(1)  When a defendant charged with a public offense or serving a sentence of imprisonment is incompetent to proceed, an individual described in Subsection (2)(b) may file a petition in the district court of the county where the charge is pending or where the defendant is confined.

criminal case

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Terms Used In Utah Code 77-15-3

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Incompetent to proceed: means that a defendant is not competent to stand trial as a result of:
(a) mental illness; or
(b) intellectual disability. See Utah Code 77-15-2
  • Person: means :Utah Code 68-3-12.5
  • Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2
    • (2) 

    (a)  The petition shall contain a certificate that it is filed in good faith and on reasonable grounds to believe the defendant is incompetent to proceed. The petition shall contain a recital of the facts, observations, and conversations with the defendant that have formed the basis for the petition. If filed by defense counsel, the petition may not disclose information in violation of the attorney-client privilege.

    (b)  The petition may be based upon knowledge or information and belief and may be filed by the defendant, any person acting on behalf of the defendant, the prosecuting attorney, or any person having custody or supervision over the defendant.

    Amended by Chapter 147, 2018 General Session

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