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ENGROSSED SENATE
BILL NO. 844 By: Thompson (Roger),
Pemberton, Rader, and
Pederson of the Senate
and
Miller and Waldron of the
House
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 applicab ility 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 period
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 Transpare ncy; 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; renumbering 57
O.S. 2021, Sections 631, 632, and 633, as amended by
Sections 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 .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 health 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 upon 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.
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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 y ear 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
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paid to the County Community Safety Investment Fund created in
Section 631 of this title.
This section is intended to comply with, and is 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
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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 c ounty
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 ac t
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.
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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.
Passed the Senate the 6th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives