Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 167 (2025GS)

Sponsor

Rep. Clancy, Tyler

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that a local mental health authority shall, to the extent feasible, coordinate with the Department of Corrections (department) to ensure the continuity of mental health services for county residents on probation or parole;
• provides that a criminal justice coordinating council shall identify strategies for connecting county residents on probation, parole, or leaving jail or prison, with certain county-based services;
• adds an expunged conviction and an arrest that occurred as a juvenile to the circumstances when a public employer may not exclude an applicant from an initial interview;
• reduces the amount of time following an individual's incarceration for purposes of defining unprofessional conduct in certain circumstances and expands the exceptions under which a conviction would not qualify;
• provides that the department may procure or adopt technology to coordinate services with outside organizations involved in supporting individuals on probation or parole;
• creates the Rehabilitation and Reentry Services Special Revenue Fund, which:
• allows the department to accept donations and other funds; and
• restricts funds for specified purposes relating to the successful reintegration of offenders and former offenders into the general public; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

17
17-43-301
17-55-201
34-52-201
58-1-501
64-13-6
64-13h-101
64-13h-102
64-13h-103
17-43-301
17-55-201
34-52-201
58-1-501
64-13-6
64-13h-101
64-13h-102
64-13h-103
7
Offender Reintegration Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: Stephanie Pitcher
LONG TITLE
General Description:
This bill concerns the reentry and reintegration of offenders and former offenders into the 
general public.
Highlighted Provisions:
This bill:
provides that a local mental health authority shall, to the extent feasible, coordinate with 
the Department of Corrections (department) to ensure the continuity of mental health 
services for county residents on probation or parole;
provides that a criminal justice coordinating council shall identify strategies for 
connecting county residents on probation, parole, or leaving jail or prison, with certain 
county-based services; 
adds an expunged conviction and an arrest that occurred as a juvenile to the 
circumstances when a public employer may not exclude an applicant from an initial 
interview;
reduces the amount of time following an individual's incarceration for purposes of 
defining unprofessional conduct in certain circumstances and expands the exceptions 
under which a conviction would not qualify;
provides that the department may procure or adopt technology to coordinate services with 
outside organizations involved in supporting individuals on probation or parole;
creates the Rehabilitation and Reentry Services Special Revenue Fund, which:
 allows the department to accept donations and other funds; and
restricts funds for specified purposes relating to the successful reintegration of 
offenders and former offenders into the general public; and
makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates 
$2,000,000
 in operating and capital budgets for fiscal year 2026, all 
of which is from the various sources as detailed in this bill.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17-43-301
, (Effective upon governor's approval) as last amended by Laws of Utah 2024, 
Chapters 240, 299
17-55-201
, (Effective upon governor's approval) as last amended by Laws of Utah 2024, 
Chapter 187
34-52-201
, (Effective upon governor's approval) as last amended by Laws of Utah 2023, 
Chapters 115, 344 and last amended by Coordination Clause, Laws of Utah 2023, Chapter 344
58-1-501
, (Effective upon governor's approval) as last amended by Laws of Utah 2024, 
Chapter 420
64-13-6
, (Effective upon governor's approval) as last amended by Laws of Utah 2024, 
Chapters 144, 208
ENACTS:
64-13h-101
, (Effective upon governor's approval) Utah Code Annotated 1953
64-13h-102
, (Effective upon governor's approval) Utah Code Annotated 1953
64-13h-103
, (Effective upon governor's approval) 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 (Effective upon governor's approval). 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 case consultation, collaboration 
with other county service agencies, public education, and public information; 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
:
(a)
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
.
; and
(b)
to the extent feasible, coordinate with the Department of Corrections to ensure the 
continuity of mental health services for county residents who are on probation or 
parole.
Section 2, Section 
17-55-201
 is amended to read:
17-55-201 (Effective upon governor's approval). Criminal justice coordinating 
councils -- Creation -- Strategic plan -- Reporting requirements.
(1)
(a)
Beginning January 1, 2023, a county shall:
(i)
create a criminal justice coordinating council; or
(ii)
jointly with another county or counties, create a criminal justice coordinating 
council.
(b)
The purpose of a council is to coordinate and improve components of the criminal 
justice system in the county or counties.
