Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 39 (2025GS)

Sponsor

Rep. Eliason, Steve

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Department of Health and Human Services (department) to contract with a telehealth psychiatric consultation provider to provide consultation services to staff responsible for inmates' psychiatric care;
• requires the department to convene a working group to study the department's needs regarding an electronic health record system for inmate health care and provide recommendations to the Health and Human Services Interim Committee;
• requires the department to contract with psychiatrists to meet staffing needs for correctional health services, except under certain circumstances;
• requires the department to provide an annual report to the Health and Human Services Interim Committee concerning the provision of comprehensive health care to inmates;
• requires the Department of Corrections and a local mental health authority to cooperate to have certain offenders assessed for available community-based services, and to take steps to connect an offender to appropriate community-based services based on the results of the assessment; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

48
17-43-301
26B-1-235
26B-1-410
26B-4-901
26B-4-325
26B-4-903
26B-4-904
63A-17-307
64-13-21
0
Correctional Health Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Scott D. Sandall
Cosponsor:
Melissa G. Ballard
LONG TITLE
General Description:
This bill addresses health care for individuals who are involved with the criminal justice 
system.
Highlighted Provisions:
This bill:
defines terms;
requires the Department of Health and Human Services (department) to contract with a 
telehealth psychiatric consultation provider to provide consultation services to staff 
responsible for inmates' psychiatric care;
requires the department to convene a working group to study the department's needs 
regarding an electronic health record system for inmate health care and provide 
recommendations to the Health and Human Services Interim Committee;
requires the department to contract with psychiatrists to meet staffing needs for 
correctional health services, except under certain circumstances;
requires the department to provide an annual report to the Health and Human Services 
Interim Committee concerning the provision of comprehensive health care to inmates;
requires the Department of Corrections and a local mental health authority to cooperate to 
have certain offenders assessed for available community-based services, and to take 
steps to connect an offender to appropriate community-based services based on the 
results of the assessment; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-43-301
, as last amended by Laws of Utah 2024, Chapters 240, 299
26B-1-235
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-410
, as renumbered and amended by Laws of Utah 2023, Chapter 305
63A-17-307
, as last amended by Laws of Utah 2023, Chapter 489
64-13-21
, as last amended by Laws of Utah 2024, Chapters 208, 434
ENACTS:
26B-4-901
, Utah Code Annotated 1953
26B-4-903
, Utah Code Annotated 1953
26B-4-904
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
26B-4-902
, (Renumbered from 26B-4-325, as last amended by Laws of Utah 2024, 
Chapter 266)
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17-43-301
 is amended to read:
17-43-301
. Local mental health authorities -- Responsibilities.
(1)
As used in this section:
(a)
"Assisted outpatient treatment" means the same as that term is defined in Section 
26B-5-301
.
(b)
"Crisis worker" means the same as that term is defined in Section 
26B-5-610
.
(c)
"Local mental health crisis line" means the same as that term is defined in Section 
26B-5-610
.
(d)
"Mental health therapist" means the same as that term is defined in Section 
58-60-102
.
(e)
"Public funds" means the same as that term is defined in Section 
17-43-303
.
(f)
"Statewide mental health crisis line" means the same as that term is defined in 
Section 
26B-5-610
.
(2)
(a)
(i)
In each county operating under a county executive-council form of 
government under Section 
17-52a-203
, the county legislative body is the local 
mental health authority, provided however that any contract for plan services shall 
be administered by the county executive.
(ii)
In each county operating under a council-manager form of government under 
Section 
17-52a-204
, the county manager is the local mental health authority.
(iii)
In each county other than a county described in Subsection (2)(a)(i) or (ii), the 
county legislative body is the local mental health authority.
(b)
Within legislative appropriations and county matching funds required by this section, 
under the direction of the division, each local mental health authority shall:
(i)
provide mental health services to individuals within the county; and
(ii)
cooperate with efforts of the division to promote integrated programs that address 
an individual's substance use, mental health, and physical healthcare needs, as 
described in Section 
26B-5-102
.
(c)
Within legislative appropriations and county matching funds required by this section, 
each local mental health authority shall cooperate with the efforts of the department 
to promote a system of care, as defined in Section 
26B-5-101
, for minors with or at 
risk for complex emotional and behavioral needs, as described in Section 
26B-1-202
.
(3)
(a)
By executing an interlocal agreement under Title 11, Chapter 13, Interlocal 
Cooperation Act, two or more counties may join to:
(i)
provide mental health prevention and treatment services; or
(ii)
create a united local health department that combines substance use treatment 
services, mental health services, and local health department services in 
accordance with Subsection (4).
(b)
The legislative bodies of counties joining to provide services may establish 
acceptable ways of apportioning the cost of mental health services.
