Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            S.B. 27
Approved for Filing: A. Houston 6                              st
                                                                    1 Sub. (Green)
         6 01-31-24 11:04 AM 6
                         Senator Evan J. Vickers proposes the following substitute bill:
                     BEHAVIORAL HEALTH SYSTEM AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Evan J. Vickers
                                   House Sponsor: Steve Eliason
 6
 LONG TITLE
 General Description:
        This bill creates the Utah Behavioral Health Commission.
 Highlighted Provisions:
        This bill:
        < creates the Utah Behavioral Health Commission (commission) within the
 Department of Health and Human Services;
        < describes the commission's purpose and duties;
        < creates certain subcommittees under the commission, including moving certain
 existing behavioral health entities under the direction of the commission;
        < creates the Legislative Policy Committee under the direction of the commission, and
 describes that committee's duties;
        < provides a sunset date for the commission;
        < modifies the membership of certain existing behavioral health entities;               1 stSub. S.B. 27
        < amends the sunset date for the Education and Mental Health Coordinating
 Committee;
        < repeals the Behavioral Health Delivery Working Group;
        < repeals the Drug-related Offenses Reform Act; and
        < makes technical and conforming changes.
     *SB0027S01*
      1st Sub. (Green) S.B. 27                                            01-31-24 11:04 AM
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
       17-22-32, as last amended by Laws of Utah 2023, Chapter 408
       26B-1-324, as last amended by Laws of Utah 2023, Chapter 270 and renumbered and
 amended by Laws of Utah 2023, Chapter 305
       26B-1-329, as renumbered and amended by Laws of Utah 2023, Chapter 305
       26B-1-425, as last amended by Laws of Utah 2023, Chapter 139 and renumbered and
 amended by Laws of Utah 2023, Chapter 305
       26B-1-427, as renumbered and amended by Laws of Utah 2023, Chapter 305
       26B-1-428, as last amended by Laws of Utah 2023, Chapter 300 and renumbered and
 amended by Laws of Utah 2023, Chapter 305
       26B-3-213, as renumbered and amended by Laws of Utah 2023, Chapter 306
       26B-3-223, as renumbered and amended by Laws of Utah 2023, Chapter 306
       26B-5-112, as renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-5-112.5, as enacted by Laws of Utah 2023, Chapter 270
       26B-5-114, as last amended by Laws of Utah 2023, Chapter 270 and renumbered and
 amended by Laws of Utah 2023, Chapter 308
       26B-5-120, as enacted by Laws of Utah 2023, Chapter 270
       26B-5-403, as renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-5-609, as renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-5-610, as renumbered and amended by Laws of Utah 2023, Chapter 308
       26B-5-611, as renumbered and amended by Laws of Utah 2023, Chapter 308
       32B-2-210, as last amended by Laws of Utah 2022, Chapter 447
       32B-2-306, as last amended by Laws of Utah 2021, Chapter 291
       32B-2-402, as last amended by Laws of Utah 2022, Chapter 255
       32B-2-404, as last amended by Laws of Utah 2014, Chapter 119
       32B-2-405, as last amended by Laws of Utah 2016, Chapter 144
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      01-31-24 11:04 AM                                                1st Sub. (Green) S.B. 27
        32B-7-305, as last amended by Laws of Utah 2022, Chapter 447
        53F-2-522, as last amended by Laws of Utah 2023, Chapters 193, 328
        63C-18-102, as last amended by Laws of Utah 2023, Chapter 329
        63C-18-202, as last amended by Laws of Utah 2023, Chapters 270, 329
        63C-18-203, as last amended by Laws of Utah 2023, Chapters 270, 329
        63C-23-102, as last amended by Laws of Utah 2022, Chapter 274
        63C-23-201, as enacted by Laws of Utah 2021, Chapter 171
        63C-23-202, as enacted by Laws of Utah 2021, Chapter 171
        63I-1-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
 Utah 2023, Chapter 329
        63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
 269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
 Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
 2023, Chapters 329, 332
        63I-1-232, as last amended by Laws of Utah 2022, Chapter 34
        63I-1-263, as last amended by Laws of Utah 2023, Chapters 33, 47, 104, 109, 139, 155,
 212, 218, 249, 270, 448, 489, and 534
        63M-7-202, as last amended by Laws of Utah 2023, Chapter 150
        63M-7-301, as last amended by Laws of Utah 2023, Chapters 150, 266 and 330
        63M-7-302, as last amended by Laws of Utah 2019, Chapter 246
        63M-7-303, as last amended by Laws of Utah 2023, Chapters 266, 330 and 534 and last
 amended by Coordination Clause, Laws of Utah 2023, Chapter 330
        63M-7-304, as last amended by Laws of Utah 2010, Chapters 39, 286
        63M-7-306, as last amended by Laws of Utah 2010, Chapter 39
        64-13-45, as last amended by Laws of Utah 2019, Chapters 311, 385
        77-18-102, as last amended by Laws of Utah 2023, Chapter 330
