Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 363 Third Substitute (2022GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the definition of "substantial danger" for purposes of civil commitment;
• provides that an individual may apply for voluntary admission to a mental health facility after an evaluation for temporary commitment;
• before releasing a patient who cannot be located from civil commitment, requires a court to make a determination that good cause exists to release the patient;
• clarifies that certain processes for release of a patient from voluntary civil commitment apply to adult patients;
• extends the maximum period for adult temporary civil commitment;
• requires a court to order an applicant to consult with the appropriate local mental health authority before the court issues an order of civil commitment;
• clarifies that a party may be transferred or substituted in accordance with the Utah Rules of Civil Procedure if a civil commitment case is transferred to another court;
• subject to certain requirements, allows a designated examiner to conduct an evaluation of an individual for civil commitment through telehealth;
• provides that at a hearing for civil commitment, the court may order assisted outpatient treatment if the individual does not meet the conditions for civil commitment;
• requires a court to dismiss commitment proceedings if the individual does not meet the conditions for civil commitment or assisted outpatient treatment; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MODIFICATIONS TO CIVIL COMMITMENT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses civil commitment.
Highlighted Provisions:
This bill:
▸ modifies the definition of "substantial danger" for purposes of civil commitment;
▸ provides that an individual may apply for voluntary admission to a mental health
facility after an evaluation for temporary commitment;
▸ before releasing a patient who cannot be located from civil commitment, requires a
court to make a determination that good cause exists to release the patient;
▸ clarifies that certain processes for release of a patient from voluntary civil
commitment apply to adult patients;
▸ extends the maximum period for adult temporary civil commitment;
▸ requires a court to order an applicant to consult with the appropriate local mental
health authority before the court issues an order of civil commitment;
▸ clarifies that a party may be transferred or substituted in accordance with the Utah
Rules of Civil Procedure if a civil commitment case is transferred to another court;
▸ subject to certain requirements, allows a designated examiner to conduct an
evaluation of an individual for civil commitment through telehealth;
▸ provides that at a hearing for civil commitment, the court may order assisted
outpatient treatment if the individual does not meet the conditions for civil
commitment;
▸ requires a court to dismiss commitment proceedings if the individual does not meet
the conditions for civil commitment or assisted outpatient treatment; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-15-602
, as last amended by Laws of Utah 2021, Chapter 122
62A-15-625
, as last amended by Laws of Utah 2021, Chapter 260
62A-15-626
, as last amended by Laws of Utah 2021, Chapter 262
62A-15-627
, as last amended by Laws of Utah 2018, Chapter 322
62A-15-629
, as last amended by Laws of Utah 2020, Chapter 225
62A-15-631
, as last amended by Laws of Utah 2021, Chapter 122
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-15-602
 is amended to read:
62A-15-602.
Definitions.
As used in this part, Part 7, Commitment of Persons Under Age 18 to Division of
Substance Abuse and Mental Health, Part 8, Interstate Compact on Mental Health, Part 9, Utah
Forensic Mental Health Facility, Part 10, Declaration for Mental Health Treatment, and Part
12, Essential Treatment and Intervention Act:
(1) "Adult" means an individual 18 years [
of age
] 
old
 or older.
(2) "Approved treatment facility or program" means a treatment provider that meets the
standards described in Subsection 
62A-15-103
(2)(a)(v).
(3) "Assisted outpatient treatment" means involuntary outpatient mental health
treatment ordered under Section 
62A-15-630.5
.
(4) "Commitment to the custody of a local mental health authority" means that an adult
is committed to the custody of the local mental health authority that governs the mental health
catchment area where the adult resides or is found.
(5) "Community mental health center" means an entity that provides treatment and
services to a resident of a designated geographical area, that operates by or under contract with
a local mental health authority, and that complies with state standards for community mental
health centers.
