State Homeless Campus Amendments

19
35A-16-102
35A-16-203
35A-16-213
35A-16-1002
35A-16-1003
0
State Homeless Campus Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: Sandra Hollins
LONG TITLE
General Description:
This bill enacts provisions relating to a state homeless services campus.
Highlighted Provisions:
This bill:
defines and amends terms;
requires the coordinator for the Office of Homeless Services (coordinator), in cooperation
with the Utah Homeless Services Board (board), to create a comprehensive plan for
homeless services campus (campus) residents and the surrounding community within a
certain time frame after announcing or recommending the location of a campus that
addresses:
safety;
transportation;
use of the homeless services campus as an emergency shelter;
the types of treatment and support services offered to residents;
treatment and support service provider and staff requirements; and
other certain services;
requires the coordinator, in cooperation with the board, to coordinate with certain public
safety entities to receive incident reports created in response to certain services provided
to the campus and the campus's residents, employees, or volunteers;
requires the homeless services ombudsman (ombudsman) to conduct an investigation of
the campus under certain circumstances;
allows the ombudsman to make recommendations and assist the coordinator in creating a
remediation plan if a campus is found in violation of law;
provides a certain time for the campus to cure a violation;
allows the ombudsman to recommend that the campus cease operations under certain
circumstances;
provides that the Legislature may withhold campus funding in certain circumstances;
gives the ombudsman rulemaking authority to implement and carry out a campus
investigation;
creates reporting requirements; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-16-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
35A-16-203
, as last amended by Laws of Utah 2025, Chapter 530
35A-16-1002
, as enacted by Laws of Utah 2025, Chapter 422
ENACTS:
35A-16-213
, Utah Code Annotated 1953
35A-16-1003
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
35A-16-102
is amended to read:
35A-16-102
. Definitions.
As used in this chapter:
(1)
"Board" means the Utah Homeless Services Board created in Section
35A-16-204
.
(2)
"Chief executive officer" means the same as that term is defined in Section
11-51-102
.
(3)
"Client" means an individual who is experiencing homelessness or an individual at risk
of becoming homeless.
(4)
"Collaborative applicant" means the entity designated by a continuum of care to collect
and submit data and apply for funds on behalf of the continuum of care, as required by
the United States Department of Housing and Urban Development.
(5)
"Continuum of care" means a regional or local planning body designated by the United
States Department of Housing and Urban Development to coordinate services for
individuals experiencing homelessness within an area of the state.
(6)
"Coordinator" means the state homelessness coordinator appointed under Section
63J-4-202
.
(7)
"County of the first class" means the same as that term is defined in Section
17-60-104
.
(8)
"County of the second class" means the same as that term is defined in Section
17-60-104
.
(9)
"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.
(10)
"Executive committee" means the executive committee of the board.
(11)
"Exit destination" means:
(a)
a homeless situation;
(b)
an institutional situation;
(c)
a temporary housing situation;
(d)
a permanent housing situation; or
(e)
other
situation
.
(12)
"First-tier eligible municipality" means a municipality that:
(a)
is located within:
(i)
a county of the first or second class, as classified in Section
17-60-104
; or
(ii)
a county of the third class, as classified in Section
17-60-104
, if the municipality
has a population of 100,000 or more;
(b)
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;
(c)
due to the location of an eligible shelter within the municipality's geographic
boundaries, requires eligible services; and
(d)
is certified as a first-tier eligible municipality in accordance with Section
35A-16-404
.
(13)
"Homeless Management Information System" or "HMIS" means an information
technology system that:
(a)
is used to collect client-level data and data on the provision of housing and services
to homeless individuals and individuals at risk of homelessness in the state; and
(b)
meets the requirements of the United States Department of Housing and Urban
Development.
(14)
"Homeless services budget" means the comprehensive annual budget and overview of
all homeless services available in the state described in Subsection
35A-16-203(1)(b)
.
(15)
(a)
"Homeless services campus" means a state homeless services campus facility
where individuals who are experiencing homelessness have access to emergency
shelter, behavioral and mental health treatment, and support services at one location.
