Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 276 (2025GS)

Sponsor

Rep. Abbott, Nelson T.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends the definitions of "intellectual disability" and "intermediate care facility for people with an intellectual disability" as used in the Utah Code;
• amends provisions relating to the rights and privileges to which an individual is entitled when under commitment to the custody or to the treatment services of a local mental health authority;
• provides that if a right of a patient of a local mental health authority is limited or denied, including for the welfare of the patient or caretakers, the nature, extent, and reason for that limitation or denial shall be entered in the patient's treatment record;
• requires a designated examiner to conduct an examination of a proposed patient by telehealth except in certain circumstances;
• requires a court to hold a hearing on an application for involuntary commitment remotely unless the court finds good cause not to hold the hearing remotely;
• amends standards and processes related to the involuntary civil commitment of an individual with an intellectual disability or related condition;
• provides that a court may only order the Department of Health and Human Services (department) to provide an initial evaluation and progress toward competency evaluation for a defendant or minor if the defendant or minor is located within the state;
• requires a court to dismiss a petition for involuntary civil commitment if both designated examiners determine that the proposed patient does not meet the criteria for involuntary commitment;
• provides that when there is a conflict in the opinions of forensic evaluators, if a party seeks an additional competency evaluation then the party is responsible for selecting the evaluator and paying the cost of the evaluator;
• amends provisions regarding the release of a defendant determined to be incompetent to proceed from a secured setting;
• addresses when the department is required to provide an updated juvenile competency evaluation after an extended attainment period; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

41
26B-2-121
26B-2-122
26B-5-301
26B-5-310
26B-5-322
26B-5-332
26B-5-362
26B-5-371
26B-6-401
26B-6-606
26B-6-607
26B-6-608
26B-6-613
68-3-12.5
77-15-2
77-15-5
77-15-6
77-19-203
77-29-3
80-6-402
80-6-403
0
Commitment Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill addresses the commitment of individuals in relation to civil, criminal, and juvenile 
proceedings.
Highlighted Provisions:
This bill:
defines terms;
amends the definitions of "intellectual disability" and "intermediate care facility for 
people with an intellectual disability" as used in the Utah Code;
amends provisions relating to the rights and privileges to which an individual is entitled 
when under commitment to the custody or to the treatment services of a local mental 
health authority;
provides that if a right of a patient of a local mental health authority is limited or denied, 
including for the welfare of the patient or caretakers, the nature, extent, and reason for 
that limitation or denial shall be entered in the patient's treatment record;
requires a designated examiner to conduct an examination of a proposed patient by 
telehealth except in certain circumstances;
requires a court to hold a hearing on an application for involuntary commitment remotely 
unless the court finds good cause not to hold the hearing remotely;
amends standards and processes related to the involuntary civil commitment of an 
individual with an intellectual disability or related condition;
provides that a court may only order the Department of Health and Human Services 
(department) to provide an initial evaluation and progress toward competency evaluation 
for a defendant or minor if the defendant or minor is located within the state;
requires a court to dismiss a petition for involuntary civil commitment if both designated 
examiners determine that the proposed patient does not meet the criteria for involuntary 
commitment;
provides that when there is a conflict in the opinions of forensic evaluators, if a party 
seeks an additional competency evaluation then the party is responsible for selecting the 
evaluator and paying the cost of the evaluator;
amends provisions regarding the release of a defendant determined to be incompetent to 
proceed from a secured setting;
addresses when the department is required to provide an updated juvenile competency 
evaluation after an extended attainment period; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-121
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-122
, as last amended by Laws of Utah 2024, Chapter 240
26B-5-301
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-5-310
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-5-322
, as last amended by Laws of Utah 2023, Chapter 184 and renumbered and 
amended by Laws of Utah 2023, Chapter 308
26B-5-332
, as last amended by Laws of Utah 2024, Chapters 287, 299 and 314
26B-5-362
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-5-371
, as last amended by Laws of Utah 2023, Chapter 184 and renumbered and 
amended by Laws of Utah 2023, Chapter 308
26B-6-401
, as last amended by Laws of Utah 2024, Chapter 240
26B-6-606
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-6-607
, as last amended by Laws of Utah 2024, Chapter 299
26B-6-608
, as last amended by Laws of Utah 2024, Chapter 299
26B-6-613
, as renumbered and amended by Laws of Utah 2023, Chapter 308
68-3-12.5
, as last amended by Laws of Utah 2024, Chapter 438
77-15-2
, as last amended by Laws of Utah 2023, Chapter 171
77-15-5
, as last amended by Laws of Utah 2023, Chapters 171, 417 and last amended by 
Coordination Clause, Laws of Utah 2023, Chapter 417
77-15-6
, as last amended by Laws of Utah 2024, Chapter 174
77-19-203
, as enacted by Laws of Utah 2004, Chapter 137
77-29-3
, as enacted by Laws of Utah 1980, Chapter 15
80-6-402
, as last amended by Laws of Utah 2023, Chapter 330
80-6-403
, as last amended by Laws of Utah 2023, Chapter 330
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-2-121
 is amended to read:
26B-2-121
. Access to abuse and neglect information.
(1)
As used in this section:
(a)
"Direct service worker" means the same as that term is defined in Section 
26B-6-401
.
(b)
"Personal care attendant" means the same as that term is defined in Section 
26B-6-401
26B-6-101
.
(2)
With respect to a licensee, a direct service worker, or a personal care attendant, the 
department may access only the Licensing Information System of the Division of Child 
and Family Services created by Section 
80-2-1002
 and juvenile court records under 
Subsection 
80-3-404(4)
, for the purpose of:
(a)
(i)
determining whether a person associated with a licensee, with direct access to 
children:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under Subsections 
80-3-404(1)
 and 
(2)
; and
(ii)
informing a licensee that a person associated with the licensee:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under Subsections 
80-3-404(1)
 and 
(2)
;
(b)
(i)
determining whether a direct service worker:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under Subsections 
80-3-404(1)
 and 
(2)
; and
(ii)
informing a direct service worker or the direct service worker's employer that the 
direct service worker:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under Subsections 
80-3-404(1)
 and 
(2)
; or
(c)
(i)
determining whether a personal care attendant:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under Subsections 
80-3-404(1)
 and 
(2)
; and
(ii)
informing a person described in Subsections 
26B-6-101(9)(a)(i)
 through 
(iv)
 that 
a personal care attendant:
(A)
is listed in the Licensing Information System; or
(B)
has a substantiated finding by a juvenile court of a severe type of child abuse 
or neglect under Subsections 
80-3-404(1)
 and 
(2)
.
(3)
Notwithstanding Subsection 
(2)
, the department may access the Division of Child and 
Family Services' Management Information System under Section 
80-2-1001
:
(a)
for the purpose of licensing and monitoring foster parents;
(b)
for the purposes described in Subsection 
80-2-1001(5)(b)(iii)
; and
(c)
for the purpose described in Section 
26B-1-211
.
(4)
The department shall receive and process personal identifying information under 
Subsection 
26B-2-120(1)
 for the purposes described in Subsection 
(2)
.
(5)
The department shall adopt rules under 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, consistent with this part, defining the circumstances under which a 
person may have direct access or provide services to children when:
(a)
the person is listed in the Licensing Information System of the Division of Child and 
Family Services created by Section 
80-2-1002
; or
(b)
juvenile court records show that a court made a substantiated finding under Section 
80-3-404
, that the person committed a severe type of child abuse or neglect.
Section 2, Section 
26B-2-122
 is amended to read:
26B-2-122
. Access to vulnerable adult abuse and neglect information.
(1)
For purposes of this section:
(a)
"Direct service worker" means the same as that term is defined in Section 
26B-6-401
.
(b)
"Personal care attendant" means the same as that term is defined in Section 
26B-6-401
26B-6-101
.
