EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1018*
HOUSE BILL 1018
E4, J1 2lr3211
CF SB 781
By: Delegate Carey
Introduced and read first time: February 10, 2022
Assigned to: Appropriations and Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Safety and Behavioral Health Improvement Act 2
FOR the purpose of requiring the Governor’s Office of Crime Prevention, Youth, and Victim 3
Services to take certain actions related to the inclusion of performance data and 4
information in reports and the creation of a scorecard of quantifiable safety 5
indicators; requiring the Maryland Department of Health to adopt regulations 6
establishing criteria for certifying peer support specialists as nonclinical health care 7
providers; requiring the Governor to include in the annual budget bill an 8
appropriation for the Maryland Behavioral Health and Public Safety Center of 9
Excellence within the Office for the purposes of carrying out the Center’s mission; 10
establishing a behavioral health screening grant program within the Department; 11
requiring the Maryland 9–1–1 Board to establish training requirements for public 12
safety answering point personnel; requiring the Governor to appoint the Executive 13
Director of the Office with the advice and consent of the Senate; and generally 14
relating to public safety and behavioral health in the State. 15
BY adding to 16
Article – Health – General 17
Section 7.5–901 to be under the new subtitle “Subtitle 9. Peer Support Services”; and 18
13–4207 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Health – General 23
Section 13–4202 24
Annotated Code of Maryland 25
(2019 Replacement Volume and 2021 Supplement) 26
BY repealing and reenacting, without amendments, 27
Article – Public Safety 28 2 HOUSE BILL 1018
Section 1–301(a) and (b) and 1–306(a) and (e) 1
Annotated Code of Maryland 2
(2018 Replacement Volume and 2021 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Public Safety 5
Section 1–306(b)(15) 6
Annotated Code of Maryland 7
(2018 Replacement Volume and 2021 Supplement) 8
BY adding to 9
Article – Public Safety 10
Section 1–306(h) 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – State Government 15
Section 9–3501 through 9–3503 to be under the new subtitle “Subtitle 35. Governor’s 16
Office of Crime Prevention, Youth, and Victim Services” 17
Annotated Code of Maryland 18
(2021 Replacement Volume) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Health – General 22
SUBTITLE 9. PEER SUPPORT SERVICES. 23
7.5–901. 24
(A) IN THIS SUBTITLE, “PEER SUPPORT SPECIAL IST” MEANS AN INDIVIDUAL 25
WHO PROVIDES PEER SU PPORT SERVICES , AS DEFINED UNDER § 26
7.5–101 OF THIS TITLE. 27
(B) ON OR BEFORE JANUARY 1, 2023, THE DEPARTMENT SHALL ADOP T 28
REGULATIONS THAT E STABLISH CRITERIA FO R CERTIFYING PEER SU PPORT 29
SPECIALISTS AS NONCL INICAL HEALTH CARE P ROVIDERS. 30
(C) THE CRITERIA FOR CERT IFYING A PEER SUPPOR T SPECIALIST UNDER 31
THIS SECTION SHALL R EQUIRE AN INDIVIDUAL TO: 32
(1) HAVE BEEN IN RECOVERY FOR A MENTAL OR BEH AVIORAL 33
HEALTH DISORDER FOR AT LEAST 2 YEARS; OR 34
HOUSE BILL 1018 3
(2) HAVE AT LEAST 2 YEARS OF EXPERIENCE AS A FAMILY MEMBER 1
OF OR CAREGIVER FOR AN INDIVIDUAL WITH A MENTAL OR BEHAVIORAL HEALTH 2
DISORDER. 3
13–4202. 4
(a) There is a Maryland Behavioral Health and Public Safety Center of Excellence 5
in the Governor’s Office of Crime Prevention, Youth, and Victim Services. 6
(b) The purposes of the Center are to: 7
(1) Act as the statewide information repository for behavioral health 8
treatment and diversion programs related to the criminal justice system; 9
(2) Lead the development of a strategic plan to increase treatment and 10
reduce the detention of individuals with behavioral health disorders involved in the 11
criminal justice system; 12
