26B-5-372. Admission of person in custody of Department of Corrections to state hospital — Retransfer of person to Department of Corrections.
| (1) |
The executive director of the Department of Corrections may request the director to admit a person who is in the custody of the Department of Corrections to the state hospital, if the clinical director within the Department of Corrections finds that the inmate has mentally deteriorated to the point that admission to the state hospital is necessary to ensure adequate mental health treatment. In determining whether that inmate should be placed in the state hospital, the director of the division shall consider:
Terms Used In Utah Code 26B-5-372- Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
- Division: means the Division of Integrated Healthcare created in Section 26B-1-202. See Utah Code 26B-5-101
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301
- Person: means :Utah Code 68-3-12.5
- 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
| (a) |
the mental health treatment needs of the inmate; |
| (b) |
the treatment programs available at the state hospital; and |
| (c) |
whether the inmate meets the requirements of Subsection 26B-5-306(2). |
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| (2) |
If the director denies the admission of an inmate as requested by the clinical director within the Department of Corrections, the Board of Pardons and Parole shall determine whether the inmate will be admitted to the state hospital. The Board of Pardons and Parole shall consider:
| (a) |
the mental health treatment needs of the inmate; |
| (b) |
the treatment programs available at the state hospital; and |
| (c) |
whether the inmate meets the requirements of Subsection 26B-5-306(2). |
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| (3) |
The state hospital shall receive any person in the custody of the Department of Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to Subsection (1) or (2). Any person so transferred to the state hospital shall remain in the custody of the Department of Corrections, and the state hospital shall act solely as the agent of the Department of Corrections. |
| (4) |
Inmates transferred to the state hospital pursuant to this section shall be transferred back to the Department of Corrections through negotiations between the director and the director of the Department of Corrections. If agreement between the director and the director of the Department of Corrections cannot be reached, the Board of Pardons and Parole shall have final authority in determining whether a person will be transferred back to the Department of Corrections. In making that determination, that board shall consider:
| (a) |
the mental health treatment needs of the inmate; |
| (b) |
the treatment programs available at the state hospital; |
| (c) |
whether the person continues to meet the requirements of Subsection 26B-5-306(2); |
| (d) |
the ability of the state hospital to provide adequate treatment to the person, as well as safety and security to the public; and |
| (e) |
whether, in the opinion of the director, in consultation with the clinical director of the state hospital, the person’s treatment needs have been met. |
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Renumbered and Amended by Chapter 308, 2023 General Session
