77-16a-202. Person found guilty with a mental condition– Commitment to department — Admission to Utah State Hospital.
| (1) |
In sentencing and committing an offender with a mental condition to the department under Subsection 77-16a-104(3)(a) or in a felony case under Subsection 77-16a-103(6), the court shall:
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Terms Used In Utah Code 77-16a-202- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Department: means the Department of Health and Human Services. See Utah Code 77-16a-101
- 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
- Offender with a mental condition: means an individual who has been adjudicated guilty with a mental condition. See Utah Code 77-16a-101
- 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
- UDC: means the Department of Corrections. See Utah Code 77-16a-101
| (a) |
sentence the offender to a term of imprisonment and order that the offender be committed to the department and admitted to the Utah State Hospital for care and treatment until transferred to UDC in accordance with Sections 77-16a-203 and 77-16a-204, making provision for readmission to the Utah State Hospital whenever the requirements and conditions of Section 77-16a-204 are met; or |
| (b) |
order that the offender be committed to the department for care and treatment for no more than 18 months, or until the offender’s condition has been stabilized to the point that commitment to the department and admission to the Utah State Hospital is no longer necessary to ensure adequate mental health treatment, whichever occurs first. At the expiration of that time, the court shall sentence the offender. A retention of jurisdiction under this Subsection (1)(b) shall be specified in a court order. |
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| (2) |
The court may not retain jurisdiction, under Subsection (1)(b), over the sentence of an offender with a mental condition who has been convicted of a capital felony. In capital cases, the court shall make the findings required by this section after the capital sentencing proceeding mandated by Section 76-3-207. |
| (3) |
When an offender is committed to the department and admitted to the Utah State Hospital under Subsection (1)(b), the department shall provide the court with reports of the offender’s mental health status every six months. Those reports shall be prepared in accordance with the requirements of Section 77-16a-203. Additionally, the court may appoint an independent examiner to assess the mental health status of the offender. |
| (4) |
The period of commitment to the department and admission to the Utah State Hospital, and any subsequent retransfers to the Utah State Hospital made pursuant to Section 77-16a-204 may not exceed the maximum sentence imposed by the court. Upon expiration of that sentence, the administrator of the facility where the offender is located may initiate civil proceedings for involuntary commitment in accordance with Title 26B, Chapter 5, Health Care – Substance Use and Mental Health, or 4. |
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