(6) "Designated examiner" means:
(a) a licensed physician, preferably a psychiatrist, who is designated by the division as
specially qualified by training or experience in the diagnosis of mental or related illness; or
(b) a licensed mental health professional designated by the division as specially
qualified by training and who has at least five years' continual experience in the treatment of
mental illness.
(7) "Designee" means a physician who has responsibility for medical functions
including admission and discharge, an employee of a local mental health authority, or an
employee of a person that has contracted with a local mental health authority to provide mental
health services under Section 
17-43-304
.
(8) "Essential treatment" and "essential treatment and intervention" mean court-ordered
treatment at a local substance abuse authority or an approved treatment facility or program for
the treatment of an adult's substance use disorder.
(9) "Harmful sexual conduct" means the following conduct upon an individual without
the individual's consent, including the nonconsensual circumstances described in Subsections
76-5-406
(2)(a) through (l):
(a) sexual intercourse;
(b) penetration, however slight, of the genital or anal opening of the individual;
(c) any sexual act involving the genitals or anus of the actor or the individual and the
mouth or anus of either individual, regardless of the gender of either participant; or
(d) any sexual act causing substantial emotional injury or bodily pain.
(10) "Informed waiver" means the patient was informed of a right and, after being
informed of that right and the patient's right to waive the right, expressly communicated his or
her intention to waive that right.
(11) "Institution" means a hospital or a health facility licensed under Section 
26-21-8
.
(12) "Local substance abuse authority" means the same as that term is defined in
Section 
62A-15-102
 and described in Section 
17-43-201
.
(13) "Mental health facility" means the Utah State Hospital or other facility that
provides mental health services under contract with the division, a local mental health
authority, a person that contracts with a local mental health authority, or a person that provides
acute inpatient psychiatric services to a patient.
(14) "Mental health officer" means an individual who is designated by a local mental
health authority as qualified by training and experience in the recognition and identification of
mental illness, to:
(a) apply for and provide certification for a temporary commitment; or
(b) assist in the arrangement of transportation to a designated mental health facility.
(15) "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.
(16) "Patient" means an individual who is:
(a) under commitment to the custody or to the treatment services of a local mental
health authority; or
(b) undergoing essential treatment and intervention.
(17) "Physician" means an individual who is:
(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act.
(18) "Serious bodily injury" means bodily injury that involves a substantial risk of
death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(19) "Substantial danger" means that due to mental illness, an individual is at serious
risk of:
(a) suicide;
(b) serious bodily self-injury;
(c) serious bodily injury because the individual is incapable of providing the basic
necessities of life, including food, clothing, or shelter;
(d) causing or attempting to cause serious bodily injury to another individual; [
or
]
(e) engaging in harmful sexual conduct[
.
]
; or
(f) if not treated, suffering severe and abnormal mental, emotional, or physical distress
that:
(i) is associated with significant impairment of judgment, reason, or behavior; and
(ii) causes a substantial deterioration of the individual's previous ability to function
independently.
(20) "Treatment" means psychotherapy, medication, including the administration of
psychotropic medication, or other medical treatments that are generally accepted medical or
psychosocial interventions for the purpose of restoring the patient to an optimal level of
functioning in the least restrictive environment.
Section 2. Section 
62A-15-625
 is amended to read:
62A-15-625.
Voluntary admission of adults.
(1) A local mental health authority, a designee of a local mental health authority, or
another mental health facility may admit for observation, diagnosis, care, and treatment an
adult who
:
(a)
 applies for voluntary admission [
and who
] 
after evaluation for temporary
commitment under Section 
62A-15-629
; and
(b)
 has a mental illness or exhibits the symptoms of a mental illness.
(2) [
No adult may
] 
An adult may not
 be committed to a local mental health authority
against [
that
] 
the
 adult's will except as provided in this chapter.
(3) An adult may be voluntarily admitted to a local mental health authority for
treatment at the Utah State Hospital as a condition of probation or stay of sentence only after
the requirements of Section 
77-18-106
 have been met.
