SB 239

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                          Luz Escamilla proposes the following substitute bill:
1State Homeless Campus Amendments
                                         2026 GENERAL SESSION
                                             STATE OF UTAH
                                        Chief Sponsor: Luz Escamilla
                                        House Sponsor: Sandra Hollins
2
3   LONG TITLE
4   General Description:
5This bill enacts provisions relating to a state homeless services campus.
6   Highlighted Provisions:
7This bill:
8▸ defines and amends terms;
9▸ requires the coordinator for the Office of Homeless Services (coordinator), in cooperation
10   with the Utah Homeless Services Board (board), to create a comprehensive plan for
11   homeless services campus (campus) residents and the surrounding community within a
12   certain time frame after announcing or recommending the location of a campus that
13   addresses:
14●    safety;
15●    transportation;
16●    use of the homeless services campus as an emergency shelter;
17●    the types of treatment and support services offered to residents;
18●    treatment and support service provider and staff requirements; and
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19●    other certain services;
20▸ requires the coordinator, in cooperation with the board, to coordinate with certain public
21   safety entities to receive incident reports created in response to certain services provided
22   to the campus and the campus's residents, employees, or volunteers;
23▸ requires the homeless services ombudsman (ombudsman) to conduct an investigation of
24   the campus under certain circumstances;
25▸ allows the ombudsman to make recommendations and assist the coordinator in creating a
26   remediation plan if a campus is found in violation of law;
27▸ provides a certain time for the campus to cure a violation;
28▸ allows the ombudsman to recommend that the campus cease operations under certain
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29   circumstances;
30▸ provides that the Legislature may withhold campus funding in certain circumstances;
31▸ gives the ombudsman rulemaking authority to implement and carry out a campus
32   investigation;
33▸ creates reporting requirements; and
34▸ makes technical and conforming changes.
35   Money Appropriated in this Bill:
36None
37   Other Special Clauses:
38None
39   Utah Code Sections Affected:
40   AMENDS:
4135A-16-102, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
4235A-16-203, as last amended by Laws of Utah 2025, Chapter 530
4335A-16-1002, as enacted by Laws of Utah 2025, Chapter 422
44   ENACTS:
4535A-16-213, Utah Code Annotated 1953
4635A-16-1003, Utah Code Annotated 1953
47
48   Be it enacted by the Legislature of the state of Utah:
49Section 1. Section 35A-16-102 is amended to read:
5035A-16-102 . Definitions.
51      As used in this chapter:
52   (1) "Board" means the Utah Homeless Services Board created in Section 35A-16-204.
53   (2) "Chief executive officer" means the same as that term is defined in Section 11-51-102.
54   (3) "Client" means an individual who is experiencing homelessness or an individual at risk
55of becoming homeless.
56   (4) "Collaborative applicant" means the entity designated by a continuum of care to collect
57and submit data and apply for funds on behalf of the continuum of care, as required by
58the United States Department of Housing and Urban Development.
59   (5) "Continuum of care" means a regional or local planning body designated by the United
60States Department of Housing and Urban Development to coordinate services for
61individuals experiencing homelessness within an area of the state.
62   (6) "Coordinator" means the state homelessness coordinator appointed under Section
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6363J-4-202.
64   (7) "County of the first class" means the same as that term is defined in Section 17-60-104.
65   (8) "County of the second class" means the same as that term is defined in Section
6617-60-104.
67   (9) "Eligible services" means any activities or services that mitigate the impacts of the
68location of an eligible shelter, including direct services, public safety services, and
69emergency services, as further defined by rule made by the office in accordance with
70Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
71   (10) "Executive committee" means the executive committee of the board.
72   (11) "Exit destination" means:
73(a) a homeless situation;
74(b) an institutional situation;
75(c) a temporary housing situation;
76(d) a permanent housing situation; or
77(e) other situation.
78   (12) "First-tier eligible municipality" means a municipality that:
79(a) is located within:
80(i) a county of the first or second class, as classified in Section 17-60-104; or
81(ii) a county of the third class, as classified in Section 17-60-104, if the municipality
82has a population of 100,000 or more;
83(b) as determined by the office, has or is proposed to have an eligible shelter within the
84municipality's geographic boundaries within the following fiscal year;
85(c) due to the location of an eligible shelter within the municipality's geographic
86boundaries, requires eligible services; and
87(d) is certified as a first-tier eligible municipality in accordance with Section 35A-16-404.
