A correctional facilityadministrator may petition the district court where the correctional facility is located for an order permitting the involuntary feeding or hydration of any prisoner who is likely to suffer severe harm or death by refusing to accept sufficient nutrition or hydration.
Terms Used In Utah Code 77-16b-103
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Correctional facility: means :
(a)
a county jail;
(b)
a secure correctional facility as defined by Section 64-13-1; or
a designee of the executive director of the Utah Department of Corrections; or
(c)
a designee of the director of the Division of Juvenile Justice Services. See Utah Code 77-16b-102
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.
any individual who is a pretrial detainee or who has been committed to the custody of a sheriff or the Utah Department of Corrections, and who is physically in a correctional facility; and
(b)
any individual who is 18 years old or older and younger than 21 years old, and who has been committed to the custody of the Division of Juvenile Justice Services. See Utah Code 77-16b-102
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
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)
Prior to the filing of a petition under this section, a mental health therapist who is designated by the correctional facility administrator shall conduct a mental health evaluation of the subject prisoner.
(3)
Upon the filing of a petition, the district court shall hold a hearing within two working days. The court:
(a)
shall confidentially review the prisoner’s medical and mental health records as they are available;
(b)
may hear testimony or receive evidence, subject to the Utah Rules of Evidence, concerning the circumstances of the prisoner’s lack of nutrition or hydration; and
(c)
may exclude from the hearing any person whose presence is not necessary for the purposes of the hearing, due to the introduction of personal medical and mental health evidence.
(4)
After conducting the hearing under Subsection (3), the district court shall issue an order to involuntarily feed or hydrate the prisoner, if the court finds by a preponderance of evidence that:
(a)
(i)
the prisoner is likely to suffer severe harm or death by refusing to accept sufficient nutrition or hydration; and
(ii)
the correctional facility’s medical or penological objectives are valid and outweigh the prisoner’s right to refuse treatment; or
(b)
the prisoner is refusing sufficient nutrition or hydration with the intent to obstruct or delay any judicial or administrative proceeding pending against the prisoner.
(5)
The district court shall state its findings of fact and conclusions of law on the record.
(6)
The correctional facility administrator shall serve copies of the petition and a notice of the district court hearing on the prisoner and the prisoner’s counsel, if the prisoner is represented by counsel, at least 24 hours in advance of the hearing under Subsection (3).
(7)
The prisoner has the right to attend the hearing, testify, present evidence, and cross-examine witnesses.