Section 3. Section 
62A-15-626
 is amended to read:
62A-15-626.
Release from commitment.
(1) (a) Subject to Subsection (1)(b), a local mental health authority or the 
local
 mental
health authority's designee shall release from commitment any [
individual
] 
patient
 who, in the
opinion of the local mental health authority or the 
local
 mental health authority's designee, has
recovered or no longer meets the criteria [
specified
] 
described
 in Section 
62A-15-631
.
(b) A local mental health authority's inability to locate a committed [
individual
] 
patient
may not be the basis for the [
individual's
] 
patient's
 release, unless the court
:
(i)
 orders the release of the [
individual
] 
patient
 after a hearing[
.
]
; and
(ii) makes an individualized determination that good cause exists to release the patient
at a hearing.
(2) 
(a)
 [
A
] 
Except as provided in Section 
62A-15-705
, a
 local mental health authority
or the 
local
 mental health authority's designee may release from commitment any patient whose
commitment is determined to be no longer advisable [
except as provided by Section
62A-15-705
, but an effort shall be made to
]
.
(b) A local mental health authority or the local mental health authority's designee shall
assure that any further supportive services required to meet the patient's needs upon release
under Subsection (2)(a)
 will be provided.
(3) [
When
] 
If
 a patient [
has been
] 
is
 committed to a local mental health authority by
judicial process, the local mental health authority shall follow the procedures described in
Sections 
62A-15-636
 and 
62A-15-637
.
Section 4. Section 
62A-15-627
 is amended to read:
62A-15-627.
Release of voluntary adult -- Exceptions.
(1) [
A
] 
Except as provided in Subsection (2), a mental health facility shall immediately
release an adult
 patient
:
(a)
 who is voluntarily admitted, as described in Section 
62A-15-625
, and who requests
release, verbally or in writing[
,
]
;
 or
(b)
 whose release is requested in writing by the patient's legal guardian, parent, spouse,
or adult next of kin[
, shall be immediately released except that:
]
.
(2)
 (a) 
An adult patient's
 release 
under Subsection (1)
 may be conditioned upon the
agreement of the patient, if
:
(i)
 the request for release is made by an individual other than the patient; or
[
(b)
] 
(ii)
 [
if
] the admitting local mental health authority, [
a
] 
the
 designee of the local
mental health authority, or [
a
] 
the admitting
 mental health facility has cause to believe that
release of the patient would be unsafe for the patient or others[
,
]
.
(b) (i) An adult patient's
 release [
of that patient
] may be postponed for up to 48 hours,
excluding weekends and holidays, [
provided that
] 
if
 the admitting 
local mental health
authority, the designee 
of the local mental health authority
, or the 
admitting mental health
facility [
shall cause to be instituted
] 
causes
 involuntary commitment proceedings 
to be
commenced
 with the district court within the specified time period.
[
(2)
] 
(ii)
 The admitting 
local mental health
 authority, the designee 
of the local mental
health authority
, or the 
admitting mental health
 facility shall provide written notice of the
postponement and the reasons for the postponement to the patient without undue delay.
(3) [
No judicial proceedings
] 
A judicial proceeding
 for involuntary commitment may
not
 be commenced with respect to a voluntary patient unless the patient [
has requested
]
requests
 release.
Section 5. Section 
62A-15-629
 is amended to read:
62A-15-629.
Temporary commitment -- Requirements and procedures.
