Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 378 First Substitute (2024GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates and modifies definitions;
• requires the Department of Public Safety (department) to take certain actions regarding critical incident stress management services for employees or volunteers of a first responder agency, including providing an annual training for volunteers;
• broadens the scope of individuals who are considered to be eligible for certain mental health resources;
• clarifies that certain individuals remain eligible for mental health resources despite subsequent employment as a non-first responder;
• requires first responder agencies to:
• provide certain information concerning mental health resources to employed first responders; and
• designate a mental health resources liaison and inform the department of the identity of the liaison;
• allows the department to assist a first responder entity in drafting a grant application seeking mental health resources;
• requires the department to:
• annually inform first responder agencies of certain mental health resources information;
• post on the department's website certain information concerning mental health resources for first responders;
• receive complaints and investigate a denial of mental health resources to an individual by a first responder agency; and
• report an uncured denial of denial of mental health resources to an eligible individual to specified individuals;

Every vote on this bill

Bill text

FIRST RESPONDER MENTAL HEALTH SERVICES
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill concerns mental health services for first responders.
Highlighted Provisions:
This bill:
▸ creates and modifies definitions;
▸ requires the Department of Public Safety (department) to take certain actions
regarding critical incident stress management services for employees or volunteers
of a first responder agency, including providing an annual training for volunteers;
▸ broadens the scope of individuals who are considered to be eligible for certain
mental health resources;
▸ clarifies that certain individuals remain eligible for mental health resources despite
subsequent employment as a non-first responder;
▸ requires first responder agencies to:
• provide certain information concerning mental health resources to employed
first responders; and
• designate a mental health resources liaison and inform the department of the
identity of the liaison;
▸ allows the department to assist a first responder entity in drafting a grant application
seeking mental health resources;
▸ requires the department to:
• annually inform first responder agencies of certain mental health resources
information;
• post on the department's website certain information concerning mental health
resources for first responders;
• receive complaints and investigate a denial of mental health resources to an
individual by a first responder agency; and
• report an uncured denial of denial of mental health resources to an eligible
individual to specified individuals;
▸ requires the State Commission on Criminal and Juvenile Justice (commission) to
receive and investigate a referral from the department involving a denial of mental
health resources to an eligible individual;
▸ allows the commission to, in the commission's discretion, refuse to award a grant of
state funds to an entity for a specified period of time due to the entity's improper
denial of mental health resources to an eligible individual; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53-2d-206
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 19,
327 and renumbered and amended by Laws of Utah 2023, Chapter 310 and last
amended by Coordination Clause, Laws of Utah 2023, Chapters 307, 327
53-21-101
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 16,
19, 310, and 328
53-21-102
, as last amended by Laws of Utah 2023, Chapter 19
53-21-103
, as last amended by Laws of Utah 2023, Chapter 19
63M-7-204
, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
63M-7-218
, as last amended by Laws of Utah 2023, Chapters 158, 161 and 382
ENACTS:
53-21-104.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-2d-206 (Effective 07/01/24)
 is amended to read:
53-2d-206 (Effective 07/01/24).
Personnel critical incident stress management
program.
(1) The bureau shall [
develop and implement
] 
facilitate
 a statewide program to provide
support and counseling for personnel who have been exposed to one or more stressful incidents
in the course of providing emergency services.
(2) [
This
] 
The critical incident stress management
 program shall include:
(a) ongoing training for agencies providing emergency services and counseling
program volunteers;
(b) critical incident stress debriefing for personnel at no cost to the emergency
provider; and
(c) advising the department on training requirements for licensure as a behavioral
emergency services technician.
(3) (a) The department shall annually provide informational resources to first responder
agencies about the critical incident stress management program in a format that will ensure that
the first responder agency receives the information.
(b) The informational resources described in Subsection (3)(a) shall include
educational resources about the critical incident stress management program directed to:
(i) the first responder agency administration; and
(ii) the employees or volunteers of the first responder agency.
[
(3)
] 
(4) (a)
 The department shall 
receive, process, and
 reimburse reasonable actual
expenses, including mileage, incurred by a volunteer during the course of [
the
] 
a
 volunteer's
provision of critical incident stress 
management
 services under this section.
(b) The department shall, on the department's website, provide information concerning:
(i) the expenses that are eligible for reimbursement for a critical incident stress
management program volunteer under Subsection (4)(a); and
(ii) instructions on how a critical incident stress management volunteer may submit a
request for reimbursement under Subsection (4)(a).
(5) (a) The department shall, in collaboration with current critical incident stress
management program volunteers, organize and provide an annual training for critical incident
stress management program volunteers.
