LEGISLATIVE GENERAL COUNSEL H.B. 421
6 Approved for Filing: G. Harb 6 th
5 Sub. (Salmon)
6 02-28-24 1:47 PM 6
Senator Kirk A. Cullimore proposes the following substitute bill:
1 HOMELESSNESS AND VULNERABLE POPULATIONS
2 AMENDMENTS
3 2024 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Steve Eliason
6 Senate Sponsor: Kirk A. Cullimore
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the oversight and provision of services for
11 individuals experiencing homelessness and other vulnerable populations.
12 Highlighted Provisions:
13 This bill:
14 < authorizes the Utah State Hospital to contract for certain services;
15 < establishes the HOME Court Pilot Program to provide for comprehensive,
16 court-supervised treatment and services to individuals in Salt Lake County with
17 mental illness;
18 < provides for the duty of the executive committee of the Utah Homelessness Council
19 (council) to serve in an advisory capacity for the council;
20 < requires the council to establish standards for prioritizing beds in homeless shelters; 5 thSub. H.B. 421
21 < prohibits a homeless shelter from receiving funds from the Office of Homeless
22 Services (office) upon failing to comply with the council's prioritization standards;
23 < allows a homeless shelter to receive grants from the council upon providing any
24 amount of matching funds;
25 < requires the council to consider the amount of matching grants provided by a
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26 homeless shelter in awarding grants;
27 < allows the Department of Public Safety to receive Homeless Shelter Cities
28 Mitigation Restricted Account funds (mitigation funds) under certain
29 circumstances;
30 < clarifies that mitigation funds are nonlapsing and allows the office to disburse
31 uncommitted mitigation funds to municipalities in the following year;
32 < prohibits a municipality from receiving mitigation funds unless the municipality
33 enforces certain prohibitions and demonstrates improvement in reducing certain
34 conduct;
35 < exempts certain counties from winter response plan requirements if a county
36 develops a year-round plan for addressing the needs of individuals experiencing
37 homelessness;
38 < increases the temperature for a code blue alert to take effect;
39 < allows a municipality to implement emergency measures to assist individuals
40 experiencing homelessness during dangerous weather conditions;
41 < amends provisions concerning how a health care provider submits a request for an
42 individual who voluntarily requests to be restricted from purchasing or possessing
43 firearms; 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 This bill provides retrospective operation.
50 Utah Code Sections Affected:
51 AMENDS:
52 35A-16-203, as last amended by Laws of Utah 2023, Chapter 302
53 35A-16-205, as last amended by Laws of Utah 2022, Chapter 403
54 35A-16-302, as last amended by Laws of Utah 2023, Chapter 302
55 35A-16-402, as last amended by Laws of Utah 2023, Chapter 302
56 35A-16-403, as last amended by Laws of Utah 2023, Chapter 302
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57 35A-16-502, as repealed and reenacted by Laws of Utah 2023, Chapter 302
58 35A-16-701, as enacted by Laws of Utah 2023, Chapter 302
59 35A-16-702, as enacted by Laws of Utah 2023, Chapter 302
60 53-5c-301, as last amended by Laws of Utah 2023, Chapter 405
61 53-5c-302, as enacted by Laws of Utah 2023, Chapter 405
62 59-12-205, as last amended by Laws of Utah 2023, Chapters 302, 471 and 492
63 63J-1-602.1, as last amended by Laws of Utah 2023, Chapters 26, 33, 34, 194, 212,
64 330, 419, 434, 448, and 534
65 ENACTS:
66 26B-5-381, Utah Code Annotated 1953
67 26B-5-382, Utah Code Annotated 1953
68 35A-16-205.1, Utah Code Annotated 1953
69
70 Be it enacted by the Legislature of the state of Utah:
71 Section 1. Section 26B-5-381 is enacted to read:
72 26B-5-381. Contracted state hospital services.
73 (1) In accordance with the authority, responsibilities, and duties granted to the division
74 and state hospital under this part, the state hospital may contract with any willing provider to:
75 (a) supervise and treat a patient with a mental illness who has been committed to the
76 state hospital's custody; or
77 (b) facilitate the reentry of a discharged patient into the community.
78 (2) A provider who enters into a contract with the state hospital under Subsection (1)
79 shall provide a level of supervision and security that is equal to or greater than the level of
80 supervision and security that:
81 (a) is necessary to treat the patient with a mental illness; and
82 (b) would be offered at or recommended by the state hospital.