(2)
(a)
A council shall include:
(i)
one county commissioner or county council member;
(ii)
the county sheriff or the sheriff's designee;
(iii)
one chief of police of a municipality within the county or the chief's designee;
(iv)
the county attorney or the attorney's designee;
(v)
one public defender or attorney who provides public defense within the county;
(vi)
one district court judge;
(vii)
one justice court judge;
(viii)
one representative from the Division of Adult Probation and Parole within the 
Department of Corrections;
(ix)
one representative from the local mental health authority within the county; and
(x)
one individual who is:
(A)
a crime victim; or
(B)
a victim advocate, as defined in Section 
77-38-403
.
(b)
A council may include:
(i)
an individual representing:
(A)
local government;
(B)
human services programs;
(C)
higher education;
(D)
peer support services;
(E)
workforce services;
(F)
local housing services;
(G)
mental health or substance use disorder providers;
(H)
a health care organization within the county;
(I)
a local homeless council;
(J)
family counseling and support groups; or
(K)
organizations that work with families of incarcerated individuals; or
(ii)
an individual with lived experiences in the criminal justice system.
(3)
(a)
A member who is an elected county official shall serve as chair of the council.
(b)
The council shall elect the member to serve as chair under Subsection (3)(a).
(4)
(a)
A council shall develop and implement a strategic plan for the county's or 
counties' criminal justice system that includes:
(i)
mapping of all systems, resources, assets, and services within the county's or 
counties' criminal justice system;
(ii)
a plan for data sharing across the county's or counties' criminal justice system;
(iii)
recidivism reduction objectives; and
(iv)
community reintegration goals
, including identifying strategies for connecting 
county residents who are on probation, parole, or leaving jail or prison, including 
those under the custody of the Division of Juvenile Justice and Youth Services, 
with county-based housing, employment, mental health services, substance use 
treatment, and related resources
.
(b)
The commission may assist a council in the development of a strategic plan.
(5)
As part of the council's duties described in Subsection (4)(a)(i), the council shall prepare 
a list of private probation providers for a court to provide to defendants as described in 
Section 
77-18-105
.
(6)
Before November 30 of each year, a council shall provide a written report to the 
commission regarding:
(a)
the implementation of a strategic plan described in Subsection (4); and
(b)
any data on the impact of the council on the criminal justice system in the county or 
counties.
Section 3, Section 
34-52-201
 is amended to read:
34-52-201 (Effective upon governor's approval). Public employer requirements.
(1)
Except as provided in Subsections 
(3)
 and 
(6)
, a public employer may not:
(a)
exclude an applicant from an initial interview because of:
(i)
a past criminal conviction
, an expunged conviction, an arrest for an offense that 
occurred before the applicant was 18 years old,
 or 
a 
juvenile adjudication; or
(ii)
if the applicant is a mental health professional applicant, an arrest for an offense 
that occurred before the applicant was 18 years old;
(b)
make an inquiry related to an applicant's expunged criminal or juvenile delinquency 
history;
(c)
when making a hiring decision regarding a mental health professional applicant, 
consider:
(i)
an arrest for an offense that occurred before the mental health professional 
applicant was 18 years old;
(ii)
an arrest not followed by a criminal conviction or juvenile adjudication;
(iii)
a juvenile adjudication; or
(iv)
a past criminal conviction if:
(A)
the sentence for the criminal conviction is terminated; and
(B)
the mental health professional applicant was not incarcerated for the past 
criminal conviction or the mental health professional applicant's incarceration 
for the past criminal conviction ended at least three years before the day on 
which the mental health professional applicant applied for employment; or
(d)
deny a mental health professional applicant employment based on a past criminal 
conviction that does not bear a direct relationship to the mental health professional 
applicant's ability to safely or competently perform the duties of employment.
(2)
A public employer excludes an applicant from an initial interview under Subsection 
(1)
if the public employer:
(a)
requires an applicant to disclose a criminal conviction or juvenile adjudication:
(i)
on an employment application;
(ii)
before an initial interview; or
(iii)
if no interview is conducted, before making a conditional offer of employment; or
(b)
requires an applicant who is a mental health professional applicant to disclose an 
arrest for an offense that occurred before the applicant was 18 years old:
(i)
on an employment application;
(ii)
before an initial interview; or
(iii)
if no interview is conducted, before making a conditional offer of employment.
