition authorized by this section:
5461 (A) restrain the minor from driving for periods of time the court considers necessary; and
5462 (B) take possession of the minor's driver license.
5463 (ii) The court may enter any other disposition under Subsection (2)(l)(i); however, the
5464 suspension of driving privileges for an offense under Section 78-3a-506 are governed only by
5465 Section 78-3a-506 .
5466 (m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
5467 78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug Paraphernalia
5468 Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to
5469 any fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no
5470 more than 100 hours, of compensatory service. Satisfactory completion of an approved substance
5471 abuse prevention or treatment program may be credited by the court as compensatory service
5472 hours.
5473 (ii) When a minor is found within the jurisdiction of the juvenile court under Section
5474 78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court may,
5475 upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the
5476 minor perform a minimum of 20 hours, but no more than 100 hours of compensatory service, in
5477 addition to any fines or fees otherwise imposed. Satisfactory completion of an approved substance
5478 abuse prevention or treatment program may be credited by the court as compensatory service
5479 hours.
5480 (n) The court may order that the minor be examined or treated by a physician, surgeon,
5481 psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
5482 place the minor in a hospital or other suitable facility.
5483 (o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
5484 of the minor, and may appoint as guardian a public or private institution or agency in which legal
5485 custody of the minor is vested.
5486 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
5487 private agency or institution, the court shall give primary consideration to the welfare of the minor.
5488 When practicable, the court may take into consideration the religious preferences of the minor and
5489 of the minor's parents.
5490 (p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
5491 conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any
5492 other person who has been made a party to the proceedings. Conditions may include:
5493 (A) parent-time by the parents or one parent;
5494 (B) restrictions on the minor's associates;
5495 (C) restrictions on the minor's occupation and other activities; and
5496 (D) requirements to be observed by the parents or custodian.
5497 (ii) A minor whose parents or guardians successfully complete a family or other counseling
5498 program may be credited by the court for detention, confinement, or probation time.
5499 (q) The court may order the minor to be placed in the legal custody of the Division of
5500 Substance Abuse and Mental Health or committed to the physical custody of a local mental health
5501 authority, in accordance with the procedures and requirements of Title 62A, Chapter [
5502 [
5503 (r) (i) The court may make an order committing a minor within its jurisdiction to the Utah
5504 State Developmental Center if the minor has mental retardation in accordance with the provisions
5505 of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility.
5506 (ii) The court shall follow the procedure applicable in the district courts with respect to
5507 judicial commitments to the Utah State Developmental Center when ordering a commitment under
5508 Subsection (2)(r)(i).
5509 (s) The court may terminate all parental rights upon a finding of compliance with the
5510 provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
5511 (t) The court may make any other reasonable orders for the best interest of the minor or
5512 as required for the protection of the public, except that a person younger than 18 years of age may
5513 not be committed to jail or prison.
5514 (u) The court may combine the dispositions listed in this section if they are compatible.
5515 (v) Before depriving any parent of custody, the court shall give due consideration to the
5516 rights of parents concerning their minor. The court may transfer custody of a minor to another
5517 person, agency, or institution in accordance with the requirements and procedures of Title 78,
5518 Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
5519 (w) Except as provided in Subsection (2)(y)(i), an order under this section for probation
5520 or placement of a minor with an individual or an agency shall include a date certain for a review
5521 of the case by the court. A new date shall be set upon each review.
5522 (x) In reviewing foster home placements, special attention shall be given to making
5523 adoptable minors available for adoption without delay.
5524 (y) (i) The juvenile court may enter an order of permanent custody and guardianship with
5525 a relative or individual of a minor where the court has previously acquired jurisdiction as a result
5526 of an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
5527 78-3a-105 (4).
5528 (ii) Orders under Subsection (2)(y)(i):
5529 (A) shall remain in effect until the minor reaches majority;
5530 (B) are not subject to review under Section 78-3a-119 ;
5531 (C) may be modified by petition or motion as provided in Section 78-3a-903 .
5532 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
5533 permanent orders of custody and guardianship do not expire with a termination of jurisdiction of
5534 the juvenile court.
5535 (3) In addition to the dispositions described in Subsection (2), when a minor comes within
5536 the court's jurisdiction he may be given a choice by the court to serve in the National Guard in lieu
5537 of other sanctions, provided:
5538 (a) the minor meets the current entrance qualifications for service in the National Guard
5539 as determined by a recruiter, whose determination is final;
5540 (b) the minor is not under the jurisdiction of the court for any act that:
5541 (i) would be a felony if committed by an adult;
5542 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
5543 (iii) was committed with a weapon; and
5544 (c) the court retains jurisdiction over the minor under conditions set by the court and
5545 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
5546 Section 140. Section 78-3a-119 is amended to read:
5547 78-3a-119. Period of operation of judgment, decree, or order -- Rights and
5548 responsibilities of agency or individual granted legal custody.
5549 (1) A judgment, order, or decree of the juvenile court does not operate after the minor
5550 becomes 21 years of age, except for:
5551 (a) orders of commitment to the Utah State Developmental Center or to the custody of the
5552 Division of Substance Abuse and Mental Health;
5553 (b) adoption orders under Subsection 78-3a-104 (1)(o);
5554 (c) orders permanently terminating the rights of a parent, guardian, or custodian, and
5555 permanent orders of custody and guardianships; and
5556 (d) unless terminated by the court, orders to pay any fine or restitution.
