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8 LONG TITLE
9 General Description:
10 This bill concerns mental health services for first responders.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates and modifies definitions;
14 ▸ requires the Department of Public Safety (department) to take certain actions
15 regarding critical incident stress management services for employees or volunteers
16 of a first responder agency, including providing an annual training for volunteers;
17 ▸ broadens the scope of individuals who are considered to be eligible for certain
18 mental health resources;
19 ▸ clarifies that certain individuals remain eligible for mental health resources despite
20 subsequent employment as a non-first responder;
21 ▸ requires first responder agencies to:
22 • provide certain information concerning mental health resources to employed
23 first responders; and
24 • designate a mental health resources liaison and inform the department of the
25 identity of the liaison;
26 ▸ allows the department to:
27 • assist a first responder agency in drafting a grant application seeking mental
28 health resources; and
29 • provide certain mental health resources to certain first responder agencies;
30 ▸ requires the department to:
31 • inform first responder agencies of certain mental health resources information;
32 • post on the department's website certain information concerning mental health
33 resources for first responders;
34 • receive complaints and investigate a denial of mental health resources to an
35 individual by a first responder agency; and
36 • report an uncured denial of denial of mental health resources to an eligible
37 individual to specified individuals;
38 ▸ requires the State Commission on Criminal and Juvenile Justice (commission) to
39 receive and evaluate a referral from the department involving a denial of mental
40 health resources to an eligible individual;
41 ▸ allows the commission to, in the commission's discretion, refuse to award a grant of
42 state funds to an entity for a specified period of time due to the entity's improper
43 denial of mental health resources to an eligible individual; and
44 ▸ makes technical and conforming changes.
45 Money Appropriated in this Bill:
46 None
47 Other Special Clauses:
48 This bill provides a special effective date.
49 Utah Code Sections Affected:
50 AMENDS:
51 53-2d-206 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 19,
52 327 and renumbered and amended by Laws of Utah 2023, Chapter 310 and last
53 amended by Coordination Clause, Laws of Utah 2023, Chapters 307, 327
54 53-21-101 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16,
55 19, 310, and 328
56 53-21-102, as last amended by Laws of Utah 2023, Chapter 19
57 53-21-103, as last amended by Laws of Utah 2023, Chapter 19
58 63M-7-204, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
59 63M-7-218, as last amended by Laws of Utah 2023, Chapters 158, 161 and 382
60 ENACTS:
61 53-21-104.1, Utah Code Annotated 1953
62 53-21-104.3, Utah Code Annotated 1953
63
64 Be it enacted by the Legislature of the state of Utah:
65 Section 1. Section 53-2d-206 (Effective 07/01/24) is amended to read:
66 53-2d-206 (Effective 07/01/24). Personnel critical incident stress management
67 program.
68 (1) The bureau shall [
69 support and counseling for personnel who have been exposed to one or more stressful incidents
70 in the course of providing emergency services.
71 (2) [
72 (a) ongoing training for agencies providing emergency services and counseling
73 program volunteers;
74 (b) critical incident stress debriefing for personnel at no cost to the emergency
75 provider; and
76 (c) advising the department on training requirements for licensure as a behavioral
77 emergency services technician.
78 (3) (a) The department shall annually provide informational resources to first responder
79 agencies about the critical incident stress management program in a format that will ensure that
80 the first responder agency receives the information.
81 (b) The informational resources described in Subsection (3)(a) shall include
82 educational resources about the critical incident stress management program directed to:
83 (i) the first responder agency administration; and
84 (ii) the employees or volunteers of the first responder agency.
85 [
86 expenses, including mileage, incurred by a volunteer during the course of [
87 provision of critical incident stress management services under this section.
88 (b) The department shall, on the department's website, provide information concerning:
89 (i) the expenses that are eligible for reimbursement for a critical incident stress
90 management program volunteer under Subsection (4)(a); and
91 (ii) instructions on how a critical incident stress management volunteer may submit a
92 request for reimbursement under Subsection (4)(a).
93 (5) (a) The department shall, in collaboration with current critical incident stress
94 management program volunteers, organize and provide an annual training for critical incident
95 stress management program volunteers.