(2)
With respect to a licensee, a direct service worker, or a personal care attendant, the 
department may access the database created by Section 
26B-6-210
 for the purpose of:
(a)
(i)
determining whether a person associated with a licensee, with direct access to 
vulnerable adults, has a supported or substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation; and
(ii)
informing a licensee that a person associated with the licensee has a supported or 
substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation;
(b)
(i)
determining whether a direct service worker has a supported or substantiated 
finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation; and
(ii)
informing a direct service worker or the direct service worker's employer that the 
direct service worker has a supported or substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation; or
(c)
(i)
determining whether a personal care attendant has a supported or substantiated 
finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation; and
(ii)
informing a person described in Subsections 
26B-6-401
(9)(a)(i) through (iv) that 
a personal care attendant has a supported or substantiated finding of:
(A)
abuse;
(B)
neglect; or
(C)
exploitation.
(3)
The department shall receive and process personal identifying information under 
Subsection 
26B-2-120
(2) for the purposes described in Subsection (2).
(4)
The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, consistent with this part and Chapter 6, Part 2, Abuse, Neglect, or 
Exploitation of a Vulnerable Adult, defining the circumstances under which a person 
may have direct access or provide services to vulnerable adults when the person is listed 
in the statewide database of the Division of Aging and Adult Services created by Section 
26B-6-210
 as having a supported or substantiated finding of abuse, neglect, or 
exploitation.
Section 3, Section 
26B-5-301
 is amended to read:
26B-5-301
. Definitions.
As used in this part, 
Part 4, Commitment of Persons Under Age 18
, and 
Part 5, Essential 
Treatment and Intervention
:
(1)
"Adult" means an individual 18 years old or older.
(2)
"Approved treatment facility or program" means a mental health or substance use 
treatment provider that meets the goals and measurements described in Subsection 
26B-5-102(2)(j)
.
(3)
"Assisted outpatient treatment" means involuntary outpatient mental health treatment 
ordered under Section 
26B-5-351
.
(4)
"Attending physician" means a physician licensed to practice medicine in this state who 
has primary responsibility for the care and treatment of the declarant.
(5)
"Attorney-in-fact" means an adult properly appointed under this part to make mental 
health treatment decisions for a declarant under a declaration for mental health treatment.
(6)
"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.
(7)
"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.
(8)
"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.
(9)
"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
.
(10)
"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.
(11)
"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.
(12)
"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.
(13)
"Incapable" means that, in the opinion of the court in a guardianship proceeding under 
Title 75, Utah Uniform Probate Code
, or in the opinion of two physicians, a person's 
ability to receive and evaluate information effectively or communicate decisions is 
impaired to such an extent that the person currently lacks the capacity to make mental 
health treatment decisions.
(14)
"Institution" means a hospital or a health facility licensed under Section 
26B-2-206
.
(15)
"Lay person" means an individual identified and authorized by a patient to participate 
in activities related to the patient's commitment, including court appearances, discharge 
planning, and grievances, except that a patient may revoke a lay person's authorization at 
any time.
(16)
"Local substance abuse authority" means the same as that term is defined in Section 
26B-5-101
 and described in Section 
17-43-201
.
(16)
(17)
"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.
(17)
(18)
"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.
(18)
(19)
"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.
(19)
(20)
"Mental health treatment" means convulsive treatment, treatment with 
psychoactive medication, or admission to and retention in a facility for a period not to 
exceed 17 days.
(20)
(21)
"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.
(21)
(22)
"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
.
(22)
(23)
"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.
(23)
(24)
"State hospital" means the Utah State Hospital established in Section 
26B-5-302
.
(24)
(25)
"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;
(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.
(25)
(26)
"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 4, Section 
26B-5-310
 is amended to read:
26B-5-310
. Restrictions and limitations -- Rights and privileges.
(1)
Subject to the general rules of the division,
 subject to the requirement in Subsection 
(2)
that the reason, nature, and extent of any limitation or denial of a patient's right shall be 
entered in the patient's treatment record,
 and except to the extent that the director or 
his
the director's
 designee determines that it is necessary for the welfare of the patient 
or the 
patient's caretakers 
to impose restrictions, every patient is entitled to:
(a)
(i)
communicate, by sealed mail or otherwise, with persons, including official 
agencies, inside or outside the 
facility
responsible mental health authority, local 
substance abuse authority, or approved treatment facility or program
;
(ii)
be provided with letter-writing materials, including postage; and
(iii)
have staff of the responsible mental health authority, local substance abuse 
authority, or approved treatment facility or program assist the patient if the patient 
is unable to write, prepare, or mail correspondence;
(b)
have frequent and consistent opportunities to 
receive visitors
; and
 at reasonable 
times that do not interfere with clinical activities;
(c)
speak or visit with the patient's attorney or clergy member within a reasonable period 
of time;
(d)
exercise all civil rights, including the right to dispose of property, execute 
instruments, make purchases, enter contractual relationships, and vote, unless the 
patient has been adjudicated to be incompetent and has not been restored to legal 
capacity
.
;
(e)
while in an inpatient or residential facility, have access to adequate water and food 
and have the patient's nutritional needs met in a manner that is consistent with 
recognized dietary practices;
(f)
be treated fairly, with respect and recognition of the patient's dignity and 
individuality;
(g)
not be discriminated against on the basis of a characteristic identified in Subsection 
57-21-5(1)
;
(h)
within 72 business hours after the patient's request, see and receive the services of a 
patient representative, including a peer specialist or patient advocate, who is not 
involved in the direct clinical care of the patient;
(i)
have the patient's behavioral health orders for scope of treatment, declaration for 
mental health treatment, or other psychiatric advance directive reviewed and 
considered as the preferred treatment option for involuntary administration of 
medications by the responsible local mental health authority, local substance abuse 
authority, or approved treatment facility or program, unless by clear and convincing 
evidence the patient's directive does not qualify as effective participation in 
behavioral health decision-making;
(j)
with the patient's consent, have the patient's information or records disclosed to an 
adult family member, the patient's lay person, or, in accordance with state and federal 
law, to a protection and advocacy system designated pursuant to 42 U.S.C. Sec. 
10801 et seq.;
(k)
(i)
access to a telephone to make and receive private calls, unless determined a 
clinical or safety risk; and
(ii)
staff assistance to be able to communicate with others, if the patient does not have 
a contact list;
(l)
wear the patient's own clothes, keep and use the patient's own possessions, and keep 
and be allowed to spend a reasonable amount of the patient's own money, unless 
deemed a clinical or safety risk; and
(m)
be told:
(i)
the reason for the patient's detainment and the limitation of the patient's 
detainment, including a description of the patient's right to refuse medication 
unless the patient requires emergency medications; and
(ii)
that the patient's commitment does not mean all treatment during commitment is 
mandatory.
(2)
(a)
When any right of a patient is limited or denied, the nature, extent, and reason for 
that limitation or denial shall be entered in the patient's treatment record. 
(b)
Information pertaining to a denial of any right of a patient shall be made available, 
upon request, to the patient, the patient's attorney, and the patient's lay person.
(c)
Any continuing denial or limitation 
of any right of a patient 
shall be reviewed every 
30 days and shall also be entered in 
that
the patient's
 treatment record. 
(d)
Notice of 
that
a
 continuing denial
 of any right of a patient
 in excess of 30 days shall 
be sent to the division, the 
appropriate
responsible
 local mental health authority, the 
appropriate local substance abuse authority, or an approved treatment facility or 
program
, whichever is most applicable to the patient
.
(3)
Notwithstanding any limitations authorized under this section on the right of 
communication, each patient is entitled to communicate by sealed mail with the 
appropriate local mental health authority, the appropriate local substance abuse 
authority, an approved treatment facility or program, the division, the patient's attorney, 
and the court, if any, that ordered the patient's commitment or essential treatment. In no 
case may the patient be denied a visit with the legal counsel or clergy of the patient's 
choice.
(4)
(3)
Local mental health authorities, local substance abuse authorities, and approved 
treatment facilities or programs shall provide reasonable means and arrangements for 
informing involuntary patients of their right to release as provided in this chapter, and 
for assisting them in making and presenting requests for release.