88   (13) "Homeless Management Information System" or "HMIS" means an information
89technology system that:
90(a) is used to collect client-level data and data on the provision of housing and services
91to homeless individuals and individuals at risk of homelessness in the state; and
92(b) meets the requirements of the United States Department of Housing and Urban
93Development.
94   (14) "Homeless services budget" means the comprehensive annual budget and overview of
95all homeless services available in the state described in Subsection 35A-16-203(1)(b).
96   (15)(a) "Homeless services campus" means a state homeless services campus facility
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97where individuals who are experiencing homelessness have access to emergency
98shelter, behavioral and mental health treatment, and support services at one location.
99(b) "Homeless services campus" does not include a:
100(i) behavioral health transition facility, as that term is defined in Section 64-13-1;
101(ii) community correctional center, as that term is defined in Section 64-13-1;
102(iii) correctional facility, as that term is defined in Section 77-16b-102;
103(iv) medical, nursing, or psychiatric facility;
104(v) microshelter community; or
105(vi) noncongregate or overflow shelter.
106   (16) "Incident report" means a chronological account of an incident, including factual
107information gathered in response to an emergency, public safety service, or an
108investigation by law enforcement, emergency medical services, or fire protection.
109   [(15)] (17) "Local homeless council" means a local planning body designated by the steering
110committee to coordinate services for individuals experiencing homelessness within an
111area of the state.
112   [(16)] (18) "Office" means the Office of Homeless Services.
113   [(17)] (19) "Residential, vocational and life skills program" means the same as that term is
114defined in Section 13-53-102.
115   [(18)] (20) "Second-tier eligible municipality" means a municipality that:
116(a) is located within:
117(i) a county of the fourth, fifth, or sixth class; or
118(ii) a county of the third class, if the municipality has a population of less than
119100,000;
120(b) as determined by the office, has or is proposed to have an eligible shelter within the
121municipality's geographic boundaries within the following fiscal year;
122(c) due to the location of an eligible shelter within the municipality's geographic
123boundaries, requires eligible services; and
124(d) is certified as a second-tier eligible municipality in accordance with Section
12535A-16-404.
126   [(19)] (21)(a) "Service provider" means a state agency, a local government, or a private
127organization that provides services to clients.
128(b) "Service provider" includes a correctional facility[ and ] , the Administrative Office
129of the Courts, and a state homeless services campus facility.
130   [(20)] (22) "Steering committee" means the Utah Homeless Network Steering Committee
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131created in Section 35A-16-206.
132   [(21)] (23) "Strategic plan" means the statewide strategic plan to minimize homelessness in
133the state described in Subsection 35A-16-203(1)(c).
134   [(22)] (24) "Type of homelessness" means:
135(a) chronic homelessness;
136(b) episodic homelessness;
137(c) situational homelessness; or
138(d) family homelessness.
139Section 2. Section 35A-16-203 is amended to read:
14035A-16-203 . Powers and duties of the coordinator.
141   (1) The coordinator shall:
142(a) coordinate the provision of homeless services in the state;
143(b) in cooperation with the board, develop and maintain a comprehensive annual budget
144and overview of all homeless services available in the state, which homeless services
145budget shall receive final approval by the board;
146(c) in cooperation with the board, create a statewide strategic plan to minimize
147homelessness in the state, which strategic plan shall receive final approval by the
148board;
149(d) in cooperation with the board, oversee funding provided for the provision of
150homeless services, which funding shall receive final approval by the board, including
151funding from the:
152(i) Pamela Atkinson Homeless Account created in Section 35A-16-301;
153(ii) Homeless to Housing Reform Restricted Account created in Section 35A-16-303;
154and
155(iii) Homeless Shelter Cities Mitigation Restricted Account created in Section
15635A-16-402;
157(e) provide administrative support to and serve as a member of the board;
158(f) at the governor's request, report directly to the governor on issues regarding
159homelessness in the state and the provision of homeless services in the state;[ and]
160(g) in cooperation with the board, create a comprehensive plan to address the needs of a
161homeless services campus in accordance with Section 35A-16-213, which
162comprehensive plan shall receive final approval by the board; and
163[(g)] (h) report directly to the president of the Senate and the speaker of the House of
164Representatives at least twice each year on issues regarding homelessness in the state
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165and the provision of homeless services in the state.
166   (2) The coordinator, in cooperation with the board, shall ensure that the homeless services
167budget described in Subsection (1)(b) includes an overview and coordination plan for all
168funding sources for homeless services in the state, including from state agencies,
169continuum of care organizations, housing authorities, local governments, federal
170sources, and private organizations.
