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7 LONG TITLE
8 General Description:
9 This bill addresses provisions related to the criminal justice system.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates and modifies definitions;
13 ▸ modifies provisions requiring a county jail to report certain information to the State
14 Commission on Criminal and Juvenile Justice (CCJJ);
15 ▸ prohibits CCJJ from providing a state grant to an agency or program who is not in
16 compliance with certain statutory reporting requirements;
17 ▸ requires certain residential, vocational, and life skills programs to provide data to
18 CCJJ;
19 ▸ requires CCJJ to evaluate, report, and publish certain data;
20 ▸ requires a county to create a criminal justice coordinating council subject to certain
21 requirements;
22 ▸ removes and modifies provisions related to certification by the Division of
23 Substance Abuse and Mental Health (DSAMH) of treatment providers who work
24 with individuals involved in the criminal justice system;
25 ▸ requires DSAMH to:
26 • establish outcome measurements for treatment programs, including
27 measurements related to recidivism reduction;
28 • coordinate with the Administrative Office of the Courts, the Department of
29 Corrections (DOC), the Department of Workforce Services, and the Board of
30 Pardons and Parole to collect certain recidivism data;
31 • meet certain reporting requirements for the measurements and data; and
32 • publish certain treatment information online;
33 ▸ modifies the Statewide Behavioral Health Crisis Response Account;
34 ▸ requires DOC to:
35 • track an offender's compliance with certain treatment while on probation or
36 parole; and
37 • create a case action plan for an offender within a certain time frame;
38 ▸ prohibits DOC from contracting with a county to house state inmates if the county is
39 not in compliance with certain statutory reporting requirements;
40 ▸ provides that a felony offense is not required for participation in a drug court
41 program; and
42 ▸ makes technical and conforming changes.
43 Money Appropriated in this Bill:
44 This bill appropriates in fiscal year 2023:
45 ▸ to General Fund Restricted -- Behavioral Health Crisis Response Account, as an
46 ongoing appropriation:
47 • from General Fund, $1,000,000; and
48 ▸ to Department of Health and Human Services -- Integrated Health Care Services --
49 Non-Medicaid Behavioral Health Treatment and Crisis Response, as an ongoing
50 appropriation:
51 • from the General Fund Restricted -- Behavioral Health Crisis Response
52 Account, $1,000,000.
53 Other Special Clauses:
54 None
55 Utah Code Sections Affected:
56 AMENDS:
57 17-22-32, as last amended by Laws of Utah 2020, Chapters 283 and 413
58 62A-4a-412, as last amended by Laws of Utah 2021, Chapters 29, 231, 262, and 419
59 62A-15-103, as last amended by Laws of Utah 2021, Chapters 231 and 277
60 62A-15-123, as enacted by Laws of Utah 2021, Chapter 76
61 62A-15-602, as last amended by Laws of Utah 2021, Chapter 122
62 63M-7-204, as last amended by Laws of Utah 2021, Chapters 64 and 426
63 64-13-6, as last amended by Laws of Utah 2021, Chapters 173, 246, and 260
64 64-13-21, as last amended by Laws of Utah 2021, Chapters 173 and 260
65 64-13-26, as last amended by Laws of Utah 2015, Chapter 412
66 64-13e-103, as last amended by Laws of Utah 2020, Chapter 410
67 78A-5-201, as last amended by Laws of Utah 2015, Chapter 412
68 ENACTS:
69 13-53-111, Utah Code Annotated 1953
70 17-55-101, Utah Code Annotated 1953
71 17-55-201, Utah Code Annotated 1953
72 63M-7-218, Utah Code Annotated 1953
73 REPEALS:
74 62A-15-103.5, as last amended by Laws of Utah 2021, Chapter 64
75
76 Be it enacted by the Legislature of the state of Utah:
77 Section 1. Section 13-53-111 is enacted to read:
78 13-53-111. Recidivism reporting requirements.
79 (1) A residential, vocational and life skills program shall collect data on recidivism of
80 participants, including data on:
81 (a) participants who participate in the residential, vocational and life skills program
82 while under the supervision of a criminal court or the Board of Pardons and Parole and are
83 convicted of another offense while participating in the program or within two years after the
84 day on which the program ends; and
85 (b) the type of services provided to, and employment of, the participants described in
86 Subsection (1)(a).
87 (2) A residential, vocational and life skills program shall annually, on or before August
88 31, provide the data described in Subsection (1) to the State Commission on Criminal and
89 Juvenile Justice, to be included in the report described in Subsection 63M-7-204(1)(x).
90 Section 2. Section 17-22-32 is amended to read:
91 17-22-32. County jail reporting requirements.
92 (1) As used in this section:
93 (a) "Commission" means the State Commission on Criminal and Juvenile Justice
94 created in Section 63M-7-201.
95 (b) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
96 custody of a county jail.
97 (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
98 (A) being transported for medical care; or
99 (B) receiving medical care outside of a county jail.
100 (c) "Inmate" means an individual who is processed or booked into custody or housed in
101 a county jail in the state.
102 (d) "Opiate" means the same as that term is defined in Section 58-37-2.
103 (2) Each county jail shall submit a report to the commission before June 15 of each
104 year that includes, for the preceding calendar year [
105 (a) the average daily inmate population each month;
106 (b) the number of inmates in the county jail on the last day of each month who identify
107 as each race or ethnicity included in the Standards for Transmitting Race and Ethnicity
108 published by the Untied States Federal Bureau of Investigation;
109 (c) the number of inmates booked into the county jail;
110 (d) the number of inmates held in the county jail each month on behalf of each of the
111 following entities:
112 (i) the Bureau of Indian Affairs;
113 (ii) a state prison;
114 (iii) a federal prison;
115 (iv) the United States Immigration and Customs Enforcement;
116 (v) any other entity with which a county jail has entered a contract to house inmates on
117 the entity's behalf;
118 (e) the number of inmates that are denied pretrial release and held in the custody of the
119 county jail while the inmate awaited final disposition of the inmate's criminal charges;
120 (f) for each inmate booked into the county jail:
121 (i) the name of the agency that arrested the inmate;
122 (ii) the date and time the inmate was booked into and released from the custody of the
123 county jail;
124 (iii) if the inmate was released from the custody of the county jail, the reason the
125 inmate was released from the custody of the county jail;
126 (iv) if the inmate was released from the custody of the county jail on a financial
127 condition, whether the financial condition was set by a bail commissioner or a court;
128 (v) the number of days the inmate was held in the custody of the county jail before
129 disposition of the inmate's criminal charges;
130 (vi) whether the inmate was released from the custody of the county jail before final
131 disposition of the inmate's criminal charges; and
132 (vii) the state identification number of the inmate;
133 (g) the number of in-custody deaths that occurred at the county jail;
134 (h) for each in-custody death;
135 (i) the name, gender, race, ethnicity, age, and known or suspected medical diagnosis or
136 disability, if any, of the deceased;
137 (ii) the date, time, and location of death;
138 (iii) the law enforcement agency that detained, arrested, or was in the process of
139 arresting the deceased; and
140 (iv) a brief description of the circumstances surrounding the death;
141 (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
142 each of the in-custody deaths described in Subsection (2)(g);
143 (j) the county jail's policy for notifying an inmate's next of kin after the inmate's
144 in-custody death;
145 (k) the county jail policies, procedures, and protocols:
146 (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
147 including use of opiates;
148 (ii) that relate to the county jail's provision, or lack of provision, of medications used to
149 treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
150 forms of buprenorphine and naltrexone; and
151 (iii) that relate to screening, assessment, and treatment of an inmate for a substance use
152 or mental health disorder; and
153 (l) any report the county jail provides or is required to provide under federal law or
154 regulation relating to inmate deaths.
155 (3) (a) Subsection (2) does not apply to a county jail if the county jail:
156 (i) collects and stores the data described in Subsection (2); and
157 (ii) enters into a memorandum of understanding with the commission that allows the
158 commission to access the data described in Subsection (2).
159 (b) The memorandum of understanding described in Subsection (3)(a)(ii) shall include
160 a provision to protect any information related to an ongoing investigation and comply with all
161 applicable federal and state laws.
