Behavioral Health, Mental Health, and Social Services Amendments

95
17-72-408
26B-1-325
26B-1-425
26B-1-427
26B-1-428
26B-2-135
26B-4-1103
26B-4-1104
26B-5-121
26B-5-122
26B-5-331
26B-5-332
26B-5-351
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
35A-16-212
35A-16-401
35A-16-1301
59-12-205
63C-18-202
63C-18-203
63I-1-226
63I-1-232
63I-1-263
64-13-45
17-72-408
26B-1-325
26B-1-425
26B-1-427
26B-1-428
26B-2-135
26B-4-1103
26B-4-1104
26B-5-121
26B-5-122
26B-5-331
26B-5-332
26B-5-351
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
35A-16-212
35A-16-401
35A-16-1301
59-12-205
63C-18-202
63C-18-203
63I-1-226
63I-1-232
63I-1-263
64-13-45
2
Behavioral Health, Mental Health, and Social Services Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill addresses social services interventions, including for behavioral health, mental
health, and homelessness.
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);
requires the Office of Licensing within the Department of Health and Human Services
(department) to make rules related to a behavioral health receiving center's
communication with prosecutors and law enforcement regarding a justice involved
individual's participation in the behavioral health receiving center's treatment program;
requires the department to provide a list of mental health and substance use disorder
screening tools used in jails;
requires the department to create a standard form for justice involved individuals to
consent to disclosure of a mental health disorder or substance use disorder to certain
persons, including health care providers, first responders, courts, local health authorities,
county pretrial and parole services, and the Division of Adult Probation and Parole;
permits first responders to provide an electronic list of local mental health services to
certain individuals under certain circumstances;
creates a community-based peer support specialist program;
amends provisions related to involuntary commitment and court ordered assisted
outpatient treatment for mental illness;
requires the department to maintain a database of involuntary commitments;
amends the duties of the Behavioral Health Commission (commission), including adding
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
(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;
permits a service provider to expand a congregate shelter's bed capacity limit under
certain conditions;
changes provisions related to participating local government tax revenue distributions for
homeless shelters;
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
$750,000
in operating and capital budgets for fiscal year 2027, all of
which is from the General Fund.
Other Special Clauses:
This bill provides a special effective date.
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-2-135
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 499
26B-5-121
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 16
26B-5-331
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 118,
277, 340, and 470
26B-5-332
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 46, 118
26B-5-351
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
35A-16-212
Effective
05/06/26
Repealed
07/01/28
, as enacted by Laws of Utah 2025,
Chapter 41
35A-16-401
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapters 204,
338 and 438
59-12-205
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapters 490,
495
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
ENACTS:
26B-4-1103
Effective
05/06/26
, Utah Code Annotated 1953
26B-4-1104
Effective
05/06/26
, Utah Code Annotated 1953
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
35A-16-1301
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;
and
(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-2-135
is amended to read:
26B-2-135
Effective
05/06/26
. Licensing behavioral health receiving centers.
(1)
As used in this section:
(a)
"Diversion" means referral to a licensed center by a law enforcement agency, a law
enforcement officer, or by court order:
(i)
under the terms of a diversion agreement described in Section
77-2-5
;
(ii)
as a voluntary referral as described in Section
26B-5-121
;
(iii)
as an alternative to penalties for a violation of probation or parole; or
(iv)
by any other court ordered or law enforcement facilitated alternative to criminal
penalties.
(b)
"Diversion contact" means the prosecuting attorney that is a party to a diversion
agreement or the law enforcement agency or officer that facilitates the diversion.
(c)
"Justice involved individual" means an individual who enters a treatment program
through diversion.
(d)
"Licensed center" means a behavioral health receiving center licensed under this part.
(e)
"Local mental health authority" means a local mental health authority described in
Section
17-77-301
.
(f)
"Responsible law enforcement agency" means the law enforcement agency that
employs a law enforcement officer that facilitates an individual's connection with a
licensed center as described in Section
26B-5-121
.
(g)
"Treatment program" means a licensed center's program for providing mental health
services to an individual experiencing a mental health crisis.
(2)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
Section
63J-1-504
, the office:
(1)
(a)
shall
adopt
make
and enforce rules to establish the process for initial and
renewal applications to operate a behavioral health receiving center;
(2)
(b)
may assess and collect application and renewal fees for behavioral health
receiving center licenses;
and
(3)
(c)
shall deposit any fees collected under Subsection
(2)
(2)(b)
into the General
Fund as a dedicated credit to be used solely to pay for or offset the office's costs
incurred in performing the duties under this section
.
; and
(d)
shall make rules that:
(i)
identify circumstances under which a licensed center shall notify a responsible law
enforcement agency or diversion contacts of a justice involved individual's status
in a treatment program, including to provide notification:
(A)
of treatment recommendations for the justice involved individual;
(B)
if the justice involved individual is actively participating in the treatment
program;
(C)
if the justice involved individual is resisting participation in the treatment
program;
(D)
if applicable, if the justice involved individual violates the terms of a
diversion agreement related to the justice involved individual's participation in
the treatment program;
(E)
within 24 hours after the justice involved individual leaves the treatment
program, if the justice involved individual leaves the treatment program against
the licensed center's advice; and
(F)
if applicable, of the name of the health care provider to whom the licensed
center referred the justice involved individual for further treatment; and
(ii)
require a licensed center to adopt a policy to implement the notification
requirements described in Subsection
(2)(d)(i)
.
(3)
(a)
Rules the office makes in accordance with Subsection
(2)(d)
may not require the
licensed center to notify a responsible law enforcement agency or diversion contact
of the status of a justice involved individual after the licensed center has referred the
justice involved individual to another health care provider.
(b)
The office shall make the rules described in this Subsection
(2)
in coordination with
licensed centers, local mental health authorities, law enforcement agencies, and
diversion contacts.
Section 7. Section
26B-4-1103
is enacted to read:
26B-4-1103
Effective
05/06/26
. Mental health and substance use disorder
screening
tools
.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(b)
"Screening tool" means the evidence-based screening tool to screen an inmate for
substance use disorders described in Subsection
17-72-501(2)(e)
.
(2)
(a)
In collaboration with the commission, the department shall provide a list of
screening tools.
(b)
The department shall ensure that a recommended screening tool described in
Subsection
(2)(a)
is:
(i)
evidence-based, standardized, and validated; and
(ii)
able to screen for substance use and mental health disorders and risk of substance
use and mental health disorders.
Section 8. Section
26B-4-1104
is enacted to read:
26B-4-1104
Effective
05/06/26
. Mental health and substance use disorder
disclosure -- Standard form --Consent -- Sharing.
(1)
As used in this section:
(a)
"Board of Pardons and Parole" means the Board of Pardons and Parole created in
Section
77-27-2
.
(b)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(c)
"County pretrial and probation services" means county-provided probation services
as described in Section
17-72-601
.
(d)
"Defendant" means an individual who has been charged with a criminal offense, or
been convicted of, or entered into a plea disposition for, criminal conduct.
(e)
"Department of Corrections" means the Department of Corrections created in Section
64-13-2
.
(f)
"Division of Adult Probation and Parole" means the Division of Adult Probation and
Parole created in Section
64-14-202
.
(g)
"First responder" means the same as that term is defined in Section
26B-5-121
.
(h)
"Health care provider" means the same as that term is defined in Section
78B-3-403
.
(i)
"HIPAA" means
the Health Insurance Portability and Accountability Act of 1996,
Pub. L. No. 104-191, 110 Stat. 1936, as amended
.
(j)
"Parolee" means an individual on parole under the supervision of the Division of
Adult Probation and Parole.
(k)
"Probationer" means an individual on probation under the supervision of the
Division of Adult Probation and Parole or county pretrial and probation services.
(2)
Before December 31, 2026, the department shall create a standard form that:
(a)
is compliant with HIPAA and 42 C.F.R. Part 2; and
(b)
a defendant, an inmate, a parolee, or a probationer may use to consent to the
disclosure of the individual's mental health disorder or substance use disorder
diagnosis to:
(i)
health care providers;
(ii)
first responders;
(iii)
the courts;
(iv)
the Board of Pardons and Parole;
(v)
the Department of Corrections;
(vi)
the Division of Adult Probation and Parole;
(vii)
county pretrial and probation services;
(viii)
local mental health authorities; or
(ix)
other persons the department, in consultation with the commission, identifies in
rules made in accordance with Subsection
(5)
.
(3)
The form described in Subsection
(2)
shall:
(a)
include fields for the inmate's name, date of birth, signature, and date of signature;
(b)
identify each person described in Subsection
(2)(b)
to whom the individual's
diagnosis information will be disclosed;
(c)
describe the circumstances under which the individual's diagnosis information will
be disclosed; and
(d)
identify the duration of time that the consent to disclosure is valid.
(4)
The department shall make the form available for use by health care providers, first
responders, courts, the Board of Pardons and Parole, the Department of Corrections, and
the Division of Adult Probation and Parole.
(5)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department, in consultation with the commission, shall make rules to:
(a)
develop and implement standards and processes that comply with applicable state
and federal laws and regulations for creating a release waiver that allows an

individual's records to be used and disclosed in civil, criminal, administrative, or
legislative proceedings;
(b)
define and restrict a person's access to the information disclosed in the form, which
shall be based on:
(i)
the person's need to access the information to provide treatment or services to an
individual;
(ii)
the person's contact with the individual;
(iii)
the individual's consent; and
(iv)
applicable law; and
(c)
identify additional persons for inclusion on the disclosure form as described in
Subsection
(2)(b)(ix)
.