171   (3) The coordinator, in cooperation with the board and taking into account the metrics
172established and data reported in accordance with Section 35A-16-211, shall ensure that
173the strategic plan described in Subsection (1)(c):
174(a) outlines specific goals and measurable benchmarks for minimizing homelessness in
175the state and for coordinating services for individuals experiencing homelessness
176among all service providers in the state;
177(b) identifies best practices or innovative strategies and recommends improvements to
178the provision of services to individuals experiencing homelessness in the state to
179ensure the services are provided in a safe, cost-effective, and efficient manner;
180(c) identifies best practices or innovative strategies and recommends improvements in
181coordinating the delivery of services to the variety of populations experiencing
182homelessness in the state, including through the use of electronic databases and
183improved data sharing among all service providers in the state;
184(d) identifies gaps and recommends solutions in the delivery of services to the variety of
185populations experiencing homelessness in the state; and
186(e) takes into consideration the success of the HOME Court Pilot Program established in
187Section 26B-5-382.
188   (4) In overseeing funding for the provision of homeless services as described in Subsection
189(1)(d), the coordinator:
190(a) shall prioritize the funding of programs and providers that have a documented history
191of successfully reducing the number of individuals experiencing homelessness,
192reducing the time individuals spend experiencing homelessness, moving individuals
193experiencing homelessness to permanent housing, or reducing the number of
194individuals who return to experiencing homelessness;
195(b) except for a program or provider providing services to victims of domestic violence,
196may not approve funding to a program or provider that does not enter into a written
197agreement with the office to collect and share HMIS data regarding the provision of
198services to individuals experiencing homelessness so that the provision of services
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199can be coordinated among state agencies, local governments, and private
200organizations; and
201(c) if the board has approved a funding formula developed by the steering committee, as
202described in Section 35A-16-205:
203(i) except as provided in Subsection (4)(c)(ii), shall utilize that funding formula in
204disbursing funds for the provision of homeless services; and
205(ii) shall ensure that any federal funds not subject to the funding formula are
206disbursed in accordance with any applicable federal requirements.
207   (5) In cooperation with the board, the coordinator shall update the annual statewide budget
208and the strategic plan described in this section on an annual basis.
209   (6)(a) On or before October 1, the coordinator shall provide a written report to the
210department for inclusion in the department's annual written report described in
211Section 35A-1-109.
212(b) The written report shall include:
213(i) the homeless services budget;
214(ii) the strategic plan;
215(iii) recommendations regarding improvements to coordinating and providing
216services to individuals experiencing homelessness in the state;
217(iv) in coordination with the board, a complete accounting of the office's
218disbursement of funds during the previous fiscal year from:
219(A) the Pamela Atkinson Homeless Account created in Section 35A-16-301;
220(B) the Homeless to Housing Reform Restricted Account created in Section
22135A-16-303;
222(C) the Homeless Shelter Cities Mitigation Restricted Account created in Section
22335A-16-402;
224(D) the COVID-19 Homeless Housing and Services Grant Program created in
225Section 35A-16-602; and
226(E) any other grant program created in statute that is administered by the office;
227and
228(v) the data described in Section 35A-16-211.
229Section 3. Section 35A-16-213 is enacted to read:
23035A-16-213 . Homeless services campus requirements.
231   (1)(a) No later than 30 days after the day on which a homeless services campus location
232is announced or recommended, the coordinator, in cooperation with the board, shall
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233develop a comprehensive plan to address the needs of the residents of the homeless
234services campus and surrounding community.
235(b) If a homeless services campus location is announced or recommended on or before
236May 6, 2026, the coordinator, in cooperation with the board, shall develop a
237comprehensive plan to address the needs of the residents of the homeless services
238campus and surrounding community no later than June 5, 2026.
239   (2) The plan described in Subsection (1) shall include specific strategies and
240implementation measures that address the following:
241(a) criminal justice assistance;
242(b) emergency shelter requirements and services;
243(c) employment and vocational support;
244(d) behavioral and mental health services, including addiction recovery services;
245(e) individualized case management;
246(f) transitional housing services;
247(g) transportation requirements;
248(h) safety measures for the residents, service providers, staff, and surrounding
249community, including:
250(i) the use of security equipment in and around the homeless services campus facility
251and property; and
252(ii) providing for physical security in and around the homeless services campus
253facility and property for 24 hours per day, seven days per week, and every day of
254the year;
255(i) service provider requirements;
256(j) support staff requirements; Ŝ→ [and]
256a  (k) public health of residents, staff, and visitors in regard to the nuisance and medical
256b  issues associated with mosquitoes and mosquito-borne diseases; and
257[(k)] (l) ←Ŝ other treatment and support services that provide for the needs of an
257a  individual who
258is experiencing homelessness.