(b)
"Homeless services campus" does not include a:
(i)
behavioral health transition facility, as that term is defined in Section 64-13-1;
(ii)
community correctional center, as that term is defined in Section 64-13-1;
(iii)
correctional facility, as that term is defined in Section 77-16b-102;
(iv)
medical, nursing, or psychiatric facility;
(v)
microshelter community; or
(vi)
noncongregate or overflow shelter.
(16)
"Incident report" means a chronological account of an incident, including factual
information gathered in response to an emergency, public safety service, or an
investigation by law enforcement, emergency medical services, or fire protection.
(15)
(17)
"Local homeless council" means a local planning body designated by the steering
committee to coordinate services for individuals experiencing homelessness within an
area of the state.
(16)
(18)
"Office" means the Office of Homeless Services.
(17)
(19)
"Residential, vocational and life skills program" means the same as that term is
defined in Section
13-53-102
.
(18)
(20)
"Second-tier eligible municipality" means a municipality that:
(a)
is located within:
(i)
a county of the fourth, fifth, or sixth class; or
(ii)
a county of the third class, if the municipality has a population of less than
100,000;
(b)
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;
(c)
due to the location of an eligible shelter within the municipality's geographic
boundaries, requires eligible services; and
(d)
is certified as a second-tier eligible municipality in accordance with Section
35A-16-404
.
(19)
(21)
(a)
"Service provider" means a state agency, a local government, or a private
organization that provides services to clients.
(b)
"Service provider" includes a correctional facility
and
,
the Administrative Office
of the Courts
, and a state homeless services campus facility
.
(20)
(22)
"Steering committee" means the Utah Homeless Network Steering Committee
created in Section
35A-16-206
.
(21)
(23)
"Strategic plan" means the statewide strategic plan to minimize homelessness in
the state described in Subsection
35A-16-203(1)(c)
.
(22)
(24)
"Type of homelessness" means:
(a)
chronic homelessness;
(b)
episodic homelessness;
(c)
situational homelessness; or
(d)
family homelessness.
Section 2. Section
35A-16-203
is amended to read:
35A-16-203
. Powers and duties of the coordinator.
(1)
The coordinator shall:
(a)
coordinate the provision of homeless services in the state;
(b)
in cooperation with the board, develop and maintain a comprehensive annual budget
and overview of all homeless services available in the state, which homeless services
budget shall receive final approval by the board;
(c)
in cooperation with the board, create a statewide strategic plan to minimize
homelessness in the state, which strategic plan shall receive final approval by the
board;
(d)
in cooperation with the board, oversee funding provided for the provision of
homeless services, which funding shall receive final approval by the board, including
funding from the:
(i)
Pamela Atkinson Homeless Account created in Section
35A-16-301
;
(ii)
Homeless to Housing Reform Restricted Account created in Section
35A-16-303
;
and
(iii)
Homeless Shelter Cities Mitigation Restricted Account created in Section
35A-16-402
;
(e)
provide administrative support to and serve as a member of the board;
(f)
at the governor's request, report directly to the governor on issues regarding
homelessness in the state and the provision of homeless services in the state;
and
(g)
in cooperation with the board, create a comprehensive plan to address the needs of a
homeless services campus in accordance with Section
35A-16-213
, which
comprehensive plan shall receive final approval by the board; and
(g)
(h)
report directly to the president of the Senate and the speaker of the House of
Representatives at least twice each year on issues regarding homelessness in the state
and the provision of homeless services in the state.
(2)
The coordinator, in cooperation with the board, shall ensure that the homeless services
budget described in Subsection
(1)(b)
includes an overview and coordination plan for all
funding sources for homeless services in the state, including from state agencies,
continuum of care organizations, housing authorities, local governments, federal
sources, and private organizations.
(3)
The coordinator, in cooperation with the board and taking into account the metrics
established and data reported in accordance with Section
35A-16-211
, shall ensure that
the strategic plan described in Subsection
(1)(c)
:
(a)
outlines specific goals and measurable benchmarks for minimizing homelessness in
the state and for coordinating services for individuals experiencing homelessness
among all service providers in the state;
(b)
identifies best practices or innovative strategies and recommends improvements to
the provision of services to individuals experiencing homelessness in the state to
ensure the services are provided in a safe, cost-effective, and efficient manner;
(c)
identifies best practices or innovative strategies and recommends improvements in
coordinating the delivery of services to the variety of populations experiencing
homelessness in the state, including through the use of electronic databases and
improved data sharing among all service providers in the state;
(d)
identifies gaps and recommends solutions in the delivery of services to the variety of
populations experiencing homelessness in the state; and
(e)
takes into consideration the success of the HOME Court Pilot Program established in
Section
26B-5-382
.
