HB0031 • 2020

Criminal justice-mental health-substance use programming.

AN ACT relating to behavioral health and substance use disorders; requiring the department of health and the department of corrections to collaborate to reduce criminal offender recidivism by improving mental health and substance use programming and funding; creating new programs; creating a unit within the department of corrections; making an appropriation; requiring reports; and providing for an effective date.

Budget Taxes

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Labor
Last action: 2020-03-24
Official status: enrolled
Effective date: 7/1/2020

Plain English Breakdown

The official bill text does not specify details about the exact assessment tools to be used or recognized universally.

Behavioral Health and Substance Use Disorder Programs

This law requires the Department of Health and the Department of Corrections to work together on programs for mental health and substance use treatment, aiming to reduce repeat offenses by people in the criminal justice system.

What This Bill Does

Requires the Department of Health and the Department of Corrections to collaborate on improving mental health and substance use disorder programming.
Creates a behavioral health services enhancement program for community providers to improve outcomes for individuals involved with the criminal justice system.
Adopts standardized, evidence-based treatment practices for those in the criminal justice system.
Establishes a quality improvement unit within the Department of Corrections to monitor assessment tools and report progress annually until 2023.

Who It Names or Affects

People involved with the criminal justice system who have mental health or substance use disorders.
The Wyoming Department of Health and the Wyoming Department of Corrections.

Terms To Know

Recidivism: When someone who has been in trouble with the law gets into trouble again after being punished before.
Evidence-based treatment practices: Treatment methods that are based on research and have proven to be effective.

Limits and Unknowns

The bill does not specify how many people will benefit from the new programs.
It is unclear what specific assessment tools will be used or recognized universally.
Funding for the quality improvement unit ends June 30, 2022.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0031HW001

Committee of the Whole • Representative Olsen

Adopted

Plain English: The amendment adds a requirement for the Department of Corrections to submit regular reports on the status, progress, results, expenditures, and remaining funds of a new unit within the department.

Adds language requiring the Department of Corrections to report twice yearly (June 30 and December 31) to the Joint Appropriations Committee about the status and activities of a newly created unit.

The amendment does not specify details on what constitutes 'results of unit efforts' or how funds are to be managed beyond requiring reports.

HB0031HW002

Committee of the Whole • Representative Walters

Adopted

Plain English: The amendment removes language authorizing new positions and modifies the text to delete specific sections related to additional units within the department of corrections.

Removes the phrase 'authorizing new' from the bill's initial line.
Deletes the word 'positions;' from the bill.
Changes 'three (3) additional' to 'quality improvement unit' and removes subsequent text on page 8, line 1.
Eliminates lines 10 through 14 on page 8.

The amendment's exact impact on the overall bill is unclear without understanding the full context of the deleted sections.

HB0031HW003

Committee of the Whole • Representative Wilson

Adopted

Plain English: The amendment changes the wording in two places of HB0031 to specify that certain assessments should include tools for both mental health and substance use disorder treatment.

Adds 'mental health and' after 'of' on page 3, line 11 and page 6, line 11.
Replaces 'assessments' with 'assessment tools that may be applicable to mental health and substance use disorder treatment' on page 3, line 13 and page 6, line 13.

The amendment does not provide details about what specific assessment tools will be used or how they will be implemented.

HB0031HS001

Standing Committee • House Appropriations Committee

Adopted

Plain English: The amendment changes the funding amount for a program and adds language about legislative intent regarding future budgeting.

Reduces the funding from $648,760 to $324,380.
Adds new text stating that this appropriation should not be included in the Department of Corrections' standard budget for the next fiscal biennium.
Changes the effective date from 'immediately upon' enactment to July 1, 2020.

The amendment does not provide details on how the reduced funding will affect program operations or outcomes.

HB0031SS001

Standing Committee • Senate Labor, Health and Social Services Committee

Adopted

Plain English: The amendment changes the reporting requirement from appropriations to a labor, health and social services interim committee.

Removes the word 'appropriations' and replaces it with 'labor, health and social services interim'.
Modifies the report submission deadline to be by September 1 of each year through 2023.