83 (3) In collaboration with the Division of Integrated Healthcare, the superintendent and
84 clinical director shall provide a report to the Health and Human Services Interim Committee at
85 or before the committee's 2024 November interim meeting that includes information and
86 recommendations on:
87 (a) the number of patients with a mental illness served through a state hospital contract
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88 in accordance with Subsection (1), and the nature of the services rendered;
89 (b) addressing the needs of patients with complex legal and mental health statuses who
90 are expected to have significantly long stays at the state hospital and who are not able to be
91 discharged into the community;
92 (c) the creation of a low-acuity step-down facility to assist patients described in
93 Subsection (3)(b); and
94 (d) opportunities for collaboration with local mental health authorities and other
95 willing providers to provide low-acuity step-down services to assist patients described in
96 Subsection (3)(b).
97 Section 2. Section 26B-5-382 is enacted to read:
98 26B-5-382. HOME Court Pilot Program -- Requirements -- Funding -- Reporting.
99 (1) As used in this section, "pilot program" means the HOME Court Pilot Program
100 established in Subsection (2).
101 (2) Subject to appropriations from the Legislature and the appointment of a judge to
102 preside over the proceedings, the Third Judicial District Court of Salt Lake County shall
103 establish and administer a HOME Court Pilot Program beginning October 1, 2024, and ending
104 June 30, 2029, that provides for comprehensive and individualized, court-supervised treatment
105 and services to individuals with mental illness.
106 (3) The pilot program shall:
107 (a) allow a person to petition the court for an order requiring an individual's
108 participation in the pilot program;
109 (b) require the court to substitute the local mental health authority as the petitioner if
110 the initial petitioner is not the local mental health authority;
111 (c) provide an opportunity for the parties to enter into an agreement regarding an
112 individual's participation in the pilot program, including a treatment plan, prior to a court order
113 under Subsection (3)(e);
114 (d) provide for a hearing at which information is presented to determine whether an
115 individual qualifies for court-ordered participation in the pilot program as provided in
116 Subsection (3)(e);
117 (e) require the court to order an individual to participate in the pilot program if, upon
118 completion of the hearing described in Subsection (3)(d), the court finds by clear and
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119 convincing evidence that:
120 (i) the individual resides or may be presently found within Salt Lake County;
121 (ii) the individual has a mental illness;
122 (iii) because of the individual's mental illness, the individual:
123 (A) is unlikely to survive or remain safe without supervision, assistance, or services; or
124 (B) meets the criteria described in Subsection 26B-5-351(14)(c)(i) or (ii);
125 (iv) there is no appropriate less-restrictive alternative to a court order for participation
126 in the pilot program;
127 (v) the individual is likely to benefit from participation in the pilot program; and
128 (vi) there is adequate capacity within the pilot program to meet the individual's need
129 for services described in Subsection (3)(f);
130 (f) upon the court's order for an individual to participate in the pilot program, require
131 the local mental health authority to prepare a comprehensive and individualized treatment plan,
132 for approval by the court, that includes the following components for the individual to
133 successfully achieve the purposes of the pilot program:
134 (i) mental health services;
135 (ii) housing resources;
136 (iii) social services;
137 (iv) case management;
138 (v) peer support;
139 (vi) exit or transition services; and
140 (vii) individualized goals for the successful completion of the pilot program;
141 (g) upon the court's approval of a treatment plan prepared by the local mental health
142 authority:
143 (i) require the local mental health authority to coordinate services required for
144 participation in the pilot program; and
145 (ii) require the court to conduct regular review hearings as deemed necessary to
146 evaluate the individual's progress in completing the treatment plan; and
147 (h) operate in a manner that is consistent with the procedures for ordering assisted
148 outpatient treatment under Section 26B-5-351.
149 (4) (a) (i) If a individual participating in the pilot program has an outstanding warrant
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150 or pending criminal matter in another Utah court, the Third Judicial District Court of Salt Lake
151 County may notify the other court in which the individual has an outstanding warrant or
152 pending criminal matter regarding the individual's participation in the pilot program.
153 (ii) Upon receiving notice of an individual's participation in the pilot program under
154 Subsection (4)(a)(i), the other court may, if deemed appropriate, recall the warrant or stay the
155 case in which the individual is involved unless the warrant or case involves a felony charge.
156 (iii) In determining whether to recall a warrant or stay a case under Subsection
157 (4)(a)(ii), the other court shall consider the likelihood of the individual's successful completion
158 of the pilot program, the severity of the pending charges, the impact on victims' rights, and the
159 impact on the government's ability and right to prosecute the case.
