H.B. 296 - Recovery Residence Services Amendments

← All votes
Bill

Recovery Residence Services Amendments
Number: H.B. 296 (2025GS)
Sponsor: Rep. Kyle, Jason B.
Final action: Governor Signed 3/19/2025
Outcome: Became law — signed by Gov. Spencer J. Cox
Summary

This bill addresses residential programs and services.
What it does

This bill:
modifies definitions;
delineates residential recovery services from residential vocational or life skills programs;
removes an application requirement for residential vocational or life skills programs; and
makes technical and conforming changes.
Every vote on this bill

2/10/2025House Comm - Favorable Recommendation
House Health and Human Services Committee
9-0-5not eligible / no record
2/19/2025House/ passed 3rd reading
Senate Secretary
65-0-10YEA
2/25/2025Senate Comm - Favorable Recommendation
Senate Health and Human Services Committee
3-1-3not eligible / no record
3/7/2025Senate/ passed 2nd & 3rd readings/ suspension
Senate President
27-0-2not eligible / no record
Bill text

enrolled version · official source
63
13-2-1
13-53-101
13-53-102
13-53-103
13-53-104
13-53-105
13-53-106
13-53-107
13-53-108
13-53-109
13-53-110
13-53-111
26B-2-101
26B-5-102
63M-7-204
64-13-21
76-3-402
0
Recovery Residence Services Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason B. Kyle
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill addresses residential programs and services.
Highlighted Provisions:
This bill:
modifies definitions;
delineates residential recovery services from residential vocational or life skills programs;
removes an application requirement for residential vocational or life skills programs; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-2-1
, as last amended by Laws of Utah 2024, Chapter 132
13-53-101
, as enacted by Laws of Utah 2018, Chapter 252
13-53-102
, as last amended by Laws of Utah 2023, Chapter 458
13-53-103
, as enacted by Laws of Utah 2018, Chapter 252
13-53-104
, as enacted by Laws of Utah 2018, Chapter 252
13-53-105
, as enacted by Laws of Utah 2018, Chapter 252
13-53-106
, as enacted by Laws of Utah 2018, Chapter 252
13-53-107
, as last amended by Laws of Utah 2019, Chapter 349
13-53-108
, as enacted by Laws of Utah 2018, Chapter 252
13-53-109
, as enacted by Laws of Utah 2018, Chapter 252
13-53-110
, as enacted by Laws of Utah 2018, Chapter 252
13-53-111
, as last amended by Laws of Utah 2023, Chapter 177
26B-2-101
, as last amended by Laws of Utah 2024, Chapters 240, 267, 307, and 438
26B-5-102
, as last amended by Laws of Utah 2024, Chapters 250, 420
63M-7-204
, as last amended by Laws of Utah 2024, Chapter 345
64-13-21
, as last amended by Laws of Utah 2024, Chapters 208, 434
76-3-402
, as last amended by Laws of Utah 2024, Chapter 234
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-2-1
 is amended to read:
13-2-1
. Consumer protection division established -- Functions.
(1)
There is established within the Department of Commerce the Division of Consumer 
Protection.
(2)
The division shall administer and enforce the following:
(a)
Chapter 10a, Music Licensing Practices Act;
(b)
Chapter 11, Utah Consumer Sales Practices Act;
(c)
Chapter 15, Business Opportunity Disclosure Act;
(d)
Chapter 20, New Motor Vehicle Warranties Act;
(e)
Chapter 21, Credit Services Organizations Act;
(f)
Chapter 22, Charitable Solicitations Act;
(g)
Chapter 23, Health Spa Services Protection Act;
(h)
Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)
Chapter 26, Telephone Fraud Prevention Act;
(j)
Chapter 28, Prize Notices Regulation Act;
(k)
Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter 
Transaction Information Act;
(l)
Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)
Chapter 41, Price Controls During Emergencies Act;
(n)
Chapter 42, Uniform Debt-Management Services Act;
(o)
Chapter 49, Immigration Consultants Registration Act;
(p)
Chapter 51, Transportation Network Company Registration Act;
(q)
Chapter 52, Residential Solar Energy Disclosure Act;
(r)
Chapter 53, 
Residential, Vocational and Life Skills
Residential Vocational or Life 
Skills
 Program Act;
(s)
Chapter 54, Ticket Website Sales Act;
(t)
Chapter 56, Ticket Transferability Act;
(u)
Chapter 57, Maintenance Funding Practices Act;
(v)
Chapter 61, Utah Consumer Privacy Act;
(w)
Chapter 63, Utah Social Media Regulation Act;
(x)
(w)
Chapter 64, Vehicle Value Protection Agreement Act;
(y)
(x)
Chapter 65, Utah Commercial Email Act;
(z)
(y)
Chapter 67, Online Dating Safety Act; 
(aa)
(z)
Chapter 68, Lawyer Referral Consultants Registration Act;
(bb)
(aa)
Chapter 70, Automatic Renewal Contracts Act; and
(cc)
(bb)
Chapter 71, Utah Minor Protection in Social Media Act.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
division may make rules to establish:
(a)
a public list that identifies a person who:
(i)
violates a chapter described in Subsection (2);
(ii)
without proper legal justification, fails to comply with an order, subpoena, 
judgment, or other legal process issued by:
(A)
the division; or
(B)
a court of competent jurisdiction; or
(iii)
breaches a settlement agreement, stipulation, assurance of voluntary compliance, 
or similar instrument signed by the person and the division; and
(b)
a process by which a person may be removed from the list the division establishes as 
described in Subsection (3)(a).
Section 2, Section 
13-53-101
 is amended to read:
13-53-101
. Title.
This chapter is known as the 
"Residential, Vocational and Life Skills Program Act
"Residential Vocational or Life Skills Program Act
."
Section 3, Section 
13-53-102
 is amended to read:
13-53-102
. Definitions.
As used in this chapter:
(1)
"Division" means the Division of Consumer Protection.
(2)
"Human services program" means the same as that term is defined in Section 
26B-2-101
.
(3)
"Participant" means an individual who:
(a)
resides at a 
residential, vocational and life skills
residential vocational or life skills
program facility;
(b)
receives from the 
residential, vocational and life skills
residential vocational or life 
skills
 program:
(i)
vocational training; or
(ii)
life skills training; and
(c)
does not receive monetary compensation from the 
residential, vocational and life 
skills
residential vocational or life skills
 program.
(4)
"Postsecondary school" means the same as that term is defined in Section 
13-34-101
.
(5)
"
Residential, vocational and life skills
Residential vocational or life skills
 program" 
means a program that:
(a)
is operated by a nonprofit corporation, as defined in Section 
16-6a-102
;
(b)
does not accept local, state, or federal government funding, government grant 
money, or any other form of government assistance to operate or provide services or 
training;
(c)
operates on a mutually voluntary basis with each participant;
(d)
houses at a program facility in this state participants who are unrelated to an owner 
or a manager of the program facility without charging money for lodging, food, 
clothing, or training;
(e)
may house transitional graduates for a fee;
(f)
provides vocational training to participants;
(g)
(f)
provides 
vocational or 
life skills training to participants;
(h)
(g)
maintains a director or senior staff member at a program facility at all times 
when the facility is in use;
(i)
(h)
does not provide mental health services;
(j)
(i)
does not provide substance use disorder treatment;
(k)
(j)
does not accept payment from an insurance provider for a participant;
(l)
(k)
does not award a degree, diploma, or other educational credential commensurate 
with a degree or diploma;
(m)
(l)
does not hold itself out as a human services program; and
(n)
(m)
does not hold itself out as a postsecondary school.
(6)
"Transitional graduate" means an individual who:
(a)
graduated from a 
residential, vocational and life skills
residential vocational or life 
skills
 program;
(b)
continues to reside at the 
residential, vocational and life skills
residential vocational 
or life skills
 program facility; and
(c)
is employed by an entity not directly affiliated with the 
residential, vocational and 
life skills
residential vocational or life skills
 program.
(7)
"Vocational training entity" is a commercial entity where a participant receives 
vocational training.
Section 4, Section 
13-53-103
 is amended to read:
13-53-103
. Registration of a residential vocational or life skills program.
(1)
An owner or a manager of a 
residential, vocational and life skills
residential vocational 
or life skills
 program shall annually register the 
residential, vocational and life skills
residential vocational or life skills
 program with the division.