        77-18-103, as last amended by Laws of Utah 2023, Chapter 155
 ENACTS:
        26B-5-701, Utah Code Annotated 1953
        26B-5-702, Utah Code Annotated 1953
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        1st Sub. (Green) S.B. 27                                                01-31-24 11:04 AM
         26B-5-703, Utah Code Annotated 1953
         26B-5-704, Utah Code Annotated 1953
         26B-5-705, Utah Code Annotated 1953
         26B-5-706, Utah Code Annotated 1953
 REPEALS:
         26B-3-138, as renumbered and amended by Laws of Utah 2023, Chapter 306
         63C-18-101, as last amended by Laws of Utah 2020, Chapter 303
         63C-23-101, as enacted by Laws of Utah 2021, Chapter 171
         63M-7-305, as last amended by Laws of Utah 2021, Chapter 260
         77-18-104, as renumbered and amended by Laws of Utah 2021, Chapter 260
 98
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 17-22-32 is amended to read:
         17-22-32. County jail reporting requirements.
         (1) As used in this section:
         (a) "Commission" means the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201.
         (b) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
 custody of a county jail.
         (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
         (A) being transported for medical care; or
         (B) receiving medical care outside of a county jail.
         (c) "Inmate" means an individual who is processed or booked into custody or housed in
 a county jail in the state.
         (d) "Opiate" means the same as that term is defined in Section 58-37-2.
         (2) Each county jail shall submit a report to the commission before June 15 of each
 year that includes, for the preceding calendar year:
         (a) the average daily inmate population each month;
         (b) the number of inmates in the county jail on the last day of each month who identify
 as each race or ethnicity included in the Standards for Transmitting Race and Ethnicity
 published by the Untied States Federal Bureau of Investigation;
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        01-31-24 11:04 AM                                                    1st Sub. (Green) S.B. 27
         (c) the number of inmates booked into the county jail;
         (d) the number of inmates held in the county jail each month on behalf of each of the
 following entities:
         (i) the Bureau of Indian Affairs;
         (ii) a state prison;
         (iii) a federal prison;
         (iv) the United States Immigration and Customs Enforcement;
         (v) any other entity with which a county jail has entered a contract to house inmates on
 the entity's behalf;
         (e) the number of inmates that are denied pretrial release and held in the custody of the
 county jail while the inmate awaited final disposition of the inmate's criminal charges;
         (f) for each inmate booked into the county jail:
         (i) the name of the agency that arrested the inmate;
         (ii) the date and time the inmate was booked into and released from the custody of the
 county jail;
         (iii) if the inmate was released from the custody of the county jail, the reason the
 inmate was released from the custody of the county jail;
         (iv) if the inmate was released from the custody of the county jail on a financial
 condition, whether the financial condition was set by a county sheriff or a court;
         (v) the number of days the inmate was held in the custody of the county jail before
 disposition of the inmate's criminal charges;
         (vi) whether the inmate was released from the custody of the county jail before final
 disposition of the inmate's criminal charges; and
         (vii) the state identification number of the inmate;
         (g) the number of in-custody deaths that occurred at the county jail;
         (h) for each in-custody death[;]:
         (i) the name, gender, race, ethnicity, age, and known or suspected medical diagnosis or
 disability, if any, of the deceased;
         (ii) the date, time, and location of death;
         (iii) the law enforcement agency that detained, arrested, or was in the process of
 arresting the deceased; and
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        1st Sub. (Green) S.B. 27                                                  01-31-24 11:04 AM
        (iv) a brief description of the circumstances surrounding the death;
        (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
 each of the in-custody deaths described in Subsection (2)(g);
        (j) the county jail's policy for notifying an inmate's next of kin after the inmate's
 in-custody death;
        (k) the county jail policies, procedures, and protocols:
        (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
 including use of opiates;
        (ii) that relate to the county jail's provision, or lack of provision, of medications used to
 treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
 forms of buprenorphine and naltrexone; and
        (iii) that relate to screening, assessment, and treatment of an inmate for a substance use
 or mental health disorder; and
        (l) any report the county jail provides or is required to provide under federal law or
 regulation relating to inmate deaths.