(b) For the training described in Subsection (5)(a), the department shall:
(i) pay for or reimburse reasonable actual expenses for a critical incident stress
management program volunteer who attends the training;
(ii) collaborate with existing critical incident stress management program volunteers to
determine a location for the training; and
(iii) provide information on the department's website about the training.
Section 2. Section 
53-21-101 (Effective 07/01/24)
 is amended to read:
53-21-101 (Effective 07/01/24).
Definitions.
As used in this chapter:
(1) "Crime scene investigator technician" means an individual employed by a law
enforcement agency to collect and analyze evidence from crime scenes and crime-related
incidents.
[
(2) "Department" means the Department of Public Safety.
]
(2) "Designated mental health resources liaison" means a non-leadership human
resources or other administrative employee designated by a first responder agency who receives
and processes a request for mental health resources on behalf of the first responder agency
under this chapter.
(3) "First responder" means:
(a) a law enforcement officer, as defined in Section 
53-13-103
;
(b) an emergency medical technician, as defined in Section 
53-2e-101
;
(c) an advanced emergency medical technician, as defined in Section 
53-2e-101
;
(d) a paramedic, as defined in Section 
53-2e-101
;
(e) a firefighter, as defined in Section 
34A-3-113
;
(f) a dispatcher, as defined in Section 
53-6-102
;
(g) a correctional officer, as defined in Section 
53-13-104
;
(h) a special function officer, as defined in Section 
53-13-105
, employed by a local
sheriff;
(i) a search and rescue worker under the supervision of a local sheriff;
(j) a forensic interviewer or victim advocate employed by a children's justice center
established in accordance with Section 
67-5b-102
;
(k) a credentialed criminal justice system victim advocate as defined in Section
77-38-403
 who responds to incidents with a law enforcement officer;
(l) a crime scene investigator technician;
(m) a wildland firefighter; [
or
]
(n) an investigator or prosecutor of cases involving sexual crimes against children[
.
]
; or
(o) a civilian employee of a first responder agency who has been authorized to view or
otherwise access information concerning crimes, accidents, or other traumatic events.
(4) "First responder agency" means:
(a) a special district, municipality, interlocal entity, or other political subdivision that
employs a first responder to provide fire protection, paramedic, law enforcement, or emergency
services; or
(b) a certified private law enforcement agency as defined in Section 
53-19-102
.
(5) "Mental health resources" means:
(a) an assessment to determine appropriate mental health treatment that is performed
by a mental health therapist;
(b) outpatient mental health treatment provided by a mental health therapist; or
(c) peer support services provided by a peer support specialist who is qualified to
provide peer support services under Subsection 
26B-5-102
(2)(h).
(6) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(7) "Plan" means a plan to implement or expand a program that provides mental health
resources to first responders for which the division awards a grant under this chapter.
(8) "Retired" means the status of an individual who has become eligible, applies for,
and may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit Act.
(9) "Separated" means the status of an individual who has separated from employment
as a first responder from a first responder agency as a result of a critical incident involving the
first responder.
Section 3. Section 
53-21-102
 is amended to read:
53-21-102.
Mental health services -- Requirement to provide -- Eligibility --
Confidentiality -- Requests -- Reporting noncompliance -- Designation.
(1) Every first responder agency within the state shall provide or make available mental
health resources to:
(a) all first responders;
(b) the spouse and children of first responders;
(c) surviving spouses of first responders whose death is classified as a line-of-duty
death under Title 49, Utah State Retirement and Insurance Benefit Act;
(d) retired or separated first responders for at least three years from the date that the
retired or separated first responder requests mental health resources
, regardless of any
subsequent employment as a non-first responder
; and
(e) spouses of retired or separated first responders for a least three years from the date
that the spouse of the retired or separated first responder requests mental health resources
,
regardless of any subsequent employment as a non-first responder
.
(2) All access by first responders and their families to mental health resources shall be
kept confidential.
(3) A first responder agency shall:
(a) annually provide information to all employed first responders regarding:
(i) the availability of mental health resources under this section, including:
(A) for individuals in addition to the first responders as described in Subsection (1);
and
(B) subsequent to a separation or retirement;
(ii) how to access the mental health resources under this section; and
(iii) directions on how to appeal a denial of mental health resources under this section
to the department, as provided under Section 
53-21-104.1
; and
(b) (i) assign a designated mental health resources liaison;
(ii) inform the department of the identity of the designated mental health resources
liaison; and
(iii) update the department as to the identity of the designated mental health resources
liaison when a new individual is assigned.
Section 4. Section 
53-21-103
 is amended to read:
53-21-103.
Grants to first responder agencies -- Rulemaking.
(1) The department may award grants to first responder agencies to provide mental
health resources in response to a:
(a) request for proposal;
(b) request for qualifications; or
(c) program description that meets the criteria in Subsection (2).
