77-16a-302. Persons found not guilty by reason of insanity — Disposition.
| (1) |
Upon a verdict of not guilty by reason of insanity, the court shall conduct a hearing within 10 days to determine whether the defendant currently has a mental condition. The defense counsel and prosecutors may request further evaluations and present testimony from those examiners. |
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Terms Used In Utah Code 77-16a-302
- 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.
- Mental condition: means the same as that term is defined in Section 76-2-305. See Utah Code 77-16a-101
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Verdict: The decision of a petit jury or a judge.
| (2) |
After the hearing and upon consideration of the record, the court shall order the defendant committed to the department if it finds by clear and convincing evidence that:
| (a) |
the defendant has a mental condition; and |
| (b) |
because of that mental condition the defendant presents a substantial danger to self or others. |
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| (3) |
The period of commitment described in Subsection (2) may not exceed the period for which the defendant could be incarcerated had the defendant been convicted and received the maximum sentence for the crime of which the defendant was accused. At the time that period expires, involuntary civil commitment proceedings may be instituted in accordance with Title 26B, Chapter, Health Care — Substance Use and Mental Health. |
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