(c)
Each agreement for joint mental health services shall:
(i)
(A)
designate the treasurer of one of the participating counties or another person 
as the treasurer for the combined mental health authorities and as the custodian 
of money available for the joint services; and
(B)
provide that the designated treasurer, or other disbursing officer authorized by 
the treasurer, may make payments from the money available for the joint 
services upon audit of the appropriate auditing officer or officers representing 
the participating counties;
(ii)
provide for the appointment of an independent auditor or a county auditor of one 
of the participating counties as the designated auditing officer for the combined 
mental health authorities;
(iii)
(A)
provide for the appointment of the county or district attorney of one of the 
participating counties as the designated legal officer for the combined mental 
health authorities; and
(B)
authorize the designated legal officer to request and receive the assistance of 
the county or district attorneys of the other participating counties in defending 
or prosecuting actions within their counties relating to the combined mental 
health authorities; and
(iv)
provide for the adoption of management, clinical, financial, procurement, 
personnel, and administrative policies as already established by one of the 
participating counties or as approved by the legislative body of each participating 
county or interlocal board.
(d)
An agreement for joint mental health services may provide for:
(i)
joint operation of services and facilities or for operation of services and facilities 
under contract by one participating local mental health authority for other 
participating local mental health authorities; and
(ii)
allocation of appointments of members of the mental health advisory council 
between or among participating counties.
(4)
A county governing body may elect to combine the local mental health authority with 
the local substance abuse authority created in Part 2, Local Substance Abuse Authorities, 
and the local health department created in Title 26A, Chapter 1, Part 1, Local Health 
Department Act, to create a united local health department under Section 
26A-1-105.5
. 
A local mental health authority that joins with a united local health department shall 
comply with this part.
(5)
(a)
Each local mental health authority is accountable to the department and the state 
with regard to the use of state and federal funds received from those departments for 
mental health services, regardless of whether the services are provided by a private 
contract provider.
(b)
Each local mental health authority shall comply, and require compliance by its 
contract provider, with all directives issued by the department regarding the use and 
expenditure of state and federal funds received from those departments for the 
purpose of providing mental health programs and services. The department shall 
ensure that those directives are not duplicative or conflicting, and shall consult and 
coordinate with local mental health authorities with regard to programs and services.
(6)
(a)
Each local mental health authority shall:
(i)
review and evaluate mental health needs and services, including mental health 
needs and services for:
(A)
an individual incarcerated in a county jail or other county correctional facility; 
and
(B)
an individual who is a resident of the county and who is court ordered to 
receive assisted outpatient treatment under Section 
26B-5-351
;
(ii)
in accordance with Subsection (6)(b), annually prepare and submit to the division 
a plan approved by the county legislative body for mental health funding and 
service delivery, either directly by the local mental health authority or by contract;
(iii)
establish and maintain, either directly or by contract, programs licensed under 
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities;
(iv)
appoint, directly or by contract, a full-time or part-time director for mental health 
programs and prescribe the director's duties;
(v)
provide input and comment on new and revised rules established by the division;
(vi)
establish and require contract providers to establish administrative, clinical, 
personnel, financial, procurement, and management policies regarding mental 
health services and facilities, in accordance with the rules of the division, and state 
and federal law;
(vii)
establish mechanisms allowing for direct citizen input;
(viii)
annually contract with the division to provide mental health programs and 
services in accordance with the provisions of Title 26B, Chapter 5, Health Care - 
Substance Use and Mental Health;
(ix)
comply with all applicable state and federal statutes, policies, audit requirements, 
contract requirements, and any directives resulting from those audits and contract 
requirements;
(x)
provide funding equal to at least 20% of the state funds that it receives to fund 
services described in the plan;
(xi)
comply with the requirements and procedures of Title 11, Chapter 13, Interlocal 
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special 
Districts, and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, 
Interlocal Organizations, and Other Local Entities Act;
 and
(xii)
take and retain physical custody of minors committed to the physical custody of 
local mental health authorities by a judicial proceeding under Title 26B, Chapter 
5, Part 4, Commitment of Persons Under Age 18
.
; and
(xiii)
cooperate with the Department of Corrections to complete the requirements 
described in Subsection 
64-13-21(8)
.
(b)
Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and 
children, which shall include:
(i)
inpatient care and services;
(ii)
residential care and services;
(iii)
outpatient care and services;
(iv)
24-hour crisis care and services;
(v)
psychotropic medication management;
(vi)
psychosocial rehabilitation, including vocational training and skills development;
(vii)
case management;
(viii)
community supports, including in-home services, housing, family support 
services, and respite services;
(ix)
consultation and education services, including case consultation, collaboration 
with other county service agencies, public education, and public information;
 and
(x)
services to 
persons
individuals
 incarcerated in a county jail or other county 
correctional facility
.
; and
(xi)
services to individuals described in Subsection 
64-13-21(8)(a)
.
