Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 63 (2025GS)

Sponsor

Rep. Dailey-Provost, Jennifer

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires local mental health authorities to provide consultation and education services concerning certain options for individuals experiencing mental health crises;
• requires the Behavioral Health Crisis Response Committee to prepare a proposal for a pilot program designed to improve outcomes for individuals experiencing a mental health crisis; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

34
17-43-301
26B-5-332
26B-5-339
36-29-113
63I-1-236
Criminal Justice and Mental Health Coordination Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
LONG TITLE
Committee Note:
 The Health and Human Services Interim Committee recommended this bill.
Legislative Vote:
13 voting for
1 voting against
5 absent
General Description:
This bill addresses situations where an individual experiencing a mental health crisis may 
interact with the criminal justice system.
Highlighted Provisions:
This bill:
requires local mental health authorities to designate an individual or individuals 
responsible for providing consultation, education, and information services concerning 
guardianship and conservatorship options for individuals experiencing mental health 
crises;
requires the Division of Integrated Healthcare to adopt and maintain, and certain 
designated examiners to complete an annual training program relating to civil 
commitment;
creates the Crisis Response Task Force (task force) and describes the task force's duties;
provides a sunset date for the task force; 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-5-332
, as last amended by Laws of Utah 2024, Chapters 287, 299 and 314
26B-5-339
, as renumbered and amended by Laws of Utah 2023, Chapter 308
63I-1-236
, as last amended by Laws of Utah 2024, Chapters 320, 506 and 507
ENACTS:
36-29-113
, Utah Code Annotated 1953
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.
(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
:
(A)
case consultation
,
;
(B)
collaboration with other county service agencies
,
;
(C)
public education
, and
;
(D)
public information; and
(E)
a designated individual or individuals responsible for providing consultation 
and education services concerning guardianship and conservatorship options 
for individuals experiencing mental health crises, including information 
concerning the process for seeking the appointment of an emergency guardian 
under Section 
75-5-310
 or a temporary conservator under Section 
75-5-408
; 
and
(x)
services to persons incarcerated in a county jail or other county correctional 
facility.
(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-5-332
 is amended to read:
26B-5-332. Involuntary commitment under court order -- Examination -- 
Hearing -- Power of court -- Findings required -- Costs.
(1)
A responsible individual who has credible knowledge of an adult's mental illness and 
the condition or circumstances that have led to the adult's need to be involuntarily 
committed may initiate an involuntary commitment court proceeding by filing, in the 
court in the county where the proposed patient resides or is found, a written application 
that includes:
(a)
unless the court finds that the information is not reasonably available, the proposed 
patient's:
(i)
name;
(ii)
date of birth; and
(iii)
social security number;
(b)
(i)
a certificate of a licensed physician or a designated examiner stating that 
within the seven-day period immediately preceding the certification, the physician 
or designated examiner examined the proposed patient and is of the opinion that 
the proposed patient has a mental illness and should be involuntarily committed; or
(ii)
a written statement by the applicant that:
(A)
the proposed patient has been requested to, but has refused to, submit to an 
examination of mental condition by a licensed physician or designated 
examiner;
(B)
is sworn to under oath; and
(C)
states the facts upon which the application is based; and
(c)
a statement whether the proposed patient has previously been under an assisted 
outpatient treatment order, if known by the applicant.
(2)
Before issuing a judicial order, the court:
(a)
shall require the applicant to consult with the appropriate local mental health 
authority at or before the hearing; and
(b)
may direct a mental health professional from the local mental health authority to 
interview the applicant and the proposed patient to determine the existing facts and 
report the existing facts to the court.
(3)
The court may issue an order, directed to a mental health officer or peace officer, to 
immediately place a proposed patient in the custody of a local mental health authority or 
in a temporary emergency facility, as described in Section 
26B-5-334
, to be detained for 
the purpose of examination if:
(a)
the court finds from the application, any other statements under oath, or any reports 
from a mental health professional that there is a reasonable basis to believe that the 
proposed patient has a mental illness that poses a danger to self or others and requires 
involuntary commitment pending examination and hearing; or
(b)
the proposed patient refuses to submit to an interview with a mental health 
professional as directed by the court or to go to a treatment facility voluntarily.