(3)
A public employer may not deny a mental health professional applicant employment 
that requires the mental health professional applicant to provide substance use treatment 
based on:
(a)
the mental health professional applicant's participation in substance use treatment; or
(b)
a past criminal conviction for a nonviolent drug offense if:
(i)
the sentence for the criminal conviction is terminated; and
(ii)
(A)
the mental health professional applicant was not incarcerated for the past 
criminal conviction; or
(B)
the mental health professional applicant's incarceration for the past criminal 
conviction ended at least three years before the day on which the mental health 
professional applicant applied for employment.
(4)
An applicant seeking employment from a public employer may answer a question 
related to an expunged criminal or juvenile delinquency record as though the action 
underlying the expunged criminal or juvenile delinquency record never occurred.
(5)
Except as provided in Subsections 
(1)
 through 
(3)
, this section does not prevent a public 
employer from:
(a)
asking an applicant for information about an applicant's criminal conviction or 
juvenile delinquency history during an initial interview or after an initial interview; or
(b)
considering an applicant's criminal conviction or juvenile delinquency history when 
making a hiring decision.
(6)
(a)
Subsections 
(1)
 through 
(4)
 do not apply:
(i)
if federal, state, or local law, including corresponding administrative rules, 
requires the consideration of an applicant's criminal conviction
, an expunged 
conviction, an arrest for an offense that occurred before the applicant was 18 years 
old,
 or juvenile delinquency history;
(ii)
to a public employer that is a law enforcement agency;
(iii)
to a public employer that is part of the criminal or juvenile justice system;
(iv)
to a public employer seeking a nonemployee volunteer;
(v)
to a public employer that works with children or vulnerable adults;
(vi)
to the Department of Alcoholic Beverage Services created in Section 
32B-2-203
;
(vii)
to the State Tax Commission;
(viii)
to a public employer whose primary purpose is performing financial or 
fiduciary functions; or
(ix)
to a public transit district hiring or promoting an individual for a safety sensitive 
position described in Section 
17B-2a-825
.
(b)
Subsections 
(1)(c)(iv)
 and 
(1)(d)
 do not apply to a criminal conviction for:
(i)
a violent felony as defined in Section 
76-3-203.5
; or
(ii)
a felony related to a criminal sexual act under 
Title 76, Chapter 5, Part 4, Sexual 
Offenses
, or 
Title 76, Chapter 5b, Sexual Exploitation Act
.
(c)
Subsections 
(1)(a)(ii)
, 
(1)(c)
, 
(1)(d)
, and 
(3)
 apply to a person under contract with a 
public employer.
Section 4, Section 
58-1-501
 is amended to read:
58-1-501 (Effective upon governor's approval). Unlawful and unprofessional 
conduct.
(1)
"Unlawful conduct" means conduct, by any person, that is defined as unlawful under 
this title and includes:
(a)
practicing or engaging in, representing oneself to be practicing or engaging in, or 
attempting to practice or engage in any profession requiring licensure under this title, 
except the behavioral health technician under Chapter 60, Part 6, Behavioral Health 
Coach and Technician Licensing Act, if the person is:
(i)
not licensed to do so or not exempted from licensure under this title; or
(ii)
restricted from doing so by a suspended, revoked, restricted, temporary, 
probationary, or inactive license;
(b)
(i)
impersonating another licensee or practicing a profession under a false or 
assumed name, except as permitted by law; or
(ii)
for a licensee who has had a license under this title reinstated following 
disciplinary action, practicing the same profession using a different name than the 
name used before the disciplinary action, except as permitted by law and after 
notice to, and approval by, the division;
(c)
knowingly employing any other person to practice or engage in or attempt to practice 
or engage in any profession licensed under this title if the employee is not licensed to 
do so under this title;
(d)
knowingly permitting the person's authority to practice or engage in any profession 
licensed under this title to be used by another, except as permitted by law;
(e)
obtaining a passing score on a licensure examination, applying for or obtaining a 
license, or otherwise dealing with the division or a licensing board through the use of 
fraud, forgery, or intentional deception, misrepresentation, misstatement, or omission;
(f)
(i)
issuing, or aiding and abetting in the issuance of, an order or prescription for a 
drug or device to a person located in this state:
(A)
without prescriptive authority conferred by a license issued under this title, or 
by an exemption to licensure under this title; or
(B)
with prescriptive authority conferred by an exception issued under this title or 
a multistate practice privilege recognized under this title, if the prescription 
was issued without first obtaining information, in the usual course of 
professional practice, that is sufficient to establish a diagnosis, to identify 
underlying conditions, and to identify contraindications to the proposed 
treatment; and
(ii)
Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call 
or cross coverage situation, provided that the person who issues the prescription 
has prescriptive authority conferred by a license under this title, or is exempt from 
licensure under this title; or
(g)
aiding or abetting any other person to violate any statute, rule, or order regulating a 
profession under this title.