(7)
(a)
If a local mental health authority provides for a local mental health crisis line 
under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), 
the local mental health authority shall:
(i)
collaborate with the statewide mental health crisis line described in Section 
26B-5-610
;
(ii)
ensure that each individual who answers calls to the local mental health crisis line:
(A)
is a mental health therapist or a crisis worker; and
(B)
meets the standards of care and practice established by the Division of 
Integrated Healthcare, in accordance with Section 
26B-5-610
; and
(iii)
ensure that when necessary, based on the local mental health crisis line's 
capacity, calls are immediately routed to the statewide mental health crisis line to 
ensure that when an individual calls the local mental health crisis line, regardless 
of the time, date, or number of individuals trying to simultaneously access the 
local mental health crisis line, a mental health therapist or a crisis worker answers 
the call without the caller first:
(A)
waiting on hold; or
(B)
being screened by an individual other than a mental health therapist or crisis 
worker.
(b)
If a local mental health authority does not provide for a local mental health crisis line 
under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), 
the local mental health authority shall use the statewide mental health crisis line as a 
local crisis line resource.
(8)
Before disbursing any public funds, each local mental health authority shall require that 
each entity that receives any public funds from a local mental health authority agrees in 
writing that:
(a)
the entity's financial records and other records relevant to the entity's performance of 
the services provided to the mental health authority shall be subject to examination 
by:
(i)
the division;
(ii)
the local mental health authority director;
(iii)
(A)
the county treasurer and county or district attorney; or
(B)
if two or more counties jointly provide mental health services under an 
agreement under Subsection (3), the designated treasurer and the designated 
legal officer;
(iv)
the county legislative body; and
(v)
in a county with a county executive that is separate from the county legislative 
body, the county executive;
(b)
the county auditor may examine and audit the entity's financial and other records 
relevant to the entity's performance of the services provided to the local mental health 
authority; and
(c)
the entity will comply with the provisions of Subsection (5)(b).
(9)
A local mental health authority may receive property, grants, gifts, supplies, materials, 
contributions, and any benefit derived therefrom, for mental health services. If those 
gifts are conditioned upon their use for a specified service or program, they shall be so 
used.
(10)
Public funds received for the provision of services pursuant to the local mental health 
plan may not be used for any other purpose except those authorized in the contract 
between the local mental health authority and the provider for the provision of plan 
services.
(11)
A local mental health authority shall provide assisted outpatient treatment services to a 
resident of the county who has been ordered under Section 
26B-5-351
 to receive assisted 
outpatient treatment.
Section 2, Section 
26B-1-235
 is amended to read:
26B-1-235
. Request for proposal required for non-state supplied services.
(1)
As used in this section:
(a)
"AED" means the same as that term is defined in Section 
26B-4-325
.
(b)
"Office" means the Office of Emergency Medical Services and Preparedness within 
the department.
(c)
"Sudden cardiac arrest" means the same as that term is defined in Section 
26B-4-325
.
(2)
(1)
Funds provided to the department through Sections 
51-9-201
 and 
59-14-204
 to be 
used to provide services, shall be awarded to non-governmental entities based on a 
competitive process consistent with 
Title 63G, Chapter 6a, Utah Procurement Code
.
(3)
(2)
Beginning July 1, 2010, and not more than every five years thereafter, the 
department shall issue requests for proposals for new or renewing contracts to award 
funding for programs under Subsection 
(1)
.
Section 3, Section 
26B-1-410
 is amended to read:
26B-1-410
. Primary Care Grant Committee.
(1)
As used in this section:
(a)
"Committee" means the Primary Care Grant Committee created in Subsection 
(2)
.
(b)
"Program" means the Primary Care Grant Program described in Sections 
26B-4-310
and 
26B-4-313
.
(2)
There is created the Primary Care Grant Committee.
(3)
The committee shall:
(a)
review grant applications forwarded to the committee by the department under 
Subsection 
26B-4-312(1)
;
(b)
recommend, to the executive director, grant applications to award under Subsection 
26B-4-310(1)
;
(c)
evaluate:
(i)
the need for primary health care as defined in Section 
26B-4-325
 in different areas 
of the state;
(ii)
how the program is addressing those needs; and
(iii)
the overall effectiveness and efficiency of the program;
(d)
review annual reports from primary care grant recipients;
(e)
meet as necessary to carry out its duties, or upon a call by the committee chair or by 
a majority of committee members; and
(f)
make rules, with the concurrence of the department, in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
, that govern the committee, 
including the committee's grant selection criteria.
(4)
The committee shall consist of:
(a)
as chair, the executive director or an individual designated by the executive director; 
and
(b)
six members appointed by the governor to serve up to two consecutive, two-year 
terms of office, including:
(i)
four licensed health care professionals; and
(ii)
two community advocates who are familiar with a medically underserved 
population as defined in Section 
26B-4-325
26B-4-301
 and with health care 
systems, where at least one is familiar with a rural medically underserved 
population.