(5)
(4)
Mental
Local mental
 health facilities, local substance abuse authorities, and 
approved treatment facilities or programs shall post a statement, created by the division, 
describing a patient's rights under Utah law.
(6)
(5)
A local mental health authority, local substance abuse authority, or approved 
treatment facility or program may not intentionally retaliate or discriminate against a 
detained patient or employee for contacting or providing information to any official or to 
an employee of any state protection and advocacy agency or for initiating, participating 
in, or testifying in a grievance procedure or in an action for any remedy authorized 
pursuant to this section.
(6)
Notwithstanding Section 
53B-17-303
, an individual committed under this chapter has 
the right to determine the final disposition of that individual's body after death.
Section 5, Section 
26B-5-322
 is amended to read:
26B-5-322
. Criminal's escape -- Penalty.
Any person committed to the state hospital under the provisions of 
Title 77, Chapter 15, 
Inquiry into Sanity of Defendant
Title 77, Chapter 15, Defendant's Competency to Proceed
, or 
Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition
, who escapes 
or leaves the state hospital without proper legal authority is guilty of a class A misdemeanor.
Section 6, Section 
26B-5-332
 is amended to read:
26B-5-332
. 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 
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)
Before issuing a judicial order, the court:
(a)
shall require the applicant to consult with the appropriate local mental health 
authority at or before the hearing; and
(b)
may direct a mental health professional from the local mental health authority to 
interview the applicant and the proposed patient to determine the existing facts and 
report the existing facts to the court.
(3)
The court may issue an order, directed to a mental health officer or peace officer, to 
immediately place a proposed patient in the custody of a local mental health authority or 
in a temporary emergency facility, as described in Section 
26B-5-334
, 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)
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, 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)
The place of detention shall maintain a copy of the order of detention.
(5)
(a)
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 the local mental health authority's designee, and any other 
persons whom the proposed patient or the court designates.
(b)
Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall 
advise the persons that a hearing may be held within the time provided by law.
(c)
If the proposed patient refuses to permit release of information necessary for 
provisions of notice under this subsection, the court shall determine the extent of 
notice.
(6)
Proceedings for commitment of an individual under 18 years old to a local mental health 
authority may be commenced in accordance with Part 4, Commitment of Persons Under 
Age 18.
(7)
(a)
The court may, in the court's discretion, transfer the case to any other district court 
within this state, 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 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:
(i)
a licensed physician; or
(ii)
a psychiatric mental health nurse practitioner or a psychiatric mental health 
clinical nurse specialist who:
(A)
is nationally certified;
(B)
is doctorally trained; and
(C)
has at least two years of inpatient mental health experience, regardless of the 
license the individual held at the time of that experience; 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 after the day on 
which the designated examiners are appointed.
(10)
(a)
The designated examiners shall
:
(i)
conduct the examinations separately
;
.
(ii)
(b)
conduct the examinations at the home of the proposed patient, at a hospital or 
other medical facility, or at any other suitable place, including
The designated 
examiners shall conduct the examinations:
(i)
through telehealth
,
 unless the designated examiner determines that:
(A)
a telehealth examination would not be sufficient to properly assess the 
proposed patient;
(B)
a telehealth examination would have a harmful effect on the proposed patient's 
health; or
(C)
an in-person examination can be conducted as effectively, conveniently, and 
timely as an examination through telehealth; and
(ii)
if the designated examiner determines, pursuant to Subsection 
(10)(b)(i)
, that the 
examination should be conducted in person, at the home of the proposed patient, 
at a hospital or other medical facility, or at any other suitable place 
that is not 
likely to have a harmful effect on the proposed patient's health
;
.
(iii)
(c)
The designated examiners shall 
inform the proposed patient, if not represented 
by an attorney:
(A)
(i)
that the proposed patient does not have to say anything;
(B)
(ii)
of the nature and reasons for the examination;
(C)
(iii)
that the examination was ordered by the court;
(D)
(iv)
that any information volunteered could form part of the basis for the 
proposed patient's involuntary commitment;
(E)
(v)
that findings resulting from the examination will be made available to the 
court; and
(F)
(vi)
that the designated examiner may, under court order, obtain the proposed 
patient's mental health records
; and
.
(iv)
(d)
within
Within
 24 hours of examining the proposed patient, 
a designated 
examiner shall 
report to the court, orally or in writing, whether the proposed patient 
is mentally ill, has agreed to voluntary commitment, as described in Section 
26B-5-360
, or has acceptable programs available to the proposed patient without 
court proceedings.
(b)
(e)
If a designated examiner reports orally under Subsection 
(10)(a)
(10)(d)
, 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, 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, the local mental health authority's designee, or the medical examiner shall 
immediately report the determination to the court.
(13)
(a)
The court shall terminate the proceedings and dismiss the application before the 
hearing if both designated examiners inform the court that the proposed patient does 
not meet the criteria in Subsection 
(16)
.
(b)
The court may terminate the proceedings and dismiss the application at any time, 
including before the hearing, if the designated examiners or the local mental health 
authority or the local mental health authority's designee informs the court that the 
proposed patient:
(a)
does not meet the criteria in Subsection (16);
(b)
(i)
has agreed to voluntary commitment, as described in Section 
26B-5-360
;
(c)
(ii)
has acceptable options for treatment programs that are available without 
court proceedings; or
(d)
(iii)
meets the criteria for assisted outpatient treatment described in Section 
26B-5-351
.
(14)
(a)
Before the hearing, the court shall provide the proposed patient an opportunity to 
be represented by counsel, 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.
(15)
(a)
(i)
The court shall afford the proposed patient, the applicant, and any other 
person to whom notice is required to be given an opportunity to appear at the 
hearing, to testify, and to present and cross-examine witnesses.
(ii)
The court may, in 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 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 court shall
:
(i)
conduct the hearing in as informal a manner as may be consistent with orderly 
procedure
, and
; and
(ii)
while preserving the due process rights of the proposed patient:
(A)
conduct the hearing remotely, in accordance with Utah Rules of Civil 
Procedure, Rule 87, unless the court finds good cause under Rule 87 not to 
conduct the hearing remotely; or
(B)
if the court finds good cause under Rule 87 not to conduct the hearing 
remotely, conduct the hearing 
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 any relevant historical and material information that is 
offered, subject to the rules of evidence, including reliable hearsay under Utah Rules 
of Evidence, Rule 1102.
(e)
(i)
A local mental health authority or 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)
The 
local mental health authority or the local mental health authority's designee 
or the physician in charge of the proposed patient's care shall also supply 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
 by the proposed patient's counsel
.
(16)
(a)
The court shall order commitment of an adult proposed patient 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:
(i)
(A)
the proposed patient has a mental illness;
(B)
because of the proposed patient's mental illness the proposed patient poses a 
substantial danger to self or others;
(C)
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)
there is no appropriate less-restrictive alternative to a court order of 
commitment; and
(E)
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; or
(ii)
(A)
the proposed patient has been charged with a criminal offense;
(B)
with respect to the charged offense, the proposed patient is found incompetent 
to proceed as a result of a mental illness;
(C)
the proposed patient has a mental illness;
(D)
the proposed patient has a persistent unawareness of their mental illness and 
the negative consequences of that illness, or within the preceding six months 
has been requested or ordered to undergo mental health treatment but has 
unreasonably refused to undergo that treatment;
(E)
there is no appropriate less-restrictive alternative to a court order of 
commitment; and
(F)
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.
(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 
26B-5-351
.
(ii)
The court may order the proposed patient to receive assisted outpatient treatment 
in accordance with Section 
26B-5-351
 if, at the hearing, the court finds the 
proposed patient meets the criteria for assisted outpatient treatment under Section 
26B-5-351
.
(iii)
If the court determines that neither the criteria for commitment under Subsection 
(16)(a) nor the criteria for assisted outpatient treatment under Section 
26B-5-351
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)
If the patient is not under an order of commitment at the time of the hearing, the 
patient's treatment period may not exceed six months without a review hearing.
