| (1) |
As used in this section:
Terms Used In Utah Code 77-18-104- Assessment: means , except as provided in Section 77-18-104, the same as the term "risk and needs assessment" in Section 77-1-3. See Utah Code 77-18-102
- Convicted: means the same as that term is defined in Section 76-3-201. See Utah Code 77-18-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Screening: means , except as provided in Section 77-18-104, a tool or questionnaire that is designed to determine whether an individual needs further assessment or any additional resource or referral for treatment. See Utah Code 77-18-102
- 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
- Substance use disorder treatment: means treatment obtained through a substance use disorder program that is licensed by the Office of Licensing within the Department of Health and Human Services. See Utah Code 77-18-102
| (a) |
“Assessment” has the same meaning as in Section 41-6a-501. |
| (b) |
“Screening” has the same meaning as in Section 41-6a-501. |
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| (2) |
In coordination with the local substance abuse authority regarding available resources, a court in which the Drug-Related Offenses Reform Act under Section 63M-7-305 is implemented shall order a convicted defendant, who is determined to be eligible in accordance with the implementation plan developed by the Utah Substance Use and Mental Health Advisory Council under Section 63M-7-305, to:
| (a) |
participate in a screening before sentencing; |
| (b) |
participate in an assessment before sentencing if the screening indicates an assessment to be appropriate; and |
| (c) |
participate in substance use disorder treatment if:
| (i) |
the assessment indicates treatment to be appropriate; |
| (ii) |
the court finds treatment to be appropriate for the convicted defendant; and |
| (iii) |
the court finds the convicted defendant to be an appropriate candidate for community-based supervision. |
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| (3) |
The findings from any screening and any assessment conducted under this section shall be part of the presentence investigation report submitted to the court under Section 77-18-103. |
| (4) |
Money appropriated by the Legislature to assist in the funding of the screening, assessment, substance use disorder treatment, and supervision provided under this section is not subject to any requirement regarding matching funds from a state or local governmental entity. |
Renumbered and Amended by Chapter 260, 2021 General Session
