77-16a-201. Probation.
| (1) |
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Terms Used In Utah Code 77-16a-201- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Health and Human Services. See Utah Code 77-16a-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mental condition: means the same as that term is defined in Section 76-2-305. See Utah Code 77-16a-101
- Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, or organization that contracts with a local mental health authority. See Utah Code 77-16a-101
- Offender with a mental condition: means an individual who has been adjudicated guilty with a mental condition. See Utah Code 77-16a-101
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- UDC: means the Department of Corrections. See Utah Code 77-16a-101
| (a) |
In felony cases, when the court proposes to place on probation a defendant who has pled or is found guilty with a mental condition at the time of the offense, it shall request UDC to provide a presentence investigation report regarding whether probation is appropriate for that defendant and, if so, recommending a specific treatment program. If the defendant is placed on probation, that treatment program shall be made a condition of probation, and the defendant shall remain under the jurisdiction of the sentencing court. |
| (b) |
The court may not place an offender who has been convicted of the felony offenses listed in Section 76-3-406 on probation, regardless of whether the offender has, or had, a mental condition. |
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| (2) |
The period of probation for a felony offense committed by a defendant who has been found guilty with a mental condition at the time of the offense may not be subsequently reduced by the sentencing court without consideration of an updated report on the mental health status of the defendant. |
| (3) |
| (a) |
Treatment ordered by the court under this section may be provided by or under contract with the department, a mental health facility, a local mental health authority, or, with the approval of the sentencing court, any other public or private mental health provider. |
| (b) |
The entity providing treatment under this section shall file a report with the defendant’s probation officer at least every six months during the term of probation. |
| (c) |
Any request for termination of probation regarding a defendant who is receiving treatment under this section shall include a current mental health report prepared by the treatment provider. |
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| (4) |
Failure to continue treatment or any other condition of probation, except by agreement with the entity providing treatment and the sentencing court, is a basis for initiating probation violation hearings. |
| (5) |
The court may not release an offender with a mental condition into the community, as a part of probation, if it finds by clear and convincing evidence that the offender:
| (a) |
poses an immediate physical danger to self or others, including jeopardizing the offender’s own or others’ safety, health, or welfare if released into the community; or |
| (b) |
lacks the ability to provide the basic necessities of life, such as food, clothing, and shelter, if released into the community. |
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| (6) |
An offender with a mental condition who is not eligible for release into the community under the provisions of Subsection (5) may be placed by the court, on probation, in an appropriate mental health facility. |
Amended by Chapter 184, 2023 General Session