(iii)
Upon a review hearing, to be commenced 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 criteria 
described in Subsection (16) will last for an indeterminate period.
(b)
(i)
The court shall maintain a current list of all patients under the court's order of 
commitment 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 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 the local mental 
health authority's designee of the expiration.
(iii)
Upon receipt of the information described in Subsection (17)(b)(ii), the local 
mental health authority or 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)(iii), the local mental health 
authority or the local mental health authority's designee determines that the 
conditions justifying commitment no longer exist, 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.
(v)
If, after reexamination under Subsection (17)(b)(iii), 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 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 the local mental health authority's designee 
determines that the conditions justifying commitment no longer exist, the local 
mental health authority or the local mental health authority's designee shall 
discharge the patient from 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 the local mental health authority's designee 
determines that the conditions justifying commitment continue to exist, the local 
mental health authority or the local mental health authority's designee shall send a 
written report of the findings to the court.
(iv)
A
The local mental health authority or the local mental health authority's 
designee shall notify the
 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 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 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 
filing 
a 
petition 
filed 
with the court within 30 days after the day on which the court 
entered 
the 
order
 is entered
.
(b)
The petition 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)
Except as provided in Subsection (18)(b), the court shall, in all other respects, 
conduct the new hearing in the manner otherwise permitted.
(19)
The county in which the proposed patient resides or is found shall pay the costs of all 
proceedings under this section.
(20)
(a)
A local mental health authority shall provide discharge instructions to each 
individual committed under this section at or before the time the individual is 
discharged from the local mental health authority's custody, regardless of the 
circumstances under which the individual is discharged.
(b)
Discharge instructions provided under Subsection 
(20)(a)
 shall include:
(i)
a summary of why the individual was committed to the local mental health 
authority;
(ii)
detailed information about why the individual is being discharged from the local 
mental health authority's custody;
(iii)
a safety plan for the individual based on the individual's mental illness or mental 
or emotional state;
(iv)
notification to the individual's primary care provider, if applicable;
(v)
if the individual is discharged without food, housing, or economic security, a 
referral to appropriate services, if such services exist in the individual's 
community;
(vi)
the phone number to call or text for a crisis services hotline, and information 
about the availability of peer support services;
(vii)
a copy of any psychiatric advance directive presented to the local mental health 
authority, if applicable;
(viii)
information about how to establish a psychiatric advance directive if one was 
not presented to the local mental health authority;
(ix)
as applicable, information about medications that were changed or discontinued 
during the commitment;
(x)
a list of any screening or diagnostic tests conducted during the commitment;
(xi)
a summary of therapeutic treatments provided during the commitment;
(xii)
any laboratory work, including blood samples or imaging, that was completed or 
attempted during the commitment; and
(xiii)
information about how to contact the local mental health authority if needed.
(c)
If an individual's medications were changed, or if an individual was prescribed new 
medications while committed under this section, discharge instructions provided 
under Subsection 
(20)(a)
 shall include a clinically appropriate supply of medications, 
as determined by a licensed health care provider, to allow the individual time to 
access another health care provider or follow-up appointment.
(d)
If an individual refuses to accept discharge instructions, the local mental health 
authority shall document the refusal in the individual's medical record.
(e)
If an individual's discharge instructions include referrals to services under Subsection 
(20)(b)(v)
, the local mental health authority shall document those referrals in the 
individual's medical record.
(f)
The local mental health authority shall attempt to follow up with a discharged 
individual at least 48 hours after discharge, and may use peer support professionals 
when performing follow-up care or developing a continuing care plan.
(21)
If any provision of Subsection 
(16)(a)(ii)
 or the application of any provision of 
Subsection 
(16)(a)
(ii) to any person or circumstance is held invalid by a court with 
jurisdiction, the remainder of Subsection 
(16)(a)(ii)
 shall be given effect without the 
invalid provision or application. The provisions of Subsection 
(16)(a)(ii)
 are severable.
Section 7, Section 
26B-5-362
 is amended to read:
26B-5-362
. Commitment and care of criminally insane.
Nothing contained in this part may be construed to alter or change the method presently 
employed for the commitment and care of the criminally insane as provided in 
Title 77, 
Chapter 15, Inquiry into Sanity of Defendant
Title 77, Chapter 15, Defendant's Competency to 
Proceed
.
Section 8, Section 
26B-5-371
 is amended to read:
26B-5-371
. Utah Forensic Mental Health Facility -- Design and operation -- 
Security.
(1)
The forensic mental health facility is a secure treatment facility.
(2)
(a)
The forensic mental health facility accommodates the following populations:
(i)
prison inmates displaying mental illness necessitating treatment in a secure mental 
health facility;
(ii)
criminally adjudicated persons found guilty with a mental illness or guilty with a 
mental condition at the time of the offense undergoing evaluation for a mental 
condition under 
Title 77, Chapter 16a, Commitment and Treatment of Individuals 
with a Mental Condition
;
(iii)
criminally adjudicated persons undergoing evaluation for competency or found 
guilty with a mental condition or guilty with a mental condition at the time of the 
offense under 
Title 77, Chapter 16a, Commitment and Treatment of Individuals 
with a Mental Condition
, who also have an intellectual disability;
(iv)
persons undergoing evaluation for competency or found by a court to be 
incompetent to proceed in accordance with 
Title 77, Chapter 15, Inquiry into 
Sanity of Defendant
Title 77, Chapter 15, Defendant's Competency to Proceed
, or 
not guilty by reason of insanity under 
Title 77, Chapter 14, Defenses
;
(v)
persons who are civilly committed to the custody of a local mental health 
authority in accordance with this part, and who may not be properly supervised by 
the Utah State Hospital because of a lack of necessary security, as determined by 
the superintendent or the superintendent's designee; and
(vi)
persons ordered to commit themselves to the custody of the division for 
treatment at the Utah State Hospital as a condition of probation or stay of sentence 
pursuant to 
Title 77, Chapter 18, The Judgment
.
(b)
Placement of an offender in the forensic mental health facility under any category 
described in Subsection 
(2)(a)(ii)
, 
(iii)
, 
(iv)
, or 
(vi)
 shall be made on the basis of the 
offender's status as established by the court at the time of adjudication.
(c)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
department shall make rules providing for the allocation of beds to the categories 
described in Subsection 
(2)(a)
.
(3)
The department shall:
(a)
own and operate the forensic mental health facility;
(b)
provide and supervise administrative and clinical staff; and
(c)
provide security staff who are trained as psychiatric technicians.
(4)
Pursuant to Subsection 
26B-5-303(3)
 the executive director shall designate individuals 
to perform security functions for the state hospital.
Section 9, Section 
26B-6-401
 is amended to read:
26B-6-401
. Definitions.
As used in this part:
(1)
"Approved provider" means a person approved by the division to provide home-and 
community-based services.
(2)
"Board" means the Utah State Developmental Center Board created under Section 
26B-1-429
.
(3)
(a)
"Brain injury" means an acquired injury to the brain that is neurological in nature, 
including a cerebral vascular accident.
(b)
"Brain injury" does not include a deteriorating disease.
(4)
"Designated intellectual disability professional" means:
(a)
a psychologist licensed under Title 58, Chapter 61, Psychologist Licensing Act, who:
(i)
(A)
has at least one year of specialized training in working with persons with an 
intellectual disability; or
(B)
has at least one year of clinical experience with persons with an intellectual 
disability; and
(ii)
is designated by the division as specially qualified, by training and experience, in 
the treatment of an intellectual disability; or
(b)
a clinical social worker, certified social worker, marriage and family therapist, or 
professional counselor, licensed under Title 58, Chapter 60, Mental Health 
Professional Practice Act, who:
(i)
has at least two years of clinical experience with persons with an intellectual 
disability; and
(ii)
is designated by the division as specially qualified, by training and experience, in 
the treatment of an intellectual disability.
