1     
BEHAVIORAL HEALTH SERVICES ACCESS AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses access to behavioral health resources and services.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     renames the Utah Substance Use and Mental Health Advisory Council as the Utah
14     Behavioral Health Advisory Commission (commission);
15          ▸     amends the duties of the commission;
16          ▸     requires the commission to:
17               •     study issues related to public access to behavioral health resources and services;
18               •     create and maintain a website to improve public access to behavioral health
19     resources and services;
20               •     establish certain goals and metrics; and
21               •     report annually to the Health and Human Services Interim Committee;
22          ▸     amends provisions relating to the duties of the Education and Mental Health
23     Coordinating Council; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:

28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          17-22-32, as last amended by Laws of Utah 2022, Chapter 187
32          26-7-10, as last amended by Laws of Utah 2022, Chapter 255
33          26-18-427, as enacted by Laws of Utah 2022, Chapter 394
34          32B-2-210, as last amended by Laws of Utah 2022, Chapter 447
35          32B-2-306, as last amended by Laws of Utah 2021, Chapter 291
36          32B-2-402, as last amended by Laws of Utah 2022, Chapter 255
37          32B-2-404, as last amended by Laws of Utah 2014, Chapter 119
38          32B-2-405, as last amended by Laws of Utah 2016, Chapter 144
39          32B-7-305, as last amended by Laws of Utah 2022, Chapter 447
40          62A-1-121, as last amended by Laws of Utah 2022, Chapter 447
41          62A-15-403, as renumbered and amended by Laws of Utah 2022, Chapter 211
42          62A-15-605, as last amended by Laws of Utah 2020, Chapter 304
43          62A-15-1100, as enacted by Laws of Utah 2018, Chapter 414
44          62A-15-1101, as last amended by Laws of Utah 2022, Chapter 149
45          63C-23-201, as enacted by Laws of Utah 2021, Chapter 171
46          63C-23-202, as enacted by Laws of Utah 2021, Chapter 171
47          63I-1-232, as last amended by Laws of Utah 2022, Chapter 34
48          63I-1-262, as last amended by Laws of Utah 2022, Chapters 34, 35, 149, 257, and 335
49          63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
50     249, 274, 296, 313, 361, 362, 417, 419, and 472
51          63M-7-202, as last amended by Laws of Utah 2020, Chapter 354
52          63M-7-301, as last amended by Laws of Utah 2022, Chapter 255
53          63M-7-302, as last amended by Laws of Utah 2019, Chapter 246
54          63M-7-303, as last amended by Laws of Utah 2022, Chapter 211
55          63M-7-304, as last amended by Laws of Utah 2010, Chapters 39, 286
56          63M-7-305, as last amended by Laws of Utah 2021, Chapter 260
57          63M-7-306, as last amended by Laws of Utah 2010, Chapter 39
58          64-13-45, as last amended by Laws of Utah 2019, Chapters 311, 385

59          77-18-104, as renumbered and amended by Laws of Utah 2021, Chapter 260
60     ENACTS:
61          63M-7-307, Utah Code Annotated 1953
62     

63     Be it enacted by the Legislature of the state of Utah:
64          Section 1. Section 17-22-32 is amended to read:
65          17-22-32. County jail reporting requirements.
66          (1) As used in this section:
67          (a) "Commission" means the State Commission on Criminal and Juvenile Justice
68     created in Section 63M-7-201.
69          (b) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
70     custody of a county jail.
71          (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
72          (A) being transported for medical care; or
73          (B) receiving medical care outside of a county jail.
74          (c) "Inmate" means an individual who is processed or booked into custody or housed in
75     a county jail in the state.
76          (d) "Opiate" means the same as that term is defined in Section 58-37-2.
77          (2) Each county jail shall submit a report to the commission before June 15 of each
78     year that includes, for the preceding calendar year:
79          (a) the average daily inmate population each month;
80          (b) the number of inmates in the county jail on the last day of each month who identify
81     as each race or ethnicity included in the Standards for Transmitting Race and Ethnicity
82     published by the Untied States Federal Bureau of Investigation;
83          (c) the number of inmates booked into the county jail;
84          (d) the number of inmates held in the county jail each month on behalf of each of the
85     following entities:
86          (i) the Bureau of Indian Affairs;
87          (ii) a state prison;
88          (iii) a federal prison;
89          (iv) the United States Immigration and Customs Enforcement; and

90          (v) any other entity with which a county jail has entered a contract to house inmates on
91     the entity's behalf;
92          (e) the number of inmates that are denied pretrial release and held in the custody of the
93     county jail while the inmate awaited final disposition of the inmate's criminal charges;
94          (f) for each inmate booked into the county jail:
95          (i) the name of the agency that arrested the inmate;
96          (ii) the date and time the inmate was booked into and released from the custody of the
97     county jail;
98          (iii) if the inmate was released from the custody of the county jail, the reason the
99     inmate was released from the custody of the county jail;
100          (iv) if the inmate was released from the custody of the county jail on a financial
101     condition, whether the financial condition was set by a bail commissioner or a court;
102          (v) the number of days the inmate was held in the custody of the county jail before
103     disposition of the inmate's criminal charges;
104          (vi) whether the inmate was released from the custody of the county jail before final
105     disposition of the inmate's criminal charges; and
106          (vii) the state identification number of the inmate;
107          (g) the number of in-custody deaths that occurred at the county jail;
108          (h) for each in-custody death;
109          (i) the name, gender, race, ethnicity, age, and known or suspected medical diagnosis or
110     disability, if any, of the deceased;
111          (ii) the date, time, and location of death;
112          (iii) the law enforcement agency that detained, arrested, or was in the process of
113     arresting the deceased; and
114          (iv) a brief description of the circumstances surrounding the death;
115          (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
116     each of the in-custody deaths described in Subsection (2)(g);
117          (j) the county jail's policy for notifying an inmate's next of kin after the inmate's
118     in-custody death;
119          (k) the county jail policies, procedures, and protocols:
120          (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,

121     including use of opiates;
122          (ii) that relate to the county jail's provision, or lack of provision, of medications used to
123     treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
124     forms of buprenorphine and naltrexone; and
125          (iii) that relate to screening, assessment, and treatment of an inmate for a substance use
126     or mental health disorder; and
127          (l) any report the county jail provides or is required to provide under federal law or
128     regulation relating to inmate deaths.
129          (3) (a) Subsection (2) does not apply to a county jail if the county jail:
130          (i) collects and stores the data described in Subsection (2); and
131          (ii) enters into a memorandum of understanding with the commission that allows the
132     commission to access the data described in Subsection (2).
133          (b) The memorandum of understanding described in Subsection (3)(a)(ii) shall include
134     a provision to protect any information related to an ongoing investigation and comply with all
135     applicable federal and state laws.
136          (c) If the commission accesses data from a county jail in accordance with Subsection
137     (3)(a), the commission may not release a report prepared from that data, unless:
138          (i) the commission provides the report for review to:
139          (A) the county jail; and
140          (B) any arresting agency that is named in the report; and
141          (ii) (A) the county jail approves the report for release;
142          (B) the county jail reviews the report and prepares a response to the report to be
143     published with the report; or
144          (C) the county jail fails to provide a response to the report within four weeks after the
145     day on which the commission provides the report to the county jail.
146          (4) The commission shall:
147          (a) compile the information from the reports described in Subsection (2);
148          (b) omit or redact any identifying information of an inmate in the compilation to the
149     extent omission or redaction is necessary to comply with state and federal law;
150          (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
151     Committee and the Utah [Substance Use and Mental Health Advisory Council] Behavioral

152     Health Advisory Commission before November 1 of each year; and
153          (d) submit the compilation to the protection and advocacy agency designated by the
154     governor before November 1 of each year.
155          (5) The commission may not provide access to or use a county jail's policies,
156     procedures, or protocols submitted under this section in a manner or for a purpose not
157     described in this section.
158          (6) A report including only the names and causes of death of deceased inmates and the
159     facility in which they were being held in custody shall be made available to the public.
160          Section 2. Section 26-7-10 is amended to read:
161          26-7-10. Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
162     Program.
163          (1) As used in this section:
164          (a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
165     Prevention Committee created in Section 26B-1-204.
166          (b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
167     Prevention Program created in this section.
168          (2) (a) There is created within the department the Youth Electronic Cigarette,
169     Marijuana, and Other Drug Prevention Program.
170          (b) In consultation with the committee, the department shall:
171          (i) establish guidelines for the use of funds appropriated to the program;
172          (ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and
173     appropriate for the population targeted by the program; and
174          (iii) subject to appropriations from the Legislature, fund statewide initiatives to prevent
175     use of electronic cigarettes, nicotine products, marijuana, and other drugs by youth.
176          (3) (a) The committee shall advise the department on:
177          (i) preventing use of electronic cigarettes, marijuana, and other drugs by youth in the
178     state;
179          (ii) developing the guidelines described in Subsection (2)(b)(i); and
180          (iii) implementing the provisions of the program.
181          (b) The executive director shall:
182          (i) appoint members of the committee; and