(3) Provide technical assistance to local governments for developing 13
effective behavioral health systems of care that prevent and minimize involvement with 14
the criminal justice system for individuals with behavioral health disorders; 15
(4) Facilitate local or regional planning workshops using the Sequential 16
Intercept Model; 17
(5) Coordinate with the Department and the Behavioral Health 18
Administration to implement and track the progress of creating an effective behavioral 19
health system of care in the State relating to individuals involved in the criminal justice 20
system; and 21
(6) Identify and inform any relevant stakeholders of any federal funding 22
available to the Center to carry out the mission of the Center, including through the 23
provision of grants, scholarships, and other funding to recipients engaged in training, the 24
provision of services, or the study of matters relating to behavioral health, public safety, 25
and criminal justice. 26
(c) In carrying out its duties, the Center shall continuously monitor and analyze 27
its models, plans, policies, strategies, programs, technical assistance, and training for their 28
validity and for opportunities to reduce and eliminate disparities in the criminalization of 29
racial minorities with behavioral health disorders and increase access to culturally 30
competent care. 31
(d) (1) The Governor’s Office of Crime Prevention, Youth, and Victim Services 32
shall appoint the following individuals to jointly oversee the Center: 33
(i) A crisis intervention law enforcement coordinator; 34
4 HOUSE BILL 1018
(ii) A mental health coordinator; and 1
(iii) Any other individuals determined necessary by the Office. 2
(2) The individuals appointed under paragraph (1) of this subsection may 3
be associated with the Crisis Intervention Team Center of Excellence within the Governor’s 4
Office of Crime Prevention, Youth, and Victim Services. 5
(e) The Center may designate points of contact throughout the State who 6
specialize in behavioral health treatment within the criminal justice system to brief the 7
Center on the progress of statewide implementation of diversion programs. 8
(f) The Center may coordinate with the Justice Reinvestment Oversight Board 9
and other State entities working to reduce State and local detention facility populations 10
and recidivism. 11
(g) (1) The Center may enter into contracts with the University of Maryland 12
System, Maryland HBCUs, or other entities or organizations for the purposes of carrying 13
out its mission. 14
(2) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , 15
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROP RIATION 16
OF $500,000 FOR THE CENTER TO ENTER INTO CONTRACTS FOR THE PU RPOSES OF 17
CARRYING OUT ITS MIS SION, INCLUDING: 18
(I) FACILITATING THE GATH ERING OF INFORMATION FROM 19
ALL COUNTIES IN THE STATE; AND 20
(II) SUPPORTING LOCAL OR R EGIONAL PLANNING WOR KSHOPS. 21
(h) The operation of the Center is subject to the limitations of the State budget. 22
13–4207. 23
(A) IN THIS SECTION , “PROGRAM” MEANS THE BEHAVIORAL HEALTH 24
SCREENING GRANT PROGRAM. 25
(B) (1) THERE IS A BEHAVIORAL HEALTH SCREENING GRANT PROGRAM 26
IN THE DEPARTMENT . 27
(2) THE PURPOSE OF THE PROGRAM IS TO PROVIDE FUNDS TO LOCAL 28
JURISDICTIONS TO EST ABLISH AND EXPAND BE HAVIORAL HEALTH SCRE ENING 29
PILOT PROGRAMS . 30
HOUSE BILL 1018 5
(C) THE DEPARTMENT , IN COORDINATION WITH THE MARYLAND 1
BEHAVIORAL HEALTH AND PUBLIC SAFETY CENTER OF EXCELLENCE, SHALL 2
ADMINISTER THE PROGRAM. 3
(D) THE DEPARTMENT SHALL PURS UE ADDITIONAL FUNDS TO PROVIDE 4
GRANTS UNDER THE PROGRAM FROM THE FEDE RAL SUBSTANCE ABUSE AND 5
MENTAL HEALTH SERVICES ADMINISTRATION . 6
(E) (1) THE PROGRAM SHALL AWARD C OMPETITIVE GR ANTS TO 7