(5)
The executive director may remove a committee member:
(a)
if the member is unable or unwilling to carry out the member's assigned 
responsibilities; or
(b)
for a rational reason.
(6)
A committee member may not receive compensation or benefits for the member's 
service, except a committee member who is not an employee of the department 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 in accordance with Sections 
63A-3-106
 and 
63A-3-107
. 
Section 4, Section 
26B-4-901
 is enacted to read:
9. Inmate Health
26B-4-901
. Definitions.
As used in this part:
(1)
"Correctional facility" means a facility operated to house inmates in a secure or 
nonsecure setting:
(a)
by the Department of Corrections; or
(b)
under a contract with the Department of Corrections.
(2)
"Health care facility" means the same as that term is defined in Section 
26B-2-201
.
(3)
"Inmate" means an individual who is:
(a)
committed to the custody of the Department of Corrections; and
(b)
housed at a correctional facility or at a county jail at the request of the Department of 
Corrections.
(4)
"Medical monitoring technology" means a device, application, or other technology that 
can be used to improve health outcomes and the experience of care for patients, 
including evidence-based clinically evaluated software and devices that can be used to 
monitor and treat diseases and disorders.
(5)
"Telehealth psychiatric consultation" means the same as that term is defined in Section 
26B-1-328
.
Section 5, Section 
26B-4-902
, which is renumbered from Section 26B-4-325 is renumbered 
and amended to read:
26B-4-325
26B-4-902
. Medical care for inmates -- Reporting of statistics.
As used in this section:
(1)
"Correctional facility" means a facility operated to house inmates in a secure or 
nonsecure setting:
(a)
by the Department of Corrections; or
(b)
under a contract with the Department of Corrections.
(2)
"Health care facility" means the same as that term is defined in Section 
26B-2-201
.
(3)
"Inmate" means an individual who is:
(a)
committed to the custody of the Department of Corrections; and
(b)
housed at a correctional facility or at a county jail at the request of the Department 
of Corrections.
(4)
"Medical monitoring technology" means a device, application, or other technology that 
can be used to improve health outcomes and the experience of care for patients, 
including evidence-based clinically evaluated software and devices that can be used to 
monitor and treat diseases and disorders.
(5)
"Terminally ill" means the same as that term is defined in Section 
31A-36-102
.
(6)
(1)
The department shall:
(a)
for each health care facility owned or operated by the Department of Corrections, 
assist the Department of Corrections in complying with Section 
64-13-39
;
(b)
in coordination with the Department of Corrections, and as the Department of 
Correction's agent:
(i)
create policies and procedures for providing comprehensive health care to inmates;
(ii)
provide inmates with comprehensive health care; and
(iii)
develop standard population indicators and performance measures relating to the 
health of inmates;
 and
(c)
collaborate with the Department of Corrections to comply with Section 
64-13-25.1
.
; 
and
(d)
contract with a telehealth psychiatric consultation provider to provide consultation 
services to staff responsible for inmates' psychiatric care.
(7)
(2)
In providing the comprehensive health care described in Subsection 
(6)(b)(ii)
(1)(b)(ii)
, the department may not, without entering into an agreement with the 
Department of Corrections, provide, operate, or manage any treatment plans for inmates 
that are:
(a)
required to be provided, operated, or managed by the Department of Corrections in 
accordance with Section 
64-13-6
; and
(b)
not related to the comprehensive health care provided by the department.
(8)
(3)
Beginning July 1, 2023, and ending June 30, 2024, the department shall:
(a)
evaluate and study the use of medical monitoring technology and create a plan for a 
pilot program that identifies:
(i)
the types of medical monitoring technology that will be used during the pilot 
program; and
(ii)
eligibility for participation in the pilot program; and
(b)
make the indicators and performance measures described in Subsection 
(6)(b)(iii)
(1)(b)(iii)
 available to the public through the Department of Corrections and the 
department websites.
(9)
(4)
Beginning July 1, 2024, and ending June 30, 2029, the department shall implement 
the pilot program.
(10)
(5)
The department shall submit to the Health and Human Services Interim 
Committee and the Law Enforcement and Criminal Justice Interim Committee:
(a)
a report on or before October 1 of each year regarding the costs and benefits of the 
pilot program;
(b)
a report that summarizes the indicators and performance measures described in 
Subsection 
(6)(b)(iii)
(1)(b)(iii)
 on or before October 1, 2024; and
(c)
an updated report before October 1 of each year that compares the indicators and 
population measures of the most recent year to the initial report described in 
Subsection 
(10)(b)
(5)(b)
.
(11)
(6)
An inmate receiving comprehensive health care from the department remains in 
the custody of the Department of Corrections.
Section 6, Section 
26B-4-903
 is enacted to read:
26B-4-903
. Electronic health record system study.
