LAWRENCE J. HOGAN, JR., Governor Ch. 350 – 1 – Chapter 350 (House Bill 1018) AN ACT concerning Public Safety and Behavioral Health Improvement Act Governor’s Office of Crime Prevention, Youth, and Victim Services – Required Performance Data and Scorecard FOR the purpose of requiring the Governor’s Office of Crime Prevention, Youth, and Victim Services to take certain actions related to the inclusion of performance data and information in reports and the creation of a scorecard of quantifiable safety indicators; requiring the Governor to include in the annual budget bill an appropriation for the Maryland Behavioral Health and Public Safety Center of Excellence within the Office for the purposes of carrying out the Center’s mission; requiring the Maryland Department of Health to adopt regulations establishing criteria for certifying peer support specialists as nonclinical health care providers; requiring the Governor to include in the annual budget bill an appropriation for the Maryland Behavioral Health and Public Safety Center of Excellence within the Office for the purposes of carrying out the Center’s mission; establishing a behavioral health screening grant program within the Department; requiring the Maryland 9–1–1 Board to establish training requirements for public safety answering point personnel; requiring the Governor to appoint the Executive Director of the Office with the advice and consent of the Senate; and generally relating to public safety and behavioral health in the State the Governor’s Office of Crime Prevention, Youth, and Victim Services. BY repealing and reenacting, with amendments, Article – Health – General Section 13–4202 Annotated Code of Maryland (2019 Replacement Volume and 2021 Supplement) BY adding to Article – Health – General Section 7.5–901 to be under the new subtitle “Subtitle 9. Peer Support Services”; and 13–4207 Annotated Code of Maryland (2019 Replacement Volume and 2021 Supplement) BY repealing and reenacting, with amendments, Article – Health – General Section 13–4202 Annotated Code of Maryland (2019 Replacement Volume and 2021 Supplement) Ch. 350 2022 LAWS OF MARYLAND – 2 – BY adding to Article – Health – General Section 13–4207 Annotated Code of Maryland (2019 Replacement Volume and 2021 Supplement) BY repealing and reenacting, without amendments, Article – Public Safety Section 1–301(a) and (b) and 1–306(a) and (e) Annotated Code of Maryland (2018 Replacement Volume and 2021 Supplement) BY repealing and reenacting, with amendments, Article – Public Safety Section 1–306(b)(15) Annotated Code of Maryland (2018 Replacement Volume and 2021 Supplement) BY adding to Article – Public Safety Section 1–306(h) Annotated Code of Maryland (2018 Replacement Volume and 2021 Supplement) BY adding to Article – State Government Section 9–3501 through 9–3503 and 9–3502 to be under the new subtitle “Subtitle 35. Governor’s Office of Crime Prevention, Youth, and Victim Services” Annotated Code of Maryland (2021 Replacement Volume) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Health – General 13–4202. (a) There is a Maryland Behavioral Health and Public Safety Center of Excellence in the Governor’s Office of Crime Prevention, Youth, and Victim Services. (b) The purposes of the Center are to: (1) Act as the statewide information repository for behavioral health treatment and diversion programs related to the criminal justice system; LAWRENCE J. HOGAN, JR., Governor Ch. 350 – 3 – (2) 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; (3) 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; (4) Facilitate local or regional planning workshops using the Sequential Intercept Model; (5) Coordinate with the Department 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 (6) Identify and inform any relevant stakeholders of any federal funding available to the Center to carry 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. (c) In carrying out its duties, the Center shall 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. (d) (1) The Governor’s Office of Crime Prevention, Youth, and Victim Services shall appoint the following individuals to jointly oversee the Center: (i) A crisis intervention law enforcement coordinator; (ii) A mental health coordinator; and (iii) Any other individuals determined necessary by the Office. (2) The individuals appointed under paragraph (1) of this subsection may be associated with the Crisis Intervention Team Center of Excellence within the Governor’s Office of Crime Prevention, Youth, and Victim Services. (e) The Center may 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. Ch. 350 2022 LAWS OF MARYLAND – 4 – (f) The Center may coordinate with the Justice Reinvestment Oversight Board and other State entities working to reduce State and local detention facility populations and recidivism. (g) (1) The Center may enter into contracts with the University of Maryland System, Maryland HBCUs, or other entities or organizations for the purposes of carrying out its mission. (2) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF $500,000 FOR THE CENTER TO ENTER INTO CONTRACTS FO R THE PURPOSES OF CARRYING OUT ITS MIS SION, INCLUDING: (I) FACILITATING THE GATH ERING OF INFORMATION FROM ALL COUNTIES IN THE STATE; (II) SUPPORTING LOCAL OR R EGIONAL PLANNING WOR KSHOPS; AND (III) SUPPORTING THE PURPOS ES OF THE CENTER ESTABLISH ED UNDER SUBSECTION (B) OF THIS SECTION. (h) The operation of the Center is subject to the limitations of the State budget. Article – Health – General SUBTITLE 9. PEER SUPPORT SERVICES. 7.5–901. (A) IN THIS SUBTITLE, “PEER SUPPORT SPECIAL IST” MEANS AN INDIVIDUAL WHO PROVIDES PEER SU PPORT SERVICES , AS DEFINED UNDER § 7.5–101 OF THIS TITLE. (B) ON OR BEFORE JANUARY 1, 2023, THE DEPARTMENT SHALL ADOP T REGULATIONS THAT EST ABLISH CRITERIA FOR CERTIFYING PEER SUPP ORT SPECIALISTS AS NONCL INICAL HEALTH CA RE PROVIDERS . (C) THE CRITERIA FOR CERT IFYING A PEER SUPPOR T SPECIALIST UNDER THIS SECTION SHALL R EQUIRE AN INDIVIDUAL TO: (1) HAVE BEEN IN RECOVERY FOR A MENTAL OR BEHA VIORAL HEALTH DISORDER FOR AT LEAST 2 YEARS; OR LAWRENCE J. HOGAN, JR., Governor Ch. 350 – 5 – (2) HAVE AT LEAST 2 YEARS OF EXPERIENCE AS A FAMI LY MEMBER OF OR CAREGIVER FOR AN INDIVIDUAL WITH A MENTAL OR BEHAVIORAL HEALTH DISORDER. 