(5)
"Deteriorating disease" includes:
(a)
multiple sclerosis;
(b)
muscular dystrophy;
(c)
Huntington's chorea;
(d)
Alzheimer's disease;
(e)
ataxia; or
(f)
cancer.
(6)
"Developmental center" means the Utah State Developmental Center, established in 
accordance with Part 5, Utah State Developmental Center.
(7)
"Director" means the director of the Division of Services for People with Disabilities.
(8)
"Direct service worker" means a person who provides services to a person with a 
disability:
(a)
when the services are rendered in:
(i)
the physical presence of the person with a disability; or
(ii)
a location where the person rendering the services has access to the physical 
presence of the person with a disability; and
(b)
(i)
under a contract with the division;
(ii)
under a grant agreement with the division; or
(iii)
as an employee of the division.
(9)
(a)
"Disability" means a severe, chronic disability that:
(i)
is attributable to:
(A)
an intellectual disability;
(B)
a condition that qualifies a person as a person with a related condition, as 
defined in 42 C.F.R. Sec. 435.1010;
(C)
a physical disability; or
(D)
a brain injury;
(ii)
is likely to continue indefinitely;
(iii)
(A)
for a condition described in Subsection (9)(a)(i)(A), (B), or (C), results in 
a substantial functional limitation in three or more of the following areas of 
major life activity:
(I)
self-care;
(II)
receptive and expressive language;
(III)
learning;
(IV)
mobility;
(V)
self-direction;
(VI)
capacity for independent living; or
(VII)
economic self-sufficiency; or
(B)
for a condition described in Subsection (9)(a)(i)(D), results in a substantial 
limitation in three or more of the following areas:
(I)
memory or cognition;
(II)
activities of daily life;
(III)
judgment and self-protection;
(IV)
control of emotions;
(V)
communication;
(VI)
physical health; or
(VII)
employment; and
(iv)
requires a combination or sequence of special interdisciplinary or generic care, 
treatment, or other services that:
(A)
may continue throughout life; and
(B)
must be individually planned and coordinated.
(b)
"Disability" does not include a condition due solely to:
(i)
mental illness;
(ii)
personality disorder;
(iii)
deafness or being hard of hearing;
(iv)
visual impairment;
(v)
learning disability;
(vi)
behavior disorder;
(vii)
substance abuse; or
(viii)
the aging process.
(10)
"Division" means the Division of Services for People with Disabilities.
(11)
"Eligible to receive division services" or "eligibility" means qualification, based on 
criteria established by the division, to receive services that are administered by the 
division.
(12)
"Endorsed program" means a facility or program that:
(a)
is operated:
(i)
by the division; or
(ii)
under contract with the division; or
(b)
provides services to a person committed to the division under Part 6, Admission to 
an Intermediate Care Facility for People with an Intellectual Disability.
(13)
"Licensed physician" means:
(a)
an individual licensed to practice medicine under:
(i)
Title 58, Chapter 67, Utah Medical Practice Act; or
(ii)
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(b)
a medical officer of the United States Government while in this state in the 
performance of official duties.
(14)
"Limited support services" means services that are administered by the division to 
individuals with a disability:
(a)
under a waiver authorized under 42 U.S.C. Sec. 1396n(c) by the Centers for 
Medicare and Medicaid Services that permits the division to limit services to an 
individual who is eligible to receive division services; and
(b)
through a program that:
(i)
was not operated by the division on or before January 1, 2020; and
(ii)
(A)
limits the kinds of services that an individual may receive; or
(B)
sets a maximum total dollar amount for program services provided to each 
individual.
(15)
"Physical disability" means a medically determinable physical impairment that has 
resulted in the functional loss of two or more of a person's limbs.
(16)
"Public funds" means state or federal funds that are disbursed by the division.
(17)
(a)
"Related condition" means a severe, chronic condition that:
(i)
manifests before the day on which an individual turns 22 years old;
(ii)
is likely to continue indefinitely;
(iii)
results in substantial functional limitations;
(iv)
is closely related to an intellectual disability because the condition results in the 
impairment of:
(A)
general intellectual functioning, similar to that of an individual with an 
intellectual disability; or
(B)
adaptive behavior, similar to that of an individual with an intellectual 
disability; and
(v)
requires treatment or services similar to the treatment or services required for an 
individual with an intellectual disability.
(b)
"Related condition" does not include mental illness, as that term is defined in Section 
26B-5-301
.
(17)
(18)
"Resident" means an individual under observation, care, or treatment in an 
intermediate care facility for people with an intellectual disability.
(19)
"Substantial danger" means that because of an intellectual disability or related 
condition, an individual is at risk of:
(a)
suicide;
(b)
serious bodily self-injury;
(c)
serious bodily injury because the individual lacks capacity to provide the basic 
necessities of life, such as food, clothing, or shelter;
(d)
causing or attempting to cause serious bodily injury or serious emotional harm to 
another individual;
(e)
engaging in harmful sexual conduct, as that term is defined in Section 
26B-5-301
; or
(f)
suffering serious physical harm or serious emotional harm as a result of being 
exploited, abused, or neglected.
(18)
(20)
"Sustainability fund" means the Utah State Developmental Center Long-Term 
Sustainability Fund created in Section 
26B-1-331
.
Section 10, Section 
26B-6-606
 is amended to read:
26B-6-606
. Involuntary commitment.
An individual 
with an intellectual disability or related condition 
may not be involuntarily 
committed to 
an intermediate care facility for people with an intellectual disability
the division
except in accordance with Sections 
26B-6-607
 and 
26B-6-608
.
Section 11, Section 
26B-6-607
 is amended to read:
26B-6-607
. Temporary emergency commitment -- Observation and evaluation.
(1)
The director of the division or his designee may temporarily commit an individual to 
the division and therefore, as a matter of course, to an intermediate care facility for 
people with an intellectual disability for observation and evaluation
An individual with 
an intellectual disability or related condition may be committed to the division on an 
emergency basis
 upon
:
(a)
written application by a responsible person who has reason to know that the 
individual is in need of commitment, stating:
(i)
a belief that the individual has an intellectual disability and is likely to cause 
serious injury to self or others if not immediately committed;
(ii)
personal knowledge of the individual's condition; and
(iii)
the circumstances supporting that belief; or
(b)
certification by a 
licensed physician or 
designated intellectual disability 
professional stating that the 
physician or 
designated intellectual disability 
professional:
(i)
(a)
has examined the individual within a three-day period
, excluding Saturdays, 
Sundays, and state holidays,
 immediately preceding the certification; and
(ii)
(b)
is of the opinion that the individual has an intellectual disability
 or related 
condition
, and that because of the individual's intellectual disability 
is likely to injure
or related condition is a substantial danger to
 self or others
 if not immediately 
committed
.
(2)
If the individual in need of commitment is not placed in the custody of the director or 
the director's designee by the person submitting the 
application, the director's
certification, the director
 or the director's designee may certify, either in writing or orally 
that the individual is in need of immediate commitment to prevent 
injury
posing 
substantial danger
 to self or others.
(3)
Upon receipt of the 
application
certification
 required by Subsection 
(1)(a) and the 
certifications required by Subsections (1)(b) and (2)
(2)
, a peace officer 
may take the 
individual named in the application and certificates into custody, and 
may transport the 
individual to a 
designated intermediate care facility for people with an intellectual 
disability
placement designated by the division
.
(4)
(a)
An individual committed under this section may be held for a maximum of 
72 
hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that 
time,
10 days, after which
 the individual shall be released unless proceedings for 
involuntary commitment have been commenced under Section 
26B-6-608
.
(b)
After
If
 proceedings for involuntary commitment have been commenced
 the 
individual shall be released unless an order of detention is issued in accordance with 
Section 
26B-6-608
, an emergency order under this section remains in effect until:
(i)
the division determines that the conditions justifying commitment no longer exist; 
or
(ii)
a court order is issued pursuant to Section 
26B-6-608
.
(5)
(a)
If an individual is committed to the division under this section
 on the application 
of any person other than the individual's legal guardian, spouse, parent, or next of kin
, 
the director or 
his
the director's
 designee shall immediately give notice of the 
commitment to the individual's legal guardian
, spouse, parent, or next of kin
, if 
known.