(2) The request for proposal, request for qualifications, or program description received
by the department shall require mental health providers contracted or employed by the first
responder agency to have training and experience in working with first responders and provide,
at a minimum, the following services:
(a) regular periodic screenings for all employees within the first responder agency;
(b) assessments and availability to mental health services for personnel directly
involved in a critical incident within 12 hours of the incident; and
(c) regular and continuing access to the mental health program for:
(i) spouses and children of first responders;
(ii) first responders who have retired or separated from the agency; and
(iii) spouses of first responders who have retired or separated from the agency.
(3) An application from a first responder agency for a grant under this chapter shall
provide the following details:
(a) a proposed plan to provide mental health resources to first responders in the first
responder agency;
(b) the number of first responders to be served by the proposed plan;
(c) how the proposed plan will ensure timely and effective provision of mental health
resources to first responders in the first responder agency;
(d) the cost of the proposed plan; and
(e) the sustainability of the proposed plan.
(4) In evaluating a project proposal for a grant under this section, the department shall
consider:
(a) the extent to which the first responders that will be served by the proposed plan are
likely to benefit from the proposed plan;
(b) the cost of the proposed plan; and
(c) the viability of the proposed plan.
(5) A first responder agency may not apply for a grant to fund a program already in
place. However, a request for proposal to fund an expansion of an already existing program
shall, in addition to the requirements of Subsection (4), provide:
(a) the scope and cost of the agency's current program;
(b) the number of additional first responders the expansion will serve; and
(c) whether the expansion will provide services under Subsection (2) that the current
program does not provide.
(6) The department shall prioritize grant funding for:
(a) counties of the 3rd, 4th, 5th, and 6th class;
(b) cities of the 3rd, 4th, and 5th class; and
(c) towns.
(7) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to administer this chapter.
(8) The department shall:
(a) notify entities that may be eligible for a grant under this section about the grant
program; and
(b) on or before October 1, [
] 
2024, and October 1, 2025
, provide a report to the
Law Enforcement and Criminal Justice Interim Committee that describes:
(i) the number of entities that have been notified by the department about the grant
program under this section; and
(ii) the number of grant applications that the department has received.
(9) The department may assist a first responder entity in drafting a grant application
under this section.
Section 5. Section 
53-21-104.1
 is enacted to read:
 53-21-104.1.
Education -- Complaints -- Investigations.
(1) The department shall annually inform all first responder entities in the state of the
requirements described in Section 
53-21-102
.
(2) In addition to the notification required under Subsection (1), the department shall,
on the department's website, provide information describing:
(a) an individual's eligibility for mental health resources under Section 
53-21-102
;
(b) the statutory definition for mental health resources provided in Section 
53-21-101
;
(c) the designated mental health resources liaison for each first responder agency as
described in Subsection 
53-21-102
(3)(b); and
(d) how to appeal a denial of mental health resources to the department.
(3) (a) The department shall investigate a denial of mental health resources that is
received under Subsection (2)(d) to determine whether the denial was in violation of this
chapter.
(b) If, after an investigation, the department determines that a first responder agency
improperly denied mental health resources in violation of this chapter, the department shall
notify the first responder agency and provide the first responder agency with a reasonable time
to correct the improper denial.
(c) The department shall determine whether a first responder agency has cured the
violation within the time described in Subsection (3)(b) and, if the first responder agency has
not, the department shall send a letter within a reasonable time identifying the first responder
agency and the relevant details of the department's investigation to:
(i) the commissioner;
(ii) the chairs of the Law Enforcement and Criminal Justice Interim Committee; and
(iii) the director of the State Commission on Criminal and Juvenile Justice, who shall
refer the matter for investigation under Section 
63M-7-204
 and may restrict state grant money
under Section 
63M-7-21
.
Section 6. Section 
63M-7-204
 is amended to read:
63M-7-204.
Duties of commission.