Section 9. Section
26B-5-121
is amended to read:
26B-5-121
Effective
05/06/26
. Voluntary referrals to substance use and mental
health services by first responders -- Immunity from liability -- Reporting -- Rulemaking.
(1)
As used in this section:
(a)
"First responder" means:
(i)
a law enforcement officer, as that term is defined in Section
53-13-103
;
(ii)
emergency medical service personnel, as that term is defined in Section
53-2d-101
;
(iii)
an emergency medical technician, as that term is defined in Section
53-2e-101
;
(iv)
an advanced emergency medical technician, as that term is defined in Section
53-2e-101
;
(v)
a firefighter, as that term is defined in Section
53H-11-306
; or
(vi)
a dispatcher, as that term is defined in Section
53-6-102
.
(b)
"Local services list" means a comprehensive list of local substance use or mental
health services, as described in Subsections
17-77-201(5)(b)(iii)
and
17-77-301(5)(c)
.
(2)
As and when appropriate, a first responder is encouraged to offer a referral to substance
use or mental health services to an individual who experiences an intentional or
accidental overdose.
(3)
If an individual expresses interest in substance use or mental health services, a first
responder may, as appropriate:
(a)
facilitate a real-time connection with an appropriate local service provider;
(b)
contact the statewide 988 crisis line for assistance; or
(c)
if the individual does not wish to speak with a service provider at that time, provide
the individual with a physical copy
or electronic copy
of a local services list.
(4)
(a)
This section does not create a duty for a first responder to offer or provide a
referral to substance use or mental health services.
(b)
A first responder and an employer of a first responder are not liable under this
section for a first responder's action or failure to act in regards to offering or
providing a referral to substance use or mental health services as described in this
section.
(c)
This section does not affect any privilege or immunity from liability, exemption from
law, ordinance, or rule, or any other benefit that applies to a first responder or an
employer of a first responder.
(5)
(a)
If a first responder offers a referral to substance use or mental health services as
described in this section, the first responder's employer shall report annually to the
division the total number of individuals who accepted a referral from all first
responders employed by the employer.
(b)
The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, specifying how the reports required by Subsection
(5)(a)
shall be submitted.
Section 10. 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 11. Section
26B-5-331
is amended to read:
26B-5-331
Effective
05/06/26
. Temporary commitment -- Requirements and
procedures -- Rights.
(1)
An adult shall be temporarily, involuntarily committed to a local mental health authority
upon:
(a)
a written application that:
(i)
is completed by a responsible individual who has reason to know, stating a belief
that the adult, due to mental illness, is likely to pose substantial danger to self or
others if not restrained and stating the personal knowledge of the adult's condition
or circumstances that lead to the individual's belief; and
(ii)
includes a certification by a licensed physician, licensed physician assistant,
licensed nurse practitioner, or designated examiner stating that the physician,
physician assistant, nurse practitioner, or designated examiner has examined the
adult within a three-day period
immediately
preceding
the certification, and that
the physician, physician assistant, nurse practitioner, or designated examiner is of
the opinion that, due to mental illness, the adult poses a substantial danger to self
or others; or
(b)
a peace officer or a mental health officer:
(i)
observing an adult's conduct that gives the peace officer or mental health officer
probable cause to believe that:
(A)
the adult has a mental illness; and
(B)
because of the adult's mental illness and conduct, the adult poses a substantial
danger to self or others; and
(ii)
completing a temporary commitment application that:
(A)
is on a form prescribed by the division;
(B)
states the peace officer's or mental health officer's belief that the adult poses a
substantial danger to self or others;
(C)
states the specific nature of the danger;
(D)
provides a summary of the observations upon which the statement of danger is
based; and
(E)
provides a statement of the facts that called the adult to the peace officer's or
mental health officer's attention.
(2)
If at any time a patient committed under this section no longer meets the commitment
criteria described in Subsection
(1)
, the local mental health authority's designee shall:
(a)
document the change and release the patient; and
(b)
if the patient was admitted under Subsection
(1)(b)
, notify the local mental health
authority of the patient's release if deemed appropriate by a licensed health care
provider or if the patient consents to the information being shared.
(3)
A patient committed under this section may be held for a maximum of 72 hours after
commitment, excluding Saturdays, Sundays, and state holidays, unless:
(a)
as described in Section
26B-5-332
, an application for involuntary commitment is
commenced, which may be accompanied by an order of detention described in
Subsection
26B-5-332(4)
; or
(b)
the patient makes a voluntary application for admission.
(4)
Upon a written application described in Subsection
(1)(a)
or the observation and belief
described in Subsection
(1)(b)(i)
, the adult shall be:
(a)
taken into a peace officer's protective custody, by reasonable means, if necessary for
public safety; and
(b)
transported for temporary commitment to a facility designated by the local mental
health authority, by means of:
(i)
an ambulance, if the adult meets any of the criteria described in Section
53-2d-405
;
(ii)
an ambulance, if a peace officer is not necessary for public safety, and
transportation arrangements are made by a physician, physician assistant, nurse
practitioner, designated examiner, or mental health officer;
(iii)
the city, town, or municipal law enforcement authority with jurisdiction over the
location where the adult is present, if the adult is not transported by ambulance;
(iv)
the county sheriff, if the designated facility is outside of the jurisdiction of the
law enforcement authority described in Subsection
(4)(b)(iii)
and the adult is not
transported by ambulance; or
(v)
nonemergency secured behavioral health transport as that term is defined in
Section
53-2d-101
.
(5)
Notwithstanding Subsection
(4)
:
(a)
an individual shall be transported by ambulance to an appropriate medical facility for
treatment if the individual requires physical medical attention;
(b)
if an officer has probable cause to believe, based on the officer's experience and
de-escalation training that taking an individual into protective custody or transporting
an individual for temporary commitment would increase the risk of substantial
danger to the individual or others, a peace officer may exercise discretion to not take
the individual into custody or transport the individual, as permitted by policies and
procedures established by the officer's law enforcement agency and any applicable
federal or state statute, or case law; and
(c)
if an officer exercises discretion under Subsection
(4)(b)
to not take an individual
into protective custody or transport an individual, the officer shall document in the
officer's report the details and circumstances that led to the officer's decision.
(6)
(a)
The local mental health authority
or the local mental health authority's designee
shall inform an adult patient committed under this section of the reason for
commitment.
(b)
An adult patient committed under this section has the right to:
(i)
within three hours after arrival at the local mental health authority, make a
telephone call, at the expense of the local mental health authority, to an individual
of the patient's choice; and
(ii)
see and communicate with an attorney.
(7)
(a)
Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this section.
(b)
This section does not create a special duty of care.
(8)
(a)
A local mental health authority or the local mental health authority's designee
shall provide discharge instructions to each individual committed under this section
at or before the time the individual is discharged from the local mental health
authority's custody, regardless of whether the individual is discharged by being
released, taken into a peace officer's protective custody, transported to a medical
facility or other facility, or other circumstances.
(b)
Discharge instructions provided under Subsection
(8)(a)
shall include:
(i)
a safety plan for the individual based on the individual's mental illness or mental
or emotional state, if applicable;
(ii)
notification to the individual's primary care provider, if applicable;
(iii)
if the individual is discharged without food, housing, or economic security, a
referral to appropriate services, if such services exist in the individual's
community;
(iv)
the phone number to call or text for a crisis services hotline, and information
about the availability of peer support services;
(v)
a copy of any psychiatric advance directive, if applicable;
(vi)
information about how to establish a psychiatric advance directive if one has not
been completed;
(vii)
as applicable, information about medications that were changed or discontinued
during the commitment;
(viii)
information about how to contact the local mental health authority if needed;
and
(ix)
information about how to request a copy of the individual's medical record and
how to access the electronic patient portal for the individual's medical record.
(c)
If an individual's medications were changed, or if an individual was prescribed new
medications while committed under this section, discharge instructions provided
under Subsection
(8)(a)
shall include a clinically appropriate supply of medications,
as determined by a licensed health care provider, to allow the individual time to
access another health care provider or follow-up appointment.
(d)
Discharge instructions shall be provided in paper or electronic format based on the
individual's preference.
(e)
If an individual refuses to accept discharge instructions, the local mental health
authority or the local mental health authority's designee shall document the refusal in
the individual's medical record.
(f)
If an individual's discharge instructions include referrals to services under Subsection
(8)(b)(iii)
, the local mental health authority or the local mental health authority's
designee shall document those referrals in the individual's medical record.
(g)
The local mental health authority shall attempt to follow up with a discharged
individual at least 48 hours after discharge, when appropriate, and may use peer
support professionals when performing follow-up care or developing a continuing
care plan.
Section 12. Section
26B-5-332
is amended to read:
26B-5-332
Effective
05/06/26
. Involuntary commitment under court order --
Examination -- Hearing -- Power of court -- Findings required -- Costs.