(1)
On or before June 30, 2025, the department shall convene a working group to study and 
develop recommendations regarding the electronic health record system used in 
connection with providing inmates with comprehensive health care, including:
(a)
identification of the department's electronic health record system requirements;
(b)
an analysis of what features of an electronic health record system are needed to 
maximize the implementation, effectiveness, and efficiency of the waiver described 
in Section 
26B-3-217
; and
(c)
a determination of whether the department's current electronic health record system 
meets the requirements and includes the features identified under Subsections 
(1)(a)
and (b).
(2)
The working group described in Subsection 
(1)
 shall include department staff as 
determined by the director.
(3)
The working group shall provide recommendations regarding the electronic health 
record system to the Health and Human Services Interim Committee on or before the 
date of the committee's meeting in November 2025.
Section 7, Section 
26B-4-904
 is enacted to read:
26B-4-904
. Staffing -- Reporting.
(1)
(a)
Except as provided in Subsection 
(1)(b)
, the department shall contract with 
psychiatrists to ensure that all correctional psychiatric positions are filled.
(b)
If all correctional psychiatric positions are filled by internal staff for six continuous 
months:
(i)
the department shall submit a certification of that fact to the Health and Human 
Services Interim Committee; and
(ii)
the department is exempt from the requirement in Subsection 
(1)(a)
 for a period 
of 24 months from the date the certification is submitted to the Health and Human 
Services Interim Committee.
(2)
On or before September 1 each year, the department shall provide a report to the Health 
and Human Services Interim Committee that includes, for the fiscal year immediately 
preceding the report:
(a)
a description of the staff positions responsible for providing comprehensive health 
care to inmates, including an identification of any staff position that was open for 
more than half of the preceding fiscal year;
(b)
the average time after admission for an inmate to receive:
(i)
an initial health assessment;
(ii)
a mental health evaluation; and
(iii)
an oral examination by a dentist;
(c)
the number of inmates who did not receive an initial health assessment within seven 
days after admission;
(d)
the number of inmates who did not receive a mental health evaluation within 30 days 
after admission;
(e)
the number of inmates who did not receive an oral examination by a dentist within 30 
days after admission;
(f)
the average time for an inmate to have a face-to-face encounter with department staff 
after the inmate submits a health care request; and
(g)
the number of inmates who did not have a face-to-face encounter with department 
staff within 24 hours after the inmate submitted a health care request.
Section 8, Section 
63A-17-307
 is amended to read:
63A-17-307
. State pay plans -- Applicability of section -- Exemptions -- Duties of 
director.
(1)
(a)
This section, and the rules made by the division under this section, apply to each 
career and noncareer employee not specifically exempted under Subsection 
(2)
.
(b)
If not exempted under Subsection 
(2)
, an employee is considered to be in classified 
service.
(2)
The following employees are exempt from this section:
(a)
members of the Legislature and legislative employees;
(b)
members of the judiciary and judicial employees;
(c)
elected members of the executive branch and employees designated as schedule AC 
as provided under Subsection 
63A-17-301(1)(c)
;
(d)
employees of the State Board of Education;
(e)
officers, faculty, and other employees of state institutions of higher education;
(f)
employees in a position that is specified by statute to be exempt from this Subsection 
(2)
;
(g)
employees in the Office of the Attorney General;
(h)
department heads and other persons appointed by the governor under statute;
(i)
schedule AS employees as provided under Subsection 
63A-17-301(1)(m)
;
(j)
department deputy directors, division directors, and other employees designated as 
schedule AD as provided under Subsection 
63A-17-301(1)(d)
;
(k)
employees that determine and execute policy designated as schedule AR as provided 
under Subsection 
63A-17-301(1)(l)
;
(l)
teaching staff, educational interpreters, and educators designated as schedule AH as 
provided under Subsection 
63A-17-301(1)(g)
;
(m)
temporary employees described in Subsection 
63A-17-301(1)(r)
;
(n)
patients and inmates designated as schedule AU as provided under Subsection 
63A-17-301(1)(o)
 who are employed by state institutions; and
(o)
members of state and local boards and councils and other employees designated as 
schedule AQ as provided under Subsection 
63A-17-301(1)(k)
.
(3)
(a)
The director shall prepare, maintain, and revise a position classification plan for 
each employee position not exempted under Subsection 
(2)
 to provide equal pay for 
equal work.
(b)
Classification of positions shall be based upon similarity of duties performed and 
responsibilities assumed, so that the same job requirements and the same salary 
range, subject to Section 
63A-17-112
, may be applied equitably to each position in 
the same class.
(c)
The director shall allocate or reallocate the position of each employee in classified 
service to one of the classes in the classification plan.
(d)
(i)
The division shall conduct periodic studies and interviews to provide that the 
classification plan remains reasonably current and reflects the duties and 
responsibilities assigned to and performed by employees.
(ii)
The director shall determine the need for studies and interviews after considering 
factors such as changes in duties and responsibilities of positions or agency 
reorganizations.
