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7 LONG TITLE
8 General Description:
9 This bill modifies the duties of the Utah Substance Use and Mental Health Advisory
10 Council (council) regarding forensic mental health.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies the council's membership to include an individual that represents the Utah
14 State Hospital;
15 ▸ moves responsibilities from the Forensic Mental Health Coordinating Council to the
16 council;
17 ▸ authorizes the council to determine and collect data from the Department of
18 Corrections regarding mental health services; and
19 ▸ requires the council to report on the adequacy of employee pay at the Utah State
20 Hospital.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a special effective date.
25 Utah Code Sections Affected:
26 AMENDS:
27 63M-7-301, as last amended by Laws of Utah 2022, Chapter 255
28 63M-7-303, as last amended by Laws of Utah 2022, Chapter 211
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 63M-7-301 is amended to read:
32 63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
33 (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
34 Advisory Council created in this section.
35 (b) There is created within the governor's office the Utah Substance Use and Mental
36 Health Advisory Council.
37 (2) The council shall be comprised of the following voting members:
38 (a) the attorney general or the attorney general's designee;
39 (b) one elected county official appointed by the Utah Association of Counties;
40 (c) the commissioner of public safety or the commissioner's designee;
41 (d) the director of the Division of Integrated Healthcare or the director's designee;
42 (e) the state superintendent of public instruction or the superintendent's designee;
43 (f) the executive director of the Department of Health and Human Services or the
44 executive director's designee;
45 (g) the executive director of the Commission on Criminal and Juvenile Justice or the
46 executive director's designee;
47 (h) the executive director of the Department of Corrections or the executive director's
48 designee;
49 (i) the director of the Division of Juvenile Justice Services or the director's designee;
50 (j) the director of the Division of Child and Family Services or the director's designee;
51 (k) the chair of the Board of Pardons and Parole or the chair's designee;
52 (l) the director of the Office of Multicultural Affairs or the director's designee;
53 (m) the director of the Division of Indian Affairs or the director's designee;
54 (n) the state court administrator or the state court administrator's designee;
55 (o) one district court judge who presides over a drug court and who is appointed by the
56 chief justice of the Utah Supreme Court;
57 (p) one district court judge who presides over a mental health court and who is
58 appointed by the chief justice of the Utah Supreme Court;
59 (q) one juvenile court judge who presides over a drug court and who is appointed by
60 the chief justice of the Utah Supreme Court;
61 (r) one prosecutor appointed by the Statewide Association of Prosecutors;
62 (s) the chair or co-chair of each committee established by the council;
63 (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
64 Subsection 62A-15-1101(2);
65 (u) one representative appointed by the Utah League of Cities and Towns to serve a
66 four-year term;
67 (v) the superintendent of the Utah State Hospital or the superintendent's designee;
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69 (i) one resident of the state who has been personally affected by a substance use or
70 mental health disorder; and
71 (ii) one citizen representative; and
72 [
73 [
74 Subsections (2)(a) through [
75 (i) one resident of the state who represents a statewide advocacy organization for
76 recovery from substance use disorders;
77 (ii) one resident of the state who represents a statewide advocacy organization for
78 recovery from mental illness;
79 (iii) one resident of the state who represents a statewide advocacy organization for
80 protection of rights of individuals with a disability;
81 (iv) one resident of the state who represents prevention professionals;
82 (v) one resident of the state who represents treatment professionals;
83 (vi) one resident of the state who represents the physical health care field;
84 (vii) one resident of the state who is a criminal defense attorney;
85 (viii) one resident of the state who is a military servicemember or military veteran
86 under Section 53B-8-102;
87 (ix) one resident of the state who represents local law enforcement agencies;
88 (x) one representative of private service providers that serve youth with substance use
89 disorders or mental health disorders; and
90 (xi) one resident of the state who is certified by the Division of Integrated Healthcare
91 as a peer support specialist as described in Subsection 62A-15-103(2)(h).
92 (3) An individual other than an individual described in Subsection (2) may not be
93 appointed as a voting member of the council.
94 Section 2. Section 63M-7-303 is amended to read:
95 63M-7-303. Duties of council.
96 (1) The Utah Substance Use and Mental Health Advisory Council shall:
97 (a) provide leadership and generate unity for Utah's ongoing efforts to reduce and
98 eliminate the impact of substance use and mental health disorders in Utah through a
99 comprehensive and evidence-based prevention, treatment, and justice strategy;
100 (b) recommend and coordinate the creation, dissemination, and implementation of
101 statewide policies to address substance use and mental health disorders;
102 (c) facilitate planning for a balanced continuum of substance use and mental health
103 disorder prevention, treatment, and justice services;
104 (d) promote collaboration and mutually beneficial public and private partnerships;
105 (e) coordinate recommendations made by any committee created under Section
106 63M-7-302;
107 (f) analyze and provide an objective assessment of all proposed legislation concerning
108 substance use, mental health, forensic mental health, and related issues;
109 (g) coordinate the implementation of Section 77-18-104 and related provisions in
110 Subsections 77-18-103(2)(c) and (d), as provided in Section 63M-7-305;
111 (h) comply with Sections 32B-2-306 and 62A-15-403; [
112 (i) oversee coordination for the funding, implementation, and evaluation of suicide
113 prevention efforts described in Section 62A-15-1101[
114 (j) advise the Department of Health and Human Services regarding the state hospital
115 admissions policy for individuals in the custody of the Department of Corrections;
116 (k) regarding the interaction between an individual with a mental illness or an
117 intellectual disability and the civil commitment system, criminal justice system, or juvenile
118 justice system:
119 (i) promote communication between and coordination among all agencies interacting
120 with the individual;
121 (ii) study, evaluate, and recommend changes to laws and procedures;
122 (iii) identify and promote the implementation of specific policies and programs to deal
123 fairly and efficiently with the individual; and
124 (iv) promote judicial education;
125 (l) study the long-term need for adult patient staffed beds at the state hospital,
126 including:
127 (i) the total number of staffed beds currently in use at the state hospital;
128 (ii) the current staffed bed capacity at the state hospital;
129 (iii) the projected total number of staffed beds needed in the adult general psychiatric
130 unit of the state hospital over the next three, five, and 10 years based on:
131 (A) the state's current and projected population growth;
132 (B) current access to mental health resources in the community; and
133 (C) any other factors the council finds relevant to projecting the total number of staffed
134 beds; and
135 (iv) the cost associated with the projected total number of staffed beds described in
136 Subsection (1)(l)(iii); and
137 (m) each year report on whether the pay of the state hospital's employees is adequate
138 based on market conditions.
139 (2) The council shall meet quarterly or more frequently as determined necessary by the
140 chair.
141 (3) The council shall report:
142 (a) with the assistance and staff support from the state hospital, regarding the items
143 described in Subsections (1)(l) and (m), including any recommendations, to the Health and
144 Human Services Interim Committee before October 1 of each year; and
145 (b) any other recommendations annually to the commission, the governor, the
146 Legislature, and the Judicial Council.
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149 Section 3. Effective date.
150 This bill takes effect on July 1, 2023.