Utah Code § 53-21-104.3

Current through the 2024 Third Special Session
Section 53-21-104.3 - Education - Complaints - Investigations
(1) On or before September 1, 2024, the department shall inform all first responder agencies in the state of the requirements described in Section 53-21-102.
(2) In addition to the notification required under Subsection (1), the department shall, on the department's website, provide information describing:
(a) an individual's eligibility for mental health resources under Section 53-21-102;
(b) the statutory definition for mental health resources provided in Section 53-21-101;
(c) the designated mental health resources liaison for each first responder agency as described in Subsection 53-21-102(3)(b); and
(d) how to appeal a denial of mental health resources to the department.
(3)
(a) The department shall investigate a denial of mental health resources that is received under Subsection (2)(d) to determine whether the denial was in violation of this chapter.
(b) If, after an investigation, the department determines that a first responder agency improperly denied mental health resources in violation of this chapter, the department shall notify the first responder agency and provide 60 days for the first responder agency to correct the improper denial.
(c) The department shall determine whether a first responder agency has cured the violation within the time described in Subsection (3)(b) and, if the first responder agency has not, the department shall send a letter within a reasonable time identifying the first responder agency and the relevant details of the department's investigation to:
(i) the commissioner;
(ii) the chairs of the Law Enforcement and Criminal Justice Interim Committee; and
(iii) the director of the State Commission on Criminal and Juvenile Justice, who shall refer the matter for investigation under Section 63M-7-204 and may restrict state grant money under Section 63M-7-218.

Utah Code § 53-21-104.3

Added by Chapter 345, 2024 General Session ,§ 6, eff. 7/1/2024.