(1)
A responsible individual who has credible knowledge of an adult's mental illness and
the condition or circumstances that have led to the adult's need to be involuntarily
committed may initiate an involuntary commitment court proceeding by filing, in the
court in the county where the proposed patient resides or is found, a written application
that includes:
(a)
unless the court finds that the information is not reasonably available, the proposed
patient's:
(i)
name;
(ii)
date of birth; and
(iii)
social security number;
(b)
(i)
a certificate of a licensed physician or a designated examiner stating that within
the seven-day period immediately
preceding
the certification, the physician or
designated examiner examined the proposed patient and is of the opinion that the
proposed patient has a mental illness and should be involuntarily committed; or
(ii)
a written statement by the applicant that:
(A)
the proposed patient has been requested to, but has refused to, submit to an
examination of mental condition by a licensed physician or designated
examiner;
(B)
is sworn to under oath; and
(C)
states the facts upon which the application is based; and
(c)
a statement whether the proposed patient has previously been under an assisted
outpatient treatment order, if known by the applicant.
(2)
Before issuing a judicial order, the court:
(a)
shall require the applicant to consult with the appropriate local mental health
authority at or before the hearing; and
(b)
may direct a mental health professional from the local mental health authority to
interview the applicant and the proposed patient to determine the existing facts and
report the existing facts to the court.
(3)
The court may issue an order, directed to a mental health officer or peace officer, to
immediately place a proposed patient in the custody of a local mental health authority or
in a temporary emergency facility, as described in Section
26B-5-334
, to be detained for
the purpose of examination if:
(a)
the court finds from the application, any other statements under oath, or any reports
from a mental health professional that there is a reasonable basis to believe that the
proposed patient has a mental illness that poses a danger to self or others and requires
involuntary commitment pending examination and hearing; or
(b)
the proposed patient refuses to submit to an interview with a mental health
professional as directed by the court or to go to a treatment facility voluntarily.
(4)
(a)
The court shall provide notice of commencement of proceedings for involuntary
commitment, setting forth the allegations of the application and any reported facts,
together with a copy of any official order of detention, to a proposed patient before,
or upon, placement of the proposed patient in the custody of a local mental health
authority or, with respect to any proposed patient presently in the custody of a local
mental health authority whose status is being changed from voluntary to involuntary,
upon the filing of an application for that purpose with the court.
(b)
The place of detention shall maintain a copy of the order of detention.
(5)
(a)
The court shall provide notice of commencement of proceedings for involuntary
commitment as soon as practicable to the applicant, any legal guardian, any
immediate adult family members, legal counsel for the parties involved, the local
mental health authority or the local mental health authority's designee, and any other
persons whom the proposed patient or the court designates.
(b)
Except as provided in Subsection
(5)(c)
, the notice under Subsection
(5)(a)
shall
advise the persons that a hearing may be held within the time provided by law.
(c)
If the proposed patient refuses to permit release of information necessary for
provisions of notice under this subsection, the court shall determine the extent of
notice.
(6)
Proceedings for commitment of an individual under 18 years old to a local mental health
authority may be commenced in accordance with Part 4, Commitment of Persons Under
Age 18.
(7)
(a)
The court may, in the court's discretion, transfer the case to any other district court
within this state, if the transfer will not be adverse to the interest of the proposed
patient.
(b)
If a case is transferred under Subsection
(7)(a)
, the parties to the case may be
transferred and the local mental health authority may be substituted in accordance
with Utah Rules of Civil Procedure, Rule 25.
(8)
Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a
judicial order, or after commitment of a proposed patient to a local mental health
authority or the local mental health authority's designee under court order for detention
or examination, the court shall appoint two designated examiners:
(a)
who did not sign the civil commitment application nor the civil commitment
certification under Subsection
(1)
;
(b)
one of whom is:
(i)
a licensed physician; or
(ii)
a psychiatric mental health nurse practitioner or a psychiatric mental health
clinical nurse specialist who:
(A)
is nationally certified;
(B)
is doctorally trained; and
(C)
has at least two years of inpatient mental health experience, regardless of the
license the individual held at the time of that experience; and
(c)
one of whom may be designated by the proposed patient or the proposed patient's
counsel, if that designated examiner is reasonably available.
(9)
The court shall schedule a hearing to be held within 10 calendar days after the day on
which the designated examiners are appointed.
(10)
(a)
The designated examiners shall conduct the examinations separately.
(b)
The designated examiners shall conduct the examinations:
(i)
through telehealth unless the designated examiner determines that:
(A)
a telehealth examination would not be sufficient to properly assess the
proposed patient;
(B)
a telehealth examination would have a harmful effect on the proposed patient's
health; or
(C)
an in-person examination can be conducted as effectively, conveniently, and
timely as an examination through telehealth; and
(ii)
if the designated examiner determines,
pursuant to
in accordance with

Subsection
(10)(b)(i)
, that the examination should be conducted in person, at the
home of the proposed patient, at a hospital or other medical facility, or at any
other suitable place that is not likely to have a harmful effect on the proposed
patient's health.
(c)
The designated examiners shall inform the proposed patient, if not represented by an
attorney:
(i)
that the proposed patient does not have to say anything;
(ii)
of the nature and reasons for the examination;
(iii)
that the examination was ordered by the court;
(iv)
that any information volunteered could form part of the basis for the proposed
patient's involuntary commitment;
(v)
that findings resulting from the examination will be made available to the court;
and
(vi)
that the designated examiner may, under court order, obtain the proposed
patient's mental health records.
(d)
Within 24 hours of examining the proposed patient, a designated examiner shall
report to the court, orally or in writing, whether the proposed patient is mentally ill,
has agreed to voluntary commitment, as described in Section
26B-5-360
, or has
acceptable programs available to the proposed patient without court proceedings.
(e)
If a designated examiner reports orally under Subsection
(10)(d)
, the designated
examiner shall immediately send a written report to the clerk of the court.
(11)
If a designated examiner is unable to complete an examination on the first attempt
because the proposed patient refuses to submit to the examination, the court shall fix a
reasonable compensation to be paid to the examiner.
(12)
If the local mental health authority, the local mental health authority's designee, or a
medical examiner determines before the court hearing that the conditions justifying the
findings leading to a commitment hearing no longer exist, the local mental health
authority, the local mental health authority's designee, or the medical examiner shall
immediately report the determination to the court.
(13)
(a)
The court shall terminate the proceedings and dismiss the application before the
hearing if both designated examiners inform the court that the proposed patient does
not meet the criteria in Subsection
(16)
.
(b)
The court may terminate the proceedings and dismiss the application at any time,
including before the hearing, if the designated examiners or the local mental health
authority or the local mental health authority's designee informs the court that the
proposed patient:
(i)
has agreed to voluntary commitment, as described in Section
26B-5-360
;
(ii)
has acceptable options for treatment programs that are available without court
proceedings; or
(iii)
meets the criteria for assisted outpatient treatment described in Section
26B-5-351
.
(14)
(a)
Before the hearing, the court shall provide the proposed patient an opportunity to
be represented by counsel, and if neither the proposed patient nor others provide
counsel, the court shall appoint counsel and allow counsel sufficient time to consult
with the proposed patient before the hearing.
(b)
In the case of an indigent proposed patient, the county in which the proposed patient
resides or is found shall make payment of reasonable attorney fees for counsel, as
determined by the court.
(15)
(a)
(i)
The court shall afford the proposed patient, the applicant, and any other
person to whom notice is required to be given an opportunity to appear at the
hearing, to testify, and to present and cross-examine witnesses.
(ii)
The court may, in the court's discretion, receive the testimony of any other person.
(iii)
The court may allow a waiver of the proposed patient's right to appear for good
cause, which cause shall be set forth in the record, or an informed waiver by the
patient, which shall be included in the record.
(b)
The court is authorized to exclude any person not necessary for the conduct of the
proceedings and may, upon motion of counsel, require the testimony of each
designated examiner to be given out of the presence of any other designated
examiners.
(c)
The court shall:
(i)
conduct the hearing in as informal a manner as may be consistent with orderly
procedure; and
(ii)
while preserving the due process rights of the proposed patient:
(A)
conduct the hearing remotely, in accordance with Utah Rules of Civil
Procedure, Rule 87, unless the court finds good cause under Rule 87 not to
conduct the hearing remotely; or
(B)
if the court finds good cause under Rule 87 not to conduct the hearing
remotely, conduct the hearing in a physical setting that is not likely to have a
harmful effect on the mental health of the proposed patient.
(d)
The court shall consider any relevant historical and material information that is
offered, subject to the rules of evidence, including reliable hearsay under Utah Rules
of Evidence, Rule 1102.
(e)
(i)
A local mental health authority or the local mental health authority's designee
or the physician in charge of the proposed patient's care shall, at the time of the
hearing, provide the court with the following information:
(A)
the detention order;
(B)
admission notes;
(C)
the diagnosis;
(D)
any doctors' orders;
(E)
progress notes;
(F)
nursing notes;
(G)
medication records pertaining to the current commitment; and
(H)
whether the proposed patient has previously been civilly committed or under
an order for assisted outpatient treatment.
(ii)
The local mental health authority or the local mental health authority's designee
or the physician in charge of the proposed patient's care shall also supply the
information described in Subsection
(15)(e)(i)
to the proposed patient's counsel at
the time of the hearing, and at any time
prior to
the hearing upon request by the
proposed patient's counsel.