(2)
An application for registration shall be on a form approved by the division and shall 
require:
(a)
the name, address, telephone number, email address, website, and facsimile number, 
if any, of the nonprofit corporation operating the 
residential, vocational and life skills
residential vocational or life skills
 program;
(b)
the name and address of the registered agent of the corporation operating the 
residential, vocational and life skills
residential vocational or life skills
 program;
(c)
the name, address, telephone number, email address, website, and facsimile number, 
if any, of the 
residential, vocational and life skills
residential vocational or life skills
program;
(d)
the name and address of any entity that controls, is controlled by, or is affiliated with 
the 
residential, vocational and life skills
residential vocational or life skills
 program;
(e)
the name and residential address of any officer, director, manager, or administrator of 
the 
residential, vocational and life skills
residential vocational or life skills
 program;
(f)
the name, address, telephone number, email address, website, and facsimile number, 
if any, of any vocational training entity affiliated with the 
residential, vocational and 
life skills
residential vocational or life skills
 program;
(g)
a disclosure indicating whether any officer, director, or administrator of the 
residential, vocational and life skills
residential vocational or life skills
 program has 
been the subject of an administrative action by the division;
(h)
a disclosure indicating whether any officer, director, or administrator of the 
residential, vocational and life skills
residential vocational or life skills
 program has 
been convicted of a felony or a crime of moral turpitude within the previous 10 years;
(i)
if the organization is a charitable organization, as defined by Section 
13-22-2
, a copy 
of the charitable organization's registration or exemption;
(j)
(i)
financial information described in Subsection 
13-53-108(1)
;
(k)
(j)
proof of a commercial general liability and umbrella insurance policy providing 
at least a $1,000,000 per occurrence limit of liability;
(l)
(k)
a copy of the disclosure required under Section 
13-53-106
;
(m)
(l)
evidence that the applicant meets the description of a 
residential, vocational and 
life skills
residential vocational or life skills
 program under Subsection 
13-53-102(5)
; 
and
(n)
(m)
additional information that the division requires, as provided in administrative 
rule.
(3)
A 
residential, vocational and life skills
residential vocational or life skills
 program is 
registered on the day that the division issues the registration.
(4)
The division's issuance of a registration for a 
residential, vocational and life skills
residential vocational or life skills
 program does not constitute the state's or the 
division's endorsement or approval of the 
residential, vocational and life skills
residential vocational or life skills
 program.
(5)
An applicant for the registration of a 
residential, vocational and life skills
residential 
vocational or life skills
 program shall file a separate application and pay a separate 
application fee for each 
residential, vocational and life skills
residential vocational or 
life skills
 program location.
(6)
The division may make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, to implement the registration application process.
(7)
The division may set fees in accordance with Section 
63J-1-504
 for a 
residential, 
vocational and life skills
residential vocational or life skills
 program registration 
application.
Section 5, Section 
13-53-104
 is amended to read:
13-53-104
. Registration denial, suspension, or revocation.
(1)
In accordance with 
Chapter 2, Division of Consumer Protection
, and 
Title 63G, Chapter 
4, Administrative Procedures Act
, the division may initiate proceedings to deny, 
suspend, or revoke the registration of a 
residential, vocational and life skills
residential 
vocational or life skills
 program, if:
(a)
the entity holding the registration fails to meet the description of a 
residential, 
vocational and life skills
residential vocational or life skills
 program under 
Subsection 
13-53-102(5)
;
(b)
the operation of the 
residential, vocational and life skills
residential vocational or 
life skills
 program creates a serious risk to public safety or welfare;
(c)
the registration application or any supplemental information required by the division 
is incomplete, false, misleading, or filed in an untimely manner;
(d)
the 
residential, vocational and life skills
residential vocational or life skills
 program 
or an individual described in Subsection 
13-53-103(2)(e)
 causes or allows to occur a 
violation of any provision of municipal, state, or federal law, including an 
administrative rule made under this chapter;
(e)
(i)
an individual described in Subsection 
13-53-103(2)(e)
 is convicted of a felony 
or a crime of moral turpitude within the previous 10 years; and
(ii)
the 
residential, vocational and life skills
residential vocational or life skills
program does not have adequate controls to minimize associated risks to the 
participants of the 
residential, vocational and life skills
residential vocational or 
life skills
 program and to the public; or
(f)
the 
residential, vocational and life skills
residential vocational or life skills
 program 
fails to pay an administrative fine that the division lawfully imposes on the 
residential, vocational and life skills
residential vocational or life skills
 program.
(2)
The division may place reasonable limits upon a 
residential, vocational and life skills
residential vocational or life skills
 program's operations, if:
(a)
the division has reasonable concerns about the 
residential, vocational and life skills
residential vocational or life skills
 program's ability to comply with this chapter; and
(b)
the limitation is reasonably calculated to protect the interests of the public or the 
participants of the 
residential, vocational and life skills
residential vocational or life 
skills
 program.
(3)
When the demands of public safety permit, the division shall allow a 
residential, 
vocational and life skills
residential vocational or life skills
 program a reasonable 
amount of time to remedy a violation under this chapter before the division suspends or 
revokes a registration.
(4)
The division may require an individual described in Subsection 
13-53-103(2)(e)
 to 
submit to a criminal background check, at the individual's expense or the expense of the 
residential, vocational and life skills
residential vocational or life skills
 program.
Section 6, Section 
13-53-105
 is amended to read:
13-53-105
. Prohibited acts.
A 
residential, vocational and life skills
residential vocational or life skills
 program may 
not:
(1)
operate without a registration issued under Section 
13-53-103
;
(2)
utilize any behavioral intervention that is not peer-led or that uses the services of any 
professional or any person purporting to be a professional;
(3)
accept a participant before providing to the participant the disclosure described in 
Section 
13-53-106
; or
(4)
use physical force or permit the use of physical force.
Section 7, Section 
13-53-106
 is amended to read:
13-53-106
. Disclosure to participants.
(1)
Before accepting a participant, a 
residential, vocational and life skills
residential 
vocational or life skills
 program shall provide to the prospective participant a written 
disclosure.
(2)
The written disclosure shall include:
(a)
a statement that the program is a registered 
residential, vocational and life skills
residential vocational or life skills
 program, but that the 
residential, vocational and 
life skills
residential vocational or life skills
 program is not endorsed by the state or 
the division;
(b)
a statement that the prospective participant's continuation in the program is voluntary 
and that a participant may leave at any time;
(c)
the conditions under which a participant is removed from the 
residential, vocational 
and life skills
residential vocational or life skills
 program or required to leave a 
program facility;
(d)
a statement that the 
residential, vocational and life skills
residential vocational or 
life skills
 program will contact Adult Probation and Parole, if required by law; and
(e)
a description of:
(i)
the lodging, food, clothing, and other resources that are available to a participant;
(ii)
the nature and scope of the 
residential, vocational and life skills
residential 
vocational or life skills
 program, including any activities or work that a participant 
is required to perform;
(iii)
the scope and substance of peer-led activities;
(iv)
the types of vocational training available to a participant, including the 
limitations on availability;
(v)
the nature and extent of possible exposure to profanity, accusation, confrontation, 
nonphysical threats, or nonphysical corrective interaction;
(vi)
the terms of any prohibition from contact with a participant's family, friends, or 
associates; and
(vii)
any crimes committed within the previous two years at the 
residential, 
vocational and life skills
residential vocational or life skills
 program facility or at 
a vocational training entity affiliated with the 
residential, vocational and life skills
residential vocational or life skills
 program.
Section 8, Section 
13-53-107
 is amended to read:
13-53-107
. Participant screening.
(1)
A 
residential, vocational and life skills
residential vocational or life skills
 program 
shall interview and screen all prospective participants for medical prescriptions, physical 
and mental health history, and recent alcohol or drug use.
(2)
Unless an individual obtains a medical clearance from a physician or physician 
assistant, a 
residential, vocational and life skills
residential vocational or life skills
program may not have as a participant an individual who:
(a)
has a recent diagnosis of a mental, social, psychiatric, or psychological illness; or
(b)
has an active prescription for medication for a mental, social, psychiatric, or 
psychological illness.
(3)
A 
residential, vocational and life skills
residential vocational or life skills
 program may 
not admit a minor.
Section 9, Section 
13-53-108
 is amended to read:
13-53-108
. Financial requirements.
(1)
When applying for registration under Subsection 
13-53-103(2)
, an applicant shall 
demonstrate fiscal responsibility by providing evidence to the division that the 
residential, vocational and life skills
residential vocational or life skills
 program:
(a)
is financially sound; and
(b)
reasonably has the fiscal ability to fulfill commitments and obligations to the 
participants of the 
residential, vocational and life skills
residential vocational or life 
skills
 program.
(2)
Evidence acceptable to satisfy the requirement described in Subsection 
(1)
 includes:
(a)
for a 
residential, vocational and life skills
residential vocational or life skills
program that has been in operation less than one fiscal year:
(i)
pro forma financial statements until further information described in Subsection 
(2)(b)
 is available; and
(ii)
a commercial credit report for the 
residential, vocational and life skills
residential vocational or life skills
 program; or
(b)
for a 
residential, vocational and life skills
residential vocational or life skills
program that has completed a fiscal year, and as soon as the 
residential, vocational 
and life skills
residential vocational or life skills
 program completes its first fiscal 
year:
(i)
a current financial statement, with all applicable footnotes, for the most recent 
fiscal year, including a balance sheet, a statement of income, a statement of 
retained earnings, and a statement of cash flow; and
(ii)
a certified fiscal audit of the 
residential, vocational and life skills
residential 
vocational or life skills
 program's financial statement, performed by a certified or 
licensed public accountant.