(b)
(i)
Immediately after an individual is committed to the division under this section, 
the division shall inform the individual, orally and in writing, of the individual's 
right to communicate with an attorney.
(ii)
If the individual desires to communicate with an attorney, the division shall take 
immediate steps to assist the individual in contacting and communicating with an 
attorney.
(6)
(a)
The division 
or an intermediate care facility 
shall provide discharge instructions 
to each individual committed under this section at or before the time the individual is 
discharged from the custody of the division
 or intermediate
 care facility
, 
regardless of whether the individual is discharged by being released or under other 
circumstances.
(b)
Discharge instructions provided under Subsection (6)(a) shall include:
(i)
a summary of why the individual was committed;
(ii)
detailed information about why the individual is being discharged;
(iii)
a safety plan for the individual based on the individual's intellectual disability 
and condition;
(iv)
notification to the individual's primary care provider, if applicable;
(v)
if the individual is discharged without food, housing, or economic security, a 
referral to appropriate services, if such services exist in the individual's 
community;
(vi)
the phone number to call or text for a crisis services hotline, and information 
about the availability of peer support services;
(vii)
a copy of any advance directive presented to the local mental health authority, if 
applicable;
(viii)
information about how to establish an advance directive if one was not 
presented to the division
 or intermediate
 care facility
;
(ix)
as applicable, information about medications that were changed or discontinued 
during the commitment;
(x)
a list of any screening or diagnostic tests conducted during the commitment;
(xi)
a summary of therapeutic treatments provided during the commitment;
(xii)
any laboratory work, including blood samples or imaging, that was completed or 
attempted during the commitment; and
(xiii)
information about how to contact the division
 or intermediate
 care facility
 if 
needed.
(c)
If an individual's medications were changed, or if an individual was prescribed new 
medications while committed under this section, discharge instructions provided 
under Subsection (6)(a) shall include a clinically appropriate supply of medications, 
as determined by a licensed health care provider, to allow the individual time to 
access another health care provider or follow-up appointment.
(d)
If an individual refuses to accept discharge instructions, the division
 or intermediate
 care facility
 shall document the refusal in the individual's medical record.
(e)
If an individual's discharge instructions include referrals to services under Subsection 
(6)(b)(v), the division
 or intermediate
 care facility
 shall document those referrals 
in the individual's medical record.
(f)
The division shall attempt to follow up with a discharged individual at least 48 hours 
after discharge, and may use peer support professionals when performing follow-up 
care or developing a continuing care plan.
Section 12, Section 
26B-6-608
 is amended to read:
26B-6-608
. Involuntary commitment -- Procedures -- Necessary findings -- 
Periodic review.
(1)
Any responsible person who has reason to know that an individual is in need of 
commitment, who has a belief that the individual has an intellectual disability, and who 
has personal knowledge of the conditions and circumstances supporting that belief, may 
commence proceedings for involuntary commitment by filing a written petition with the 
district court, or if the subject of the petition is less than 18 years old with the juvenile 
court, of the county in which the individual to be committed is physically located at the 
time the petition is filed. The application shall be accompanied by:
(a)
a certificate of a licensed physician or a designated intellectual disability 
professional, stating that within a seven-day period immediately preceding the 
certification, the physician or designated intellectual disability professional examined 
the individual and believes that the individual has an intellectual disability and is in 
need of involuntary commitment; or
(b)
a written statement by the petitioner that:
(i)
states that the individual was requested to, but refused to, submit to an 
examination for an intellectual disability by a licensed physician or designated 
intellectual disability professional, and that the individual refuses to voluntarily go 
to the division or an intermediate care facility for people with an intellectual 
disability recommended by the division for treatment;
(ii)
is under oath; and
(iii)
sets forth the facts on which the statement is based.
(2)
Before issuing a detention order, the court may require the petitioner to consult with 
personnel at the division or at an intermediate care facility for people with an intellectual 
disability and may direct a designated intellectual disability professional to interview the 
petitioner and the individual to be committed, to determine the existing facts, and to 
report them to the court.
(3)
The court may issue a detention order and may direct a peace officer to immediately 
take the individual to an intermediate care facility for people with an intellectual 
disability to be detained for purposes of an examination if the court finds from the 
petition, from other statements under oath, or from reports of physicians or designated 
intellectual disability professionals that there is a reasonable basis to believe that the 
individual to be committed:
(a)
poses an immediate danger of physical injury to self or others;
(b)
requires involuntary commitment pending examination and hearing;
(c)
the individual was requested but refused to submit to an examination by a licensed 
physician or designated intellectual disability professional; or
(d)
the individual refused to voluntarily go to the division or to an intermediate care 
facility for people with an intellectual disability recommended by the division.
(4)
(a)
If the court issues a detention order based on an application that did not include 
a certification by a designated intellectual disability professional or physician in 
accordance with Subsection (1)(a), the director or his designee shall within 24 hours 
after issuance of the detention order, excluding Saturdays, Sundays, and legal 
holidays, examine the individual, report the results of the examination to the court 
and inform the court:
(i)
whether the director or his designee believes that the individual has an intellectual 
disability; and
(ii)
whether appropriate treatment programs are available and will be used by the 
individual without court proceedings.
(b)
If the report of the director or his designee is based on an oral report of the 
examiner, the examiner shall immediately send the results of the examination in 
writing to the clerk of the court.
(5)
Immediately after an individual is involuntarily committed under a detention order or 
under Section 
26B-6-607
, the director or his designee shall inform the individual, orally 
and in writing, of his right to communicate with an attorney. If an individual desires to 
communicate with an attorney, the director or his designee shall take immediate steps to 
assist the individual in contacting and communicating with an attorney.
(1)
(a)
Any responsible person who has reason to know that an individual is in need of 
commitment, who has a belief that the individual has an intellectual disability or 
related condition, and who has personal knowledge of the conditions and 
circumstances supporting that belief, may make a referral to the division to conduct 
an assessment to determine if the individual meets the criteria for involuntary 
commitment under this section.
(b)
(i)
To conduct an assessment of an individual who may be in need of commitment 
under this section, the division shall have two designated intellectual disability 
professionals examine the individual.
(ii)
The examinations described in Subsection (1)(b)(i) shall be conducted separately 
and at a suitable location not likely to have a harmful effect on the individual 
being examined.
(c)
If the designated intellectual disability professionals who conduct the examinations 
described in Subsection (1)(b)(i) both believe the examined individual meets the 
criteria for involuntary commitment under this section, the division may file a written 
petition to commence involuntary commitment proceedings with the district court, or 
with the juvenile court if the subject of the petition is less than 18 years old, of the 
county in which the subject of the petition is physically located at the time the 
petition is filed.
(d)
(i)
The division shall include with a petition described in Subsection (1)(c) a 
certification from each of the designated intellectual disability professionals who 
examined the subject of the petition.
(ii)
A designated intellectual disability professional's certification shall state that:
(A)
within a seven-day period immediately preceding the filing of the petition, the 
designated intellectual disability professional examined the subject of the 
petition separate from the other designated intellectual disability professional; 
and
(B)
it is the designated intellectual disability professional's belief that the subject 
of the petition has an intellectual disability or related condition and meets the 
criteria for involuntary commitment under this section.
(2)
(a)
If, pursuant to Title 77, Chapter 15, Defendant's Competency to Proceed, or Title 
80, Chapter 6, Part 4, Competency, a prosecutor informs a court that commitment 
proceedings will be initiated, the prosecutor shall make a referral to the division 
pursuant to Subsection (1).
(b)
If a prosecutor makes a referral to the division pursuant to Subsection (1), the 
division shall complete an assessment as described in Subsection (1)(b) within seven 
days after the day on which the prosecutor makes the referral unless the court 
enlarges the time for good cause shown.