(16)
(a)
The court shall order commitment of an adult proposed patient to a local mental
health authority if, upon completion of the hearing and consideration of the
information presented, the court finds by clear and convincing evidence that:
(i)
(A)
the proposed patient has a mental illness;
(B)
because of the proposed patient's mental illness the proposed patient poses a
substantial danger to self or others;
(C)
the proposed patient lacks the ability to engage in a rational decision-making
process regarding the acceptance of mental treatment as demonstrated by
evidence of inability to weigh the possible risks of accepting or rejecting
treatment;
(D)
there is no appropriate less-restrictive alternative to a court order of
commitment; and
(E)
the local mental health authority can provide the proposed patient with
treatment that is adequate and appropriate to the proposed patient's conditions
and needs; or
(ii)
(A)
the proposed patient has been charged with a criminal offense;
(B)
with respect to the charged offense, the proposed patient is found incompetent
to proceed as a result of a mental illness;
(C)
the proposed patient has a mental illness;
(D)
the proposed patient has a persistent unawareness of their mental illness and
the negative consequences of that illness, or within the
preceding
six months
has been requested or ordered to undergo mental health treatment but has
unreasonably refused to undergo that treatment;
(E)
there is no appropriate less-restrictive alternative to a court order of
commitment; and
(F)
the local mental health authority can provide the proposed patient with
treatment that is adequate and appropriate to the proposed patient's conditions
and needs.
(b)
(i)
If, at the hearing, the court determines that the proposed patient has a mental
illness but does not meet the other criteria described in Subsection
(16)(a)
, the
court may consider whether the proposed patient meets the criteria for assisted
outpatient treatment under Section
26B-5-351
.
(ii)
The court may order the proposed patient to receive assisted outpatient treatment
in accordance with Section
26B-5-351
if, at the hearing, the court finds the
proposed patient meets the criteria for assisted outpatient treatment under Section
26B-5-351
.
(iii)
If the court determines that neither the criteria for commitment under Subsection
(16)(a)
nor the criteria for assisted outpatient treatment under Section
26B-5-351

are met, the court shall dismiss the proceedings after the hearing.
(17)
(a)
(i)
The court shall notify the appropriate mental health authority and the
division no later than two business days after the day on which the court enters an
order of commitment, including an order to extend the patient's treatment period.
(i)
(ii)
The order of commitment shall designate the period for which the patient
shall be treated.
(ii)
(iii)
If the patient is not under an order of commitment at the time of the hearing,
the patient's treatment period may not exceed six months without a review hearing.
(iii)
(iv)
Upon a review hearing, to be commenced before the expiration of the
previous order of commitment, an order for commitment may be for an
indeterminate period, if the court finds by clear and convincing evidence that the
criteria described in Subsection
(16)
will last for an indeterminate period.
(b)
(i)
The court shall maintain a current list of all patients under the court's order of
commitment and review the list to determine those patients who have been under
an order of commitment for the court designated period.
(ii)
At least two weeks before the expiration of the designated period of any order of
commitment still in effect, the court that entered the original order of commitment
shall inform the appropriate local mental health authority or the local mental
health authority's designee of the expiration.
(iii)
Upon receipt of the information described in Subsection
(17)(b)(ii)
, the local
mental health authority or the local mental health authority's designee shall
immediately reexamine the reasons upon which the order of commitment was
based.
(iv)
If, after reexamination under Subsection
(17)(b)(iii)
, the local mental health
authority or the local mental health authority's designee determines that the
conditions justifying commitment no longer exist, the local mental health
authority or the local mental health authority's designee shall discharge the patient
from involuntary commitment and immediately report the discharge to the court

and the division
.
(v)
If, after reexamination under Subsection
(17)(b)(iii)
, the local mental health
authority or the local mental health authority's designee determines that the
conditions justifying commitment continue to exist, the court shall immediately
appoint two designated examiners and proceed under Subsections
(8)
through
(14)
.
(c)
(i)
The local mental health authority or the local mental health authority's designee
responsible for the care of a patient under an order of commitment for an
indeterminate period shall, at six-month intervals, reexamine the reasons upon
which the order of indeterminate commitment was based.
(ii)
If the local mental health authority or the local mental health authority's designee
determines that the conditions justifying commitment no longer exist, the local
mental health authority or the local mental health authority's designee shall
discharge the patient from the local mental health authority's or the local mental
health authority designee's custody and immediately report the discharge to the
court
and the division
.
(iii)
If the local mental health authority or the local mental health authority's designee
determines that the conditions justifying commitment continue to exist, the local
mental health authority or the local mental health authority's designee shall send a
written report of the findings to the court.
(iv)
The local mental health authority or the local mental health authority's designee
shall notify the patient and the patient's counsel of record in writing that the
involuntary commitment will be continued under Subsection
(17)(c)(iii)
, the
reasons for the decision to continue, and that the patient has the right to a review
hearing by making a request to the court.
(v)
Upon receiving a request under Subsection
(17)(c)(iv)
, the court shall
immediately appoint two designated examiners and proceed under Subsections
(8)

through
(14)
.
(18)
(a)
Any patient committed as a result of an original hearing or a patient's legally
designated representative who is aggrieved by the findings, conclusions, and order of
the court entered in the original hearing has the right to a new hearing upon filing a
petition with the court within 30 days after the day on which the court entered the
order.
(b)
The petition shall allege error or mistake in the findings, in which case the court shall
appoint three impartial designated examiners previously unrelated to the case to
conduct an additional examination of the patient.
(c)
Except as provided in Subsection
(18)(b)
, the court shall, in all other respects,
conduct the new hearing in the manner otherwise permitted.
(19)
The county in which the proposed patient resides or is found shall pay the costs of all
proceedings under this section.
(20)
(a)
A local mental health authority or the local mental health authority's designee
shall provide discharge instructions to each individual committed under this section
at or before the time the individual is discharged from the local mental health
authority's custody, regardless of the circumstances under which the individual is
discharged.
(b)
Discharge instructions provided under Subsection
(20)(a)
shall include:
(i)
a safety plan for the individual based on the individual's mental illness or mental
or emotional state, if applicable;
(ii)
notification to the individual's primary care provider, if applicable;
(iii)
if the individual is discharged without food, housing, or economic security, a
referral to appropriate services, if such services exist in the individual's
community;
(iv)
the phone number to call or text for a crisis services hotline, and information
about the availability of peer support services;
(v)
a copy of any psychiatric advance directive, if applicable;
(vi)
information about how to establish a psychiatric advance directive if one has not
been completed;
(vii)
as applicable, information about medications that were changed or discontinued
during the commitment;
(viii)
information about how to contact the local mental health authority or
established provider as appropriate; and
(ix)
information about how to request a copy of the individual's medical record and
how to access the electronic patient portal for the individual's medical record.
(c)
If an individual's medications were changed, or if an individual was prescribed new
medications while committed under this section, discharge instructions provided
under Subsection
(20)(a)
shall include a clinically appropriate supply of medications,
as determined by a licensed health care provider, to allow the individual time to
access another health care provider or follow-up appointment.
(d)
Discharge instructions shall be provided in paper or electronic format based on the
individual's preference.
(e)
If an individual refuses to accept discharge instructions, the local mental health
authority shall document the refusal in the individual's medical record.
(f)
If an individual's discharge instructions include referrals to services under Subsection
(20)(b)(iii)
, the local mental health authority shall document those referrals in the
individual's medical record.
(g)
The local mental health authority shall attempt to follow up with a discharged
individual at least 48 hours after discharge, when appropriate, and may use peer
support professionals when performing follow-up care or developing a continuing
care plan.
(21)
If any provision of Subsection
(16)(a)(ii)
or the application of any provision of
Subsection
(16)(a)(ii)
to any person or circumstance is held invalid by a court with
jurisdiction, the remainder of Subsection
(16)(a)(ii)
shall be given effect without the
invalid provision or application. The provisions of Subsection
(16)(a)(ii)
are severable.
Section 13. Section
26B-5-351
is amended to read:
26B-5-351
Effective
05/06/26
. Assisted outpatient treatment proceedings.
(1)
A responsible individual who has credible knowledge of an adult's mental illness and
the condition or circumstances that have led to the adult's need for assisted outpatient
treatment may file, in the court in the county where the proposed patient resides or is
found, a written application that includes:
(a)
unless the court finds that the information is not reasonably available, the proposed
patient's:
(i)
name;
(ii)
date of birth; and
(iii)
social security number; and
(b)
(i)
a certificate of a licensed physician or a designated examiner stating that within
the seven-day period immediately
preceding
the certification, the physician or
designated examiner examined the proposed patient and is of the opinion that the
proposed patient has a mental illness and should be involuntarily committed; or
(ii)
a written statement by the applicant that:
(A)
the proposed patient has been requested to, but has refused to, submit to an
examination of mental condition by a licensed physician or designated
examiner;
(B)
is sworn to under oath; and
(C)
states the facts upon which the application is based.
(2)
(a)
Subject to Subsection
(2)(b)
, before issuing a judicial order, the court may require
the applicant to consult with the appropriate local mental health authority, and the
court may direct a mental health professional from that local mental health authority
to interview the applicant and the proposed patient to determine the existing facts and
report them to the court.
(b)
The consultation described in Subsection
(2)(a)
:
(i)
may take place at or before the hearing; and
(ii)
is required if the local mental health authority appears at the hearing.