183          (ii) consult with the Utah [Substance Use and Mental Health Advisory Council]
184     Behavioral Health Advisory Commission created in Section 63M-7-301 when making the
185     appointments under Subsection (3)(b)(i).
186          (c) The committee shall include, at a minimum:
187          (i) the executive director of a local health department as defined in Section 26A-1-102,
188     or the local health department executive director's designee;
189          (ii) one designee from the department;
190          (iii) one representative from the Department of Public Safety;
191          (iv) one representative from the behavioral health community; and
192          (v) one representative from the education community.
193          (d) A member of the committee may not receive compensation or benefits for the
194     member's service on the committee, but may receive per diem and travel expenses in
195     accordance with:
196          (i) Section 63A-3-106;
197          (ii) Section 63A-3-107; and
198          (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
199          (e) The department shall provide staff support to the committee.
200          (4) On or before October 31 of each year, the department shall report to:
201          (a) the Health and Human Services Interim Committee regarding:
202          (i) the use of funds appropriated to the program;
203          (ii) the impact and results of the program, including the effectiveness of each program
204     funded under Subsection (2)(b)(iii), during the previous fiscal year;
205          (iii) a summary of the impacts and results on reducing youth use of electronic cigarettes
206     and nicotine products by entities represented by members of the committee, including those
207     entities who receive funding through the Electronic Cigarette Substance and Nicotine Product
208     Tax Restricted Account created in Section 59-14-807; and
209          (iv) any recommendations for legislation; and
210          (b) the Utah [Substance Use and Mental Health Advisory Council] Behavioral Health
211     Advisory Commission created in Section 63M-7-301, regarding:
212          (i) the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing
213     youth use of electronic cigarettes, nicotine products, marijuana, and other drugs; and

214          (ii) any collaborative efforts and partnerships established by the program with public
215     and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.
216          Section 3. Section 26-18-427 is amended to read:
217          26-18-427. Behavioral health delivery working group.
218          (1) As used in this section, "targeted adult Medicaid program" means the same as that
219     term is defined in Section 26-18-411.
220          (2) On or before May 31, 2022, the department shall convene a working group to
221     collaborate with the department on:
222          (a) establishing specific and measurable metrics regarding:
223          (i) compliance of managed care organizations in the state with federal Medicaid
224     managed care requirements;
225          (ii) timeliness and accuracy of authorization and claims processing in accordance with
226     Medicaid policy and contract requirements;
227          (iii) reimbursement by managed care organizations in the state to providers to maintain
228     adequacy of access to care;
229          (iv) availability of care management services to meet the needs of Medicaid-eligible
230     individuals enrolled in the plans of managed care organizations in the state; and
231          (v) timeliness of resolution for disputes between a managed care organization and the
232     managed care organization's providers and enrollees;
233          (b) improving the delivery of behavioral health services in the Medicaid program;
234          (c) proposals to implement the delivery system adjustments authorized under
235     Subsection 26-18-428(3); and
236          (d) issues that are identified by managed care organizations, behavioral health service
237     providers, and the department.
238          (3) The working group convened under Subsection (2) shall:
239          (a) meet quarterly; and
240          (b) consist of at least the following individuals:
241          (i) the executive director or the executive director's designee;
242          (ii) for each Medicaid accountable care organization with which the department
243     contracts, an individual selected by the accountable care organization;
244          (iii) five individuals selected by the department to represent various types of behavioral

245     health services providers, including, at a minimum, individuals who represent providers who
246     provide the following types of services:
247          (A) acute inpatient behavioral health treatment;
248          (B) residential treatment;
249          (C) intensive outpatient or partial hospitalization treatment; and
250          (D) general outpatient treatment;
251          (iv) a representative of an association that represents behavioral health treatment
252     providers in the state, designated by the Utah Behavioral Healthcare Council convened by the
253     Utah Association of Counties;
254          (v) a representative of an organization representing behavioral health organizations;
255          (vi) the chair of the Utah [Substance Use and Mental Health Advisory Council]
256     Behavioral Health Advisory Commission created in Section 63M-7-301;
257          (vii) a representative of an association that represents local authorities who provide
258     public behavioral health care, designated by the department;
259          (viii) one member of the Senate, appointed by the president of the Senate; and
260          (ix) one member of the House of Representatives, appointed by the speaker of the
261     House of Representatives.
262          (4) The working group convened under this section shall recommend to the
263     department:
264          (a) specific and measurable metrics under Subsection (2)(a);
265          (b) how physical and behavioral health services may be integrated for the targeted adult
266     Medicaid program, including ways the department may address issues regarding:
267          (i) filing of claims;
268          (ii) authorization and reauthorization for treatment services;
269          (iii) reimbursement rates; and
270          (iv) other issues identified by the department, behavioral health services providers, or
271     Medicaid managed care organizations;
272          (c) ways to improve delivery of behavioral health services to enrollees, including
273     changes to statute or administrative rule; and
274          (d) wraparound service coverage for enrollees who need specific, nonclinical services
275     to ensure a path to success.

276          Section 4. Section 32B-2-210 is amended to read:
277          32B-2-210. Alcoholic Beverage Services Advisory Board.
278          (1) There is created within the department an advisory board known as the "Alcoholic
279     Beverage Services Advisory Board."
280          (2) The advisory board shall consist of eight voting members and one nonvoting
281     member as follows:
282          (a) four voting members appointed by the commission:
283          (i) one of whom represents the retail alcohol industry;
284          (ii) one of whom represents the wholesale alcohol industry;
285          (iii) one of whom represents the alcohol manufacturing industry; and
286          (iv) one of whom represents the restaurant industry;
287          (b) two voting members appointed by the commission, each of whom represents an
288     organization that addresses alcohol or drug abuse prevention, alcohol or drug related
289     enforcement, or alcohol or drug related education;
290          (c) the director of the Division of Substance Abuse and Mental Health or the director's
291     designee who serves as a voting member;
292          (d) the chair of the Utah [Substance Use and Mental Health Advisory Council]
293     Behavioral Health Advisory Commission, or the chair's designee, who serves as a voting
294     member; and
295          (e) the chair of the commission or the chair's designee from the members of the
296     commission, who serves as a nonvoting member.
297          (3) (a) Except as required by Subsection (3)(b), as terms of current voting members of
298     the advisory board expire, the commission shall appoint each new member or reappointed
299     member to a four-year term beginning July 1 and ending June 30.
300          (b) Notwithstanding the requirements of Subsection (3)(a), the commission shall, at the
301     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
302     voting advisory board members are staggered so that approximately half of the advisory board
303     is appointed every two years.
304          (c) No two members of the board may be employed by the same company or nonprofit
305     organization.
306          (4) (a) When a vacancy occurs in the membership for any reason, the commission shall

307     appoint a replacement for the unexpired term.
308          (b) The commission shall terminate the term of a voting advisory board member who
309     ceases to be representative as designated by the member's original appointment.
310          (5) The advisory board shall meet as called by the chair for the purpose of advising the
311     commission and the department, with discussion limited to administrative rules made under
312     this title.
313          (6) The chair of the commission or the chair's designee shall serve as the chair of the
314     advisory board and call the necessary meetings.
315          (7) (a) Five members of the board constitute a quorum of the board.
316          (b) An action of the majority when a quorum is present is the action of the board.
317          (8) The department shall provide staff support to the advisory board.
318          (9) A member may not receive compensation or benefits for the member's service, but
319     may receive per diem and travel expenses in accordance with:
320          (a) Section 63A-3-106;
321          (b) Section 63A-3-107; and
322          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
323     63A-3-107.
324          Section 5. Section 32B-2-306 is amended to read:
325          32B-2-306. Underage drinking prevention media and education campaign.
326          (1) As used in this section:
327          (a) ["Advisory council"] "Commission" means the Utah [Substance Use and Mental
328     Health Advisory Council] Behavioral Health Advisory Commission created in Section
329     63M-7-301.
330          (b) "Restricted account" means the Underage Drinking Prevention Media and
331     Education Campaign Restricted Account created in this section.
332          (2) (a) There is created a restricted account within the General Fund known as the
333     "Underage Drinking Prevention Media and Education Campaign Restricted Account."
334          (b) The restricted account consists of:
335          (i) deposits made under Subsection (3); and
336          (ii) interest earned on the restricted account.
337          (3) The department shall deposit 0.6% of the total gross revenue from sales of liquor

338     with the state treasurer, as determined by the total gross revenue collected for the fiscal year
339     two years preceding the fiscal year for which the deposit is made, to be credited to the
340     restricted account and to be used by the department as provided in Subsection (5).
341          (4) The [advisory council] commission shall:
342          (a) provide ongoing oversight of a media and education campaign funded under this
343     section;
344          (b) create an underage drinking prevention workgroup consistent with guidelines
345     proposed by the [advisory council] commission related to the membership and duties of the
346     underage drinking prevention workgroup;
347          (c) create guidelines for how money appropriated for a media and education campaign
348     can be used;
349          (d) include in the guidelines established pursuant to this Subsection (4) that a media
350     and education campaign funded under this section is carefully researched and developed, and
351     appropriate for target groups; and
352          (e) approve plans submitted by the department in accordance with Subsection (5).
353          (5) (a) Subject to appropriation from the Legislature, the department shall expend
354     money from the restricted account to direct and fund one or more media and education
355     campaigns designed to reduce underage drinking in cooperation with the [advisory council]
356     commission.
357          (b) The department shall:
358          (i) in cooperation with the underage drinking prevention workgroup created under
359     Subsection (4), prepare and submit a plan to the [advisory council] commission detailing the
360     intended use of the money appropriated under this section;
361          (ii) upon approval of the plan by the [advisory council] commission, conduct the media
362     and education campaign in accordance with the guidelines made by the [advisory council]
363     commission; and
364          (iii) submit to the [advisory council] commission annually by no later than October 1, a
365     written report detailing the use of the money for the media and education campaigns conducted
366     under this Subsection (5) and the impact and results of the use of the money during the prior
367     fiscal year ending June 30.
368          Section 6. Section 32B-2-402 is amended to read:

