02-19 10:51 3rd Sub. (Cherry) H.B. 63
Jennifer Dailey-Provost proposes the following substitute bill:
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Criminal Justice and Mental Health Coordination Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses situations where an individual experiencing a mental health crisis may
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interact with the criminal justice system.
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Highlighted Provisions:
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This bill:
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▸ requires local mental health authorities to provide consultation and education services
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concerning certain options for individuals experiencing mental health crises;
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▸ requires the Behavioral Health Crisis Response Committee to prepare a proposal for a
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pilot program designed to improve outcomes for individuals experiencing a mental
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health crisis; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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17-43-301, as last amended by Laws of Utah 2024, Chapters 240, 299
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63C-18-203, as last amended by Laws of Utah 2024, Chapters 245, 250
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 17-43-301 is amended to read:
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17-43-301 . Local mental health authorities -- Responsibilities.
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(1) As used in this section:
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(a) "Assisted outpatient treatment" means the same as that term is defined in Section
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26B-5-301.
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(b) "Crisis worker" means the same as that term is defined in Section 26B-5-610.
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(c) "Local mental health crisis line" means the same as that term is defined in Section
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26B-5-610.
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(d) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
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(e) "Public funds" means the same as that term is defined in Section 17-43-303.
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(f) "Statewide mental health crisis line" means the same as that term is defined in
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Section 26B-5-610.
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(2)(a)(i) In each county operating under a county executive-council form of
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government under Section 17-52a-203, the county legislative body is the local
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mental health authority, provided however that any contract for plan services shall
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be administered by the county executive.
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(ii) In each county operating under a council-manager form of government under
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Section 17-52a-204, the county manager is the local mental health authority.
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(iii) In each county other than a county described in Subsection (2)(a)(i) or (ii), the
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county legislative body is the local mental health authority.
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(b) Within legislative appropriations and county matching funds required by this section,
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under the direction of the division, each local mental health authority shall:
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(i) provide mental health services to individuals within the county; and
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(ii) cooperate with efforts of the division to promote integrated programs that address
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an individual's substance use, mental health, and physical healthcare needs, as
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described in Section 26B-5-102.
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(c) Within legislative appropriations and county matching funds required by this section,
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each local mental health authority shall cooperate with the efforts of the department
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to promote a system of care, as defined in Section 26B-5-101, for minors with or at
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risk for complex emotional and behavioral needs, as described in Section 26B-1-202.
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(3)(a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
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Cooperation Act, two or more counties may join to:
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(i) provide mental health prevention and treatment services; or
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(ii) create a united local health department that combines substance use treatment
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services, mental health services, and local health department services in
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accordance with Subsection (4).
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(b) The legislative bodies of counties joining to provide services may establish
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acceptable ways of apportioning the cost of mental health services.
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(c) Each agreement for joint mental health services shall:
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(i)(A) designate the treasurer of one of the participating counties or another person
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as the treasurer for the combined mental health authorities and as the custodian
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of money available for the joint services; and
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(B) provide that the designated treasurer, or other disbursing officer authorized by
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the treasurer, may make payments from the money available for the joint
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services upon audit of the appropriate auditing officer or officers representing
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the participating counties;
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(ii) provide for the appointment of an independent auditor or a county auditor of one
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of the participating counties as the designated auditing officer for the combined
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mental health authorities;
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(iii)(A) provide for the appointment of the county or district attorney of one of the
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participating counties as the designated legal officer for the combined mental
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health authorities; and
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(B) authorize the designated legal officer to request and receive the assistance of
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the county or district attorneys of the other participating counties in defending
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or prosecuting actions within their counties relating to the combined mental
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health authorities; and
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(iv) provide for the adoption of management, clinical, financial, procurement,
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personnel, and administrative policies as already established by one of the
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participating counties or as approved by the legislative body of each participating
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county or interlocal board.
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(d) An agreement for joint mental health services may provide for:
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(i) joint operation of services and facilities or for operation of services and facilities
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under contract by one participating local mental health authority for other
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participating local mental health authorities; and
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(ii) allocation of appointments of members of the mental health advisory council
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between or among participating counties.
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(4) A county governing body may elect to combine the local mental health authority with
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the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
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and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
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Department Act, to create a united local health department under Section 26A-1-105.5.
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A local mental health authority that joins with a united local health department shall
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comply with this part.
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(5)(a) Each local mental health authority is accountable to the department and the state
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with regard to the use of state and federal funds received from those departments for
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mental health services, regardless of whether the services are provided by a private
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contract provider.
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(b) Each local mental health authority shall comply, and require compliance by its
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contract provider, with all directives issued by the department regarding the use and
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expenditure of state and federal funds received from those departments for the
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purpose of providing mental health programs and services. The department shall
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ensure that those directives are not duplicative or conflicting, and shall consult and
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coordinate with local mental health authorities with regard to programs and services.