13–4202. (a) There is a Maryland Behavioral Health and Public Safety Center of Excellence in the Governor’s Office of Crime Prevention, Youth, and Victim Services. (b) The purposes of the Center are to: (1) Act as the statewide information repository for behavioral health treatment and diversion programs related to the criminal justice system; (2) 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; (3) 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; (4) Facilitate local or regional planning workshops using the Sequential Intercept Model; (5) Coordinate with the Department 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 (6) Identify and inform any relevant stakeholders of any federal funding available to the Center to carry 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. (c) In carrying out its duties, the Center shall 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. (d) (1) The Governor’s Office of Crime Prevention, Youth, and Victim Services shall appoint the following individuals to jointly oversee the Center: (i) A crisis intervention law enforcement coordinator; Ch. 350 2022 LAWS OF MARYLAND – 6 – (ii) A mental health coordinator; and (iii) Any other individuals determined necessary by the Office. (2) The individuals appointed under paragraph (1) of this subsection may be associated with the Crisis Intervention Team Center of Excellence within the Governor’s Office of Crime Prevention, Youth, and Victim Services. (e) The Center may 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. (f) The Center may coordinate with the Justice Reinvestment Oversight Board and other State entities working to reduce State and local detention facility populations and recidivism. (g) (1) The Center may enter into contracts with the University of Maryland System, Maryland HBCUs, or other entities or organizations for the purposes of carrying out its mission. (2) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF $500,000 FOR THE CENTER TO ENTER INTO CONTRACTS FOR THE PU RPOSES OF CARRYING OUT ITS MISS ION, INCLUDING: (I) FACILITATING THE GATH ERING OF INFORMATION FROM ALL COUNTIES IN THE STATE; AND (II) SUPPORTING LOCAL OR R EGIONAL PLANNING WOR KSHOPS. (h) The operation of the Center is subject to the limitations of the State budget. 13–4207. (A) IN THIS SECTION , “PROGRAM” MEANS THE BEHAVIORAL HEALTH SCREENING GRANT PROGRAM. (B) (1) THERE IS A BEHAVIORAL HEALTH SCREENING GRANT PROGRAM IN THE DEPARTMENT . (2) THE PURPOSE OF THE PROGRAM IS TO PROVIDE FUNDS TO LOCAL JURISDICTIONS TO ESTABLISH AND EXPAND BEHAVIORA L HEALTH SCREENING PILOT PROGRAMS . LAWRENCE J. HOGAN, JR., Governor Ch. 350 – 7 – (C) THE DEPARTMENT , IN COORDINATION WITH THE MARYLAND BEHAVIORAL HEALTH AND PUBLIC SAFETY CENTER OF EXCELLENCE, SHALL ADMINISTER THE PROGRAM. (D) THE DEPARTMENT SHALL PURS UE ADDITIONAL FUNDS TO PROVIDE GRANTS UNDER THE PROGRAM FROM THE FEDE RAL SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION . (E) (1) THE PROGRAM SHALL AWARD C OMPETITIVE GRANTS TO ENTITIES TO ESTABLIS H AND EXPAND BEHAVIO RAL HEALTH SCREENING PILOT PROGRAMS AND SERVICES TH AT: (I) PROVIDE HEALTH SERVIC ES THAT QUICKLY ASSE SS THE SEVERITY OF SUBSTANC E USE DISORDERS ; (II) IDENTIFY APPROPRIATE LEVELS OF TREATMENT ; (III) INCREASE INSIGHT AND AWARENESS REGARDING SUBSTANCE USE AND MO TIVATION TOWARD BEHA VIORAL CHANGE ; AND (IV) DIRECT THOSE IDENTIFI ED AS NEEDING MORE E XTENSIVE TREATMENT TOWARD SPE CIALTY CARE. (2) FOR EACH SERVICE OR P ROGRAM THAT RECEIVES FUNDING UNDER THE PROGRAM, THE ENTITY SHALL REP ORT TO THE DEPARTMENT AND MAKE AVAILABLE TO TH E PUBLIC: (I) ALL OUTCOME MEASUREME NT DATA REQUIRED BY THE DEPARTMENT ; AND (II) ALL PUBLIC FEEDBACK