162 (c) If the commission accesses data from a county jail in accordance with Subsection
163 (3)(a), the commission may not release a report prepared from that data, unless:
164 (i) the commission provides the report for review to:
165 (A) the county jail; and
166 (B) any arresting agency that is named in the report; and
167 (ii) (A) the county jail approves the report for release;
168 (B) the county jail reviews the report and prepares a response to the report to be
169 published with the report; or
170 (C) the county jail fails to provide a response to the report within four weeks after the
171 day on which the commission provides the report to the county jail.
172 (4) The commission shall:
173 (a) compile the information from the reports described in Subsection (2);
174 (b) omit or redact any identifying information of an inmate in the compilation to the
175 extent omission or redaction is necessary to comply with state and federal law ;
176 (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
177 Committee and the Utah Substance Use and Mental Health Advisory Council before November
178 1 of each year; and
179 (d) submit the compilation to the protection and advocacy agency designated by the
180 governor before November 1 of each year.
181 (5) The [
182 access to or use a county jail's policies, procedures, or protocols submitted under this section in
183 a manner or for a purpose not described in this section.
184 (6) A report including only the names and causes of death of deceased inmates and the
185 facility in which they were being held in custody [
186 Section 3. Section 17-55-101 is enacted to read:
187
188
189 17-55-101. Definitions.
190 As used in this part:
191 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
192 created in Section 63M-7-201.
193 (2) "Criminal justice agency" means an agency or institution directly involved in the
194 apprehension, prosecution, or incarceration of a person involved in criminal activity.
195 (3) "Criminal justice coordinating council" or "council" means a council created by a
196 county or counties in accordance with Section 17-55-201.
197 (4) "Criminal justice system" means the continuum of criminal justice agencies and
198 post-incarceration services that an individual may encounter as a result of the individual's
199 criminal activity.
200 (5) (a) "Post-incarceration services" means services that may assist an individual who
201 is leaving incarceration to reintegrate into the community.
202 (b) "Post-incarceration services" includes:
203 (i) educational services;
204 (ii) housing services;
205 (iii) health care services;
206 (iv) workforce services; and
207 (v) human services programs.
208 Section 4. Section 17-55-201 is enacted to read:
209
210 17-55-201. Criminal justice coordinating councils -- Creation -- Strategic plan --
211 Reporting requirements.
212 (1) (a) Beginning January 1, 2023, a county shall:
213 (i) create a criminal justice coordinating council; or
214 (ii) jointly with another county or counties, create a criminal justice coordinating
215 council.
216 (b) The purpose of a council is to coordinate and improve components of the criminal
217 justice system in the county or counties.
218 (2) (a) A council shall include:
219 (i) one county commissioner or county council member;
220 (ii) the county sheriff or the sheriff's designee;
221 (iii) one chief of police of a municipality within the county or the chief's designee;
222 (iv) the county attorney or the attorney's designee;
223 (v) one public defender or attorney who provides public defense within the county;
224 (vi) one district court judge;
225 (vii) one justice court judge;
226 (viii) one representative from the Division of Adult Probation and Parole within the
227 Department of Corrections;
228 (ix) one representative from the local mental health authority within the county; and
229 (x) one individual who is:
230 (A) a crime victim; or
231 (B) a victim advocate, as defined in Section 77-38-403.
232 (b) A council may include:
233 (i) an individual representing:
234 (A) local government;
235 (B) human services programs;
236 (C) higher education;
237 (D) peer support services;
238 (E) workforce services;
239 (F) local housing services;
240 (G) mental health or substance use disorder providers;
241 (H) a health care organization within the county;
242 (I) a local homeless council;
243 (J) family counseling and support groups; or
244 (K) organizations that work with families of incarcerated individuals; or
245 (ii) an individual with lived experiences in the criminal justice system.
246 (3) The member described in Subsection (2)(a)(i) shall serve as chair of the council.
247 (4) (a) A council shall develop and implement a strategic plan for the county's or
248 counties' criminal justice system that includes:
249 (i) mapping of all systems, resources, assets, and services within the county's or
250 counties' criminal justice system;
251 (ii) a plan for data sharing across the county's or counties' criminal justice system;
252 (iii) recidivism reduction objectives; and
253 (iv) community reintegration goals.
254 (b) The commission may assist a council in the development of a strategic plan.
255 (5) Before November 30 of each year, a council shall provide a written report to the
256 commission regarding:
257 (a) the implementation of a strategic plan described in Subsection (4); and
258 (b) any data on the impact of the council on the criminal justice system in the county or
259 counties.
260 Section 5. Section 62A-4a-412 is amended to read:
261 62A-4a-412. Reports, information, and referrals confidential.
262 (1) Except as otherwise provided in this chapter, reports made under this part, as well
263 as any other information in the possession of the division obtained as the result of a report are
264 private, protected, or controlled records under Title 63G, Chapter 2, Government Records
265 Access and Management Act, and may only be made available to:
266 (a) a police or law enforcement agency investigating a report of known or suspected
267 abuse or neglect, including members of a child protection team;
268 (b) a physician who reasonably believes that a child may be the subject of abuse or
269 neglect;
270 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
271 who is the subject of a report;
272 (d) a contract provider that has a written contract with the division to render services to
273 a minor who is the subject of a report;
274 (e) a subject of the report, the natural parents of the child, and the guardian ad litem;
275 (f) a court, upon a finding that access to the records may be necessary for the
276 determination of an issue before the court, provided that in a divorce, custody, or related
277 proceeding between private parties, the record alone is:
278 (i) limited to objective or undisputed facts that were verified at the time of the
279 investigation; and
280 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
281 ultimate issue of whether or not an individual's acts or omissions constituted any level of abuse
282 or neglect of another individual;
283 (g) an office of the public prosecutor or its deputies in performing an official duty;
284 (h) a person authorized by a Children's Justice Center, for the purposes described in
285 Section 67-5b-102;
286 (i) a person engaged in bona fide research, when approved by the director of the
287 division, if the information does not include names and addresses;
288 (j) the State Board of Education, acting on behalf of itself or on behalf of a local
289 education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an
290 individual should be permitted to obtain or retain a license as an educator or serve as an
291 employee or volunteer in a school, limited to information with substantiated or supported
292 findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
293 offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
294 the Person, and with the understanding that the office must provide the subject of a report
295 received under Subsection (1)(k) with an opportunity to respond to the report before making a
296 decision concerning licensure or employment;
297 (k) any individual identified in the report as a perpetrator or possible perpetrator of
298 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
299 (l) a person filing a petition for a child protective order on behalf of a child who is the
300 subject of the report;
301 (m) a licensed child-placing agency or person who is performing a preplacement
302 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
303 78B-6-130;
304 (n) an Indian tribe to:
305 (i) certify or license a foster home;
306 (ii) render services to a subject of a report; or
307 (iii) investigate an allegation of abuse, neglect, or dependency; or
308 (o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
309 local substance abuse authority, described in Section 17-43-201, for the purpose of providing
310 substance abuse treatment to a pregnant woman or a parent of a newborn child, or the services
311 described in Subsection 62A-15-103(2)[
312 (2) (a) A person, unless listed in Subsection (1), may not request another person to
313 obtain or release a report or any other information in the possession of the division obtained as
314 a result of the report that is available under Subsection (1)(k) to screen for potential
315 perpetrators of abuse or neglect.
316 (b) A person who requests information knowing that the request is a violation of
317 Subsection (2)(a) is subject to the criminal penalty in Subsection (4).
318 (3) (a) Except as provided in Section 62A-4a-1007, the division and law enforcement
319 officials shall ensure the anonymity of the person or persons making the initial report and any
320 others involved in the division's or law enforcement officials' subsequent investigation.
321 (b) Notwithstanding any other provision of law, excluding Section 80-3-107, but
322 including this chapter and Title 63G, Chapter 2, Government Records Access and Management
323 Act, when the division makes a report or other information in the division's possession
324 available under Subsection (1)(e) to a subject of the report or a parent of a child, the division
325 shall remove from the report or other information only the names, addresses, and telephone
326 numbers of individuals or specific information that could:
327 (i) identify the referent;
328 (ii) impede a criminal investigation; or
329 (iii) endanger an individual's safety.