(3)
In evaluating a 
residential, vocational and life skills
residential vocational or life skills
program's fiscal responsibility, the division may consider:
(a)
any judgment, tax lien, collection action, bankruptcy schedule, or history of late 
payments to creditors;
(b)
documentation showing the resolution of a matter described in Subsection 
(3)(a)
;
(c)
the 
residential, vocational and life skills
residential vocational or life skills
program's explanation for a matter described in Subsection 
(3)(a)
;
(d)
a guarantee agreement provided for the 
residential, vocational and life skills
residential vocational or life skills
 program; and
(e)
history of a prior entity that:
(i)
is owned or operated by any individual who is an officer, a director, or an 
administrator of the 
residential, vocational and life skills
residential vocational or 
life skills
 program; and
(ii)
has failed to maintain fiscal responsibility.
(4)
The division may require evidence of financial status at other times when it is in the best 
interest of the program participants to require the information.
(5)
The division may perform a fiscal audit of a 
residential, vocational and life skills
residential vocational or life skills
 program.
(6)
A 
residential, vocational and life skills
residential vocational or life skills
 program 
shall develop and maintain adequate internal controls for receipt, management, and 
disbursement of money that are reasonable in light of the 
residential, vocational and life 
skills
residential vocational or life skills
 program's organizational complexity.
Section 10, Section 
13-53-109
 is amended to read:
13-53-109
. Discontinuance of operations.
(1)
A 
residential, vocational and life skills
residential vocational or life skills
 program that 
is closing shall adopt a plan for the provision of food, shelter, and clothing for at least 30 
days from the date of closure to participants displaced by the closure.
(2)
At least 30 days before the day on which the 
residential, vocational and life skills
residential vocational or life skills
 program will close, the 
residential, vocational and 
life skills
residential vocational or life skills
 program shall provide written notice to the 
division of:
(a)
the intended date of closure; and
(b)
the plan described in Subsection 
(1)
.
Section 11, Section 
13-53-110
 is amended to read:
13-53-110
. Enforcement.
(1)
The division may investigate facilities and enforce this chapter under the authority 
described in 
Chapter 2, Division of Consumer Protection
.
(2)
To monitor the welfare of participants and transitional graduates, if any, and to monitor 
the safe operation of a 
residential, vocational and life skills
residential vocational or life 
skills
 program, the division shall:
(a)
annually perform an on-site inspection of a registered 
residential, vocational and life 
skills
residential vocational or life skills
 program;
(b)
refer each concern that the division identifies during the on-site inspection to the 
state or municipal entity responsible for the area of concern; and
(c)
coordinate with each relevant state and municipal entity to monitor the 
residential, 
vocational and life skills
residential vocational or life skills
 program's compliance 
with the entity's relevant health and safety regulations.
(3)
In addition to penalties established by this chapter and in addition to the enforcement 
authority described in 
Chapter 2, Division of Consumer Protection
, the division may:
(a)
issue a cease and desist order;
(b)
impose an administrative fine of up to $2,500 for each violation of this chapter; and
(c)
seek injunctive relief in a court of competent jurisdiction.
(4)
All money received from fines imposed under this section shall be deposited into the 
Consumer Protection Education and Training Fund, created in Section 
13-2-8
.
Section 12, Section 
13-53-111
 is amended to read:
13-53-111
. Recidivism reporting requirements.
(1)
On or before August 31 of each year, a 
residential, vocational and life skills
residential 
vocational or life skills
 program shall collect and report data on recidivism of 
participants to the State Commission on Criminal and Juvenile Justice.
(2)
The report described in Subsection 
(1)
 shall include the metrics and requirements 
described in Section 
63M-7-102
.
(3)
The State Commission on Criminal and Juvenile Justice shall include the information 
provided under this section in the report described in Subsection 
63M-7-204(1)(x)
.
Section 13, Section 
26B-2-101
 is amended to read:
26B-2-101
. Definitions.
As used in this part:
(1)
"Adoption services" means the same as that term is defined in Section 
80-2-801
.
(2)
"Adult day care" means nonresidential care and supervision:
(a)
for three or more adults for at least four but less than 24 hours a day; and
(b)
that meets the needs of functionally impaired adults through a comprehensive 
program that provides a variety of health, social, recreational, and related support 
services in a protective setting.
(3)
"Applicant" means a person that applies for an initial license or a license renewal under 
this part.
(4)
(a)
"Associated with the licensee" means that an individual is:
(i)
affiliated with a licensee as an owner, director, member of the governing body, 
employee, agent, provider of care, department contractor, or volunteer; or
(ii)
applying to become affiliated with a licensee in a capacity described in 
Subsection (4)(a)(i).
(b)
"Associated with the licensee" does not include:
(i)
service on the following bodies, unless that service includes direct access to a 
child or a vulnerable adult:
(A)
a local mental health authority described in Section 
17-43-301
;
(B)
a local substance abuse authority described in Section 
17-43-201
; or
(C)
a board of an organization operating under a contract to provide mental health 
or substance use programs, or services for the local mental health authority or 
substance abuse authority; or
(ii)
a guest or visitor whose access to a child or a vulnerable adult is directly 
supervised at all times.
(5)
(a)
"Boarding school" means a private school that:
(i)
uses a regionally accredited education program;
(ii)
provides a residence to the school's students:
(A)
for the purpose of enabling the school's students to attend classes at the 
school; and
(B)
as an ancillary service to educating the students at the school;
(iii)
has the primary purpose of providing the school's students with an education, as 
defined in Subsection (5)(b)(i); and
(iv)
(A)
does not provide the treatment or services described in Subsection (40)(a); 
or
(B)
provides the treatment or services described in Subsection (40)(a) on a limited 
basis, as described in Subsection (5)(b)(ii).
(b)
(i)
For purposes of Subsection (5)(a)(iii), "education" means a course of study for 
one or more grades from kindergarten through grade 12.
(ii)
For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment 
or services described in Subsection (40)(a) on a limited basis if:
(A)
the treatment or services described in Subsection (40)(a) are provided only as 
an incidental service to a student; and
(B)
the school does not:
(I)
specifically solicit a student for the purpose of providing the treatment or 
services described in Subsection (40)(a); or
(II)
have a primary purpose of providing the treatment or services described in 
Subsection (40)(a).
(c)
"Boarding school" does not include a therapeutic school.
(6)
"Certification" means a less restrictive level of licensure issued by the department.
(7)
"Child" means an individual under 18 years old.
(8)
"Child placing" means receiving, accepting, or providing custody or care for any child, 
temporarily or permanently, for the purpose of:
(a)
finding a person to adopt the child;
(b)
placing the child in a home for adoption; or
(c)
foster home placement.
(9)
"Child-placing agency" means a person that engages in child placing.
(10)
"Client" means an individual who receives or has received services from a licensee.
(11)
(a)
"Congregate care program" means any of the following that provide services to a 
child:
(i)
an outdoor youth program;
(ii)
a residential support program;
(iii)
a residential treatment program; or
(iv)
a therapeutic school.
(b)
"Congregate care program" does not include a human services program that:
(i)
is licensed to serve adults; and
(ii)
is approved by the office to service a child for a limited time.
(12)
"Day treatment" means specialized treatment that is provided to:
(a)
a client less than 24 hours a day; and
(b)
four or more persons who:
(i)
are unrelated to the owner or provider; and
(ii)
have emotional, psychological, developmental, physical, or behavioral 
dysfunctions, impairments, or chemical dependencies.
(13)
"Department contractor" means an individual who:
(a)
provides services under a contract with the department; and
(b)
due to the contract with the department, has or will likely have direct access to a 
child or vulnerable adult.
(14)
"Direct access" means that an individual has, or likely will have:
(a)
contact with or access to a child or vulnerable adult that provides the individual with 
an opportunity for personal communication or touch; or
(b)
an opportunity to view medical, financial, or other confidential personal identifying 
information of the child, the child's parents or legal guardians, or the vulnerable adult.
(15)
"Directly supervised" means that an individual is being supervised under the 
uninterrupted visual and auditory surveillance of another individual who has a current 
background check approval issued by the office.
(16)
"Director" means the director of the office.
(17)
"Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(18)
"Domestic violence treatment program" means a nonresidential program designed to 
provide psychological treatment and educational services to perpetrators and victims of 
domestic violence.
(19)
"Elder adult" means a person 65 years old or older.
(20)
"Emergency safety intervention" means a tactic used to protect staff or a client from 
being physically injured, utilized by an appropriately trained direct care staff and only 
performed in accordance with a nationally or regionally recognized curriculum in the 
least restrictive manner to restore staff or client safety.