(e)
In accordance with Subsections 
(3)(a)
 and (b), and in consultation with the 
Department of Health and Human Services and the Department of Corrections, the 
director may create a classification plan for employee positions responsible for 
providing comprehensive health care and clinical interventions to inmates in a 
correctional facility, as those terms are defined in Section 
26B-4-901
, that accounts 
for the specific challenges of providing health care in a correctional facility.
(4)
(a)
With the approval of the executive director and the governor, the director shall 
develop and adopt pay plans for each position in classified service.
(b)
The director shall design each pay plan to achieve, to the degree that funds permit, 
comparability of state salary ranges to the market using data obtained from private 
enterprise and other public employment for similar work.
(c)
The director shall adhere to the following in developing each pay plan:
(i)
each pay plan shall consist of sufficient salary ranges to:
(A)
permit adequate salary differential among the various classes of positions in 
the classification plan; and
(B)
reflect the normal growth and productivity potential of employees in that class.
(ii)
The director shall issue rules for the administration of pay plans.
(d)
The establishing of a salary range is a nondelegable activity and is not appealable 
under the grievance procedures of 
Part 6, Grievance Provisions
, 
Title 67, Chapter 
19a, Grievance Procedures
, or otherwise.
(e)
The director shall make rules, accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, providing for:
(i)
agency approved salary adjustments within approved salary ranges, including an 
administrative salary adjustment; and
(ii)
structure adjustments that modify salary ranges, including a cost of living 
adjustment or market comparability adjustment.
(5)
(a)
On or before October 31 of each year, the director shall submit an annual 
compensation plan to the executive director and the governor for consideration in the 
executive budget and to the State Employee Benefits Advisory Commission created 
in Section 
63C-31-102
.
(b)
The plan described in Subsection 
(5)(a)
 may include recommendations, including:
(i)
salary increases that generally affect employees, including a general increase or 
merit increase;
(ii)
salary increases that address compensation issues unique to an agency or 
occupation;
(iii)
structure adjustments, including a cost of living adjustment or market 
comparability adjustment; or
(iv)
changes to employee benefits.
(c)
(i)
(A)
Subject to Subsection 
(5)(c)(i)(B)
 or 
(C)
, the director shall incorporate 
the results of a salary survey of a reasonable cross section of comparable 
positions in private and public employment in the state into the annual 
compensation plan.
(B)
The salary survey for a law enforcement officer, as defined in Section 
53-13-103
, a correctional officer, as defined in Section 
53-13-104
, or a 
dispatcher, as defined in Section 
53-6-102
, shall at minimum include the three 
largest political subdivisions in the state that employ, respectively, comparable 
positions.
(C)
The salary survey for an examiner or supervisor described in 
Title 7, Chapter 
1, Part 2, Department of Financial Institutions
, shall at minimum include the 
Federal Deposit Insurance Corporation, Federal Reserve, and National Credit 
Union Administration.
(ii)
The director may cooperate with or participate in any survey conducted by other 
public and private employers.
(iii)
The director shall obtain information for the purpose of constructing the survey 
from the Division of Workforce Information and Payment Services and shall 
include employer name, number of persons employed by the employer, employer 
contact information and job titles, county code, and salary if available.
(iv)
The division shall acquire and protect the needed records in compliance with the 
provisions of Section 
35A-4-312
.
(d)
The director may incorporate any other relevant information in the plan described in 
Subsection 
(5)(a)
, including information on staff turnover, recruitment data, or 
external market trends.
(e)
The director shall:
(i)
establish criteria to assure the adequacy and accuracy of data used to make 
recommendations described in this Subsection 
(5)
; and
(ii)
when preparing recommendations use accepted methodologies and techniques 
similar to and consistent with those used in the private sector.
(f)
(i)
Upon request and subject to Subsection 
(5)(f)(ii)
, the division shall make 
available foundational information used by the division or director in the drafting 
of a plan described in Subsection 
(5)(a)
, including:
(A)
demographic and labor market information;
(B)
information on employee turnover;
(C)
salary information;
(D)
information on recruitment; and
(E)
geographic data.
(ii)
The division may not provide under Subsection 
(5)(f)(i)
 information or other data 
that is proprietary or otherwise protected under the terms of a contract or by law.
(g)
The governor shall:
(i)
consider salary and structure adjustments recommended under Subsection 
(5)(b)
in preparing the executive budget and shall recommend the method of distributing 
the adjustments;
(ii)
submit compensation recommendations to the Legislature; and
(iii)
support the recommendation with schedules indicating the cost to individual 
departments and the source of funds.
(h)
If funding is approved by the Legislature in a general appropriations act, the 
adjustments take effect on the July 1 following the enactment unless otherwise 
indicated.
(6)
(a)
The director shall make rules, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, for the granting of incentive awards, including 
awards for cost saving actions, awards for commendable actions by an employee, or a 
market-based award to attract or retain employees.
