As used in this chapter:

(1)  “Competency evaluation” means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial.

Terms Used In Utah Code 77-15-2

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)  “Competent to stand trial” means that a defendant has:

(a)  a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and

(b)  the ability to consult with the defendant’s legal counsel with a reasonable degree of rational understanding in order to assist in the defense.

(3)  “Department” means the Department of Human Services.

(4)  “Forensic evaluator” means a licensed mental health professional who is:

(a)  not involved in the defendant’s treatment; and

(b)  trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation.

(5)  “Incompetent to proceed” means that a defendant is not competent to stand trial.

(6)  “Petition” means a petition to request a court to determine whether a defendant is competent to stand trial.

(7)  “Progress toward competency evaluation” means an evaluation to determine whether an individual who is receiving restoration treatment is:

(a)  competent to stand trial;

(b)  incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or

(c)  incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future.

(8)  “Restoration screening” means an assessment of an individual determined to be incompetent to stand trial for the purpose of determining the appropriate placement and restoration treatment for the individual.

(9)  “Restoration treatment” means training and treatment that is:

(a)  provided to an individual who is incompetent to proceed;

(b)  tailored to the individual’s particular impairment to competency; and

(c)  limited to the purpose of restoring the individual to competency.

Amended by Chapter 147, 2018 General Session