369          32B-2-402. Definitions -- Calculations.
370          (1) As used in this part:
371          (a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and
372     Treatment Restricted Account created in Section 32B-2-403.
373          [(b) "Advisory council" means the Utah Substance Use and Mental Health Advisory
374     Council created in Section 63M-7-301.]
375          [(c)] (b) "Alcohol-related offense" means:
376          (i) a violation of:
377          (A) Section 41-6a-502; or
378          (B) an ordinance that complies with the requirements of:
379          (I) Subsection 41-6a-510(1); or
380          (II) Section 76-5-207; or
381          (ii) an offense involving the illegal:
382          (A) sale of an alcoholic product;
383          (B) consumption of an alcoholic product;
384          (C) distribution of an alcoholic product;
385          (D) transportation of an alcoholic product; or
386          (E) possession of an alcoholic product.
387          [(d)] (c) "Annual conviction time period" means the time period that:
388          (i) begins on July 1 and ends on June 30; and
389          (ii) immediately precedes the fiscal year for which an appropriation under this part is
390     made.
391          (d) "Commission" means the Utah Behavioral Health Advisory Commission created in
392     Section 63M-7-301.
393          (e) "Municipality" means:
394          (i) a city;
395          (ii) a town; or
396          (iii) a metro township.
397          (f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah
398     Administrative Rulemaking Act, by the Division of Integrated Healthcare within the
399     Department of Health and Human Services.

400          (ii) In defining the term "prevention," the Division of Substance Abuse and Mental
401     Health shall:
402          (A) include only evidence-based or evidence-informed programs; and
403          (B) provide for coordination with local substance abuse authorities designated to
404     provide substance abuse services in accordance with Section 17-43-201.
405          (2) For purposes of Subsection 32B-2-404(1)(b)(iii), the number of premises located
406     within the limits of a municipality or county:
407          (a) is the number determined by the department to be so located;
408          (b) includes the aggregate number of premises of the following:
409          (i) a state store;
410          (ii) a package agency; and
411          (iii) a retail licensee; and
412          (c) for a county, consists only of the number located within an unincorporated area of
413     the county.
414          (3) The department shall determine:
415          (a) a population figure according to the most current population estimate prepared by
416     the Utah Population Committee;
417          (b) a county's population for the 25% distribution to municipalities and counties under
418     Subsection 32B-2-404(1)(b)(i) only with reference to the population in the unincorporated
419     areas of the county; and
420          (c) a county's population for the 25% distribution to counties under Subsection
421     32B-2-404(1)(b)(iv) only with reference to the total population in the county, including that of
422     a municipality.
423          (4) (a) A conviction occurs in the municipality or county that actually prosecutes the
424     offense to judgment.
425          (b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
426     the municipality or county that, except for the guilty plea, would have prosecuted the offense.
427          Section 7. Section 32B-2-404 is amended to read:
428          32B-2-404. Alcoholic Beverage and Substance Abuse Enforcement and
429     Treatment Restricted Account distribution.
430          (1) (a) The money deposited into the account under Section 32B-2-403 shall be

431     distributed to municipalities and counties:
432          (i) to the extent appropriated by the Legislature, except that the Legislature shall
433     appropriate each fiscal year an amount equal to at least the amount deposited in the account in
434     accordance with Section 59-15-109; and
435          (ii) as provided in this Subsection (1).
436          (b) The amount appropriated from the account shall be distributed as follows:
437          (i) 25% to municipalities and counties on the basis of the percentage of the state
438     population residing in each municipality and county;
439          (ii) 30% to municipalities and counties on the basis of each municipality's and county's
440     percentage of the statewide convictions for all alcohol-related offenses;
441          (iii) 20% to municipalities and counties on the basis of the percentage of the following
442     in the state that are located in each municipality and county:
443          (A) state stores;
444          (B) package agencies;
445          (C) retail licensees; and
446          (D) off-premise beer retailers; and
447          (iv) 25% to the counties for confinement and treatment purposes authorized by this part
448     on the basis of the percentage of the state population located in each county.
449          (c) (i) Except as provided in Subsection (1)(c)(ii), if a municipality does not have a law
450     enforcement agency:
451          (A) the municipality may not receive money under this part; and
452          (B) the State Tax Commission:
453          (I) may not distribute the money the municipality would receive but for the
454     municipality not having a law enforcement agency to that municipality; and
455          (II) shall distribute the money that the municipality would have received but for it not
456     having a law enforcement agency to the county in which the municipality is located for use by
457     the county in accordance with this part.
458          (ii) If the [advisory council] commission finds that a municipality described in
459     Subsection (1)(c)(i) demonstrates that the municipality can use the money that the municipality
460     is otherwise eligible to receive in accordance with this part, the [advisory council] commission
461     may direct the State Tax Commission to distribute the money to the municipality.

462          (2) To determine the distribution required by Subsection (1)(b)(ii), the State Tax
463     Commission shall annually:
464          (a) for an annual conviction time period:
465          (i) multiply by two the total number of convictions in the state obtained during the
466     annual conviction time period for violation of:
467          (A) Section 41-6a-502; or
468          (B) an ordinance that complies with the requirements of Subsection 41-6a-510(1) or
469     Section 76-5-207; and
470          (ii) add to the number calculated under Subsection (2)(a)(i) the number of convictions
471     obtained during the annual conviction time period for the alcohol-related offenses other than
472     the alcohol-related offenses described in Subsection (2)(a)(i);
473          (b) divide an amount equal to 30% of the appropriation for that fiscal year by the sum
474     obtained in Subsection (2)(a); and
475          (c) multiply the amount calculated under Subsection (2)(b), by the number of
476     convictions obtained in each municipality and county during the annual conviction time period
477     for alcohol-related offenses.
478          (3) By [not] no later than September 1 of each year:
479          (a) the state court administrator shall certify to the State Tax Commission the number
480     of convictions obtained for alcohol-related offenses in each municipality or county in the state
481     during the annual conviction time period; and
482          (b) the [advisory council] commission shall notify the State Tax Commission of any
483     municipality that does not have a law enforcement agency.
484          (4) By [not] no later than December 1 of each year, the [advisory council] commission
485     shall notify the State Tax Commission for the fiscal year of appropriation of:
486          (a) a municipality that may receive a distribution under Subsection (1)(c)(ii);
487          (b) a county that may receive a distribution allocated to a municipality described in
488     Subsection (1)(c)(i);
489          (c) a municipality or county that may not receive a distribution because the [advisory
490     council] commission has suspended the payment under Subsection 32B-2-405(2)(a); and
491          (d) a municipality or county that receives a distribution because the suspension of
492     payment has been cancelled under Subsection 32B-2-405(2).

493          (5) (a) By [not] no later than January 1 of the fiscal year of appropriation, the State Tax
494     Commission shall annually distribute to each municipality and county the portion of the
495     appropriation that the municipality or county is eligible to receive under this part, except for
496     any municipality or county that the [advisory council] commission notifies the State Tax
497     Commission in accordance with Subsection (4) may not receive a distribution in that fiscal
498     year.
499          (b) (i) The [advisory council] commission shall prepare forms for use by a municipality
500     or county in applying for a distribution under this part.
501          (ii) A form described in this Subsection (5) may require the submission of information
502     the [advisory council] commission considers necessary to enable the State Tax Commission to
503     comply with this part.
504          Section 8. Section 32B-2-405 is amended to read:
505          32B-2-405. Reporting by municipalities and counties -- Grants.
506          (1) A municipality or county that receives money under this part during a fiscal year
507     shall by no later than October 1 following the fiscal year:
508          (a) report to the [advisory council] commission:
509          (i) the programs or projects of the municipality or county that receive money under this
510     part;
511          (ii) if the money for programs or projects were exclusively used as required by
512     Subsection 32B-2-403(2);
513          (iii) indicators of whether the programs or projects that receive money under this part
514     are effective; and
515          (iv) if money received under this part was not expended by the municipality or county;
516     and
517          (b) provide the [advisory council] commission a statement signed by the chief
518     executive officer of the county or municipality attesting that the money received under this part
519     was used in addition to money appropriated or otherwise available for the county's or
520     municipality's law enforcement and was not used to supplant that money.
521          (2) The [advisory council] commission may, by a majority vote:
522          (a) suspend future payments under Subsection 32B-2-404(4) to a municipality or
523     county that:

