Behavioral Health Amendments

123
17-72-408
26B-1-325
26B-1-425
26B-1-427
26B-1-428
26B-5-122
26B-5-306
26B-5-326
26B-5-372
26B-5-384
26B-5-611
26B-5-703
26B-5-704
26B-5-705
26B-5-801
26B-5-802
26B-5-803
26B-8-233
32B-2-306
32B-2-402
32B-2-404
32B-2-405
32B-7-305
63C-18-202
63C-18-203
63I-1-226
63I-1-232
63I-1-263
64-13-45
77-18-106
2
Behavioral Health Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses provisions related to behavioral health.
Highlighted Provisions:
This bill:
changes the entity that administers and reports on the Governor's Suicide Prevention Fund
from the governor to the Office of Substance Use and Mental Health (office);
creates a community-based peer support specialist grant program;
amends provisions related to individuals eligible for admission to the Utah State Hospital;
requires the Department of Health and Human Services (department) to maintain a
database of involuntary commitments;
provides that the office appoints the statewide suicide prevention coordinator;
amends the duties of the Behavioral Health Commission (commission), including to add
certain duties that were previously assigned to the Utah Substance Use and Mental
Health Advisory Committee;
changes the name of the Utah
Substance Use and Mental Health Advisory Committee to
the Utah Behavioral Health Policy Review Committee and amends the committee's
duties and other related provisions;
requires the commission's Legislative Policy Committee to form a working group to
investigate and make recommendations to the Legislature regarding a statewide central
authority for coordinating behavioral health initiatives;
creates a family outreach specialist within the department to:
engage with the family of an individual who has recently died by suicide or overdose;
and
assist the medical examiner with suicide intervention,
prevention
,
and postvention;
makes changes to responsibilities related to the Underage Drinking Prevention Media and
Education Campaign Restricted Account;
amends the duties and membership of the Behavioral Health Crisis Response Committee;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates
$114,950,700
in operating and capital budgets for fiscal year 2027,
all of which is from the General Fund.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-72-408
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
26B-1-325
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 33 and
renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-425
Effective
05/06/26
Repealed
07/01/27
, as last amended by Laws of Utah
2024, Chapter 245
26B-1-427
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 494
26B-1-428
Effective
05/06/26
Repealed
07/01/30
, as last amended by Laws of Utah
2025, Chapter 366
26B-5-306
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 184 and
renumbered and amended by Laws of Utah 2023, Chapter 308
26B-5-326
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 308
26B-5-372
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 308
26B-5-611
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapters 245,
250
26B-5-703
Effective
05/06/26
Repealed
07/01/29
, as enacted by Laws of Utah 2024,
Chapter 245
26B-5-704
Effective
05/06/26
Repealed
07/01/29
, as enacted by Laws of Utah 2024,
Chapter 245
26B-5-705
Effective
05/06/26
Repealed
07/01/29
, as enacted by Laws of Utah 2024,
Chapter 245
26B-5-801
Effective
05/06/26
Repealed
01/01/33
, as last amended by Laws of Utah
2025, First Special Session, Chapter 9
26B-5-802
Effective
05/06/26
Repealed
01/01/33
, as renumbered and amended by
Laws of Utah 2024, Chapter 245
26B-5-803
Effective
05/06/26
Repealed
01/01/33
, as renumbered and amended by
Laws of Utah 2024, Chapter 245
32B-2-306
Effective
05/06/26
Partially Repealed
01/01/33
, as last amended by Laws
of Utah 2024, Chapters 245, 385
32B-2-402
Effective
05/06/26
Partially Repealed
01/01/33
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 16
32B-2-404
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapters 245,
385
32B-2-405
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapters 245,
385
32B-7-305
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 245
63C-18-202
Effective
05/06/26
Repealed
12/31/26
, as last amended by Laws of Utah
2024, Chapter 245
63C-18-203
Effective
05/06/26
Repealed
12/31/26
, as last amended by Laws of Utah
2025, Chapter 277
63I-1-226
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 47, 277
and 366
63I-1-232
Effective
05/06/26
, as last amended by Laws of Utah 2024, Third Special
Session, Chapter 5
63I-1-263
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 391,
512
64-13-45
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapters 245, 341
77-18-106
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 330
ENACTS:
26B-5-122
Effective
05/06/26
, Utah Code Annotated 1953
26B-5-384
Effective
05/06/26
, Utah Code Annotated 1953
26B-8-233
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-72-408
is amended to read:
17-72-408
Effective
05/06/26
. County jail reporting requirements.
(1)
Each county jail shall submit a report to the commission before June 15 of each year
that includes, for the preceding calendar year:
(a)
the average daily prisoner population each month;
(b)
the number of prisoners in the county jail on the last day of each month who identify
as each race or ethnicity included in the Standards for Transmitting Race and
Ethnicity published by the United States Federal Bureau of Investigation;
(c)
the number of prisoners booked into the county jail;
(d)
the number of prisoners held in the county jail each month on behalf of each of the
following entities:
(i)
the Bureau of Indian Affairs;
(ii)
a state prison;
(iii)
a federal prison;
(iv)
the United States Immigration and Customs Enforcement; and
(v)
any other entity with which a county jail has entered a contract to house inmates
on the entity's behalf;
(e)
the number of prisoners that are denied pretrial release and held in the custody of the
county jail while the prisoner awaited final disposition of the prisoner's criminal
charges;
(f)
for each prisoner booked into the county jail:
(i)
the name of the agency that arrested the prisoner;
(ii)
the date and time the prisoner was booked into and released from the custody of
the county jail;
(iii)
if the prisoner was released from the custody of the county jail, the reason the
inmate was released from the custody of the county jail;
(iv)
if the prisoner was released from the custody of the county jail on a financial
condition, whether the financial condition was set by a county sheriff or a court;
(v)
the number of days the prisoner was held in the custody of the county jail before
disposition of the prisoner's criminal charges;
(vi)
whether the prisoner was released from the custody of the county jail before final
disposition of the prisoner's criminal charges; and
(vii)
the prisoner's state identification number;
(g)
the number of in-custody deaths that occurred at the county jail;
(h)
for each in-custody death:
(i)
the deceased's name, gender, race, ethnicity, age, and known or suspected medical
diagnosis or disability, if any;
(ii)
the date, time, and location of death;
(iii)
the law enforcement agency that detained, arrested, or was in the process of
arresting the deceased; and
(iv)
a brief description of the circumstances surrounding the death;
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors of
each of the in-custody deaths described in Subsection
(2)(g)
;
(j)
the county jail's policy for notifying an inmate's next of kin after the prisoner's
in-custody death;
(k)
the county jail policies, procedures, and protocols:
(i)
for treatment of a prisoner experiencing withdrawal from alcohol or substance use,
including use of opiates;
(ii)
that relate to the county jail's provision, or lack of provision, of medications used
to treat, mitigate, or address a prisoner's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii)
that relate to screening, assessment, and treatment of a prisoner for a substance
use or mental health disorder, including the policies, procedures, and protocols
that implement the requirements described in Section
17-72-501
;
(l)
(i)
the number of prisoners whose screening described in Section
17-72-501

indicated the presence of a substance use disorder; and
(ii)
of the prisoners whose screening indicated the presence of a substance use
disorder, the number of prisoners who received medication under a medication
assisted treatment plan; and
(m)
any report the county jail provides or is required to provide under federal law or
regulation relating to prisoner deaths.
(2)
(a)
Subsection
(1)
does not apply to a county jail if the county jail:
(i)
collects and stores the data described in Subsection
(1)
; and
(ii)
enters into a memorandum of understanding with the commission that allows the
commission to access the data described in Subsection
(1)
.
(b)
The memorandum of understanding described in Subsection
(2)(a)(ii)
shall include a
provision to protect any information related to an ongoing investigation and comply
with all applicable federal and state laws.
(c)
If the commission accesses data from a county jail in accordance with Subsection
(2)(a)
, the commission may not release a report prepared from that data, unless:
(i)
the commission provides the report for review to:
(A)
the county jail; and
(B)
any arresting agency that is named in the report; and
(ii)
(A)
the county jail approves the report for release;
(B)
the county jail reviews the report and prepares a response to the report to be
published with the report; or
(C)
the county jail fails to provide a response to the report within four weeks after
the day on which the commission provides the report to the county jail.
(3)
The commission shall:
(a)
compile the information from the reports described in Subsection
(1)
;
(b)
omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law;
(c)
submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the
Utah Substance Use and Mental Health Advisory Committee
Utah Behavioral Health Commission
before November 1 of each year; and
(d)
submit the compilation to the protection and advocacy agency designated by the
governor before November 1 of each year.
(4)
The commission may not provide access to or use a county jail's policies, procedures, or
protocols submitted under this section in a manner or for a purpose not described in this
section.
(5)
Upon request, a county jail shall make a report, including only the names and causes of
death of deceased inmates and the facility in which the deceased inmates were being
held in custody, available to the public.
Section 2. Section
26B-1-325
is amended to read:
26B-1-325
Effective
05/06/26
. Governor's Suicide Prevention Fund.
(1)
There is created an expendable special revenue fund known as the Governor's Suicide
Prevention Fund.
(2)
The fund shall consist of donations, gifts, grants, and bequests of real property or
personal property made to the fund.
(3)
A donor to the fund may designate a specific purpose for the use of the donor's
donation, if the designated purpose is described in Subsection
(4)
.
(4)
(a)
Subject to Subsection
(3)
, money in the fund shall be used for the following
activities:
(i)
efforts to directly improve mental health crisis response;
(ii)
efforts that directly reduce risk factors associated with suicide; and
(iii)
efforts that directly enhance known protective factors associated with suicide
reduction.
(b)
Efforts described in Subsections
(4)(a)(ii)
and
(iii)
include the components of the
state suicide prevention program described in Subsection
26B-5-611(3)
26B-5-611(4)
.
(5)
The Office of Substance Use and Mental Health shall establish a grant application and
review process for the expenditure of money from the fund.
(6)
The grant application and review process shall describe:
(a)
requirements to complete a grant application;
(b)
requirements to receive funding;
(c)
criteria for the approval of a grant application;
(d)
standards for evaluating the effectiveness of a project proposed in a grant
application; and
(e)
support offered by the office to complete a grant application.
(7)
The Office of Substance Use and Mental Health shall:
(a)
review a grant application for completeness;
(b)
make a recommendation to the governor or the governor's designee regarding a grant
application;
(c)
send a grant application to the governor or the governor's designee for evaluation and
approval or rejection;
(d)
inform a grant applicant of the governor or the governor's designee's determination
regarding the grant application; and
(e)
direct the fund administrator to release funding for grant applications approved by
the governor or the governor's designee.
(8)
The state treasurer shall invest the money in the fund under
Title 51, Chapter 7, State
Money Management Act
, except that all interest or other earnings derived from money
in the fund shall be deposited into the fund.
(9)
Money in the fund may not be used for the Office of the Governor's administrative
expenses that are normally provided for by legislative appropriation.
(10)
The
governor or the governor's designee may authorize the expenditure of fund money
Office of Substance Use and Mental Health shall administer the fund
in accordance with
this section.
(11)
The
governor
Office of Substance Use and Mental Health
shall make an annual report
to the Legislature regarding the status of the fund, including a report on the contributions
received, expenditures made, and programs and services funded.
Section 3. Section
26B-1-425
is amended to read:
26B-1-425
Effective
05/06/26
Repealed
07/01/27
. Utah Health Workforce
Advisory Council -- Creation and membership.
(1)
There is created within the department the Utah Health Workforce Advisory Council.
(2)
The council shall be comprised of at least 14 but not more than 19 members.
(3)
The following are members of the council:
(a)
the executive director or that individual's designee;
(b)
the executive director of the Department of Workforce Services or that individual's
designee;
(c)
the commissioner of higher education of the Utah System of Higher Education or
that individual's designee;
(d)
the state superintendent of the State Board of Education or that individual's designee;
(e)
the executive director of the Department of Commerce or that individual's designee;
(f)
the director of the Division of Multicultural Affairs or that individual's designee;
(g)
the
director
chair
of the
Utah Substance Use and Mental Health Advisory
Committee
Utah Behavioral Health Commission
or that individual's designee;
(h)
the chair of the Utah Indian Health Advisory Board; and
(i)
the chair of the Utah Medical Education Council created in Section
26B-4-706
.
(4)
The executive director shall appoint at least five but not more than ten additional
members that represent diverse perspectives regarding Utah's health workforce as
defined in Section
26B-4-705
.
(5)
(a)
A member appointed by the executive director under Subsection
(4)
shall serve a
four-year term.
(b)
Notwithstanding Subsection
(5)(a)
for the initial appointments of members described
in Subsection
(4)
the executive director shall appoint at least three but not more than
five members to a two-year appointment to ensure that approximately half of the
members appointed by the executive director rotate every two years.
(6)
The executive director or the executive director's designee shall chair the council.
(7)
(a)
As used in this Subsection
(7)
, "health workforce" means the same as that term is
defined in Section
26B-4-705
.
(b)
The council shall:
(i)
meet at least once each quarter;
(ii)
study and provide recommendations to an entity described in Subsection
(8)