(3)
If the proposed patient refuses to submit to an interview described in Subsection
(2)(a)

or an examination described in Subsection
(8)
, the court may issue an order, directed to
a mental health officer or peace officer, to immediately place the proposed patient into
the custody of a local mental health authority or in a temporary emergency facility, as
provided in Section
26B-5-334
, to be detained for the purpose of examination.
(4)
Notice of commencement of proceedings for assisted outpatient treatment, setting forth
the allegations of the application and any reported facts, together with a copy of any
official order of detention, shall:
(a)
be provided by the court to a proposed patient before, or upon, placement into the
custody of a local mental health authority or, with respect to any proposed patient
presently in the custody of a local mental health authority;
(b)
be maintained at the proposed patient's place of detention, if any;
(c)
be provided by the court as soon as practicable to the applicant, any legal guardian,
any immediate adult family members, legal counsel for the parties involved, the local
mental health authority or its designee, and any other person whom the proposed
patient or the court shall designate; and
(d)
advise that a hearing may be held within the time provided by law.
(5)
The court may, in its discretion, transfer the case to any other court within this state,
provided that
the transfer will not be adverse to the interest of the proposed patient.
(6)
Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a
judicial order, or after commitment of a proposed patient to a local mental health
authority or its designee under court order for detention in order to complete an
examination, the court shall appoint two designated examiners:
(a)
who did not sign the assisted outpatient treatment application nor the certification
described in Subsection
(1)
;
(b)
one of whom is a licensed physician; and
(c)
one of whom may be designated by the proposed patient or the proposed patient's
counsel, if that designated examiner is reasonably available.
(7)
The court shall schedule a hearing to be held within 10 calendar days of the day on
which the designated examiners are appointed.
(8)
(a)
The designated examiners shall:
(a)
(i)
conduct their examinations separately;
(b)
(ii)
conduct the examinations at the home of the proposed patient, at a hospital or
other medical facility, or at any other suitable place that is not likely to have a
harmful effect on the proposed patient's health;
(c)
(iii)
inform the proposed patient, if not represented by an attorney:
(i)
(A)
that the proposed patient does not have to say anything;
(ii)
(B)
of the nature and reasons for the examination;
(iii)
(C)
that the examination was ordered by the court;
(iv)
(D)
that any information volunteered could form part of the basis for the
proposed patient to be ordered to receive assisted outpatient treatment; and
(v)
(E)
that findings resulting from the examination will be made available to the
court; and
(d)
(iv)
within 24 hours of examining the proposed patient, report to the court, orally
or in writing, whether the proposed patient is mentally ill.
(b)
If the designated examiner reports orally
under Subsection
(8)(a)(iv)
, the designated
examiner shall immediately send a written report to the clerk of the court.
(9)
If a designated examiner is unable to complete an examination on the first attempt
because the proposed patient refuses to submit to the examination, the court shall fix a
reasonable compensation to be paid to the examiner.
(10)
If the local mental health authority, its designee, or a medical examiner determines
before the court hearing that the conditions justifying the findings leading to an assisted
outpatient treatment hearing no longer exist, the local mental health authority, its
designee, or the medical examiner shall immediately report that determination to the
court.
(11)
The court may terminate the proceedings and dismiss the application at any time,
including
prior to
the hearing, if the designated examiners or the local mental health
authority or its designee informs the court that the proposed patient does not meet the
criteria in Subsection
(14)
.
(12)
Before the hearing, an opportunity to be represented by counsel shall be afforded to the
proposed patient, and if neither the proposed patient nor others provide counsel, the
court shall appoint counsel and allow counsel sufficient time to consult with the
proposed patient before the hearing. In the case of an indigent proposed patient, the
payment of reasonable attorney fees for counsel, as determined by the court, shall be
made by the county in which the proposed patient resides or is found.
(13)
(a)
All persons to whom notice is required to be given shall be afforded an
opportunity to appear at the hearing, to testify, and to present and cross-examine
witnesses. The court may, in its discretion, receive the testimony of any other
individual. The court may allow a waiver of the proposed patient's right to appear for
good cause, which cause shall be set forth in the record, or an informed waiver by the
patient, which shall be included in the record.
(b)
The court is authorized to exclude all individuals not necessary for the conduct of the
proceedings and may, upon motion of counsel, require the testimony of each
examiner to be given out of the presence of any other examiners.
(c)
The hearing shall be conducted in as informal a manner as may be consistent with
orderly procedure, and in a physical setting that is not likely to have a harmful effect
on the mental health of the proposed patient.
(d)
The court shall consider all relevant historical and material information that is
offered, subject to the rules of evidence, including reliable hearsay under Rule 1102,
Utah Rules of Evidence.
(e)
(i)
A local mental health authority or its designee, or the physician in charge of the
proposed patient's care shall, at the time of the hearing, provide the court with the
following information:
(A)
the detention order, if any;
(B)
admission notes, if any;
(C)
the diagnosis, if any;
(D)
doctor's orders, if any;
(E)
progress notes, if any;
(F)
nursing notes, if any; and
(G)
medication records, if any.
(ii)
The information described in Subsection
(13)(e)(i)
shall also be provided to the
proposed patient's counsel:
(A)
at the time of the hearing; and
(B)
at any time
prior to
the hearing, upon request.
(14)
The court shall order a proposed patient to assisted outpatient treatment if, upon
completion of the hearing and consideration of the information presented, the court finds
by clear and convincing evidence that:
(a)
the proposed patient has a mental illness;
(b)
there is no appropriate less-restrictive alternative to a court order for assisted
outpatient treatment; and
(c)
(i)
the proposed patient lacks the ability to engage in a rational decision-making
process regarding the acceptance of mental health treatment, as demonstrated by
evidence of inability to weigh the possible risks of accepting or rejecting
treatment; or
(ii)
the proposed patient needs assisted outpatient treatment in order to prevent
relapse or deterioration that is likely to result in the proposed patient posing a
substantial danger to self or others.
(15)
The court may order the applicant or a close relative of the patient to be the patient's
personal representative, as described in 45 C.F.R. Sec. 164.502(g), for purposes of the
patient's mental health treatment.
(16)
In the absence of the findings described in Subsection
(14)
, the court, after the hearing,
shall dismiss the proceedings.
(17)
(a)
The court shall notify the appropriate mental health authority and the division no
later than two business days after the day on which the court enters an assisted
outpatient treatment order, including an order extending the duration of an assisted
outpatient treatment order.
(a)
(b)
The assisted outpatient treatment order shall designate the period for which the
patient shall be treated, which may not exceed 12 months without a review hearing.
(b)
(c)
At a review hearing, the court may extend the duration of an assisted outpatient
treatment order by up to 12 months, if:
(i)
the court finds by clear and convincing evidence that the patient meets the
conditions described in Subsection
(14)
; or
(ii)
(A)
the patient does not appear at the review hearing;
(B)
notice of the review hearing was provided to the patient's last known address
by the applicant described in Subsection
(1)
or by a local mental health
authority; and
(C)
the patient has appeared in court or signed an informed waiver within the
previous 18 months.
(c)
(d)
The court shall maintain a current list of all patients under its order of assisted
outpatient treatment.
(d)
(e)
At least two weeks
prior to
the expiration of the designated period of any
assisted outpatient treatment order still in effect, the court that entered the original
order shall inform the appropriate local mental health authority or its designee.
(18)
Costs of all proceedings under this section shall be paid by the county in which the
proposed patient resides or is found.
(19)
A court may not hold an individual in contempt for failure to comply with an assisted
outpatient treatment order.
(20)
As provided in Section
31A-22-651
, a health insurance provider may not deny an
insured the benefits of the insured's policy solely because the health care that the insured
receives is provided under a court order for assisted outpatient treatment.
Section 14. 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:
(a)
"Committed individual" means an individual who has been committed under Section
26B-5-331
,
26B-5-332
, or
26B-5-351
.
(b)
"Committee" means the Health and Human Services Interim Committee.
(2)
The department shall establish by December 31, 2026, and shall maintain, a database of
individuals committed under Sections
26B-5-331
,
26B-5-332
, and
26B-5-351
.
(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 individual; and
(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 Rulemaking
Act, to:
(a)
implement this section;
(b)
ensure the privacy of committed individuals, including by:
(i)
establishing and restricting the permissible uses of the information in the database;
(ii)
defining and restricting access to the database, including by identifying persons
who may have access to the database; and
(iii)
ensuring the system contains tools for:
(A)
logging;
(B)
data loss prevention;
(C)
identity management; and
(D)
access management, including role-based access; and
(c)
permit local mental health authorities to access civil commitments within the local
mental health authority's authority area.
(5)
At or before the committee's November 2026 meeting, the department shall report to the
committee on the department's rules made in accordance with Subsection
(4)(b)
to
ensure the privacy of committed individuals.
Section 15. 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 16. 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
Subsection

(2)(l)(iii)
;
(k)
(m)
oversee coordination for the funding, implementation, and evaluation of suicide
prevention efforts described in Section
26B-5-611
;
(l)
(n)
develop methods or models for implementing and coherently communicating
cross-sector strategies;
(m)
(o)
hold the state's behavioral health systems accountable for clear, measurable
outcomes; and
(n)
(p)
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

commission
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 17. 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 18. 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
Health and Human Services Interim 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 19. 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
.