330 (4) Any person who willfully permits, or aides and abets the release of data or
331 information obtained as a result of this part, in the possession of the division or contained on
332 any part of the Management Information System, in violation of this part or Sections
333 62A-4a-1003 through 62A-4a-1007, is guilty of a class C misdemeanor.
334 (5) (a) As used in this Subsection (5), "physician" means an individual licensed to
335 practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
336 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
337 (b) The physician-patient privilege does not:
338 (i) excuse a physician from reporting suspected abuse, neglect, fetal alcohol syndrome,
339 or fetal drug dependency under this part; and
340 (ii) constitute grounds for excluding evidence regarding a child's injuries, or the cause
341 of the child's injuries, in any judicial or administrative proceeding resulting from a report under
342 this part.
343 (6) A child-placing agency or person who receives a report in connection with a
344 preplacement adoptive evaluation under Sections 78B-6-128 and 78B-6-130:
345 (a) may provide this report to the person who is the subject of the report; and
346 (b) may provide this report to a person who is performing a preplacement adoptive
347 evaluation in accordance with the requirement of Sections 78B-6-128 and 78B-6-130, or to a
348 licensed child-placing agency or to an attorney seeking to facilitate an adoption.
349 (7) A member of a child protection team may, before the day on which the child is
350 removed, share case-specific information obtained from the division under this section with
351 other members of the child protection team.
352 (8) (a) Except as provided in Subsection (8)(b), in a divorce, custody, or related
353 proceeding between private parties, a court may not receive into evidence a report that:
354 (i) is provided to the court:
355 (A) under Subsection (1)(f); or
356 (B) by a parent of the child after the record is made available to the parent under
357 Subsection (1)(e);
358 (ii) describes a parent of the child as the alleged perpetrator; and
359 (iii) is found to be unsubstantiated, unsupported, or without merit.
360 (b) (i) After a motion to admit the report described in Subsection (8)(a) is made, the
361 court shall allow sufficient time for all subjects of the record to respond before making a
362 finding on the motion.
363 (ii) After considering the motion described in Subsection (8)(b)(i), the court may
364 receive the report into evidence upon a finding on the record of good cause.
365 Section 6. Section 62A-15-103 is amended to read:
366 62A-15-103. Division -- Creation -- Responsibilities.
367 (1) (a) There is created the Division of Substance Abuse and Mental Health within the
368 department, under the administration and general supervision of the executive director.
369 (b) The division is the substance abuse authority and the mental health authority for
370 this state.
371 (2) The division shall:
372 (a) (i) educate the general public regarding the nature and consequences of substance
373 abuse by promoting school and community-based prevention programs;
374 (ii) render support and assistance to public schools through approved school-based
375 substance abuse education programs aimed at prevention of substance abuse;
376 (iii) promote or establish programs for the prevention of substance abuse within the
377 community setting through community-based prevention programs;
378 (iv) cooperate with and assist treatment centers, recovery residences, and other
379 organizations that provide services to individuals recovering from a substance abuse disorder,
380 by identifying and disseminating information about effective practices and programs;
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387 mental health, and physical health[
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389 assessment, prevention, treatment, and recovery support services in the community for
390 individuals with a substance use disorder [
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394 (A) emergency department utilization;
395 (B) jail and prison populations;
396 (C) the homeless population; and
397 (D) the child welfare system; and
398 [
399 educate individuals convicted of driving under the influence of alcohol or drugs or driving with
400 any measurable controlled substance in the body;
401 (b) (i) collect and disseminate information pertaining to mental health;
402 (ii) provide direction over the state hospital including approval of the state hospital's
403 budget, administrative policy, and coordination of services with local service plans;
404 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
405 Rulemaking Act, to educate families concerning mental illness and promote family
406 involvement, when appropriate, and with patient consent, in the treatment program of a family
407 member; and
408 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
409 Rulemaking Act, to direct that an individual receiving services through a local mental health
410 authority or the Utah State Hospital be informed about and, if desired by the individual,
411 provided assistance in the completion of a declaration for mental health treatment in
412 accordance with Section 62A-15-1002;
413 (c) (i) consult and coordinate with local substance abuse authorities and local mental
414 health authorities regarding programs and services;
415 (ii) provide consultation and other assistance to public and private agencies and groups
416 working on substance abuse and mental health issues;
417 (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
418 medical and social agencies, public health authorities, law enforcement agencies, education and
419 research organizations, and other related groups;
420 (iv) promote or conduct research on substance abuse and mental health issues, and
421 submit to the governor and the Legislature recommendations for changes in policy and
422 legislation;
423 (v) receive, distribute, and provide direction over public funds for substance abuse and
424 mental health services;
425 (vi) monitor and evaluate programs provided by local substance abuse authorities and
426 local mental health authorities;
427 (vii) examine expenditures of local, state, and federal funds;
428 (viii) monitor the expenditure of public funds by:
429 (A) local substance abuse authorities;
430 (B) local mental health authorities; and
431 (C) in counties where they exist, a private contract provider that has an annual or
432 otherwise ongoing contract to provide comprehensive substance abuse or mental health
433 programs or services for the local substance abuse authority or local mental health authority;
434 (ix) contract with local substance abuse authorities and local mental health authorities
435 to provide a comprehensive continuum of services that include community-based services for
436 individuals involved in the criminal justice system, in accordance with division policy, contract
437 provisions, and the local plan;
438 (x) contract with private and public entities for special statewide or nonclinical
439 services, or services for individuals involved in the criminal justice system, according to
440 division rules;
441 (xi) review and approve each local substance abuse authority's plan and each local
442 mental health authority's plan in order to ensure:
443 (A) a statewide comprehensive continuum of substance abuse services;
444 (B) a statewide comprehensive continuum of mental health services;
445 (C) services result in improved overall health and functioning;
446 (D) a statewide comprehensive continuum of community-based services designed to
447 reduce criminal risk factors for individuals who are determined to have substance abuse or
448 mental illness conditions or both, and who are involved in the criminal justice system;
449 (E) compliance, where appropriate, with the certification requirements in Subsection
450 (2)(j); and
451 (F) appropriate expenditure of public funds;
452 (xii) review and make recommendations regarding each local substance abuse
453 authority's contract with the local substance abuse authority's provider of substance abuse
454 programs and services and each local mental health authority's contract with the local mental
455 health authority's provider of mental health programs and services to ensure compliance with
456 state and federal law and policy;
457 (xiii) monitor and ensure compliance with division rules and contract requirements;
458 and
459 (xiv) withhold funds from local substance abuse authorities, local mental health
460 authorities, and public and private providers for contract noncompliance, failure to comply
461 with division directives regarding the use of public funds, or for misuse of public funds or
462 money;
463 (d) ensure that the requirements of this part are met and applied uniformly by local
464 substance abuse authorities and local mental health authorities across the state;
465 (e) require each local substance abuse authority and each local mental health authority,
466 in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
467 the division on or before May 15 of each year;
468 (f) conduct an annual program audit and review of each local substance abuse authority
469 and each local substance abuse authority's contract provider, and each local mental health
470 authority and each local mental health authority's contract provider, including:
471 (i) a review and determination regarding whether:
472 (A) public funds allocated to the local substance abuse authority or the local mental
473 health authorities are consistent with services rendered by the authority or the authority's
474 contract provider, and with outcomes reported by the authority's contract provider; and
475 (B) each local substance abuse authority and each local mental health authority is
476 exercising sufficient oversight and control over public funds allocated for substance use
477 disorder and mental health programs and services; and
478 (ii) items determined by the division to be necessary and appropriate;
479 (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
480 Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
481 (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
482 supports services to an individual with:
483 (A) a substance use disorder;
484 (B) a mental health disorder; or
485 (C) a substance use disorder and a mental health disorder;
486 (ii) certify a person to carry out, as needed, the division's duty to train and certify an
487 adult as a peer support specialist;
488 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
489 Rulemaking Act, that:
490 (A) establish training and certification requirements for a peer support specialist;
491 (B) specify the types of services a peer support specialist is qualified to provide;