(1) An adult shall be temporarily, involuntarily committed to a local mental health
authority upon:
(a) a written application that:
(i) is completed by a responsible individual who has reason to know, stating a belief
that the adult, due to mental illness, is likely to pose substantial danger to self or others if not
restrained and stating the personal knowledge of the adult's condition or circumstances that
lead to the individual's belief; and
(ii) includes a certification by a licensed physician or designated examiner stating that
the physician or designated examiner has examined the adult within a three-day period
immediately preceding [
that
] 
the
 certification, and that the physician or designated examiner is
of the opinion that, due to mental illness, the adult poses a substantial danger to self or others;
or
(b) a peace officer or a mental health officer:
(i) observing an adult's conduct that gives the peace officer or mental health officer
probable cause to believe that:
(A) the adult has a mental illness; and
(B) because of the adult's mental illness and conduct, the adult poses a substantial
danger to self or others; and
(ii) completing a temporary commitment application that:
(A) is on a form prescribed by the division;
(B) states the peace officer's or mental health officer's belief that the adult poses a
substantial danger to self or others;
(C) states the specific nature of the danger;
(D) provides a summary of the observations upon which the statement of danger is
based; and
(E) provides a statement of the facts that called the adult to the peace officer's or
mental health officer's attention.
(2) If at any time a patient committed under this section no longer meets the
commitment criteria described in Subsection (1), the local mental health authority or the local
mental health authority's designee shall document the change and release the patient.
(3) A patient committed under this section may be held for a maximum of [
] 
hours after commitment, excluding Saturdays, Sundays, and legal holidays, unless:
(a) as described in Section 
62A-15-631
, an application for involuntary commitment is
commenced, which may be accompanied by an order of detention described in Subsection
62A-15-631
(4); or
(b) the patient makes a voluntary application for admission.
(4) Upon a written application described in Subsection (1)(a) or the observation and
belief described in Subsection (1)(b)(i), the adult shall be:
(a) taken into a peace officer's protective custody, by reasonable means, if necessary for
public safety; and
(b) transported for temporary commitment to a facility designated by the local mental
health authority, by means of:
(i) an ambulance, if the adult meets any of the criteria described in Section 
26-8a-305
;
(ii) an ambulance, if a peace officer is not necessary for public safety, and
transportation arrangements are made by a physician, designated examiner, or mental health
officer;
(iii) the city, town, or municipal law enforcement authority with jurisdiction over the
location where the [
individual to be committed
] 
adult
 is present, if the [
individual
] 
adult
 is not
transported by ambulance;
(iv) the county sheriff, if the designated facility is outside of the jurisdiction of the law
enforcement authority described in Subsection (4)(b)(iii) and the [
individual
] 
adult
 is not
transported by ambulance; or
(v) nonemergency secured behavioral health transport as that term is defined in Section
26-8a-102
.
(5) Notwithstanding Subsection (4):
(a) an individual shall be transported by ambulance to an appropriate medical facility
for treatment if the individual requires physical medical attention;
(b) if an officer has probable cause to believe, based on the officer's experience and
de-escalation training that taking an individual into protective custody or transporting an
individual for temporary commitment would increase the risk of substantial danger to the
individual or others, a peace officer may exercise discretion to not take the individual into
custody or transport the individual, as permitted by policies and procedures established by the
officer's law enforcement agency and any applicable federal or state statute, or case law; and
(c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
into protective custody or transport an individual, the officer shall document in the officer's
report the details and circumstances that led to the officer's decision.
(6) 
(a)
 Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this
section.
(b)
 This section does not create a special duty of care.
Section 6. Section 
62A-15-631
 is amended to read:
62A-15-631.
Involuntary commitment under court order -- Examination --
Hearing -- Power of court -- Findings required -- Costs.
(1) A responsible individual who has credible knowledge of an adult's mental illness
and the condition or circumstances that have led to the adult's need to be involuntarily
committed may initiate an involuntary commitment court proceeding by filing, in the district
court in the county where the proposed patient resides or is found, a written application that
includes:
(a) unless the court finds that the information is not reasonably available, the proposed
patient's:
(i) name;
(ii) date of birth; and
(iii) social security number;
(b) (i) a certificate of a licensed physician or a designated examiner stating that within
the seven-day period immediately preceding the certification, the physician or designated
examiner examined the proposed patient and is of the opinion that the proposed patient has a
mental illness and should be involuntarily committed; or
(ii) a written statement by the applicant that:
(A) the proposed patient has been requested to, but has refused to, submit to an
examination of mental condition by a licensed physician or designated examiner;
(B) is sworn to under oath; and
(C) states the facts upon which the application is based; and
(c) a statement whether the proposed patient has previously been under an assisted
outpatient treatment order, if known by the applicant.