(c)
Upon completion of the assessment described in Subsection (2)(b), if the designated 
intellectual disability professionals who examine the individual who is the subject of 
the referral both certify that they believe the individual meets the criteria for 
involuntary commitment under this section, the division may file a petition to 
commence involuntary commitment proceedings in accordance with Subsections 
(1)(c) and (d).
(6)
(3)
(a)
Immediately after 
commencement of proceedings
the division files a petition
for involuntary commitment
 under this section
, the court shall
:
(i)
schedule a hearing on the petition for no later than 10 days after the day on which 
the division filed the petition; and
(ii)
give notice of commencement of the proceedings to:
(i)
(A)
the individual to be committed;
(ii)
(B)
the 
applicant
referent under Subsection 
(1)
(a) or (2)(a), if applicable
;
(iii)
(C)
any legal guardian of the individual;
(iv)
(D)
adult members of the individual's immediate family;
(v)
(E)
legal counsel of the individual to be committed, if any;
(vi)
(F)
the division; and
(vii)
(G)
any other person to whom the individual requests, or the court 
designates, notice to be given.
(b)
If an individual cannot or refuses to disclose the identity of persons to be notified, 
the extent of notice shall be determined by the court.
(7)
(4)
That notice
The notice described in Subsection (3)
 shall:
(a)
set forth the allegations of the petition and all supporting facts;
(b)
be accompanied by a copy of 
any detention
an emergency
 order issued under 
Subsection (3)
Section 
26B-6-607
, if applicable
; and
(c)
state that a hearing will be held within the time provided by law, and give the time 
and place for that hearing.
(8)
(5)
The court may transfer the case and the custody of the individual to be committed 
to any other district court within the state
, if:
 if the individual resides in another 
jurisdiction within the state.
(a)
there are no appropriate facilities for persons with an intellectual disability within 
the judicial district; and
(b)
the transfer will not be adverse to the interests of the individual.
(9)
(a)
Within 24 hours, excluding Saturdays, Sundays, and legal holidays, after any 
order or commitment under a detention order, the court shall appoint two designated 
intellectual disability professionals to examine the individual. If requested by the 
individual's counsel, the court shall appoint a reasonably available, qualified person 
designated by counsel to be one of the examining designated intellectual disability 
professionals. The examinations shall be conducted:
(i)
separately;
(ii)
at the home of the individual to be committed, a hospital, an intermediate care 
facility for people with an intellectual disability, or any other suitable place not 
likely to have a harmful effect on the individual; and
(iii)
within a reasonable period of time after appointment of the examiners by the 
court.
(b)
The court shall set a time for a hearing to be held within 10 court days of the 
appointment of the examiners. However, the court may immediately terminate the 
proceedings and dismiss the application if, prior to the hearing date, the examiners, 
the director, or his designee informs the court that:
(i)
the individual does not have an intellectual disability; or
(ii)
treatment programs are available and will be used by the individual without court 
proceedings.
(10)
(6)
(a)
(i)
Each individual has the right to be represented by counsel at the 
commitment hearing and in all preliminary proceedings. 
(ii)
If neither the individual nor others provide counsel, 
the court shall appoint 
counsel and allow sufficient time for counsel to consult with the individual prior 
to any hearing.
(b)
If the individual is indigent, the county in which the individual was physically 
located when taken into custody shall pay reasonable attorney fees as determined by 
the court.
(11)
(7)
The division or a designated intellectual disability professional in charge of the 
individual's care
Upon order of the court, the division or the division's designee
 shall 
provide all 
documented information on
relevant documentation on
 the individual to be 
committed 
and 
to the court 
at the time of the hearing. The
and the
 individual's 
attorney
 shall have access to all documented information on the individual at the time 
of and prior to the hearing
.
(12)
(8)
(a)
The court shall provide an opportunity to the individual, the petitioner, and 
all other persons to whom notice is required to be given to appear at the hearing, to 
testify, and to present and cross-examine witnesses.
(b)
The court may, in its discretion:
(i)
receive the testimony of any other person;
(ii)
allow a waiver of the right to appear only for good cause shown;
(iii)
exclude from the hearing all persons not necessary to conduct the proceedings; 
and
(iv)
upon motion of counsel, require the testimony of each examiner to be given out 
of the presence of any other examiner.
(c)
(i)
The hearing shall be conducted 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 individual. 
(ii)
The Utah Rules of Evidence apply, and the hearing shall be a matter of court 
record. 
(iii)
A verbatim record of the proceedings shall be maintained.
(13)
(9)
The court may order commitment if, upon completion of the hearing and 
consideration of the record, 
it
the court
 finds by clear and convincing evidence that all 
of the following conditions are met:
(a)
the individual to be committed has an intellectual disability
 or a related condition
;
(b)
because of the individual's intellectual disability 
or related condition, 
one or more of 
the following conditions exist:
(i)
the individual poses 
an immediate danger of physical injury
substantial danger
 to 
self or others;
(ii)
the individual lacks the capacity to provide the basic necessities of life, such as 
food, clothing, or shelter;
 or
(iii)
the individual is in immediate need of habilitation, rehabilitation, care, or 
treatment to minimize the effects of the condition which poses a 
threat of serious 
physical or psychological injury to the individual, and
risk of substantial danger to 
self or others; or
(iv)
the individual lacks the capacity to engage in a rational decision-making process 
concerning the need for habilitation, rehabilitation, care, or treatment, as 
evidenced by an inability to weigh the possible costs and benefits of the care or 
treatment and the alternatives to it;
(c)
there is no appropriate, less restrictive alternative reasonably available; and
(d)
the division 
or the intermediate care facility for people with an intellectual disability 
recommended by the division in which the individual is to be committed 
can provide 
the individual with treatment, care, habilitation, or rehabilitation that is adequate and 
appropriate to the individual's condition and needs.
(14)
(10)
In the absence of any of the required findings by the court, described in 
Subsection 
(13)
(9)
, the court shall dismiss the proceedings.
(15)
(11)
(a)
The order of commitment shall designate the period for which the 
individual will be committed. 
(b)
An initial commitment may not exceed six months.
 Before the end of the initial 
commitment period, the administrator of the intermediate care facility for people with 
an intellectual disability shall commence a review hearing on behalf of the individual.
(b)
At the conclusion of the review hearing, the court may issue an order of 
commitment for up to a one-year period.
(16)
(12)
(a)
An individual committed under this part has the right to a rehearing
, upon 
filing a petition with the court within 30 days after entry of the court's order. If the 
petition for rehearing alleges error or mistake in the court's findings, the
 if, within 15 
days after the court enters the order of commitment, the individual files a petition 
with the court alleging error or mistake in the court's findings.
(b)
Upon a request for rehearing filed in accordance with Subsection 
(12)(a)
, the 
court 
shall
:
(i)
appoint
 one impartial licensed physician and
 two impartial designated 
intellectual disability professionals who have not previously been involved in the 
case to examine the individual
. 
; and
(ii)
schedule a rehearing to be held within 30 days after the court entered the order of 
commitment.
(c)
The
In all other respects, the
 rehearing shall
, in all other respects,
 be conducted in 
accordance with this part.
(17)
(13)
(a)
(i)
The court shall maintain a current list of all individuals under its 
orders of commitment. 
(ii)
That list shall be reviewed in order
The court shall review the list described in 
Subsection 
(13)(a)(i)
 to determine those patients who have been under an order of 
commitment for the designated period.
(b)
At least two weeks prior to the expiration of the designated period of any 
commitment order still in effect, the court that entered the original order shall 
inform 
the director of the division of the impending expiration of the designated 
commitment period
commence and send notice to all parties of a review hearing for 
the committed individual
.
(c)
Prior to the review hearing, a division-designated intellectual disability professional 
shall reexamine the basis for the order of commitment and provide a report of that 
reexamination to the court.
(d)
At the conclusion of a review hearing, the court may:
(i)
issue an order of commitment for up to a one-year period; or
(ii)
discharge the individual from involuntary commitment if the conditions justifying 
commitment no longer exist.