524          (i) does not file a report that meets the requirements of Subsection (1); or
525          (ii) the [advisory council] commission finds does not use the money as required by
526     Subsection 32B-2-403(2) on the basis of the report filed by the municipality or county under
527     Subsection (1); and
528          (b) cancel a suspension under Subsection (2)(a).
529          (3) The State Tax Commission shall notify the [advisory council] commission of the
530     balance of any undistributed money after the annual distribution under Subsection
531     32B-2-404(5).
532          (4) (a) Subject to the requirements of this Subsection (4), the [advisory council]
533     commission shall award the balance of undistributed money under Subsection (3):
534          (i) as prioritized by majority vote of the [advisory council] commission; and
535          (ii) as grants to:
536          (A) a county;
537          (B) a municipality;
538          (C) the department;
539          (D) the Department of Health and Human Services;
540          (E) the Department of Public Safety; or
541          (F) the State Board of Education.
542          (b) By not later than May 30 of the fiscal year of the appropriation, the [advisory
543     council] commission shall notify the State Tax Commission of grants awarded under this
544     Subsection (4).
545          (c) The State Tax Commission shall make payments of a grant:
546          (i) upon receiving notice as provided under Subsection (4)(b); and
547          (ii) by not later than June 30 of the fiscal year of the appropriation.
548          (d) An entity that receives a grant under this Subsection (4) shall use the grant money
549     exclusively for programs or projects described in Subsection 32B-2-403(2).
550          Section 9. Section 32B-7-305 is amended to read:
551          32B-7-305. Tracking of enforcement actions -- Costs of enforcement actions.
552          (1) The Department of Public Safety shall administer a program to reimburse a
553     municipal or county law enforcement agency:
554          (a) for the actual costs of an alcohol-related compliance check investigation conducted

555     pursuant to Section 77-39-101 on the premises of an off-premise beer retailer;
556          (b) for administrative costs associated with reporting the compliance check
557     investigation described in Subsection (1)(a);
558          (c) if the municipal or county law enforcement agency completes and submits to the
559     Department of Public Safety a report within 90 days after the day on which the compliance
560     check investigation described in Subsection (1)(a) occurs in a format required by the
561     Department of Public Safety; and
562          (d) in the order that the municipal or county law enforcement agency submits the report
563     required by Subsection (1)(c) until the amount allocated by the Department of Public Safety to
564     reimburse a municipal or county law enforcement agency is spent.
565          (2) By no later than October 1 of each year, the Department of Public Safety shall
566     report to the Utah [Substance Use and Mental Health Advisory Council] Behavioral Health
567     Advisory Commission on the compliance check investigations:
568          (a) funded during the previous fiscal year; and
569          (b) reimbursed under Subsection (1).
570          Section 10. Section 62A-1-121 is amended to read:
571          62A-1-121. Tracking effects of abuse of alcoholic products.
572          (1) There is created a committee within the department known as the "Alcohol Abuse
573     Tracking Committee" that consists of:
574          (a) the executive director or the executive director's designee;
575          (b) the executive director of the Department of Health and Human Services or that
576     executive director's designee;
577          (c) the commissioner of the Department of Public Safety or the commissioner's
578     designee;
579          (d) the director of the Department of Alcoholic Beverage Services or that director's
580     designee;
581          (e) the executive director of the Department of Workforce Services or that executive
582     director's designee;
583          (f) the chair of the Utah [Substance Use and Mental Health Advisory Council]
584     Behavioral Health Advisory Commission or the chair's designee;
585          (g) the state court administrator or the state court administrator's designee; and

586          (h) the director of the Division of Technology Services or that director's designee.
587          (2) The executive director or the executive director's designee shall chair the
588     committee.
589          (3) (a) Four members of the committee constitute a quorum.
590          (b) A vote of the majority of the committee members present when a quorum is present
591     is an action of the committee.
592          (4) The committee shall meet at the call of the chair, except that the chair shall call a
593     meeting at least twice a year:
594          (a) with one meeting held each year to develop the report required under Subsection
595     (7); and
596          (b) with one meeting held to review and finalize the report before the report is issued.
597          (5) The committee may adopt additional procedures or requirements for:
598          (a) voting, when there is a tie of the committee members;
599          (b) how meetings are to be called; and
600          (c) the frequency of meetings.
601          (6) The committee shall establish a process to collect for each calendar year the
602     following information:
603          (a) the number of individuals statewide who are convicted of, plead guilty to, plead no
604     contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
605     violation related to underage drinking of alcohol;
606          (b) the number of individuals statewide who are convicted of, plead guilty to, plead no
607     contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
608     violation related to driving under the influence of alcohol;
609          (c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
610     related to over-serving or over-consumption of an alcoholic product;
611          (d) the cost of social services provided by the state related to abuse of alcohol,
612     including services provided by the Division of Child and Family Services;
613          (e) the location where the alcoholic products that result in the violations or costs
614     described in Subsections (6)(a) through (d) are obtained; and
615          (f) any information the committee determines can be collected and relates to the abuse
616     of alcoholic products.

617          (7) The committee shall report the information collected under Subsection (6) annually
618     to the governor and the Legislature by no later than the July 1 immediately following the
619     calendar year for which the information is collected.
620          Section 11. Section 62A-15-403 is amended to read:
621          62A-15-403. Drinking while pregnant prevention media and education campaign.
622          (1) As used in this section:
623          (a) ["Advisory council"] "Commission" means the Utah [Substance Use and Mental
624     Health Advisory Council] Behavioral Health Advisory Commission created in Section
625     63M-7-301.
626          (b) "Restricted account" means the Drinking While Pregnant Prevention Media and
627     Education Campaign Restricted Account created in Section 32B-2-308.
628          (2) The [advisory council] commission shall:
629          (a) provide ongoing oversight of each media and education campaign funded through
630     the restricted account;
631          (b) create a drinking while pregnant prevention workgroup consistent with guidelines
632     the [advisory council] commission proposes related to the workgroup's membership and duties;
633          (c) create guidelines for how money appropriated for a media and education campaign
634     can be used;
635          (d) include in the guidelines created under this Subsection (2) that a media and
636     education campaign funded through the restricted account shall be:
637          (i) carefully researched;
638          (ii) developed for target groups; and
639          (iii) appropriate for target groups; and
640          (e) approve or deny each plan the division submits in accordance with Subsection (3).
641          (3) (a) Subject to appropriation from the Legislature and in accordance with this
642     section, the division shall expend money from the restricted account to direct and fund one or
643     more media and education campaigns designed to reduce the consumption of alcohol while
644     pregnant.
645          (b) Before the division expends money from the restricted account for a media and
646     education campaign, the division shall, in cooperation with the drinking while pregnant
647     prevention workgroup created in accordance with Subsection (2), prepare and submit a plan to

648     the [advisory council] commission that:
649          (i) describes the media and education campaign; and
650          (ii) details how the division intends to use money from the restricted account to fund
651     the media and education campaign.
652          (c) If the [advisory council] commission approves the plan described in Subsection
653     (3)(b), the division shall conduct the media and education campaign in accordance with the
654     guidelines described in Subsection (2).
655          (4) The division shall submit to the Health and Human Services Interim Committee
656     and the [advisory council] commission annually by no later than October 1, a written report
657     detailing:
658          (a) the use of the money for the media and education campaigns conducted in
659     accordance with Subsection (3); and
660          (b) the impact and result of the use of the money during the previous fiscal year ending
661     June 30.
662          Section 12. Section 62A-15-605 is amended to read:
663          62A-15-605. Forensic Mental Health Coordinating Council -- Establishment and
664     purpose.
665          (1) There is established the Forensic Mental Health Coordinating Council composed of
666     the following members:
667          (a) the director of the Division of Substance Abuse and Mental Health or the director's
668     appointee;
669          (b) the superintendent of the state hospital or the superintendent's appointee;
670          (c) the executive director of the Department of Corrections or the executive director's
671     appointee;
672          (d) a member of the Board of Pardons and Parole or its appointee;
673          (e) the attorney general or the attorney general's appointee;
674          (f) the director of the Division of Services for People with Disabilities or the director's
675     appointee;
676          (g) the director of the Division of Juvenile Justice Services or the director's appointee;
677          (h) the director of the Commission on Criminal and Juvenile Justice or the director's
678     appointee;

679          (i) the state court administrator or the administrator's appointee;
680          (j) the state juvenile court administrator or the administrator's appointee;
681          (k) a representative from a local mental health authority or an organization, excluding
682     the state hospital that provides mental health services under contract with the Division of
683     Substance Abuse and Mental Health or a local mental health authority, as appointed by the
684     director of the division;
685          (l) the executive director of the Utah Developmental Disabilities Council or the
686     director's appointee; and
687          (m) other individuals, including individuals from appropriate advocacy organizations
688     with an interest in the [mission] purpose described in Subsection (3), as appointed by the
689     members described in Subsections (1)(a) through (l).
690          (2) A member may not receive compensation or benefits for the member's service, but
691     may receive per diem and travel expenses in accordance with:
692          (a) Section 63A-3-106;
693          (b) Section 63A-3-107; and
694          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
695     63A-3-107.
696          (3) The purpose of the Forensic Mental Health Coordinating Council is to:
697          (a) advise the director regarding the state hospital admissions policy for individuals in
698     the custody of the Department of Corrections;
699          (b) develop policies for coordination between the division and the Department of
700     Corrections;
701          (c) advise the executive director of the Department of Corrections regarding
702     department policy related to the care of individuals in the custody of the Department of
703     Corrections who are mentally ill;
704          (d) promote communication between and coordination among all agencies dealing with
705     individuals with an intellectual disability or mental illness who become involved in the civil
706     commitment system or in the criminal or juvenile justice system;
707          (e) study, evaluate, and recommend changes to laws and procedures relating to
708     individuals with an intellectual disability or mental illness who become involved in the civil
709     commitment system or in the criminal or juvenile justice system;