(4)
(a)
The court shall provide notice of commencement of proceedings for involuntary 
commitment, setting forth the allegations of the application and any reported facts, 
together with a copy of any official order of detention, to a proposed patient before, 
or upon, placement of the proposed patient in the custody of a local mental health 
authority or, with respect to any proposed patient presently in the custody of a local 
mental health authority whose status is being changed from voluntary to involuntary, 
upon the filing of an application for that purpose with the court.
(b)
The place of detention shall maintain a copy of the order of detention.
(5)
(a)
The court shall provide notice of commencement of proceedings for involuntary 
commitment as soon as practicable to the applicant, any legal guardian, any 
immediate adult family members, legal counsel for the parties involved, the local 
mental health authority or the local mental health authority's designee, and any other 
persons whom the proposed patient or the court designates.
(b)
Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall 
advise the persons that a hearing may be held within the time provided by law.
(c)
If the proposed patient refuses to permit release of information necessary for 
provisions of notice under this subsection, the court shall determine the extent of 
notice.
(6)
Proceedings for commitment of an individual under 18 years old to a local mental health 
authority may be commenced in accordance with Part 4, Commitment of Persons Under 
Age 18.
(7)
(a)
The court may, in the court's discretion, transfer the case to any other district 
court within this state, if the transfer will not be adverse to the interest of the 
proposed patient.
(b)
If a case is transferred under Subsection (7)(a), the parties to the case may be 
transferred and the local mental health authority may be substituted in accordance 
with Utah Rules of Civil Procedure, Rule 25.
(8)
Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a 
judicial order, or after commitment of a proposed patient to a local mental health 
authority or the local mental health authority's designee under court order for detention 
or examination, the court shall appoint two designated examiners:
(a)
who did not sign the civil commitment application nor the civil commitment 
certification under Subsection (1);
(b)
one of whom is:
(i)
a licensed physician
 who has complied with the training requirements described in 
Section 
26B-5-339
; or
(ii)
a psychiatric mental health nurse practitioner or a psychiatric mental health 
clinical nurse specialist who:
(A)
is nationally certified;
(B)
is doctorally trained;
 and
(C)
has at least two years of inpatient mental health experience, regardless of the 
license the individual held at the time of that experience; and
(D)
has complied with the training requirements described in Section 
26B-5-339
; 
and
(c)
one of whom may be designated by the proposed patient or the proposed patient's 
counsel, if that designated examiner is reasonably available.
(9)
The court shall schedule a hearing to be held within 10 calendar days after the day on 
which the designated examiners are appointed.
(10)
(a)
The designated examiners shall:
(i)
conduct the examinations separately;
(ii)
conduct the examinations at the home of the proposed patient, at a hospital or 
other medical facility, or at any other suitable place, including through telehealth, 
that is not likely to have a harmful effect on the proposed patient's health;
(iii)
inform the proposed patient, if not represented by an attorney:
(A)
that the proposed patient does not have to say anything;
(B)
of the nature and reasons for the examination;
(C)
that the examination was ordered by the court;
(D)
that any information volunteered could form part of the basis for the proposed 
patient's involuntary commitment;
(E)
that findings resulting from the examination will be made available to the 
court; and
(F)
that the designated examiner may, under court order, obtain the proposed 
patient's mental health records; and
(iv)
within 24 hours of examining the proposed patient, report to the court, orally or 
in writing, whether the proposed patient is mentally ill, has agreed to voluntary 
commitment, as described in Section 
26B-5-360
, or has acceptable programs 
available to the proposed patient without court proceedings.
(b)
If a designated examiner reports orally under Subsection (10)(a), the designated 
examiner shall immediately send a written report to the clerk of the court.
(11)
If a designated examiner is unable to complete an examination on the first attempt 
because the proposed patient refuses to submit to the examination, the court shall fix a 
reasonable compensation to be paid to the examiner.
(12)
If the local mental health authority, the local mental health authority's designee, or a 
medical examiner determines before the court hearing that the conditions justifying the 
findings leading to a commitment hearing no longer exist, the local mental health 
authority, the local mental health authority's designee, or the medical examiner shall 
immediately report the determination to the court.