regarding:
(A)
health workforce supply;
(B)
health workforce employment trends and demand;
(C)
options for training and educating the health workforce;
(D)
the implementation or improvement of strategies that entities in the state are
using or may use to address health workforce needs including shortages,
recruitment, retention, and other Utah health workforce priorities as determined
by the council;
(iii)
provide guidance to an entity described in Subsection
(8)
regarding health
workforce related matters;
(iv)
review and comment on legislation relevant to Utah's health workforce; and
(v)
advise the Utah Board of Higher Education and the Legislature on the status and
needs of the health workforce who are in training.
(8)
The council shall provide information described in Subsections
(7)(b)(ii)
and
(iii)
to:
(a)
the Legislature;
(b)
the department;
(c)
the Department of Workforce Services;
(d)
the Department of Commerce;
(e)
the Utah Medical Education Council; and
(f)
any other entity the council deems appropriate upon the entity's request.
(9)
(a)
The Utah Medical Education Council created in Section
26B-4-706
is a
subcommittee of the council.
(b)
The council may establish subcommittees to support the work of the council.
(c)
A member of the council shall chair a subcommittee created by the council.
(d)
Except for the Utah Medical Education Council, the chair of the subcommittee may
appoint any individual to the subcommittee.
(10)
For any report created by the council that pertains to any duty described in Subsection
(7)
, the council shall:
(a)
provide the report to:
(i)
the department; and
(ii)
any appropriate legislative committee; and
(b)
post the report on the council's website.
(11)
The executive director shall:
(a)
ensure the council has adequate staff to support the council and any subcommittee
created by the council; and
(b)
provide any available information upon the council's request if:
(i)
that information is necessary for the council to fulfill a duty described in
Subsection
(7)
; and
(ii)
the department has access to the information.
(12)
A member of the council or a subcommittee created by the council may not receive
compensation or benefits for the member's service but may receive per diem and travel
expenses as allowed in:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance according to Sections
63A-3-106
and
63A-3-107
.
Section 4. Section
26B-1-427
is amended to read:
26B-1-427
Effective
05/06/26
. Alcohol Abuse Tracking Committee --Tracking
effects of abuse of alcoholic products.
(1)
There is created a committee within the department known as the Alcohol Abuse
Tracking Committee that consists of:
(a)
the executive director or the executive director's designee;
(b)
the commissioner of the Department of Public Safety or the commissioner's designee;
(c)
the director of the Department of Alcoholic Beverage Services or that director's
designee;
(d)
the executive director of the Department of Workforce Services or that executive
director's designee;
(e)
the chair of the
Utah Substance Use and Mental Health Advisory Committee
Utah
Behavioral Health Commission
or the chair's designee;
(f)
the state court administrator or the state court administrator's designee; and
(g)
the director of the Division of Technology Services or that director's designee.
(2)
The executive director or the executive director's designee shall chair the committee.
(3)
(a)
Four members of the committee constitute a quorum.
(b)
A vote of the majority of the committee members present when a quorum is present
is an action of the committee.
(4)
The committee shall meet at the call of the chair.
(5)
The committee may adopt additional procedures or requirements for:
(a)
voting, when there is a tie of the committee members;
(b)
how meetings are to be called; and
(c)
the frequency of meetings.
(6)
The committee shall establish a process to collect for each calendar year the following
information:
(a)
the number of individuals statewide who are convicted of, plead guilty to, plead no
contest to, plead guilty in a similar manner to, or resolve by diversion or its
equivalent to a violation related to underage drinking of alcohol;
(b)
the number of individuals statewide who are convicted of, plead guilty to, plead no
contest to, plead guilty in a similar manner to, or resolve by diversion or its
equivalent to a violation related to driving under the influence of alcohol;
(c)
the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
related to over-serving or over-consumption of an alcoholic product;
(d)
the cost of social services provided by the state related to abuse of alcohol, including
services provided by the Division of Child and Family Services;
(e)
the location where the alcoholic products that result in the violations or costs
described in Subsections
(6)(a)
through
(d)
are obtained; and
(f)
any information the committee determines can be collected and relates to the abuse of
alcoholic products.
Section 5. Section
26B-1-428
is amended to read:
26B-1-428
Effective
05/06/26
Repealed
07/01/30
. Youth Electronic Cigarette,
Marijuana, and Other Drug Prevention Committee and Program -- Creation --
Membership -- Duties.
(1)
As used in this section:
(a)
"Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
Prevention Committee created in Section
26B-1-204
.
(b)
"Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
Prevention Program created in this section.
(2)
(a)
There is created within the department the Youth Electronic Cigarette, Marijuana,
and Other Drug Prevention Program.
(b)
In consultation with the committee, the department shall:
(i)
establish guidelines for the use of funds appropriated to the program under
Subsection
59-14-807(3)(a)(vi)
;
(ii)
ensure that guidelines developed under Subsection
(2)(b)(i)
are evidence-based
and appropriate for the population targeted by the program; and
(iii)
subject to appropriations from the Legislature under Subsection
59-14-807(3)(a)(vi)
, fund statewide initiatives to prevent use of electronic
cigarettes, nicotine products, marijuana, and other drugs by youth.
(3)
(a)
The committee shall:
(i)
advise the department on:
(A)
preventing use of electronic cigarettes, marijuana, and other drugs by youth in
the state;
(B)
developing the guidelines described in Subsection
(2)(b)(i)
; and
(C)
implementing the provisions of the program; and
(ii)
meet quarterly or more frequently as determined necessary by the department's
designee under Subsection
(3)(c)(ii)
.
(b)
The executive director shall:
(i)
appoint members of the committee; and
(ii)
consult with the
Utah Substance Use and Mental Health Advisory Committee
Utah Behavioral Health Commission
created in Section
26B-5-801
26B-5-702

when making the appointments under Subsection
(3)(b)(i)
.
(c)
The committee shall include, at a minimum:
(i)
the executive director of a local health department as defined in Section
26A-1-102
,
or the local health department executive director's designee;
(ii)
one designee from the department;
(iii)
one representative from the Department of Public Safety;
(iv)
one representative from the behavioral health community; and
(v)
one representative from the education community.
(d)
A member of the committee may not receive compensation or benefits for the
member's service on the committee, but may receive per diem and travel expenses in
accordance with:
(i)
Section
63A-3-106
;
(ii)
Section
63A-3-107
; and
(iii)
rules made by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(e)
The department shall provide staff support to the committee.
(4)
On or before October 31 of each year, the department shall report to:
(a)
the Health and Human Services Interim Committee regarding:
(i)
the use of funds appropriated to the program;
(ii)
the impact and results of the program, including the effectiveness of each
program funded under Subsection
(2)(b)(iii)
, during the previous fiscal year;
(iii)
a summary of the impacts and results on reducing youth use of electronic
cigarettes and nicotine products by entities represented by members of the
committee, including those entities who receive funding through the Electronic
Cigarette Substance and Nicotine Product Proceeds Restricted Account created in
Section
59-14-807
; and
(iv)
any recommendations for legislation; and
(b)
the
Utah Substance Use and Mental Health Advisory Committee
Utah Behavioral
Health Commission
created in Section
26B-5-801
26B-5-702
, regarding:
(i)
the effectiveness of each program funded under Subsection
(2)(b)(iii)
in
preventing youth use of electronic cigarettes, nicotine products, marijuana, and
other drugs; and
(ii)
any collaborative efforts and partnerships established by the program with public
and private entities to prevent youth use of electronic cigarettes, marijuana, and
other drugs.
Section 6. Section
26B-5-122
is enacted to read:
26B-5-122
Effective
05/06/26
. Community-based peer support services grant
program.
(1)
As used in this section:
(a)
"Commission" means the Utah Behavioral Health Commission created in Section
26B-5-702
.
(b)
"Peer support services" means non-clinical, low-barrier, community-based support to
individuals recovering from mental health or substance use disorders, delivered by
individuals with similar lived experiences.
(c)
"Recovery support organization" means a community-based organization that
provides peer support services.
(2)
Subject to appropriations from the Legislature for this purpose, in consultation with the
commission and in accordance with the requirements of this section, the division shall
award grants
to recovery support organizations to provide peer support services.
(3)
The division shall prioritize the award of a grant described in Subsection
(2)
based on
the extent to which providing the grant to the applicant will increase the provision of
peer support services in areas with frequent mental health or behavioral health provider
shortages.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the

division, in consultation with the commission, shall make rules, for the application and
award of a grant described in Subsection
(2)
.
Section 7. Section
26B-5-306
is amended to read:
26B-5-306
Effective
05/06/26
. Objectives of state hospital and other facilities --
Individuals who may be admitted to state hospital.
(1)
(a)
As used in this section "neurological disorder" means the same as that term is
defined in the current edition of the Diagnostic and Statistical Manual of Mental
Disorders published by the American Psychiatric Association.
(b)
"Neurological disorder" includes a neurocognitive disorder as that term is defined in
the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association.
(2)
The objectives of the state hospital and other mental health facilities
shall be
are
to
:

