Utah Code § 26B-5-382 — Utah Code / Title 26B / Chapter 26B-5 / § 26B-5-382
§ 26B-5-382. HOME Court Pilot Program -- Requirements -- Funding -- Reporting.
Status: in_force

(1) As used in this section, "pilot program" means the HOME Court Pilot Program established in Subsection (2). (2) Subject to appropriations from the Legislature and the assignment of a judge to preside over the proceedings, the Third Judicial District Court of Salt Lake County shall establish and administer a HOME Court Pilot Program beginning October 1, 2024, and ending June 30, 2029, that provides for comprehensive and individualized, court-supervised treatment and services to individuals with mental illness. (3) The pilot program shall: (a) allow a person to petition the court for an order requiring an individual's participation in the pilot program; (b) require the court to substitute the local mental health authority as the petitioner if the initial petitioner is not the local mental health authority; (c) provide an opportunity for the parties to enter into an agreement regarding an individual's participation in the pilot program, including a treatment plan, prior to a court order under Subsection (3)(e); (d) provide for a hearing at which information is presented to determine whether an individual qualifies for court-ordered participation in the pilot program as provided in Subsection (3)(e); (e) require the court to order an individual to participate in the pilot program if, upon completion of the hearing described in Subsection (3)(d), the court finds by clear and convincing evidence that: (i) the individual resides or may be presently found within Salt Lake County; (ii) the individual has a mental illness; (iii) because of the individual's mental illness, the individual: (A) is unlikely to survive or remain safe without supervision, assistance, or services; or (B) meets the criteria described in Subsection 26B-5-351(14)(c)(i) or (ii); (iv) there is no appropriate less-restrictive alternative to a court order for participation in the pilot program; (v) the individual is likely to benefit from participation in the pilot program; and (vi) there is adequate capacity within the pilot program to meet the individual's need for services described in Subsection (3)(f); (f) upon the court's order for an individual to participate in the pilot program, require the local mental health authority to prepare a comprehensive and individualized treatment plan, for approval by the court, that includes the following components for the individual to successfully achieve the purposes of the pilot program: (i) mental health services; (ii) housing resources; (iii) social services; (iv) case management; (v) peer support; (vi) exit or transition services; and (vii) individualized goals for the successful completion of the pilot program; (g) upon the court's approval of a treatment plan prepared by the local mental health authority: (i) require the local mental health authority to coordinate services required for participation in the pilot program; and (ii) require the court to conduct regular review hearings as deemed necessary to evaluate the individual's progress in completing the treatment plan; and (h) operate in a manner that is consistent with the procedures for ordering assisted outpatient treatment under Section 26B-5-351. (4) (a) (i) If a individual participating in the pilot program has an outstanding warrant or pending criminal matter in another Utah court, the Third Judicial District Court of Salt Lake County may notify the other court in which the individual has an outstanding warrant or pending criminal matter regarding the individual's participation in the pilot program. (ii) Upon receiving notice of an individual's participation in the pilot program under Subsection (4)(a)(i), the other court may, if deemed appropriate, recall the warrant or stay the case in which the individual is involved unless the warrant or case involves a felony charge. (iii) In determining whether to recall a warrant or stay a case under Subsection (4)(a)(ii), the other court shall consider the likelihood of the individual's successful completion of the pilot program, the severity of the pending charges, the impact on victims' rights, and the impact on the government's ability and right to prosecute the case. (b) (i) If an individual described in Subsection (4)(a)(i) successfully completes the pilot program, the Third Judicial District Court of Salt Lake County may notify the other court in which the individual has an outstanding warrant or pending criminal matter regarding the individual's successful completion of the pilot program. (ii) Upon receiving notice of an individual's successful completion of the pilot program under Subsection (4)(b)(i), the other court shall consider the effect of the individual's completion of the pilot program on the case pending before that court, including the dismissal of criminal charges if deemed appropriate. (5) (a) Costs of all services provided under the pilot program, including the costs incurred by the multidisciplinary team described in Subsection (5)(b)(ii)(B), shall be paid by Salt Lake County. (b) If the Legislature appropriates money to the division for implementation of the pilot program, the division shall: (i) require the local mental health authority, as part of the plan required under Subsection 17-77-301(5), to submit to the division a proposal for implementation of the pilot program on or before May 15 of each year; (ii) review the proposal described in Subsection (5)(b)(i) to ensure that the proposal: (A) meets the requirements of this section; and (B) establishes a multidisciplinary team, with a sufficient number of stakeholders, to adequately address the provision of treatment and services under the pilot program; (iii) upon approval of the proposal described in Subsection (5)(b)(i), contract funds appropriated for the pilot program with the local mental health authority; and (iv) conduct an annual audit and review of the local mental health authority, and any contracted provider, regarding the use of funds appropriated for the pilot program. (c) The matching requirement in Subsection 17-77-301(6)(a)(x) does not apply to funds appropriated by the Legislature for the pilot program. (d) Subject to appropriation by the Legislature, Salt Lake County may: (i) apply to the division to receive funds to cover the county's costs under the pilot program; and (ii) pay county contributions to the nonfederal share of Medicaid expenditures with funds appropriated for the pilot program. (6) The department shall: (a) establish and evaluate metrics for the success of the pilot program with input from the local mental health authority, the Utah Homeless Services Board created in Section 35A-16-204, and the Judicial Council; and (b) in collaboration with the local mental health authority, submit to the Health and Human Services Interim Committee a report on or before June 30 of each year, beginning in calendar year 2025, regarding the outcomes of the pilot program.