(13)
The court may terminate the proceedings and dismiss the application at any time, 
including before the hearing, if the designated examiners or the local mental health 
authority or the local mental health authority's designee informs the court that the 
proposed patient:
(a)
does not meet the criteria in Subsection (16);
(b)
has agreed to voluntary commitment, as described in Section 
26B-5-360
;
(c)
has acceptable options for treatment programs that are available without court 
proceedings; or
(d)
meets the criteria for assisted outpatient treatment described in Section 
26B-5-351
.
(14)
(a)
Before the hearing, the court shall provide the proposed patient an opportunity 
to be represented by counsel, and if neither the proposed patient nor others provide 
counsel, the court shall appoint counsel and allow counsel sufficient time to consult 
with the proposed patient before the hearing.
(b)
In the case of an indigent proposed patient, the county in which the proposed patient 
resides or is found shall make payment of reasonable attorney fees for counsel, as 
determined by the court.
(15)
(a)
(i)
The court shall afford the proposed patient, the applicant, and any other 
person to whom notice is required to be given an opportunity to appear at the 
hearing, to testify, and to present and cross-examine witnesses.
(ii)
The court may, in the court's discretion, receive the testimony of any other person.
(iii)
The court may allow a waiver of the proposed patient's right to appear for good 
cause, which cause shall be set forth in the record, or an informed waiver by the 
patient, which shall be included in the record.
(b)
The court is authorized to exclude any person not necessary for the conduct of the 
proceedings and may, upon motion of counsel, require the testimony of each 
designated examiner to be given out of the presence of any other designated 
examiners.
(c)
The court shall conduct the hearing in as informal a manner as may be consistent 
with orderly procedure, and in a physical setting that is not likely to have a harmful 
effect on the mental health of the proposed patient, while preserving the due process 
rights of the proposed patient.
(d)
The court shall consider any relevant historical and material information that is 
offered, subject to the rules of evidence, including reliable hearsay under Utah Rules 
of Evidence, Rule 1102.
(e)
(i)
A local mental health authority or the local mental health authority's designee 
or the physician in charge of the proposed patient's care shall, at the time of the 
hearing, provide the court with the following information:
(A)
the detention order;
(B)
admission notes;
(C)
the diagnosis;
(D)
any doctors' orders;
(E)
progress notes;
(F)
nursing notes;
(G)
medication records pertaining to the current commitment; and
(H)
whether the proposed patient has previously been civilly committed or under 
an order for assisted outpatient treatment.
(ii)
The information described in Subsection (15)(e)(i) shall also be supplied to the 
proposed patient's counsel at the time of the hearing, and at any time prior to the 
hearing upon request.
(16)
(a)
The court shall order commitment of an adult proposed patient to a local mental 
health authority if, upon completion of the hearing and consideration of the 
information presented, the court finds by clear and convincing evidence that:
(i)
(A)
the proposed patient has a mental illness;
(B)
because of the proposed patient's mental illness the proposed patient poses a 
substantial danger to self or others;
(C)
the proposed patient lacks the ability to engage in a rational decision-making 
process regarding the acceptance of mental treatment as demonstrated by 
evidence of inability to weigh the possible risks of accepting or rejecting 
treatment;
(D)
there is no appropriate less-restrictive alternative to a court order of 
commitment; and
(E)
the local mental health authority can provide the proposed patient with 
treatment that is adequate and appropriate to the proposed patient's conditions 
and needs; or
(ii)
(A)
the proposed patient has been charged with a criminal offense;
(B)
with respect to the charged offense, the proposed patient is found incompetent 
to proceed as a result of a mental illness;
(C)
the proposed patient has a mental illness;
(D)
the proposed patient has a persistent unawareness of their mental illness and 
the negative consequences of that illness, or within the preceding six months 
has been requested or ordered to undergo mental health treatment but has 
unreasonably refused to undergo that treatment;
(E)
there is no appropriate less-restrictive alternative to a court order of 
commitment; and
(F)
the local mental health authority can provide the proposed patient with 
treatment that is adequate and appropriate to the proposed patient's conditions 
and needs.