710          (f) identify and promote the implementation of specific policies and programs to deal
711     fairly and efficiently with individuals with an intellectual disability or mental illness who
712     become involved in the civil commitment system or in the criminal or juvenile justice system;
713          (g) promote judicial education relating to individuals with an intellectual disability or
714     mental illness who become involved in the civil commitment system or in the criminal or
715     juvenile justice system; and
716          (h) in consultation with the Utah [Substance Abuse Advisory Council] Behavioral
717     Health Advisory Commission created in Section 63M-7-301, study the long-term need for adult
718     patient beds at the state hospital, including:
719          (i) the total number of beds currently in use in the adult general psychiatric unit of the
720     state hospital;
721          (ii) the current bed capacity at the state hospital;
722          (iii) the projected total number of beds needed in the adult general psychiatric unit of
723     the state hospital over the next three, five, and 10 years based on:
724          (A) the state's current and projected population growth;
725          (B) current access to mental health resources in the community; and
726          (C) any other factors the Forensic Mental Health Coordinating Council finds relevant
727     to projecting the total number of beds; and
728          (iv) the cost associated with the projected total number of beds described in Subsection
729     (3)(h)(iii).
730          (4) The Forensic Mental Health Coordinating Council shall report the results of the
731     study described in Subsection (3)(h) and any recommended changes to laws or procedures
732     based on the results to the Health and Human Services Interim Committee before November 30
733     of each year.
734          Section 13. Section 62A-15-1100 is amended to read:
735          62A-15-1100. Definitions.
736          As used in this part:
737          [(1) "Advisory Council" means the Utah Substance Use and Mental Health Advisory
738     Council created in Section 63M-7-301.]
739          [(2)] (1) "Bureau" means the Bureau of Criminal Identification created in Section
740     53-10-201 within the Department of Public Safety.

741          [(3)] (2) "Coalition" means the Statewide Suicide Prevention Coalition created under
742     Subsection 62A-15-1101(2).
743          (3) "Commission" means the Utah Behavioral Health Advisory Commission created in
744     Section 63M-7-301.
745          (4) "Coordinator" means the state suicide prevention coordinator appointed under
746     Subsection 62A-15-1101(1).
747          (5) "Division" means the Division of Substance Abuse and Mental Health.
748          (6) "Fund" means the Governor's Suicide Prevention Fund created in Section
749     62A-15-1103.
750          (7) "Intervention" means an effort to prevent a person from attempting suicide.
751          (8) "Legal intervention" means an incident in which an individual is shot by another
752     individual who has legal authority to use deadly force.
753          (9) "Postvention" means intervention after a suicide attempt or a suicide death to
754     reduce risk and promote healing.
755          (10) "Shooter" means an individual who uses a gun in an act that results in the death of
756     the actor or another individual, whether the act was a suicide, homicide, legal intervention, act
757     of self-defense, or accident.
758          Section 14. Section 62A-15-1101 is amended to read:
759          62A-15-1101. Suicide prevention -- Reporting requirements.
760          (1) The division shall appoint a state suicide prevention coordinator to administer a
761     state suicide prevention program composed of suicide prevention, intervention, and postvention
762     programs, services, and efforts.
763          (2) The coordinator shall:
764          (a) establish a Statewide Suicide Prevention Coalition with membership from public
765     and private organizations and Utah citizens; and
766          (b) appoint a chair and co-chair from among the membership of the coalition to lead
767     the coalition.
768          (3) The state suicide prevention program may include the following components:
769          (a) delivery of resources, tools, and training to community-based coalitions;
770          (b) evidence-based suicide risk assessment tools and training;
771          (c) town hall meetings for building community-based suicide prevention strategies;

772          (d) suicide prevention gatekeeper training;
773          (e) training to identify warning signs and to manage an at-risk individual's crisis;
774          (f) evidence-based intervention training;
775          (g) intervention skills training;
776          (h) postvention training; or
777          (i) a public education campaign to improve public awareness about warning signs of
778     suicide and suicide prevention resources.
779          (4) The coordinator shall coordinate with the following to gather statistics, among
780     other duties:
781          (a) local mental health and substance abuse authorities;
782          (b) the State Board of Education, including the public education suicide prevention
783     coordinator described in Section 53G-9-702;
784          (c) the Department of Health and Human Services;
785          (d) health care providers, including emergency rooms;
786          (e) federal agencies, including the Federal Bureau of Investigation;
787          (f) other unbiased sources; and
788          (g) other public health suicide prevention efforts.
789          (5) The coordinator shall provide a written report to the Health and Human Services
790     Interim Committee, at or before the October meeting every year, on:
791          (a) implementation of the state suicide prevention program, as described in Subsections
792     (1) and (3);
793          (b) data measuring the effectiveness of each component of the state suicide prevention
794     program;
795          (c) funds appropriated for each component of the state suicide prevention program; and
796          (d) five-year trends of suicides in Utah, including subgroups of youths and adults and
797     other subgroups identified by the state suicide prevention coordinator.
798          (6) The coordinator shall, in consultation with the bureau, implement and manage the
799     operation of the firearm safety program described in Subsection 62A-15-103(3).
800          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
801     division shall make rules:
802          (a) governing the implementation of the state suicide prevention program, consistent

803     with this section; and
804          (b) in conjunction with the bureau, defining the criteria for employers to apply for
805     grants under the Suicide Prevention Education Program described in Section 62A-15-103.1,
806     which shall include:
807          (i) attendance at the suicide prevention education course described in Subsection
808     62A-15-103(3); and
809          (ii) distribution of the firearm safety brochures or packets created in Subsection
810     62A-15-103(3), but does not require the distribution of a cable-style gun lock with a firearm if
811     the firearm already has a trigger lock or comparable safety mechanism.
812          (8) As funding by the Legislature allows, the coordinator shall award grants, not to
813     exceed a total of $100,000 per fiscal year, to suicide prevention programs that focus on the
814     needs of children who have been served by the Division of Juvenile Justice Services.
815          (9) The coordinator and the coalition shall submit to the [advisory council]
816     commission, no later than October 1 of each year, a written report detailing the previous fiscal
817     year's activities to fund, implement, and evaluate suicide prevention activities described in this
818     section.
819          Section 15. Section 63C-23-201 is amended to read:
820          63C-23-201. Education and Mental Health Coordinating Council -- Membership
821     -- Quorum and voting requirements -- Compensation -- Staff support.
822          (1) There is created the Education and Mental Health Coordinating Council to:
823          (a) provide action-oriented guidance to legislative and other state leaders on how to
824     meet the behavioral health needs, including mental health and substance use issues, facing
825     youth and families within the state; and
826          (b) ensure close collaboration and alignment with existing statewide behavioral health
827     efforts and groups, including:
828          (i) the Behavioral Health Crisis Response Commission created in Section 63C-18-202;
829     and
830          (ii) the Utah [Substance Use and Mental Health Advisory Council] Behavioral Health
831     Advisory Commission created in Section 63M-7-301.
832          (2) The council consists of the following members:
833          (a) a member of the House of Representatives whom the speaker of the House of

834     Representatives appoints;
835          (b) a member of the Senate whom the president of the Senate appoints;
836          (c) an individual with expertise in behavioral health whom the governor appoints;
837          (d) the state superintendent of public instruction appointed under Section 53E-3-301 or
838     the state superintendent's designee;
839          (e) the chief executive officer of the Huntsman Mental Health Institute at the
840     University of Utah or the chief executive officer's designee;
841          (f) the director of the Division of Substance Abuse and Mental Health or the director's
842     designee;
843          (g) the commissioner of higher education appointed under Section 53B-1-408 or the
844     commissioner's designee; and
845          (h) the following individuals whom the president of the Senate and the speaker of the
846     House of Representatives jointly appoint:
847          (i) a community-oriented behavioral health leader from the private sector;
848          (ii) the president or chief executive officer of an association that represents hospitals
849     within the state;
850          (iii) a community health executive from an academic medical system;
851          (iv) a community health executive from an integrated healthcare system;
852          (v) the president or chief executive officer of a nonprofit organization that provides
853     comprehensive mental health care to children and families across the socioeconomic spectrum;
854     and
855          (vi) a mental health research expert.
856          (3) (a) The members described in Subsections (2)(a) and (2)(h)(i) shall serve as
857     co-chairs of the council.
858          (b) A council member whom the speaker of the House of Representatives and the
859     president of the Senate jointly appoint under Subsection (2)(h), and the council member whom
860     the governor appoints under Subsection (2)(c), shall serve a term of two years.
861          (c) The speaker of the House of Representatives, the president of the Senate, and the
862     governor shall:
863          (i) make the initial appointments described in Subsection (2) before July 1, 2021; and
864          (ii) make appointments for subsequent terms for the council positions described in