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(6)(a) Each local mental health authority shall:
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(i) review and evaluate mental health needs and services, including mental health
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needs and services for:
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(A) an individual incarcerated in a county jail or other county correctional facility;
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and
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(B) an individual who is a resident of the county and who is court ordered to
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receive assisted outpatient treatment under Section 26B-5-351;
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(ii) in accordance with Subsection (6)(b), annually prepare and submit to the division
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a plan approved by the county legislative body for mental health funding and
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service delivery, either directly by the local mental health authority or by contract;
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(iii) establish and maintain, either directly or by contract, programs licensed under
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Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities;
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(iv) appoint, directly or by contract, a full-time or part-time director for mental health
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programs and prescribe the director's duties;
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(v) provide input and comment on new and revised rules established by the division;
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(vi) establish and require contract providers to establish administrative, clinical,
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personnel, financial, procurement, and management policies regarding mental
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health services and facilities, in accordance with the rules of the division, and state
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and federal law;
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(vii) establish mechanisms allowing for direct citizen input;
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(viii) annually contract with the division to provide mental health programs and
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services in accordance with the provisions of Title 26B, Chapter 5, Health Care -
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Substance Use and Mental Health;
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(ix) comply with all applicable state and federal statutes, policies, audit requirements,
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contract requirements, and any directives resulting from those audits and contract
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requirements;
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(x) provide funding equal to at least 20% of the state funds that it receives to fund
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services described in the plan;
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(xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
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Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special
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Districts, and Title 51, Chapter 2a, Accounting Reports from Political
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Subdivisions, Interlocal Organizations, and Other Local Entities Act; and
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(xii) take and retain physical custody of minors committed to the physical custody of
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local mental health authorities by a judicial proceeding under Title 26B, Chapter
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5, Part 4, Commitment of Persons Under Age 18.
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(b) Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and
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children, which shall include:
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(i) inpatient care and services;
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(ii) residential care and services;
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(iii) outpatient care and services;
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(iv) 24-hour crisis care and services;
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(v) psychotropic medication management;
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(vi) psychosocial rehabilitation, including vocational training and skills development;
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(vii) case management;
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(viii) community supports, including in-home services, housing, family support
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services, and respite services;
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(ix) consultation and education services, including:
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(A) case consultation[,] ;
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(B) collaboration with other county service agencies[,] ;
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(C) public education[, and] ;
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(D) public information; and
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(E) information concerning the process for seeking the appointment of an
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emergency guardian under Section 75-5-310, an emergency conservator under
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Section 75-5-408, and alternative options for individuals experiencing mental
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health crises; and
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(x) services to persons incarcerated in a county jail or other county correctional
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facility.
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(7)(a) If a local mental health authority provides for a local mental health crisis line
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under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv),
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the local mental health authority shall:
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(i) collaborate with the statewide mental health crisis line described in Section
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26B-5-610;
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(ii) ensure that each individual who answers calls to the local mental health crisis line:
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(A) is a mental health therapist or a crisis worker; and
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(B) meets the standards of care and practice established by the Division of
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Integrated Healthcare, in accordance with Section 26B-5-610; and
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(iii) ensure that when necessary, based on the local mental health crisis line's
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capacity, calls are immediately routed to the statewide mental health crisis line to
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ensure that when an individual calls the local mental health crisis line, regardless
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of the time, date, or number of individuals trying to simultaneously access the
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local mental health crisis line, a mental health therapist or a crisis worker answers
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the call without the caller first:
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(A) waiting on hold; or
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(B) being screened by an individual other than a mental health therapist or crisis
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worker.
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(b) If a local mental health authority does not provide for a local mental health crisis line
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under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv),
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the local mental health authority shall use the statewide mental health crisis line as a
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local crisis line resource.
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(8) Before disbursing any public funds, each local mental health authority shall require that
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each entity that receives any public funds from a local mental health authority agrees in
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writing that:
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(a) the entity's financial records and other records relevant to the entity's performance of
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the services provided to the mental health authority shall be subject to examination
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by:
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(i) the division;
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(ii) the local mental health authority director;
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(iii)(A) the county treasurer and county or district attorney; or
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(B) if two or more counties jointly provide mental health services under an
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agreement under Subsection (3), the designated treasurer and the designated
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legal officer;
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(iv) the county legislative body; and
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(v) in a county with a county executive that is separate from the county legislative
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body, the county executive;
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(b) the county auditor may examine and audit the entity's financial and other records
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relevant to the entity's performance of the services provided to the local mental health
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authority; and
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(c) the entity will comply with the provisions of Subsection (5)(b).