(b)
(i)
If, at the hearing, the court determines that the proposed patient has a mental 
illness but does not meet the other criteria described in Subsection (16)(a), the 
court may consider whether the proposed patient meets the criteria for assisted 
outpatient treatment under Section 
26B-5-351
.
(ii)
The court may order the proposed patient to receive assisted outpatient treatment 
in accordance with Section 
26B-5-351
 if, at the hearing, the court finds the 
proposed patient meets the criteria for assisted outpatient treatment under Section 
26B-5-351
.
(iii)
If the court determines that neither the criteria for commitment under Subsection 
(16)(a) nor the criteria for assisted outpatient treatment under Section 
26B-5-351
 are met, the court shall dismiss the proceedings after the hearing.
(17)
(a)
(i)
The order of commitment shall designate the period for which the patient 
shall be treated.
(ii)
If the patient is not under an order of commitment at the time of the hearing, the 
patient's treatment period may not exceed six months without a review hearing.
(iii)
Upon a review hearing, to be commenced before the expiration of the previous 
order of commitment, an order for commitment may be for an indeterminate 
period, if the court finds by clear and convincing evidence that the criteria 
described in Subsection (16) will last for an indeterminate period.
(b)
(i)
The court shall maintain a current list of all patients under the court's order of 
commitment and review the list to determine those patients who have been under 
an order of commitment for the court designated period.
(ii)
At least two weeks before the expiration of the designated period of any order of 
commitment still in effect, the court that entered the original order of commitment 
shall inform the appropriate local mental health authority or the local mental 
health authority's designee of the expiration.
(iii)
Upon receipt of the information described in Subsection (17)(b)(ii), the local 
mental health authority or the local mental health authority's designee shall 
immediately reexamine the reasons upon which the order of commitment was 
based.
(iv)
If, after reexamination under Subsection (17)(b)(iii), the local mental health 
authority or the local mental health authority's designee determines that the 
conditions justifying commitment no longer exist, the local mental health 
authority or the local mental health authority's designee shall discharge the patient 
from involuntary commitment and immediately report the discharge to the court.
(v)
If, after reexamination under Subsection (17)(b)(iii), the local mental health 
authority or the local mental health authority's designee determines that the 
conditions justifying commitment continue to exist, the court shall immediately 
appoint two designated examiners and proceed under Subsections (8) through (14).
(c)
(i)
The local mental health authority or the local mental health authority's 
designee responsible for the care of a patient under an order of commitment for an 
indeterminate period shall, at six-month intervals, reexamine the reasons upon 
which the order of indeterminate commitment was based.
(ii)
If the local mental health authority or the local mental health authority's designee 
determines that the conditions justifying commitment no longer exist, the local 
mental health authority or the local mental health authority's designee shall 
discharge the patient from the local mental health authority's or the local mental 
health authority designee's custody and immediately report the discharge to the 
court.
(iii)
If the local mental health authority or the local mental health authority's designee 
determines that the conditions justifying commitment continue to exist, the local 
mental health authority or the local mental health authority's designee shall send a 
written report of the findings to the court.
(iv)
A patient and the patient's counsel of record shall be notified in writing that the 
involuntary commitment will be continued under Subsection (17)(c)(iii), the 
reasons for the decision to continue, and that the patient has the right to a review 
hearing by making a request to the court.
(v)
Upon receiving a request under Subsection (17)(c)(iv), the court shall 
immediately appoint two designated examiners and proceed under Subsections (8) 
through (14).
(18)
(a)
Any patient committed as a result of an original hearing or a patient's legally 
designated representative who is aggrieved by the findings, conclusions, and order of 
the court entered in the original hearing has the right to a new hearing upon a petition 
filed with the court within 30 days after the day on which the court order is entered.
(b)
The petition shall allege error or mistake in the findings, in which case the court shall 
appoint three impartial designated examiners previously unrelated to the case to 
conduct an additional examination of the patient.
(c)
Except as provided in Subsection (18)(b), the court shall, in all other respects, 
conduct the new hearing in the manner otherwise permitted.