865     Subsection (2)(b) before July 1 of each odd-numbered year, by:
866          (A) reappointing the council member whose term expires under Subsection (3)(b); or
867          (B) appointing a new council member.
868          (d) The speaker of the House of Representatives and the president of the Senate may
869     change the appointment described in Subsections (2)(a) and (b) at any time.
870          (4) (a) The salary and expenses of a council member who is a legislator shall be paid in
871     accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
872     Compensation.
873          (b) A council member who is not a legislator:
874          (i) may not receive compensation or benefits for the member's service on the council;
875     and
876          (ii) may receive per diem and reimbursement for travel expenses that the council
877     member incurs as a council member at the rates that the Division of Finance establishes under:
878          (A) Sections 63A-3-106 and 63A-3-107; and
879          (B) rules that the Division of Finance makes under Sections 63A-3-106 and
880     63A-3-107.
881          (5) (a) A majority of the council members constitutes a quorum.
882          (b) The action of a majority of a quorum constitutes an action of the council.
883          (6) The Office of Legislative Research and General Counsel shall provide staff support
884     to the council.
885          Section 16. Section 63C-23-202 is amended to read:
886          63C-23-202. Council duties -- Reporting requirements.
887          (1) The council shall:
888          (a) meet at least [twice per quarter] four times per year and may hold additional
889     meetings if approved by the co-chairs; and
890          (b) make findings and recommendations to:
891          (i) generate a common framework for preventing and addressing mild, moderate, and
892     serious behavioral health concerns that youth within the state face;
893          (ii) clarify roles among LEAs, local mental health authorities, local substance abuse
894     authorities, and other behavioral health partners regarding the practical and legal obligations of
895     screening, assessment, and the provision of care; and

896          (iii) facilitate joint development of state and local plans among LEAs, local mental
897     health authorities, local substance abuse authorities, and other behavioral health partners that:
898          (A) describe how the entities will collaborate to meet the behavioral health needs of
899     youth within the state; and
900          (B) provide clarity and consistency in the standardization, collection, analysis, and
901     application of behavioral health-related data to drive improvement.
902          (2) At least once per quarter, the council co-chairs shall report to the speaker of the
903     House of Representatives and the president of the Senate regarding the findings and
904     recommendations described in Subsection (1)(b).
905          (3) At or before the November interim meeting, the council shall report the council's
906     findings and recommendations described in Subsection (1)(b) to the Education Interim
907     Committee and the Health and Human Services Interim Committee.
908          Section 17. Section 63I-1-232 is amended to read:
909          63I-1-232. Repeal dates: Titles 32A through 32B.
910          In relation to the Utah [Substance Use and Mental Health Advisory Council]
911     Behavioral Health Advisory Commission, on January 1, 2033:
912          (1) Subsection 32B-2-306(1)(a) is repealed;
913          (2) Subsection 32B-2-306(4), the language that states ["advisory council"]
914     "commission" is repealed and replaced with "department";
915          (3) Subsections 32B-2-306(4)(b) and (e) are repealed;
916          (4) Subsection 32B-2-306(5)(a), the language that states "in cooperation with the
917     [advisory council] commission" is repealed;
918          (5) Subsection 32B-2-306(5)(b) is amended to read:
919          "(b) The department shall:
920          (i) prepare a plan detailing the intended use of the money appropriated under this
921     section; and
922          (ii) conduct the media and education campaign in accordance with the guidelines
923     created by the department under Subsection (4)(c).";
924          (6) Subsection [32B-2-402(1)(b)] 32B-2-402(1)(d) is repealed;
925          (7) Sections 32B-2-404 and 32B-2-405, the language that states ["advisory council"]
926     "commission" is repealed and replaced with "department";

927          (8) Subsection 32B-2-405(2), the language that states "by a majority vote" is repealed;
928     and
929          (9) Subsection 32B-2-405(4)(a)(i), the language that states "majority vote of" is
930     repealed.
931          Section 18. Section 63I-1-262 is amended to read:
932          63I-1-262. Repeal dates: Title 62A.
933          (1) Section 62A-3-209 is repealed July 1, 2023.
934          (2) Sections 62A-5a-101, 62A-5a-102, 62A-5a-103, and 62A-5a-104, which create the
935     Coordinating Council for Persons with Disabilities, are repealed July 1, 2027.
936          (3) Subsections 62A-15-116(1) and (5), the language that states "In consultation with
937     the Behavioral Health Crisis Response Commission, established in Section 63C-18-202," is
938     repealed January 1, 2023.
939          (4) Section 62A-15-118 is repealed December 31, 2023.
940          (5) Section 62A-15-124 is repealed December 31, 2024.
941          (6) Section 62A-15-605, which creates the Forensic Mental Health Coordinating
942     Council, is repealed July 1, 2023.
943          (7) Subsections [62A-15-1100(1)] 62A-15-1100(3) and 62A-15-1101(9), in relation to
944     the Utah [Substance Use and Mental Health Advisory Council] Behavioral Health Advisory
945     Commission, are repealed January 1, 2033.
946          (8) In relation to the Behavioral Health Crisis Response Commission, on July 1, 2023:
947          (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
948          (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
949     the commission" is repealed;
950          (c) Subsection 62A-15-1303(1), the language that states "In consultation with the
951     commission," is repealed;
952          (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
953     from the commission," is repealed; and
954          (e) Subsection 62A-15-1702(6) is repealed.
955          Section 19. Section 63I-1-263 is amended to read:
956          63I-1-263. Repeal dates: Titles 63A to 63N.
957          (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital

958     improvement funding, is repealed July 1, 2024.
959          (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
960     2023.
961          (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
962     Committee, are repealed July 1, 2023.
963          (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
964          (a) Section 63A-18-102 is repealed;
965          (b) Section 63A-18-201 is repealed; and
966          (c) Section 63A-18-202 is repealed.
967          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
968     1, 2028.
969          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
970     2025.
971          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
972     2024.
973          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
974     repealed July 1, 2023.
975          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
976     July 1, 2023.
977          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
978     repealed July 1, 2026.
979          (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
980          (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
981          (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
982     Advisory Board, is repealed July 1, 2026.
983          (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
984     2028.
985          (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
986     2024.
987          (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
988          (17) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted

989     Account, is repealed July 1, 2026.
990          (18) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah Marriage
991     Commission, is repealed July 1, 2023.
992          (19) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is repealed
993     July 1, 2022.
994          (20) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety Commission, is
995     repealed January 1, 2025.
996          (21) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
997     repealed July 1, 2027.
998          (22) In relation to the Utah [Substance Use and Mental Health Advisory Council]
999     Behavioral Health Advisory Commission, on January 1, 2033:
1000          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1001     repealed;
1002          [(b) Section 63M-7-305, the language that states "council" is replaced with
1003     "commission";]
1004          [(c)] (b) Subsection 63M-7-305(1)(a) is repealed and replaced with:
1005          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1006          [(d)] (c) Subsection 63M-7-305(2) is repealed and replaced with:
1007          "(2) The commission shall:
1008          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1009     Drug-Related Offenses Reform Act; and
1010          (b) coordinate the implementation of Section 77-18-104 and related provisions in
1011     Subsections 77-18-103(2)(c) and (d).".
1012          (23) The Crime Victim Reparations and Assistance Board, created in Section
1013     63M-7-504, is repealed July 1, 2027.
1014          (24) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
1015          (25) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed
1016     January 1, 2025.
1017          (26) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
1018          (27) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
1019     1, 2028.

1020          (28) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is repealed
1021     July 1, 2027.
1022          (29) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
1023     repealed July 1, 2025.
1024          (30) In relation to the Rural Employment Expansion Program, on July 1, 2023:
1025          (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
1026     and
1027          (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
1028     Program, is repealed.
1029          (31) In relation to the Board of Tourism Development, on July 1, 2025:
1030          (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
1031          (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
1032     repealed and replaced with "Utah Office of Tourism";
1033          (c) Subsection 63N-7-101(1), which defines "board," is repealed;
1034          (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
1035     approval from the Board of Tourism Development, is repealed; and
1036          (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
1037          (32) Subsection 63N-8-103(3)(c), which allows the Governor's Office of Economic
1038     Opportunity to issue an amount of tax credit certificates only for rural productions, is repealed
1039     on July 1, 2024.
1040          Section 20. Section 63M-7-202 is amended to read:
1041          63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
1042     United States Attorney as nonvoting member.
1043          (1) The [commission on criminal and juvenile justice] Commission on Criminal and
1044     Juvenile Justice shall be composed of 25 voting members as follows:
1045          (a) the chief justice of the supreme court, as the presiding officer of the judicial
1046     council, or a judge designated by the chief justice;
1047          (b) the state court administrator or the state court administrator's designee;
1048          (c) the executive director of the Department of Corrections or the executive director's
1049     designee;
1050          (d) the executive director of the Department of Health and Human Services or the

1051     executive director's designee;
1052          (e) the commissioner of the Department of Public Safety or the commissioner's
1053     designee;
1054          (f) the attorney general or an attorney designated by the attorney general;
1055          (g) the president of the chiefs of police association or a chief of police designated by
1056     the association's president;
1057          (h) the president of the sheriffs' association or a sheriff designated by the association's
1058     president;
1059          (i) the chair of the Board of Pardons and Parole or a member of the Board of Pardons
1060     and Parole designated by the chair;
1061          (j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
1062     Commission designated by the chair;
1063          (k) the chair of the Utah [Substance Use and Mental Health Advisory Council]
1064     Behavioral Health Advisory Commission or a member of the Utah [Substance Use and Mental
1065     Health Advisory Council] Behavioral Health Advisory Commission designated by the chair;
1066          (l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
1067     Juvenile Justice designated by the chair;
1068          (m) the chair of the Utah Council on Victims of Crime or a member of the Utah
1069     Council on Victims of Crime designated by the chair;
1070          (n) the executive director of the Salt Lake Legal Defender Association or an attorney
1071     designated by the executive director;
1072          (o) the chair of the Utah Indigent Defense Commission or a member of the Indigent
1073     Defense Commission designated by the chair;
1074          (p) the Salt Lake County District Attorney or an attorney designated by the district
1075     attorney; and
1076          (q) the following members designated to serve four-year terms:
1077          (i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
1078     Judicial Council;
1079          (ii) a representative of the statewide association of public attorneys designated by the
1080     association's officers;
1081          (iii) one member of the House of Representatives who is appointed by the speaker of