492 (C) specify the type of supervision under which a peer support specialist is required to
493 operate; and
494 (D) specify continuing education and other requirements for maintaining or renewing
495 certification as a peer support specialist; and
496 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
497 Rulemaking Act, that:
498 (A) establish the requirements for a person to be certified to carry out, as needed, the
499 division's duty to train and certify an adult as a peer support specialist; and
500 (B) specify how the division shall provide oversight of a person certified to train and
501 certify a peer support specialist;
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536 analyze and provide recommendations to the Legislature regarding:
537 (i) pretrial services and the resources needed to reduce recidivism;
538 (ii) county jail and county behavioral health early-assessment resources needed for an
539 [
540 (iii) the replacement of federal dollars associated with drug interdiction law
541 enforcement task forces that are reduced;
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549 (j) establish performance goals and outcome measurements for a mental health or
550 substance use treatment program that is licensed under Chapter 2, Licensure of Programs and
551 Facilities, and contracts with the department, including goals and measurements related to
552 employment and reducing recidivism of individuals receiving mental health or substance use
553 treatment who are involved with the criminal justice system;
554 (k) annually, on or before November 30, submit a written report to the Judiciary
555 Interim Committee, the Health and Human Services Interim Committee, and the Law
556 Enforcement and Criminal Justice Interim Committee, that includes:
557 (i) a description of the performance goals and outcome measurements described in
558 Subsection (2)(j); and
559 (ii) information on the effectiveness of the goals and measurements in ensuring
560 appropriate and adequate mental health or substance use treatment is provided in a treatment
561 program described in Subsection (2)(j);
562 (l) collaborate with the Administrative Office of the Courts, the Department of
563 Corrections, the Department of Workforce Services, and the Board of Pardons and Parole to
564 collect data on recidivism, including data on:
565 (i) individuals who participate in a mental health or substance use treatment program
566 while incarcerated and are convicted of another offense within two years after release from
567 incarceration;
568 (ii) individuals who are ordered by a criminal court or the Board of Pardons and Parole
569 to participate in a mental health or substance use treatment program and are convicted of
570 another offense while participating in the treatment program or within two years after the day
571 on which the treatment program ends;
572 (iii) the type of treatment provided to, and employment of, the individuals described in
573 Subsections (2)(l)(i) and (ii); and
574 (iv) cost savings associated with recidivism reduction and the reduction in the number
575 of inmates in the state;
576 (m) [
577 decisions regarding the use of funds allocated to the division[
578
579
580 (n) annually, on or before August 31, submit the data collected under Subsection
581 [
582 Commission on Criminal and Juvenile Justice[
583
584
585
586 Subsection 63M-7-204(1)(x);
587 (o) publish the following on the division's website:
588 (i) the performance goals and outcome measurements described in Subsection (2)(j);
589 and
590 (ii) a description of the services provided and the contact information for the mental
591 health and substance use treatment programs described in Subsection (2)(j) and residential,
592 vocational and life skills programs, as defined in Section 13-53-102; and
593 [
594 Child and Family Services to develop and manage the operation of a program designed to
595 reduce substance abuse during pregnancy and by parents of a newborn child that includes:
596 (i) providing education and resources to health care providers and individuals in the
597 state regarding prevention of substance abuse during pregnancy;
598 (ii) providing training to health care providers in the state regarding screening of a
599 pregnant woman or pregnant minor to identify a substance abuse disorder; and
600 (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
601 child in need of substance abuse treatment services to a facility that has the capacity to provide
602 the treatment services.
603 (3) In addition to the responsibilities described in Subsection (2), the division shall,
604 within funds appropriated by the Legislature for this purpose, implement and manage the
605 operation of a firearm safety and suicide prevention program, in consultation with the Bureau
606 of Criminal Identification created in Section 53-10-201, including:
607 (a) coordinating with the Department of Health, local mental health and substance
608 abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
609 Utah-based nonprofit organization with expertise in the field of firearm use and safety that
610 represents firearm owners, to:
611 (i) produce and periodically review and update a firearm safety brochure and other
612 educational materials with information about the safe handling and use of firearms that
613 includes:
614 (A) information on safe handling, storage, and use of firearms in a home environment;
615 (B) information about at-risk individuals and individuals who are legally prohibited
616 from possessing firearms;
617 (C) information about suicide prevention awareness; and
618 (D) information about the availability of firearm safety packets;
619 (ii) procure cable-style gun locks for distribution under this section;
620 (iii) produce a firearm safety packet that includes the firearm safety brochure and the
621 cable-style gun lock described in this Subsection (3); and
622 (iv) create a suicide prevention education course that:
623 (A) provides information for distribution regarding firearm safety education;
624 (B) incorporates current information on how to recognize suicidal behaviors and
625 identify individuals who may be suicidal; and
626 (C) provides information regarding crisis intervention resources;
627 (b) distributing, free of charge, the firearm safety packet to the following persons, who
628 shall make the firearm safety packet available free of charge:
629 (i) health care providers, including emergency rooms;
630 (ii) mobile crisis outreach teams;
631 (iii) mental health practitioners;
632 (iv) other public health suicide prevention organizations;
633 (v) entities that teach firearm safety courses;
634 (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
635 of students in the school district; and
636 (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
637 (c) creating and administering a rebate program that includes a rebate that offers
638 between $10 and $200 off the purchase price of a firearm safe from a participating firearms
639 dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
640 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
641 making rules that establish procedures for:
642 (i) producing and distributing the suicide prevention education course and the firearm
643 safety brochures and packets;
644 (ii) procuring the cable-style gun locks for distribution; and
645 (iii) administering the rebate program; and
646 (e) reporting to the Health and Human Services Interim Committee regarding
647 implementation and success of the firearm safety program and suicide prevention education
648 course at or before the November meeting each year.
649 (4) (a) The division may refuse to contract with and may pursue legal remedies against
650 any local substance abuse authority or local mental health authority that fails, or has failed, to
651 expend public funds in accordance with state law, division policy, contract provisions, or
652 directives issued in accordance with state law.
653 (b) The division may withhold funds from a local substance abuse authority or local
654 mental health authority if the authority's contract provider of substance abuse or mental health
655 programs or services fails to comply with state and federal law or policy.
656 (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
657 or local mental health authority, the division shall review and determine whether the local
658 substance abuse authority or local mental health authority is complying with the oversight and
659 management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
660 17-43-309.
661 (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
662 liability described in Section 17-43-303 and to the responsibility and liability described in
663 Section 17-43-203.
664 (6) In carrying out the division's duties and responsibilities, the division may not
665 duplicate treatment or educational facilities that exist in other divisions or departments of the
666 state, but shall work in conjunction with those divisions and departments in rendering the
667 treatment or educational services that those divisions and departments are competent and able
668 to provide.
669 (7) The division may accept in the name of and on behalf of the state donations, gifts,
670 devises, or bequests of real or personal property or services to be used as specified by the
671 donor.
672 (8) The division shall annually review with each local substance abuse authority and
673 each local mental health authority the authority's statutory and contract responsibilities
674 regarding:
675 (a) use of public funds;
676 (b) oversight of public funds; and
677 (c) governance of substance use disorder and mental health programs and services.
678 (9) The Legislature may refuse to appropriate funds to the division upon the division's
679 failure to comply with the provisions of this part.
680 (10) If a local substance abuse authority contacts the division under Subsection
681 17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
682 minor, the division shall:
683 (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
684 capacity to provide the treatment services; or
685 (b) otherwise ensure that treatment services are made available to the pregnant woman
686 or pregnant minor.
687 (11) The division shall employ a school-based mental health specialist to be housed at
688 the State Board of Education who shall work with the State Board of Education to:
689 (a) provide coordination between a local education agency and local mental health
690 authority;
691 (b) recommend evidence-based and evidence informed mental health screenings and
692 intervention assessments for a local education agency; and
693 (c) coordinate with the local community, including local departments of health, to
694 enhance and expand mental health related resources for a local education agency.