(2) [
(a) Subject to Subsection (2)(b), before
] 
Before
 issuing a judicial order, the court
[
may
]
:
(a) shall
 require the applicant to consult with the appropriate local mental health
authority[
, and the court
] 
at or before the hearing; and
(b)
 may direct a mental health professional from [
that
] 
the
 local mental health authority
to interview the applicant and the proposed patient to determine the existing facts and report
[
them
] 
the existing facts
 to the court.
[
(b) The consultation described in Subsection (2)(a):
]
[
(i) may take place at or before the hearing; and
]
[
(ii) is required if the local mental health authority appears at the hearing.
]
[
(3) If the court finds from the application, from any other statements under oath, or
from any reports from a mental health professional that there is a reasonable basis to believe
that the proposed patient has a mental illness that poses a substantial danger to self or others
requiring involuntary commitment pending examination and hearing; or, if the proposed patient
has refused to submit to an interview with a mental health professional as directed by the court
or to go to a treatment facility voluntarily, the
]
(3) The
 court may issue an order, directed to a mental health officer or peace officer, to
immediately place [
the
] 
a
 proposed patient in the custody of a local mental health authority or
in a temporary emergency facility
,
 as [
provided
] 
described
 in Section 
62A-15-634
,
 to be
detained for the purpose of examination[
.
] 
if:
(a) the court finds from the application, any other statements under oath, or any reports
from a mental health professional that there is a reasonable basis to believe that the proposed
patient has a mental illness that poses a danger to self or others and requires involuntary
commitment pending examination and hearing; or
(b) the proposed patient refuses to submit to an interview with a mental health
professional as directed by the court or to go to a treatment facility voluntarily.
(4) 
(a)
 [
Notice
] 
The court shall provide notice
 of commencement of proceedings for
involuntary commitment, setting forth the allegations of the application and any reported facts,
together with a copy of any official order of detention, [
shall be provided by the court
] to a
proposed patient before, or upon, placement 
of the proposed patient
 in the custody of a local
mental health authority or, with respect to any proposed patient presently in the custody of a
local mental health authority whose status is being changed from voluntary to involuntary,
upon the filing of an application for that purpose with the court.
(b)
 [
A
] 
The place of detention shall maintain a
 copy of [
that
] 
the
 order of detention
[
shall be maintained at the place of detention
].
(5) 
(a)
 [
Notice of commencement of those proceedings shall be provided by the
] 
The
court 
shall provide notice of commencement of proceedings for involuntary commitment
 as
soon as practicable to the applicant, any legal guardian, any immediate adult family members,
legal counsel for the parties involved, the local mental health authority or [
its
] 
the local mental
health
 designee, and any other persons whom the proposed patient or the court [
shall designate.
That
] 
designates.
(b) Except as provided in Subsection (5)(c), the
 notice 
under Subsection (5)(a)
 shall
advise [
those
] 
the
 persons that a hearing may be held within the time provided by law.
(c)
 If the proposed patient [
has refused
] 
refuses
 to permit release of information
necessary for provisions of notice under this subsection, the 
court shall determine the
 extent of
notice [
shall be determined by the court
].
(6) Proceedings for commitment of an individual under [
the age of
] 18 years 
old
 to a
local mental health authority may be commenced in accordance with Part 7, Commitment of
Persons Under Age 18 to Division of Substance Abuse and Mental Health.
(7) 
(a)
 The district court may, in [
its
] 
the district court's
 discretion, transfer the case to
any other district court within this state, [
provided that
] 
if
 the transfer will not be adverse to the
interest of the proposed patient.