(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 20. 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 21. 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 22. 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 23. 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 24. 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)
"Behavioral Health 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 25. 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
Behavioral Health
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
Behavioral Health 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
Behavioral Health 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
Behavioral Health 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
Behavioral Health 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
Behavioral Health 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
Behavioral Health
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
Behavioral Health
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 26. 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
Behavioral Health
Commission, 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
Behavioral Health
Commission, 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
Behavioral Health Commission,
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
Behavioral Health Commission,
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
Behavioral Health Commission, 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
Behavioral Health Commission, 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
Behavioral Health Commission, 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
Behavioral Health Commission, 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 27. 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
in accordance with
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 28. Section
35A-16-212
is amended to read:
35A-16-212
Effective
05/06/26
Repealed
07/01/28
. Property Loss Related to
Homelessness Compensation Enterprise Fund.
(1)
As used in this part:
(a)
"Fund" means the Property Loss Related to Homelessness Compensation Enterprise
Fund created in Subsection
(3)
.
(b)
"Homeless services facility" means an eligible shelter under Subsection
35A-16-401(5)(a)
or (5)(b)
35A-16-401(5)(a)
, (b), or (c)
.
(c)
"Property loss" means:
(i)
documented damage to or theft of personal property; or
(ii)
documented cost of cleaning, sanitizing, repairing, or restoring real property.
(2)
Documentation required for Subsection
(1)(c)
shall include closed insurance claim
information with any settlement amount.
(3)
There is created an enterprise fund known as the Property Loss Related to
Homelessness Compensation Enterprise Fund.
(4)
The fund shall consist of:
(a)
gifts, grants, donations, and loan repayments or any other conveyance of money that
may be made to the fund from private sources; and
(b)
additional amounts as appropriated by the Legislature.
(5)
The fund shall be administered by the office.
(6)
Funds may be used to:
(a)
provide a no-interest loan to a business that:
(i)
meets the requirements of Subsection
(6)(b)
; and
(ii)
enters into an agreement with the department to:
(A)
use loan funds for documented costs for property loss or for documented costs
to mitigate property loss as a direct result of the presence of the homeless
services facility; and
(B)
repay the loan no later than one year from the day on which the loan is
disbursed to the business;
(b)
except as provided in Subsection
(12)
, compensate a business that:
(i)
is located within 1/5 of a mile of a homeless services facility; and
(ii)
experiences property loss as a direct result of the presence of the homeless
services facility; or
(c)
compensate an individual who:
(i)
lives within 1/5 of a mile from a homeless services facility; and
(ii)
experiences property loss as a direct result of the presence of the homeless
services facility.
(7)
An individual who receives compensation from the fund shall:
(a)
be a resident of Utah; and
(b)
have a need that meets the requirements of this section.
(8)
(a)
A business that receives compensation or a loan from the fund shall be in good
standing with the State Tax Commission and Department of Commerce.
(b)
The State Tax Commission and Department of Commerce may charge a business
described in Subsection
(8)(a)
a nominal fee to obtain a certificate of good standing
to meet the requirements under this section.
(9)
(a)
The fund may not duplicate or supplant a service or support mechanism provided
to an individual or business by another government entity or private agency.
(b)
The fund may supplement a service or support mechanism provided to an individual
or business by another government entity or private agency, if the service or support
mechanism does not fully cover the cost of the individual's or business's property loss.
(10)
Administrative and operating expenses for the fund shall be paid from the fund.
(11)
The executive director may expend up to 4% of the revenues of the fund, including any
appropriations to the fund, for administrative expenses.
(12)
A business located at parcel record number
15-26-326-016
-0000 is not eligible to
receive compensation for property loss as a direct result of the presence of a homeless
services facility.
(13)
The office shall:
(a)
administer the loan program, including:
(i)
in each calendar year that money is available from the fund for distribution by the
office, announcing, at least once in that year, a loan application period by sending
notice to interested persons;
(ii)
accepting applications received in a timely manner;
(iii)
reviewing loan applications;
(iv)
determining eligibility in accordance with this section; and
(v)
distributing loan money to an approved loan recipient; and
(b)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules to administer the program, including:
(i)
loan application requirements;
(ii)
procedures to approve a loan;
(iii)
procedures for distributing money to loan recipients;
(iv)
criteria for confirming the amount of property loss; and
(v)
criteria prioritizing disbursements in the event of limited funds.
(14)
The office may do any act necessary or convenient to the exercise of the powers
granted by this part or reasonably implied from those granted powers, including:
(a)
service or contract, under Title 63G, Chapter 6a, Utah Procurement Code, for the
servicing of loans made by the fund;
(b)
make or execute contracts and other instruments necessary or convenient for the
performance of the office's duties and exercise of the office's powers and functions
under this part, including contracts or agreements for the servicing and originating of
loans; and
(c)
selling, at a public or private sale, with public bidding, an obligation held by the fund.
(15)
Any money returned to the department under this section from a person that received a
loan from the fund shall be deposited into the fund.
Section 29. Section
35A-16-401
is amended to read:
35A-16-401
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Account" means the Homeless Shelter Cities Mitigation Restricted Account created in
Section
35A-16-402
.
(2)
"Authorized provider" means a nonprofit provider of homeless services that is
authorized by a third-tier eligible municipality to operate a temporary
winter response
emergency
shelter within the municipality
in accordance with Part 5, Winter Response
Plan Requirements
.
(3)
"Eligible municipality" means:
(a)
a first-tier eligible municipality;
(b)
a second-tier eligible municipality; or
(c)
a third-tier eligible municipality.
(4)
"Eligible services" means any activities or services that mitigate the impacts of the
location of an eligible shelter, including direct services, public safety services, and
emergency services, as further defined by rule made by the office in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5)
"Eligible shelter" means:
(a)
for a first-tier eligible municipality, a homeless shelter that:
(i)
has the capacity to provide temporary shelter to at least 80 individuals per night,
as verified by the office;
(ii)
operates year-round; and
(iii)
is not subject to restrictions that limit the hours, days, weeks, or months of
operation;
(b)
for a second-tier municipality, a homeless shelter that:
(i)
has the capacity to provide temporary shelter to at least 25 individuals per night,
as verified by the office;
(ii)
operates year-round; and
(iii)
is not subject to restrictions that limit the hours, days, weeks, or months of
operation;
and
(c)
an eligible shelter under Subsection
(5)(a)
or
(b)
, if the homeless shelter operates for
more than 365 continuous days, regardless of whether the homeless shelter is
intended to operate as an emergency shelter, as long as the homeless shelter meets the
requirements of an eligible shelter defined in Subsection
(5)(a)
or
(b)
; and
(c)
(d)
for a third-tier eligible municipality, a homeless shelter that:
(i)
(A)
has the capacity to provide temporary shelter to at least 50 individuals per
night, as verified by the office; and
(B)
operates for no less than three months during the period beginning October 1
and ending April 30 of the following year; or
(ii)
(A)
meets the definition of a homeless shelter under Section
35A-16-501
; and
(B)
contains beds that are utilized as part of a county's winter response plan under
Section
35A-16-502
.
(i)
has the capacity to provide temporary shelter to at least 50 individuals per night,
as verified by the office; and
(ii)
operates for no less than three months during the period beginning October 1 and
ending April 30 of the following year.
(6)
"Homeless shelter" means a facility that provides or is proposed to provide temporary
shelter to individuals experiencing homelessness.
(7)
"Municipality" means a city or town.
(8)
"Public safety services" means law enforcement, emergency medical services, or fire
protection.
(9)
"Third-tier eligible municipality" means a municipality that:
(a)
as determined by the office, has or is proposed to have an eligible shelter within the
municipality's geographic boundaries within the following fiscal year; and
(b)
due to the location of an eligible shelter within the municipality's geographic
boundaries, requires eligible services.
Section 30. Section
35A-16-1301
is enacted to read:
13. Temporary Shelter Expansion
35A-16-1301
Effective
05/06/26
. Temporary shelter expansion -- Definitions --
Requirements -- Mitigation.
(1)
As used in this part, "municipal consent" means the written approval from a
municipality in which a congregate shelter is located to the office and to a service
provider for temporary expansion of a congregate shelter's designated bed capacity.
(2)
A service provider may expand the capacity limit of a congregate shelter up to 135% of
the shelter's designated bed capacity to provide temporary shelter to individuals
experiencing homelessness if:
(a)
the service provider informs the office of the need to temporarily expand the capacity
limit of the shelter;
(b)
the service provider requests approval from the municipality in which the congregate
shelter is located to expand the shelter's capacity;
(c)
the municipality in which the congregate shelter is located provides municipal
consent to the service provider and the office; and
(d)
the congregate shelter remains in compliance with the applicable state and local
building and fire codes.
(3)
Municipal consent under this section may include reasonable conditions related to
public safety, coordination, or neighborhood mitigation.
(4)
The authorization provided under this section does not modify any other applicable
licensing, health, or safety requirements.
(5)
For purposes of formula distributions made under this chapter, the number of beds
operated under Subsection
(2)
may be counted as tier three beds.
(6)
Additional bed capacity authorized under this section may be mitigated using funds
appropriated under this chapter as determined in rule made by the office in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(7)
(a)
A congregate shelter may not operate at the expanded capacity limit described in
Subsection
(2)
after April 30, 2027.