695 Section 7. Section 62A-15-123 is amended to read:
696 62A-15-123. Statewide Behavioral Health Crisis Response Account -- Creation --
697 Administration -- Permitted uses.
698 (1) There is created a restricted account within the General Fund known as the
699 "Statewide Behavioral Health Crisis Response Account," consisting of:
700 (a) money appropriated or otherwise made available by the Legislature; and
701 (b) contributions of money, property, or equipment from federal agencies, political
702 subdivisions of the state, or other persons.
703 (2) (a) Subject to appropriations by the Legislature and any contributions to the account
704 described in Subsection (1)(b), the division shall disburse funds in the account only for the
705 purpose of support or implementation of services or enhancements of those services in order to
706 rapidly, efficiently, and effectively deliver 988 services in the state.
707 (b) Funds distributed from the account to county local mental health and substance
708 abuse authorities for the provision of crisis services are not subject to the 20% county match
709 described in Sections 17-43-201 and 17-43-301.
710 (c) [
711 expending funds from the account as follows:
712 (i) the Statewide Mental Health Crisis Line, as defined in Section 62A-15-1301,
713 including coordination with 911 emergency service, as defined in Section 69-2-102, and
714 coordination with local substance abuse authorities as described in Section 17-43-201, and
715 local mental health authorities, described in Section 17-43-301;
716 (ii) mitigation of any negative impacts on 911 emergency service from 988 services;
717 (iii) mobile crisis outreach teams as defined in Section 62A-15-1401, distributed in
718 accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah
719 Administrative Rulemaking Act;
720 (iv) behavioral health receiving centers as defined in Section 62A-15-118;
721 (v) stabilization services as described in Section 62A-1-104; and
722 (vi) mental health crisis services provided by local substance abuse authorities as
723 described in Section 17-43-201 and local mental health authorities described in Section
724 17-43-301 to provide prolonged mental health services for up to 90 days after the day on which
725 an individual experiences a mental health crisis.
726 (d) If the Legislature appropriates money to the account for a purpose described in
727 Subsection (2)(c), the division shall use the appropriation for that purpose.
728 (3) Subject to appropriations by the Legislature and any contributions to the account
729 described in Subsection (1)(b), the division may expend funds in the account for administrative
730 costs that the division incurs related to administering the account.
731 (4) The division director shall submit and make available to the public a report before
732 December of each year to the Behavioral Health Crisis Response Commission, as defined in
733 Section 63C-18-202, the Social Services Appropriations Subcommittee, and the Legislative
734 Management Committee that includes:
735 (a) the amount of each disbursement from the [
736
737 (b) the recipient of each disbursement, the goods and services received, and a
738 description of the project funded by the disbursement;
739 (c) any conditions placed by the division on the disbursements from the [
740 account;
741 (d) the anticipated expenditures from the [
742 account for the next fiscal year;
743 (e) the amount of any unexpended funds carried forward;
744 (f) the number of Statewide Mental Health Crisis Line calls received;
745 (g) the progress towards accomplishing the goals of providing statewide mental health
746 crisis service; and
747 (h) other relevant justification for ongoing support from the [
748 Section 8. Section 62A-15-602 is amended to read:
749 62A-15-602. Definitions.
750 As used in this part, Part 7, Commitment of Persons Under Age 18 to Division of
751 Substance Abuse and Mental Health, Part 8, Interstate Compact on Mental Health, Part 9, Utah
752 Forensic Mental Health Facility, Part 10, Declaration for Mental Health Treatment, and Part
753 12, Essential Treatment and Intervention Act:
754 (1) "Adult" means an individual 18 years of age or older.
755 (2) "Approved treatment facility or program" means a mental health or substance use
756 treatment provider that meets the [
757 [
758 (3) "Assisted outpatient treatment" means involuntary outpatient mental health
759 treatment ordered under Section 62A-15-630.5.
760 (4) "Commitment to the custody of a local mental health authority" means that an adult
761 is committed to the custody of the local mental health authority that governs the mental health
762 catchment area where the adult resides or is found.
763 (5) "Community mental health center" means an entity that provides treatment and
764 services to a resident of a designated geographical area, that operates by or under contract with
765 a local mental health authority, and that complies with state standards for community mental
766 health centers.
767 (6) "Designated examiner" means:
768 (a) a licensed physician, preferably a psychiatrist, who is designated by the division as
769 specially qualified by training or experience in the diagnosis of mental or related illness; or
770 (b) a licensed mental health professional designated by the division as specially
771 qualified by training and who has at least five years' continual experience in the treatment of
772 mental illness.
773 (7) "Designee" means a physician who has responsibility for medical functions
774 including admission and discharge, an employee of a local mental health authority, or an
775 employee of a person that has contracted with a local mental health authority to provide mental
776 health services under Section 17-43-304.
777 (8) "Essential treatment" and "essential treatment and intervention" mean court-ordered
778 treatment at a local substance abuse authority or an approved treatment facility or program for
779 the treatment of an adult's substance use disorder.
780 (9) "Harmful sexual conduct" means the following conduct upon an individual without
781 the individual's consent, including the nonconsensual circumstances described in Subsections
782 76-5-406(2)(a) through (l):
783 (a) sexual intercourse;
784 (b) penetration, however slight, of the genital or anal opening of the individual;
785 (c) any sexual act involving the genitals or anus of the actor or the individual and the
786 mouth or anus of either individual, regardless of the gender of either participant; or
787 (d) any sexual act causing substantial emotional injury or bodily pain.
788 (10) "Informed waiver" means the patient was informed of a right and, after being
789 informed of that right and the patient's right to waive the right, expressly communicated his or
790 her intention to waive that right.
791 (11) "Institution" means a hospital or a health facility licensed under Section 26-21-8.
792 (12) "Local substance abuse authority" means the same as that term is defined in
793 Section 62A-15-102 and described in Section 17-43-201.
794 (13) "Mental health facility" means the Utah State Hospital or other facility that
795 provides mental health services under contract with the division, a local mental health
796 authority, a person that contracts with a local mental health authority, or a person that provides
797 acute inpatient psychiatric services to a patient.
798 (14) "Mental health officer" means an individual who is designated by a local mental
799 health authority as qualified by training and experience in the recognition and identification of
800 mental illness, to:
801 (a) apply for and provide certification for a temporary commitment; or
802 (b) assist in the arrangement of transportation to a designated mental health facility.
803 (15) "Mental illness" means:
804 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
805 behavioral, or related functioning; or
806 (b) the same as that term is defined in:
807 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
808 published by the American Psychiatric Association; or
809 (ii) the current edition of the International Statistical Classification of Diseases and
810 Related Health Problems.
811 (16) "Patient" means an individual who is:
812 (a) under commitment to the custody or to the treatment services of a local mental
813 health authority; or
814 (b) undergoing essential treatment and intervention.
815 (17) "Physician" means an individual who is:
816 (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
817 (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
818 Practice Act.
819 (18) "Serious bodily injury" means bodily injury that involves a substantial risk of
820 death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
821 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
822 (19) "Substantial danger" means that due to mental illness, an individual is at serious
823 risk of:
824 (a) suicide;
825 (b) serious bodily self-injury;
826 (c) serious bodily injury because the individual is incapable of providing the basic
827 necessities of life, including food, clothing, or shelter;
828 (d) causing or attempting to cause serious bodily injury to another individual; or
829 (e) engaging in harmful sexual conduct.
830 (20) "Treatment" means psychotherapy, medication, including the administration of
831 psychotropic medication, or other medical treatments that are generally accepted medical or
832 psychosocial interventions for the purpose of restoring the patient to an optimal level of
833 functioning in the least restrictive environment.
834 Section 9. Section 63M-7-204 is amended to read:
835 63M-7-204. Duties of commission.
