HB 1280
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 1280 (Delegate Pena-Melnyk)
Health and Government Operations Finance
Health - Maryland Behavioral Health and Public Safety Center of Excellence -
Establishment
This bill establishes the Maryland Behavioral Health and Public Safety Center of
Excellence within the Governor’s Office of Crime Prevention, Youth, and Victim Services
(GOCPYVS). The center’s activities must include strategic planning, technical assistance,
State and local government coordination, and facilitation of train-the-trainer courses for
the “Sequential Intercept Model” (SIM) for completion in 2021. The center must develop
(1) a statewide model for law enforcement-assisted diversion; (2) recommendations for
pretrial services; (3) procedures for sharing deflection and diversion statistics between
relevant State agencies; (4) recommendations for statewide implementation of law
enforcement-assisted diversion programs; and (5) a statewide model for community crisis
intervention services other than law enforcement. The center must host one State SIM
Summit each year, and produce and update a specified statewide strategic plan by
December 1, 2022, and annually thereafter. The bill takes effect July 1, 2021.
Fiscal Summary
State Effect: Federal fund revenues and expenditures increase to the extent the center
receives and disburses such funds. General fund expenditures increase by $82,400 in FY 2022
to hire staff for the center. Future years reflect minimum ongoing costs; costs are likely
significantly higher beginning in FY 2023 to complete the required racial impact analysis.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
FF Revenue - - - - -
GF Expenditure $82,400 $73,800 $76,000 $78,700 $81,500
FF Expenditure - - - - -
Net Effect ($82,400) ($73,800) ($76,000) ($78,700) ($81,500)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Local jurisdictions likely incur costs, which could be significant, to prepare
the required racial impact analysis as part of their two-year community health and public
safety plan. Local revenues and expenditures may increase from disbursements from the
center, as discussed below. This bill may impose a mandate on a unit of local
government.
Small Business Effect: Minimal.
Analysis
Bill Summary: “Sequential Intercept Model” means a systems-level framework for
criminal justice and behavioral health stakeholders to prevent entrance into the criminal
justice system, minimize penetration into the criminal justice system, and engage
individuals with behavioral health services and recovery supports as they transition into
the community from the criminal justice system.
Maryland Behavioral Health and Public Safety Center of Excellence
The purposes of the center are to:
act as the statewide information repository for behavioral health treatment and
diversion programs related to the criminal justice system;
lead the development of a strategic plan to increase treatment and reduce the
detention of individuals with behavioral health disorders involved in the criminal
justice system;
provide technical assistance to local governments for developing effective
behavioral health systems of care that prevent and minimize involvement with the
criminal justice system for individuals with behavioral health disorders;
facilitate local or regional planning workshops using SIM;
coordinate with the Maryland Department of Health (MDH) and the Behavioral
Health Administration to implement and track the progress of creating an effective
behavioral health system of care in the State relating to individuals involved in the
criminal justice system; and
identify and inform any relevant stakeholders of any federal funding available to the
center for carrying out the mission of the center, including through the provision of
grants, scholarships, and other funding to recipients engaged in training, the
provision of services, or the study of matters relating to behavioral health, public
safety, and criminal justice.
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The center must continuously monitor and analyze its models, plans, policies, strategies,
programs, technical assistance, and training for their validity and for opportunities to
reduce and eliminate disparities in the criminalization of racial minorities with behavioral
health disorders and increase access to culturally competent care.
Administration of the Maryland Behavioral Health and Public Safety Center of Excellence
GOCPYVS must appoint specified individuals to jointly oversee the center who may be
associated with the Crisis Intervention Team Center of Excellence within GOCPYVS. The
center may (1) designate points of contact throughout the State who specialize in behavioral
health treatment within the criminal justice system to brief the center on the progress of
statewide implementation of diversion programs; (2) coordinate with the Justice
Reinvestment Oversight Board and other State entities working to reduce State and local
detention facility populations and recidivism; and (3) enter into contracts with the
University of Maryland System, Maryland historically black colleges and universities
(HBCUs), or other entities or organization for the purposes of carrying out its mission. The
operation of the center is subject to the limitations of the State budget.
The center must (1) provide technical assistance to local governments for specified
purposes; (2) support county or regional SIM mapping workshops and summarize results
in reports that inform cross-agency planning and program development; and (3) implement
systems and policies that establish a regional approach to community health and public
safety, as specified.
Statewide Strategic Plan
By December 1, 2022, and annually thereafter, the center must produce and update a
multiyear strategic plan to implement the recommendations of the report of the annual State
SIM Summit. The strategic plan must include (1) a plan for formal, consistent, appropriate,
and coordinated behavioral health screening processes that are properly applied at jail
booking; (2) recommendations for the coordination of behavioral health and criminal
justice initiatives with related State health initiatives; (3) recommendations for investment
in preventive services systems, as specified; (4) an expansion of the use of technology and
data analysis across the behavioral health, public safety, and criminal justice systems in
accordance with the center’s purposes; (5) a plan for expanding the use of peer support
services across intercepts; and (6) a “racial impact analysis” (a systematic examination of
how racial minorities are or will be impacted by existing or proposed models, plans,
policies, strategies, programs, processes, or recommendations). In developing the strategic
plan, the center must make specified considerations relating to opportunities for
pre-crisis-to-recovery services, housing, and transportation.
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Local Community Health and Public Safety Plan
Each local jurisdiction must collaborate with the center, local health department (LHD),
local department of human services, behavioral health coordinators for the local school
system, the local health improvement council, community-based behavioral health
providers, a representative of the NAACP, a representative of public defenders, and other
key stakeholders to develop a two-year community health and public safety plan. A local
jurisdiction is encouraged to use an existing local planning and coordinating committee or
local management board (LMB) to satisfy the bill’s collaboration requirements.