R ECEIVED FROM THE COM MUNITY THROUGH A COMBINATIO N OF SURVEYS , PUBLIC COMMENTS , TOWN HALL MEETINGS, AND OTHER METHODS. (3) THE DEPARTMENT SHALL ESTA BLISH: (I) APPLICATION PROCEDURE S; (II) A STATEWIDE IN CONSULTATION WITH THE BEHAVIORAL HEALTH ADMINISTRATION , AN INTERNAL SYSTEM OF OUTCOME ME ASUREMENT TO : 1. ASSESS THE EFFECTIVEN ESS AND ADEQUACY OF BEHAVIORAL HEALTH CR ISIS RESPONSE SERVIC ES AND PROGRAMS ; AND Ch. 350 2022 LAWS OF MARYLAND – 8 – 2. PRODUCE DATA THAT IS : A. COLLECTED, ANALYZED, AND PUBLICLY REPORTE D BACK AT LEAST ANNUAL LY; AND B. DISAGGREGATED BY RACE , GENDER, AGE, AND ZIP CODE; AND (III) ANY OTHER PROCEDURES , GUIDELINES, OR CRITERIA NECESSARY TO CARRY O UT THIS SECTION. (F) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2023, THE DEPARTMENT SHALL SUBM IT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY A REPORT THAT INCLUDES : (1) THE NUMBER OF GRANTS DISTRIBUTED; (2) FUNDS DISTRIBUTED BY COUNTY; (3) INFORMATION ABOUT GRA NT RECIPIENTS AND PR OGRAMS AND SERVICES PROVIDED ; AND (4) ANY AVAILABLE OUTCOME DATA. (G) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 FOR THE PROGRAM. Article – Public Safety 1–301. (a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Maryland 9–1–1 Board. 1–306. (a) The Board shall coordinate the enhancement of county 9–1–1 systems. (b) The Board’s responsibilities include: (15) establishing training standards for public safety answering point personnel based on national best practices, including: LAWRENCE J. HOGAN, JR., Governor Ch. 350 – 9 – (I) training concerning Next Generation 9–1–1 topics and individual psychological well–being and resilience; AND (II) TRAINING ON: 1. BEHAVIORAL HEALTH CRISIS RESPONSE SERV ICES AND CONDITIONS; 2. CRISIS INTERVENTION ; AND 3. THE DIVERSION OF INDIVID UALS WITH BEHAVIORAL HEALTH CONDITIONS AW AY FROM LAW ENFORCEM ENT RESPONSE TO MORE APPROPRIATE RESOURCE S; AND 4. PROCEDURES TO TRIAGE AND MAKE APPROPRIATE DISPATCH DECISIONS F OR INDIVIDUALS SUFFE RING AN ACUTE BEHAVI ORAL HEALTH CRISI S; (e) (1) The standards established by the Board under subsection (b)(15) of this section shall include onboarding standards for newly hired 9–1–1 specialists and minimum continuing education standards for 9–1–1 specialists. (2) (i) At least once each year, the Board shall provide for an audit of each public safety answering point in order to ensure that 9–1–1 specialists and other personnel employed by the public safety answering point have satisfied the training requirements established in accordance with subsection (b)(15) of this section. (ii) The audit described under subparagraph (i) of this paragraph may be conducted concurrently with an inspection of the public safety answering point in accordance with subsection (b)(10) of this section. (H) (1) THE BOARD SHALL ESTABLISH A PROCESS BY WHICH A PUBLIC SAFETY ANSWERING POI NT MAY APPLY FOR A G RANT TO EXPAND PUBLI C SAFETY ANSWERING POINT PERS ONNEL TRAINING DESCRIBED I N SUBSECTION (B)(15)(II) OF THIS SECTION. (2) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 FOR THE BOARD TO PROVIDE GRANTS TO LO CAL JURISDICTIONS TO EXPAND TRAINING DESC RIBED IN SUBSECTION (B)(15)(II) OF THIS SECTION. Article – State Government Ch. 350 2022 LAWS OF MARYLAND – 10 – SUBTITLE 35. GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES. 9–3501. IN THIS SUBTITLE , “OFFICE” MEANS THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES. 9–3502. (A) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE GOVERNOR SHALL APPOINT THE EXECUTIVE DIRECTOR OF THE OFFICE WITH THE ADVIC E AND CONSENT OF THE SENATE. (B) THE EXECUTIVE DIRECTOR OF THE OFFICE SHALL SERVE AT THE PLEASURE OF THE GOVERNOR. 