(1) The State Commission on Criminal and Juvenile Justice administration shall:
(a) promote the commission's purposes as enumerated in Section 
63M-7-201
;
(b) promote the communication and coordination of all criminal and juvenile justice
agencies;
(c) study, evaluate, and report on the status of crime in the state and on the
effectiveness of criminal justice policies, procedures, and programs that are directed toward the
reduction of crime in the state;
(d) study, evaluate, and report on programs initiated by state and local agencies to
address reducing recidivism, including changes in penalties and sentencing guidelines intended
to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
alternative to incarceration, as resources allow;
(e) study, evaluate, and report on policies, procedures, and programs of other
jurisdictions which have effectively reduced crime;
(f) identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime in Utah;
(g) provide analysis and recommendations on all criminal and juvenile justice
legislation, state budget, and facility requests, including program and fiscal impact on all
components of the criminal and juvenile justice system;
(h) provide analysis, accountability, recommendations, and supervision for state and
federal criminal justice grant money;
(i) provide public information on the criminal and juvenile justice system and give
technical assistance to agencies or local units of government on methods to promote public
awareness;
(j) promote research and program evaluation as an integral part of the criminal and
juvenile justice system;
(k) provide a comprehensive criminal justice plan annually;
(l) review agency forecasts regarding future demands on the criminal and juvenile
justice systems, including specific projections for secure bed space;
(m) promote the development of criminal and juvenile justice information systems that
are consistent with common standards for data storage and are capable of appropriately sharing
information with other criminal justice information systems by:
(i) developing and maintaining common data standards for use by all state criminal
justice agencies;
(ii) annually performing audits of criminal history record information maintained by
state criminal justice agencies to assess their accuracy, completeness, and adherence to
standards;
(iii) defining and developing state and local programs and projects associated with the
improvement of information management for law enforcement and the administration of
justice; and
(iv) establishing general policies concerning criminal and juvenile justice information
systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
Subsection (1)(m);
(n) allocate and administer grants, from money made available, for approved education
programs to help prevent the sexual exploitation of children;
(o) allocate and administer grants for law enforcement operations and programs related
to reducing illegal drug activity and related criminal activity;
(p) request, receive, and evaluate data and recommendations collected and reported by
agencies and contractors related to policies recommended by the commission regarding
recidivism reduction, including the data described in Section 
13-53-111
 and Subsection
26B-5-102
(2)(l);
(q) establish and administer a performance incentive grant program that allocates funds
appropriated by the Legislature to programs and practices implemented by counties that reduce
recidivism and reduce the number of offenders per capita who are incarcerated;
(r) oversee or designate an entity to oversee the implementation of juvenile justice
reforms;
(s) make rules and administer the juvenile holding room standards and juvenile jail
standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
pursuant to 42 U.S.C. Sec. 5633;
(t) allocate and administer grants, from money made available, for pilot qualifying
education programs;
(u) oversee the trauma-informed justice program described in Section 
63M-7-209
;
(v) request, receive, and evaluate the aggregate data collected from prosecutorial
agencies and the Administrative Office of the Courts, in accordance with Sections 
63M-7-216
and 
78A-2-109.5
;
(w) report annually to the Law Enforcement and Criminal Justice Interim Committee
on the progress made on each of the following goals of the Justice Reinvestment Initiative:
(i) ensuring oversight and accountability;
(ii) supporting local corrections systems;
(iii) improving and expanding reentry and treatment services; and
(iv) strengthening probation and parole supervision;
(x) compile a report of findings based on the data and recommendations provided
under Section 
13-53-111
 and Subsection 
26B-5-102
(2)(n) that:
(i) separates the data provided under Section 
13-53-111
 by each residential, vocational
and life skills program; and
(ii) separates the data provided under Subsection 
26B-5-102
(2)(n) by each mental
health or substance use treatment program;
(y) publish the report described in Subsection (1)(x) on the commission's website and
annually provide the report to the Judiciary Interim Committee, the Health and Human Services
Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
related appropriations subcommittees; [
and
]
(z) receive, compile, and publish on the commission's website the data provided under:
(i) Section 
53-23-101
;
(ii) Section 
53-24-102
; and
(iii) Section 
53-26-101
; and
(aa) receive and investigate a referral from the Department of Public Safety received
under Section 
53-21-104.1
 involving a denial of mental health resources to an eligible
individual, including, if appropriate in the commission's discretion, deny the relevant entity
from receiving any grant of state funds under Section 
63M-7-218
 for a specified period of time.
(2) If the commission designates an entity under Subsection (1)(r), the commission
shall ensure that the membership of the entity includes representation from the three branches
of government and, as determined by the commission, representation from relevant stakeholder
groups across all parts of the juvenile justice system, including county representation.
Section 7. Section 
63M-7-218
 is amended to read:
63M-7-218.
State grant requirements.
(1)
 Beginning July 1, 2023, the commission may not award any grant of state funds to
any entity subject to, and not in compliance with, the reporting requirements in Subsections
63A-16-1002
(5)(a) through (r).
(2) Beginning July 1, 2025, the commission may not award any grant of state funds to
an entity subject to the requirements under Sections 
53-21-102
 and 
53-21-104.1
, if the
commission has determined under Subsection 
63M-7-204
(1)(aa) that the entity is currently not
eligible to receive state grant funds under this section.
Section 8. 
Effective date.
This bill takes effect on July 1, 2024.