Representative Edward H. Redd proposes the following substitute bill:


1     
INVOLUNTARY CIVIL COMMITMENT MODIFICATIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Edward H. Redd

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts a provision related to the temporary, involuntary commitment of an
10     adult.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends a provision relating to the maximum number of hours an adult may be held
14     in temporary, involuntary commitment by a local mental health authority.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          62A-15-103, as last amended by Laws of Utah 2015, Chapter 412
22          62A-15-629, as last amended by Laws of Utah 2011, Chapter 366
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 62A-15-103 is amended to read:

26          62A-15-103. Division -- Creation -- Responsibilities.
27          (1) There is created the Division of Substance Abuse and Mental Health within the
28     department, under the administration and general supervision of the executive director. The
29     division is the substance abuse authority and the mental health authority for this state.
30          (2) The division shall:
31          (a) (i) educate the general public regarding the nature and consequences of substance
32     abuse by promoting school and community-based prevention programs;
33          (ii) render support and assistance to public schools through approved school-based
34     substance abuse education programs aimed at prevention of substance abuse;
35          (iii) promote or establish programs for the prevention of substance abuse within the
36     community setting through community-based prevention programs;
37          (iv) cooperate with and assist treatment centers, recovery residences, and other
38     organizations that provide services to individuals recovering from a substance abuse disorder,
39     by identifying and disseminating information about effective practices and programs;
40          (v) promote integrated programs that address an individual's substance abuse, mental
41     health, physical health, and criminal risk factors;
42          (vi) establish and promote an evidence-based continuum of screening, assessment,
43     prevention, treatment, and recovery support services in the community for individuals with
44     substance abuse and mental illness that addresses criminal risk factors;
45          (vii) evaluate the effectiveness of programs described in Subsection (2);
46          (viii) consider the impact of the programs described in Subsection (2) on:
47          (A) emergency department utilization;
48          (B) jail and prison populations;
49          (C) the homeless population; and
50          (D) the child welfare system; and
51          (ix) promote or establish programs for education and certification of instructors to
52     educate persons convicted of driving under the influence of alcohol or drugs or driving with
53     any measurable controlled substance in the body;
54          (b) (i) collect and disseminate information pertaining to mental health;
55          (ii) provide direction over the state hospital including approval of its budget,
56     administrative policy, and coordination of services with local service plans;

57          (iii) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative
58     Rulemaking Act, to educate families concerning mental illness and promote family
59     involvement, when appropriate, and with patient consent, in the treatment program of a family
60     member; and
61          (iv) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative
62     Rulemaking Act, to direct that all individuals receiving services through local mental health
63     authorities or the Utah State Hospital be informed about and, if desired, provided assistance in
64     completion of a declaration for mental health treatment in accordance with Section
65     62A-15-1002;
66          (c) (i) consult and coordinate with local substance abuse authorities and local mental
67     health authorities regarding programs and services;
68          (ii) provide consultation and other assistance to public and private agencies and groups
69     working on substance abuse and mental health issues;
70          (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
71     medical and social agencies, public health authorities, law enforcement agencies, education and
72     research organizations, and other related groups;
73          (iv) promote or conduct research on substance abuse and mental health issues, and
74     submit to the governor and the Legislature recommendations for changes in policy and
75     legislation;
76          (v) receive, distribute, and provide direction over public funds for substance abuse and
77     mental health services;
78          (vi) monitor and evaluate programs provided by local substance abuse authorities and
79     local mental health authorities;
80          (vii) examine expenditures of any local, state, and federal funds;
81          (viii) monitor the expenditure of public funds by:
82          (A) local substance abuse authorities;
83          (B) local mental health authorities; and
84          (C) in counties where they exist, the private contract provider that has an annual or
85     otherwise ongoing contract to provide comprehensive substance abuse or mental health
86     programs or services for the local substance abuse authority or local mental health authorities;
87          (ix) contract with local substance abuse authorities and local mental health authorities

88     to provide a comprehensive continuum of services that include community-based services for
89     individuals involved in the criminal justice system, in accordance with division policy, contract
90     provisions, and the local plan;
91          (x) contract with private and public entities for special statewide or nonclinical
92     services, or services for individuals involved in the criminal justice system, according to
93     division rules;
94          (xi) review and approve each local substance abuse authority's plan and each local
95     mental health authority's plan in order to ensure:
96          (A) a statewide comprehensive continuum of substance abuse services;
97          (B) a statewide comprehensive continuum of mental health services;
98          (C) services result in improved overall health and functioning;
99          (D) a statewide comprehensive continuum of community-based services designed to
100     reduce criminal risk factors for individuals who are determined to have substance abuse or
101     mental illness conditions or both, and who are involved in the criminal justice system;
102          (E) compliance, where appropriate, with the certification requirements in Subsection
103     (2)(i); and
104          (F) appropriate expenditure of public funds;
105          (xii) review and make recommendations regarding each local substance abuse
106     authority's contract with its provider of substance abuse programs and services and each local
107     mental health authority's contract with its provider of mental health programs and services to
108     ensure compliance with state and federal law and policy;
109          (xiii) monitor and ensure compliance with division rules and contract requirements;
110     and
111          (xiv) withhold funds from local substance abuse authorities, local mental health
112     authorities, and public and private providers for contract noncompliance, failure to comply
113     with division directives regarding the use of public funds, or for misuse of public funds or
114     money;
115          (d) assure that the requirements of this part are met and applied uniformly by local
116     substance abuse authorities and local mental health authorities across the state;
117          (e) require each local substance abuse authority and each local mental health authority
118     to submit its plan to the division by May [1] 15 of each year;