The plan must include (1) an assessment of the capacity of the local behavioral system;
(2) recommendations for the enhancement of the local crisis response system;
(3) recommendations for the enhancement of the local behavioral health care system,
including culturally competent care; (4) an analysis of federal grant funds available to the
county or jurisdiction; and (5) a racial impact analysis.
Intent of the General Assembly
The bill expresses the intent of the General Assembly that the center apply to the federal
Substance Abuse and Mental Health Services Administration (SAMHSA) for grant
funding to hold subsequent annual State SIM Summits and identify opportunities to fund
(1) behavioral health crisis grants; (2) training for 9-1-1 operators; (3) peer support
services; (4) behavioral health screenings; (5) scholarships for students who attend a
Maryland HBCU to study behavioral health-, public safety-, or criminal justice-related
issues; and (6) behavioral health initiatives in rural communities.
Current Law:
Governor’s Office of Crime Prevention, Youth, and Victim Services
GOCPYVS serves as a coordinating office that advises the Governor on criminal justice
strategies. The office plans, promotes, and funds efforts with government entities,
private organizations, and the community to advance public policy, enhance public safety,
reduce crime and juvenile delinquency, and serve victims.
Emergency Number Systems Board
The Emergency Number Services Board (ENSB) within the Department of Public Safety
and Correctional Services (DPSCS) is the agency responsible for administering the
9-1-1 Trust Fund and overseeing the State’s 9-1-1 system. Its responsibilities include,
among other things, ensuring the inspection of Public Safety Answering Points (PSAPs)
and establishing training standards for PSAP personnel based on national best practices.
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State Fiscal Effect: GOCPYVS must seek funding from SAMHSA in order to hold
subsequent State SIM summits annually and, to the extent practicable, identify
opportunities to fund specified activities. Thus, federal fund revenues increase from any
federal funds that GOCPYVS receives; federal fund expenditures increase accordingly.
General fund expenditures for GOCPYVS increase by $82,358 in fiscal 2022, which
accounts for the bill’s July 1, 2021 effective date. This estimate reflects the cost of hiring
one data analyst to provide staff for the center, collect data, and author much of the required
statewide strategic plan by December 1, 2022, and each update of that plan annually
thereafter. It includes a salary, fringe benefits, one-time start-up costs, and ongoing
operating expenses.
Position 1.0
Salary and Fringe Benefits $76,613
Operating Expenses 5,745
FY 2022 State Expenditures $82,358
Future year expenditures reflect annual increases and employee turnover and ongoing
operating expenses. However, additional and potentially significant costs are incurred.
Though they cannot be reliably quantified at this time, general fund expenditures increase
beginning in fiscal 2023 to conduct the required racial impact analysis for the initial
statewide strategic plan and each annual update of that plan. These costs likely involve a
contract with the University System of Maryland and/or an HBCU for survey work. To the
extent the center contracts with a public senior higher education institution to assist in the
racial impact analysis, higher education revenues and expenditures increase.
Maryland Department of Health
Federal fund revenues and expenditures for MDH may increase to the extent that MDH
receives funding from the center for specified purposes, including behavioral health crisis
grants.
Department of Public Safety and Correctional Services
ENSB has historically advised that it funds the costs of training classes for PSAP
dispatchers in local jurisdictions. Thus, federal fund revenues and expenditures for DPSCS
may increase to the extent that ENSB receives funding from the center to train
9-1-1 operators.
Local Fiscal Effect: A local jurisdiction is encouraged to use an existing local planning
and coordinating committee or LMB to meet the bill’s collaboration requirements. Thus,
local jurisdictions can likely develop much of the required two-year community health and
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public safety plan with existing budgeted resources. To the extent that additional staff is
needed, expenditures may increase. Further, as for the center, the requirement for that plan
to include a racial impact analysis likely increases costs, potentially significantly so.
To the extent that an LHD or local behavioral health authority receives funding from the
center for specified purposes, including behavioral health screenings and behavioral health
initiatives for rural communities, local revenues and expenditures may increase.
Additional Comments: The 2020 final report of the Commission to Study Mental and
Behavioral Health, chaired by Lieutenant Governor Boyd K. Rutherford, recommended
development of a mental health-criminal justice center of excellence. The report notes that
centers of excellence centralize criminal justice/mental health resources, events, and
initiatives to disseminate information, track diversion activity, publish outcome metrics,
aid in planning, and provide resources, technical assistance, and training. These centers
also coordinate statewide SIM mapping workshops to summarize results and priorities that
inform cross-agency planning and program development. Examples of centers of
excellence exist in Florida, Illinois, Ohio, and Virginia.
Additional Information
Prior Introductions: None.
Designated Cross File: SB 857 (Senators Hester and Smith) - Finance.
Information Source(s): Maryland Association of County Health Officers; Montgomery
and Prince George’s counties; City of Bowie; Governor’s Office of Crime Prevention,
Youth, and Victim Services; University System of Maryland; Morgan State University;
Maryland Department of Health; Department of Human Services; Department of
Legislative Services
Fiscal Note History: First Reader - March 1, 2021
rh/jc Third Reader - March 29, 2021
Revised - Amendment(s) - March 29, 2021
Analysis by: Amber R. Gundlach Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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Statutes affected: Text - First - Health - Maryland Community Health and Public Safety Center of Excellence - Establishment: 13-4201 Health General, 13-4202 Health General, 13-4203 Health General, 13-4204 Health General, 13-4205 Health General, 13-4206 Health General
Text - Third - Health - Maryland Behavioral Health and Public Safety Center of Excellence - Establishment: 13-4201 Health General, 13-4202 Health General, 13-4203 Health General, 13-4204 Health General, 13-4205 Health General, 13-4206 Health General