(21)
"Foster home" means a residence that is licensed or certified by the office for the 
full-time substitute care of a child.
(22)
"Health benefit plan" means the same as that term is defined in Section 
31A-22-634
.
(23)
"Health care provider" means the same as that term is defined in Section 
78B-3-403
.
(24)
"Health insurer" means the same as that term is defined in Section 
31A-22-615.5
.
(25)
(a)
"Human services program" means:
(i)
a foster home;
(ii)
a therapeutic school;
(iii)
a youth program;
(iv)
an outdoor youth program;
(v)
a residential treatment program;
(vi)
a residential support program;
(vii)
a resource family home;
(viii)
a recovery residence; or
(ix)
a facility or program that provides:
(A)
adult day care;
(B)
day treatment;
(C)
outpatient treatment;
(D)
domestic violence treatment;
(E)
child-placing services;
(F)
social detoxification; or
(G)
any other human services that are required by contract with the department to 
be licensed with the department.
(b)
"Human services program" does not include:
(i)
a boarding school;
(ii)
a 
residential, vocational and life
residential vocational or life
 skills program, as 
defined in Section 
13-53-102
; or
(iii)
a short-term relief care provider.
(26)
"Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(27)
"Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
(28)
"Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(29)
"Intermediate secure treatment" means 24-hour specialized residential treatment or 
care for an individual who:
(a)
cannot live independently or in a less restrictive environment; and
(b)
requires, without the individual's consent or control, the use of locked doors to care 
for the individual.
(30)
"Licensee" means an individual or a human services program licensed by the office.
(31)
"Local government" means a city, town, or county.
(32)
"Minor" means child.
(33)
"Office" means the Office of Licensing within the department.
(34)
"Outdoor youth program" means a program that provides:
(a)
services to a child that has:
(i)
a chemical dependency; or
(ii)
a dysfunction or impairment that is emotional, psychological, developmental, 
physical, or behavioral;
(b)
a 24-hour outdoor group living environment; and
(c)
(i)
regular therapy, including group, individual, or supportive family therapy; or
(ii)
informal therapy or similar services, including wilderness therapy, adventure 
therapy, or outdoor behavioral healthcare.
(35)
"Outpatient treatment" means individual, family, or group therapy or counseling 
designed to improve and enhance social or psychological functioning for those whose 
physical and emotional status allows them to continue functioning in their usual living 
environment.
(36)
"Practice group" or "group practice" means two or more health care providers legally 
organized as a partnership, professional corporation, or similar association, for which:
(a)
substantially all of the services of the health care providers who are members of the 
group are provided through the group and are billed in the name of the group and 
amounts received are treated as receipts of the group; and
(b)
the overhead expenses of and the income from the practice are distributed in 
accordance with methods previously determined by members of the group.
(37)
"Private-placement child" means a child whose parent or guardian enters into a 
contract with a congregate care program for the child to receive services.
(38)
(a)
"Recovery residence" means a home, residence, or facility that meets at least two 
of the following requirements:
(i)
provides a supervised living environment for individuals recovering from a 
substance use disorder;
(ii)
provides a living environment in which more than half of the individuals in the 
residence are recovering from a substance use disorder;
(iii)
provides or arranges for residents to receive services related to the resident's 
recovery from a substance use disorder, either on or off site;
(iv)
is held out as a living environment in which individuals recovering from 
substance abuse disorders live together to encourage continued sobriety; or
(v)
(A)
receives public funding; or
(B)
is run as a business venture, either for-profit or not-for-profit.
(b)
"Recovery residence" does not mean:
(i)
a residential treatment program;
(ii)
residential support program; 
(iii)
a residential vocational or life skills program; 
or
(iii)
(iv)
a home, residence, or facility, in which:
(A)
residents, by a majority vote of the residents, establish, implement, and 
enforce policies governing the living environment, including the manner in 
which applications for residence are approved and the manner in which 
residents are expelled;
(B)
residents equitably share rent and housing-related expenses; and
(C)
a landlord, owner, or operator does not receive compensation, other than fair 
market rental income, for establishing, implementing, or enforcing policies 
governing the living environment.
(39)
"Regular business hours" means:
(a)
the hours during which services of any kind are provided to a client; or
(b)
the hours during which a client is present at the facility of a licensee.
(40)
(a)
"Residential support program" means a program that arranges for or provides the 
necessities of life as a protective service to individuals or families who have a 
disability or who are experiencing a dislocation or emergency that prevents them 
from providing these services for themselves or their families.
(b)
"Residential support program" includes a program that provides a supervised living 
environment for individuals with dysfunctions or impairments that are:
(i)
emotional;
(ii)
psychological;
(iii)
developmental; or
(iv)
behavioral.
(c)
Treatment is not a necessary component of a residential support program.
(d)
"Residential support program" does not include:
(i)
a recovery residence; or
(ii)
a program that provides residential services that are performed:
(A)
exclusively under contract with the department and provided to individuals 
through the Division of Services for People with Disabilities; or
(B)
in a facility that serves fewer than four individuals.
(41)
(a)
"Residential treatment" means a 24-hour group living environment for four or 
more individuals unrelated to the owner or provider that offers room or board and 
specialized treatment, behavior modification, rehabilitation, discipline, emotional 
growth, or habilitation services for persons with emotional, psychological, 
developmental, or behavioral dysfunctions, impairments, or chemical dependencies.
(b)
"Residential treatment" does not include a:
(i)
boarding school;
(ii)
foster home; or
(iii)
recovery residence.
(42)
"Residential treatment program" means a program or facility that provides:
(a)
residential treatment; or
(b)
intermediate secure treatment.
(43)
"Seclusion" means the involuntary confinement of an individual in a room or an area:
(a)
away from the individual's peers; and
(b)
in a manner that physically prevents the individual from leaving the room or area.
(44)
"Short-term relief care provider" means an individual who:
(a)
provides short-term and temporary relief care to a foster parent:
(i)
for less than six consecutive nights; and
(ii)
in the short-term relief care provider's home;
(b)
is an immediate family member or relative, as those terms are defined in Section 
80-3-102
, of the foster parent;
(c)
is direct access qualified, as that term is defined in Section 
26B-2-120
;
(d)
has been approved to provide short-term relief care by the department;
(e)
is not reimbursed by the department for the temporary relief care provided; and
(f)
is not an immediate family member or relative, as those terms are defined in Section 
80-3-102
, of the foster child.
(45)
"Social detoxification" means short-term residential services for persons who are 
experiencing or have recently experienced drug or alcohol intoxication, that are provided 
outside of a health care facility licensed under Part 2, Health Care Facility Licensing and 
Inspection, and that include:
(a)
room and board for persons who are unrelated to the owner or manager of the facility;
(b)
specialized rehabilitation to acquire sobriety; and
(c)
aftercare services.
(46)
"Substance abuse disorder" or "substance use disorder" mean the same as "substance 
use disorder" is defined in Section 
26B-5-501
.
(47)
"Substance abuse treatment program" or "substance use disorder treatment program" 
means a program:
(a)
designed to provide:
(i)
specialized drug or alcohol treatment;
(ii)
rehabilitation; or
(iii)
habilitation services; and
(b)
that provides the treatment or services described in Subsection (47)(a) to persons 
with:
(i)
a diagnosed substance use disorder; or
(ii)
chemical dependency disorder.
(48)
"Therapeutic school" means a residential group living facility:
(a)
for four or more individuals that are not related to:
(i)
the owner of the facility; or
(ii)
the primary service provider of the facility;
(b)
that serves students who have a history of failing to function:
(i)
at home;
(ii)
in a public school; or
(iii)
in a nonresidential private school; and
(c)
that offers:
(i)
room and board; and
(ii)
an academic education integrated with:
(A)
specialized structure and supervision; or
(B)
services or treatment related to:
(I)
a disability;
(II)
emotional development;
(III)
behavioral development;
(IV)
familial development; or
(V)
social development.
(49)
"Unrelated persons" means persons other than parents, legal guardians, grandparents, 
brothers, sisters, uncles, or aunts.
(50)
"Vulnerable adult" means an elder adult or an adult who has a temporary or permanent 
mental or physical impairment that substantially affects the person's ability to:
(a)
provide personal protection;
(b)
provide necessities such as food, shelter, clothing, or mental or other health care;
(c)
obtain services necessary for health, safety, or welfare;
(d)
carry out the activities of daily living;
(e)
manage the adult's own resources; or
(f)
comprehend the nature and consequences of remaining in a situation of abuse, 
neglect, or exploitation.
(51)
(a)
"Youth program" means a program designed to provide behavioral, substance 
use, or mental health services to minors that:
(i)
serves adjudicated or nonadjudicated youth;
(ii)
charges a fee for the program's services;
(iii)
may provide host homes or other arrangements for overnight accommodation of 
the youth;
(iv)
may provide all or part of the program's services in the outdoors;
(v)
may limit or censor access to parents or guardians; and
(vi)
prohibits or restricts a minor's ability to leave the program at any time of the 
minor's own free will.