1082     the House of Representatives; and
1083          (iv) one member of the Senate who is appointed by the president of the Senate.
1084          (2) The governor shall appoint the remaining five members to four-year staggered
1085     terms as follows:
1086          (a) one criminal defense attorney appointed from a list of three nominees submitted by
1087     the Utah State Bar Association;
1088          (b) one attorney who primarily represents juveniles in delinquency matters appointed
1089     from a list of three nominees submitted by the Utah State Bar Association;
1090          (c) one representative of public education;
1091          (d) one citizen representative; and
1092          (e) a representative from a local faith who has experience with the criminal justice
1093     system.
1094          (3) In addition to the members designated under Subsections (1) and (2), the United
1095     States Attorney for the district of Utah or an attorney designated by the United States Attorney
1096     may serve as a nonvoting member.
1097          (4) In appointing the members under Subsection (2), the governor shall take into
1098     account the geographical makeup of the commission.
1099          Section 21. Section 63M-7-301 is amended to read:
1100     
Part 3. Utah Behavioral Health Advisory Commission

1101          63M-7-301. Definitions -- Creation of commission -- Membership -- Terms.
1102          (1) (a) As used in this part, ["council"] "commission" means the Utah [Substance Use
1103     and Mental Health Advisory Council] Behavioral Health Advisory Commission created in this
1104     section.
1105          (b) There is created within the governor's office the Utah [Substance Use and Mental
1106     Health Advisory Council] Behavioral Health Advisory Commission.
1107          (2) The [council] commission shall be comprised of the following voting members:
1108          (a) the attorney general or the attorney general's designee;
1109          (b) one elected county official appointed by the Utah Association of Counties;
1110          (c) the commissioner of public safety or the commissioner's designee;
1111          (d) the director of the Division of Integrated Healthcare or the director's designee;
1112          (e) the state superintendent of public instruction or the superintendent's designee;

1113          (f) the executive director of the Department of Health and Human Services or the
1114     executive director's designee;
1115          (g) the executive director of the Commission on Criminal and Juvenile Justice or the
1116     executive director's designee;
1117          (h) the executive director of the Department of Corrections or the executive director's
1118     designee;
1119          (i) the director of the Division of Juvenile Justice Services or the director's designee;
1120          (j) the director of the Division of Child and Family Services or the director's designee;
1121          (k) the chair of the Board of Pardons and Parole or the chair's designee;
1122          (l) the director of the Office of Multicultural Affairs or the director's designee;
1123          (m) the director of the Division of Indian Affairs or the director's designee;
1124          (n) the state court administrator or the state court administrator's designee;
1125          (o) one district court judge who presides over a drug court and who is appointed by the
1126     chief justice of the Utah Supreme Court;
1127          (p) one district court judge who presides over a mental health court and who is
1128     appointed by the chief justice of the Utah Supreme Court;
1129          (q) one juvenile court judge who presides over a drug court and who is appointed by
1130     the chief justice of the Utah Supreme Court;
1131          (r) one prosecutor appointed by the Statewide Association of Prosecutors;
1132          (s) the chair or co-chair of each committee established by the [council] commission;
1133          (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
1134     Subsection 62A-15-1101(2);
1135          (u) one representative appointed by the Utah League of Cities and Towns to serve a
1136     four-year term;
1137          (v) the following members appointed by the governor to serve four-year terms:
1138          (i) one resident of the state who has been personally affected by a substance use or
1139     mental health disorder; and
1140          (ii) one citizen representative; and
1141          (w) in addition to the voting members described in Subsections (2)(a) through (v), the
1142     following voting members appointed by a majority of the members described in Subsections
1143     (2)(a) through (v) to serve four-year terms:

1144          (i) one resident of the state who represents a statewide advocacy organization for
1145     recovery from substance use disorders;
1146          (ii) one resident of the state who represents a statewide advocacy organization for
1147     recovery from mental illness;
1148          (iii) one resident of the state who represents a statewide advocacy organization for
1149     protection of rights of individuals with a disability;
1150          (iv) one resident of the state who represents prevention professionals;
1151          (v) one resident of the state who represents treatment professionals;
1152          (vi) one resident of the state who represents the physical health care field;
1153          (vii) one resident of the state who is a criminal defense attorney;
1154          (viii) one resident of the state who is a military servicemember or military veteran
1155     under Section 53B-8-102;
1156          (ix) one resident of the state who represents local law enforcement agencies;
1157          (x) one representative of private service providers that serve youth with substance use
1158     disorders or mental health disorders; and
1159          (xi) one resident of the state who is certified by the Division of Integrated Healthcare
1160     as a peer support specialist as described in Subsection 62A-15-103(2)(h).
1161          (3) An individual other than an individual described in Subsection (2) may not be
1162     appointed as a voting member of the [council] commission.
1163          Section 22. Section 63M-7-302 is amended to read:
1164          63M-7-302. Chair -- Vacancies -- Quorum -- Expenses.
1165          (1) The [Utah Substance Use and Mental Health Advisory Council] commission shall
1166     annually select one of its members to serve as chair and one of its members to serve as vice
1167     chair.
1168          (2) When a vacancy occurs in the membership for any reason, the replacement shall be
1169     appointed for the unexpired term in the same manner as the position was originally filled.
1170          (3) A majority of the members of the [council] commission constitutes a quorum.
1171          (4) A member of the commission may not receive compensation or benefits for the
1172     member's service, but may receive per diem and travel expenses as allowed in:
1173          (a) Section 63A-3-106;
1174          (b) Section 63A-3-107; and

1175          (c) rules made by the Division of Finance according to Sections 63A-3-106 and
1176     63A-3-107.
1177          (5) The [council] commission may establish committees as needed to assist in
1178     accomplishing its duties under Section 63M-7-303.
1179          Section 23. Section 63M-7-303 is amended to read:
1180          63M-7-303. Duties of commission.
1181          (1) The [Utah Substance Use and Mental Health Advisory Council] commission shall:
1182          (a) provide leadership and generate unity for Utah's ongoing efforts to reduce and
1183     eliminate the impact of substance use and mental health disorders in Utah through a
1184     comprehensive and evidence-based prevention, treatment, and justice strategy;
1185          (b) recommend and coordinate the creation, dissemination, and implementation of
1186     statewide policies to address substance use and mental health disorders;
1187          (c) facilitate planning for a balanced continuum of substance use and mental health
1188     disorder prevention, treatment, and justice services;
1189          (d) promote collaboration and mutually beneficial public and private partnerships;
1190          (e) coordinate recommendations made by any committee created under Section
1191     63M-7-302;
1192          (f) analyze and provide an objective assessment of all proposed legislation concerning
1193     substance use, mental health, and related issues;
1194          (g) coordinate the implementation of Section 77-18-104 and related provisions in
1195     Subsections 77-18-103(2)(c) and (d), as provided in Section 63M-7-305;
1196          (h) comply with Sections 32B-2-306 [and 62A-15-403; and], 62A-15-403, and
1197     63M-7-307;
1198          (i) oversee coordination for the funding, implementation, and evaluation of suicide
1199     prevention efforts described in Section 62A-15-1101[.]; and
1200          (j) promote the behavioral health resources and services that are available to
1201     individuals in the state.
1202          (2) The [council] commission shall meet quarterly or more frequently as determined
1203     necessary by the chair.
1204          (3) The [council] commission shall report the [council's] commission's
1205     recommendations annually to the [commission] Commission on Criminal and Juvenile Justice,

1206     governor, the Legislature, and the Judicial Council.
1207          Section 24. Section 63M-7-304 is amended to read:
1208          63M-7-304. Committee chair -- Vacancies -- Quorum -- Expenses.
1209          (1) The members of each committee established by the [council] commission shall
1210     annually select a chair or co-chairs from among the members of the committee.
1211          (2) When a vacancy occurs in the membership for any reason, the replacement shall be
1212     appointed for the unexpired term in the same manner as the position was originally filled.
1213          (3) A majority of the members of a committee constitutes a quorum for the transaction
1214     of business by the committee.
1215          (4) A member of a committee established by the commission may not receive
1216     compensation or benefits for the member's service, but may receive per diem and travel
1217     expenses in accordance with:
1218          (a) Section 63A-3-106;
1219          (b) Section 63A-3-107; and
1220          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1221     63A-3-107.
1222          Section 25. Section 63M-7-305 is amended to read:
1223          63M-7-305. Drug-Related Offenses Reform Act -- Coordination.
1224          (1) As used in this section:
1225          (a) ["Council"] "Commission" means the Utah [Substance Use and Mental Health
1226     Advisory Council] Behavioral Health Advisory Commission.
1227          (b) "Drug-Related Offenses Reform Act" [and "act" mean] means the screening,
1228     assessment, substance use disorder treatment, and supervision provided to convicted persons
1229     under Subsection 77-18-104(2) to:
1230          (i) determine a person's specific substance use disorder treatment needs as early as
1231     possible in the judicial process;
1232          (ii) expand treatment resources for persons in the community;
1233          (iii) integrate a person's treatment with supervision by the Department of Corrections;
1234     and
1235          (iv) reduce the incidence of substance use disorders and related criminal conduct.
1236          (c) "Substance abuse authority" means the same as that term is defined in Section

