Utah Code 80-6-401. Definitions — Competency to proceed

80-6-401. Definitions — Competency to proceed.

(1)

As used in this part:

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Terms Used In Utah Code 80-6-401

Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
competent to proceed: means that a minor has:

(i)	a present ability to consult with counsel with a reasonable degree of rational understanding; and

(ii)

a rational as well as factual understanding of the proceedings. See Utah Code 80-6-401

Forensic evaluator: means the same as that term is defined in Section 77-15-2. See Utah Code 80-6-401

Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102

Mental illness: means :

(a)	a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or

(b)

the same as that term is defined in:

(i)	the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or

(ii)

the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 80-1-102

Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:

(a)	a child; or

(b)

an individual:

(i)

(A)	who is at least 18 years old and younger than 21 years old; and

(B)	for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;

(ii)

(A)	who is at least 18 years old and younger than 25 years old; and

(B)	whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or

(iii)

(A)	who is at least 18 years old and younger than 21 years old; and

(B)

whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102

Not competent to proceed: means an individual is not competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401

Person: means :Utah Code 68-3-12.5

Prosecuting attorney: means :

(a)	the attorney general and any assistant attorney general;

(b)	any district attorney or deputy district attorney;

(c)	any county attorney or assistant county attorney; and

(d)

any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102

Related condition: means a condition that:

(i)	is found to be closely related to intellectual disability;

(ii)	results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual;

(iii)

is likely to continue indefinitely; and

(iv)

constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102

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

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a)

“Competency” or “competent to proceed” means that a minor has:

(i)	a present ability to consult with counsel with a reasonable degree of rational understanding; and

(ii)	a rational as well as factual understanding of the proceedings.

(b)	“Competency evaluation” means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges.

(c)	“Forensic evaluator” means the same as that term is defined in Section 77-15-2.

(d)	“Not competent to proceed” means an individual is not competent to stand for trial or adjudication for pending charges.

(2)	If a petition is filed under Section 80-6-305, or a criminal information is filed under Section 80-6-503, in the juvenile court , a written motion may be filed alleging reasonable grounds to believe the minor is not competent to proceed.

(3)

The written motion shall contain:

(a)

a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed due to:

(i)	a mental illness;

(ii)	an intellectual disability or a related condition; or

(iii)

developmental immaturity;

(b)	a recital of the facts, observations, and conversations with the minor that have formed the basis for the motion; and

(c)	if filed by defense counsel, the motion shall contain information that can be revealed without invading the lawyer-client privilege.

(4)

The motion may be:

(a)	based upon knowledge or information and belief; and

(b)

filed by:

(i)	the minor alleged not competent to proceed;

(ii)	any person acting on the minor’s behalf;

(iii)

the prosecuting attorney;

(iv)	the attorney guardian ad litem; or

(v)	any person having custody or supervision over the minor.

(5)

(a)	The juvenile court may raise the issue of a minor’s competency at any time.

(b)	If raised by the juvenile court, counsel for each party shall be permitted to address the issue of competency.

(c)	The juvenile court shall state the basis for the finding that there are reasonable grounds to believe the minor is not competent to proceed.

Amended by Chapter 152, 2022 General Session

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