(19)
The county in which the proposed patient resides or is found shall pay the costs of all 
proceedings under this section.
(20)
(a)
A local mental health authority shall provide discharge instructions to each 
individual committed under this section at or before the time the individual is 
discharged from the local mental health authority's custody, regardless of the 
circumstances under which the individual is discharged.
(b)
Discharge instructions provided under Subsection 
(20)(a)
 shall include:
(i)
a summary of why the individual was committed to the local mental health 
authority;
(ii)
detailed information about why the individual is being discharged from the local 
mental health authority's custody;
(iii)
a safety plan for the individual based on the individual's mental illness or mental 
or emotional state;
(iv)
notification to the individual's primary care provider, if applicable;
(v)
if the individual is discharged without food, housing, or economic security, a 
referral to appropriate services, if such services exist in the individual's 
community;
(vi)
the phone number to call or text for a crisis services hotline, and information 
about the availability of peer support services;
(vii)
a copy of any psychiatric advance directive presented to the local mental health 
authority, if applicable;
(viii)
information about how to establish a psychiatric advance directive if one was 
not presented to the local mental health authority;
(ix)
as applicable, information about medications that were changed or discontinued 
during the commitment;
(x)
a list of any screening or diagnostic tests conducted during the commitment;
(xi)
a summary of therapeutic treatments provided during the commitment;
(xii)
any laboratory work, including blood samples or imaging, that was completed or 
attempted during the commitment; and
(xiii)
information about how to contact the local mental health authority if needed.
(c)
If an individual's medications were changed, or if an individual was prescribed new 
medications while committed under this section, discharge instructions provided 
under Subsection 
(20)(a)
 shall include a clinically appropriate supply of medications, 
as determined by a licensed health care provider, to allow the individual time to 
access another health care provider or follow-up appointment.
(d)
If an individual refuses to accept discharge instructions, the local mental health 
authority shall document the refusal in the individual's medical record.
(e)
If an individual's discharge instructions include referrals to services under Subsection 
(20)(b)(v)
, the local mental health authority shall document those referrals in the 
individual's medical record.
(f)
The local mental health authority shall attempt to follow up with a discharged 
individual at least 48 hours after discharge, and may use peer support professionals 
when performing follow-up care or developing a continuing care plan.
(21)
If any provision of Subsection 
(16)(a)(ii)
 or the application of any provision of 
Subsection 
(16)(a)
(ii) to any person or circumstance is held invalid by a court with 
jurisdiction, the remainder of Subsection 
(16)(a)(ii)
 shall be given effect without the 
invalid provision or application. The provisions of Subsection 
(16)(a)(ii)
 are severable.
Section 3, Section 
26B-5-339
 is amended to read:
26B-5-339. Designated examiners -- Training -- Evaluations -- Fee.
(1)
(a)
The division shall adopt and maintain a training program designed to educate 
designated examiners on the process and requirements for civil commitment, 
including:
(i)
the purpose of civil commitment;
(ii)
the civil commitment process; and
(iii)
statutes governing civil commitment.
(b)
Beginning January 1, 2026, a designated examiner shall complete the training 
program adopted pursuant to Subsection (1)(a) at least once every 24 months.
(2)
A designated examiner shall consider a proposed patient's mental health history when 
evaluating a proposed patient.
(2)
(3)
A designated examiner may request a court order to obtain a proposed patient's 
mental health records if a proposed patient refuses to share this information with the 
designated examiner.
(3)
(4)
A designated examiner, when evaluating a proposed patient for civil commitment, 
shall consider whether:
(a)
a proposed patient has been under a court order for assisted outpatient treatment;
(b)
the proposed patient complied with the terms of the assisted outpatient treatment 
order, if any; and
(c)
whether assisted outpatient treatment is sufficient to meet the proposed patient's 
needs.
(4)
(5)
A designated examiner shall be allowed a reasonable fee by the county legislative 
body of the county in which the proposed patient resides or is found, unless the 
designated examiner is otherwise paid.
Section 4, Section 
36-29-113
 is enacted to read:
36-29-113. Crisis Response Task Force.
(1)
As used in this section:
(a)
"Mental health crisis" means the same as that term is defined in Section 
26B-5-101
.
