Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 342 (2016GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• changes the name of the Utah Substance Abuse Advisory Council to the Utah Substance Use and Mental Health Advisory Council;
• modifies the membership of the Utah Substance Use and Mental Health Advisory Council;
• changes the title of the Drug Offender Reform Act to the Drug-Related Offenses Reform Act;
• expands the application of the Drug-Related Offenses Reform Act beyond persons convicted of a felony to any convicted offenders determined to be eligible under the implementation plan developed by the Utah Substance Use and Mental Health Advisory Council; and
• makes technical corrections.

Every vote on this bill

Bill text

SUBSTANCE ABUSE PROGRAMS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Jerry W. Stevenson
LONG TITLE
General Description:
This bill modifies provisions of the Utah Code regarding the Utah Substance Abuse
Advisory Council.
Highlighted Provisions:
This bill:
▸ changes the name of the Utah Substance Abuse Advisory Council to the Utah
Substance Use and Mental Health Advisory Council;
▸ modifies the membership of the Utah Substance Use and Mental Health Advisory
Council;
▸ changes the title of the Drug Offender Reform Act to the Drug-Related Offenses
Reform Act;
▸ expands the application of the Drug-Related Offenses Reform Act beyond persons
convicted of a felony to any convicted offenders determined to be eligible under the
implementation plan developed by the Utah Substance Use and Mental Health
Advisory Council; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
32B-2-210
, as enacted by Laws of Utah 2012, Chapter 365
32B-2-402
, as last amended by Laws of Utah 2014, Chapter 119
53-1-119
, as last amended by Laws of Utah 2014, Chapter 163
63M-7-301
, as last amended by Laws of Utah 2012, Chapter 212
63M-7-302
, as last amended by Laws of Utah 2014, Chapter 387
63M-7-303
, as last amended by Laws of Utah 2014, Chapter 120
63M-7-305
, as last amended by Laws of Utah 2011, Chapter 51
77-18-1.1
, as last amended by Laws of Utah 2011, Chapters 342 and 366
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
32B-2-210
 is amended to read:
32B-2-210.
Alcoholic Beverage Control Advisory Board.
(1) There is created within the department an advisory board known as the "Alcoholic
Beverage Control Advisory Board."
(2) The advisory board shall consist of 12 members as follows:
(a) the following voting members appointed by the commission, a representative of:
(i) a full-service restaurant licensee;
(ii) a limited-service restaurant licensee;
(iii) a beer-only restaurant licensee;
(iv) a social club licensee;
(v) a fraternal club licensee;
(vi) a dining club licensee;
(vii) a wholesaler licensee;
(viii) an on-premise banquet licensee;
(ix) an on-premise beer retailer licensee; and
(x) a reception center licensee;
(b) the chair of the Utah Substance [
Abuse
] 
Use and Mental Health
 Advisory Council,
or the chair's designee, who serves as a voting member; and
(c) the chair of the commission or the chair's designee from the members of the
commission, who shall serve as a nonvoting member.
(3) (a) Except as required by Subsection (3)(b), as terms of current voting members of
the advisory board expire, the commission shall appoint each new member or reappointed
member to a four-year term beginning July 1 and ending June 30.
(b) Notwithstanding the requirements of Subsection (3)(a), the commission shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
voting advisory board members are staggered so that approximately half of the advisory board
is appointed every two years.
(c) No two members of the board may be employed by the same company or nonprofit
organization.
(4) (a) When a vacancy occurs in the membership for any reason, the commission shall
appoint a replacement for the unexpired term.
(b) The commission shall terminate the term of a voting advisory board member who
ceases to be representative as designated by the member's original appointment.
(5) The advisory board shall meet no more than quarterly as called by the chair for the
purpose of advising the commission and the department, with discussion limited to
administrative rules made under this title.
(6) The chair of the commission or the chair's designee shall serve as the chair of the
advisory board and call the necessary meetings.
(7) (a) Six members of the board constitute a quorum of the board.
(b) An action of the majority when a quorum is present is the action of the board.
(8) The department shall provide staff support to the advisory board.
(9) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 2. Section 
32B-2-402
 is amended to read:
32B-2-402.