(2)
(a)
"Unprofessional conduct" means conduct, by a licensee or applicant, that is 
defined as unprofessional conduct under this title or under any rule adopted under 
this title and includes:
(i)
violating any statute, rule, or order regulating an a profession under this title;
(ii)
violating, or aiding or abetting any other person to violate, any generally accepted 
professional or ethical standard applicable to an occupation or profession 
regulated under this title;
(iii)
subject to the provisions of Subsection (4), engaging in conduct that results in 
conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is 
held in abeyance pending the successful completion of probation with respect to a 
crime that, when considered with the functions and duties of the profession for 
which the license was issued or is to be issued, bears a substantial relationship to 
the licensee's or applicant's ability to safely or competently practice the profession;
(iv)
engaging in conduct that results in disciplinary action, including reprimand, 
censure, diversion, probation, suspension, or revocation, by any other licensing or 
regulatory authority having jurisdiction over the licensee or applicant in the same 
profession if the conduct would, in this state, constitute grounds for denial of 
licensure or disciplinary proceedings under Section 
58-1-401
;
(v)
engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar 
chemicals, to the extent that the conduct does, or might reasonably be considered 
to, impair the ability of the licensee or applicant to safely engage in the profession;
(vi)
practicing or attempting to practice a profession regulated under this title despite 
being physically or mentally unfit to do so;
(vii)
practicing or attempting to practice a or profession regulated under this title 
through gross incompetence, gross negligence, or a pattern of incompetency or 
negligence;
(viii)
practicing or attempting to practice a profession requiring licensure under this 
title by any form of action or communication which is false, misleading, 
deceptive, or fraudulent;
(ix)
practicing or attempting to practice a profession regulated under this title beyond 
the scope of the licensee's competency, abilities, or education;
(x)
practicing or attempting to practice a profession regulated under this title beyond 
the scope of the licensee's license;
(xi)
verbally, physically, mentally, or sexually abusing or exploiting any person 
through conduct connected with the licensee's practice under this title or otherwise 
facilitated by the licensee's license;
(xii)
acting as a supervisor without meeting the qualification requirements for that 
position that are defined by statute or rule;
(xiii)
issuing, or aiding and abetting in the issuance of, an order or prescription for a 
drug or device:
(A)
without first obtaining information in the usual course of professional 
practice, that is sufficient to establish a diagnosis, to identify conditions, and to 
identify contraindications to the proposed treatment; or
(B)
with prescriptive authority conferred by an exception issued under this title, or 
a multi-state practice privilege recognized under this title, if the prescription 
was issued without first obtaining information, in the usual course of 
professional practice, that is sufficient to establish a diagnosis, to identify 
underlying conditions, and to identify contraindications to the proposed 
treatment;
(xiv)
violating a provision of Section 
58-1-501.5
;
(xv)
violating the terms of an order governing a license; or
(xvi)
violating Section 
58-1-511
.
(b)
"Unprofessional conduct" does not include:
(i)
a health care provider, as defined in Section 
78B-3-403
 and who is licensed under 
this title, deviating from medical norms or established practices if the conditions 
described in Subsection (5) are met; and
(ii)
notwithstanding Section 
58-1-501.6
, a health care provider advertising that the 
health care provider deviates from medical norms or established practices, 
including the maladies the health care provider treats, if the health care provider:
(A)
does not guarantee any results regarding any health care service;
(B)
fully discloses on the health care provider's website that the health care 
provider deviates from medical norms or established practices with a 
conspicuous statement; and
(C)
includes the health care provider's contact information on the website.
(3)
Unless otherwise specified by statute or administrative rule, in a civil or administrative 
proceeding commenced by the division under this title, a person subject to any of the 
unlawful and unprofessional conduct provisions of this title is strictly liable for each 
violation.
