Req. No. 1844 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) COMMITTEE SUBSTITUTE FOR SENATE BILL 844 By: Thompson (Roger) COMMITTEE SUBSTITUTE An Act relating to mental health; amending 57 O.S. 2021, Section 631, which relates to the County Community Safety Investment Fund; designating fund for the Department of Mental Health and Substance Abuse Services; transferring certain duties to the Department; modifying applicability of section; clarifying language; amending 57 O.S. 2021, Secti on 632, which relates to savings and averted costs from implementation of the Oklahoma Smart Justice Reform Act; transferring certain duties to the Legislative Office of Fiscal Transparency ; clarifying time peri od and applicability of certain calculation; amending 57 O.S. 2021, Section 633, which relates to appropriations to the Co unty Community Safety Investment Fund; transferring certain duties to the Legislative Office of Fiscal Transparency ; clarifying and modifying applicability of certain provisions ; requiring the Department to issue certain request for proposals subject to availability of funds; listing programs eligible for funding; stipulating criteria for proposals; requiring submission of necessary documents; giving the Department certain discretion over awards based on specified criteria; requiring submission of certain annual rep ort; directing promulgation of rules; renumbering 57 O.S. 2021, Sections 631, 632, and 633, as amended by Section s 1, 2, and 3 of this act, which relate to the County Community Safety Investment Fund; providing for codification; providing an effective date ; and declaring an emergency . Req. No. 1844 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 57 O.S. 2021, Section 631, is amended to read as follows: Section 631. A. There is hereby created in the State Treasury a revolving fund for the Department of Mental Health and Sub stance Abuse Services to be designated the “County Community Safety Investment Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all mon ies received pursuant to Section 633 of Title 57 of the Ok lahoma Statutes appropriated to the fund under Section 633 of this title. B. All monies appropriated and accruing to the credit of the fund shall be budgeted and expended by the Office of Management and Enterprise Services Department of Mental Health and Substance Abuse Services for the sole purpose of providi ng funds to counties to provide community rehabilitative programming, including but not limited to mental heal th and substance abuse services. Funds shall be disbursed in proportion to county population, as reported in the most recent census for development and implementation of the programs listed in Section 4 of this act. C. Expenditures from the fund shall be made upo n warrants issued by the State Treasurer against claims filed as prescribe d by law with the Director of the Office of Management and Enterprise Services for approval and payment. Req. No. 1844 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. The Director of the Office of M anagement and Enterprise Services shall promulgate rules necessary to implement the provisions of this act . SECTION 2. AMENDATORY 57 O.S. 2021, Section 632, is amended to read as follows: Section 632. No later than July 31 of the year following the effective date of this act, and no later than July 31 every year thereafter each year, the Office of Management and Ent erprise Services Legislative Office of Fiscal Transpa rency shall calculate the annual savings and averted costs from the prior fiscal year that accrued to the state from the due to the reduction of the number and length of incarcerations attributed to the implementation of the Oklahoma Smart Justice Reform Act. In making the calculation required by this section, the Office of Management and Enterprise Services Legislative Office of Fiscal Transparency shall use actual data or best available estimates wh ere actual data is not available. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data. SECTION 3. AMENDATORY 57 O.S. 2021, Section 633, is amended to read as follows: Section 633. An amount equal to the savings calculated by the Office of Management and Enterprise Services Legislative Office of Fiscal Transparency pursuant to Section 632 of Title 57 Section 632 of this title shall, subject to appropriation by the Legisl ature, be Req. No. 1844 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 paid to the County Community Safety Investment Fund created in Section 631 of this title. This section is intended to comply with, and i s subject to, Article V, Section 55, Article VI, Sec tion 12, Article X, Section 23, and the other applicable provisions of the Oklahoma Constitution. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-312.4 of Title 43A, unless there is created a duplication in numb ering, reads as follows: A. Subject to availability of funds under Section 631 of Title 57 of the Oklahoma Statutes, the Department of Mental Health and Substance Abuse Services shall annually issue a request for proposals by which county governments or multi-county partnerships may apply for funds for the development and implementation of evidence-based: 1. Mental health and substance abuse treatment programs or other health care programs; 2. Pretrial diversion programs; 3. Employment programs; 4. Education programs; or 5. Housing programs. B. The request for proposals shall include, but not be limited to, the proposed services , number of individuals to be served by the proposed services or programs, and the manner in wh ich the services Req. No. 1844 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or programs will partner with or be supported by local Department- contracted or -certified entities. C. For a proposal to be considered, the applying county government or multi-county partnership must submit all necessary documents to meet the requirements outlined in the request for proposals. D. The number of awards and funding amounts of each award shall be at the discretion of the Department and shall be based on total available funds, total county population, and the criteria in subsection B of this section. E. The Department shall submit an annual report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that includes the amount awarded to each county government or multi-county partnership and a summary of services provided by each county government or multi-county partnership. F. The Board of Mental Health and Substance Abuse Services shall promulgate rules to implement the provisions of this act including, but not limited to, rules that set qualifications for programs eligible to receive funds under this section. SECTION 5. RECODIFICATION 57 O.S. 2021, Section 631, as amended by Section 1 of this act, shall be recodified as Section 2- 312.1 of Title 43A of the Oklahoma Statu tes, unless there is created a duplication in numbering. Req. No. 1844 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 6. RECODIFICATION 57 O.S. 2021, Section 632, as amended by Section 2 of this act, shall be recodified as Section 2- 312.2 of Title 43A of the Oklahoma Statutes, unless there is created a duplication in numbering. SECTION 7. RECODIFICATION 57 O.S. 2021, Section 633, as amended by Section 3 of this act, shall be recodified as Section 2- 312.3 of Title 43A of the Oklahoma Statutes, unless there is cre ated a duplication in numbering. SECTION 8. This act shall become effective July 1, 2023. SECTION 9. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 59-1-1844 DC 2/9/2023 11:35:33 AM