96 (b) For the training described in Subsection (5)(a), the department shall:
97 (i) pay for or reimburse reasonable actual expenses for a critical incident stress
98 management program volunteer who attends the training;
99 (ii) collaborate with existing critical incident stress management program volunteers to
100 determine a location for the training; and
101 (iii) provide information on the department's website about the training.
102 Section 2. Section 53-21-101 (Effective 07/01/24) is amended to read:
103 53-21-101 (Effective 07/01/24). Definitions.
104 As used in this chapter:
105 (1) "Crime scene investigator technician" means an individual employed by a law
106 enforcement agency to collect and analyze evidence from crime scenes and crime-related
107 incidents.
108 [
109 (2) "Designated mental health resources liaison" means a non-leadership human
110 resources or other administrative employee designated by a first responder agency who receives
111 and processes a request for mental health resources on behalf of the first responder agency
112 under this chapter.
113 (3) "First responder" means:
114 (a) a law enforcement officer, as defined in Section 53-13-103;
115 (b) an emergency medical technician, as defined in Section 53-2e-101;
116 (c) an advanced emergency medical technician, as defined in Section 53-2e-101;
117 (d) a paramedic, as defined in Section 53-2e-101;
118 (e) a firefighter, as defined in Section 34A-3-113;
119 (f) a dispatcher, as defined in Section 53-6-102;
120 (g) a correctional officer, as defined in Section 53-13-104;
121 (h) a special function officer, as defined in Section 53-13-105, employed by a local
122 sheriff;
123 (i) a search and rescue worker under the supervision of a local sheriff;
124 (j) a forensic interviewer or victim advocate employed by a children's justice center
125 established in accordance with Section 67-5b-102;
126 (k) a credentialed criminal justice system victim advocate as defined in Section
127 77-38-403 who responds to incidents with a law enforcement officer;
128 (l) a crime scene investigator technician;
129 (m) a wildland firefighter; [
130 (n) an investigator or prosecutor of cases involving sexual crimes against children[
131 (o) a civilian employee of a first responder agency who has been authorized to view or
132 otherwise access information concerning crimes, accidents, or other traumatic events.
133 (4) "First responder agency" means:
134 (a) a special district, municipality, interlocal entity, or other political subdivision that
135 employs a first responder to provide fire protection, paramedic, law enforcement, or emergency
136 services; or
137 (b) a certified private law enforcement agency as defined in Section 53-19-102.
138 (5) (a) "Mental health resources" means:
139 [
140 performed by a mental health therapist;
141 [
142 [
143 provide peer support services under Subsection 26B-5-102(2)(h).
144 (b) "Mental health resources" includes, at a minimum, the following services:
145 (i) regular periodic screenings for all employees within the first responder agency;
146 (ii) assessments and availability to mental health services for personnel directly
147 involved in a critical incident within 48 hours of the incident; and
148 (iii) regular and continuing access to the mental health program for:
149 (A) spouses and children of first responders;
150 (B) first responders who have retired or separated from the agency; and
151 (C) spouses of first responders who have retired or separated from the agency.
152 (6) "Mental health therapist" means the same as that term is defined in Section
153 58-60-102.
154 (7) "Plan" means a plan to implement or expand a program that provides mental health
155 resources to first responders for which the division awards a grant under this chapter.
156 (8) "Retired" means the status of an individual who has become eligible, applies for,
157 and may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit Act.
158 (9) "Separated" means the status of an individual who has separated from employment
159 as a first responder from a first responder agency as a result of a critical incident involving the
160 first responder.
161 (10) "Small first responder agency" means a first responder agency that:
162 (a) has 10 or fewer employees;
163 (b) is primarily staffed by volunteers; or
164 (c) is located in:
165 (i) a county of the third, fourth, fifth, or sixth class;
166 (ii) a city of the third, fourth, fifth, or sixth class; or
167 (iii) a town.
