77-16a-204. UDC acceptance of transfer of persons found guilty with a mental condition — Retransfer from UDC to department for admission to the Utah State Hospital.
| (1) |
The UDC medical administrator shall designate a transfer team of at least three qualified staff members, including at least one licensed psychiatrist, to evaluate the recommendation made by the department’s review team pursuant to Section 77-16a-203. If the offender has an intellectual disability, the transfer team shall include at least one person who has expertise in testing and diagnosis of people with intellectual disabilities. |
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Terms Used In Utah Code 77-16a-204
- 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
- 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
- Person: means :Utah Code 68-3-12.5
- 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
- Writing: includes :Utah Code 68-3-12.5
| (2) |
The transfer team shall concur in the recommendation if the transfer team determines that UDC can provide the offender with a mental condition with adequate mental health treatment. |
| (3) |
The UDC transfer team and medical administrator shall recommend the facility in which the offender should be placed and the treatment to be provided in order for the offender’s mental condition to remain stabilized to the director of the Division of Institutional Operations, within the Department of Corrections. |
| (4) |
In the event that the department and UDC do not agree on the transfer of an offender with a mental condition, the administrator of the mental health facility where the offender is located shall notify the mental health adviser for the board, in writing, of the dispute. The mental health adviser shall be provided with copies of all reports and recommendations. The board’s mental health adviser shall make a recommendation to the board on the transfer and the board shall issue its decision within 30 days. |
| (5) |
UDC shall notify the board whenever an offender with a mental condition is transferred from the department to UDC. |
| (6) |
When an offender with a mental condition sentenced under Section 77-16a-202, who has been transferred from the department to UDC, and accepted by UDC, is evaluated and it is determined that the offender’s mental condition has deteriorated or that the offender has become mentally unstable, the offender may be readmitted to the Utah State Hospital in accordance with the findings and procedures described in Section 26B-5-372. |
| (7) |
Any individual readmitted to the Utah State Hospital pursuant to Subsection (6) shall remain in the custody of UDC, and the state hospital shall act solely as the agent of UDC. |
| (8) |
An offender with a mental condition who has been readmitted to the Utah State Hospital pursuant to Subsection (6) shall be transferred back to UDC in accordance with the provisions of Section 77-16a-203. |
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