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 council" means the Utah Substance [
Abuse
] 
Use and Mental Health
Advisory Council created in Section 
63M-7-301
.
(c) "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) "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.
(e) "Municipality" means:
(i) a city; or
(ii) a town.
(f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, by the Division of Substance Abuse and Mental Health within
the Department of 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 
17-43-201
.
(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 Estimates 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 3. Section 
53-1-119
 is amended to read:
53-1-119.
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 commissioner, or the commissioner's designee;
(b) the executive director of the Department of Health, or the executive director's
designee;
(c) the executive director of the Department of Human Services, or the executive
director's designee;
(d) the director of the Department of Alcoholic Beverage Control, or the director's
designee;
(e) the executive director of the Department of Workforce Services, or the executive
director's designee;
(f) the chair of the Utah Substance [
Abuse
] 
Use and Mental Health
 Advisory Council,
or the chair's designee;
(g) the state court administrator or the state court administrator's designee; and
(h) the executive director of the Department of Technology Services, or the executive
director's designee.
(2) The commissioner, or the commissioner'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, except that the chair shall call a
meeting at least twice a year:
(a) with one meeting held before April 1 of each year to develop the report required
under Subsection (7); and
(b) with one meeting to review and finalize the report before it is issued July 1.
(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 within the
Department of Human Services;
(e) where the alcoholic products are obtained that results in the violations or costs
described in Subsections (6)(a) through (d); and
(f) any information the committee determines can be collected and relates to the abuse
of alcoholic products.
(7) Beginning July 1, 2014, the committee shall report the information collected under
Subsection (6) annually to the governor and the Legislature by no later than the July 1
immediately following the calendar year for which the information is collected.
Section 4. Section 
63M-7-301
 is amended to read:
63M-7-301.
Definitions -- Creation of council -- Membership -- Terms.
(1) (a) As used in this part, "council" means the Utah Substance [
Abuse
] 
Use and
Mental Health
 Advisory Council created in this section.
(b) There is created within the governor's office the Utah Substance [
Abuse
] 
Use and
Mental Health
 Advisory Council.
(2) The council shall be comprised of the following voting members:
(a) the attorney general or the attorney general's designee;
(b) [
a county commissioner designated
] 
an 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 Substance Abuse and Mental Health 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 or the 
executive
 director's
designee;
(g) the executive director of the Commission on Criminal and Juvenile Justice or the
executive director's designee;
[
(h) the governor or the governor's designee;
]
[
(i)
] 
(h)
 the executive director of the Department of Corrections or the executive
director's designee;
[
(j)
] 
(i)
 the director of the Division of Juvenile Justice Services or the director's
designee;
[
(k) the executive director of the private nonprofit Utah Domestic Violence Council or
the executive 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;
[
(l)
] 
(m)
 the director of the Division of Indian Affairs or the director's designee;
[
(m)
] 
(n)
 the state court administrator or the state court administrator's designee;
(o) a district court judge who presides over a drug court and who is appointed by the
chief justice of the Utah Supreme Court;
(p) a district court judge who presides over a mental health court and who is appointed
by the chief justice of the Utah Supreme Court;
(q) a juvenile court judge who presides over a drug court and who is appointed by the
chief justice of the Utah Supreme Court;
(r) a prosecutor appointed by the Statewide Association of Prosecutors;
(s) the chair or co-chair of each committee established by the council;
[
(n)
] 
(t)
 the following members [
designated
] 
appointed
 to serve four-year terms:
(i) a member of the House of Representatives [
designated
] 
appointed
 by the speaker of
the House of Representatives;
(ii) a member of the Senate [
designated
] 
appointed
 by the president of the Senate; and
(iii) a representative [
designated
] 
appointed
 by the Utah League of Cities and Towns;
[
(o)
] 
(u)
 the following members appointed by the governor to serve four-year terms:
[
(i) a representative of the Utah National Guard;
]
[
(ii)
] 
(i)
 one resident of the state who has been personally affected by [
alcohol or other
drug abuse
] 
a substance use or mental health disorder
; and
[
(iii)
] 
(ii)
 one citizen representative; 
and
[
(p)
] 
(v)
 in addition to the voting members described in Subsections (2)(a) through
[
(o)
] 
(u)
, the following voting members [
may be
] appointed by a majority of the members
described in Subsections (2)(a) through [
(o)
] 
(u)
 to serve four-year terms:
[
(i) a person knowledgeable in criminal justice issues;
]
[
(ii) a person knowledgeable in substance abuse treatment issues;
]
[
(iii) a person knowledgeable in substance abuse prevention issues; and
]
[
(iv) a person knowledgeable in judiciary issues; and
]
[
(q) in addition to the voting members described in Subsections (2)(a) through (p), one
or more chairs or co-chairs of a committee established by the council under Subsection
63M-7-302
(5) may be appointed as a voting member by a majority of the members described in
Subsections (2)(a) through (p).