(b)
On or after May 1, 2027, a congregate shelter shall return to the congregate shelter's
capacity limit as determined by the congregate shelter's conditional use permit unless
otherwise authorized by the relevant municipality.
Section 31. Section
59-12-205
is amended to read:
59-12-205
Effective
01/01/27
. Ordinances to conform with statutory
amendments -- Distribution of tax revenue -- Determination of population.
(1)
To maintain in effect sales and use tax ordinances adopted
pursuant to
in accordance
with
Section
59-12-204
, a county, city, or town shall adopt amendments to the county's,
city's, or town's sales and use tax ordinances:
(a)
within 30 days of the day on which the state makes an amendment to an applicable
provision of Part 1, Tax Collection; and
(b)
as required to conform to the amendments to Part 1, Tax Collection.
(2)
(a)
Except as provided in Subsections
(3)
, (4), and (5) and subject to Subsection
(6)
:
(i)
50% of each dollar collected from the sales and use tax authorized by this part
shall be distributed to each county, city, and town on the basis of the percentage
that the population of the county, city, or town bears to the total population of all
counties, cities, and towns in the state; and
(ii)
(A)
except as provided in Subsections
(2)(a)(ii)(B)
, (C), (D), (E), and (F), 50%
of each dollar collected from the sales and use tax authorized by this part shall
be distributed to each county, city, and town on the basis of the location of the
transaction as determined under Sections
59-12-211
through
59-12-215
;
(B)
except as provided in Subsections
(10)
through
(13)
, 50% of each dollar
collected from the sales and use tax authorized by this part within a project
area described in a project area plan adopted by the military installation
development authority under Title 63H, Chapter 1, Military Installation
Development Authority Act, shall be distributed to the military installation
development authority created in Section
63H-1-201
;
(C)
except as provided in Subsections
(10)
through
(13)
, beginning July 1, 2024,
20% of each dollar collected from the sales and use tax authorized by this part
within a project area under Title 11, Chapter 58, Utah Inland Port Authority
Act, shall be distributed to the Utah Inland Port Authority, created in Section
11-58-201
;
(D)
except as provided in Subsections
(10)
through
(13)
, 50% of each dollar
collected from the sales and use tax authorized by this part within the lake
authority boundary, as defined in Section
11-65-101
, shall be distributed to the
Utah Lake Authority, created in Section
11-65-201
, beginning the next full
calendar quarter following the creation of the Utah Lake Authority;
and
(E)
except as provided in Subsections
(10)
through
(13)
, beginning January 1,
2026, 50% of each dollar collected from the sales and use tax authorized by
this part within the boundary of an eligible basic special district, as that term is
defined in Section
17B-1-1405
, and if applicable, the boundary of a public
infrastructure district created by the eligible basic special district, shall be
distributed to the eligible basic special district
.
; and
(F)
except as provided in Subsections
(10)
through
(13)
, beginning the first day of
a calendar quarter after the sales and use tax boundary for a major sporting
event venue zone is established, the commission, at least annually, shall
transfer an amount equal to 50% of the sales and use tax increment, as defined
in Section
63N-3-1701
, from the sales and use tax imposed under this part on
transactions occurring within a sales and use tax boundary, as
described in
Section
63N-3-1710
, to the creating entity of the major sporting event venue
zone.
(b)
Subsection
(2)(a)(ii)(C)
does not apply to sales and use tax revenue collected before
July 1, 2022.
(3)
Beginning no sooner than January 1, 2026, and before application of Subsections
(2)
,
(4)
,
(5), and (6), and except as provided in Subsections
(8)
and
(9)
, and as described in
Section
63N-3-610.1
, beginning the first day of a calendar quarter after the year set in
the proposal and after the sales and use tax boundary for a convention center
reinvestment zone is established under Title 63N, Chapter 3, Part 6, Housing and Transit
Reinvestment Zone Act, the commission, at least annually, shall transfer an amount
equal to 100% of the sales and use tax increment, as defined in Section
63N-3-602
, from
the sales and use tax imposed under this part on transactions occurring within an
established sales and use tax boundary, as defined in Section
63N-3-602
, to the entity
specified in the convention center reinvestment zone proposal submitted
pursuant to
in
accordance with
Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone
Act.
(4)
(a)
As used in this Subsection
(4)
:
(i)
"Eligible county, city, or town" means a county, city, or town that:
(A)
for fiscal year 2012-13, received a tax revenue distribution under Subsection
(4)(b)
equal to the amount described in Subsection
(4)(b)(ii)
; and
(B)
does not impose a sales and use tax under Section
59-12-2103
on or before
July 1, 2016.
(ii)
"Minimum tax revenue distribution" means the total amount of tax revenue
distributions an eligible county, city, or town received from a tax imposed in
accordance with this part for fiscal year 2004-05.
(b)
An eligible county, city, or town shall receive a tax revenue distribution for a tax
imposed in accordance with this part equal to the greater of:
(i)
the payment required by Subsection
(2)
; or
(ii)
the minimum tax revenue distribution.
(c)
For an eligible county, city, or town that qualifies to receive a distribution described
in this Subsection
(4)
, the commission shall apply the provisions of this Subsection
(4)
after the commission applies the provisions of Subsection
(3)
.
(5)
(a)
For purposes of this Subsection
(5)
:
(i)
(A)
"Annual local contribution" means
, for a calendar year beginning on
January 1, 2027, the lesser of $316,250 or an amount equal to 2.93% of the
participating local government's tax revenue distribution amount under
Subsection
(2)(a)(i)
for a previous fiscal year.
(B)
"Annual local contribution" means, for a calendar year beginning on or after
January 1, 2028,
the lesser of $275,000 or an amount equal to 2.55% of the
participating local government's tax revenue distribution amount under
Subsection
(2)(a)(i)
for the previous fiscal year.
(ii)
"Participating local government" means a county or municipality, as defined in
Section
10-1-104
, that is not an eligible municipality certified in accordance with
Section
35A-16-404
.
(b)
For revenue collected from the tax authorized by this part that is distributed on or
after January 1, 2019, the commission, before making a tax revenue distribution
under Subsection
(2)(a)(i)
to a participating local government, shall:
(i)
adjust a participating local government's tax revenue distribution under Subsection
(2)(a)(i)
by:
(A)
subtracting an amount equal to one-twelfth of the annual local contribution for
each participating local government from the participating local government's
tax revenue distribution; and
(B)
if applicable, reducing the amount described in Subsection
(5)(b)(i)(A)
by an
amount equal to one-twelfth of $250 for each bed that is available at all
homeless shelters located within the boundaries of the participating local
government, as reported to the commission by the Office of Homeless Services
in accordance with Section
35A-16-405
; and
(ii)
deposit the resulting amount described in Subsection
(5)(b)(i)
into the Homeless
Shelter Cities Mitigation Restricted Account created in Section
35A-16-402
.
(c)
For a participating local government that qualifies to receive a distribution described
in Subsection
(4)
, the commission shall apply the provisions of this Subsection
(5)

after the commission applies the provisions of Subsections
(3)
and (4).
(6)
(a)
As used in this Subsection
(6)
:
(i)
"Annual dedicated sand and gravel sales tax revenue" means an amount equal to
the total revenue an establishment described in NAICS Code 327320, Ready-Mix
Concrete Manufacturing, of the 2022 North American Industry Classification
System of the federal Executive Office of the President, Office of Management
and Budget, collects and remits under this part for a calendar year.
(ii)
"Sand and gravel" means sand, gravel, or a combination of sand and gravel.
(iii)
"Sand and gravel extraction site" means a pit, quarry, or deposit that:
(A)
contains sand and gravel; and
(B)
is assessed by the commission in accordance with Section
59-2-201
.
(iv)
"Ton" means a short ton of 2,000 pounds.
(v)
"Tonnage ratio" means the ratio of:
(A)
the total amount of sand and gravel, measured in tons, sold during a calendar
year from all sand and gravel extraction sites located within a county, city, or
town; to
(B)
the total amount of sand and gravel, measured in tons, sold during the same
calendar year from sand and gravel extraction sites statewide.
(b)
For purposes of calculating the ratio described in Subsection
(6)(a)(v)
, the
commission shall:
(i)
use the gross sales data provided to the commission as part of the commission's
property tax valuation process; and
(ii)
if a sand and gravel extraction site operates as a unit across municipal or county
lines, apportion the reported tonnage among the counties, cities, or towns based on
the percentage of the sand and gravel extraction site located in each county, city,
or town, as approximated by the commission.
(c)
(i)
Each July, the commission shall distribute from total collections under this part
an amount equal to the annual dedicated sand and gravel sales tax revenue for the
preceding calendar year to each county, city, or town in the same proportion as the
county's, city's, or town's tonnage ratio for the preceding calendar year.
(ii)
The commission shall ensure that the revenue distributed under this Subsection
(6)(c)
is drawn from each jurisdiction's collections in proportion to the
jurisdiction's share of total collections for the preceding 12-month period.
(d)
A county, city, or town shall use revenue described in Subsection
(6)(c)
for class B
or class C roads.