(4)
The following are not evidence of engaging in unprofessional conduct under Subsection 
(2)(a)(iii):
(a)
an arrest not followed by a conviction; or
(b)
a conviction for which an individual's incarceration has ended more than 
seven
five
years before the date of the division's consideration, unless:
(i)
after the incarceration the individual has engaged in additional conduct that results 
in another conviction, a plea of nolo contendere, or a plea of guilty or nolo 
contendere that is held in abeyance pending the successful completion of 
probation; or
(ii)
the conviction was for:
(A)
a violent felony as defined in Section 
76-3-203.5
;
(B)
a felony related to a criminal sexual act under Title 76, Chapter 5, Part 4, 
Sexual Offenses, or Title 76, Chapter 5b, Sexual Exploitation Act; 
or
(C)
a felony related to criminal fraud or embezzlement, including a felony under 
Title 76, Chapter 6, Part 5, Fraud, or Title 76, Chapter 6, Part 4, Theft
; or
(D)
a crime or a pattern of crimes that demonstrates a substantial potential to harm 
Utah patients or consumers, as may be determined by the director in a process 
defined by rule made in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
.
(5)
In accordance with Subsection (2)(b)(i), a health care provider may deviate from 
medical norms or established practices if:
(a)
the health care provider does not deviate outside of the health care provider's scope 
of practice and possesses the education, training, and experience to competently and 
safely administer the alternative health care service;
(b)
the health care provider does not provide an alternative health care service that is 
otherwise contrary to any state or federal law;
(c)
the alternative health care service has reasonable potential to be of benefit to the 
patient to whom the alternative health care service is to be given;
(d)
the potential benefit of the alternative health care service outweighs the known 
harms or side effects of the alternative health care service;
(e)
the alternative health care service is reasonably justified under the totality of the 
circumstances;
(f)
after diagnosis but before providing the alternative health care service:
(i)
the health care provider educates the patient on the health care services that are 
within the medical norms and established practices;
(ii)
the health care provider discloses to the patient that the health care provider is 
recommending an alternative health care service that deviates from medical norms 
and established practices;
(iii)
the health care provider discusses the rationale for deviating from medical norms 
and established practices with the patient;
(iv)
the health care provider discloses any potential risks associated with deviation 
from medical norms and established practices; and
(v)
the patient signs and acknowledges a notice of deviation; and
(g)
before providing an alternative health care service, the health care provider discloses 
to the patient that the patient may enter into an agreement describing what would 
constitute the health care provider's negligence related to deviation.
(6)
As used in this section, "notice of deviation" means a written notice provided by a 
health care provider to a patient that:
(a)
is specific to the patient;
(b)
indicates that the health care provider is deviating from medical norms or established 
practices in the health care provider's recommendation for the patient's treatment;
(c)
describes how the alternative health care service deviates from medical norms or 
established practices;
(d)
describes the potential risks and benefits associated with the alternative health care 
service;
(e)
describes the health care provider's reasonably justified rationale regarding the 
reason for the deviation; and
(f)
provides clear and unequivocal notice to the patient that the patient is agreeing to 
receive the alternative health care service which is outside medical norms and 
established practices.
Section 5, Section 
64-13-6
 is amended to read:
64-13-6 (Effective upon governor's approval). Department duties.
