1     
FORENSIC MENTAL HEALTH AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Michael S. Kennedy

6     

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

29     

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;
68          [(v)] (w) the following members appointed by the governor to serve four-year terms:
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          [(w)] (x) in addition to the voting members described in Subsections (2)(a) through
73     [(v)] (w), the following voting members appointed by a majority of the members described in
74     Subsections (2)(a) through [(v)] (w) to serve four-year terms:
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; [and]
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.
147          [(3) The council shall report the council's recommendations annually to the
148     commission, governor, the Legislature, and the Judicial Council.]
149          Section 3. Effective date.
150          This bill takes effect on July 1, 2023.