]
(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 prevention professionals;
(iv) one resident of the state who represents treatment professionals;
(v) one resident of the state who represents the physical health care field;
(vi) one resident of the state who is a criminal defense attorney;
(vii) one resident of the state who is a military servicemember or military veteran under
Section 
53B-8-102
; and
(viii) one resident of the state who represents local law enforcement agencies.
(3) A person other than a person described in Subsection (2) may not be appointed as a
voting member of the council.
Section 5. Section 
63M-7-302
 is amended to read:
63M-7-302.
Chair -- Vacancies -- Quorum -- Expenses.
(1) The Utah Substance [
Abuse
] 
Use and Mental Health
 Advisory Council shall
annually select one of its members to serve as chair and one of its members to serve as vice
chair.
(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 council constitutes a quorum.
(4) (a) A member who is not a legislator may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(5) The council may establish committees as needed to assist in accomplishing its
duties under Section 
63M-7-303
.
Section 6. Section 
63M-7-303
 is amended to read:
63M-7-303.
Duties of council.
(1) The Utah Substance [
Abuse
] 
Use and Mental Health
 Advisory Council shall:
(a) provide leadership and generate unity for Utah's ongoing efforts to [
combat
substance abuse
] 
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 [
a
]
statewide [
substance abuse policy
] 
policies to address substance use and mental health
disorders
;
(c) facilitate planning for a balanced continuum of substance [
abuse
] 
use and mental
health disorder
 prevention, treatment, and justice services;
(d) promote collaboration and mutually beneficial public and private partnerships;
(e) coordinate recommendations made by any committee created under Section
63M-7-302
;
(f) analyze and provide an objective assessment of all proposed legislation concerning
[
alcohol and other drug
] 
substance use, mental health, and related
 issues;
(g) coordinate the implementation of Section 
77-18-1.1
 and related provisions in
Subsections 
77-18-1
(5)(b)(iii) and (iv), as provided in Section 
63M-7-305
; and
(h) comply with Section 
32B-2-306
.
(2) The council shall meet quarterly or more frequently as determined necessary by the
chair.
(3) The council shall report its recommendations annually to the commission,
governor, the Legislature, and the Judicial Council.
Section 7. Section 
63M-7-305
 is amended to read:
63M-7-305.
Drug-Related Offenses Reform Act -- Coordination.
(1) As used in this section:
(a) "Council" means the Utah Substance [
Abuse
] 
Use and Mental Health
 Advisory
Council.
(b) "Drug [
Offender
]
-Related Offenses
 Reform Act" and "act" mean the screening,
assessment, substance [
abuse
] 
use disorder
 treatment, and supervision provided to convicted
[
offenders
] 
persons
 under Subsection 
77-18-1.1
(2) to:
(i) determine [
offenders'
] 
a person's
 specific substance [
abuse
] 
use disorder
 treatment
needs as early as possible in the judicial process;
(ii) expand treatment resources for [
offenders
] 
persons
 in the community;
(iii) integrate 
a person's
 treatment [
of offenders
] with supervision by the Department of
Corrections; and
(iv) reduce the incidence of substance [
abuse
] 
use disorders
 and related criminal
conduct.
(c) "Substance abuse authority" has the same meaning as in Section 
17-43-201
.
(2) The council shall provide ongoing oversight of the implementation, functions, and
evaluation of the Drug [
Offender
]
-Related Offenses
 Reform Act.