160 (b) (i) If an individual described in Subsection (4)(a)(i) successfully completes the pilot
161 program, the Third Judicial District Court of Salt Lake County may notify the other court in
162 which the individual has an outstanding warrant or pending criminal matter regarding the
163 individual's successful completion of the pilot program.
164 (ii) Upon receiving notice of an individual's successful completion of the pilot program
165 under Subsection (4)(b)(i), the other court shall consider the effect of the individual's
166 completion of the pilot program on the case pending before that court, including the dismissal
167 of criminal charges if deemed appropriate.
168 (5) (a) Costs of all services provided under the pilot program, including the costs
169 incurred by the multidisciplinary team described in Subsection (5)(b)(ii)(B), shall be paid by
170 Salt Lake County.
171 (b) If the Legislature appropriates money to the division for implementation of the pilot
172 program, the division shall:
173 (i) require the local mental health authority, as part of the plan required under
174 Subsection 17-43-301(6)(a)(ii), to submit to the division a proposal for implementation of the
175 pilot program on or before May 15 of each year;
176 (ii) review the proposal described in Subsection (5)(b)(i) to ensure that the proposal:
177 (A) meets the requirements of this section; and
178 (B) establishes a multidisciplinary team, with a sufficient number of stakeholders, to
179 adequately address the provision of treatment and services under the pilot program;
180 (iii) upon approval of the proposal described in Subsection (5)(b)(i), contract funds
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181 appropriated for the pilot program with the local mental health authority; and
182 (iv) conduct an annual audit and review of the local mental health authority, and any
183 contracted provider, regarding the use of funds appropriated for the pilot program.
184 (c) The matching requirement in Subsection 17-41-301(6)(a)(x) does not apply to
185 funds appropriated by the Legislature for the pilot program.
186 (d) Subject to appropriation by the Legislature, Salt Lake County may:
187 (i) apply to the division to receive funds to cover the county's costs under the pilot
188 program; and
189 (ii) pay county contributions to the nonfederal share of Medicaid expenditures with
190 funds appropriated for the pilot program.
191 (6) The department shall:
192 (a) establish and evaluate metrics for the success of the pilot program with input from
193 the local mental health authority, the Utah Homelessness Council created in Section
194 35A-16-204, and the Judicial Council; and
195 (b) in collaboration with the local mental health authority, submit to the Health and
196 Human Services Interim Committee a report on or before June 30 of each year, beginning in
197 calendar year 2025, regarding the outcomes of the pilot program.
198 Section 3. Section 35A-16-203 is amended to read:
199 35A-16-203. Powers and duties of the coordinator.
200 (1) The coordinator shall:
201 (a) coordinate the provision of homeless services in the state;
202 (b) in cooperation with the homelessness council, develop and maintain a
203 comprehensive annual budget and overview of all homeless services available in the state,
204 which homeless services budget shall receive final approval by the homelessness council;
205 (c) in cooperation with the homelessness council, create a statewide strategic plan to
206 minimize homelessness in the state, which strategic plan shall receive final approval by the
207 homelessness council;
208 (d) in cooperation with the homelessness council, oversee funding provided for the
209 provision of homeless services, which funding shall receive final approval by the homelessness
210 council, including funding from the:
211 (i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
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212 (ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
213 and
214 (iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
215 35A-16-402;
216 (e) provide administrative support to and serve as a member of the homelessness
217 council;
218 (f) at the governor's request, report directly to the governor on issues regarding
219 homelessness in the state and the provision of homeless services in the state; and
220 (g) report directly to the president of the Senate and the speaker of the House of
221 Representatives at least twice each year on issues regarding homelessness in the state and the
222 provision of homeless services in the state.
223 (2) The coordinator, in cooperation with the homelessness council, shall ensure that the
224 homeless services budget described in Subsection (1)(b) includes an overview and coordination
225 plan for all funding sources for homeless services in the state, including from state agencies,
226 Continuum of Care organizations, housing authorities, local governments, federal sources, and
227 private organizations.
228 (3) The coordinator, in cooperation with the homelessness council, shall ensure that the
229 strategic plan described in Subsection (1)(c):
230 (a) outlines specific goals and measurable benchmarks for minimizing homelessness in
231 the state and for coordinating services for individuals experiencing homelessness among all
232 service providers in the state;
233 (b) identifies best practices and recommends improvements to the provision of services