119          (f) conduct an annual program audit and review of each local substance abuse authority
120     in the state and its contract provider and each local mental health authority in the state and its
121     contract provider, including:
122          (i) a review and determination regarding whether:
123          (A) public funds allocated to local substance abuse authorities and local mental health
124     authorities are consistent with services rendered and outcomes reported by them or their
125     contract providers; and
126          (B) each local substance abuse authority and each local mental health authority is
127     exercising sufficient oversight and control over public funds allocated for substance abuse and
128     mental health programs and services; and
129          (ii) items determined by the division to be necessary and appropriate; and
130          (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
131     Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
132          (h) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
133     Rulemaking Act, minimum standards and requirements for the provision of substance abuse
134     and mental health treatment to individuals who are required to participate in treatment by the
135     court or the Board of Pardons and Parole, or who are incarcerated, including:
136          (i) collaboration with the Department of Corrections, the Utah Substance Abuse
137     Advisory Council to develop and coordinate the standards, including standards for county and
138     state programs serving individuals convicted of class A and class B misdemeanors;
139          (ii) determining that the standards ensure available treatment includes the most current
140     practices and procedures demonstrated by recognized scientific research to reduce recidivism,
141     including focus on the individual's criminal risk factors; and
142          (iii) requiring that all public and private treatment programs meet the standards
143     established under this Subsection (2)(h) in order to receive public funds allocated to the
144     division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
145     for the costs of providing screening, assessment, prevention, treatment, and recovery support;
146          (i) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
147     Rulemaking Act, the requirements and procedures for the certification of licensed public and
148     private providers who provide, as part of their practice, substance abuse and mental health
149     treatment to individuals involved in the criminal justice system, including:

150          (i) collaboration with the Department of Corrections, the Utah Substance Abuse
151     Advisory Council, and the Utah Association of Counties to develop, coordinate, and implement
152     the certification process;
153          (ii) basing the certification process on the standards developed under Subsection (2)(h)
154     for the treatment of individuals involved in the criminal justice system; and
155          (iii) the requirement that all public and private providers of treatment to individuals
156     involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
157     shall renew the certification every two years, in order to qualify for funds allocated to the
158     division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
159     on or after July 1, 2016;
160          (j) collaboration with the Commission on Criminal and Juvenile Justice to analyze and
161     provide recommendations to the Legislature regarding:
162          (i) pretrial services and the resources needed for the reduced recidivism efforts;
163          (ii) county jail and county behavioral health early-assessment resources needed for
164     offenders convicted of a class A or class B misdemeanor; and
165          (iii) the replacement of federal dollars associated with drug interdiction law
166     enforcement task forces that are reduced;
167          (k) (i) establish performance goals and outcome measurements for all treatment
168     programs for which minimum standards are established under Subsection (2)(h), including
169     recidivism data and data regarding cost savings associated with recidivism reduction and the
170     reduction in the number of inmates, that are obtained in collaboration with the Administrative
171     Office of the Courts and the Department of Corrections; and
172          (ii) collect data to track and determine whether the goals and measurements are being
173     attained and make this information available to the public;
174          (l) in its discretion, use the data to make decisions regarding the use of funds allocated
175     to the division, the Administrative Office of the Courts, and the Department of Corrections to
176     provide treatment for which standards are established under Subsection (2)(h); and
177          (m) annually, on or before August 31, submit the data collected under Subsection (2)(j)
178     to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
179     based on the data and provide the report to the legislative Judiciary Interim Committee, the
180     Health and Human Services Interim Committee, the Law Enforcement and Criminal Justice

181     Interim Committee, and the related appropriations subcommittees.
182          (3) (a) The division may refuse to contract with and may pursue its legal remedies
183     against any local substance abuse authority or local mental health authority that fails, or has
184     failed, to expend public funds in accordance with state law, division policy, contract
185     provisions, or directives issued in accordance with state law.
186          (b) The division may withhold funds from a local substance abuse authority or local
187     mental health authority if the authority's contract with its provider of substance abuse or mental
188     health programs or services fails to comply with state and federal law or policy.
189          (4) Before reissuing or renewing a contract with any local substance abuse authority or
190     local mental health authority, the division shall review and determine whether the local
191     substance abuse authority or local mental health authority is complying with its oversight and
192     management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
193     17-43-309. Nothing in this Subsection (4) may be used as a defense to the responsibility and
194     liability described in Section 17-43-303 and to the responsibility and liability described in
195     Section 17-43-203.
196          (5) In carrying out its duties and responsibilities, the division may not duplicate
197     treatment or educational facilities that exist in other divisions or departments of the state, but
198     shall work in conjunction with those divisions and departments in rendering the treatment or
199     educational services that those divisions and departments are competent and able to provide.
200          (6) The division may accept in the name of and on behalf of the state donations, gifts,
201     devises, or bequests of real or personal property or services to be used as specified by the
202     donor.
203          (7) The division shall annually review with each local substance abuse authority and
204     each local mental health authority the authority's statutory and contract responsibilities
205     regarding:
206          (a) the use of public funds;
207          (b) oversight responsibilities regarding public funds; and
208          (c) governance of substance abuse and mental health programs and services.
209          (8) The Legislature may refuse to appropriate funds to the division upon the division's
210     failure to comply with the provisions of this part.
211          (9) If a local substance abuse authority contacts the division under Subsection