168 Section 3. Section 53-21-102 is amended to read:
169 53-21-102. Mental health services -- Requirement to provide -- Eligibility --
170 Confidentiality -- Requests -- Reporting noncompliance -- Designation.
171 (1) Every first responder agency within the state shall provide or make available mental
172 health resources to:
173 (a) all first responders;
174 (b) the spouse and children of first responders;
175 (c) surviving spouses of first responders whose death is classified as a line-of-duty
176 death under Title 49, Utah State Retirement and Insurance Benefit Act;
177 (d) retired or separated first responders for at least three years from the date that the
178 retired or separated first responder requests mental health resources, regardless of any
179 subsequent employment as a non-first responder; and
180 (e) spouses of retired or separated first responders for a least three years from the date
181 that the spouse of the retired or separated first responder requests mental health resources,
182 regardless of any subsequent employment as a non-first responder.
183 (2) All access by first responders and their families to mental health resources shall be
184 kept confidential.
185 (3) A first responder agency shall:
186 (a) annually provide information to all employed first responders regarding:
187 (i) the availability of mental health resources under this section, including:
188 (A) for individuals in addition to the first responders as described in Subsection (1);
189 and
190 (B) subsequent to a separation or retirement;
191 (ii) how to access the mental health resources under this section; and
192 (iii) directions on how to appeal a denial of mental health resources under this section
193 to the department, as provided under Section 53-21-104.3; and
194 (b) (i) assign a designated mental health resources liaison;
195 (ii) inform the department of the identity of the designated mental health resources
196 liaison; and
197 (iii) update the department as to the identity of the designated mental health resources
198 liaison when a new individual is assigned.
199 Section 4. Section 53-21-103 is amended to read:
200 53-21-103. Grants to first responder agencies -- Rulemaking.
201 (1) The department may award grants to first responder agencies to provide mental
202 health resources in response to a:
203 (a) request for proposal;
204 (b) request for qualifications; or
205 (c) program description that meets the criteria in Subsection (2).
206 (2) The request for proposal, request for qualifications, or program description received
207 by the department shall require mental health providers contracted or employed by the first
208 responder agency to have training and experience in working with first responders and
209 provide[
210 [
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216 [
217 (3) An application from a first responder agency for a grant under this chapter shall
218 provide the following details:
219 (a) a proposed plan to provide mental health resources to first responders in the first
220 responder agency;
221 (b) the number of first responders to be served by the proposed plan;
222 (c) how the proposed plan will ensure timely and effective provision of mental health
223 resources to first responders in the first responder agency;
224 (d) the cost of the proposed plan; and
225 (e) the sustainability of the proposed plan.
226 (4) In evaluating a project proposal for a grant under this section, the department shall
227 consider:
228 (a) the extent to which the first responders that will be served by the proposed plan are
229 likely to benefit from the proposed plan;
230 (b) the cost of the proposed plan; and
231 (c) the viability of the proposed plan.
232 (5) A first responder agency may not apply for a grant to fund a program already in
233 place. However, a request for proposal to fund an expansion of an already existing program
234 shall, in addition to the requirements of Subsection (4), provide:
235 (a) the scope and cost of the agency's current program;
236 (b) the number of additional first responders the expansion will serve; and
237 (c) whether the expansion will provide [
238 resources that the current program does not provide.
239 (6) The department shall prioritize grant funding for[
240 and may also take into account whether the small first responder agency is or will participate in
241 the department-provided services described in Section 53-21-104.1.
242 [
243 [
244 [
245 (7) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah
246 Administrative Rulemaking Act, to administer this chapter.
247 (8) The department shall:
248 (a) notify entities that may be eligible for a grant under this section about the grant
249 program; and
250 (b) on or before October 1, [
251 Law Enforcement and Criminal Justice Interim Committee that describes:
252 (i) the number of entities that have been notified by the department about the grant
253 program under this section; and
254 (ii) the number of grant applications that the department has received.
255 (9) The department may assist a first responder agency in drafting a grant application
256 under this section.
257 (10) The department may use up to 25% of the remaining grant funds under this
258 section to provide the mental health resources described in Section 53-21-104.1.
259 Section 5. Section 53-21-104.1 is enacted to read:
260 53-21-104.1. Department may provide certain mental health resources --
261 Requirements.
262 (1) (a) In accordance with Subsection (4), the department may, at the department's
263 discretion, provide certain mental health resources to a small first responder agency.
