Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 23 First Substitute (2023GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the council's membership to include an individual that represents the Utah State Hospital;
• moves responsibilities from the Forensic Mental Health Coordinating Council to the council;
• authorizes the council to determine and collect data from the Department of Corrections regarding mental health services; and
• requires the council to report on the adequacy of employee pay at the Utah State Hospital.

Every vote on this bill

Bill text

FORENSIC MENTAL HEALTH AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
General Description:
This bill modifies the duties of the Utah Substance Use and Mental Health Advisory
Council (council) regarding forensic mental health. 
Highlighted Provisions:
This bill:
▸ modifies the council's membership to include an individual that represents the Utah
State Hospital;
▸ moves responsibilities from the Forensic Mental Health Coordinating Council to the
council;
▸ authorizes the council to determine and collect data from the Department of
Corrections regarding mental health services; and
▸ requires the council to report on the adequacy of employee pay at the Utah State
Hospital. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63M-7-301
, as last amended by Laws of Utah 2022, Chapter 255
63M-7-303
, as last amended by Laws of Utah 2022, Chapter 211
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 Use and Mental Health
Advisory Council created in this section.
(b) There is created within the governor's office the Utah Substance 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) 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 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 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 committee established by the council;
(t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
Subsection 
62A-15-1101
(2);
(u) one representative appointed by the Utah League of Cities and Towns to serve a
four-year term;
(v) the superintendent of the Utah State Hospital or the superintendent's designee;
[
(v)
] 
(w)
 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
[
(w)
] 
(x)
 in addition to the voting members described in Subsections (2)(a) through
[
(v)
] 
(w)
, the following voting members appointed by a majority of the members described in
Subsections (2)(a) through [
(v)
] 
(w)
 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 
53B-8-102
;
(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 
62A-15-103
(2)(h).
(3) An individual other than an individual described in Subsection (2) may not be
appointed as a voting member of the council.
Section 2. Section 
63M-7-303
 is amended to read:
63M-7-303.
Duties of council.
(1) The Utah Substance Use and Mental Health Advisory Council 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) coordinate recommendations made by any committee created under Section
63M-7-302
;
(f) analyze and provide an objective assessment of all proposed legislation concerning
substance use, mental health, 
forensic mental health,
 and related issues;
(g) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d), as provided in Section 
63M-7-305
;
(h) comply with Sections 
32B-2-306
 and 
62A-15-403
; [
and
]
(i) oversee coordination for the funding, implementation, and evaluation of suicide
prevention efforts described in Section 
62A-15-1101
[
.
]
;
(j) advise the Department of Health and Human Services regarding the state hospital
admissions policy for individuals in the custody of the Department of Corrections;
(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 council 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)(l)(iii); and
(m) each year report on whether the pay of the state hospital's employees is adequate
based on market conditions.
(2) The council shall meet quarterly or more frequently as determined necessary by the
chair.
(3) The council shall report:
(a) with the assistance and staff support from the state hospital, regarding the items
described in Subsections (1)(l) and (m), including any recommendations, to the Health and
Human Services Interim Committee before October 1 of each year; and
(b) any other recommendations annually to the commission, the governor, the
Legislature, and the Judicial Council.
[
(3) The council shall report the council's recommendations annually to the
commission, governor, the Legislature, and the Judicial Council.
]
Section 3. 
Effective date.
This bill takes effect on July 1, 2023.