(b)
"Youth program" does not include recreational programs such as Boy Scouts, Girl 
Scouts, 4-H, and other such organizations.
(52)
(a)
"Youth transportation company" means any person that transports a child for 
payment to or from a congregate care program in Utah.
(b)
"Youth transportation company" does not include:
(i)
a relative of the child;
(ii)
a state agency; or
(iii)
a congregate care program's employee who transports the child from the 
congregate care program that employs the employee and returns the child to the 
same congregate care program.
Section 14, Section 
26B-5-102
 is amended to read:
26B-5-102
. Division of Integrated Healthcare -- Office of Substance Use and 
Mental Health -- Creation -- Responsibilities.
(1)
(a)
The Division of Integrated Healthcare shall exercise responsibility over the 
policymaking functions, regulatory and enforcement powers, rights, duties, and 
responsibilities outlined in state law that were previously vested in the Division of 
Substance Abuse and Mental Health within the department, under the administration 
and general supervision of the executive director.
(b)
The division is the substance abuse authority and the mental health authority for this 
state.
(c)
There is created the Office of Substance Use and Mental Health within the division.
(d)
The office shall exercise the responsibilities, powers, rights, duties, and 
responsibilities assigned to the office by the executive director.
(2)
The division shall:
(a)
(i)
educate the general public regarding the nature and consequences of substance 
use by promoting school and community-based prevention programs;
(ii)
render support and assistance to public schools through approved school-based 
substance abuse education programs aimed at prevention of substance use;
(iii)
promote or establish programs for the prevention of substance use within the 
community setting through community-based prevention programs;
(iv)
cooperate with and assist treatment centers, recovery residences, and other 
organizations that provide services to individuals recovering from a substance use 
disorder, by identifying and disseminating information about effective practices 
and programs;
(v)
promote integrated programs that address an individual's substance use, mental 
health, and physical health;
(vi)
establish and promote an evidence-based continuum of screening, assessment, 
prevention, treatment, and recovery support services in the community for 
individuals with a substance use disorder or mental illness;
(vii)
evaluate the effectiveness of programs described in this Subsection (2);
(viii)
consider the impact of the programs described in this Subsection (2) on:
(A)
emergency department utilization;
(B)
jail and prison populations;
(C)
the homeless population; and
(D)
the child welfare system; and
(ix)
promote or establish programs for education and certification of instructors to 
educate individuals convicted of driving under the influence of alcohol or drugs or 
driving with any measurable controlled substance in the body;
(b)
(i)
collect and disseminate information pertaining to mental health;
(ii)
provide direction over the state hospital including approval of the state hospital's 
budget, administrative policy, and coordination of services with local service 
plans;
(iii)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to educate families concerning mental illness and promote 
family involvement, when appropriate, and with patient consent, in the treatment 
program of a family member; 
(iv)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to direct that an individual receiving services through a local 
mental health authority or the Utah State Hospital be informed about and, if 
desired by the individual, provided assistance in the completion of a declaration 
for mental health treatment in accordance with Section 
26B-5-313
; and
(v)
to the extent authorized and in accordance with statute, make rules in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(A)
create a certification for targeted case management;
(B)
establish training and certification requirements;
(C)
specify the types of services each certificate holder is qualified to provide;
(D)
specify the type of supervision under which a certificate holder is required to 
operate; and
(E)
specify continuing education and other requirements for maintaining or 
renewing certification;
(c)
(i)
consult and coordinate with local substance abuse authorities and local mental 
health authorities regarding programs and services;
(ii)
provide consultation and other assistance to public and private agencies and 
groups working on substance use and mental health issues;
(iii)
promote and establish cooperative relationships with courts, hospitals, clinics, 
medical and social agencies, public health authorities, law enforcement agencies, 
education and research organizations, and other related groups;
(iv)
promote or conduct research on substance use and mental health issues, and 
submit to the governor and the Legislature recommendations for changes in policy 
and legislation;
(v)
receive, distribute, and provide direction over public funds for substance use and 
mental health services;
(vi)
monitor and evaluate programs provided by local substance abuse authorities and 
local mental health authorities;
(vii)
examine expenditures of local, state, and federal funds;
(viii)
monitor the expenditure of public funds by:
(A)
local substance abuse authorities;
(B)
local mental health authorities; and
(C)
in counties where they exist, a private contract provider that has an annual or 
otherwise ongoing contract to provide comprehensive substance abuse or 
mental health programs or services for the local substance abuse authority or 
local mental health authority;
(ix)
contract with local substance abuse authorities and local mental health authorities 
to provide a comprehensive continuum of services that include community-based 
services for individuals involved in the criminal justice system, in accordance with 
division policy, contract provisions, and the local plan;
(x)
contract with private and public entities for special statewide or nonclinical 
services, or services for individuals involved in the criminal justice system, 
according to division rules;
(xi)
review and approve each local substance abuse authority's plan and each local 
mental health authority's plan in order to ensure:
(A)
a statewide comprehensive continuum of substance use services;
(B)
a statewide comprehensive continuum of mental health services;
(C)
services result in improved overall health and functioning;
(D)
a statewide comprehensive continuum of community-based services designed 
to reduce criminal risk factors for individuals who are determined to have 
substance use or mental illness conditions or both, and who are involved in the 
criminal justice system;
(E)
compliance, where appropriate, with the certification requirements in 
Subsection (2)(h); and
(F)
appropriate expenditure of public funds;
(xii)
review and make recommendations regarding each local substance abuse 
authority's contract with the local substance abuse authority's provider of 
substance use programs and services and each local mental health authority's 
contract with the local mental health authority's provider of mental health 
programs and services to ensure compliance with state and federal law and policy;
(xiii)
monitor and ensure compliance with division rules and contract requirements; 
and
(xiv)
withhold funds from local substance abuse authorities, local mental health 
authorities, and public and private providers for contract noncompliance, failure to 
comply with division directives regarding the use of public funds, or for misuse of 
public funds or money;
(d)
ensure that the requirements of this part are met and applied uniformly by local 
substance abuse authorities and local mental health authorities across the state;
(e)
require each local substance abuse authority and each local mental health authority, 
in accordance with Subsections 
17-43-201
(5)(b) and 
17-43-301
(6)(a)(ii), to submit a 
plan to the division on or before May 15 of each year;
(f)
conduct an annual program audit and review of each local substance abuse authority 
and each local substance abuse authority's contract provider, and each local mental 
health authority and each local mental health authority's contract provider, including:
(i)
a review and determination regarding whether:
(A)
public funds allocated to the local substance abuse authority or the local 
mental health authorities are consistent with services rendered by the authority 
or the authority's contract provider, and with outcomes reported by the 
authority's contract provider; and
(B)
each local substance abuse authority and each local mental health authority is 
exercising sufficient oversight and control over public funds allocated for 
substance use disorder and mental health programs and services; and
(ii)
items determined by the division to be necessary and appropriate;
(g)
define "prevention" by rule as required under Title 32B, Chapter 2, Part 4, Alcoholic 
Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
(h)
(i)
train and certify an adult as a peer support specialist, qualified to provide peer 
supports services to an individual with:
(A)
a substance use disorder;
(B)
a mental health disorder; or
(C)
a substance use disorder and a mental health disorder;
(ii)
certify a person to carry out, as needed, the division's duty to train and certify an 
adult as a peer support specialist;
(iii)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that:
(A)
establish training and certification requirements for a peer support specialist;
(B)
specify the types of services a peer support specialist is qualified to provide;
(C)
specify the type of supervision under which a peer support specialist is 
required to operate; and
(D)
specify continuing education and other requirements for maintaining or 
renewing certification as a peer support specialist; and
(iv)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that:
(A)
establish the requirements for a person to be certified to carry out, as needed, 
the division's duty to train and certify an adult as a peer support specialist; and
(B)
specify how the division shall provide oversight of a person certified to train 
and certify a peer support specialist;
(i)
collaborate with the State Commission on Criminal and Juvenile Justice to analyze 
and provide recommendations to the Legislature regarding:
(i)
pretrial services and the resources needed to reduce recidivism;
(ii)
county jail and county behavioral health early-assessment resources needed for an 
individual convicted of a class A or class B misdemeanor; and
(iii)
the replacement of federal dollars associated with drug interdiction law 
enforcement task forces that are reduced;
(j)
establish performance goals and outcome measurements for a mental health or 
substance use treatment program that is licensed under Chapter 2, Part 1, Human 
Services Programs and Facilities, and contracts with the department, including goals 
and measurements related to employment and reducing recidivism of individuals 
receiving mental health or substance use treatment who are involved with the 
criminal justice system;
(k)
annually, on or before November 30, submit a written report to the Judiciary Interim 
Committee, the Health and Human Services Interim Committee, and the Law 
Enforcement and Criminal Justice Interim Committee, that includes:
(i)
a description of the performance goals and outcome measurements described in 
Subsection (2)(j); and
(ii)
information on the effectiveness of the goals and measurements in ensuring 
appropriate and adequate mental health or substance use treatment is provided in a 
treatment program described in Subsection (2)(j);
(l)
collaborate with the Administrative Office of the Courts, the Department of 
Corrections, the Department of Workforce Services, and the Board of Pardons and 
Parole to collect data on recidivism in accordance with the metrics and requirements 
described in Section 
63M-7-102
;
(m)
at the division's discretion, use the data described in Subsection (2)(l) to make 
decisions regarding the use of funds allocated to the division to provide treatment;
(n)
annually, on or before August 31, submit the data collected under Subsection (2)(l) 
and any recommendations to improve the data collection to the State Commission on 
Criminal and Juvenile Justice to be included in the report described in Subsection 
63M-7-204
(1)(x);
(o)
publish the following on the division's website:
(i)
the performance goals and outcome measurements described in Subsection (2)(j); 
and
(ii)
a description of the services provided and the contact information for the mental 
health and substance use treatment programs described in Subsection (2)(j) and 
residential, vocational and life skills
residential vocational or life skills
 programs, 
as defined in Section 
13-53-102
; and
(p)
consult and coordinate with the Division of Child and Family Services to develop 
and manage the operation of a program designed to reduce substance use during 
pregnancy and by parents of a newborn child that includes:
(i)
providing education and resources to health care providers and individuals in the 
state regarding prevention of substance use during pregnancy;
(ii)
providing training to health care providers in the state regarding screening of a 
pregnant woman or pregnant minor to identify a substance use disorder; and
(iii)
providing referrals to pregnant women, pregnant minors, or parents of a newborn 
child in need of substance use treatment services to a facility that has the capacity 
to provide the treatment services.