ENTITIES TO ESTABLIS H AND EXPAND BEHAVIO RAL HEALTH SCREENING PILOT 8
PROGRAMS AND SERVICE S THAT: 9
(I) PROVIDE HEALTH SERVIC ES THAT QUICKLY ASSE SS THE 10
SEVERITY OF SUBSTANC E USE DISORDERS ; 11
(II) IDENTIFY APPROPRIATE LEVELS OF TREATMENT ; 12
(III) INCREASE INSIGHT AND AWARENESS REGARDING 13
SUBSTANCE USE AND MO TIVATION TOWARD BEHA VIORAL CHANGE ; AND 14
(IV) DIRECT THOSE IDENTIFI ED AS NEEDING MORE E XTENSIVE 15
TREATMENT TOWARD SPE CIALTY CARE. 16
(2) FOR EACH SERVICE OR P ROGRAM THAT RECEIVES FUNDING 17
UNDER THE PROGRAM, THE ENTITY SHALL REP ORT TO THE DEPARTMENT AND 18
MAKE AVAILABLE TO TH E PUBLIC: 19
(I) ALL OUTCOME MEASUREME NT DATA REQUIRED BY THE 20
DEPARTMENT ; AND 21
(II) ALL PUBLIC FEEDBACK R ECEIVED FROM THE COM MUNITY 22
THROUGH A COMBINATIO N OF SURVEYS , PUBLIC COMMENTS , TOWN HALL 23
MEETINGS, AND OTHER METHODS . 24
(3) THE DEPARTMENT SHALL ESTA BLISH: 25
(I) APPLICATION PROCEDURE S; 26
(II) A STATEWIDE SYSTEM OF OUTCOME MEASUREMENT TO: 27
1. ASSESS THE EFFECTIVEN ESS AND ADEQUACY OF 28
BEHAVIORAL HEALTH CR ISIS RESPONSE SERVICES AN D PROGRAMS ; AND 29
6 HOUSE BILL 1018
2. PRODUCE DATA THAT IS : 1
A. COLLECTED, ANALYZED, AND PUBLICLY REPORTE D 2
BACK AT LEAST ANNUAL LY; AND 3
B. DISAGGREGATED BY RACE , GENDER, AGE, AND ZIP 4
CODE; AND 5
(III) ANY OTHER PROCEDURES , GUIDELINES, OR CRITERIA 6
NECESSARY TO CARRY O UT THIS SECTION. 7
(F) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2023, THE 8
DEPARTMENT SHALL SUBM IT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 9
2–1257 OF THE STATE GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY A 10
REPORT THAT INC LUDES: 11
(1) THE NUMBER OF GRANTS DISTRIBUTED; 12
(2) FUNDS DISTRIBUTED BY COUNTY; 13
(3) INFORMATION ABOUT GRA NT RECIPIENTS AND PR OGRAMS AND 14
SERVICES PROVIDED ; AND 15
(4) ANY AVAILABLE OUTCOME DATA. 16
(G) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 17
ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 FOR THE PROGRAM. 18
Article – Public Safety 19
1–301. 20
(a) In this subtitle the following words have the meanings indicated. 21
(b) “Board” means the Maryland 9–1–1 Board. 22
1–306. 23
(a) The Board shall coordinate the enhancement of county 9–1–1 systems. 24
(b) The Board’s responsibilities include: 25
(15) establishing training standards for public safety answering point 26
personnel based on national best practices, including: 27
HOUSE BILL 1018 7
(I) training concerning Next Generation 9–1–1 topics and individual 1
psychological well–being and resilience; AND 2
(II) TRAINING ON: 3
1. BEHAVIORAL HEALTH CO NDITIONS; 4
2. CRISIS INTERVENTION ; AND 5
3. THE DIVERSION OF IND IVIDUALS WITH BEHAVI ORAL 6
HEALTH CONDITIONS AW AY FROM LAW ENFORCEM ENT RESPONSE TO MORE 7
APPROPRIATE RESOURCE S; 8
(e) (1) The standards established by the Board under subsection (b)(15) of this 9
section shall include onboarding standards for newly hired 9–1–1 specialists and minimum 10
continuing education standards for 9–1–1 specialists. 11
(2) (i) At least once each year, the Board shall provide for an audit of 12
each public safety answering point in order to ensure that 9–1–1 specialists and other 13
personnel employed by the public safety answering point have satisfied the training 14
requirements established in accordance with subsection (b)(15) of this section. 15
(ii) The audit described under subparagraph (i) of this paragraph 16
may be conducted concurrently with an inspection of the public safety answering point in 17
accordance with subsection (b)(10) of this section. 18
(H) (1) THE BOARD SHALL ESTABLISH A PROCESS BY WHICH A PUBLIC 19
SAFETY ANSWERING POI NT MAY APPLY FOR A G RANT TO EXPAND PUBLI C SAFETY 20
ANSWERING POINT PERS ONNEL TRAINING DESCRIBED I N SUBSECTION (B)(15)(II) 21
OF THIS SECTION. 22
(2) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 23
ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 FOR THE BOARD TO 24
PROVIDE GRANTS TO LO CAL JURISDICTIONS TO EXPAND TRAINING DESC RIBED IN 25
SUBSECTION (B)(15)(II) OF THIS SECTION. 26
Article – State Government 27
SUBTITLE 35. GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 28
SERVICES. 29
9–3501. 30
IN THIS SUBTITLE , “OFFICE” MEANS THE GOVERNOR’S OFFICE OF CRIME 31
PREVENTION, YOUTH, AND VICTIM SERVICES. 32 8 HOUSE BILL 1018
9–3502. 1
(A) NOTWITHSTANDING ANY OTHER PRO VISION OF LAW, THE GOVERNOR 2
SHALL APPOINT THE EXECUTIVE DIRECTOR OF THE OFFICE WITH THE ADVIC E AND 3
CONSENT OF THE SENATE. 4
(B) THE EXECUTIVE DIRECTOR OF THE OFFICE SHALL SERVE AT THE 5
PLEASURE OF THE GOVERNOR. 6
9–3503. 7
(A) THE OFFICE SHALL ENSURE THAT AL L REPORTS ISSUED BY THE OFFICE 8
RELATED TO GRANT PRO GRAMS INCLUDE : 9
(1) A SUMMARY OF ALL COL LECTED PERFORMANCE M EASURE DATA ; 10
AND 11
(2) INFORMATION NECESSAR Y TO PROVIDE TRANSPA RENCY IN THE 12
RESULTS OF COMPETITI VE GRANT AWARDS . 13
(B) (1) THE OFFICE SHALL CREATE , FOR INCLUSION IN ITS ANNUAL 14
REPORT, A SCORECARD OF QUANT IFIABLE SAFETY INDIC ATORS. 15
(2) THE OFFICE SHALL DETERMIN E APPROPRIATE INDICA TORS FOR 16
THE SCORECARD IN COO RDINATION WITH : 17
(I) THE DEPARTMENT OF STATE POLICE; 18
(II) THE DEPARTMENT OF PUBLIC SAFETY AND 19
CORRECTIONAL SERVICES; 20
(III) THE OFFICE OF THE ATTORNEY GENERAL; 21
(IV) THE MARYLAND DEPARTMENT OF LABOR; 22
(V) THE STATE DEPARTMENT OF EDUCATION; 23
(VI) THE MARYLAND DEPARTMENT OF HEALTH; AND 24
(VII) THE DEPARTMENT OF HUMAN SERVICES. 25
HOUSE BILL 1018 9
(3) IN ADDITION TO THE IN DICATORS DETERMINED UNDER 1
PARAGRAPH (2) OF THIS SUBSECTION , THE SCORECARD SHALL INCLUDE: 2
(I) CRIME STATISTICS FOR VIOLENT CRIME AND PR OPERTY 3
CRIME AS REPORTED IN THE UNIFORM CRIME REPORTS OR THE NATIONAL 4
INCIDENT–BASED REPORTING SYSTEM, INCLUDING: 5
1. MURDER; 6
2. RAPE; 7
3. ROBBERY; 8
4. AGGRAVATED ASSAULT ; 9
5. BREAKING OR ENTERING ; 10
6. LARCENY OR THEFT ; AND 11
7. MOTOR VEHICLE THEFT ; 12
(II) CRIME CLEARANCE RATE S FOR THE CRIMES INCLUDED 13
UNDER ITEM (I) OF THIS PARAGRAPH ; 14
(III) THE PORTION OF COMMI TTED CRIMES NOT REPO RTED TO 15
LAW ENFORCEMENT AS E STIMATED BASED ON TH E NATIONAL CRIME 16
VICTIMIZATION SURVEY OR OTHER SOURC ES; 17
(IV) INDICATORS OF SAFETY AND FAIRNESS IN THE CRIMINAL 18
JUSTICE SYSTEM IN TH E STATE, INCLUDING: 19
1. THE NUMBER OF SERIOU S ASSAULTS ON STAFF AND 20
INMATES COMMITTED IN STATE CORRECTIONAL FA CILITIES; 21
2. POLICE USE OF FORCE STATISTICS; 22
3. THE NUMBER OF LAW EN FORCEMENT PERSONNEL 23
KILLED IN THE LINE OF DUTY ; 24
4. DISPARITY IN TRAFFIC STOPS, ARRESTS, 25
CONVICTIONS, AND SENTENCING BY RA CE AND ETHNICITY ; 26
10 HOUSE BILL 1018
5. AVAILABLE SURVEYS OF PUBLIC TRUST IN POLI CING 1
AND THE CRIMINAL JUS TICE SYSTEM IN THE STATE; AND 2
6. RATES OF JUDICIAL CO MPLIANCE WITH STATE 3
SENTENCING POLICIES BY RACE AND TYPE OF CASE; AND 4
(V) INDICATORS OF THE UN DERLYING FACTORS AND 5
CONDITIONS AFFECTING PROGRESS TOWARD A SA FER STATE, INCLUDING: 6
1. UNEMPLOYMENT RATES B Y AGE, GENDER, RACE, 7
ETHNICITY, AND REGION; 8
2. SCHOOL DROPOUT RATES ; 9
3. POPULATION DENSITY A ND DEGREE OF 10
URBANIZATION ; 11
4. PERCENTAGE OF RESIDE NTS BELOW THE FEDERA L 12
POVERTY THRESHOLD ; 13
5. MEDIAN HOUSEHOLD INC OME; AND 14
6. ACCESS TO MENTAL HEA LTH, BEHAVIORAL HEALTH , 15
AND ADDICTION TREATM ENT. 16
SECTION 2. AND BE IT FURTHER ENACTED, That the Executive Director of the 17
Governor’s Office of Crime Prevention, Youth, and Victim Services who is serving on the 18
effective date of this Act may continue to serve until 2 years after the effective date of this 19
Act and may be reappointed after the expiration of the Executive Director’s term. 20
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22