(b)
An agency may not grant a market-based award unless the award is previously 
approved by the division.
(c)
In accordance with Subsection 
(6)(b)
, an agency requesting the division's approval of 
a market-based award shall submit a request and documentation, subject to 
Subsection 
(6)(d)
, to the division.
(d)
In the documentation required in Subsection 
(6)(c)
, the requesting agency shall 
identify for the division:
(i)
any benefit the market-based award would provide for the agency, including:
(A)
budgetary advantages; or
(B)
recruitment advantages;
(ii)
a mission critical need to attract or retain unique or hard to find skills in the 
market; or
(iii)
any other advantage the agency would gain through the utilization of a 
market-based award.
(7)
(a)
The director shall regularly evaluate the total compensation program of state 
employees in the classified service.
(b)
The division shall determine if employee benefits are comparable to those offered by 
other private and public employers using information from:
(i)
a study conducted by a third-party consultant; or
(ii)
the most recent edition of a nationally recognized benefits survey.
Section 9, Section 
64-13-21
 is amended to read:
64-13-21
. Supervision of sentenced offenders placed in community -- 
Rulemaking -- POST certified parole or probation officers and peace officers -- Duties -- 
Supervision fee -- Coordination with local mental health authority.
(1)
(a)
The department, except as otherwise provided by law, shall supervise a sentenced 
offender placed in the community if the offender:
(i)
(A)
is placed on probation by a court;
(B)
is released on parole by the Board of Pardons and Parole; or
(C)
is accepted for supervision under the terms of the Interstate Compact for the 
Supervision of Parolees and Probationers; and
(ii)
has been convicted of:
(A)
a felony;
(B)
a class A misdemeanor when an element of the offense is the use or attempted 
use of physical force against an individual or property; or
(C)
notwithstanding Subsection (1)(a)(ii)(B), a class A misdemeanor if the 
department is ordered by a court to supervise the offender under Section 
77-18-105
.
(b)
If a sentenced offender participates in substance use treatment or a residential, 
vocational and life skills program, as defined in Section 
13-53-102
, while under 
supervision on probation or parole, the department shall monitor the offender's 
compliance with and completion of the treatment or program.
(c)
The department shall establish standards for:
(i)
the supervision of offenders in accordance with the adult sentencing and 
supervision length guidelines, as defined in Section 
63M-7-401.1
, giving priority, 
based on available resources, to felony offenders and offenders sentenced under 
Subsection 
58-37-8
 (2)(b)(ii); and
(ii)
the monitoring described in Subsection (1)(b).
(2)
The department shall apply the graduated and evidence-based responses established in 
the adult sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
, to facilitate a prompt and appropriate response to an individual's violation 
of the terms of probation or parole, including:
(a)
sanctions to be used in response to a violation of the terms of probation or parole; and
(b)
requesting approval from the court or Board of Pardons and Parole to impose a 
sanction for an individual's violation of the terms of probation or parole, for a period 
of incarceration of not more than three consecutive days and not more than a total of 
six days within a period of 30 days.
(3)
The department shall implement a program of graduated incentives as established in the 
adult sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
to facilitate the department's prompt and appropriate response to an offender's:
(a)
compliance with the terms of probation or parole; or
(b)
positive conduct that exceeds those terms.
(4)
(a)
The department shall, in collaboration with the State Commission on Criminal and 
Juvenile Justice and the Division of Substance 
Abuse
Use
 and Mental Health, create 
standards and procedures for the collection of information, including cost savings 
related to recidivism reduction and the reduction in the number of inmates, related to 
the use of the graduated and evidence-based responses and graduated incentives, and 
offenders' outcomes.
(b)
The collected information shall be provided to the State Commission on Criminal 
and Juvenile Justice not less frequently than annually on or before August 31.
(5)
Employees of the department who are POST certified as law enforcement officers or 
correctional officers and who are designated as parole and probation officers by the 
executive director have the following duties:
(a)
monitoring, investigating, and supervising a parolee's or probationer's compliance 
with the conditions of the parole or probation agreement;
(b)
investigating or apprehending any offender who has escaped from the custody of the 
department or absconded from supervision;
(c)
supervising any offender during transportation; or
(d)
collecting DNA specimens when the specimens are required under Section 
53-10-404
.
(6)
(a)
(i)
A monthly supervision fee of $30 shall be collected from each offender on 
probation or parole.
(ii)
The fee described in Subsection (6)(a)(i) may be suspended or waived by the 
department upon a showing by the offender that imposition would create a 
substantial hardship or if the offender owes restitution to a victim.
(b)
(i)
The department shall make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, specifying the criteria for suspension or waiver 
of the supervision fee and the circumstances under which an offender may request 
a hearing.
(ii)
In determining whether the imposition of the supervision fee would constitute a 
substantial hardship, the department shall consider the financial resources of the 
offender and the burden that the fee would impose, with regard to the offender's 
other obligations.