(3)
In addition to the responsibilities described in Subsection (2), the division shall, within 
funds appropriated by the Legislature for this purpose, implement and manage the 
operation of a firearm safety and suicide prevention program, in consultation with the 
Bureau of Criminal Identification created in Section 
53-10-201
, including:
(a)
coordinating with local mental health and substance abuse authorities, a nonprofit 
behavioral health advocacy group, and a representative from a Utah-based nonprofit 
organization with expertise in the field of firearm use and safety that represents 
firearm owners, to:
(i)
produce and periodically review and update a firearm safety brochure and other 
educational materials with information about the safe handling and use of firearms 
that includes:
(A)
information on safe handling, storage, and use of firearms in a home 
environment;
(B)
information about at-risk individuals and individuals who are legally 
prohibited from possessing firearms;
(C)
information about suicide prevention awareness; and
(D)
information about the availability of firearm safety packets;
(ii)
procure cable-style gun locks for distribution under this section;
(iii)
produce a firearm safety packet that includes the firearm safety brochure and the 
cable-style gun lock described in this Subsection (3); and
(iv)
create a suicide prevention education course that:
(A)
provides information for distribution regarding firearm safety education;
(B)
incorporates current information on how to recognize suicidal behaviors and 
identify individuals who may be suicidal; and
(C)
provides information regarding crisis intervention resources;
(b)
distributing, free of charge, the firearm safety packet to the following persons, who 
shall make the firearm safety packet available free of charge:
(i)
health care providers, including emergency rooms;
(ii)
mobile crisis outreach teams;
(iii)
mental health practitioners;
(iv)
other public health suicide prevention organizations;
(v)
entities that teach firearm safety courses;
(vi)
school districts for use in the seminar, described in Section 
53G-9-702
, for 
parents of students in the school district; and
(vii)
firearm dealers to be distributed in accordance with Section 
76-10-526
;
(c)
creating and administering a rebate program that includes a rebate that offers 
between $10 and $200 off the purchase price of a firearm safe from a participating 
firearms dealer or a person engaged in the business of selling firearm safes in Utah, 
by a Utah resident; and
(d)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
making rules that establish procedures for:
(i)
producing and distributing the suicide prevention education course and the firearm 
safety brochures and packets;
(ii)
procuring the cable-style gun locks for distribution; and
(iii)
administering the rebate program.
(4)
(a)
The division may refuse to contract with and may pursue legal remedies against 
any local substance abuse authority or local mental health authority that fails, or has 
failed, to expend public funds in accordance with state law, division policy, contract 
provisions, or directives issued in accordance with state law.
(b)
The division may withhold funds from a local substance abuse authority or local 
mental health authority if the authority's contract provider of substance use or mental 
health programs or services fails to comply with state and federal law or policy.
(5)
(a)
Before reissuing or renewing a contract with any local substance abuse authority 
or local mental health authority, the division shall review and determine whether the 
local substance abuse authority or local mental health authority is complying with the 
oversight and management responsibilities described in Sections 
17-43-201
, 
17-43-203
, 
17-43-303
, and 
17-43-309
.
(b)
Nothing in this Subsection (5) may be used as a defense to the responsibility and 
liability described in Section 
17-43-303
 and to the responsibility and liability 
described in Section 
17-43-203
.
(6)
In carrying out the division's duties and responsibilities, the division may not duplicate 
treatment or educational facilities that exist in other divisions or departments of the state, 
but shall work in conjunction with those divisions and departments in rendering the 
treatment or educational services that those divisions and departments are competent and 
able to provide.
(7)
The division may accept in the name of and on behalf of the state donations, gifts, 
devises, or bequests of real or personal property or services to be used as specified by 
the donor.
(8)
The division shall annually review with each local substance abuse authority and each 
local mental health authority the authority's statutory and contract responsibilities 
regarding:
(a)
use of public funds;
(b)
oversight of public funds; and
(c)
governance of substance use disorder and mental health programs and services.
(9)
The Legislature may refuse to appropriate funds to the division upon the division's 
failure to comply with the provisions of this part.
(10)
If a local substance abuse authority contacts the division under Subsection 
17-43-201
(10) for assistance in providing treatment services to a pregnant woman or pregnant 
minor, the division shall:
(a)
refer the pregnant woman or pregnant minor to a treatment facility that has the 
capacity to provide the treatment services; or
(b)
otherwise ensure that treatment services are made available to the pregnant woman 
or pregnant minor.
(11)
The division shall employ a school-based mental health specialist to be housed at the 
State Board of Education who shall work with the State Board of Education to:
(a)
provide coordination between a local education agency and local mental health 
authority;
(b)
recommend evidence-based and evidence informed mental health screenings and 
intervention assessments for a local education agency; and
(c)
coordinate with the local community, including local departments of health, to 
enhance and expand mental health related resources for a local education agency.
Section 15, Section 
63M-7-204
 is amended to read:
63M-7-204
. Duties of commission.
