(1) As used in this section: (a) "Diversion" means referral to a licensed center by a law enforcement agency, a law enforcement officer, or by court order: (i) under the terms of a diversion agreement described in Section 77-2-5; (ii) as a voluntary referral as described in Section 26B-5-121; (iii) as an alternative to penalties for a violation of probation or parole; or (iv) by any other court ordered or law enforcement facilitated alternative to criminal penalties. (b) "Diversion contact" means the prosecuting attorney that is a party to a diversion agreement or the law enforcement agency or officer that facilitates the diversion. (c) "Justice involved individual" means an individual who enters a treatment program through diversion. (d) "Licensed center" means a behavioral health receiving center licensed under this part. (e) "Local mental health authority" means a local mental health authority described in Section 17-77-301. (f) "Responsible law enforcement agency" means the law enforcement agency that employs a law enforcement officer that facilitates an individual's connection with a licensed center as described in Section 26B-5-121. (g) "Treatment program" means a licensed center's program for providing mental health services to an individual experiencing a mental health crisis. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and Section 63J-1-504, the office: (a) shall make and enforce rules to establish the process for initial and renewal applications to operate a behavioral health receiving center; (b) may assess and collect application and renewal fees for behavioral health receiving center licenses; (c) shall deposit any fees collected under Subsection (2)(b) into the General Fund as a dedicated credit to be used solely to pay for or offset the office's costs incurred in performing the duties under this section; and (d) shall make rules that: (i) identify circumstances under which a licensed center shall notify a responsible law enforcement agency or diversion contacts of a justice involved individual's status in a treatment program, including to provide notification: (A) of treatment recommendations for the justice involved individual; (B) if the justice involved individual is actively participating in the treatment program; (C) if the justice involved individual is resisting participation in the treatment program; (D) if applicable, if the justice involved individual violates the terms of a diversion agreement related to the justice involved individual's participation in the treatment program; (E) within 24 hours after the justice involved individual leaves the treatment program, if the justice involved individual leaves the treatment program against the licensed center's advice; and (F) if applicable, of the name of the health care provider to whom the licensed center referred the justice involved individual for further treatment; and (ii) require a licensed center to adopt a policy to implement the notification requirements described in Subsection (2)(d)(i). (3) (a) Rules the office makes in accordance with Subsection (2)(d) may not require the licensed center to notify a responsible law enforcement agency or diversion contact of the status of a justice involved individual after the licensed center has referred the justice involved individual to another health care provider. (b) The office shall make the rules described in this Subsection (2) in coordination with licensed centers, local mental health authorities, law enforcement agencies, and diversion contacts.
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