264 (b) The mental health resources described in Subsection (1)(a) may include an
265 assessment and availability to mental health services for personnel directly involved in a
266 critical incident within 48 hours of the incident.
267 (2) The department may use a contracted provider to provide the services described in
268 Subsection (1).
269 (3) If a small first responder agency elects to receive mental health services as provided
270 under this section, the small first responder agency shall designate a representative of the small
271 first responder agency who is responsible for providing a timely notification to the department
272 or the department's designee if a critical incident occurs as described in Subsection (1)(b).
273 (4) As provided in Subsection 53-21-103(10), the department may use up to 25% of the
274 remaining grant funds for the mental health resources described in this section, and may
275 discontinue the mental health resources once the available grant funding is depleted.
276 Section 6. Section 53-21-104.3 is enacted to read:
277 53-21-104.3. Education -- Complaints -- Investigations.
278 (1) On or before September 1, 2024, the department shall inform all first responder
279 agencies in the state of the requirements described in Section 53-21-102.
280 (2) In addition to the notification required under Subsection (1), the department shall,
281 on the department's website, provide information describing:
282 (a) an individual's eligibility for mental health resources under Section 53-21-102;
283 (b) the statutory definition for mental health resources provided in Section 53-21-101;
284 (c) the designated mental health resources liaison for each first responder agency as
285 described in Subsection 53-21-102(3)(b); and
286 (d) how to appeal a denial of mental health resources to the department.
287 (3) (a) The department shall investigate a denial of mental health resources that is
288 received under Subsection (2)(d) to determine whether the denial was in violation of this
289 chapter.
290 (b) If, after an investigation, the department determines that a first responder agency
291 improperly denied mental health resources in violation of this chapter, the department shall
292 notify the first responder agency and provide 60 days for the first responder agency to correct
293 the improper denial.
294 (c) The department shall determine whether a first responder agency has cured the
295 violation within the time described in Subsection (3)(b) and, if the first responder agency has
296 not, the department shall send a letter within a reasonable time identifying the first responder
297 agency and the relevant details of the department's investigation to:
298 (i) the commissioner;
299 (ii) the chairs of the Law Enforcement and Criminal Justice Interim Committee; and
300 (iii) the director of the State Commission on Criminal and Juvenile Justice, who shall
301 refer the matter for investigation under Section 63M-7-204 and may restrict state grant money
302 under Section 63M-7-21.
303 Section 7. Section 63M-7-204 is amended to read:
304 63M-7-204. Duties of commission.
305 (1) The State Commission on Criminal and Juvenile Justice administration shall:
306 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
307 (b) promote the communication and coordination of all criminal and juvenile justice
308 agencies;
309 (c) study, evaluate, and report on the status of crime in the state and on the
310 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
311 reduction of crime in the state;
312 (d) study, evaluate, and report on programs initiated by state and local agencies to
313 address reducing recidivism, including changes in penalties and sentencing guidelines intended
314 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
315 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
316 alternative to incarceration, as resources allow;
317 (e) study, evaluate, and report on policies, procedures, and programs of other
318 jurisdictions which have effectively reduced crime;
319 (f) identify and promote the implementation of specific policies and programs the
320 commission determines will significantly reduce crime in Utah;
321 (g) provide analysis and recommendations on all criminal and juvenile justice
322 legislation, state budget, and facility requests, including program and fiscal impact on all
323 components of the criminal and juvenile justice system;
324 (h) provide analysis, accountability, recommendations, and supervision for state and
325 federal criminal justice grant money;
326 (i) provide public information on the criminal and juvenile justice system and give
327 technical assistance to agencies or local units of government on methods to promote public
328 awareness;
329 (j) promote research and program evaluation as an integral part of the criminal and
330 juvenile justice system;
331 (k) provide a comprehensive criminal justice plan annually;
332 (l) review agency forecasts regarding future demands on the criminal and juvenile
333 justice systems, including specific projections for secure bed space;