(b) If a case is transferred under Subsection (7)(a), the parties to the case may be
transferred and the local mental health authority may be substituted in accordance with Utah
Rules of Civil Procedure, Rule 25.
(8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
of a judicial order, or after commitment of a proposed patient to a local mental health authority
or [
its
] 
the local mental health authority's
 designee under court order for detention or
examination, the court shall appoint two designated examiners:
(a) who did not sign the civil commitment application nor the civil commitment
certification under Subsection (1);
(b) one of whom is a licensed physician; and
(c) one of whom may be designated by the proposed patient or the proposed patient's
counsel, if that designated examiner is reasonably available.
(9) The court shall schedule a hearing to be held within 10 calendar days [
of
] 
after
 the
day on which the designated examiners are appointed.
(10) 
(a)
 The designated examiners shall:
[
(a)
] 
(i)
 conduct [
their
] 
the
 examinations separately;
[
(b)
] 
(ii)
 conduct the examinations at the home of the proposed patient, at a hospital or
other medical facility, or at any other suitable place
, including through telehealth,
 that is not
likely to have a harmful effect on the proposed patient's health;
[
(c)
] 
(iii)
 inform the proposed patient, if not represented by an attorney:
[
(i)
] 
(A)
 that the proposed patient does not have to say anything;
[
(ii)
] 
(B)
 of the nature and reasons for the examination;
[
(iii)
] 
(C
 that the examination was ordered by the court;
[
(iv)
] 
(D)
 that any information volunteered could form part of the basis for the
proposed patient's involuntary commitment;
[
(v)
] 
(E)
 that findings resulting from the examination will be made available to the
court; and
[
(vi)
] 
(F)
 that the designated examiner may, under court order, obtain the proposed
patient's mental health records; and
[
(d)
] 
(iv)
 within 24 hours of examining the proposed patient, report to the court, orally
or in writing, whether the proposed patient is mentally ill, has agreed to voluntary commitment,
as described in Section 
62A-15-625
, or has acceptable programs available to the proposed
patient without court proceedings.
(b)
 If [
the
] 
a
 designated examiner reports orally 
under Subsection (10)(a)
, the
designated examiner shall immediately send a written report to the clerk of the court.
(11) If a designated examiner is unable to complete an examination on the first attempt
because the proposed patient refuses to submit to the examination, the court shall fix a
reasonable compensation to be paid to the examiner.
(12) If the local mental health authority, [
its
] 
the local mental health authority's
designee, or a medical examiner determines before the court hearing that the conditions
justifying the findings leading to a commitment hearing no longer exist, the local mental health
authority, [
its
] 
the local mental health authority's
 designee, or the medical examiner shall
immediately report [
that
] 
the
 determination to the court.
(13) The court may terminate the proceedings and dismiss the application at any time,
including [
prior to
] 
before
 the hearing, if the designated examiners or the local mental health
authority or [
its
] 
the local mental health authority's
 designee informs the court that the
proposed patient:
(a) does not meet the criteria in Subsection (16);
(b) has agreed to voluntary commitment, as described in Section 
62A-15-625
; [
or
]
(c) has acceptable options for treatment programs that are available without court
proceedings[
.
]
; or
(d) meets the criteria for assisted outpatient treatment described in Section
62A-15-630.5
.
(14) 
(a)
 Before the hearing, 
the court shall provide the proposed patient
 an opportunity
to be represented by counsel [
shall be afforded to the proposed patient
], and if neither the
proposed patient nor others provide counsel, the court shall appoint counsel and allow counsel
sufficient time to consult with the proposed patient before the hearing.
(b)
 In the case of an indigent proposed patient, the 
county in which the proposed
patient resides or is found shall make
 payment of reasonable attorney fees for counsel, as
determined by the court[
, shall be made by the county in which the proposed patient resides or
is found
].