(1)
The commission shall:
(a)
promote the commission's purposes as enumerated in Section 
63M-7-201
;
(b)
promote the communication and coordination of all criminal and juvenile justice 
agencies;
(c)
study, evaluate, and report on the status of crime in the state and on the effectiveness 
of criminal justice policies, procedures, and programs that are directed toward the 
reduction of crime in the state;
(d)
study, evaluate, and report on programs initiated by state and local agencies to 
address reducing recidivism, including changes in penalties and sentencing 
guidelines intended to reduce recidivism, costs savings associated with the reduction 
in the number of inmates, and evaluation of expenses and resources needed to meet 
goals regarding the use of treatment as an alternative to incarceration, as resources 
allow;
(e)
study, evaluate, and report on policies, procedures, and programs of other 
jurisdictions which have effectively reduced crime;
(f)
identify and promote the implementation of specific policies and programs the 
commission determines will significantly reduce crime in Utah;
(g)
provide analysis and recommendations on all criminal and juvenile justice 
legislation, state budget, and facility requests, including program and fiscal impact on 
all components of the criminal and juvenile justice system;
(h)
provide analysis, accountability, recommendations, and supervision for state and 
federal criminal justice grant money;
(i)
provide public information on the criminal and juvenile justice system and give 
technical assistance to agencies or local units of government on methods to promote 
public awareness;
(j)
promote research and program evaluation as an integral part of the criminal and 
juvenile justice system;
(k)
provide a comprehensive criminal justice plan annually;
(l)
review agency forecasts regarding future demands on the criminal and juvenile 
justice systems, including specific projections for secure bed space;
(m)
promote the development of criminal and juvenile justice information systems that 
are consistent with common standards for data storage and are capable of 
appropriately sharing information with other criminal justice information systems by:
(i)
developing and maintaining common data standards for use by all state criminal 
justice agencies;
(ii)
annually performing audits of criminal history record information maintained by 
state criminal justice agencies to assess their accuracy, completeness, and 
adherence to standards;
(iii)
defining and developing state and local programs and projects associated with 
the improvement of information management for law enforcement and the 
administration of justice; and
(iv)
establishing general policies concerning criminal and juvenile justice information 
systems and making rules as necessary to carry out the duties under Subsection 
(1)(k) and this Subsection (1)(m);
(n)
allocate and administer grants, from money made available, for approved education 
programs to help prevent the sexual exploitation of children;
(o)
allocate and administer grants for law enforcement operations and programs related 
to reducing illegal drug activity and related criminal activity;
(p)
request, receive, and evaluate data and recommendations collected and reported by 
agencies and contractors related to policies recommended by the commission 
regarding recidivism reduction, including the data described in Section 
13-53-111
and Subsection 
26B-5-102
(2)(l);
(q)
establish and administer a performance incentive grant program that allocates funds 
appropriated by the Legislature to programs and practices implemented by counties 
that reduce recidivism and reduce the number of offenders per capita who are 
incarcerated;
(r)
oversee or designate an entity to oversee the implementation of juvenile justice 
reforms;
(s)
make rules and administer the juvenile holding room standards and juvenile jail 
standards to align with the Juvenile Justice and Delinquency Prevention Act 
requirements pursuant to 42 U.S.C. Sec. 5633;
(t)
allocate and administer grants, from money made available, for pilot qualifying 
education programs;
(u)
request, receive, and evaluate the aggregate data collected from prosecutorial 
agencies and the Administrative Office of the Courts, in accordance with Sections 
63M-7-216
 and 
78A-2-109.5
;
(v)
report annually to the Law Enforcement and Criminal Justice Interim Committee on 
the progress made on each of the following goals of the Justice Reinvestment 
Initiative:
(i)
ensuring oversight and accountability;
(ii)
supporting local corrections systems;
(iii)
improving and expanding reentry and treatment services; and
(iv)
strengthening probation and parole supervision;
(w)
compile a report of findings based on the data and recommendations provided under 
Section 
13-53-111
 and Subsection 
26B-5-102
(2)(n) that:
(i)
separates the data provided under Section 
13-53-111
 by each 
residential, 
vocational and life skills
residential vocational or life skills
 program; and
(ii)
separates the data provided under Subsection 
26B-5-102
(2)(n) by each mental 
health or substance use treatment program;
(x)
publish the report described in Subsection (1)(w) on the commission's website and 
annually provide the report to the Judiciary Interim Committee, the Health and 
Human Services Interim Committee, the Law Enforcement and Criminal Justice 
Interim Committee, and the related appropriations subcommittees;
(y)
receive, compile, and publish on the commission's website the data provided under:
(i)
Section 
53-25-202
;
(ii)
Section 
53-25-301
; and
(iii)
Section 
53-25-401
;
(z)
review, research, advise, and make recommendations to the three branches of 
government regarding evidence-based sex offense management policies and 
practices, including supervision standards, treatment standards, and the sex offender 
registry;
(aa)
receive and evaluate a referral from the Department of Public Safety received under 
Section 
53-21-104.3
 involving a denial of mental health resources to an eligible 
individual, including, if appropriate in the commission's discretion, deny the relevant 
entity from receiving any grant of state funds under Section 
63M-7-218
 for a 
specified period of time; and
(bb)
accept public comment.
(2)
(a)
The commission may designate an entity to perform the duties described in this 
part.
(b)
If the commission designates an entity under Subsection (2)(a), the commission shall 
ensure that the membership of the designated entity includes representation from 
relevant stakeholder groups from the parts of the justice system implicated in the 
policy area.
(3)
in fulfilling the commission's duties under Subsection (1), the commission may seek 
input and request assistance from groups with knowledge and expertise in criminal 
justice, including other boards and commissions affiliated or housed within the 
commission.
Section 16, Section 
64-13-21
 is amended to read:
64-13-21
. Supervision of sentenced offenders placed in community -- 
Rulemaking -- POST certified parole or probation officers and peace officers -- Duties -- 
Supervision fee.
(1)
(a)
The department, except as otherwise provided by law, shall supervise a sentenced 
offender placed in the community if the offender:
(i)
(A)
is placed on probation by a court;
(B)
is released on parole by the Board of Pardons and Parole; or
(C)
is accepted for supervision under the terms of the Interstate Compact for the 
Supervision of Parolees and Probationers; and
(ii)
has been convicted of:
(A)
a felony;
(B)
a class A misdemeanor when an element of the offense is the use or attempted 
use of physical force against an individual or property; or
(C)
notwithstanding Subsection (1)(a)(ii)(B), a class A misdemeanor if the 
department is ordered by a court to supervise the offender under Section 
77-18-105
.
(b)
If a sentenced offender participates in substance use treatment or a 
residential, 
vocational and life skills
residential vocational or life skills
 program, as defined in 
Section 
13-53-102
, while under supervision on probation or parole, the department 
shall monitor the offender's compliance with and completion of the treatment or 
program.
(c)
The department shall establish standards for:
(i)
the supervision of offenders in accordance with the adult sentencing and 
supervision length guidelines, as defined in Section 
63M-7-401.1
, giving priority, 
based on available resources, to felony offenders and offenders sentenced under 
Subsection 
58-37-8
 (2)(b)(ii); and
(ii)
the monitoring described in Subsection (1)(b).
(2)
The department shall apply the graduated and evidence-based responses established in 
the adult sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
, to facilitate a prompt and appropriate response to an individual's violation 
of the terms of probation or parole, including:
(a)
sanctions to be used in response to a violation of the terms of probation or parole; and
(b)
requesting approval from the court or Board of Pardons and Parole to impose a 
sanction for an individual's violation of the terms of probation or parole, for a period 
of incarceration of not more than three consecutive days and not more than a total of 
six days within a period of 30 days.
(3)
The department shall implement a program of graduated incentives as established in the 
adult sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
to facilitate the department's prompt and appropriate response to an offender's:
(a)
compliance with the terms of probation or parole; or
(b)
positive conduct that exceeds those terms.
(4)
(a)
The department shall, in collaboration with the State Commission on Criminal and 
Juvenile Justice and the Division of Substance Abuse and Mental Health, create 
standards and procedures for the collection of information, including cost savings 
related to recidivism reduction and the reduction in the number of inmates, related to 
the use of the graduated and evidence-based responses and graduated incentives, and 
offenders' outcomes.
(b)
The collected information shall be provided to the State Commission on Criminal 
and Juvenile Justice not less frequently than annually on or before August 31.
(5)
Employees of the department who are POST certified as law enforcement officers or 
correctional officers and who are designated as parole and probation officers by the 
executive director have the following duties:
(a)
monitoring, investigating, and supervising a parolee's or probationer's compliance 
with the conditions of the parole or probation agreement;
(b)
investigating or apprehending any offender who has escaped from the custody of the 
department or absconded from supervision;
(c)
supervising any offender during transportation; or
(d)
collecting DNA specimens when the specimens are required under Section 
53-10-404
.
(6)
(a)
(i)
A monthly supervision fee of $30 shall be collected from each offender on 
probation or parole.
(ii)
The fee described in Subsection (6)(a)(i) may be suspended or waived by the 
department upon a showing by the offender that imposition would create a 
substantial hardship or if the offender owes restitution to a victim.
(b)
(i)
The department shall make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, specifying the criteria for suspension or waiver 
of the supervision fee and the circumstances under which an offender may request 
a hearing.
(ii)
In determining whether the imposition of the supervision fee would constitute a 
substantial hardship, the department shall consider the financial resources of the 
offender and the burden that the fee would impose, with regard to the offender's 
other obligations.
(7)
(a)
For offenders placed on probation under Section 
77-18-105
 or parole under 
Subsection 
76-3-202
(2)(a) on or after October 1, 2015, but before January 1, 2019, 
the department shall establish a program allowing an offender to earn a reduction 
credit of 30 days from the offender's period of probation or parole for each month the 
offender complies with the terms of the offender's probation or parole agreement, 
including the case action plan.
(b)
(i)
For offenders placed on probation under Section 
77-18-105
 or parole under 
Section 
76-3-202
 on or after July 1, 2026, the department shall establish a 
program, consistent with the adult sentencing and supervision length guidelines, 
as defined in Section 
63M-7-401.1
, to provide incentives for an offender that 
maintains eligible employment, as defined in Section 
64-13g-101
.
(ii)
The program under Subsection (7)(b)(i) may include a credit towards the 
reduction of the length of supervision for an offender at a rate of up to 30 days for 
each month that the offender maintains eligible employment, as defined in Section 
64-13g-101
.
(iii)
A court, or the Board of Pardons and Parole, is not required to grant a request for 
termination of supervision under the program described in this Subsection (7)(b) if 
the court, or the Board of Pardons and Parole, finds that:
(A)
the offender presents a substantial risk to public safety;
(B)
termination would prevent the offender from completing risk reduction 
programming or treatment; or
(C)
the eligibility criteria for termination of supervision, as established in the adult 
sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
, have not been met.