The amendment does not specify what changes will occur regarding appropriations or funding.
It is unclear how this change in reporting requirements will affect the overall process and outcomes.

Bill History

2020-03-24 LSO
Assigned Chapter Number 152
2020-03-24 Governor
Governor Signed HEA No. 0062
2020-03-10 Senate
S President Signed HEA No. 0062
2020-03-10 House
H Speaker Signed HEA No. 0062
2020-03-10 LSO
Assigned Number HEA No. 0062
2020-03-10 House
H Concur:Passed 45-14-1-0-0
2020-03-09 House
H Received for Concurrence
2020-03-09 Senate
S 3rd Reading:Passed 30-0-0-0-0
2020-03-06 Senate
S 2nd Reading:Passed
2020-03-05 Senate
S COW:Passed
2020-03-04 Senate
S Placed on General File
2020-03-04 Senate
S02 - Appropriations:Recommend Do Pass 5-0-0-0-0
2020-02-27 Senate
:Rerefer to S02 - Appropriations
2020-02-26 Senate
S10 - Labor:Recommend Amend and Do Pass 5-0-0-0-0
2020-02-24 Senate
S Introduced and Referred to S10 - Labor
2020-02-24 Senate
S Received for Introduction
2020-02-21 House
H 3rd Reading:Passed 58-2-0-0-0
2020-02-20 House
H 2nd Reading:Passed
2020-02-19 House
H COW:Passed
2020-02-17 House
H Placed on General File
2020-02-17 House
H02 - Appropriations:Recommend Amend and Do Pass 7-0-0-0-0
2020-02-13 House
:Rerefer to H02 - Appropriations
2020-02-13 House
H10 - Labor:Recommend Do Pass 9-0-0-0-0
2020-02-10 House
H Introduced and Referred to H10 - Labor 59-0-1-0-0
2020-02-07 House
H Received for Introduction
2019-12-30 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0295
Bill No.:

HB0031

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0295

Enrolled Act No.:

HEA No. 0062

Chapter No.:

152

Prime Sponsor:

Joint Labor, Health & Social Services Interim Committee

Catch Title:

Criminal justice-mental health-substance use programming.

Subject:

Mental health and substance abuse in the corrections system.

Summary/Major Elements:

The act requires coordination between the Department of Health and the Department of Corrections to develop new programs that improve mental health and substance use treatment for persons involved in the correctional system. The purpose is to reduce recidivism rates. The act requires:
The creation of a behavioral health services enhancement program for community behavioral health providers through contracts administered by the Department of Health;
The adoption of standardized,
evidence based
treatment practices;
To the extent allowed by law, efforts to permit and require the portability and universal recognition of mental health and substance use disorder assessment tools; and
The creation of competitive and
outcome based
funding streams for behavioral health providers to expand services, improve quality and increase provider training.

The act requires the Department of Corrections to create a quality improvement unit to regularly monitor the administration and use of assessment tools. The Department must report to the joint labor, health and social services interim committee on the creation, progress and work of the new unit by September 1 of each year through 2023.

Comments:

The act appropriates three hundred twenty-four thousand three hundred eighty dollars ($324,380.00) from the general fund to the Department of Corrections to fund its new quality improvement unit.

The Department of Corrections must provide reports as described above.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

20LSO-0295

ORIGINAL House

ENGROSSED
Bill No
.
HB0031

ENROLLED ACT NO. 62,

HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to behavioral health and substance use disorders; requiring the department of health and the department of corrections to collaborate to reduce criminal offender recidivism by improving mental health and substance use programming and funding; creating new programs; creating a unit within the department of corrections; making an appropriation; requiring reports; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 9
‑
2
‑
130 is created to read:

9
‑
2
‑
130.

Mental health and substance use disorder programming; department of corrections; criminal justice populations
.