(a)
care for all
persons
individuals
within this state who are subject to the provisions of
this chapter; and
(b)
to
furnish
them
the individuals
with the proper attendance, medical treatment,
seclusion, rest, restraint, amusement, occupation, and support that is conducive to
their
the individuals'
physical and mental well-being.
(2)
(3)
Only the following
persons
individuals
may be admitted to the state hospital:
(a)
persons
an individual who is
18 years old
and
or
older who
meet
meets
the criteria
necessary for commitment under this part and who
have
has a
severe mental
disorders
disorder or severe neurological disorder
for whom no appropriate, less
restrictive treatment alternative is available;
(b)
persons
an individual who is
under 18 years old who
meet
meets
the criteria
necessary for commitment under
Part 4, Commitment of Persons under Age 18
, and
for whom no less restrictive alternative is available;
(c)
persons
an individual who is
adjudicated and found to be guilty with a mental
condition under
Title 77, Chapter 16a, Commitment and Treatment of Individuals
with a Mental Condition
;
(d)
persons
an individual who is
adjudicated and found to be not guilty by reason of
insanity who
are
is
under a subsequent commitment order because
they have
the
individual has
a mental illness and
are
is
a danger to
themselves
self
or others,
under Section
77-16a-302
;
(e)
persons
an individual who is
found incompetent to proceed under Section
77-15-6
;
(f)
persons who require
an individual who requires
an examination under
Title 77, Utah
Code of Criminal Procedure
; and
(g)
persons
an individual who is
in the custody of the Department of Corrections,
admitted in accordance with Section
26B-5-372
, giving priority to those
persons
individuals
with severe mental disorders.
Section 8. Section
26B-5-326
is amended to read:
26B-5-326
Effective
05/06/26
. Allocation of state hospital beds -- Formula.
(1)
As used in this section:
(a)
"Adult beds" means the total number of patient beds located in the adult general
psychiatric unit and the geriatric unit at the state hospital, as determined by the
superintendent of the state hospital.
(b)
"Mental health catchment area" means a county or group of counties governed by a
local mental health authority.
(2)
(a)
The division shall establish by rule a formula to separately allocate to local mental
health authorities adult beds for persons who meet the requirements of Subsection
26B-5-306(2)(a)
26B-5-306(3)(a)
. Beginning on May 10, 2011, and ending on June
30, 2011, 152 beds shall be allocated to local mental health authorities under this
section.
(b)
The number of beds shall be reviewed and adjusted as necessary:
(i)
on July 1, 2011, to restore the number of beds allocated to 212 beds as funding
permits; and
(ii)
on July 1, 2011, and every three years after July 1, 2011, according to the state's
population.
(c)
All population figures utilized shall reflect the most recent available population
estimates from the Utah Population Committee.
(3)
The formula established under Subsection
(2)
shall provide for allocation of beds based
on:
(a)
the percentage of the state's adult population located within a mental health
catchment area; and
(b)
a differential to compensate for the additional demand for hospital beds in mental
health catchment areas that are located in urban areas.
(4)
A local mental health authority may sell or loan its allocation of beds to another local
mental health authority.
(5)
The division shall allocate adult beds at the state hospital to local mental health
authorities for their use in accordance with the formula established under this section. If
a local mental health authority is unable to access a bed allocated to it under the formula
established under Subsection
(2)
, the division shall provide that local mental health
authority with funding equal to the reasonable, average daily cost of an acute care bed
purchased by the local mental health authority.
(6)
The board shall periodically review and make changes in the formula established under
Subsection
(2)
as necessary to accurately reflect changes in population.
Section 9. Section
26B-5-372
is amended to read:
26B-5-372
Effective
05/06/26
. Admission of person in custody of Department of
Corrections to state hospital -- Retransfer of person to Department of Corrections.
(1)
The executive director of the Department of Corrections may request the director to
admit a person who is in the custody of the Department of Corrections to the state
hospital, if the clinical director within the Department of Corrections finds that the
inmate has mentally deteriorated to the point that admission to the state hospital is
necessary to ensure adequate mental health treatment. In determining whether that
inmate should be placed in the state hospital, the director of the division shall consider:
(a)
the mental health treatment needs of the inmate;
(b)
the treatment programs available at the state hospital; and
(c)
whether the inmate meets the requirements of Subsection
26B-5-306(2)
26B-5-306(3)
.
(2)
If the director denies the admission of an inmate as requested by the clinical director
within the Department of Corrections, the Board of Pardons and Parole shall determine
whether the inmate will be admitted to the state hospital. The Board of Pardons and
Parole shall consider:
(a)
the mental health treatment needs of the inmate;
(b)
the treatment programs available at the state hospital; and
(c)
whether the inmate meets the requirements of Subsection
26B-5-306(2)
26B-5-306(3)
.
(3)
The state hospital shall receive any person in the custody of the Department of
Corrections when ordered by either the director or the Board of Pardons and Parole,
pursuant to Subsection
(1)
or
(2)
. Any person so transferred to the state hospital shall
remain in the custody of the Department of Corrections, and the state hospital shall act
solely as the agent of the Department of Corrections.
(4)
Inmates transferred to the state hospital pursuant to this section shall be transferred back
to the Department of Corrections through negotiations between the director and the
director of the Department of Corrections. If agreement between the director and the
director of the Department of Corrections cannot be reached, the Board of Pardons and
Parole shall have final authority in determining whether a person will be transferred
back to the Department of Corrections. In making that determination, that board shall
consider:
(a)
the mental health treatment needs of the inmate;
(b)
the treatment programs available at the state hospital;
(c)
whether the person continues to meet the requirements of Subsection
26B-5-306(2)
26B-5-306(3)
;
(d)
the ability of the state hospital to provide adequate treatment to the person, as well as
safety and security to the public; and
(e)
whether, in the opinion of the director, in consultation with the clinical director of the
state hospital, the person's treatment needs have been met.
Section 10. Section
26B-5-384
is enacted to read:
26B-5-384
Effective
05/06/26
. Statewide commitment database -- Restricted use
and access.
(1)
As used in this section, "committed individual" means an individual who has been
committed under Section
26B-5-331
or
26B-5-332
.
(2)
The department shall establish by December 31, 2026, and shall maintain, a database of
individuals committed under Sections
26B-5-331
and
26B-5-332
.
(3)
The database shall include:
(a)
the name and identifying information of a committed individual;
(b)
the type of commitment and statute authorizing the commitment;
(c)
the status of the committed individ
ual;

a
n
d
(d)
any other information the department deems necessary to carry out the requirements
of this section.
(4)
The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Ru
lemaking
Act
,
to:
(a)
implement this sec
tion;

a
n
d
(b)
ensure the privacy of committed individuals, including by:
(i)
establishing and restricting the permissible uses of the information in the dat
abase;

a
n
d
(ii)
defining and restricting access to the database,
including by
identifying persons
who may have access to the database.
Section 11. Section
26B-5-611
is amended to read:
26B-5-611
Effective
05/06/26
. Suicide prevention -- Reporting requirements.
(1)
As used in this section:
(a)
"Bureau" means the Bureau of Criminal Identification created in Section
53-10-201