9–3503. (A) THE OFFICE SHALL ENSURE T HAT ALL REPORTS ISSU ED BY THE OFFICE RELATED TO GRANT PROGR AMS INCLUDE: (1) A SUMMARY OF ALL COL LECTED PERFORMANCE M EASURE DATA ; AND (2) INFORMATION NECESSAR Y TO PROVIDE TRANSPA RENCY IN THE RESULTS OF COMPETITI VE GRANT AWARDS . (B) (1) THE OFFICE SHALL CREATE , FOR INCLUSION IN ITS ANNUAL REPORT, A SCORECARD OF QUANT IFIABLE SAFETY INDIC ATORS. (2) THE OFFICE SHALL DETERMIN E APPROPRIATE INDICA TORS FOR THE SCORECARD IN COO RDINATION WITH : (I) THE DEPARTMENT OF STATE POLICE; (II) THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES; (III) THE OFFICE OF THE ATTORNEY GENERAL; (IV) THE MARYLAND DEPARTMENT OF LABOR; (V) THE STATE DEPARTMENT OF EDUCATION; LAWRENCE J. HOGAN, JR., Governor Ch. 350 – 11 – (VI) THE MARYLAND DEPARTMENT OF HEALTH; AND (VII) THE DEPARTMENT OF HUMAN SERVICES. (3) IN ADDITION TO THE IN DICATORS DETERMINED UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE SCORECARD SHALL INCLUDE: (I) CRIME STATISTICS FOR VIOLENT CRIME AND PR OPERTY CRIME AS REPORTED IN THE UNIFORM CRIME REPORTS OR TH E NATIONAL INCIDENT–BASED REPORTING SYSTEM, INCLUDING: 1. MURDER; 2. RAPE; 3. ROBBERY; 4. AGGRAVATED ASSAULT ; 5. BREAKING OR ENTERING ; 6. LARCENY OR THEFT ; AND 7. MOTOR VEHICLE THEFT ; (II) CRIME CLEARANCE RATE S FOR THE CRIMES INCLUDED UNDER ITEM (I) OF THIS PARAGRAPH ; (III) THE PORTION OF COMMI TTED CRIMES NOT REPO RTED TO LAW ENFORCEMENT AS E STIMATED BASED ON TH E NATIONAL CRIME VICTIMIZATION SURVEY OR OTHER SOURC ES; (IV) INDICATORS OF SAFETY AND FAIRNESS IN T HE CRIMINAL JUSTICE SYSTEM IN TH E STATE, INCLUDING: 1. THE NUMBER OF SERIOU S ASSAULTS ON STAFF AND INMATES COMMITTED IN STATE CORRECTIONAL FA CILITIES; 2. POLICE USE OF FORCE STATISTICS; 3. THE NUMBER OF LAW EN FORCEMENT PERSONNEL KILLED IN THE LINE OF DUTY ; Ch. 350 2022 LAWS OF MARYLAND – 12 – 4. DISPARITY IN TRAFFIC STOPS, ARRESTS, CONVICTIONS, AND SENTENCING BY RA CE AND ETHNICITY ; AND 5. AVAILABLE SURVEYS OF PUBLIC TRUST IN POLI CING AND THE CRIMINAL JUS TICE SYSTEM IN THE STATE; AND 6. RATES OF JUDICIAL CO MPLIANCE WITH STATE SENTENCING POLICIES BY RACE AND TYPE OF CASE; AND (V) INDICATORS OF THE UN DERLYING FACTORS AND CONDITIONS AFFECTING PROGRESS TOWARD A SA FER STATE, INCLUDING: 1. UNEMPLOYMENT RATES B Y AGE, GENDER, RACE, ETHNICITY, AND REGION; 2. SCHOOL DROPOUT RATES ; 3. POPULATION DENSITY A ND DEGREE OF URBANIZATION ; 4. PERCENTAGE OF RESIDE NTS BELOW THE FEDERA L POVERTY THRESHOLD ; 5. MEDIAN HOUSEHOLD INC OME; AND 6. ACCESS TO MENTAL HEA LTH, BEHAVIORAL HEALTH , AND ADDICTION TREATM ENT. SECTION 2. AND BE IT FURTHER ENACTED, That the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services who is serving on the effective date of this Act may continue to serve until 2 years after the effective date of this Act and may be reappointed after the expiration of the Executive Director’s term. SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2022. Approved by the Governor, May 16, 2022.