5557 (2) (a) Except as provided in Part 3, Abuse, Neglect, and Dependency Proceedings, an
5558 order vesting legal custody or guardianship of a minor in an individual, agency, or institution may
5559 be for an indeterminate period. A review hearing shall be held, however, upon the expiration of
5560 12 months, and, with regard to petitions filed by the Division of Child and Family Services, no less
5561 than once every six months thereafter. The individual, agency, or institution involved shall file
5562 the petition for that review hearing. The court may terminate the order, or after notice and hearing,
5563 continue the order if it finds continuation of the order necessary to safeguard the welfare of the
5564 minor or the public interest. The findings of the court and its reasons shall be entered with the
5565 continuation order or with the order denying continuation.
5566 (b) Subsection (2)(a) does not apply to minors who are in the custody of the Division of
5567 Child and Family Services, and who are placed in foster care, a secure youth corrections facility,
5568 the Division of Substance Abuse and Mental Health, the Utah State Developmental Center, or any
5569 agency licensed for child placements and adoptions, in cases where all parental rights of the natural
5570 parents have been terminated by the court under Part 4, Termination of Parental Rights Act, and
5571 custody of the minor has been granted to the agency for adoption or other permanent placement.
5572 (3) (a) An agency granted legal custody may determine where and with whom the minor
5573 will live, provided that placement of the minor does not remove him from the state without court
5574 approval.
5575 (b) An individual granted legal custody shall personally exercise the rights and
5576 responsibilities involved in legal custody, unless otherwise authorized by the court.
5577 Section 141. Section 78-3a-121 is amended to read:
5578 78-3a-121. Continuing jurisdiction of juvenile court -- Period of and termination of
5579 jurisdiction -- Notice of discharge from custody of Division of Substance Abuse and Mental
5580 Health or Utah State Developmental Center -- Transfer of continuing jurisdiction to other
5581 district.
5582 (1) Jurisdiction of a minor obtained by the court through adjudication under Section
5583 78-3a-118 continues for purposes of this chapter until he becomes 21 years of age, unless
5584 terminated earlier. However, the court retains jurisdiction beyond the age of 21 of a person who
5585 has refused or failed to pay any fine or victim restitution ordered by the court, but only for the
5586 purpose of causing compliance with existing orders.
5587 (2) (a) The continuing jurisdiction of the court terminates:
5588 (i) upon order of the court;
5589 (ii) upon commitment to a secure youth corrections facility; or
5590 (iii) upon commencement of proceedings in adult cases under Section 78-3a-801 .
5591 (b) The continuing jurisdiction of the court is not terminated by marriage.
5592 (3) When a minor has been committed by the court to the custody of the Division of
5593 Substance Abuse and Mental Health, a local mental health authority or its designee, or to the Utah
5594 State Developmental Center, the director of the Division of Substance Abuse and Mental Health,
5595 the local mental health authority or its designee, or the superintendent of the Utah State
5596 Developmental Center shall give the court written notice of its intention to discharge, release, or
5597 parole the minor not fewer than five days prior to the discharge, release, or parole.
5598 (4) Jurisdiction over a minor on probation or under protective supervision, or of a minor
5599 who is otherwise under the continuing jurisdiction of the court, may be transferred by the court to
5600 the court of another district, if the receiving court consents, or upon direction of the chair of the
5601 Board of Juvenile Court Judges. The receiving court has the same powers with respect to the
5602 minor that it would have if the proceedings originated in that court.
5603 Section 142. Section 78-3a-209 is amended to read:
5604 78-3a-209. Mental health evaluations -- Duty of administrator.
5605 (1) The administrator of the juvenile court, with the approval of the board, and the
5606 executive director of the Department of Health, and director of the Division of Substance Abuse
5607 and Mental Health shall from time to time agree upon an appropriate plan:
5608 [
5609 the state and local health departments and programs of mental health; and
5610 [
5611 and Mental Health in securing for the juvenile court special health, mental health, and related
5612 services including community mental health services not already available from the Department
5613 of Health and the Division of Substance Abuse and Mental Health.
5614 [
5615 the Division of Substance Abuse and Mental Health for this purpose.
5616 Section 143. Section 78-3a-910 is amended to read:
5617 78-3a-910. Cooperation of political subdivisions and public or private agencies and
5618 organizations.
5619 Every county, municipality, and school district, the Division of Child and Family Services,
5620 the Department of Health, the Division of Substance Abuse and Mental Health, the State Board
5621 of Education, and state and local law enforcement officers, shall render all assistance and
5622 cooperation within their jurisdiction and power to further the objects of this chapter, and the
5623 juvenile courts are authorized to seek the cooperation of all agencies and organizations, public or
5624 private, whose object is the protection or aid of minors.
5625 Section 144. Uncodified language.
5626 Notwithstanding any other provision, funds appropriated to the Department of Human
5627 Services or its divisions, but unexpended at the end of fiscal year 2003 because of the combining
5628 of divisions under this act, are nonlapsing but available for use only by the Division of Substance
5629 Abuse and Mental Health during fiscal year 2004.
5630 Section 145. Repealer.
5631 This act repeals:
5632 Section 17A-3-606, Contracts for mental health services provided by local mental
5633 health authorities.
5634 Section 17A-3-607, Responsibility for cost of services provided by local mental health
5635 authority.
5636 Section 17A-3-610, Authority to receive funds.
5637 Section 62A-12-101, Definitions.
5638 Section 62A-12-102, Division of Mental Health -- Creation -- Responsibilities.
5639 Section 62A-12-102.5, Fees for mental health services.
5640 Section 62A-12-103, Director -- Qualifications.
5641 Section 62A-12-104, Board of Mental Health -- Authority and responsibilities --
5642 Powers and duties of board.
5643 Section 62A-12-105, Allocation of funds to local mental health authorities -- Formula.
5644 Section 146. Effective date.
5645 This act takes effect on July 1, 2002.
Legislative Review Note
as of 2-19-02 7:16 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.