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(9) A local mental health authority may receive property, grants, gifts, supplies, materials,
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contributions, and any benefit derived therefrom, for mental health services. If those
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gifts are conditioned upon their use for a specified service or program, they shall be so
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used.
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(10) Public funds received for the provision of services pursuant to the local mental health
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plan may not be used for any other purpose except those authorized in the contract
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between the local mental health authority and the provider for the provision of plan
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services.
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(11) A local mental health authority shall provide assisted outpatient treatment services to a
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resident of the county who has been ordered under Section 26B-5-351 to receive assisted
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outpatient treatment.
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Section 2. Section 63C-18-203 is amended to read:
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63C-18-203 . Committee duties -- Reporting requirements.
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(1) Under the direction of the Utah Behavioral Health Commission created in Section
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26B-5-702, the committee shall:
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(a) identify a method to integrate existing local mental health crisis lines to ensure each
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individual who accesses a local mental health crisis line is connected to a qualified
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mental or behavioral health professional, regardless of the time, date, or number of
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individuals trying to simultaneously access the local mental health crisis line;
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(b) study how to establish and implement a statewide mental health crisis line and a
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statewide warm line, including identifying:
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(i) a statewide phone number or other means for an individual to easily access the
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statewide mental health crisis line, including a short code for text messaging and a
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three-digit number for calls;
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(ii) a statewide phone number or other means for an individual to easily access the
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statewide warm line, including a short code for text messaging and a three-digit
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number for calls;
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(iii) a supply of:
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(A) qualified mental or behavioral health professionals to staff the statewide
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mental health crisis line; and
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(B) qualified mental or behavioral health professionals or certified peer support
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specialists to staff the statewide warm line; and
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(iv) a funding mechanism to operate and maintain the statewide mental health crisis
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line and the statewide warm line;
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(c) coordinate with local mental health authorities in fulfilling the committee's duties
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described in Subsections (1)(a) and (b);
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(d) recommend standards for the certifications described in Section 26B-5-610;[ and]
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(e) coordinate services provided by local mental health crisis lines and mobile crisis
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outreach teams, as defined in Section 62A-15-1401[.] ; and
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(f)(i) prepare a proposal for a mental health crisis intervention pilot program aimed at
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improving outcomes for individuals experiencing a mental health crisis, as that
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term is defined in Section 26B-5-101, with an emphasis on improving outcomes
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for interactions between those individuals and the criminal justice system; and
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(ii) submit the proposal to the Health and Human Services Interim Committee on or
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before September 30, 2025.
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(2) The committee shall study and make recommendations regarding:
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(a) crisis line practices and needs, including:
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(i) quality and timeliness of service;
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(ii) service volume projections;
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(iii) a statewide assessment of crisis line staffing needs, including required
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certifications; and
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(iv) a statewide assessment of technology needs;
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(b) primary duties performed by crisis line workers;
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(c) coordination or redistribution of secondary duties performed by crisis line workers,
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including responding to non-emergency calls;
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(d) operating the statewide 988 hotline:
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(i) in accordance with federal law;
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(ii) to ensure the efficient and effective routing of calls to an appropriate crisis center;
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and
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(iii) to directly respond to calls with trained personnel and the provision of acute
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mental health, crisis outreach, and stabilization services;
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(e) opportunities to increase operational and technological efficiencies and effectiveness
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between 988 and 911, utilizing current technology;
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(f) needs for interoperability partnerships and policies related to 911 call transfers and
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public safety responses;
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(g) standards for statewide mobile crisis outreach teams, including:
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(i) current models and projected needs;
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(ii) quality and timeliness of service;
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(iii) hospital and jail diversions; and
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(iv) staffing and certification;
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(h) resource centers, including:
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(i) current models and projected needs; and
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(ii) quality and timeliness of service;
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(i) policy considerations related to whether the state should:
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(i) manage, operate, and pay for a complete behavioral health system; or
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(ii) create partnerships with private industry; and
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(j) sustainable funding source alternatives, including:
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(i) charging a 988 fee, including a recommendation on the fee amount;
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(ii) General Fund appropriations;
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(iii) other government funding options;
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(iv) private funding sources;
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(v) grants;
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(vi) insurance partnerships, including coverage for support and treatment after initial
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call and triage; and
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(vii) other funding resources.
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(3) The committee may conduct other business related to the committee's duties described
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in this section.
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(4) The committee shall consult with the Office of Substance Use and Mental Health
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regarding:
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(a) the standards and operation of the statewide mental health crisis line and the
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statewide warm line, in accordance with Section 26B-5-610; and
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(b) the incorporation of the statewide mental health crisis line and the statewide warm
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line into behavioral health systems throughout the state.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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