836 (1) The State Commission on Criminal and Juvenile Justice administration shall:
837 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
838 (b) promote the communication and coordination of all criminal and juvenile justice
839 agencies;
840 (c) study, evaluate, and report on the status of crime in the state and on the
841 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
842 reduction of crime in the state;
843 (d) study, evaluate, and report on programs initiated by state and local agencies to
844 address reducing recidivism, including changes in penalties and sentencing guidelines intended
845 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
846 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
847 alternative to incarceration, as resources allow;
848 (e) study, evaluate, and report on policies, procedures, and programs of other
849 jurisdictions which have effectively reduced crime;
850 (f) identify and promote the implementation of specific policies and programs the
851 commission determines will significantly reduce crime in Utah;
852 (g) provide analysis and recommendations on all criminal and juvenile justice
853 legislation, state budget, and facility requests, including program and fiscal impact on all
854 components of the criminal and juvenile justice system;
855 (h) provide analysis, accountability, recommendations, and supervision for state and
856 federal criminal justice grant money;
857 (i) provide public information on the criminal and juvenile justice system and give
858 technical assistance to agencies or local units of government on methods to promote public
859 awareness;
860 (j) promote research and program evaluation as an integral part of the criminal and
861 juvenile justice system;
862 (k) provide a comprehensive criminal justice plan annually;
863 (l) review agency forecasts regarding future demands on the criminal and juvenile
864 justice systems, including specific projections for secure bed space;
865 (m) promote the development of criminal and juvenile justice information systems that
866 are consistent with common standards for data storage and are capable of appropriately sharing
867 information with other criminal justice information systems by:
868 (i) developing and maintaining common data standards for use by all state criminal
869 justice agencies;
870 (ii) annually performing audits of criminal history record information maintained by
871 state criminal justice agencies to assess their accuracy, completeness, and adherence to
872 standards;
873 (iii) defining and developing state and local programs and projects associated with the
874 improvement of information management for law enforcement and the administration of
875 justice; and
876 (iv) establishing general policies concerning criminal and juvenile justice information
877 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
878 Subsection (1)(m);
879 (n) allocate and administer grants, from money made available, for approved education
880 programs to help prevent the sexual exploitation of children;
881 (o) allocate and administer grants for law enforcement operations and programs related
882 to reducing illegal drug activity and related criminal activity;
883 (p) request, receive, and evaluate data and recommendations collected and reported by
884 agencies and contractors related to policies recommended by the commission regarding
885 recidivism reduction, including the data described in Section 13-53-111 and Subsection
886 62A-15-103(2)(l);
887 (q) establish and administer a performance incentive grant program that allocates funds
888 appropriated by the Legislature to programs and practices implemented by counties that reduce
889 recidivism and reduce the number of offenders per capita who are incarcerated;
890 (r) oversee or designate an entity to oversee the implementation of juvenile justice
891 reforms;
892 (s) make rules and administer the juvenile holding room standards and juvenile jail
893 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
894 pursuant to 42 U.S.C. Sec. 5633;
895 (t) allocate and administer grants, from money made available, for pilot qualifying
896 education programs;
897 (u) oversee the trauma-informed justice program described in Section 63M-7-209;
898 (v) request, receive, and evaluate the aggregate data collected from prosecutorial
899 agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
900 and 78A-2-109.5; [
901 (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
902 on the progress made on each of the following goals of the Justice Reinvestment Initiative:
903 (i) ensuring oversight and accountability;
904 (ii) supporting local corrections systems;
905 (iii) improving and expanding reentry and treatment services; and
906 (iv) strengthening probation and parole supervision[
907 (x) compile a report of findings based on the data and recommendations provided
908 under Section 13-53-111 and Subsection 62A-15-103(2)(n) that:
909 (i) separates the data provided under Section 13-53-111 by each residential, vocational
910 and life skills program; and
911 (ii) separates the data provided under Subsection 62A-15-103(2)(n) by each mental
912 health or substance use treatment program; and
913 (y) publish the report described in Subsection (1)(x) on the commission's website and
914 annually provide the report to the Judiciary Interim Committee, the Health and Human Services
915 Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
916 related appropriations subcommittees.
917 (2) If the commission designates an entity under Subsection (1)(r), the commission
918 shall ensure that the membership of the entity includes representation from the three branches
919 of government and, as determined by the commission, representation from relevant stakeholder
920 groups across all parts of the juvenile justice system, including county representation.
921 Section 10. Section 63M-7-218 is enacted to read:
922 63M-7-218. State grant requirements.
923 (1) As used in this section, "commission" means the State Commission on Criminal
924 and Juvenile Justice created in Section 63M-7-201.
925 (2) Beginning July 1, 2023, the commission may not award any grant of state funds to:
926 (a) a county that is subject to, and not in compliance with, Subsection 64-13e-104(6);
927 (b) a county jail that is subject to, and not in compliance with, Subsection 17-22-32(2)
928 or 77-20-103(2);
929 (c) a criminal justice coordinating council that is subject to, and not in compliance
930 with, Subsection 17-55-201(5);
931 (d) a state or local government agency or nonprofit organization that is subject to, and
932 not in compliance with, Subsection 63M-7-214(7);
933 (e) a law enforcement agency that is subject to, and not in compliance with, Subsection
934 63M-7-214(7) or 77-7-8.5(2);
935 (f) a prosecutorial agency that is subject to, and not in compliance with, Subsection
936 63M-7-216(2) or 77-22-2.5(9); or
937 (g) a residential, vocational and life skills program that is subject to, and not in
938 compliance with, Section 13-53-111.
939 Section 11. Section 64-13-6 is amended to read:
940 64-13-6. Department duties.
941 (1) The department shall:
942 (a) protect the public through institutional care and confinement, and supervision in the
943 community of offenders where appropriate;
944 (b) implement court-ordered punishment of offenders;
945 (c) provide evidence-based and evidence-informed program opportunities for offenders
946 designed to reduce offenders' criminogenic and recidivism risks, including behavioral,
947 cognitive, educational, and career-readiness program opportunities;
948 (d) ensure that offender participation in all program opportunities described in
949 Subsection (1)(c) is voluntary;
950 (e) where appropriate, utilize offender volunteers as mentors in the program
951 opportunities described in Subsection (1)(c);
952 (f) provide treatment for sex offenders who are found to be treatable based upon
953 criteria developed by the department;
954 (g) provide the results of ongoing clinical assessment of sex offenders and objective
955 diagnostic testing to sentencing and release authorities;
956 (h) manage programs that take into account the needs and interests of victims, where
957 reasonable;
958 (i) supervise probationers and parolees as directed by statute and implemented by the
959 courts and the Board of Pardons and Parole;
960 (j) subject to Subsection (2), investigate criminal conduct involving offenders
961 incarcerated in a state correctional facility;
962 (k) cooperate and exchange information with other state, local, and federal law
963 enforcement agencies to achieve greater success in prevention and detection of crime and
964 apprehension of criminals;
965 (l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
966 Offender Supervision;
967 (m) establish a case action plan based on appropriate validated risk, needs, and
968 responsivity assessments for each offender as follows:
969 (i) (A) if an offender is to be supervised in the community, the department shall
970 establish a case action plan [
971 60 days after [
972 supervision of the offender begins; and
973 (B) if the offender is committed to the custody of the department, the department shall
974 establish a case action plan [
975 90 days after the [
976 department;
977 (ii) each case action plan shall integrate an individualized, evidence-based, and
978 evidence-informed treatment and program plan with clearly defined completion requirements;
979 (iii) the department shall share each newly established case action plan with the
980 sentencing and release authority within 30 days after the day on which the case action plan is
981 established; and
982 (iv) the department shall share any changes to a case action plan, including any change
983 in an offender's risk assessment, with the sentencing and release authority within 30 days after
984 the day of the change; and
985 (n) ensure that any training or certification required of a public official or public
986 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
987 22, State Training and Certification Requirements, if the training or certification is required:
988 (i) under this title;
989 (ii) by the department; or
990 (iii) by an agency or division within the department.
991 (2) The department may in the course of supervising probationers and parolees:
992 (a) respond in accordance with the graduated and evidence-based processes established
993 by the Utah Sentencing Commission under Subsection 63M-7-404(6), to an individual's
994 violation of one or more terms of the probation or parole; and
995 (b) upon approval by the court or the Board of Pardons and Parole, impose as a
996 sanction for an individual's violation of the terms of probation or parole a period of
997 incarceration of not more than three consecutive days and not more than a total of five days
998 within a period of 30 days.
