Utah Code 77-15-9. Expenses

(1)

In determining the competence of a defendant to proceed, expenses of examination, observation, or treatment, excluding travel to and from any mental health facility, shall be charged to the department when the offense is a state offense. Travel expenses incurred by the defendant shall be charged to the county where prosecution is commenced. Examination of a defendant on local ordinance violations shall be charged by the department to the municipality or county commencing the prosecution.

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Terms Used In Utah Code 77-15-9

Competent to stand trial: means that a defendant has:

(a)	a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and

(b)

the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense. See Utah Code 77-15-2

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Department: means the Department of Health and Human Services. See Utah Code 77-15-2

Incompetent to proceed: means that a defendant is not competent to stand trial as a result of:

(a)	mental illness; or

(b)	intellectual disability. See Utah Code 77-15-2 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)	When examination is initiated by the court or on motion of the prosecutor, expenses of commitment and treatment of the defendant, if the defendant is determined to be incompetent to proceed, shall also be charged to the department.

(3)	Expenses of examination, treatment, or confinement in a mental health facility for any individual who has been convicted of a crime and placed in a state correctional facility shall be charged to the Department of Corrections.

(4)

If, after evaluation, the court determines that a defendant is competent to stand trial, all subsequent costs are charged to the county commencing prosecution. If the defendant requested the examination and is found to be competent to stand trial by the court, the department may recover the expenses of the examination from the defendant.

Amended by Chapter 147, 2018 General Session

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