(7)
(a)
Population figures for purposes of this section shall be based on, to the extent not
otherwise required by federal law:
(i)
the most recent estimate from the Utah Population Committee created in Section
63C-20-103
; or
(ii)
if the Utah Population Committee estimate is not available for each municipality
and unincorporated area, the adjusted sub-county population estimate provided by
the Utah Population Committee in accordance with Section
63C-20-104
.
(b)
The population of a county for purposes of this section shall be determined only
from the unincorporated area of the county.
(8)
(a)
As used in Subsections
(8)
and
(9)
:
(i)
"Applicable percentage" means, for a convention center reinvestment zone created
under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act,
for sales occurring within the qualified development zone described in Subsection
(8)(a)(ii)
, 100% of the sales and use tax increment, as that term is defined in
Section
63N-3-602
, from the sales and use tax:
(A)
imposed by a city of the first class in a county of the first class under this part;
(B)
imposed by a city of the first class in a county of the first class under Section
59-12-402.1
;
(C)
imposed by a county of the first class under Section
59-12-1102
; and
(D)
imposed by a county of the first class under Part 22, Local Option Sales and
Use Taxes for Transportation Act.
(ii)
"Qualified development zone" means the sales and use tax boundary of a
convention center reinvestment zone created under Title 63N, Chapter 3, Part 6,
Housing and Transit Reinvestment Zone Act.
(iii)
"Qualifying construction materials" means construction materials that are:
(A)
delivered to a delivery outlet within a qualified development zone; and
(B)
intended to be permanently attached to real property within the qualified
development zone.
(b)
For a sale of qualifying construction materials, the commission shall distribute the
product calculated in Subsection
(8)(c)
to a qualified development zone if the seller
of the construction materials:
(i)
establishes a delivery outlet with the commission within the qualified development
zone;
(ii)
reports the sales of the construction materials to the delivery outlet described in
Subsection
(8)(b)(i)
; and
(iii)
does not report the sales of the construction materials on a simplified electronic
return.
(c)
For the purposes of Subsection
(8)(b)
, the product is equal to:
(i)
the sales price or purchase price of the qualifying construction materials; and
(ii)
the applicable percentage.
(9)
(a)
As used in this Subsection
(9)
, "Schedule J sale" means a sale reported on State
Tax Commission Form TC-62M, Schedule J, or a substantially similar form as
designated by the commission.
(b)
Revenue generated from the applicable percentage by a Schedule J sale within a
qualified development zone shall be distributed into the jurisdiction that would have
received the revenue in the absence of the qualified development zone.
(10)
(a)
As used in this Subsection
(10)
:
(i)
"Applicable percentage" means:
(A)
for a project area adopted by the military installation development authority
under Title 63H, Chapter 1, Military Installation Development Authority Act,
for sales occurring within a qualified development zone described in
Subsection
(10)(a)(iii)(A)
:
(I)
50% of the revenue from the sales and use tax imposed under this part;
(II)
100% of the revenue from the sales and use tax imposed by the military
installation development authority under Section
59-12-401
; and
(III)
100% of the revenue from the sales and use tax imposed by the military
installation development authority under Section
59-12-402
;
and
(B)
for a project area under Title 11, Chapter 58, Utah Inland Port Authority Act,
for sales occurring within a qualified development zone described in
Subsection
(10)(a)(iii)(B)
, 20% of the revenue from the sales and use tax under
this part;
(C)
for the lake authority boundary, as defined in Section
11-65-101
, for sales
occurring within the qualified development zone described in Subsection
(10)(a)(ii)(C)
, 50% of the revenue from the sales and use tax under this part;
(D)
for the Utah Fairpark Area Investment and Restoration District, created in
Section
11-70-201
, for sales occurring within the qualified development zone
described in Subsection
(10)(a)(iii)(D)
, 100% of the revenue from the sales and
use tax imposed by the Utah Fairpark Area Investment and Restoration District
under Sections
59-12-401
and
59-12-402
;
and

(E)
for an eligible basic special district created under Title 17B, Chapter 1, Part 14,
Basic Special District, for sales occurring within a qualified development zone
described in Subsection
(10)(a)(iii)(E)
, 50% of the revenue from the sales and
use tax imposed under this part
;
.

(ii)
"Eligible basic special district" means the same as that term is defined in Section
17B-1-1405
.
(iii)
"Qualified development zone" means the sales and use tax boundary of:
(A)
a project area adopted by the military installation development authority under
Title 63H, Chapter 1, Military Installation Development Authority Act;
(B)
a project area under Title 11, Chapter 58, Utah Inland Port Authority Act;
(C)
the lake authority boundary, as defined in Section
11-65-101
;
(D)
the Utah Fairpark Investment and Restoration District, created in Section
11-70-201
; or
(E)
the area within the boundary of an eligible basic special district, and if
applicable, the boundary of a public infrastructure district created by the basic
special district
;
.
(iv)
"Qualifying construction materials" means construction materials that are:
(A)
delivered to a delivery outlet within a qualified development zone; and
(B)
intended to be permanently attached to real property within the qualified
development zone.
(b)
For a sale of qualifying construction materials, the commission shall distribute the
product calculated in Subsection
(10)(c)
to a qualified development zone if the seller
of the construction materials:
(i)
establishes a delivery outlet with the commission within the qualified development
zone;
(ii)
reports the sales of the construction materials to the delivery outlet described in
Subsection
(10)(b)(i)
; and
(iii)
does not report the sales of the construction materials on a simplified electronic
return
; or
.
(c)
For the purposes of Subsection
(10)(b)
, the product is equal to:
(i)
the sales price or purchase price of the qualifying construction materials; and
(ii)
the applicable percentage.
(11)
(a)
As used in this Subsection
(11)
:
(i)
"Applicable percentage" means the same as that term is defined in Subsection
(10)
.
(ii)
"Qualified development zone" means the same as that term is defined in
Subsection
(10)
.
(iii)
"Schedule J sale" means a sale reported on State Tax Commission Form
TC-62M, Schedule J or a substantially similar form as designated by the
commission.
(b)
Revenue generated from the applicable percentage by a Schedule J sale within a
qualified development zone shall be distributed to the jurisdiction that would have
received the revenue in the absence of the qualified development zone.
(12)
(a)
As used in this Subsection
(12)
:
(i)
"Applicable percentage" means, for a major sporting event venue zone created
under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, for
sales occurring within the qualified development zone described in Subsection
(12)(a)(ii)
:
(A)
50% of the sales and use tax increment, as that term is defined in Section
63N-3-601
, from the sales and use tax imposed under this part;
(B)
100% of the revenue from the sales and use tax imposed by the creating entity
of a major sporting event venue zone under Section
59-12-401
; and
(C)
100% of the revenue from the sales and use tax imposed by the creating entity
of a major sporting event venue zone under Section
59-12-402
.
(ii)
"Qualified development zone" means the sales and use tax boundary, as described
in Section
63N-3-1710
, of a major sporting event venue zone created under Title
63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act.
(iii)
"Qualifying construction materials" means construction materials that are:
(A)
delivered to a delivery outlet within a qualified development zone; and
(B)
intended to be permanently attached to real property within the qualified
development zone.
(b)
For a sale of qualifying construction materials, the commission shall distribute the
product calculated in Subsection
(12)(c)
to the creating entity of a qualified
development zone if the seller of the construction materials:
(i)
establishes a delivery outlet with the commission within the qualified development
zone;
(ii)
reports the sales of the construction materials to the delivery outlet described in
Subsection
(12)(b)(i)
; and
(iii)
does not report the sales of the construction materials on a simplified electronic
return
; or
.
(c)
For the purposes of Subsection
(12)(b)
, the product is equal to:
(i)
the sales price or purchase price of the qualifying construction materials; and
(ii)
the applicable percentage.
(13)
(a)
As used in this Subsection
(13)
:
(i)
"Applicable percentage" means the same as that term is defined in Subsection
(12)
.
(ii)
"Qualified development zone" means the same as that term is defined in
Subsection
(12)
.
(iii)
"Schedule J sale" means a sale reported on State Tax Commission Form
TC-62M, Schedule J or a substantially similar form as designated by the
commission.
(b)
Revenue generated from the applicable percentage by a Schedule J sale within a
qualified development zone shall be distributed to the jurisdiction that would have
received the revenue in the absence of the qualified development zone.
Section 32. 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 33. 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 34. 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
July 1, 2029
.
(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
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 35. 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.
Reserved.
Section 36. 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 37. 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

this

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 38.
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 38(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 - Clinical Services
From General Fund
300,000
Medical Examiner
300,000
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.
ITEM 2
Department of Health and Human Services - Integrated Health Care Services
From General Fund
450,000
Non-Medicaid Behavioral Health Treatment and
Crisis Response
450,000
The Legislature intends that the Department of
Health and Human Services use:
(1) $200,000 ongoing appropriation for either the
operation of the database described in Section 26B-5-384
or the Behavioral Health Receiving Center Grant
Program described in Section 26B-5-114.
(2) $100,000 ongoing appropriation for the
community-based peer support services grant program
created in Section 26B-5-122.
(3) $50,000 ongoing appropriation for suicide
prevention training under Section 26B-5-611.
(4) $100,000 ongoing appropriation to increase
Medicaid rates for collaborative care codes.
Section 39.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
May 6, 2026
.
(2)
The actions affecting Section 59-12-205
Effective
01/01/27
take effect on
January 1,
2027
.
3-11-26 3:17 PM