334 (m) promote the development of criminal and juvenile justice information systems that
335 are consistent with common standards for data storage and are capable of appropriately sharing
336 information with other criminal justice information systems by:
337 (i) developing and maintaining common data standards for use by all state criminal
338 justice agencies;
339 (ii) annually performing audits of criminal history record information maintained by
340 state criminal justice agencies to assess their accuracy, completeness, and adherence to
341 standards;
342 (iii) defining and developing state and local programs and projects associated with the
343 improvement of information management for law enforcement and the administration of
344 justice; and
345 (iv) establishing general policies concerning criminal and juvenile justice information
346 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
347 Subsection (1)(m);
348 (n) allocate and administer grants, from money made available, for approved education
349 programs to help prevent the sexual exploitation of children;
350 (o) allocate and administer grants for law enforcement operations and programs related
351 to reducing illegal drug activity and related criminal activity;
352 (p) request, receive, and evaluate data and recommendations collected and reported by
353 agencies and contractors related to policies recommended by the commission regarding
354 recidivism reduction, including the data described in Section 13-53-111 and Subsection
355 26B-5-102(2)(l);
356 (q) establish and administer a performance incentive grant program that allocates funds
357 appropriated by the Legislature to programs and practices implemented by counties that reduce
358 recidivism and reduce the number of offenders per capita who are incarcerated;
359 (r) oversee or designate an entity to oversee the implementation of juvenile justice
360 reforms;
361 (s) make rules and administer the juvenile holding room standards and juvenile jail
362 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
363 pursuant to 42 U.S.C. Sec. 5633;
364 (t) allocate and administer grants, from money made available, for pilot qualifying
365 education programs;
366 (u) oversee the trauma-informed justice program described in Section 63M-7-209;
367 (v) request, receive, and evaluate the aggregate data collected from prosecutorial
368 agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
369 and 78A-2-109.5;
370 (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
371 on the progress made on each of the following goals of the Justice Reinvestment Initiative:
372 (i) ensuring oversight and accountability;
373 (ii) supporting local corrections systems;
374 (iii) improving and expanding reentry and treatment services; and
375 (iv) strengthening probation and parole supervision;
376 (x) compile a report of findings based on the data and recommendations provided
377 under Section 13-53-111 and Subsection 26B-5-102(2)(n) that:
378 (i) separates the data provided under Section 13-53-111 by each residential, vocational
379 and life skills program; and
380 (ii) separates the data provided under Subsection 26B-5-102(2)(n) by each mental
381 health or substance use treatment program;
382 (y) publish the report described in Subsection (1)(x) on the commission's website and
383 annually provide the report to the Judiciary Interim Committee, the Health and Human Services
384 Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
385 related appropriations subcommittees; [
386 (z) receive, compile, and publish on the commission's website the data provided under:
387 (i) Section 53-23-101;
388 (ii) Section 53-24-102; and
389 (iii) Section 53-26-101; and
390 (aa) receive and evaluate a referral from the Department of Public Safety received
391 under Section 53-21-104.3 involving a denial of mental health resources to an eligible
392 individual, including, if appropriate in the commission's discretion, deny the relevant entity
393 from receiving any grant of state funds under Section 63M-7-218 for a specified period of time.
394 (2) If the commission designates an entity under Subsection (1)(r), the commission
395 shall ensure that the membership of the entity includes representation from the three branches
396 of government and, as determined by the commission, representation from relevant stakeholder
397 groups across all parts of the juvenile justice system, including county representation.
398 Section 8. Section 63M-7-218 is amended to read:
399 63M-7-218. State grant requirements.
400 (1) Beginning July 1, 2023, the commission may not award any grant of state funds to
401 any entity subject to, and not in compliance with, the reporting requirements in Subsections
402 63A-16-1002(5)(a) through (r).
403 (2) Beginning July 1, 2025, the commission may not award any grant of state funds to
404 an entity subject to the requirements under Sections 53-21-102 and 53-21-104.3, if the
405 commission has determined under Subsection 63M-7-204(1)(aa) that the entity is currently not
406 eligible to receive state grant funds under this section.
407 Section 9. Effective date.
408 This bill takes effect on July 1, 2024.