(1)
The department shall:
(a)
protect the public through institutional care and confinement, and supervision in the 
community of offenders where appropriate;
(b)
implement court-ordered punishment of offenders;
(c)
provide evidence-based and evidence-informed program opportunities for offenders 
designed to reduce offenders' criminogenic and recidivism risks, including 
behavioral, cognitive, educational, and career-readiness program opportunities;
(d)
ensure that offender participation in all program opportunities described in 
Subsection (1)(c) is voluntary;
(e)
where appropriate, utilize offender volunteers as mentors in the program 
opportunities described in Subsection (1)(c);
(f)
provide treatment for sex offenders who are found to be treatable based upon criteria 
developed by the department;
(g)
provide the results of ongoing clinical assessment of sex offenders and objective 
diagnostic testing to sentencing and release authorities;
(h)
manage programs that take into account the needs and interests of victims, where 
reasonable;
(i)
supervise probationers and parolees as directed by statute and implemented by the 
courts and the Board of Pardons and Parole;
(j)
subject to Subsection (3), investigate criminal conduct involving offenders 
incarcerated in a state correctional facility;
(k)
cooperate and exchange information with other state, local, and federal law 
enforcement agencies to achieve greater success in prevention and detection of crime 
and apprehension of criminals;
(l)
implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult 
Offender Supervision;
(m)
establish a case action plan based on appropriate validated risk, needs, and 
responsivity assessments for each offender as follows:
(i)
(A)
if an offender is to be supervised in the community, the department shall 
establish a case action plan for the offender no later than 60 days after the day 
on which the department's community supervision of the offender begins; and
(B)
if the offender is committed to the custody of the department, the department 
shall establish a case action plan for the offender no later than 90 days after the 
day on which the offender is committed to the custody of the department;
(ii)
each case action plan shall:
(A)
integrate an individualized, evidence-based, and evidence-informed treatment 
and program plan with clearly defined completion requirements; and
(B)
require that a case manager will:
(I)
ensure that an assessment of the education level, occupational interests, and 
aptitudes of the inmate has been completed;
(II)
refer the inmate to a higher education student advisor at an institution 
offering programs consistent with the inmate's interests and aptitudes for 
advisement on educational preferences and plans;
(III)
incorporate the inmate's interests, aptitudes, and student advisement into 
an education plan consistent with the guidance provided by the Higher 
Education and Corrections Council created in Section 
53B-35-201
; and
(IV)
refer the inmate to the student advisor at the institution called for in the 
case action plan for guidance and assistance with the education process;
(iii)
the department shall share each newly established case action plan with the 
sentencing and release authority within 30 days after the day on which the case 
action plan is established; and
(iv)
the department shall share any changes to a case action plan, including any 
change in an offender's risk assessment, with the sentencing and release authority 
within 30 days after the day of the change;
(n)
ensure that an inmate has reasonable access to legal research;
(o)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 
63G, Chapter 22, State Training and Certification Requirements, if the training or 
certification is required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department;
(p)
when reporting on statewide recidivism, include the metrics and requirements 
described in Section 
63M-7-102
;
(q)
create a reentry division that focuses on the successful reentry of inmates into the 
community;
(r)
coordinate with the Board of Pardons and Parole regarding inmate records that are 
necessary for the Board of Pardons and Parole to make necessary determinations 
regarding an inmate; and
(s)
ensure that inmate records regarding discipline, programs, and other relevant metrics 
are:
(i)
complete and updated in a timely manner; and
(ii)
when applicable, shared with the Board of Pardons and Parole in a timely manner.
(2)
The department may in the course of supervising probationers and parolees:
(a)
respond to an individual's violation of one or more terms of the probation or parole in 
accordance with the graduated and evidence-based processes established by the adult 
sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
; and
(b)
upon approval by the court or the Board of Pardons and Parole, impose as a sanction 
for an individual's violation of the terms of probation or parole a period of 
incarceration of not more than three consecutive days and not more than a total of 
five days within a period of 30 days.
(3)
(a)
By following the procedures in Subsection (3)(b), the department may investigate 
the following occurrences at state correctional facilities:
(i)
criminal conduct of departmental employees;
(ii)
felony crimes resulting in serious bodily injury;
(iii)
death of any person; or
(iv)
aggravated kidnaping.
(b)
Before investigating any occurrence specified in Subsection (3)(a), the department 
shall:
(i)
notify the sheriff or other appropriate law enforcement agency promptly after 
ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) 
has occurred; and
(ii)
obtain consent of the sheriff or other appropriate law enforcement agency to 
conduct an investigation involving an occurrence specified in Subsection (3)(a).
(4)
Upon request, the department shall provide copies of investigative reports of criminal 
conduct to the sheriff or other appropriate law enforcement agencies.
(5)
(a)
The executive director of the department, or the executive director's designee if 
the designee possesses expertise in correctional programming, shall consult at least 
annually with cognitive and career-readiness staff experts from the Utah system of 
higher education and the State Board of Education to review the department's 
evidence-based and evidence-informed treatment and program opportunities.
(b)
Beginning in the 2022 interim, the department shall provide an annual report to the 
Law Enforcement and Criminal Justice Interim Committee regarding:
(i)
the department's implementation of and offender participation in evidence-based 
and evidence-informed treatment and program opportunities designed to reduce 
the criminogenic and recidivism risks of offenders over time; and
(ii)
the progress of the department's implementation of the inmate program 
requirements described in Section 
64-13-50
.
(6)
(a)
As used in this Subsection (6):
(i)
"Accounts receivable" means any amount owed by an offender arising from a 
criminal judgment that has not been paid.