999 (3) (a) By following the procedures in Subsection (3)(b), the department may
1000 investigate the following occurrences at state correctional facilities:
1001 (i) criminal conduct of departmental employees;
1002 (ii) felony crimes resulting in serious bodily injury;
1003 (iii) death of any person; or
1004 (iv) aggravated kidnaping.
1005 (b) Before investigating any occurrence specified in Subsection (3)(a), the department
1006 shall:
1007 (i) notify the sheriff or other appropriate law enforcement agency promptly after
1008 ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
1009 occurred; and
1010 (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
1011 conduct an investigation involving an occurrence specified in Subsection (3)(a).
1012 (4) Upon request, the department shall provide copies of investigative reports of
1013 criminal conduct to the sheriff or other appropriate law enforcement agencies.
1014 (5) (a) The executive director of the department, or the executive director's designee if
1015 the designee possesses expertise in correctional programming, shall consult at least annually
1016 with cognitive and career-readiness staff experts from the Utah system of higher education and
1017 the State Board of Education to review the department's evidence-based and evidence-informed
1018 treatment and program opportunities.
1019 (b) Beginning in the 2022 interim, the department shall provide an annual report to the
1020 Law Enforcement and Criminal Justice Interim Committee regarding the department's
1021 implementation of and offender participation in evidence-based and evidence-informed
1022 treatment and program opportunities designed to reduce the criminogenic and recidivism risks
1023 of offenders over time.
1024 (6) (a) As used in this Subsection (6):
1025 (i) "Accounts receivable" means any amount owed by an offender arising from a
1026 criminal judgment that has not been paid.
1027 (ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
1028 surcharges, costs, interest, penalties, restitution to victims, third-party claims, claims,
1029 reimbursement of a reward, and damages that an offender is ordered to pay.
1030 (b) The department shall collect and disburse, with any interest and any other costs
1031 assessed under Section 64-13-21, an accounts receivable for an offender during:
1032 (i) the parole period and any extension of that period in accordance with Subsection
1033 (6)(c); and
1034 (ii) the probation period for which the court orders supervised probation and any
1035 extension of that period by the department in accordance with Subsection 77-18-105(7).
1036 (c) (i) If an offender has an unpaid balance of the offender's accounts receivable at the
1037 time that the offender's sentence expires or terminates, the department shall be referred to the
1038 sentencing court for the sentencing court to enter a civil judgment of restitution and a civil
1039 accounts receivable as described in Section 77-18-114.
1040 (ii) If the board makes an order for restitution within 60 days from the day on which
1041 the offender's sentence expires or terminates, the board shall refer the order for restitution to
1042 the sentencing court to be entered as a civil judgment of restitution as described in Section
1043 77-18-114.
1044 (d) This Subsection (6) only applies to offenders sentenced before July 1, 2021.
1045 Section 12. Section 64-13-21 is amended to read:
1046 64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking
1047 -- POST certified parole or probation officers and peace officers -- Duties -- Supervision
1048 fee.
1049 (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
1050 offenders placed in the community on probation by the courts, on parole by the Board of
1051 Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate
1052 Compact for the Supervision of Parolees and Probationers.
1053 (b) If a sentenced offender participates in substance use treatment or a residential,
1054 vocational and life skills program, as defined in Section 13-53-102, while under supervision on
1055 probation or parole, the department shall monitor the offender's compliance with and
1056 completion of the treatment or program.
1057 [
1058 (i) the supervision of offenders in accordance with sentencing guidelines and
1059 supervision length guidelines, including the graduated and evidence-based responses,
1060 established by the Utah Sentencing Commission, giving priority, based on available resources,
1061 to felony offenders and offenders sentenced [
1062 (2)(b)(ii)[
1063 (ii) the monitoring described in Subsection (1)(b).
1064 (2) The department shall apply the graduated and evidence-based responses established
1065 by the Utah Sentencing Commission to facilitate a prompt and appropriate response to an
1066 individual's violation of the terms of probation or parole, including:
1067 (a) sanctions to be used in response to a violation of the terms of probation or parole;
1068 and
1069 (b) requesting approval from the court or Board of Pardons and Parole to impose a
1070 sanction for an individual's violation of the terms of probation or parole, for a period of
1071 incarceration of not more than three consecutive days and not more than a total of five days
1072 within a period of 30 days.
1073 (3) The department shall implement a program of graduated incentives as established
1074 by the Utah Sentencing Commission to facilitate the department's prompt and appropriate
1075 response to an offender's:
1076 (a) compliance with the terms of probation or parole; or
1077 (b) positive conduct that exceeds those terms.
1078 (4) (a) The department shall, in collaboration with the State Commission on Criminal
1079 and Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards
1080 and procedures for the collection of information, including cost savings related to recidivism
1081 reduction and the reduction in the number of inmates, related to the use of the graduated and
1082 evidence-based responses and graduated incentives, and offenders' outcomes.
1083 (b) The collected information shall be provided to the State Commission on Criminal
1084 and Juvenile Justice not less frequently than annually on or before August 31.
1085 (5) Employees of the department who are POST certified as law enforcement officers
1086 or correctional officers and who are designated as parole and probation officers by the
1087 executive director have the following duties:
1088 (a) monitoring, investigating, and supervising a parolee's or probationer's compliance
1089 with the conditions of the parole or probation agreement;
1090 (b) investigating or apprehending any offender who has escaped from the custody of
1091 the department or absconded from supervision;
1092 (c) supervising any offender during transportation; or
1093 (d) collecting DNA specimens when the specimens are required under Section
1094 53-10-404.
1095 (6) (a) (i) A monthly supervision fee of $30 shall be collected from each offender on
1096 probation or parole.
1097 (ii) The fee described in Subsection (6)(a)(i) may be suspended or waived by the
1098 department upon a showing by the offender that imposition would create a substantial hardship
1099 or if the offender owes restitution to a victim.
1100 (b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
1101 Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
1102 supervision fee and the circumstances under which an offender may request a hearing.
1103 (ii) In determining whether the imposition of the supervision fee would constitute a
1104 substantial hardship, the department shall consider the financial resources of the offender and
1105 the burden that the fee would impose, with regard to the offender's other obligations.
1106 (7) (a) For offenders placed on probation under Section 77-18-105 or parole under
1107 Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019, the
1108 department shall establish a program allowing an offender to earn credits for the offender's
1109 compliance with the terms of the offender's probation or parole, which shall be applied to
1110 reducing the period of probation or parole as provided in this Subsection (7).
1111 (b) The program shall provide that an offender earns a reduction credit of 30 days from
1112 the offender's period of probation or parole for each month the offender completes without any
1113 violation of the terms of the offender's probation or parole agreement, including the case action
1114 plan.
1115 (c) The department shall maintain a record of credits earned by an offender under this
1116 Subsection (7) and shall request from the court or the Board of Pardons and Parole the
1117 termination of probation or parole not fewer than 30 days prior to the termination date that
1118 reflects the credits earned under this Subsection (7).
1119 (d) This Subsection (7) does not prohibit the department from requesting a termination
1120 date earlier than the termination date established by earned credits under Subsection (7)(c).
1121 (e) The court or the Board of Pardons and Parole shall terminate an offender's
1122 probation or parole upon completion of the period of probation or parole accrued by time
1123 served and credits earned under this Subsection (7) unless the court or the Board of Pardons
1124 and Parole finds that termination would interrupt the completion of a necessary treatment
1125 program, in which case the termination of probation or parole shall occur when the treatment
1126 program is completed.
1127 (f) The department shall report annually to the State Commission on Criminal and
1128 Juvenile Justice on or before August 31:
1129 (i) the number of offenders who have earned probation or parole credits under this
1130 Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
1131 offenders on probation or parole during that time that this number represents;
1132 (ii) the average number of credits earned by those offenders who earned credits;
1133 (iii) the number of offenders who earned credits by county of residence while on
1134 probation or parole;
1135 (iv) the cost savings associated with sentencing reform programs and practices; and
1136 (v) a description of how the savings will be invested in treatment and
1137 early-intervention programs and practices at the county and state levels.
1138 Section 13. Section 64-13-26 is amended to read:
1139 64-13-26. Private providers of services.
1140 (1) [
1141 [
1142 care, treatment, and supervision of [
1143 of the department.
1144 (2) (a) The department shall:
1145 (i) establish standards for the operation of the programs;
1146 (ii) establish standards [
1147 standards; and
1148 (iii) annually review the programs for compliance.
1149 (b) The reviews described in Subsection (2)(a) shall be classified as confidential
1150 internal working papers.
1151 (c) Access to records regarding the reviews is available upon the discretion of the
1152 executive director or the governor, or upon court order.
1153 Section 14. Section 64-13e-103 is amended to read:
1154 64-13e-103. Contracts for housing state inmates.
1155 (1) Subject to Subsection (6), the department may contract with a county to house state
1156 inmates in a county or other correctional facility.
1157 (2) The department shall give preference for placement of state inmates, over private
1158 entities, to county correctional facility bed spaces for which the department has contracted
1159 under Subsection (1).
1160 (3) (a) The compensation rate for housing state inmates pursuant to a contract
1161 described in Subsection (1) shall be:
1162 (i) except as provided in Subsection (3)(a)(ii), 83.19% of the actual state daily
1163 incarceration rate for beds in a county that, pursuant to the contract, are dedicated to a
1164 treatment program for state inmates, if the treatment program is approved by the department
1165 under Subsection (3)(c);
1166 (ii) 74.18% of the actual state daily incarceration rate for beds in a county that, pursuant
1167 to the contract, are dedicated to an alternative treatment program for state inmates, if the
1168 alternative treatment program is approved by the department under Subsection (3)(c); and
1169 (iii) 66.23% of the actual state daily incarceration rate for beds in a county other than
1170 the beds described in Subsections (3)(a)(i) and (ii).
1171 (b) The department shall:
1172 (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1173 Rulemaking Act, that establish standards that a treatment program is required to meet before
1174 the treatment program is considered for approval for the purpose of a county receiving payment
1175 based on the rate described in Subsection (3)(a)(i) or (ii); and
1176 (ii) determine on an annual basis, based on appropriations made by the Legislature for
1177 the contracts described in this section, whether to approve a treatment program that meets the
1178 standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
1179 based on the rate described in Subsection (3)(a)(i) or (ii).
1180 (c) The department may not approve a treatment program for the purpose of a county
1181 receiving payment based on the rate described in Subsection (3)(a)(i) or (ii), unless:
1182 (i) the program meets the standards established under Subsection (3)(b)(i);
1183 (ii) the department determines that the Legislature has appropriated sufficient funds to:
1184 (A) pay the county that provides the treatment program at the rate described in
1185 Subsection (3)(a)(i) or (ii); and
1186 (B) pay each county that does not provide a treatment program an amount per state
1187 inmate that is not less than the amount per state inmate received for the preceding fiscal year by
1188 a county that did not provide a treatment program; and
1189 (iii) the department determines that the treatment program is needed by the department
1190 at the location where the treatment program will be provided.
1191 (4) Compensation to a county for state inmates incarcerated under this section shall be
1192 made by the department.
1193 (5) Counties that contract with the department under Subsection (1) shall, on or before
1194 June 30 of each year, submit a report to the department that includes:
1195 (a) the number of state inmates the county housed under this section; and
1196 (b) the total number of state inmate days of incarceration that were provided by the
1197 county.
1198 (6) Except as provided under Subsection (7), the department may not enter into a
1199 contract described under Subsection (1), unless:
1200 (a) beginning July 1, 2023, the county jail within the county is in compliance with the
1201 reporting requirements described in Subsection 17-22-32(2); and
1202 (b) the Legislature has previously passed a joint resolution that includes the following
1203 information regarding the proposed contract:
1204 [
1205 [
1206 [
1207 [
1208 housed.
1209 (7) The department may enter into a contract with a county government to house
1210 inmates without complying with the approval process described in Subsection (6) only if the
1211 county facility was under construction, or already in existence, on March 16, 2001.
1212 (8) Any resolution passed by the Legislature under Subsection (6) does not bind or
1213 obligate the Legislature or the department regarding the proposed contract.
1214 Section 15. Section 78A-5-201 is amended to read:
1215 78A-5-201. Creation and expansion of existing drug court programs -- Definition
1216 of drug court program -- Criteria for participation in drug court programs -- Reporting
1217 requirements.
1218 (1) There may be created a drug court program in any judicial district that
1219 demonstrates:
1220 (a) the need for a drug court program; and
1221 (b) the existence of a collaborative strategy between the court, prosecutors, defense
1222 counsel, corrections, and substance abuse treatment services to reduce substance abuse by
1223 offenders.
1224 (2) The collaborative strategy in each drug court program shall:
1225 (a) include monitoring and evaluation components to measure program effectiveness;
1226 and
1227 (b) be submitted to, for the purpose of coordinating the disbursement of funding, the:
1228 (i) executive director of the Department of Human Services;
1229 (ii) executive director of the Department of Corrections; and
1230 (iii) state court administrator.
1231 (3) (a) Funds disbursed to a drug court program shall be allocated as follows:
1232 (i) 87% to the Department of Human Services for testing, treatment, and case
1233 management; and
1234 (ii) 13% to the Administrative Office of the Courts for increased judicial and court
1235 support costs.
1236 (b) This provision does not apply to federal block grant funds.
1237 (4) A drug court program shall include continuous judicial supervision using a
1238 cooperative approach with prosecutors, defense counsel, corrections, substance abuse treatment
1239 services, juvenile court probation, and the Division of Child and Family Services as appropriate
1240 to promote public safety, protect participants' due process rights, and integrate substance abuse
1241 treatment with justice system case processing.
1242 (5) Screening criteria for participation in a drug court program shall include:
1243 (a) a plea to, conviction of, or adjudication for a nonviolent drug offense or
1244 drug-related offense;
1245 (b) an agreement to frequent alcohol and other drug testing;
1246 (c) participation in one or more substance abuse treatment programs; and
1247 (d) an agreement to submit to sanctions for noncompliance with drug court program
1248 requirements.
1249 (6) (a) The Judicial Council shall develop rules prescribing eligibility requirements for
1250 participation in adult criminal drug courts.
1251 (b) Acceptance of an offender into a drug court shall be based on a risk and needs
1252 assessment, without regard to the nature of the offense.
1253 (c) A plea to, conviction of, or adjudication for a felony offense is not required for
1254 participation in a drug court program.
1255 Section 16. Repealer.
1256 This bill repeals:
1257 Section 62A-15-103.5, Provider certification.
1258 Section 17. Appropriation.
1259 The following sums of money are appropriated for the fiscal year beginning July 1,
1260 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
1261 fiscal year 2023.
1262 Subsection 17(a). Operating and Capital Budgets.
1263 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
1264 Legislature appropriates the following sums of money from the funds or accounts indicated for
1265 the use and support of the government of the state of Utah.
1266 ITEM 1
1267 To Department of Health and Human Services -- Integrated Health Care Services
1268 From General Fund Restricted -- Behavioral Health
1269 Crisis Response Account
$1,000,000
1270 Schedule of Programs:
1271 Non-Medicaid Behavioral Health
1272 Treatment and Crisis Response $1,000,000
1273 The Legislature intends that the appropriations under this item be used to build and
1274 operate one or more behavioral health receiving centers in a rural area of the state.
1275 Subsection 17(b). Restricted Fund and Account Transfers.
1276 The Legislature authorizes the State Division of Finance to transfer the following
1277 amounts between the following funds or accounts as indicated. Expenditures and outlays from
1278 the funds to which the money is transferred must be authorized by an appropriation.
1279 ITEM 2
1280 To General Fund Restricted -- Behavioral Health Crisis Response Account
1281 From General Fund
$1,000,000
1282 Schedule of Programs:
1283 General Fund Restricted -- Behavioral
1284 Health Crisis Response Account $1,000,000