1237     17-43-201.
1238          (2) The [council] commission shall provide ongoing oversight of the implementation,
1239     functions, and evaluation of the Drug-Related Offenses Reform Act.
1240          (3) (a) The [council] commission shall develop an implementation plan for the
1241     Drug-Related Offenses Reform Act.
1242          (b) The plan described in Subsection (3)(a) shall:
1243          [(a)] (i) identify local substance abuse authority areas where the [act] Drug-Related
1244     Offenses Reform Act will be implemented, in cooperation with the Division of Substance
1245     Abuse and Mental Health, the Department of Corrections, and the local substance abuse
1246     authorities;
1247          [(b)] (ii) include guidelines for local substance abuse authorities and the [Utah]
1248     Department of Corrections on how funds appropriated under the [act] Drug-Related Offenses
1249     Reform Act should be used, including eligibility requirements for convicted persons who
1250     participate in services funded by the [act] Drug-Related Offenses Reform Act, that are
1251     consistent with the recommendations of the Commission on Criminal and Juvenile Justice for
1252     reducing recidivism; and
1253          [(c)] (iii) require that treatment plans under the act are appropriate for persons involved
1254     in the criminal justice system.
1255          Section 26. Section 63M-7-306 is amended to read:
1256          63M-7-306. Staffing.
1257          The Commission on Criminal and Juvenile Justice shall provide staff to the [council]
1258     commission and any committee established by the [council] commission.
1259          Section 27. Section 63M-7-307 is enacted to read:
1260          63M-7-307. Access to mental health and substance use services.
1261          (1) As used in this section, "website" means the website or other equivalent electronic
1262     platform described in Subsection (4).
1263          (2) The commission shall study public needs regarding access to mental health and
1264     substance use resources and services, including:
1265          (a) the challenges that an individual may encounter when trying to determine:
1266          (i) what mental health and substance use resources or services are needed in a
1267     particular situation; and

1268          (ii) how individuals with public insurance, private insurance, and no insurance
1269     coverage can access needed mental health and substance use resources and services;
1270          (b) cultural, linguistic, equity, and accessibility needs and challenges related to
1271     accessing mental health and substance use resources and services;
1272          (c) the different needs and challenges facing insured, underinsured, and uninsured
1273     individuals related to mental health and substance use resources and services; and
1274          (d) how to develop and build public engagement with the website.
1275          (3) The commission shall use the data and information gained from studies conducted
1276     pursuant to Subsection (2) to establish, maintain, and improve the website.
1277          (4) The commission shall establish and maintain a publicly accessible website or other
1278     electronic platform designed to simplify and increase the public's access to mental health and
1279     substance use resources and services.
1280          (5) The website shall:
1281          (a) provide a means by which an individual may be directed to mental health and
1282     substance use resources or services appropriate to the individual's particular situation and
1283     location;
1284          (b) include mental health and substance use resources and services for individuals in
1285     need of all levels of care, including promotion, prevention, assessment, diagnosis, treatment,
1286     and crisis;
1287          (c) include information about whether each resource or service listed on the site
1288     requires payment, accepts insurance, or is free;
1289          (d) include information and resources for family members of an individual who is
1290     experiencing a mental health or substance use crisis or would benefit from prevention,
1291     assessment, diagnosis, or non-crisis treatment services;
1292          (e) include information about mental health and substance use response trainings that
1293     are available to the public;
1294          (f) coordinate with and incorporate existing mental health and substance use resources
1295     and services, including the SafeUT Crisis Line, the 211 network, and the statewide 988 Suicide
1296     and Crisis Lifeline; and
1297          (g) based on statewide needs, include information about mental health and substance
1298     use resources and services that are responsive to different cultural and linguistic needs.

1299          (6) To fulfill the duties described in this section, the commission shall coordinate and
1300     collaborate with public and private mental health and substance use stakeholders, including:
1301          (a) the Department of Health and Human Services;
1302          (b) the State Board of Education;
1303          (c) the Utah System of Higher Education;
1304          (d) the Huntsman Mental Health Institute;
1305          (e) the Education and Mental Health Coordinating Council;
1306          (f) the Behavioral Health Crisis Response Commission;
1307          (g) the Statewide Suicide Prevention Coalition;
1308          (h) local mental health authorities;
1309          (i) local substance abuse authorities;
1310          (j) public and private insurers;
1311          (k) public and private mental healthcare providers and facilities; and
1312          (l) mental health professionals with expertise in early childhood, childhood,
1313     adolescence, adulthood, and older adulthood.
1314          (7) The commission shall establish and track goals and metrics to identify:
1315          (a) the commission's progress on fulfilling the duties described in this section; and
1316          (b) the impact of the website on the public's access to mental health and substance use
1317     resources and services.
1318          (8) The commission may contract with public or private individuals to provide goods
1319     or services related to the duties described in this section.
1320          (9) Before August 1 of each year, the commission shall provide a report to the Health
1321     and Human Services Interim Committee that includes:
1322          (a) an update on the status of the website;
1323          (b) an update on the status of studies conducted pursuant to Subsection (2);
1324          (c) an update on the commission's goals and metrics established pursuant to Subsection
1325     (7); and
1326          (d) any recommended legislative changes related to the duties described in this section.
1327          Section 28. Section 64-13-45 is amended to read:
1328          64-13-45. Department reporting requirements.
1329          (1) As used in this section:

1330          (a) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
1331     custody of the department.
1332          (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
1333          (A) being transported for medical care; or
1334          (B) receiving medical care outside of a correctional facility, other than a county jail.
1335          (b) "Inmate" means an individual who is processed or booked into custody or housed in
1336     the department or a correctional facility other than a county jail.
1337          (c) "Opiate" means the same as that term is defined in Section 58-37-2.
1338          (2) The department shall submit a report to the Commission on Criminal and Juvenile
1339     Justice, created in Section 63M-7-201, before June 15 of each year that includes:
1340          (a) the number of in-custody deaths that occurred during the preceding calendar year,
1341     including:
1342          (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
1343     each of the in-custody deaths described in Subsection (2)(a); and
1344          (ii) the department's policy for notifying an inmate's next of kin after the inmate's
1345     in-custody death;
1346          (b) the department policies, procedures, and protocols:
1347          (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
1348     including use of opiates;
1349          (ii) that relate to the department's provision, or lack of provision, of medications used
1350     to treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
1351     forms of buprenorphine and naltrexone; and
1352          (iii) that relate to screening, assessment, and treatment of an inmate for a substance use
1353     disorder or mental health disorder;
1354          (c) the number of inmates who gave birth and were restrained in accordance with
1355     Section 64-13-46, including:
1356          (i) the types of restraints used; and
1357          (ii) whether the use of restraints was to prevent escape or to ensure the safety of the
1358     inmate, medical or corrections staff, or the public; and
1359          (d) any report the department provides or is required to provide under federal law or
1360     regulation relating to inmate deaths.

1361          (3) The Commission on Criminal and Juvenile Justice shall:
1362          (a) compile the information from the reports described in Subsection (2);
1363          (b) omit or redact any identifying information of an inmate in the compilation to the
1364     extent omission or redaction is necessary to comply with state and federal law; and
1365          (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
1366     Committee and the Utah [Substance Use and Mental Health Advisory Council] Behavioral
1367     Health Advisory Commission before November 1 of each year.
1368          (4) The Commission on Criminal and Juvenile Justice may not provide access to or use
1369     the department's policies, procedures, or protocols submitted under this section in a manner or
1370     for a purpose not described in this section.
1371          Section 29. Section 77-18-104 is amended to read:
1372          77-18-104. Screening, assessment, and treatment.
1373          (1) As used in this section:
1374          (a) "Assessment" has the same meaning as in Section 41-6a-501.
1375          (b) "Screening" has the same meaning as in Section 41-6a-501.
1376          (2) In coordination with the local substance abuse authority regarding available
1377     resources, a court in which the Drug-Related Offenses Reform Act under Section 63M-7-305 is
1378     implemented shall order a convicted defendant, who is determined to be eligible in accordance
1379     with the implementation plan developed by the Utah [Substance Use and Mental Health
1380     Advisory Council] Behavioral Health Advisory Commission under Section 63M-7-305, to:
1381          (a) participate in a screening before sentencing;
1382          (b) participate in an assessment before sentencing if the screening indicates an
1383     assessment to be appropriate; and
1384          (c) participate in substance use disorder treatment if:
1385          (i) the assessment indicates treatment to be appropriate;
1386          (ii) the court finds treatment to be appropriate for the convicted defendant; and
1387          (iii) the court finds the convicted defendant to be an appropriate candidate for
1388     community-based supervision.
1389          (3) The findings from any screening and any assessment conducted under this section
1390     shall be part of the presentence investigation report submitted to the court under Section
1391     77-18-103.

1392          (4) Money appropriated by the Legislature to assist in the funding of the screening,
1393     assessment, substance use disorder treatment, and supervision provided under this section is
1394     not subject to any requirement regarding matching funds from a state or local governmental
1395     entity.