77-16a-304. Review after commitment.
| (1) |
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Terms Used In Utah Code 77-16a-304- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Executive director: means the executive director of the Department of Health and Human Services. See Utah Code 77-16a-101
- Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
- Mental condition: means the same as that term is defined in Section 76-2-305. See Utah Code 77-16a-101
- Person: means :Utah Code 68-3-12.5
| (a) |
The executive director, or the executive director’s designee, shall establish a review team of at least three qualified staff members to review the defendant‘s mental condition at least every six months. |
| (b) |
The team described in Subsection (1)(a) shall include:
| (i) |
at least one psychiatrist; and |
| (ii) |
if the defendant has an intellectual disability, at least one staff member who is a designated intellectual disability professional. |
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| (2) |
If the review team described in Subsection (1) finds that the defendant has recovered from the defendant’s mental condition, or, that the defendant still has a mental condition but does not present a substantial danger to self or others, the executive director, or the executive director’s designee, shall:
| (a) |
notify the court that committed the defendant that the defendant is a candidate for discharge; and |
| (b) |
provide the court with a report stating the facts that form the basis for the recommendation. |
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| (3) |
| (a) |
The court shall conduct a hearing within 10 business days after receipt of the executive director’s, or the executive director’s designee’s, notification. |
| (b) |
The court clerk shall provide notice of the date and time of the hearing to:
| (i) |
the prosecuting attorney; |
| (ii) |
the defendant’s attorney; and |
| (iii) |
any victim of the crime for which the defendant was found not guilty by reason of insanity. |
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| (4) |
| (a) |
The court shall order that the defendant be discharged from commitment if the court finds that the defendant:
| (i) |
no longer has a mental condition; or |
| (ii) |
has a mental condition, but no longer presents a substantial danger to self or others. |
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| (b) |
The court shall order the person conditionally released in accordance with Section 77-16a-305 if the court finds that the defendant:
| (i) |
has a mental condition; |
| (ii) |
is a substantial danger to self or others; and |
| (iii) |
can be controlled adequately if conditionally released with treatment as a condition of release. |
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| (c) |
The court shall order that the commitment be continued if the court finds that the defendant:
| (i) |
has not recovered from the defendant’s mental condition; |
| (ii) |
is a substantial danger to self or others; and |
| (iii) |
cannot adequately be controlled if conditionally released on supervision. |
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| (d) |
| (i) |
Except as provided in Subsection (4)(d)(ii), the court may not discharge a defendant whose mental condition is in remission as a result of medication or hospitalization if it can be determined within reasonable medical probability that without continued medication or hospitalization the defendant’s mental condition will reoccur, making the defendant a substantial danger to self or others. |
| (ii) |
Notwithstanding Subsection (4)(d)(i), the defendant described in Subsection (4)(d)(i) may be a candidate for conditional release, in accordance with Section 77-16a-305. |
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Amended by Chapter 184, 2023 General Session