(7)
(a)
For offenders placed on probation under Section 
77-18-105
 or parole under 
Subsection 
76-3-202
(2)(a) on or after October 1, 2015, but before January 1, 2019, 
the department shall establish a program allowing an offender to earn a reduction 
credit of 30 days from the offender's period of probation or parole for each month the 
offender complies with the terms of the offender's probation or parole agreement, 
including the case action plan.
(b)
(i)
For offenders placed on probation under Section 
77-18-105
 or parole under 
Section 
76-3-202
 on or after July 1, 2026, the department shall establish a 
program, consistent with the adult sentencing and supervision length guidelines, 
as defined in Section 
63M-7-401.1
, to provide incentives for an offender that 
maintains eligible employment, as defined in Section 
64-13g-101
.
(ii)
The program under Subsection (7)(b)(i) may include a credit towards the 
reduction of the length of supervision for an offender at a rate of up to 30 days for 
each month that the offender maintains eligible employment, as defined in Section 
64-13g-101
.
(iii)
A court, or the Board of Pardons and Parole, is not required to grant a request for 
termination of supervision under the program described in this Subsection (7)(b) if 
the court, or the Board of Pardons and Parole, finds that:
(A)
the offender presents a substantial risk to public safety;
(B)
termination would prevent the offender from completing risk reduction 
programming or treatment; or
(C)
the eligibility criteria for termination of supervision, as established in the adult 
sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
, have not been met.
(iv)
This Subsection (7)(b) does not prohibit the department, or another supervision 
services provider, from requesting termination of supervision based on the 
eligibility criteria in the adult sentencing and supervision length guidelines, as 
defined in Section 
63M-7-401.1
.
(c)
The department shall:
(i)
maintain a record of credits earned by an offender under this Subsection (7); and
(ii)
request from the court or the Board of Pardons and Parole the termination of 
probation or parole not fewer than 30 days prior to the termination date that 
reflects the credits earned under this Subsection (7).
(d)
This Subsection (7) does not prohibit the department from requesting a termination 
date earlier than the termination date established by earned credits under Subsection 
(7)(c).
(e)
The court or the Board of Pardons and Parole shall terminate an offender's probation 
or parole upon completion of the period of probation or parole accrued by time 
served and credits earned under this Subsection (7) unless the court or the Board of 
Pardons and Parole finds that termination would interrupt the completion of a 
necessary treatment program, in which case the termination of probation or parole 
shall occur when the treatment program is completed.
(f)
The department shall report annually to the State Commission on Criminal and 
Juvenile Justice on or before August 31:
(i)
the number of offenders who have earned probation or parole credits under this 
Subsection (7) in one or more months of the preceding fiscal year and the 
percentage of the offenders on probation or parole during that time that this 
number represents;
(ii)
the average number of credits earned by those offenders who earned credits;
(iii)
the number of offenders who earned credits by county of residence while on 
probation or parole;
(iv)
the cost savings associated with sentencing reform programs and practices; and
(v)
a description of how the savings will be invested in treatment and 
early-intervention programs and practices at the county and state levels.
(8)
(a)
The department shall coordinate with a local mental health authority to complete 
the requirements of this Subsection 
(8)
 for an offender who:
(i)
is a habitual offender as that term is defined in Section 
77-18-102
;
(ii)
has a mental illness as that term is defined in Section 
26B-5-301
; and
(iii)
based on a risk and needs assessment:
(A)
is at a high risk of reoffending; and
(B)
has risk factors that may be addressed by available community-based services.
(b)
For an offender described in Subsection 
(8)
(a), at any time clinically appropriate or 
at least three months before termination of an offender's parole or expiration of an 
offender's sentence, the department shall coordinate with the Department of Health 
and Human Services and the relevant local mental health authority to provide 
applicable clinical assessments and transitional treatment planning and services for 
the offender so that the offender may receive appropriate treatment and support 
services after the termination of parole or expiration of sentence.
(c)
The local mental health authority may determine whether the offender:
(i)
meets the criteria for civil commitment;
(ii)
meets the criteria for assisted outpatient treatment; or
(iii)
would benefit from assignment to an assertive community treatment team or 
available community-based services.
(d)
Based on the local mental health authority's determination under Subsection 
(8)(c)
, 
the local mental health authority shall, as appropriate:
(i)
initiate an involuntary commitment court proceeding;
(ii)
file a written application for assisted outpatient treatment; or
(iii)
seek to have the offender assigned to an assertive community treatment team or 
available community-based services.
(e)
On or before November 1, 2025, the department shall provide a report to the Law 
Enforcement and Criminal Justice Interim Committee regarding any proposed 
changes to the requirements in this Subsection 
(8)
, including whether the 
requirements of this Subsection (8) should also apply to any other category of 
offenders.
Section 10. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 10:26 AM