259   (3)(a) For behavioral and mental health services provided at the homeless services
260campus:
261(i) the service provider shall be licensed or certified in accordance with Title 58,
262Chapter 60, Mental Health Professional Practice Act;
263(ii) the service provider-patient ratio shall be no more than three patients per service
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264provider; and
265(iii) the support staff shall have sufficient experience in behavioral and mental health
266services to assist in managing a patient's needs.
267(b) For treatment and support services other than behavioral and mental health services:
268(i) the service providers and staff shall be licensed or certified as required by law or
269have the relevant experience required to provide proper treatment or support to the
270individual who is experiencing homelessness;
271(ii) the service provider-client ratio shall meet the industry standards for the service
272provided; and
273(iii) the number of on-site support staff shall be sufficient to ensure a safe
274environment for the homeless services campus, homeless services campus
275residents, and surrounding community.
276   (4) The coordinator shall, in cooperation with the board:
277(a) post and maintain in places readily accessible to homeless services campus residents:
278(i) on-campus services available to homeless services campus residents; and
279(ii) the process to file a complaint with the ombudsman's office, as described in
280Subsection 35A-16-1002(1)(a);
281(b) coordinate with law enforcement, emergency medical services, and fire protection to
282receive incident reports created in response to emergency calls and other services
283provided by law enforcement, emergency medical services, or fire protection to the
284homeless services campus and the homeless services campus's residents, employees,
285or volunteers;
286(c) provide a copy of an incident report received under Subsection (4)(b) to the
287ombudsman for the ombudsman to conduct an investigation in accordance with
288Section 35A-16-1003;
289(d) cooperate with homeless services campus investigations conducted by the
290ombudsman, as described in Section 35A-16-1003; and
291(e) include in the annual report required by Section 35A-16-203, a written report on the
292homeless services campus's progress and adherence to the plan described in this
293section.
294Section 4. Section 35A-16-1002 is amended to read:
29535A-16-1002 . Homeless services provider ombudsman -- Powers and duties --
296   Reporting requirements.
297   (1) The ombudsman shall:
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298(a) provide training and information to public agencies, private entities, individuals,
299service providers, and other interested parties across the state regarding:
300(i) the role and duties of the ombudsman;
301(ii) the rights and privileges of an individual experiencing homelessness;
302(iii) services available in the state to an individual experiencing homelessness; and
303(iv) how to submit a complaint;[ and]
304(b) develop a website to provide the information described in this Subsection (1) in a
305form that is easily accessible[.] ; and
306(c) in accordance with Section 35A-16-1003, conduct an investigation in response to an
307incident report received under Section 35A-16-213.
308   (2) The ombudsman may:
309(a) decline to investigate a complaint or continue an investigation of a complaint;
310(b) conduct an investigation on the ombudsman's own initiative;
311(c) conduct further investigation upon the request of the complainant; or
312(d) recommend that a complainant pursue other available remedies before pursuing a
313complaint with the ombudsman.
314   (3)(a) A service provider shall display an ombudsman program information poster
315containing the information described in Subsection (1) in a location that is easily
316visible to all clients, volunteers, and staff members.
317(b) The office is responsible for providing the posters, which shall include a phone
318number and a link to the website described in Subsection (1)(b).
319   (4) After the ombudsman receives a complaint, the ombudsman shall notify the
320complainant and the office:
321(a) whether the ombudsman will investigate the complaint; and
322(b) if the ombudsman decides not to investigate the complaint, the reason for the
323decision.
324   (5)(a) If the ombudsman decides to investigate a complaint, the ombudsman shall
325determine whether a service provider's act or omission with respect to a particular
326client:
327(i) is contrary to state or federal law;
328(ii) places a client's health or safety at risk;
329(iii) is made without an adequate statement of reason; or
330(iv) is based on irrelevant, immaterial, or erroneous grounds.
331(b) If the ombudsman determines, after completing the investigation described in
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332Subsection (5)(a), that a service provider's act or omission violates state or federal
333law, the ombudsman shall:
334(i) prepare a written report of the findings and recommendations, as described in
335Subsection (6), if any, of each investigation;
336(ii) provide a copy of the report to the claimant; and
337(iii) provide a copy of the report and recommendations, if any, to the office and the
338appropriate county or district attorney or the attorney general.