within the Department of Public Safety.
(b)
"Coalition" means the Statewide Suicide Prevention
Coalition
Committee
created
under Subsection
(3)
.
(c)
"Commission" means the Utah Behavioral Health Commission created in Section
26B-5-702
.
(d)
"Coordinator" means the state suicide prevention coordinator appointed under
Subsection
(2)
.
(e)
"Fund" means the Governor's Suicide Prevention Fund created in Section
26B-1-325
.
(f)
"Intervention" means an effort to prevent a person from attempting suicide.
(g)
"Legal intervention" means an incident in which an individual is shot by another
individual who has legal authority to use deadly force.
(h)
"Postvention" means intervention after a suicide attempt or a suicide death to reduce
risk and promote healing.
(i)
"Shooter" means an individual who uses a gun in an act that results in the death of the
actor or another individual, whether the act was a suicide, homicide, legal
intervention, act of self-defense, or accident.
(2)
The
division
office
shall appoint a state suicide prevention coordinator to
, under the
direction of the commission,
administer a state suicide prevention program composed
of suicide prevention, intervention, and postvention programs, services, and efforts.
(3)
The coordinator shall:
(a)
establish a Statewide Suicide Prevention Committee with membership from public
and private organizations and Utah citizens; and
(b)
appoint a chair and co-chair from among the membership of the coalition to lead the
coalition.
(4)
The state suicide prevention program may include the following components:
(a)
delivery of resources, tools, and training to community-based coalitions;
(b)
evidence-based suicide risk assessment tools and training;
(c)
town hall meetings for building community-based suicide prevention strategies;
(d)
suicide prevention gatekeeper training;
(e)
training to identify warning signs and to manage an at-risk individual's crisis;
(f)
evidence-based intervention training;
(g)
intervention skills training;
(h)
postvention training; or
(i)
a public education campaign to improve public awareness about warning signs of
suicide and suicide prevention resources.
(5)
The coordinator shall coordinate with the following to gather statistics, among other
duties:
(a)
local mental health and substance abuse authorities;
(b)
the State Board of Education, including the public education suicide prevention
coordinator described in Section
53G-9-702
;
(c)
applicable divisions and offices within the department;
(d)
health care providers, including emergency rooms;
(e)
federal agencies, including the Federal Bureau of Investigation;
(f)
other unbiased sources; and
(g)
other public health suicide prevention efforts.
(6)
The coordinator shall, in consultation with the bureau, implement and manage the
operation of the firearm safety program described in Subsection
26B-5-102
(3).
(7)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules:
(a)
governing the implementation of the state suicide prevention program, consistent
with this section; and
(b)
in conjunction with the bureau, defining the criteria for employers to apply for grants
under the Suicide Prevention Education Program described in Section
26B-5-110
,
which shall include:
(i)
attendance at the suicide prevention education course described in Subsection
26B-5-102(3)
; and
(ii)
distribution of the firearm safety brochures or packets created in Subsection
26B-5-102(3)
, but does not require the distribution of a cable-style gun lock with a
firearm if the firearm already has a trigger lock or comparable safety mechanism.
(8)
As funding by the Legislature allows, the coordinator shall award grants, not to exceed a
total of $100,000 per fiscal year, to suicide prevention programs that focus on the needs
of children who have been served by the Division of Juvenile Justice and Youth Services.
Section 12. Section
26B-5-703
is amended to read:
26B-5-703
Effective
05/06/26
Repealed
07/01/29
. Purpose -- Duties --
Reporting.
(1)
The purpose of the commission is to be the central authority for coordinating behavioral
health initiatives between state and local governments, health systems, and other
interested persons, to ensure that Utah's behavioral health systems are comprehensive,
aligned, effective, and efficient.
(2)
To fulfill the commission's purpose, the commission shall:
(a)
establish a shared vision across public and private sectors for improving Utah's
behavioral health systems;
(b)
make recommendations, including policy recommendations, and advise the
governor, executive branch agencies, and the Legislature on matters pertaining to
behavioral health;
(c)
provide feedback on proposed bills, rules, policies, and budgets relating to behavioral
health;
(d)
encourage participation in the commission's work by individuals and populations
directly impacted by behavioral health issues, including family members of
individuals with behavioral health issues;
(e)
engage private sector payers, providers, and business and employer groups in the
commission's work;
(f)
continually review and revise the master plan as appropriate;
(g)
identify priorities and lead efforts to implement and advance those priorities by
coordinating and collaborating closely with public and private persons throughout the
state;
(h)
identify areas where innovation is necessary to improve behavioral health access and
care;
(i)
cooperate with the Utah System of Higher Education, the State Board of Education,
the Division of Professional Licensing, the Utah Health Workforce Advisory
Council, and the department to oversee the creation and implementation of
behavioral health workforce initiatives for the state;
(j)
collaborate with the Utah State Hospital, the Department of Corrections, county jails,
and the department;
(k)
regarding the interaction between an individual with
a
mental illness or an
intellectual disability and the civil commitment system, criminal justice system, or
juvenile justice system:
(i)
promote communication between and coordination among all agencies interacting
with the individual;
(ii)
study, evaluate, and recommend changes to laws and procedures;
(iii)
identify and promote the implementation of specific policies and programs to
deal fairly and efficiently with the individual; and
(iv)
promote judicial education;
(l)
study the long-term need for adult patient staffed beds at the state hospital, including:
(i)
the total number of staffed beds currently in use at the state hospital;
(ii)
the current staffed bed capacity at the state hospital;
(iii)
the projected total number of staffed beds needed in the adult general psychiatric
unit of the state hospital over the next three, five, and 10 years based on:
(A)
the state's current and projected population growth;
(B)
current access to mental health resources in the community; and
(C)
any other factors the committee finds relevant to projecting the total number
of staffed beds; and
(iv)
the cost associated with the projected total number of staffed beds described in Su
bsection
(2)(l)(iii)
;
(m)
each year report on whether the pay of the state hospital's employees is adequate
based on market conditions;
(k)
(n)
oversee coordination for the funding, implementation, and evaluation of suicide
prevention efforts described in Section
26B-5-611
;
(l)
(o)
develop methods or models for implementing and coherently communicating
cross-sector strategies;
(m)
(p)
hold the state's behavioral health systems accountable for clear, measurable
outcomes; and
(n)
(q)
maintain independence from the department and the governor such that the
commission and its committees are able to provide independent advice and
recommendations, especially regarding proposed bills and policy considerations.
(3)
The commission may delegate responsibilities to the commission's committees and
subcommittees as the committee deems appropriate.
(3)
(4)
(a)
The commission shall meet at least quarterly, but may meet at other times as
scheduled by the chair.
(b)
The chair of the commission shall set the agenda for each commission meeting with
input from commission members and staff.
(c)
Notice of the time and place of a commission meeting shall be given to each member
and to the public in compliance with Title 52, Chapter 4, Open and Public Meetings
Act.
(d)
A commission meeting is open to the public unless the meeting or a portion of a
meeting is closed by the commission pursuant to Section
52-4-204
or Section
52-4-205
.
(4)
(5)
On or before December 31, 2024, the commission shall provide a report to the
Legislature that includes:
(a)
recommendations for behavioral health measures and targets to be included in the
next update to the master plan;
(b)
recommendations for consolidating into the commission other commissions,
committees, subcommittees, task forces, working groups, or other bodies pertaining
to behavioral health;
(c)
recommendations on the next steps for reviewing and potentially redefining state law
and program options regarding county-based behavioral health services; and
(d)
recommendations on key budget priorities and key legislative policies for the 2025
General Session and thereafter.
(5)
(6)
(a)
Beginning in 2025, by no later than September 30 of each year, the
commission shall provide a report to the Health and Human Services Interim
Committee that describes the commission's work during the preceding year and
includes, in accordance with Section
26B-5-705
, any legislative recommendations
from the commission.
(b)
Before the commission submits a legislative recommendation to the Health and
Human Services Interim Committee or the Legislature, the Legislative Policy
Committee created in Section
26B-5-705
shall review the recommendation.
(6)
(7)
Neither the commission nor a committee of the commission may obtain any
individual's health or medical information, whether identifiable or deidentified, without
first obtaining the consent of the individual or the individual's legal representative.
Section 13. Section
26B-5-704
is amended to read:
26B-5-704
Effective
05/06/26
Repealed
07/01/29
. Committees -- Creation --
Duties.
(1)
Each committee created under this part or formed by the commission in accordance
with this section serves under the direction of the commission.
(2)
In addition to the committees created under this part or formed by the commission, the
following are committees of the commission and shall serve under the direction of the
commission to assist the commission in performing the commission's duties:
(a)
the Behavioral Health Crisis Response Committee created in Section
63C-18-202
;
(b)
the Utah
Substance Use and Mental Health Advisory
Behavioral Health Policy
Review
Committee created in Section
26B-5-801
; and
(c)
the Statewide Suicide Prevention Committee created under Section
26B-5-611
.
(3)
(a)
In addition to the committees described in Subsection
(2)
or created under this
part, the commission may form committees to support the commission in fulfilling
the commission's duties.
(b)
When forming a committee, the commission shall
, except as provided in Subsection
(4)
:
(i)
appoint members to the committee who represent a range of views and expertise;
and
(ii)
adopt procedures and directives for the committee.
(c)
Unless otherwise provided for in statute, a member of a committee may not receive
compensation or benefits for the member's service on the committee, but may receive
per diem and travel expenses in accordance with:
(i)
Section
63A-3-106
;
(ii)
Section
63A-3-107
; and
(iii)
rules made by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(d)
Compensation and expenses of a committee member who is a legislator are governed
by Section
36-2-2
and Legislative Joint Rules, Title 5, Legislative Compensation and
Expenses.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules, in consultation with the commission, to establish the
membership, procedures, and directives of a committee the commission forms.
Section 14. Section
26B-5-705
is amended to read:
26B-5-705
Effective
05/06/26
Repealed
07/01/29
. Legislative Policy
Committee -- Creation -- Duties -- Staff.
(1)
As used in this section, "committee" means the Legislative Policy Committee created in
Subsection
(2)
.
(2)
Under the commission, there is created the Legislative Policy Committee.
(3)
(a)
The committee is composed of five legislators, appointed as follows:
(i)
the speaker of the House of Representatives shall appoint one member of the
House of Representatives;
(ii)
the minority leader of the House of Representatives shall appoint one member of
the House of Representatives;
(iii)
the president of the Senate shall appoint one member of the Senate;
(iv)
the minority leader of the Senate shall appoint one member of the Senate; and
(v)
the speaker of the House of Representatives and the president of the Senate shall
jointly appoint one legislator.
(b)
The speaker, president, and minority leaders:
(i)
shall make the appointments described in Subsection
(3)(a)
after consulting with
the chairs of the Health and Human Services Interim Committee and the chairs of
the Social Services Appropriations Subcommittee; and
(ii)
are encouraged but not required to appoint to the committee legislators who are
members of one or more of the following:
(A)
the Health and Human Services Interim Committee; or
(B)
the Social Services Appropriations Subcommittee.
(4)
The speaker of the House of Representatives and the president of the Senate shall each
designate one of their appointees as a co-chair of the committee.
(5)
The individual who appoints a member of the committee may change the appointment
at any time.
(6)
The committee shall:
(a)
assist the commission and any of the commission's other committees with developing
policy and legislative recommendations; and
(b)
review any legislative recommendation proposed by the commission before the
legislative recommendation is provided to the Health and Human Services Interim
Committee or the Legislature.
(7)
(a)
As used in this Subsection
(7)
, "working group" means the working group the
committee convenes as described in Subsection
(7)(b)
.
(b)
The committee shall convene a working group to investigate, study, and make
recommendations to the Legislature regarding the entity in the best position to serve
as the central authority for coordinating behavioral health initiatives between state
and local governments, health systems, and other interested persons to ensure that
Utah's behavioral health systems are comprehensive, aligned, effective, and efficient.
(c)
In carrying out the duties described in Subsection
(7)(b)
, the working group shall
consider:
(i)
an entity's ability to gather and analyze data; and
(ii)
the most effective duties and governance structure for the central authority.
(d)
The working group shall make the recommendations described in Subsection
(7)(b)

to the Health and Human Services Interim Committee on or before the date of the
committee's November 2026 interim meeting.
(7)
(8)
The committee may:
(a)
submit its own proposed legislation to the commission for consideration; and
(b)
provide other services as requested by the commission.
(8)
(9)
(a)
A majority of the members of the committee constitutes a quorum.
(b)
The action of a majority of a quorum constitutes the action of the committee.
(9)
(10)
The Office of Legislative Research and General Counsel shall provide staff
support to the committee.
Section 15. Section
26B-5-801
is amended to read:
8. Utah Behavioral Health Policy Review Committee
26B-5-801
Effective
05/06/26
Repealed
01/01/33
. Definitions -- Creation of
committee -- Membership -- Terms.
(1)
(a)
As used in this part, "committee" means the Utah
Substance Use and Mental
Health Advisory
Behavioral Health Policy Review
Committee created in this section.
(b)
There is created within the department the Utah
Substance Use and Mental Health
Advisory
Behavioral Health Policy Review
Committee, which serves under the
direction of the Utah Behavioral Health Commission created in Section
26B-5-702
.
(2)
The committee shall be comprised of the following voting members:
(a)
the attorney general or the attorney general's designee;
(b)
one elected county official appointed by the Utah Association of Counties;
(c)
the commissioner of public safety or the commissioner's designee;
(d)
the director of the Division of Integrated Healthcare or the director's designee;
(e)
the state superintendent of public instruction or the superintendent's designee;
(f)
the executive director of the Department of Health and Human Services or the
executive director's designee;
(g)
the executive director of the State Commission on Criminal and Juvenile Justice or
the executive director's designee;
(h)
the executive director of the Department of Corrections or the executive director's
designee;
(i)
the director of the Division of Juvenile Justice and Youth Services or the director's
designee;
(j)
the director of the Division of Child and Family Services or the director's designee;
(k)
the chair of the Board of Pardons and Parole or the chair's designee;
(l)
the director of the Office of Multicultural Affairs or the director's designee;
(m)
the director of the Division of Indian Affairs or the director's designee;
(n)
the state court administrator or the state court administrator's designee;
(o)
one district court judge who presides over a drug court and who is appointed by the
chief justice of the Utah Supreme Court;
(p)
one district court judge who presides over a mental health court and who is
appointed by the chief justice of the Utah Supreme Court;
(q)
one juvenile court judge who presides over a drug court and who is appointed by the
chief justice of the Utah Supreme Court;
(r)
one prosecutor appointed by the Statewide Association of Prosecutors;
(s)
the chair or co-chair of each subcommittee established by the committee;
(t)
the chair or co-chair of the Statewide Suicide Prevention Committee created under
Subsection
26B-5-611
(3);
(u)
one representative appointed by the Utah League of Cities and Towns to serve a
four-year term;
(v)
the chair of the Utah Victim Services Commission or the chair's designee;
(w)
the superintendent of the Utah State Hospital or the superintendent's designee;
(x)
the following members appointed by the governor to serve four-year terms:
(i)
one resident of the state who has been personally affected by a substance use or
mental health disorder; and
(ii)
one citizen representative; and
(y)
in addition to the voting members described in Subsections
(2)(a)
through
(x)
, the
following voting members appointed by a majority of the members described in
Subsections
(2)(a)
through
(x)
to serve four-year terms:
(i)
one resident of the state who represents a statewide advocacy organization for
recovery from substance use disorders;
(ii)
one resident of the state who represents a statewide advocacy organization for
recovery from mental illness;
(iii)
one resident of the state who represents a statewide advocacy organization for
protection of rights of individuals with a disability;
(iv)
one resident of the state who represents prevention professionals;
(v)
one resident of the state who represents treatment professionals;
(vi)
one resident of the state who represents the physical health care field;
(vii)
one resident of the state who is a criminal defense attorney;
(viii)
one resident of the state who is a military servicemember or military veteran
under Section
53H-11-202
;
(ix)
one resident of the state who represents local law enforcement agencies;
(x)
one representative of private service providers that serve youth with substance
use disorders or mental health disorders; and
(xi)
one resident of the state who is certified by the Division of Integrated
Healthcare as a peer support specialist as described in Subsection
26B-5-102(2)(gg).
(3)
An individual other than an individual described in Subsection
(2)
may not be
appointed as a voting member of the committee.
(2)
The department, in consultation with the Behavioral Health Commission, shall make
rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
establish the members of the committee.
Section 16. Section
26B-5-802
is amended to read:
26B-5-802
Effective
05/06/26
Repealed
01/01/33
. Chair -- Vacancies --
Quorum -- Expenses.
(1)
The Utah
Substance Use and Mental Health Advisory
Behavioral Health Policy Review