(15) (a) 
(i)
 The 
court shall afford the
 proposed patient, the applicant, and [
all other
persons
] 
any other person
 to whom notice is required to be given [
shall be afforded
] an
opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses.
(ii)
 The court may, in [
its
] 
the court's
 discretion, receive the testimony of any other
person.
(iii)
 The court may allow a waiver of the proposed patient's right to appear for good
cause, which cause shall be set forth in the record, or an informed waiver by the patient, which
shall be included in the record.
(b) The court is authorized to exclude [
all persons
] 
any person
 not necessary for the
conduct of the proceedings and may, upon motion of counsel, require the testimony of each
designated
 examiner to be given out of the presence of any other 
designated
 examiners.
(c) The [
hearing shall be conducted
] 
court shall conduct the hearing
 in as informal a
manner as may be consistent with orderly procedure, and in a physical setting that is not likely
to have a harmful effect on the mental health of the proposed patient, while preserving the due
process rights of the proposed patient.
(d) The court shall consider [
all
] 
any
 relevant historical and material information that is
offered, subject to the rules of evidence, including reliable hearsay under Rule 1102, Utah
Rules of Evidence.
(e) (i) A local mental health authority or [
its
] 
the local mental health authority's
designee or the physician in charge of the proposed patient's care shall, at the time of the
hearing, provide the court with the following information:
(A) the detention order;
(B) admission notes;
(C) the diagnosis;
(D) any doctors' orders;
(E) progress notes;
(F) nursing notes;
(G) medication records pertaining to the current commitment; and
(H) whether the proposed patient has previously been civilly committed or under an
order for assisted outpatient treatment.
(ii) [
That
] 
The
 information 
described in Subsection (15)(e)(i)
 shall also be supplied to
the proposed patient's counsel at the time of the hearing, and at any time prior to the hearing
upon request.
(16) 
(a)
 The court shall order commitment of [
a
] 
an adult
 proposed patient [
who is 18
years of age or older
] to a local mental health authority if, upon completion of the hearing and
consideration of the information presented, the court finds by clear and convincing evidence
that:
[
(a)
] 
(i)
 the proposed patient has a mental illness;
[
(b)
] 
(ii)
 because of the proposed patient's mental illness the proposed patient poses a
substantial danger to self or others;
[
(c)
] 
(iii)
 the proposed patient lacks the ability to engage in a rational decision-making
process regarding the acceptance of mental treatment as demonstrated by evidence of inability
to weigh the possible risks of accepting or rejecting treatment;
[
(d)
] 
(iv)
 there is no appropriate less-restrictive alternative to a court order of
commitment; and
[
(e)
] 
(v)
 the local mental health authority can provide the proposed patient with
treatment that is adequate and appropriate to the proposed patient's conditions and needs. [
In
the absence of the required findings of the court after the hearing, the court shall dismiss the
proceedings.
]
(b) (i) If, at the hearing, the court determines that the proposed patient has a mental
illness but does not meet the other criteria described in Subsection (16)(a), the court may
consider whether the proposed patient meets the criteria for assisted outpatient treatment under
Section 
62A-15-630.5
.
(ii) The court may order the proposed patient to receive assisted outpatient treatment in
accordance with Section 
62A-15-630.5
 if, at the hearing, the court finds the proposed patient
meets the criteria for assisted outpatient treatment under Section 
62A-15-630.5
.
(iii) If the court determines that neither the criteria for commitment under Subsection
(16)(a), nor the criteria for assisted outpatient treatment under Section 
62A-15-630.5
 are met,
the court shall dismiss the proceedings after the hearing.
(17) (a) 
(i)
 The order of commitment shall designate the period for which the patient
shall be treated.
(ii)
 [
When
] 
If
 the patient is not under an order of commitment at the time of the
hearing, [
that
] 
the patient's treatment
 period may not exceed six months without [
benefit of
] a
review hearing.