(4)
In overseeing funding for the provision of homeless services as described in Subsection
(1)(d)
, the coordinator:
(a)
shall prioritize the funding of programs and providers that have a documented history
of successfully reducing the number of individuals experiencing homelessness,
reducing the time individuals spend experiencing homelessness, moving individuals
experiencing homelessness to permanent housing, or reducing the number of
individuals who return to experiencing homelessness;
(b)
except for a program or provider providing services to victims of domestic violence,
may not approve funding to a program or provider that does not enter into a written
agreement with the office to collect and share HMIS data regarding the provision of
services to individuals experiencing homelessness so that the provision of services
can be coordinated among state agencies, local governments, and private
organizations; and
(c)
if the board has approved a funding formula developed by the steering committee, as
described in Section
35A-16-205
:
(i)
except as provided in Subsection
(4)(c)(ii)
, shall utilize that funding formula in
disbursing funds for the provision of homeless services; and
(ii)
shall ensure that any federal funds not subject to the funding formula are
disbursed in accordance with any applicable federal requirements.
(5)
In cooperation with the board, the coordinator shall update the annual statewide budget
and the strategic plan described in this section on an annual basis.
(6)
(a)
On or before October 1, the coordinator shall provide a written report to the
department for inclusion in the department's annual written report described in
Section
35A-1-109
.
(b)
The written report shall include:
(i)
the homeless services budget;
(ii)
the strategic plan;
(iii)
recommendations regarding improvements to coordinating and providing
services to individuals experiencing homelessness in the state;
(iv)
in coordination with the board, a complete accounting of the office's
disbursement of funds during the previous fiscal year from:
(A)
the Pamela Atkinson Homeless Account created in Section
35A-16-301
;
(B)
the Homeless to Housing Reform Restricted Account created in Section
35A-16-303
;
(C)
the Homeless Shelter Cities Mitigation Restricted Account created in Section
35A-16-402
;
(D)
the COVID-19 Homeless Housing and Services Grant Program created in
Section
35A-16-602
; and
(E)
any other grant program created in statute that is administered by the office;
and
(v)
the data described in Section
35A-16-211
.
Section 3. Section
35A-16-213
is enacted to read:
35A-16-213
. Homeless services campus requirements.
(1)
(a)
No later than 30 days after the day on which a homeless services campus location
is announced or recommended, the coordinator, in cooperation with the board, shall
develop a comprehensive plan to address the needs of the residents of the homeless
services campus and surrounding community.
(b)
If a homeless services campus location is announced or recommended on or before
May 6, 2026, the coordinator, in cooperation with the board, shall develop a
comprehensive plan to address the needs of the residents of the homeless services
campus and surrounding community no later than June 5, 2026.
(2)
The plan described in Subsection
(1)
shall include specific strategies and
implementation measures that address the following:
(a)
criminal justice assistance;
(b)
emergency shelter requirements and services;
(c)
employment and vocational support;
(d)
behavioral and mental health services, including addiction recovery services;
(e)
individualized case management;
(f)
transitional housing services;
(g)
transportation requirements;
(h)
safety measures for the residents, service providers, staff, and surrounding
community, including:
(i)
the use of security equipment in and around the homeless services campus facility
and property; and
(ii)
providing for physical security in and around the homeless services campus
facility and property for 24 hours per day, seven days per week, and every day of
the year;
(i)
service provider requirements;
(j)
support staff requirements; and
(k)
other treatment and support services that provide for the needs of an individual who
is experiencing homelessness.
(3)
(a)
For behavioral and mental health services provided at the homeless services
campus:
(i)
the service provider shall be licensed or certified in accordance with Title 58,
Chapter 60, Mental Health Professional Practice Act;
(ii)
the service provider-patient ratio shall be no more than three patients per service
provider; and
(iii)
the support staff shall have sufficient experience in behavioral and mental health
services to assist in managing a patient's needs.
