26B-5-306.  Objectives of state hospital and other facilities — Persons who may be admitted to state hospital.

(1)  The objectives of the state hospital and other mental health facilities shall be to care for all persons within this state who are subject to the provisions of this chapter; and to furnish them with the proper attendance, medical treatment, seclusion, rest, restraint, amusement, occupation, and support that is conducive to their physical and mental well-being.

Terms Used In Utah Code 26B-5-306

  • Mental illness: means :
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
(b) the same as that term is defined in:
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or
(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301
  • 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
  • State hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301
  • Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • (2)  Only the following persons may be admitted to the state hospital:

    (a)  persons 18 years old and older who meet the criteria necessary for commitment under this part and who have severe mental disorders for whom no appropriate, less restrictive treatment alternative is available;

    (b)  persons under 18 years old who meet the criteria necessary for commitment under 4, and for whom no less restrictive alternative is available;

    (c)  persons adjudicated and found to be guilty with a mental condition under Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition;

    (d)  persons adjudicated and found to be not guilty by reason of insanity who are under a subsequent commitment order because they have a mental illness and are a danger to themselves or others, under Section 77-16a-302;

    (e)  persons found incompetent to proceed under Section 77-15-6;

    (f)  persons who require an examination under Title 77, Utah Code of Criminal Procedure; and

    (g)  persons in the custody of the Department of Corrections, admitted in accordance with Section 26B-5-372, giving priority to those persons with severe mental disorders.

    Amended by Chapter 184, 2023 General Session
    Renumbered and Amended by Chapter 308, 2023 General Session