339   (6) The ombudsman may make recommendations to the office to consider:
340(a) policies or procedures that may need to be addressed, modified, or canceled; or
341(b) any other recommendations necessary to carry out the purposes of this part.
342   (7)(a) On or before October 1 of each year, the ombudsman shall provide a written
343report to the office for inclusion in the office's annual report described in Section
34435A-16-208.
345(b) The written report shall include:
346(i) the total number of complaints filed with the ombudsman;
347(ii) the report described in Subsection 35A-16-1003(4);
348[(ii)] (iii) the number of complaints the ombudsman investigated;
349[(iii)] (iv) reoccurring themes among complaints, if any; and
350[(iv)] (v) any recommendations described in Subsection (6).
351   (8)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
352the office shall make rules to implement this part.
353(b) The rules described in Subsection (8)(a) shall include a maximum time within which
354the ombudsman is required to respond to and complete an investigation of a
355complaint under Subsections (4) and (5).
356   (9) Subsection (2)(d) does not prevent a complainant from making a complaint directly with
357the ombudsman before pursuing any other available remedies provided for in state or
358federal law.
359Section 5. Section 35A-16-1003 is enacted to read:
36035A-16-1003 . Homeless services campus investigation requirements.
361   (1) In accordance with Section 35A-16-1002, the ombudsman shall conduct an
362investigation of a homeless services campus's compliance of Section 35A-16-213:
363(a) beginning on the day on which a homeless services campus begins to provide
364services and for every six months following the initial investigation; or
365(b) no later than 10 days from the day on which the ombudsman receives:
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366(i) a complaint under Section 35A-16-1002; or
367(ii) an incident report under Section 35A-16-213.
368   (2) If the ombudsman, after completing the investigation described in this section, identifies
369a violation of Section 35A-16-213, the ombudsman shall, on or before 10 days after the
370day on which the ombudsman identifies the violation:
371(a) prepare a written report of the violation and recommendations, if any, for
372remediation;
373(b) notify and provide the coordinator, board, and homeless services campus with the
374written report described in Subsection (2)(a);
375(c) in consultation with the coordinator, work with the homeless services campus to
376create a remediation plan; and
377(d) provide the homeless services campus 30 days after the day on which the
378remediation plan is created to cure the violation.
379   (3)(a) If the ombudsman determines, after completing the investigation described in this
380section, that a homeless services campus employee's, volunteer's, or resident's act or
381omission violates state or federal law, the ombudsman shall immediately:
382(i) prepare a written report of the findings and recommendations, if any, of the
383investigation;
384(ii) provide a copy of the report to the office, coordinator, and board; and
385(iii) provide a copy of the report to the appropriate county or district attorney or the
386attorney general.
387(b) The ombudsman may recommend to the office that a homeless services campus
388ceases operation if:
389(i) the ombudsman receives at least three complaints or incident reports in a calendar
390quarter;
391(ii) the homeless services campus fails to cure a violation within the time provided
392under Subsection (2)(d); or
393(iii) after an investigation under Subsection (2), or after a determination made under
394Subsection (3)(a), the ombudsman finds there is a measurable decrease in the
395safety, security, and well-being of the homeless services campus residents and
396surrounding community.
397(c) If the ombudsman recommends to the office that a homeless services campus ceases
398operation for reasons described in this Subsection (3), the office shall have 30 days
399from the day on which the office receives the report described in Subsection (3)(a) to
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400cease all operations at the homeless services campus other than for emergency shelter
401services, which emergency shelter services may continue in accordance with this
402chapter.
403   (4) On or before October 1 of each year, the ombudsman shall prepare and submit a report
404to the Executive Appropriations Committee on:
405(a) the number and nature of complaints or incident reports received;
406(b) the number of investigations conducted and the resulting compliance determination;
407and
408(c) if a violation is identified:
409(i) the remediation plan and homeless services campus's progress under Subsection
410(2)(d); or
411(ii) the report and recommendation described in Subsection (3).
412   (5) The Legislature may withhold future state appropriations to a homeless services campus
413if the homeless services campus fails to cure a violation of Section 35A-16-213 within
414the time provided under Subsection (2)(d).
415   (6) The report described in Subsection (4) shall be included in the office's annual report
416described in Section 35A-16-208.
417   (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
418office shall make rules to implement this part.
419   (8) Nothing in this section prevents an individual from providing public safety services,
420including law enforcement, emergency medical services, and fire protection, to the
421homeless services campus, the homeless services campus's residents, employees, or
422volunteers, or the surrounding community.
423Section 6. Effective Date.
424   This bill takes effect on May 6, 2026.
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