        (3) (a) Subsection (2) does not apply to a county jail if the county jail:
        (i) collects and stores the data described in Subsection (2); and
        (ii) enters into a memorandum of understanding with the commission that allows the
 commission to access the data described in Subsection (2).
        (b) The memorandum of understanding described in Subsection (3)(a)(ii) shall include
 a provision to protect any information related to an ongoing investigation and comply with all
 applicable federal and state laws.
        (c) If the commission accesses data from a county jail in accordance with Subsection
 (3)(a), the commission may not release a report prepared from that data, unless:
        (i) the commission provides the report for review to:
        (A) the county jail; and
        (B) any arresting agency that is named in the report; and
        (ii) (A) the county jail approves the report for release;
        (B) the county jail reviews the report and prepares a response to the report to be
 published with the report; or
        (C) the county jail fails to provide a response to the report within four weeks after the
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        01-31-24 11:04 AM                                                        1st Sub. (Green) S.B. 27
 day on which the commission provides the report to the county jail.
         (4) The commission shall:
         (a) compile the information from the reports described in Subsection (2);
         (b) omit or redact any identifying information of an inmate in the compilation to the
 extent omission or redaction is necessary to comply with state and federal law;
         (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
 Committee and the Utah Substance Use and Mental Health Advisory [Council] Committee
 before November 1 of each year; and
         (d) submit the compilation to the protection and advocacy agency designated by the
 governor before November 1 of each year.
         (5) The commission may not provide access to or use a county jail's policies,
 procedures, or protocols submitted under this section in a manner or for a purpose not
 described in this section.
         (6) A report including only the names and causes of death of deceased inmates and the
 facility in which they were being held in custody shall be made available to the public.
         Section 2. Section 26B-1-324 is amended to read:
         26B-1-324. Statewide Behavioral Health Crisis Response Account -- Creation --
 Administration -- Permitted uses -- Reporting.
         (1) There is created a restricted account within the General Fund known as the
 "Statewide Behavioral Health Crisis Response Account," consisting of:
         (a) money appropriated or otherwise made available by the Legislature; and
         (b) contributions of money, property, or equipment from federal agencies, political
 subdivisions of the state, or other persons.
         (2) (a) Subject to appropriations by the Legislature and any contributions to the account
 described in Subsection (1)(b), the division shall disburse funds in the account only for the
 purpose of support or implementation of services or enhancements of those services in order to
 rapidly, efficiently, and effectively deliver 988 services in the state.
         (b) Funds distributed from the account to county local mental health and substance
 abuse authorities for the provision of crisis services are not subject to the 20% county match
 described in Sections 17-43-201 and 17-43-301.
         (c) After consultation with the Behavioral Health Crisis Response [Commission]
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        1st Sub. (Green) S.B. 27                                                   01-31-24 11:04 AM
 Committee created in Section 63C-18-202, and local substance use authorities and local mental
 health authorities described in Sections 17-43-201 and 17-43-301, the division shall expend
 funds from the account on any of the following programs:
        (i) the Statewide Mental Health Crisis Line, as defined in Section 26B-5-610, including
 coordination with 911 emergency service, as defined in Section 69-2-102, and coordination
 with local substance abuse authorities as described in Section 17-43-201, and local mental
 health authorities, described in Section 17-43-301;
        (ii) mobile crisis outreach teams as defined in Section 26B-5-609, distributed in
 accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act;
        (iii) behavioral health receiving centers as defined in Section 26B-5-114;
        (iv) stabilization services as described in Section [26B-1-102] 26B-5-101;
        (v) mental health crisis services, as defined in Section 26B-5-101, provided by local
 substance abuse authorities as described in Section 17-43-201 and local mental health
 authorities described in Section 17-43-301 to provide prolonged mental health services for up
 to 90 days after the day on which an individual experiences a mental health crisis as defined in
 Section 26B-5-101;
        (vi) crisis intervention training for first responders, as that term is defined in Section
 78B-4-501;
        (vii) crisis worker certification training for first responders, as that term is defined in
 Section 78B-4-501;
        (viii) frontline support for the SafeUT Crisis Line; or
        (ix) suicide prevention gatekeeper training for first responders, as that term is defined
 in Section 78B-4-501.
        (d) If the Legislature appropriates money to the account for a purpose described in
 Subsection (2)(c), the division shall use the appropriation for that purpose.
        (3) Subject to appropriations by the Legislature and any contributions to the account
 described in Subsection (1)(b), the division may expend funds in the account for administrative
 costs that the division inc