77-16a-203. Review of offenders with a mental condition committed to department — Recommendations for transfer to Department of Corrections.
| (1) |
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 77-16a-203- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Board: means the Board of Pardons and Parole established under Section 77-27-2. See Utah Code 77-16a-101
- Department: means the Department of Health and Human Services. See Utah Code 77-16a-101
- Executive director: means the executive director of the Department of Health and Human Services. See Utah Code 77-16a-101
- Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
- 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
- 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) |
The executive director shall designate a review team of at least three qualified staff members, including at least one licensed psychiatrist, to evaluate the mental condition of each offender with a mental condition committed to it in accordance with Section 77-16a-202, at least once every six months. |
| (b) |
If the offender has an intellectual disability, the review team shall include at least one individual who is a designated intellectual disability professional, as defined in Section 26B-6-401. |
|
| (2) |
At the conclusion of the review team’s evaluation, the review team described in Subsection (1) shall make a report to the executive director:
| (a) |
regarding the offender’s:
| (i) |
current mental condition; |
| (ii) |
progress since commitment; and |
|
| (b) |
that includes a recommendation regarding whether the offender with a mental condition should be:
| (i) |
transferred to UDC; or |
| (ii) |
remain in the custody of the department. |
|
|
| (3) |
| (a) |
The executive director shall notify the UDC medical administrator and the board‘s mental health adviser that an offender with a mental condition is eligible for transfer to UDC if the review team finds that the offender:
| (i) |
no longer has a mental condition; or |
| (ii) |
has a mental condition and may continue to be a danger to self or others, but can be controlled if adequate care, medication, and treatment are provided by UDC; and |
| (iii) |
the offender’s condition has been stabilized to the point that commitment to the department and admission to the Utah State Hospital are no longer necessary to ensure adequate mental health treatment. |
|
| (b) |
The administrator of the mental health facility where the offender is located shall provide the UDC medical administrator with a copy of the reviewing staff’s recommendation and:
| (i) |
all available clinical facts; |
| (iii) |
the course of treatment received at the mental health facility; |
| (iv) |
the prognosis for remission of symptoms; |
| (v) |
the potential for recidivism; |
| (vi) |
an estimation of the offender’s dangerousness, either to self or others; and |
| (vii) |
recommendations for future treatment. |
|
|
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