(b)
For treatment and support services other than behavioral and mental health services:
(i)
the service providers and staff shall be licensed or certified as required by law or
have the relevant experience required to provide proper treatment or support to the
individual who is experiencing homelessness;
(ii)
the service provider-client ratio shall meet the industry standards for the service
provided; and
(iii)
the number of on-site support staff shall be sufficient to ensure a safe
environment for the homeless services campus, homeless services campus
residents, and surrounding community.
(4)
The coordinator shall, in cooperation with the board:
(a)
post and maintain in places readily accessible to homeless services campus residents:
(i)
on-campus services available to homeless services campus residents; and
(ii)
the process to file a complaint with the ombudsman's office, as described in
Subsection
35A-16-1002(1)(a)
;
(b)
coordinate with law enforcement, emergency medical services, and fire protection to
receive incident reports created in response to emergency calls and other services
provided by law enforcement, emergency medical services, or fire protection to the
homeless services campus and the homeless services campus's residents, employees,
or volunteers;
(c)
provide a copy of an incident report received under Subsection
(4)(b)
to the
ombudsman for the ombudsman to conduct an investigation in accordance with
Section
35A-16-1003
;
(d)
cooperate with homeless services campus investigations conducted by the
ombudsman, as described in Section
35A-16-1003
; and
(e)
include in the annual report required by Section
35A-16-203
, a written report on the
homeless services campus's progress and adherence to the plan described in this
section.
Section 4. Section
35A-16-1002
is amended to read:
35A-16-1002
. Homeless services provider ombudsman -- Powers and duties --
Reporting requirements.
(1)
The ombudsman shall:
(a)
provide training and information to public agencies, private entities, individuals,
service providers, and other interested parties across the state regarding:
(i)
the role and duties of the ombudsman;
(ii)
the rights and privileges of an individual experiencing homelessness;
(iii)
services available in the state to an individual experiencing homelessness; and
(iv)
how to submit a complaint;
and
(b)
develop a website to provide the information described in this Subsection
(1)
in a
form that is easily accessible
.
; and
(c)
in accordance with Section
35A-16-1003
, conduct an investigation in response to an
incident report received under Section
35A-16-213
.
(2)
The ombudsman may:
(a)
decline to investigate a complaint or continue an investigation of a complaint;
(b)
conduct an investigation on the ombudsman's own initiative;
(c)
conduct further investigation upon the request of the complainant; or
(d)
recommend that a complainant pursue other available remedies before pursuing a
complaint with the ombudsman.
(3)
(a)
A service provider shall display an ombudsman program information poster
containing the information described in Subsection
(1)
in a location that is easily
visible to all clients, volunteers, and staff members.
(b)
The office is responsible for providing the posters, which shall include a phone
number and a link to the website described in Subsection
(1)(b)
.
(4)
After the ombudsman receives a complaint, the ombudsman shall notify the
complainant and the office:
(a)
whether the ombudsman will investigate the complaint; and
(b)
if the ombudsman decides not to investigate the complaint, the reason for the
decision.
(5)
(a)
If the ombudsman decides to investigate a complaint, the ombudsman shall
determine whether a service provider's act or omission with respect to a particular
client:
(i)
is contrary to state or federal law;
(ii)
places a client's health or safety at risk;
(iii)
is made without an adequate statement of reason; or
(iv)
is based on irrelevant, immaterial, or erroneous grounds.
(b)
If the ombudsman determines, after completing the investigation described in
Subsection
(5)
(a), that a service provider's act or omission violates state or federal
law, the ombudsman shall:
(i)
prepare a written report of the findings and recommendations, as described in
Subsection
(6)
, if any, of each investigation;
(ii)
provide a copy of the report to the claimant; and
(iii)
provide a copy of the report and recommendations, if any, to the office and the
appropriate county or district attorney or the attorney general.
(6)
The ombudsman may make recommendations to the office to consider:
(a)
policies or procedures that may need to be addressed, modified, or canceled; or
(b)
any other recommendations necessary to carry out the purposes of this part.
(7)
(a)
On or before October 1 of each year, the ombudsman shall provide a written
report to the office for inclusion in the office's annual report described in Section
35A-16-208
.