(iii)
 Upon [
such
] a review hearing, to be commenced [
prior to
] 
before
 the expiration of
the previous order 
of commitment
, an order for commitment may be for an indeterminate
period, if the court finds by clear and convincing evidence that the [
required conditions
] 
criteria
described
 in Subsection (16) will last for an indeterminate period.
(b) 
(i)
 The court shall maintain a current list of all patients under [
its
] 
the court's
 order
of commitment[
. That list shall be reviewed
] 
and review the list
 to determine those patients
who have been under an order of commitment for the 
court
 designated period.
(ii)
 At least two weeks [
prior to
] 
before
 the expiration of the designated period of any
order of commitment still in effect, the court that entered the original order 
of commitment
shall inform the appropriate local mental health authority or [
its
] 
the local mental health
authority's
 designee 
of the expiration
.
(iii)
 [
The
] 
Upon receipt of the information described in Subsection (17)(b)(ii), the
 local
mental health authority or [
its
] 
the local mental health authority's
 designee shall immediately
reexamine the reasons upon which the order of commitment was based.
(iv)
 If
, after reexamination under Subsection (17)(b)(iv),
 the local mental health
authority or [
its
] 
the local mental health authority's
 designee determines that the conditions
justifying [
that
] commitment no longer exist, [
it
] 
the local mental health authority or the local
mental health authority's designee
 shall discharge the patient from involuntary commitment and
immediately report the discharge to the court.[
 Otherwise,
]
(v) If, after reexamination under Subsection (17)(b)(iv), the local mental health
authority or the local mental health authority's designee determines that the conditions
justifying commitment continue to exist,
 the court shall immediately appoint two designated
examiners and proceed under Subsections (8) through (14).
(c) 
(i)
 The local mental health authority or [
its
] 
the local mental health authority's
designee responsible for the care of a patient under an order of commitment for an
indeterminate period shall, at six-month intervals, reexamine the reasons upon which the order
of indeterminate commitment was based.
(ii)
 If the local mental health authority or [
its
] 
the local mental health authority's
designee determines that the conditions justifying [
that
] commitment no longer exist, [
that
] 
the
local mental health authority or [
its
] 
the local mental health authority's
 designee shall discharge
the patient from [
its
] 
the local mental health authority's or the local mental health authority
designee's
 custody and immediately report the discharge to the court.
(iii)
 If the local mental health authority or [
its
] 
the local mental health authority's
designee determines that the conditions justifying [
that
] commitment continue to exist, the
local mental health authority or [
its
] 
the local mental health authority's
 designee shall send a
written report of [
those
] 
the
 findings to the court.
(iv)
 [
The
] 
A
 patient and the patient's counsel of record shall be notified in writing that
the involuntary commitment will be continued 
under Subsection (17)(c)(iii)
, the reasons for
[
that
] 
the
 decision 
to continue
, and that the patient has the right to a review hearing by making
a request to the court.
(v)
 Upon receiving [
the
] 
a
 request 
under Subsection (17)(c)(iv)
, the court shall
immediately appoint two designated examiners and proceed under Subsections (8) through
(14).
(18) 
(a)
 Any patient committed as a result of an original hearing or a patient's legally
designated representative who is aggrieved by the findings, conclusions, and order of the court
entered in the original hearing has the right to a new hearing upon a petition filed with the court
within 30 days [
of the entry of
] 
after the day on which
 the court order 
is entered
.
(b)
 The petition [
must
] 
shall
 allege error or mistake in the findings, in which case the
court shall appoint three impartial designated examiners previously unrelated to the case to
conduct an additional examination of the patient.
(c)
 [
The
] 
Except as provided in Subsection (18)(b), the court shall, in all other respects,
conduct the
 new hearing [
shall, in all other respects, be conducted
] in the manner otherwise
permitted.
(19) [
Costs
] 
The county in which the proposed patient resides or is found shall pay the
costs
 of all proceedings under this section [
shall be paid by the county in which the proposed
patient resides or is found
].