(b)
"Task force" means the Crisis Response Task Force created in Subsection (2).
(2)
There is created the Crisis Response Task Force consisting of the following members:
(a)
three members of the Senate appointed by the president of the Senate, no more than 
two of whom may be from the same political party;
(b)
three members of the House of Representatives appointed by the speaker of the 
House of Representatives, no more than two of whom may be from the same political 
party;
(c)
the executive director of the Commission on Criminal and Juvenile Justice, or the 
executive director's designee;
(d)
the executive director of the Department of Corrections, or the executive director's 
designee;
(e)
the executive director of the Department of Health and Human Services, or the 
executive director's designee;
(f)
the commissioner of public safety, or the commissioner's designee;
(g)
the state court administrator, or the state court administrator's designee;
(h)
a representative of the Utah Chiefs of Police Association, appointed by the president 
of that association;
(i)
a representative of the Utah Sheriffs' Association, appointed by the president of that 
association;
(j)
a representative of the Board of Pardons and Parole, appointed by the chair of that 
board;
(k)
a representative of the Utah Association of Counties, appointed by the president of 
that association;
(l)
an individual with lived experience with mental health crises, appointed by the 
director of the Office of Substance Use and Mental Health; and
(m)
a representative of the Disability Law Center, appointed by the executive director of 
that center.
(3)
(a)
The president of the Senate shall designate a member of the Senate appointed 
under Subsection 
(2)(a)
 as a cochair of the task force.
(b)
The speaker of the House of Representatives shall designate a member of the House 
of Representatives appointed under Subsection 
(2)(b)
 as a cochair of the task force.
(4)
If a vacancy occurs in the membership of the task force described in Subsection 
(2)
, the 
member shall be replaced in the same manner in which the original appointment was 
made.
(5)
(a)
A majority of the members of the task force constitutes a quorum.
(b)
The action of a majority of a quorum constitutes an action of the task force.
(6)
Salaries and expenses of the members of the task force who are legislators shall be paid 
in accordance with:
(a)
Section 
36-2-2
;
(b)
Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation 
Expenses; and
(c)
Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
(7)
A member of the task force who is not a legislator:
(a)
may not receive compensation for the member's work associated with the task force; 
and
(b)
may receive per diem and reimbursement for travel expenses incurred as a member 
of the task force at the rates established by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(8)
The Office of Legislative Research and General Counsel shall provide staff support to 
the task force.
(9)
The task force shall:
(a)
review the interaction of criminal justice systems and mental health systems;
(b)
based on the review described in Subsection 
(9)(a)
, make recommendations 
regarding the specific parameters of a study that could be conducted to provide 
necessary data to guide the design of a pilot program aimed at improving outcomes 
for individuals experiencing a mental health crisis; and
(c)
if a study is undertaken based on the recommendations described in Subsection 
(9)(b), review the results of the study and make recommendations regarding the 
specific parameters of the pilot program described in Subsection 
(9)(b)
.
(10)
(a)
On or before September 30, 2025, the task force shall provide a report that 
includes the recommendations described in Subsection (9)(b) to the Health and 
Human Services Interim Committee and the Legislative Management Committee.
(b)
If the study described in Subsection 
(9)(b)
 is undertaken, the task force shall provide 
a report that includes the recommendations described in Subsection 
(9)(c)
 to the 
Health and Human Services Interim Committee and the Legislative Management 
Committee on or before July 31, 2027.
(11)
The task force shall meet as needed.
(12)
The task force is repealed December 31, 2027.
Section 5, Section 
63I-1-236
 is amended to read:
63I-1-236. Repeal dates: Title 36.
(1)
Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2028.
(2)
Section 
36-29-111
, Public Safety Data Management Task Force, is repealed July 1, 
2029.
(3)
Title 36, Chapter 28, Veterans and Military Affairs Commission, is repealed January 1, 
2030.
(4)
Section 
36-29-112
, Justice Court Reform Task Force, is repealed July 1, 2025.
(5)
Section 
36-29-113
, Crisis Response Task Force, is repealed December 31, 2027.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
12-20-24 5:09 PM