(ii)
"Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures, 
surcharges, costs, interest, penalties, restitution to victims, third-party claims, 
claims, reimbursement of a reward, and damages that an offender is ordered to 
pay.
(b)
The department shall collect and disburse, with any interest and any other costs 
assessed under Section 
64-13-21
, an accounts receivable for an offender during:
(i)
the parole period and any extension of that period in accordance with Subsection 
(6)(c); and
(ii)
the probation period for which the court orders supervised probation and any 
extension of that period by the department in accordance with Subsection 
77-18-105
(7).
(c)
(i)
If an offender has an unpaid balance of the offender's accounts receivable at the 
time that the offender's sentence expires or terminates, the department shall be 
referred to the sentencing court for the sentencing court to enter a civil judgment 
of restitution and a civil accounts receivable as described in Section 
77-18-114
.
(ii)
If the board makes an order for restitution within 60 days from the day on which 
the offender's sentence expires or terminates, the board shall refer the order for 
restitution to the sentencing court to be entered as a civil judgment of restitution as 
described in Section 
77-18-114
.
(d)
This Subsection (6) only applies to offenders sentenced before July 1, 2021.
(7)
(a)
The department may procure or adopt technology services to facilitate the 
coordination of services and enhance accountability with agencies, local partners, and 
community-based organizations that are involved with assisting individuals on 
probation or parole.
(b)
If possible, the technology services described in Subsection 
(7)(a)
 shall:
(i)
maintain a single, secure client record with a unique identifier to ensure seamless 
coordination and reduce duplication of services;
(ii)
notify authorized users of incoming service requests or referrals;
(iii)
provide secure access to information necessary to understanding and addressing 
the needs of an individual, including the individual's service and care history;
(iv)
allow authorized users to exchange information with referring or collaborating 
organizations through a secure and live chat feature; and
(v)
send and track individual referrals, store referral outcomes, and document 
services provided.
Section 6, Section 
64-13h-101
 is enacted to read:
13h. REHABILITATION AND REENTRY SERVICES
64-13h-101 (Effective upon governor's approval). Definitions.
As used in this chapter:
(1)
"Department" means the Department of Corrections.
(2)
"Fund" means the Rehabilitation and Reentry Services Special Revenue Fund created in 
Section 64-13h-102.
(3)
"Offender" means the same as that term is defined in Section 
64-13-1
.
Section 7, Section 
64-13h-102
 is enacted to read:
64-13h-102 (Effective upon governor's approval). Creation of Rehabilitation and 
Reentry Services Special Revenue Fund.
(1)
There is created a special revenue fund known as the Rehabilitation and Reentry 
Services Special Revenue Fund.
(2)
The fund includes:
(a)
private donations, grants, gifts, bequests, or money made available from any other 
source to implement this section and Section 
64-13h-103
; and
(b)
any interest earned on the fund.
(3)
The department shall administer the fund for the purposes described in Section 
64-13h-103
.
(4)
Upon appropriation by the Legislature, the department shall use money in the fund as 
described in Section 
64-13h-103
.
Section 8, Section 
64-13h-103
 is enacted to read:
64-13h-103 (Effective upon governor's approval). Uses of Rehabilitation and 
Reentry Services Special Revenue Fund.
(1)
Money in the fund shall be used to provide direct services to offenders that will increase 
the likelihood of successful reintegration into the general public and decrease the 
likelihood of recidivism, which may include:
(a)
educational services;
(b)
job skills training;
(c)
life skills training;
(d)
apprenticeships;
(e)
job placement assistance;
(f)
assistance with affordable housing or supervised or transitional housing services;
(g)
substance use treatment, mental health services, or physical health services; or
(h)
case worker access, before or after leaving incarceration.
(2)
The department may expend money from the fund to offset actual department expenses 
related to administering this section.
Section 9. 
FY 2026 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1, 
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for 
fiscal year 2026. 
Subsection 9(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the 
Legislature appropriates the following sums of money from the funds or accounts indicated for 
the use and support of the government of the state of Utah.
Criminal Justice
Utah Department of Corrections
ITEM 1
Utah Department of Corrections - Re-Entry and Rehabilitation
From Rehabilitation and Reentry Services Special 
Revenue Fund, One-time
2,000,000
Re-Entry
2,000,000
Section 10. 
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), May 7, 2025; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
2-25-25 8:21 AM