77-16a-305. Conditional release.
| (1) |
If the review team finds that a defendant is not eligible for discharge, in accordance with Section 77-16a-304, but that the defendant’s mental condition and dangerousness can be controlled with proper care, medication, supervision, and treatment if the defendant is conditionally released, the review team shall prepare a report and notify the executive director, or the executive director’s designee, that the defendant is a candidate for conditional release. |
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Terms Used In Utah Code 77-16a-305
- Contract: A legal written agreement that becomes binding when signed.
- 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 77-16a-101
- Executive director: means the executive director of the Department of Health and Human Services. See Utah Code 77-16a-101
- Mental condition: means the same as that term is defined in Section 76-2-305. See Utah Code 77-16a-101
| (2) |
The executive director, or the executive director’s designee, shall prepare a conditional release plan, listing the type of care and treatment that the individual needs and recommending a treatment provider. |
| (3) |
The executive director, or the executive director’s designee, shall provide the court, the defendant’s attorney, and the prosecuting attorney with a copy of the report issued by the review team under Subsection (1), and the conditional release plan. The court shall conduct a hearing on the issue of conditional release within 30 days after receipt of those documents. |
| (4) |
The court may order that a defendant be conditionally released if it finds that, even though the defendant presents a substantial danger to self or others, the defendant can be adequately controlled with supervision and treatment that is available and provided for in the conditional release plan. |
| (5) |
The department may provide treatment or contract with a local mental health authority or other public or private provider to provide treatment for a defendant who is conditionally released under this section. |
Amended by Chapter 184, 2023 General Session