(b)
The written report shall include:
(i)
the total number of complaints filed with the ombudsman;
(ii)
the report described in Subsection
35A-16-1003(4)
;
(ii)
(iii)
the number of complaints the ombudsman investigated;
(iii)
(iv)
reoccurring themes among complaints, if any; and
(iv)
(v)
any recommendations described in Subsection
(6)
.
(8)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the office shall make rules to implement this part.
(b)
The rules described in Subsection
(8)(a)
shall include a maximum time within which
the ombudsman is required to respond to and complete an investigation of a
complaint under Subsections
(4)
and (5).
(9)
Subsection
(2)(d)
does not prevent a complainant from making a complaint directly with
the ombudsman before pursuing any other available remedies provided for in state or
federal law.
Section 5. Section
35A-16-1003
is enacted to read:
35A-16-1003
. Homeless services campus investigation requirements.
(1)
In accordance with Section
35A-16-1002
, the ombudsman shall conduct an
investigation of a homeless services campus's compliance of Section
35A-16-213
:
(a)
beginning on the day on which a homeless services campus begins to provide
services and for every six months following the initial investigation; or
(b)
no later than 10 days from the day on which the ombudsman receives:
(i)
a complaint under Section
35A-16-1002
; or
(ii)
an incident report under Section
35A-16-213
.
(2)
If the ombudsman, after completing the investigation described in this section, identifies
a violation of Section
35A-16-213
, the ombudsman shall, on or before 10 days after the
day on which the ombudsman identifies the violation:
(a)
prepare a written report of the violation and recommendations, if any, for
remediation;
(b)
notify and provide the coordinator, board, and homeless services campus with the
written report described in Subsection
(2)(a)
;
(c)
in consultation with the coordinator, work with the homeless services campus to
create a remediation plan; and
(d)
provide the homeless services campus 30 days after the day on which the
remediation plan is created to cure the violation.
(3)
(a)
If the ombudsman determines, after completing the investigation described in this
section, that a homeless services campus employee's, volunteer's, or resident's act or
omission violates state or federal law, the ombudsman shall immediately:
(i)
prepare a written report of the findings and recommendations, if any, of the
investigation;
(ii)
provide a copy of the report to the office, coordinator, and board; and
(iii)
provide a copy of the report to the appropriate county or district attorney or the
attorney general.
(b)
The ombudsman may recommend to the office that a homeless services campus
ceases operation if:
(i)
the ombudsman receives at least three complaints or incident reports in a calendar
quarter;
(ii)
the homeless services campus fails to cure a violation within the time provided
under Subsection
(2)(d)
; or
(iii)
after an investigation under Subsection
(2)
, or after a determination made under
Subsection
(3)(a)
, the ombudsman finds there is a measurable decrease in the
safety, security, and well-being of the homeless services campus residents and
surrounding community.
(c)
If the ombudsman recommends to the office that a homeless services campus ceases
operation for reasons described in this Subsection
(3)
, the office shall have 30 days
from the day on which the office receives the report described in Subsection
(3)(a)
to
cease all operations at the homeless services campus other than for emergency shelter
services, which emergency shelter services may continue in accordance with this
chapter.
(4)
On or before October 1 of each year, the ombudsman shall prepare and submit a report
to the Executive Appropriations Committee on:
(a)
the number and nature of complaints or incident reports received;
(b)
the number of investigations conducted and the resulting compliance determination;
and
(c)
if a violation is identified:
(i)
the remediation plan and homeless services campus's progress under Subsection
(2)(d)
; or
(ii)
the report and recommendation described in Subsection
(3)
.
(5)
The Legislature may withhold future state appropriations to a homeless services campus
if the homeless services campus fails to cure a violation of Section
35A-16-213
within
the time provided under Subsection
(2)(d)
.
(6)
The report described in Subsection
(4)
shall be included in the office's annual report
described in Section
35A-16-208
.
(7)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules to implement this part.
(8)
Nothing in this section prevents an individual from providing public safety services,
including law enforcement, emergency medical services, and fire protection, to the
homeless services campus, the homeless services campus's residents, employees, or
volunteers, or the surrounding community.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-10-26 8:55 AM