The court may order as a condition of
probation, or a stay of sentence, that the
defendant be voluntarily admitted to the custody of the Office of Substance Use and Mental Health for treatment at the Utah
State Hospital only if the superintendent of the Utah State Hospital, or the superintendent’s designee, certifies to the court that:
| (1) |
the defendant is appropriate for, and can benefit from, treatment at the Utah State Hospital; |
Terms Used In Utah Code 77-18-106
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
| (2) |
there is space at the Utah State Hospital for treatment of the defendant; and |
| (3) |
individuals described in Subsection 26B-5-306(2)(g) are receiving priority for treatment over the defendant. |
Amended by Chapter 330, 2023 General Session