212     17-43-201(9) for assistance in providing treatment services to a pregnant woman or pregnant
213     minor, the division shall:
214          (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
215     capacity to provide the treatment services; or
216          (b) otherwise ensure that treatment services are made available to the pregnant woman
217     or pregnant minor.
218          Section 2. Section 62A-15-629 is amended to read:
219          62A-15-629. Temporary commitment -- Requirements and procedures.
220          (1) (a) An adult may be temporarily, involuntarily committed to a local mental health
221     authority upon:
222          (i) written application by a responsible person who has reason to know, stating a belief
223     that the individual is likely to cause serious injury to self or others if not immediately
224     restrained, and stating the personal knowledge of the individual's condition or circumstances
225     which lead to that belief; and
226          (ii) a certification by a licensed physician or designated examiner stating that the
227     physician or designated examiner has examined the individual within a three-day period
228     immediately preceding that certification, and that the physician or designated examiner is of the
229     opinion that the individual has a mental illness and, because of the individual's mental illness,
230     is likely to injure self or others if not immediately restrained.
231          (b) Application and certification as described in Subsection (1)(a) authorizes any peace
232     officer to take the individual into the custody of a local mental health authority and transport
233     the individual to that authority's designated facility.
234          (2) (a) If a duly authorized peace officer observes [a person] an individual involved in
235     conduct that gives the officer probable cause to believe that the [person] individual has a
236     mental illness, as defined in Section 62A-15-602, and because of that apparent mental illness
237     and conduct, there is a substantial likelihood of serious harm to that [person] individual or
238     others, pending proceedings for examination and certification under this part, the officer may
239     take that [person] individual into protective custody.
240          (b) The peace officer shall transport the [person] individual to be transported to the
241     designated facility of the appropriate local mental health authority pursuant to this section,
242     either on the basis of the peace officer's own observation or on the basis of a mental health

243     officer's observation that has been reported to the peace officer by that mental health officer.
244          (c) Immediately thereafter, the officer shall place the [person] individual in the custody
245     of the local mental health authority and make application for commitment of that [person]
246     individual to the local mental health authority.
247          (d) The application shall be on a prescribed form and shall include the following:
248          [(a)] (i) a statement by the officer that the officer believes, on the basis of personal
249     observation or on the basis of a mental health officer's observation reported to the officer by the
250     mental health officer, that the [person] individual is, as a result of a mental illness, a substantial
251     and immediate danger to self or others;
252          [(b)] (ii) the specific nature of the danger;
253          [(c)] (iii) a summary of the observations upon which the statement of danger is based;
254     and
255          [(d)] (iv) a statement of facts [which] that called the [person] individual to the attention
256     of the officer.
257          (3) (a) [A person] An individual committed under this section may be held for a
258     maximum of [24] 72 hours, excluding Saturdays, Sundays, and legal holidays[.], if the local
259     mental health authority believes that the individual has a mental illness and, because of the
260     individual's mental illness, is likely to injure self or others if not restrained.
261          (b) At the expiration of [that] the time period described in Subsection (3)(a), the
262     [person] individual shall be released unless an application for involuntary commitment has
263     been commenced pursuant to Section 62A-15-631.
264          (c) If [that] an application for involuntary commitment has been made, an order of
265     detention may be entered under Subsection 62A-15-631(3).
266          (d) If no order of detention is issued, the [patient] individual shall be released unless
267     [he] the individual has made voluntary application for admission.
268          (4) (a) Transportation of [persons] an individual with a mental illness pursuant to
269     Subsections (1) and (2) shall be conducted by the appropriate municipal, [or] city, or town, law
270     enforcement authority or, under the appropriate law enforcement's authority, by ambulance to
271     the extent that Subsection (5) applies.
272          (b) However, if the designated facility is outside of [that] the municipal, city, or town
273     authority's jurisdiction, the appropriate county sheriff shall transport the [person] individual or

274     cause the [person] individual to be transported by ambulance to the extent that Subsection (5)
275     applies.
276          (5) (a) Notwithstanding Subsections (2) and (4), a peace officer shall cause [a person]
277     an individual to be transported by ambulance if the [person] individual meets any of the criteria
278     in Section 26-8a-305.
279          (b) In addition, if the [person] individual requires physical medical attention, the peace
280     officer shall direct that transportation be to an appropriate medical facility for treatment.