Committee shall annually select one of
its
the committee's
members to serve as chair
and
one of its
two of the committee's
members to serve as
vice chair
vice chairs
.
(2)
When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the position was originally filled.
(3)
A majority of the members of the committee constitutes a quorum.
(4)
A member may not receive compensation or benefits for the member's service, but may
receive per diem and travel expenses as allowed in:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance according to Sections
63A-3-106
and
63A-3-107
.
(5)
The committee may establish subcommittees as needed to assist in accomplishing
its
the committee's
duties under Section
26B-5-803
.
Section 17. Section
26B-5-803
is amended to read:
26B-5-803
Effective
05/06/26
Repealed
01/01/33
. Duties of committee.
(1)
Under the direction of the Utah Behavioral Health Commission created in Section
26B-5-702
, the Utah
Substance Use and Mental Health Advisory
Behavioral Health
Policy Review
Committee shall:
(a)
provide leadership and generate unity for Utah's ongoing efforts to reduce and
eliminate the impact of substance use and mental health disorders in Utah through a
comprehensive and evidence-based prevention, treatment, and justice strategy;
(b)
recommend and coordinate the creation, dissemination, and implementation of
statewide policies to address substance use and mental health disorders;
(c)
facilitate planning for a balanced continuum of substance use and mental health
disorder prevention, treatment, and justice services;
(d)
promote collaboration and mutually beneficial public and private partnerships;
(e)
(a)
coordinate recommendations made by any subcommittee created under Section
26B-5-802
;
(f)
(b)
analyze and provide an objective assessment of all proposed legislation
concerning substance use, mental health, forensic mental health, and related issues;

and
(c)
advise the commission on behavioral health policy, proposed legislation, and
procedures.
(g)
comply with Section
32B-2-306
;
(h)
advise the Department of Health and Human Services regarding the state hospital
admissions policy for individuals in the custody of the Department of Corrections;
(i)
regarding the interaction between an individual with a mental illness or an
intellectual disability and the civil commitment system, criminal justice system, or
juvenile justice system:
(i)
promote communication between and coordination among all agencies interacting
with the individual;
(ii)
study, evaluate, and recommend changes to laws and procedures;
(iii)
identify and promote the implementation of specific policies and programs to
deal fairly and efficiently with the individual; and
(iv)
promote judicial education;
(j)
study the long-term need for adult patient staffed beds at the state hospital, including:
(i)
the total number of staffed beds currently in use at the state hospital;
(ii)
the current staffed bed capacity at the state hospital;
(iii)
the projected total number of staffed beds needed in the adult general
psychiatric unit of the state hospital over the next three, five, and 10 years based
on:
(A)
the state's current and projected population growth;
(B)
current access to mental health resources in the community; and
(C)
any other factors the committee finds relevant to projecting the total number
of staffed beds; and
(iv)
the cost associated with the projected total number of staffed beds described in
Subsection (1)(j)(iii); and
(k)
each year report on whether the pay of the state hospital's employees is adequate
based on market conditions.
(2)
The committee shall meet quarterly or more frequently as determined necessary by the
chair.
(3)
The committee shall report
:
any recommendations annually to the commission, the
governor, and the Legislature.
(a)
with the assistance and staff support from the state hospital, regarding the items
described in Subsections (1)(j) and (k), including any recommendations, to the Utah
Behavioral Health Commission on or before July 31 of each year; and
(b)
any other recommendations annually to the commission, the governor, the
Legislature, and the Judicial Council.
Section 18. Section
26B-8-233
is enacted to read:
26B-8-233
Effective
05/06/26
. Family outreach specialist.
(1)
With funds appropriated by the Legislature for this purpose, the department shall
provide compensation, at a standard rate determined by the department, to a family
outreach specialist.
(2)
The family outreach specialist shall:
(a)
engage with relatives or
the

legal guardian of an individual who has recently died by
suicide or overdose to better understand the circumstances that precede a suicide or
drug-related death, including by:
(i)
contacting next of kin;
(ii)
collecting information in an interview;
(iii)
assessing next of kin; and
(iv)
providing targeted bereavement care; and
(b)
assist the medical examiner with suicide intervention,
prevention
,
and postvention,
including:
(i)
mortality surveillance;
(ii)
research coordination;
(iii)
data management and analysis; and
(iv)
epidemiological surveillance.
Section 19. Section
32B-2-306
is amended to read:
32B-2-306
Effective
05/06/26
Partially Repealed
01/01/33
. Underage drinking
prevention media and education campaign.
(1)
As used in this section
:
, "restricted account" means the Underage Drinking Prevention
Media and Education Campaign Restricted Account created in this section.
(a)
"Advisory committee" means the Utah Substance Use and Mental Health Advisory
Committee created in Section
26B-5-801
.
(b)
"Restricted account" means the Underage Drinking Prevention Media and
Education Campaign Restricted Account created in this section.
(2)
(a)
There is created a restricted account within the General Fund known as the
"Underage Drinking Prevention Media and Education Campaign Restricted Account."
(b)
The restricted account consists of:
(i)
deposits made under Subsection
(3)
; and
(ii)
interest earned on the restricted account.
(3)
The department shall deposit 0.6% of the total gross revenue from sales of liquor with
the state treasurer, as determined by the total gross revenue collected for the fiscal year
two years preceding the fiscal year for which the deposit is made, to be credited to the
restricted account and to be used by the department as provided in Subsection
(5)
.
(4)
(a)
Before January 1, 2033, the advisory committee shall:
(i)
provide ongoing oversight of a media and education campaign funded under this
section;
(ii)
create an underage drinking prevention workgroup consistent with guidelines
proposed by the advisory committee related to the membership and duties of the
underage drinking prevention workgroup;
(iii)
create guidelines for how money appropriated for a media and education
campaign can be used;
(iv)
include in the guidelines established pursuant to this Subsection (4) that a media
and education campaign funded under this section is carefully researched and
developed, and appropriate for target groups; and
(v)
approve plans submitted by the department in accordance with Subsection (5).
(b)
On or after January 1, 2033, the
The
department shall:
(i)
(a)
provide ongoing oversight of a media and education campaign funded under this
section;
(ii)
(b)
create guidelines for how money appropriated for a media and education
campaign can be used; and
(iii)
(c)
include in the guidelines
established pursuant to this Subsection (4)
that a
media and education campaign funded under this section is carefully researched and
developed, and appropriate for target groups.
(5)
(a)
Subject to appropriation from the Legislature, the department shall expend money
from the restricted account to direct and fund one or more media and education
campaigns designed to reduce underage drinking
in cooperation with the advisory
committee, subject to the advisory committee being in effect under Section
63I-1-232
.
(b)
(i)
Before January 1, 2033, the department shall:
(A)
in cooperation with the underage drinking prevention workgroup created
under Subsection (4), prepare and submit a plan to the advisory committee
detailing the intended use of the money appropriated under this section;
(B)
upon approval of the plan by the advisory committee, conduct the media and
education campaign in accordance with the guidelines made by the advisory
committee; and
(C)
submit to the advisory committee annually by no later than October 1, a
written report detailing the use of the money for the media and education
campaigns conducted under this Subsection (5) and the impact and results of
the use of the money during the prior fiscal year ending June 30.
(ii)
On or after January 1, 2033, the
The
department shall:
(A)
(i)
prepare a plan detailing the intended use of the money appropriated under
this section;
and
(B)
(ii)
conduct the media and education campaign in accordance with the
guidelines created by the department under Subsection
(4)(b)
.
; and
(iii)
coordinate and maintain ongoing communications and collaboration with public
entities and private organizations to reduce underage drinking.
(c)
The department shall annually, no later than October 1 for the fiscal year ending on
June 30 of that calendar year, report to the Utah Behavioral Health Commission on:
(i)
the media and education campaign, including the campaign's impact; and
(ii)
the results of the efforts to reduce underage drinking.
Section 20. Section
32B-2-402
is amended to read:
32B-2-402
Effective
05/06/26
Partially Repealed
01/01/33
. Definitions --
Calculations.
(1)
As used in this part:
(a)
"Account" means the Alcoholic Beverage and Substance Abuse Enforcement and
Treatment Restricted Account created in Section
32B-2-403
.
(b)
"Advisory committee" means the Utah Substance Use and Mental Health Advisory
Committee created in Section
26B-5-801
.
(c)
(b)
"Alcohol-related offense" means:
(i)
a violation of:
(A)
Section
41-6a-502
; or
(B)
an ordinance that complies with the requirements of:
(I)
Subsection
41-6a-510(1)
; or
(II)
Section
76-5-207
; or
(ii)
an offense involving the illegal:
(A)
sale of an alcoholic product;
(B)
consumption of an alcoholic product;
(C)
distribution of an alcoholic product;
(D)
transportation of an alcoholic product; or
(E)
possession of an alcoholic product.
(d)
(c)
"Annual conviction time period" means the time period that:
(i)
begins on July 1 and ends on June 30; and
(ii)
immediately precedes the fiscal year for which an appropriation under this part is
made.
(d)
"Commission" means the Utah Behavioral Health Commission created in Section
26B-5-702
.
(e)
"Municipality" means a city or town.
(f)
(i)
"Prevention" is as defined by rule, in accordance with Title
63G, Chapter 3
,
Utah Administrative Rulemaking Act, by the Division of Integrated Healthcare
within the Department of Health and Human Services.
(ii)
In defining the term "prevention," the Division of Substance Abuse and Mental
Health shall:
(A)
include only evidence-based or evidence-informed programs; and
(B)
provide for coordination with local substance abuse authorities designated to
provide substance abuse services in accordance with Section
17-77-201
.
(2)
For purposes of Subsection
32B-2-404(1)(b)(iii)
, the number of premises located within
the limits of a municipality or county:
(a)
is the number determined by the department to be so located;
(b)
includes the aggregate number of premises of the following:
(i)
a state store;
(ii)
a package agency; and
(iii)
a retail licensee; and
(c)
for a county, consists only of the number located within an unincorporated area of
the county.
(3)
The department shall determine:
(a)
a population figure according to the most current population estimate prepared by the
Utah Population Committee;
(b)
a county's population for the 25% distribution to municipalities and counties under
Subsection
32B-2-404(1)(b)(i)
only with reference to the population in the
unincorporated areas of the county; and
(c)
a county's population for the 25% distribution to counties under Subsection
32B-2-404(1)(b)(iv)
only with reference to the total population in the county,
including that of a municipality.
(4)
(a)
A conviction occurs in the municipality or county that actually prosecutes the
offense to judgment.
(b)
If a conviction is based upon a guilty plea, the conviction is considered to occur in
the municipality or county that, except for the guilty plea, would have prosecuted the
offense.
Section 21. Section
32B-2-404
is amended to read:
32B-2-404
Effective
05/06/26
. Alcoholic Beverage and Substance Abuse
Enforcement and Treatment Restricted Account distribution.
(1)
(a)
The money deposited into the account under Section
32B-2-403
shall be
distributed to municipalities and counties:
(i)
to the extent appropriated by the Legislature, except that the Legislature shall
appropriate each fiscal year an amount equal to at least the amount deposited in
the account in accordance with Section
59-15-109
; and
(ii)
as provided in this Subsection
(1)
.
(b)
The amount appropriated from the account shall be distributed as follows:
(i)
25% to municipalities and counties on the basis of the percentage of the state
population residing in each municipality and county;
(ii)
30% to municipalities and counties on the basis of each municipality's and
county's percentage of the statewide convictions for all alcohol-related offenses;
(iii)
20% to municipalities and counties on the basis of the percentage of the
following in the state that are located in each municipality and county:
(A)
state stores;
(B)
package agencies;
(C)
retail licensees; and
(D)
off-premise beer retailers; and
(iv)
25% to the counties for confinement and treatment purposes authorized by this
part on the basis of the percentage of the state population located in each county.
(c)
(i)
Except as provided in Subsection
(1)(c)(ii)
, if a municipality does not have a
law enforcement agency:
(A)
the municipality may not receive money under this part; and
(B)
the State Tax Commission:
(I)
may not distribute the money the municipality would receive but for the
municipality not having a law enforcement agency to that municipality; and
(II)
shall distribute the money that the municipality would have received but
for it not having a law enforcement agency to the county in which the
municipality is located for use by the county in accordance with this part.
(ii)
If the
advisory committee, before January 1, 2033
commission, before July 1,
2029
, or the department, on or after
January 1, 2033
July 1, 2029
, finds that a
municipality described in Subsection
(1)(c)(i)
demonstrates that the municipality
can use the money that the municipality is otherwise eligible to receive in
accordance with this part, the
advisory committee, before January 1, 2033
commission, before July 1, 2029
, or the department, on or after
January 1, 2033
July 1, 2029
, may direct the State Tax Commission to distribute the money to the
municipality.
(2)
To determine the distribution required by Subsection
(1)(b)(ii)
, the State Tax
Commission shall annually:
(a)
for an annual conviction time period:
(i)
multiply by two the total number of convictions in the state obtained during the
annual conviction time period for violation of:
(A)
Section
41-6a-502
; or
(B)
an ordinance that complies with the requirements of Subsection
41-6a-510(1)