(a)

Pursuant to this section and W.S. 25
‑
1
‑
105(f) and (g), the department of health shall collaborate with the department of corrections to reduce recidivism rates for persons with behavioral health needs and substance use disorders who are involved in the criminal justice system and improve mental health and substance use disorder programming by:

(i)

Creating a behavioral health services enhancement program for community providers to improve outcomes for persons involved in the criminal justice system through a separate contract, or in a separate provision in an existing contract, administered by the department of health;

(ii)

Adopting standardized, evidence based treatment practices and guidelines for treating and providing programming to persons involved in the criminal
justice system with behavioral health and substance use needs;

(iii)

Increasing communication between the department of health, the department of corrections and contracted behavioral health providers working with persons involved in the criminal justice system;

(iv)

Promoting and requiring to the maximum extent practical and permissible under applicable laws and regulations the portability and universal recognition of mental health and substance use disorder assessment tools and other assessment tools that may be applicable to mental health and substance use disorder treatment; and

(v)

Creating a competitive and outcomes based funding stream for behavioral health providers to:

(A)

Expand existing services for criminal justice involved populations;

(B)

Improve the quality and availability of services and programs;

(C)

Train and develop the skills of providers and stakeholders working with persons who have behavior health needs and substance use disorders and who are involved in the criminal justice system.

(b)

This section shall not be interpreted to require the creation or maintenance of any duplicate functions, services or programs in the department of health and the department of corrections, but shall be interpreted with W.S. 25
‑
1
‑
105(f) and (g) to require coordination and collaboration between the agencies to assure the creation
and maintenance of independent or coordinated functions, services and programs to meet the goals of this section and W.S. 25
‑
1
‑
105(f) and (g).

Section 2.

W.S. 25
‑
1
‑
105 by creating new subsections (f) and (g) is amended to read:

25
‑
1
‑
105.

Powers of department; care of persons committed outside of state
.

(f)

Pursuant to this section and W.S. 9
‑
2
‑
130, the department of corrections shall collaborate with the department of health to reduce recidivism rates for persons with behavioral health needs and substance use disorders who are involved in the criminal justice system and improve mental health and substance use disorder programming by:

(i)

Improving the quality and accuracy of substance use assessments administered to persons with criminal justice involvement by creating a quality improvement unit in the department of corrections that will regularly monitor the administration and use of assessment tools. The department of corrections shall report to the joint labor, health and social services interim committee on the status of the unit, including progress on the creation of the unit, results of unit efforts, unit expenditures and remaining funds from appropriations made for the unit. The department of corrections shall provide this report to the joint labor, health and social services interim committee by September 1 of each year through 2023;

(ii)

Creating a behavioral health services enhancement program for community providers to improve outcomes for persons involved in the criminal justice system through a separate contract, or in a separate
provision in an existing contract, administered by the department of health;

(iii)

Adopting standardized, evidence based treatment practices and guidelines for treating and providing programming to persons involved in the criminal justice system with behavioral health and substance use needs;

(iv)

Increasing communication between the department of health, the department of corrections and contracted behavioral health providers working with persons involved in the criminal justice system;

(v)

Promoting and requiring to the maximum extent practical and permissible under applicable laws and regulations the portability and universal recognition of mental health and substance use disorder assessment tools and other assessment tools that may be applicable to mental health and substance use disorder treatment; and

(vi)

Creating a competitive and outcomes based funding stream for behavioral health providers to:

(A)

Expand existing services for criminal justice involved populations;

(B)

Improve the quality and availability of services and programs;

(C)

Train and develop the skills of providers and stakeholders working with persons who have behavior health needs and substance use disorders and who are involved in the criminal justice system.

(g)

This section shall not be interpreted to require the creation or maintenance of any duplicate functions, services or programs in the department of corrections and the department of health, but shall be interpreted with W.S. 9
‑
2
‑
130 to require coordination and collaboration between the agencies to assure the creation and maintenance of independent or coordinated functions, services and programs to meet the goals of this section and W.S. 9
‑
2
‑
130.

Section 3.

There is appropriated three hundred twenty
‑
four thousand three hundred eighty dollars ($324,380.00) from the general fund to the department of corrections for the purpose of creating the quality improvement unit in the department of corrections required by W.S. 25
‑
1
‑
105(f)(i), created by this act, including for the payment of salaries and benefits for quality improvement unit employees. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2022. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2022. It is the intent of the legislature that this appropriation not be included in the department of
correction's
standard budget for the immediately succeeding fiscal biennium.

Section 4.

This act is effective July 1, 2020.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1