(1)  Except as provided for in Subsection (2), when the department determines that a person in its custody is in need of mental health services, the department shall contract with the Division of Substance Abuse and Mental Health, local mental health authorities, or the state hospital to provide mental health services for that person. Those services may be provided at the Utah State Hospital or in community programs provided by or under contract with the Division of Substance Abuse and Mental Health, a local mental health authority, or other public or private mental health care providers.

Terms Used In Utah Code 64-13-7.5

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Corrections. See Utah Code 64-13-1
  • Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:
(a) committed to the custody of the department;
(b) on probation; or
(c) on parole. See Utah Code 64-13-1
  • 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
    • (2) 

    (a)  If the Division of Substance Abuse and Mental Health, a local mental health authority, or the state hospital notifies the department that it is unable to provide mental health services under Subsection (1), the department may contract with other public or private mental health care providers to provide mental health services for persons in its custody.

    (b)  The standards established by rule under Section 64-13-25 apply to the public or private mental health care providers with whom the department contracts under this Subsection (2).

    (3)  A person who provides mental health services for sex offender treatment as required in Section 64-13-6 shall be licensed as a mental health professional in accordance with Title 58, Chapter 60, Mental Health Professional Practice Act, or Title 58, Chapter 61, Psychologist Licensing Act, and exhibit competency to practice in the area of sex offender treatment based on education, training, and practice.

    Amended by Chapter 412, 2015 General Session

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