or Section
76-5-207
; and
(ii)
add to the number calculated under Subsection
(2)(a)(i)
the number of
convictions obtained during the annual conviction time period for the
alcohol-related offenses other than the alcohol-related offenses described in
Subsection
(2)(a)(i)
;
(b)
divide an amount equal to 30% of the appropriation for that fiscal year by the sum
obtained in Subsection
(2)(a)
; and
(c)
multiply the amount calculated under Subsection
(2)(b)
, by the number of
convictions obtained in each municipality and county during the annual conviction
time period for alcohol-related offenses.
(3)
By not later than September 1 each year:
(a)
the state court administrator shall certify to the State Tax Commission the number of
convictions obtained for alcohol-related offenses in each municipality or county in
the state during the annual conviction time period; and
(b)
the
advisory committee, before January 1, 2033
commission, before July 1, 2029
, or
the department, on or after
January 1, 2033
July 1, 2029
, shall notify the State Tax
Commission of any municipality that does not have a law enforcement agency.
(4)
By not later than December 1 of each year, the
advisory committee, before January 1,
2033
commission, before July 1, 2029
, or the department, on or after
January 1, 2033
July 1, 2029
, shall notify the State Tax Commission for the fiscal year of appropriation
of:
(a)
a municipality that may receive a distribution under Subsection
(1)(c)(ii)
;
(b)
a county that may receive a distribution allocated to a municipality described in
Subsection
(1)(c)(i)
;
(c)
a municipality or county that may not receive a distribution because the
advisory
committee, before January 1, 2033
commission, before July 1, 2029
, or the
department, on or after
January 1, 2033
July 1, 2029
, has suspended the payment
under Subsection
32B-2-405(2)(a)
; and
(d)
a municipality or county that receives a distribution because the suspension of
payment has been cancelled under Subsection
32B-2-405(2)
.
(5)
(a)
By not later than January 1 of the fiscal year of appropriation, the State Tax
Commission shall annually distribute to each municipality and county the portion of
the appropriation that the municipality or county is eligible to receive under this part,
except for any municipality or county that the
advisory committee, before January 1,
2033
commission, before July 1, 2029
, or the department, on or after
January 1, 2033
July 1, 2029
, notifies the State Tax Commission in accordance with Subsection
(4)

may not receive a distribution in that fiscal year.
(b)
(i)
The
advisory committee, before January 1, 2033
commission, before July 1,
2029
, or the department, on or after
January 1, 2033
July 1, 2029
, shall prepare
forms for use by a municipality or county in applying for a distribution under this
part.
(ii)
A form described in this Subsection
(5)
may require the submission of
information the
advisory committee, before January 1, 2033
commission, before
July 1, 2029
, or the department, on or after
January 1, 2033
July 1, 2029
,
considers necessary to enable the State Tax Commission to comply with this part.
Section 22. Section
32B-2-405
is amended to read:
32B-2-405
Effective
05/06/26
. Reporting by municipalities and counties --
Grants.
(1)
A municipality or county that receives money under this part during a fiscal year shall
by no later than October 1 following the fiscal year:
(a)
report to the
advisory committee, before January 1, 2033
committee, before July 1,
2029
, or the department, on or after
January 1, 2033
July 1, 2029
:
(i)
the programs or projects of the municipality or county that receive money under
this part;
(ii)
if the money for programs or projects were exclusively used as required by
Subsection
32B-2-403(2)
;
(iii)
indicators of whether the programs or projects that receive money under this part
are effective; and
(iv)
if money received under this part was not expended by the municipality or
county; and
(b)
provide the
advisory committee, before January 1, 2033
committee, before July 1,
2029
, or the department, on or after
January 1, 2033
July 1, 2029
, a statement signed
by the chief executive officer of the county or municipality attesting that the money
received under this part was used in addition to money appropriated or otherwise
available for the county's or municipality's law enforcement and was not used to
supplant that money.
(2)
The
advisory committee, before January 1, 2033
committee, before July 1, 2029
, may,
by a majority vote, or the department, on or after
January 1, 2033
July 1, 2029
, may:
(a)
suspend future payments under Subsection
32B-2-404(4)
to a municipality or county
that:
(i)
does not file a report that meets the requirements of Subsection
(1)
; or
(ii)
the
advisory committee, before January 1, 2033
committee, before July 1, 2029
,
or the department, on or after
January 1, 2033
July 1, 2029
, finds does not use the
money as required by Subsection
32B-2-403(2)
on the basis of the report filed by
the municipality or county under Subsection
(1)
; and
(b)
cancel a suspension under Subsection
(2)(a)
.
(3)
The State Tax Commission shall notify the
advisory committee, before January 1, 2033
committee, before July 1, 2029
, or the department, on or after
January 1, 2033
July 1,
2029
, of the balance of any undistributed money after the annual distribution under
Subsection
32B-2-404(5)
.
(4)
(a)
Subject to the requirements of this Subsection
(4)
, the
advisory committee, before
January 1, 2033
committee, before July 1, 2029
, or the department, on or after
January 1, 2033
July 1, 2029
, shall award the balance of undistributed money under
Subsection
(3)
:
(i)
as prioritized by majority vote of the
advisory committee, before January 1, 2033
committee, before July 1, 2029
, or by the department, on or after
January 1, 2033
July 1, 2029
; and
(ii)
as grants to:
(A)
a county;
(B)
a municipality;
(C)
the department;
(D)
the Department of
Health and
Human Services;
(E)
the Department of Public Safety; or
(F)
the State Board of Education.
(b)
By not later than May 30 of the fiscal year of the appropriation, the
advisory
committee, before January 1, 2033
committee, before July 1, 2029
, or the
department, on or after
January 1, 2033
July 1, 2029
, shall notify the State Tax
Commission of grants awarded under this Subsection
(4)
.
(c)
The State Tax Commission shall make payments of a grant:
(i)
upon receiving notice as provided under Subsection
(4)(b)
; and
(ii)
by not later than June 30 of the fiscal year of the appropriation.
(d)
An entity that receives a grant under this Subsection
(4)
shall use the grant money
exclusively for programs or projects described in Subsection
32B-2-403(2)
.
Section 23. Section
32B-7-305
is amended to read:
32B-7-305
Effective
05/06/26
. Tracking of enforcement actions -- Costs of
enforcement actions.
(1)
The Department of Public Safety shall administer a program to reimburse a municipal
or county law enforcement agency:
(a)
for the actual costs of an alcohol-related compliance check investigation conducted
pursuant to Section
77-39-101
on the premises of an off-premise beer retailer;
(b)
for administrative costs associated with reporting the compliance check investigation
described in Subsection
(1)(a)
;
(c)
if the municipal or county law enforcement agency completes and submits to the
Department of Public Safety a report within 90 days after the day on which the
compliance check investigation described in Subsection
(1)(a)
occurs in a format
required by the Department of Public Safety; and
(d)
in the order that the municipal or county law enforcement agency submits the report
required by Subsection
(1)(c)
until the amount allocated by the Department of Public
Safety to reimburse a municipal or county law enforcement agency is spent.
(2)
By no later than October 1 of each year, the Department of Public Safety shall report to
the
Utah Substance Use and Mental Health Advisory Committee
Utah Behavioral
Health Commission
on the compliance check investigations:
(a)
funded during the previous fiscal year; and
(b)
reimbursed under Subsection
(1)
.
Section 24. Section
63C-18-202
is amended to read:
63C-18-202
Effective
05/06/26
Repealed
12/31/26
. Committee established --
Members.
(1)
As used in this section, "department" means the Department of Health and Human
Services created in Section
26B-1-201
.
(1)
(2)
Under the Utah Behavioral Health Commission created in Section
26B-5-702
, there
is created the Behavioral Health Crisis Response Committee
, composed of the
following members:
.
(a)
the executive director of the Huntsman Mental Health Institute;
(b)
the governor or the governor's designee;
(c)
the director of the Office of Substance Use and Mental Health;
(d)
one representative of the Office of the Attorney General, appointed by the attorney
general;
(e)
the executive director of the Department of Health and Human Services or the
executive director's designee;
(f)
one member of the public, appointed by the chair of the committee and approved by
the committee;
(g)
two individuals who are mental or behavioral health clinicians licensed to practice
in the state, appointed by the chair of the committee and approved by the committee,
at least one of whom is an individual who:
(i)
is licensed as a physician under:
(A)
Title 58, Chapter 67, Utah Medical Practice Act;
(B)
Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
(C)
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(ii)
is board eligible for a psychiatry specialization recognized by the American
Board of Medical Specialists or the American Osteopathic Association's Bureau of
Osteopathic Specialists;
(h)
one individual who represents a county of the first or second class, appointed by the
Utah Association of Counties;
(i)
one individual who represents a county of the third, fourth, or fifth class, appointed
by the Utah Association of Counties;
(j)
one individual who represents the Utah Hospital Association, appointed by the chair
of the committee;
(k)
one individual who represents law enforcement, appointed by the chair of the
committee;
(l)
one individual who has lived with a mental health disorder, appointed by the chair of
the committee;
(m)
one individual who represents an integrated health care system that:
(i)
is not affiliated with the chair of the committee; and
(ii)
provides inpatient behavioral health services and emergency room services to
individuals in the state;
(n)
one individual who represents a Medicaid accountable care organization, as defined
in Section
26B-3-219
, with a statewide membership base;
(o)
one individual who represents 911 call centers and public safety answering points,
appointed by the chair of the committee;
(p)
one individual who represents Emergency Medical Services, appointed by the chair
of the committee;
(q)
one individual who represents the mobile wireless service provider industry,
appointed by the chair of the committee;
(r)
one individual who represents rural telecommunications providers, appointed by the
chair of the committee;
(s)
one individual who represents voice over internet protocol and land line providers,
appointed by the chair of the committee; and
(t)
one individual who represents the Utah League of Cities and Towns, appointed by
the Utah League of Cities and Towns.
(3)
The department, in consultation with the
Utah
Behavioral Health Commission, shall
make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, to establish the membership of the committee.
(2)
(4)
(a)
Except as provided in Subsection (2)(d), the executive director of the
Huntsman Mental Health Institute is the chair of the committee.
The committee shall
annually select one of the committee's members to serve as chair and two of the
committee's members to serve as vice chairs.
(b)
The chair of the committee shall appoint a member of the committee to serve as the
vice chair of the committee, with the approval of the committee.
(c)
(b)
The chair of the committee shall set the agenda for each committee meeting.
(d)
If the executive director of the Huntsman Mental Health Institute is not available to
serve as the chair of the committee, the committee shall elect a chair from among the
committee's members.
(3)
(5)
(a)
A majority of the members of the committee constitutes a quorum.
(b)
The action of a majority of a quorum constitutes the action of the committee.
(4)
(6)
A member may not receive compensation, benefits, per diem, or travel expenses for
the member's service on the committee.
(5)
(7)
The
Office of the Attorney General
Office of Substance Use and Mental Health