(3) The council shall develop an implementation plan for the Drug [
Offender
]
-Related
Offenses
 Reform Act. The plan shall:
(a) identify local substance abuse authority areas where the act will be implemented, in
cooperation with the Division of Substance Abuse and Mental Health, the Department of
Corrections, and the local substance abuse authorities;
(b) include guidelines 
for local substance abuse authorities and the Utah Department of
Corrections
 on how funds appropriated under the act should be used
, including eligibility
requirements for convicted persons who participate in services funded by the act, that are
consistent with the recommendations of the Commission on Criminal and Juvenile Justice for
reducing recidivism
; 
and
(c) require that treatment plans under the act are appropriate for [
criminal offenders;
]
persons involved in the criminal justice system.
[
(d) include guidelines on the membership of local planning groups;
]
[
(e) include guidelines on the membership of the Department of Corrections' planning
group under Subsection (5); and (f) provide guidelines for the Commission on Criminal and
Juvenile Justice to conduct an evaluation of the implementation, impact, and results of the act.
]
[
(4) (a) Each local substance abuse authority designated under Subsection (3) to
implement the act shall establish a local planning group and shall submit a plan to the council
detailing how the authority proposes to use the act funds. The uses shall be in accordance with
the guidelines established by the council under Subsection (3).
]
[
(b) Upon approval of the plan by the council, the Division of Substance Abuse and
Mental Health shall allocate the funds.
]
[
(c) Local substance abuse authorities shall annually, on or before October 1, submit to
the Division of Substance Abuse and Mental Health and to the council reports detailing use of
the funds and the impact and results of the use of the funds during the prior fiscal year ending
June 30.
]
[
(5) (a) The Department of Corrections shall establish a planning group and shall
submit a plan to the council detailing how the department proposes to use the act funds. The
uses shall be in accordance with the guidelines established by the council under Subsection
(3).
]
[
(b) The Department of Corrections shall annually, before October 1, submit to the
council a report detailing use of the funds and the impact and results of the use of the funds
during the prior fiscal year ending June 30.
]
[
(6) The council shall monitor the progress and evaluation of the act and shall provide
a written report on the implementation, impact, and results of the act to the Law Enforcement
and Criminal Justice and the Health and Human Services legislative interim committees
annually before November 1.
]
Section 8. Section 
77-18-1.1
 is amended to read:
77-18-1.1.
Screening, assessment, and treatment.
(1) As used in this section:
(a) "Assessment" has the same meaning as in Section 
41-6a-501
.
(b) "Convicted" means:
(i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
illness, or no contest; and
(ii) conviction of any crime or offense.
(c) "Screening" has the same meaning as in Section 
41-6a-501
.
(d) "Substance [
abuse
] 
use disorder
 treatment" means treatment obtained through a
substance [
abuse
] 
use disorder
 program that is licensed by the Office of Licensing within the
Department of Human Services.
(2) On or after July 1, 2009, the courts of the judicial districts where the Drug
[
Offender
]
-Related Offenses
 Reform Act under Section 
63M-7-305
 is implemented shall, in
coordination with the local substance abuse authority regarding available resources, order
[
offenders convicted of a felony
] 
convicted persons determined to be eligible in accordance
with the implementation plan developed by the Utah Substance Use and Mental Health
Advisory Council under Section 
63M-7-305
 to:
(a) participate in a screening prior to sentencing;
(b) participate in an assessment prior to sentencing if the screening indicates an
assessment to be appropriate; and
(c) participate in substance [
abuse
] 
use disorder
 treatment if:
(i) the assessment indicates treatment to be appropriate;
(ii) the court finds treatment to be appropriate for the [
offender
] 
convicted person
; and
(iii) the court finds the [
offender
] 
convicted person
 to be an appropriate candidate for
community-based supervision.
(3) The findings from any screening and any assessment conducted under this section
shall be part of the presentence investigation report submitted to the court before sentencing of
the [
offender
] 
convicted person
.
(4) Money appropriated by the Legislature to assist in the funding of the screening,
assessment, substance [
abuse
] 
use disorder
 treatment, and supervision provided under this
section is not subject to any requirement regarding matching funds from a state or local
governmental entity.