(iv)
This Subsection (7)(b) does not prohibit the department, or another supervision 
services provider, from requesting termination of supervision based on the 
eligibility criteria in the adult sentencing and supervision length guidelines, as 
defined in Section 
63M-7-401.1
.
(c)
The department shall:
(i)
maintain a record of credits earned by an offender under this Subsection (7); and
(ii)
request from the court or the Board of Pardons and Parole the termination of 
probation or parole not fewer than 30 days prior to the termination date that 
reflects the credits earned under this Subsection (7).
(d)
This Subsection (7) does not prohibit the department from requesting a termination 
date earlier than the termination date established by earned credits under Subsection 
(7)(c).
(e)
The court or the Board of Pardons and Parole shall terminate an offender's probation 
or parole upon completion of the period of probation or parole accrued by time 
served and credits earned under this Subsection (7) unless the court or the Board of 
Pardons and Parole finds that termination would interrupt the completion of a 
necessary treatment program, in which case the termination of probation or parole 
shall occur when the treatment program is completed.
(f)
The department shall report annually to the State Commission on Criminal and 
Juvenile Justice on or before August 31:
(i)
the number of offenders who have earned probation or parole credits under this 
Subsection (7) in one or more months of the preceding fiscal year and the 
percentage of the offenders on probation or parole during that time that this 
number represents;
(ii)
the average number of credits earned by those offenders who earned credits;
(iii)
the number of offenders who earned credits by county of residence while on 
probation or parole;
(iv)
the cost savings associated with sentencing reform programs and practices; and
(v)
a description of how the savings will be invested in treatment and 
early-intervention programs and practices at the county and state levels.
Section 17, Section 
76-3-402
 is amended to read:
76-3-402
. Conviction of lower degree of offense -- Procedure and limitations.
(1)
As used in this section:
(a)
"Lower degree of offense" includes an offense for which:
(i)
a statutory enhancement is charged in the information or indictment that would 
increase either the maximum or the minimum sentence; and
(ii)
the court removes the statutory enhancement in accordance with this section.
(b)
"Minor regulatory offense" means the same as that term is defined in Section 
77-40a-101
.
(c)
(i)
"Rehabilitation program" means a program designed to reduce criminogenic 
and recidivism risks.
(ii)
"Rehabilitation program" includes:
(A)
a domestic violence treatment program, as that term is defined in Section 
26B-2-101
;
(B)
a 
residential, vocational, and life skills
residential vocational or life skills
program, as that term is defined in Section 
13-53-102
;
(C)
a substance abuse treatment program, as that term is defined in Section 
26B-2-101
;
(D)
a substance use disorder treatment program, as that term is defined in Section 
26B-2-101
;
(E)
a youth program, as that term is defined in Section 
26B-2-101
;
(F)
a program that meets the standards established by the Department of 
Corrections under Section 
64-13-25
;
(G)
a drug court, a veterans court, or a mental health court certified by the Judicial 
Council; or
(H)
a program that is substantially similar to a program described in Subsections 
(1)(c)(ii)(A) through (G).
(d)
"Serious offense" means a felony or misdemeanor offense that is not a minor 
regulatory offense or a traffic offense.
(e)
"Traffic offense" means the same as that term is defined in Section 
77-40a-101
.
(f)
(i)
Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as 
that term is defined in Section 
76-3-203.5
.
(ii)
"Violent felony" does not include an offense, or any attempt, solicitation, or 
conspiracy to commit an offense, for:
(A)
the possession, use, or removal of explosive, chemical, or incendiary devices 
under Subsection 
76-10-306
(3), (5), or (6); or
(B)
the purchase or possession of a dangerous weapon or handgun by a restricted 
person under Section 
76-10-503
.
(2)
The court may enter a judgment of conviction for a lower degree of offense than 
established by statute and impose a sentence at the time of sentencing for the lower 
degree of offense if the court:
(a)
takes into account:
(i)
the nature and circumstances of the offense of which the defendant was found 
guilty; and
(ii)
the history and character of the defendant;
(b)
gives any victim present at the sentencing and the prosecuting attorney an 
opportunity to be heard; and
(c)
concludes that the degree of offense established by statute would be unduly harsh to 
record as a conviction on the record for the defendant.
(3)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute:
(a)
after the defendant is successfully discharged from probation or parole for the 
conviction; and
(b)
if the court finds that entering a judgment of conviction for a lower degree of offense 
is in the interest of justice in accordance with Subsection (7).
(4)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful 
discharge but the defendant is successfully discharged from probation or parole for a 
subsequent conviction of an offense;
(b)
(i)
at least five years have passed after the day on which the defendant is sentenced 
for the subsequent conviction; or
(ii)
at least three years have passed after the day on which the defendant is sentenced 
for the subsequent conviction and the prosecuting attorney consents to the 
reduction;
(c)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (4)(b);
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(g)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(5)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful 
discharge but the defendant is successfully discharged from a rehabilitation program;
(b)
at least three years have passed after the day on which the defendant is successfully 
discharged from the rehabilitation program;
(c)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (5)(b);
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(g)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(6)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
at least five years have passed after the day on which the defendant's probation or 
parole for the conviction did not result in a successful discharge;
(b)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (6)(a);
(c)
there are no criminal proceedings pending against the defendant;
(d)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(e)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(f)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(7)
In determining whether entering a judgment of a conviction for a lower degree of 
offense is in the interest of justice under Subsection (3), (4), (5), or (6):
(a)
the court shall consider:
(i)
the nature, circumstances, and severity of the offense for which a reduction is 
sought;
(ii)
the physical, emotional, or other harm that the defendant caused any victim of the 
offense for which the reduction is sought; and
(iii)
any input from a victim of the offense; and
(b)
the court may consider:
(i)
any special characteristics or circumstances of the defendant, including the 
defendant's criminogenic risks and needs;
(ii)
the defendant's criminal history;
(iii)
the defendant's employment and community service history;
(iv)
whether the defendant participated in a rehabilitative program and successfully 
completed the program;
(v)
any effect that a reduction would have on the defendant's ability to obtain or 
reapply for a professional license from the Department of Commerce;
(vi)
whether the level of the offense has been reduced by law after the defendant's 
conviction;
(vii)
any potential impact that the reduction would have on public safety; or
(viii)
any other circumstances that are reasonably related to the defendant or the 
offense for which the reduction is sought.
(8)
(a)
A court may only enter a judgment of conviction for a lower degree of offense 
under Subsection (3), (4), (5), or (6) after:
(i)
notice is provided to the other party;
(ii)
reasonable efforts have been made by the prosecuting attorney to provide notice 
to any victims; and
(iii)
a hearing is held if a hearing is requested by either party.
(b)
A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a 
judgment of conviction for a lower degree of offense under Subsection (3), (4), (5), 
or (6).
(c)
In a motion under Subsection (3), (4), (5), or (6) and at a requested hearing on the 
motion, the moving party has the burden to provide evidence sufficient to 
demonstrate that the requirements under Subsection (3), (4), (5), or (6) are met.
(d)
If a defendant files a motion under this section, the prosecuting attorney shall 
respond to the motion within 35 days after the day on which the motion is filed with 
the court.
(9)
A court has jurisdiction to consider and enter a judgment of conviction for a lower 
degree of offense under Subsection (3), (4), (5), or (6) regardless of whether the 
defendant is committed to jail as a condition of probation or is sentenced to prison.
(10)
(a)
An offense may be reduced only one degree under this section, unless the 
prosecuting attorney specifically agrees in writing or on the court record that the 
offense may be reduced two degrees.
(b)
An offense may not be reduced under this section by more than two degrees.
(11)
This section does not preclude an individual from obtaining or being granted an 
expungement of the individual's record in accordance with 
Title 44, Chapter 40A,
Title 
77, Chapter 40a,
 Expungement of Criminal Records.
(12)
The court may not enter a judgment for a conviction for a lower degree of offense 
under this section if:
(a)
the reduction is specifically precluded by law; or
(b)
any unpaid balance remains on court-ordered restitution for the offense for which the 
reduction is sought.
(13)
When the court enters a judgment for a lower degree of offense under this section, the 
actual title of the offense for which the reduction is made may not be altered.
(14)
(a)
An individual may not obtain a reduction under this section of a conviction that 
requires the individual to register as a sex offender, kidnap offender, or child abuse 
offender until the registration requirements under Title 77, Chapter 41, Sex, Kidnap, 
and Child Abuse Offender Registry, have expired.
(b)
An individual required to register as a sex offender, kidnap offender, or child abuse 
offender for the individual's lifetime under Subsection 
77-41-105
(3)(c) may not be 
granted a reduction of the conviction for the offense or offenses that require the 
individual to register as a sex offender, kidnap offender, or child abuse offender.
Section 18. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 3:58 PM