shall provide staff support to the committee.
Section 25. Section
63C-18-203
is amended to read:
63C-18-203
Effective
05/06/26
Repealed
12/31/26
. Committee duties.
(1)
Under the direction of the Utah Behavioral Health Commission created in Section
26B-5-702
, the committee shall:
(a)
identify a method to integrate existing local mental health crisis lines to ensure each
individual who accesses a local mental health crisis line is connected to a qualified
mental or behavioral health professional, regardless of the time, date, or number of
individuals trying to simultaneously access the local mental health crisis line;
(b)
study how to establish and implement a statewide mental health crisis line and a
statewide warm line, including identifying:
(i)
a statewide phone number or other means for an individual to easily access the
statewide mental health crisis line, including a short code for text messaging and a
three-digit number for calls;
(ii)
a statewide phone number or other means for an individual to easily access the
statewide warm line, including a short code for text messaging and a three-digit
number for calls;
(iii)
a supply of:
(A)
qualified mental or behavioral health professionals to staff the statewide
mental health crisis line; and
(B)
qualified mental or behavioral health professionals or certified peer support
specialists to staff the statewide warm line; and
(iv)
a funding mechanism to operate and maintain the statewide mental health crisis
line and the statewide warm line;
(c)
coordinate with local mental health authorities in fulfilling the committee's duties
described in Subsections (1)(a) and (b);
(d)
recommend standards for the certifications described in Section
26B-5-610
; and
(e)
coordinate services provided by local mental health crisis lines and mobile crisis
outreach teams, as defined in Section
62A-15-1401
.
(2)
(1)
The committee shall study and make recommendations regarding:
(a)
crisis line practices and needs, including:
(i)
quality and timeliness of service;
(ii)
service volume projections;
(iii)
a statewide assessment of crisis line staffing needs, including required
certifications; and
(iv)
a statewide assessment of technology needs;
(b)
primary duties performed by crisis line workers;
(c)
coordination or redistribution of secondary duties performed by crisis line workers,
including responding to non-emergency calls;
(d)
(a)
operating the statewide 988 hotline:
(i)
in accordance with federal law;
(ii)
to ensure the efficient and effective routing of calls to an appropriate crisis center;
and
(iii)
to directly respond to calls with trained personnel and the provision of acute
mental health, crisis outreach, and stabilization services;
(e)
(b)
opportunities to increase operational and technological efficiencies and
effectiveness between 988 and 911, utilizing current technology;
(f)
(c)
needs for interoperability partnerships and policies related to 911 call transfers
and public safety responses;
(g)
(d)
standards for statewide mobile crisis outreach teams, including:
(i)
current models and projected needs;
(ii)
quality and timeliness of service;
(iii)
hospital and jail diversions; and
(iv)
staffing and certification;
(h)
(e)
resource centers, including:
(i)
current models and projected needs; and
(ii)
quality and timeliness of service;
(i)
(f)
policy considerations related to whether the state should:
(i)
manage, operate, and pay for a complete behavioral health system; or
(ii)
create partnerships with private industry; and
(j)
(g)
sustainable funding source alternatives, including:
(i)
charging a 988 fee, including a recommendation on the fee amount;
(ii)
General Fund appropriations;
(iii)
other government funding options;
(iv)
private funding sources;
(v)
grants;
(vi)
insurance partnerships, including coverage for support and treatment after initial
call and triage; and
(vii)
other funding resources.
(2)
The committee shall monitor the effectiveness, quality, volume, and efficiency of the
statewide 988 crisis line.
(3)
The committee shall monitor crisis services throughout the state and make
recommendations for strategies for the expansion and continuous improvement of
quality standards for crisis services.
(3)
(4)
The committee may conduct other business related to the committee's duties
described in this section.
(4)
(5)
The committee shall consult with the Office of Substance Use and Mental Health
and make recommendations to the
Utah
Behavioral Health Commission
regarding:
(a)
the standards and operation of the statewide mental health crisis line and the
statewide warm line, in accordance with Section
26B-5-610
; and
(b)
the incorporation of the statewide mental health crisis line and the statewide warm
line into behavioral health systems throughout the state.
Section 26. Section
63I-1-226
is amended to read:
63I-1-226
Effective
05/06/26
. Repeal dates: Titles 26 through 26B.
(1)
Subsection
26B-1-204(2)(g)
, regarding the Youth Electronic Cigarette, Marijuana, and
Other Drug Prevention Committee, is repealed July 1, 2030.
(2)
Subsection
26B-1-204
(2)(h), regarding the Primary Care Grant Committee, is repealed
July 1, 2035.
(3)
Section
26B-1-315
, Medicaid ACA Fund, is repealed July 1, 2034.
(4)
Section
26B-1-318
, Brain and Spinal Cord Injury Fund, is repealed July 1, 2029.
(5)
Section
26B-1-402
, Rare Disease Advisory Council Grant Program -- Creation --
Reporting, is repealed July 1, 2026.
(6)
Section
26B-1-409
, Utah Digital Health Service Commission -- Creation -- Membership
-- Duties, is repealed July 1, 2025.
(7)
Section
26B-1-410
, Primary Care Grant Committee, is repealed July 1, 2035.
(8)
Section
26B-1-417
, Brain and Spinal Cord Injury Advisory Committee -- Membership
-- Duties, is repealed July 1, 2029.
(9)
Section
26B-1-422
, Early Childhood Utah Advisory Council -- Creation --
Compensation -- Duties, is repealed July 1, 2029.
(10)
Section
26B-1-425
, Utah Health Workforce Advisory Council -- Creation and
membership, is repealed July 1, 2027.
(11)
Section
26B-1-428
, Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
Committee and Program -- Creation -- Membership -- Duties, is repealed July 1, 2030.
(12)
Section
26B-1-430
, Coordinating Council for Persons with Disabilities -- Policy
regarding services to individuals with disabilities -- Creation -- Membership --
Expenses, is repealed July 1, 2027.
(13)
Section
26B-1-432
, Newborn Hearing Screening Committee, is repealed July 1, 2026.
(14)
Section
26B-2-407
, Drinking water quality in child care centers, is repealed July 1,
2027.
(15)
Subsection
26B-3-107(9)
, regarding reimbursement for dental hygienists, is repealed
July 1, 2028.
(16)
Section
26B-3-136
, Children's Health Care Coverage Program, is repealed July 1, 2025.
(17)
Section
26B-3-137
, Reimbursement for diabetes prevention program, is repealed June
30, 2027.
(18)
Subsection
26B-3-213(2)(b)
, regarding consultation with the Behavioral Health Crisis
Response Committee, is repealed December 31, 2026.
(19)
Section
26B-3-302
, DUR Board -- Creation and membership -- Expenses, is repealed
July 1, 2027.
(20)
Section
26B-3-303
, DUR Board -- Responsibilities, is repealed July 1, 2027.
(21)
Section
26B-3-304
, Confidentiality of records, is repealed July 1, 2027.
(22)
Section
26B-3-305
, Drug prior approval program, is repealed July 1, 2027.
(23)
Section
26B-3-306
, Advisory committees, is repealed July 1, 2027.
(24)
Section
26B-3-307
, Retrospective and prospective DUR, is repealed July 1, 2027.
(25)
Section
26B-3-308
, Penalties, is repealed July 1, 2027.
(26)
Section
26B-3-309
, Immunity, is repealed July 1, 2027.
(27)
Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1, 2034.
(28)
Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is repealed
July 1, 2034.
(29)
Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1, 2028.
(30)
Section
26B-3-910
, Alternative eligibility -- Report -- Alternative Eligibility
Expendable Revenue Fund, is repealed July 1, 2028.
(31)
Section
26B-4-710
, Rural residency training program, is repealed July 1, 2025.
(32)
Subsection
26B-5-112(1)(b)
, regarding consultation with the Behavioral Health Crisis
Response Committee, is repealed
December 31, 2026
July 1, 2029
.
(33)
Subsection
26B-5-112(5)(b)
, regarding consultation with the Behavioral Health Crisis
Response Committee, is repealed
December 31, 2026
July 1, 2029
.
(34)
Section
26B-5-112.5
, Mobile Crisis Outreach Team Grant Program, is repealed
December 31, 2026.
(35)
Section
26B-5-114
, Behavioral Health Receiving Center Grant Program, is repealed
December 31, 2026.
(36)
Section
26B-5-118
, Collaborative care grant program, is repealed December 31, 2024.
(37)
Section
26B-5-120
, Virtual crisis outreach team grant program, is repealed December
31, 2026.
(38)
Subsection
26B-5-609(1)(a)
, regarding the Behavioral Health Crisis Response
Committee, is repealed
December 31, 2026
July 1, 2029
.
(39)
Subsection
26B-5-609(3)(b)
, regarding the Behavioral Health Crisis Response
Committee, is repealed
December 31, 2026
July 1, 2029
.
(40)
Subsection
26B-5-610(1)(b)
, regarding the Behavioral Health Crisis Response
Committee, is repealed
December 31, 2026
July 1, 2029
.
(41)
Subsection
26B-5-610(2)(b)(ii)
, regarding the Behavioral Health Crisis Response
Committee, is repealed
December 31, 2026
July 1, 2029
.
(42)
Section
26B-5-612
, Integrated behavioral health care grant programs, is repealed
December 31, 2025.
(43)
Title 26B, Chapter 5, Part 7, Utah Behavioral Health Commission, is repealed July 1,
2029.
(44)
Subsection
26B-5-704(2)(a)
, regarding the Behavioral Health Crisis Response
Committee, is repealed
December 31, 2026
July 1, 2029
.
(45)
Title 26B, Chapter 5, Part 8,
Utah
Substance Use and Mental Health Advisory
Utah
Behavioral Health Policy Review
Committee, is repealed
January 1, 2033
July 1, 2029
.
(46)
Section
26B-7-119
, Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
(47)
Section
26B-7-122
, Communication Habits to reduce Adolescent Threats Pilot
Program, is repealed July 1, 2029.
(48)
Section
26B-7-123
, Report on CHAT campaign, is repealed July 1, 2029.
(49)
Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1, 2026.
Section 27. Section
63I-1-232
is amended to read:
63I-1-232
Effective
05/06/26
. Repeal dates: Title 32B.
(1)
Subsection 32B-2-306(1)(a), regarding the Utah Substance Use and Mental Health
Advisory Committee, is repealed January 1, 2033.
(2)
Subsection 32B-2-306(4)(a), regarding a duty of the Utah Substance Use and Mental
Health Advisory Committee, is repealed January 1, 2033.
(3)
Subsection 32B-2-306(5)(b), regarding a submission to the Utah Substance Use and
Mental Health Advisory Committee, is repealed January 1, 2033.
(4)
Subsection 32B-2-402(1)(b), regarding the Utah Substance Use and Mental Health
Advisory Committee, is repealed January 1, 2033.
Subsection
32B-2-402(1)(d)
,
regarding the Behavioral Health Commission, is repealed July 1, 2029.
Section 28. Section
63I-1-263
is amended to read:
63I-1-263
Effective
05/06/26
. Repeal dates: Titles 63A to 63O.
(1)
Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1,
2028.
(2)
Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed
December 31, 2026
July 1, 2029
.
(3)
Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027.
(4)
Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
(5)
Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
(6)
Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July
1, 2028.
(7)
Section
63G-6a-805
, Purchase from community rehabilitation programs, is repealed
July 1, 2026.
(8)
Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1, 2028.
(9)
Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1, 2029.
(10)
Subsection
63J-1-602.2(16)
, related to the Communication Habits to reduce
Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029.
(11)
Subsection
63J-1-602.2(26)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(12)
Section
63L-11-204
, Canyon resource management plan, is repealed July 1, 2027.
(13)
Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(14)
Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is
repealed July 1, 2027.
(15)
Section
63M-7-902
, Creation -- Membership -- Terms -- Vacancies -- Expenses, is
repealed July 1, 2029.
(16)
Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
(17)
Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(18)
Subsection
63N-2-511(1)(b)
, regarding the Board of Tourism Development, is
repealed July 1, 2030.
(19)
Section
63N-2-512
, Hotel Impact Mitigation Fund, is repealed July 1, 2028.
(20)
Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is repealed July
1, 2027.
(21)
Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
repealed July 1, 2028.
(22)
Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed July
1, 2028.
(23)
Section
63N-4-804
, Rural Opportunity Advisory Committee, is repealed July 1, 2027.
(24)
Subsection
63N-4-805(5)(b)
, regarding the Rural Employment Expansion Program, is
repealed July 1, 2028.
(25)
Subsection
63N-7-101(1)
, regarding the Board of Tourism Development, is repealed
July 1, 2030.
(26)
Subsection
63N-7-102(3)(c)
, regarding a requirement for the Utah Office of Tourism
to receive approval from the Board of Tourism Development, is repealed July 1, 2030.
(27)
Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1, 2030.
Section 29. Section
64-13-45
is amended to read:
64-13-45
Effective
05/06/26
. Department reporting requirements.
(1)
As used in this section:
(a)
"Biological sex at birth" means the same as that term is defined in Section
26B-8-101
.
(b)
(i)
"In-custody death" means an inmate death that occurs while the inmate is in the
custody of the department.
(ii)
"In-custody death" includes an inmate death that occurs while the inmate is:
(A)
being transported for medical care; or
(B)
receiving medical care outside of a correctional facility, other than a county
jail.
(c)
"Inmate" means an individual who is processed or booked into custody or housed in
the department or a correctional facility other than a county jail.
(d)
"Opiate" means the same as that term is defined in Section
58-37-2
.
(e)
"Transgender inmate" means the same as that term is defined in Section
64-13-7
.
(2)
The department shall submit a report to the Commission on Criminal and Juvenile
Justice created in Section
63M-7-201
before June 15 of each year that includes:
(a)
the number of in-custody deaths that occurred during the preceding calendar year,
including:
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors
of each of the in-custody deaths described in Subsection
(2)(a)
; and
(ii)
the department's policy for notifying an inmate's next of kin after the inmate's
in-custody death;
(b)
the department policies, procedures, and protocols:
(i)
for treatment of an inmate experiencing withdrawal from alcohol or substance use,
including use of opiates;
(ii)
that relate to the department's provision, or lack of provision, of medications used
to treat, mitigate, or address an inmate's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii)
that relate to screening, assessment, and treatment of an inmate for a substance
use disorder or mental health disorder;
(c)
the number of inmates who gave birth and were restrained in accordance with
Section
64-13-46
, including:
(i)
the types of restraints used; and
(ii)
whether the use of restraints was to prevent escape or to ensure the safety of the
inmate, medical or corrections staff, or the public;
(d)
the number of transgender inmates that are assigned to a living area with inmates
whose biological sex at birth do not correspond with the transgender inmate's
biological sex at birth in accordance with Section
64-13-7
, including:
(i)
the results of the individualized security analysis conducted for each transgender
inmate in accordance with Subsection
64-13-7(5)(a)
; and
(ii)
a detailed explanation regarding how the security conditions described in
Subsection
64-13-7(5)(b)
are met for each transgender inmate;
(e)
the number of transgender inmates that were:
(i)
assigned to a living area with inmates whose biological sex at birth do not
correspond with the transgender inmate's biological sex at birth; and
(ii)
removed and assigned to a living area with inmates whose biological sex at birth
corresponds with the transgender inmate's biological sex at birth in accordance
with Subsection
64-13-7(6)
; and
(f)
any report the department provides or is required to provide under federal law or
regulation relating to inmate deaths.
(3)
The Commission on Criminal and Juvenile Justice shall:
(a)
compile the information from the reports described in Subsection
(2)
;
(b)
omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law ; and
(c)
submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the
Utah Substance Use and Mental Health Advisory Committee
Utah Behavioral Health Commission
before November 1 of each year.
(4)
The Commission on Criminal and Juvenile Justice may not provide access to or use the
department's policies, procedures, or protocols submitted under this section in a manner
or for a purpose not described in this section.
Section 30. Section
77-18-106
is amended to read:
77-18-106
Effective
05/06/26
. Treatment at the Utah State Hospital --
Condition of probation or stay of sentence.
The court may order as a condition of probation, or a stay of sentence, that the defendant
be voluntarily admitted to the custody of the Office of Substance Use and Mental Health for
treatment at the Utah State Hospital only if the superintendent of the Utah State Hospital, or
the superintendent's designee, certifies to the court that:
(1)
the defendant is appropriate for, and can benefit from, treatment at the Utah State
Hospital;
(2)
there is space at the Utah State Hospital for treatment of the defendant; and
(3)
individuals described in Subsection
26B-5-306(2)(g)
26B-5-306(3)(g)
are receiving
priority for treatment over the defendant.
Section 31.
FY 2027 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
2026, and ending June 30, 2027. These are additions to amounts previously appropriated for
fiscal year 2027.
Subsection 31(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
SOCIAL SERVICES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ITEM 1
Department of Health and Human Services - Integrated Health Care Services
From General Fund
17,550,500
From General Fund, One-time
97,100,500
Non-Medicaid Behavioral Health Treatment and
Crisis Response
24,151,000
State Hospital
90,500,000
The Legislature intends that the Department of
Health and Human Services use:
(1) $88,000,000 one-time appropriation, and
$2,500,000 ongoing appropriation for the establishment
and maintenance of 30 adult patient beds at the Utah
State Hospital, including at least 12 and up to 30 beds for
patients with a primary diagnosis of a neurological
disorder.
(2) $1,600,000 one-time appropriation and
$1,600,000 ongoing appropriation for two new Mobile
Crisis Outreach Teams.
(3) $6,900,000 one-time appropriation and
$2,400,000 ongoing appropriation for up to two new
rural behavioral health receiving centers.
(4) $10,000,000 ongoing appropriation for the
community-based peer support services grant program
created in Section 26B-5-122.
(5) $600,000 one-time appropriation for up to
five pilot projects in rural areas to fund innovative and
more humane ways to transport individuals experiencing
a behavioral health crisis between medical settings.
(6) $100,000 ongoing appropriation for suicide
prevention training under Section 26B-5-611.
(7) $850,000 ongoing appropriation for Utah's
statewide Live On suicide prevention campaign.
(8) $100,000 ongoing to increase Medicaid rates
for collaborative care codes.
ITEM 2
Department of Health and Human Services - Clinical Services
From General Fund
299,700
Medical Examiner
299,700
The Legislature intends that the Department of
Health and Human Services use the appropriation in this
item to fund a family outreach specialist at the Office of
the Medical Examiner.
Section 32.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-12-26 9:42 AM