(c)
The staff of the division shall immediately:
(i)
reexamine the reasons upon which the order of commitment was based and report 
the results of the examination to the court;
(ii)
discharge the resident from involuntary commitment if the conditions justifying 
commitment no longer exist; and
(iii)
immediately inform the court of any discharge.
(d)
(e)
If the director of the division reports to the court that the conditions justifying 
commitment no longer exist, and the administrator of the intermediate care facility 
for people with an intellectual disability does not discharge the individual at the end 
of the designated period, the court shall order the immediate discharge of the 
individual, unless involuntary commitment proceedings are again commenced in 
accordance with this section
If at any time during the commitment period the director 
or the director's designee determines that the conditions justifying commitment no 
longer exist, the division shall immediately discharge the individual from the 
commitment and notify the court
.
(f)
If the division does not discharge an individual at the end of the designated period of 
a commitment order, the court shall order the immediate discharge of the individual 
unless involuntary commitment proceedings are commenced again in accordance 
with this section.
(e)
If the director of the division, or the director's designee reports to the court that the 
conditions designated in Subsection (13) still exist, the court may extend the 
commitment order for up to one year. At the end of any extension, the individual 
must be reexamined in accordance with this section, or discharged.
(18)
(14)
When a resident is discharged under this 
subsection
section
, the division shall 
provide any further support services available and
continue to provide division services 
for which the individual is eligible and as
 required to meet the resident's needs.
(19)
(15)
(a)
The division
 or an 
intermediate care
 facility
 shall provide discharge 
instructions to each individual committed under this section at or before the time the 
individual is discharged from the custody of the division
 or intermediate care facility
, 
regardless of whether the individual is discharged by being released or under other 
circumstances.
(b)
Discharge instructions provided under Subsection 
(19)(a)
(15)(a)
 shall include:
(i)
a summary of why the individual was committed;
(ii)
detailed information about why the individual is being discharged;
(iii)
a safety plan for the individual based on the individual's intellectual disability 
and condition;
(iv)
notification to the individual's primary care provider, if applicable;
(v)
if the individual is discharged without food, housing, or economic security, a 
referral to appropriate services, if such services exist in the individual's 
community;
(vi)
the phone number to call or text for a crisis services hotline, and information 
about the availability of peer support services;
(vii)
a copy of any advance directive presented to the local mental health authority, if 
applicable;
(viii)
information about how to establish an advance directive if one was not 
presented to the division
 or intermediate care facility
;
(ix)
as applicable, information about medications that were changed or discontinued 
during the commitment;
(x)
a list of any screening or diagnostic tests conducted during the commitment;
(xi)
a summary of therapeutic treatments provided during the commitment;
(xii)
any laboratory work, including blood samples or imaging, that was completed or 
attempted during the commitment; and
(xiii)
information about how to contact the division
 or intermediate care facility
 if 
needed.
(c)
If an individual's medications were changed, or if an individual was prescribed new 
medications while committed under this section, discharge instructions provided 
under Subsection 
(19)(a)
(15)(a)
 shall include a clinically appropriate supply of 
medications, as determined by a licensed health care provider, to allow the individual 
time to access another health care provider or follow-up appointment.
(d)
If an individual refuses to accept discharge instructions, the division
 or intermediate 
care facility
 shall document the refusal in the individual's medical record.
(e)
If an individual's discharge instructions include referrals to services under Subsection 
(19)(b)(v)
(15)(b)(v)
, the division
 or intermediate care facility
 shall document those 
referrals in the individual's medical record.
(f)
The division shall attempt to follow up with a discharged individual at least 48 hours 
after discharge, and may use peer support professionals when performing follow-up 
care or developing a continuing care plan.
Section 13, Section 
26B-6-613
 is amended to read:
26B-6-613
. Involuntary treatment with medication -- Committee -- Findings.
(1)
If, after commitment, a resident elects to refuse treatment with medication, the director, 
the administrator of the intermediate care facility for people with an intellectual 
disability, or a designee, shall submit documentation regarding the resident's proposed 
treatment to a committee composed of:
(a)
a licensed physician experienced in treating persons with an intellectual disability, 
who is not directly involved in the resident's treatment or diagnosis, and who is not 
biased toward any one facility;
(b)
a psychologist who is a designated intellectual disability professional who is not 
directly involved in the resident's treatment or diagnosis; and
(c)
another designated intellectual disability professional of the facility for persons with 
an intellectual disability, or a designee.
(2)
Based upon the court's finding, under Subsection 
26B-6-608(13)
26B-6-608(9)
, that 
the resident lacks the ability to engage in a rational decision-making process regarding 
the need for habilitation, rehabilitation, care, or treatment, as demonstrated by evidence 
of inability to weigh the possible costs and benefits of treatment, the committee may 
authorize involuntary treatment with medication if it determines that:
(a)
the proposed treatment is in the medical best interest of the resident, taking into 
account the possible side effects as well as the potential benefits of the medication; 
and
(b)
the proposed treatment is in accordance with prevailing standards of accepted 
medical practice.
(3)
In making the determination described in Subsection 
(2)
, the committee shall consider 
the resident's general history and present condition, the specific need for medication and 
its possible side effects, and any previous reaction to the same or comparable medication.
(4)
Any authorization of involuntary treatment under this section shall be periodically 
reviewed in accordance with rules promulgated by the division.
Section 14, Section 
68-3-12.5
 is amended to read:
68-3-12.5
. Definitions for Utah Code.
(1)
The definitions listed in this section apply to the Utah Code, unless:
(a)
the definition is inconsistent with the manifest intent of the Legislature or repugnant 
to the context of the statute; or
(b)
a different definition is expressly provided for the respective title, chapter, part, 
section, or subsection.
(2)
"Adjudicative proceeding" means:
(a)
an action by a board, commission, department, officer, or other administrative unit of 
the state that determines the legal rights, duties, privileges, immunities, or other legal 
interests of one or more identifiable persons, including an action to grant, deny, 
revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; 
and
(b)
judicial review of an action described in Subsection (2)(a).
(3)
"Administrator" includes "executor" when the subject matter justifies the use.
(4)
"Advisory board," "advisory commission," and "advisory council" mean a board, 
commission, committee, or council that:
(a)
is created by, and whose duties are provided by, statute or executive order;
(b)
performs its duties only under the supervision of another person as provided by 
statute; and
(c)
provides advice and makes recommendations to another person that makes policy for 
the benefit of the general public.
(5)
"Armed forces" means the United States Army, Navy, Air Force, Marine Corps, Space 
Force, and Coast Guard.
(6)
"County executive" means:
(a)
the county commission, in the county commission or expanded county commission 
form of government established under Title 17, Chapter 52a, Changing Forms of 
County Government;
(b)
the county executive, in the county executive-council optional form of government 
authorized by Section 
17-52a-203
; or
(c)
the county manager, in the council-manager optional form of government authorized 
by Section 
17-52a-204
.
(7)
"County legislative body" means:
(a)
the county commission, in the county commission or expanded county commission 
form of government established under Title 17, Chapter 52a, Changing Forms of 
County Government;
(b)
the county council, in the county executive-council optional form of government 
authorized by Section 
17-52a-203
; and
(c)
the county council, in the council-manager optional form of government authorized 
by Section 
17-52a-204
.
(8)
"Depose" means to make a written statement made under oath or affirmation.
(9)
(a)
"Equal" means, with respect to biological sex, of the same value.
(b)
"Equal" does not mean, with respect to biological sex:
(i)
a characteristic of being the same or identical; or
(ii)
a requirement that biological sexes be ignored or co-mingled in every 
circumstance.
(10)
"Executor" includes "administrator" when the subject matter justifies the use.
(11)
"Father" means a parent who is of the male sex.
(12)
"Female" means the characteristic of an individual whose biological reproductive 
system is of the general type that functions in a way that could produce ova.
(13)
"Guardian" includes a person who:
(a)
qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or 
court appointment; or
(b)
is appointed by a court to manage the estate of a minor or incapacitated person.
(14)
"Highway" includes:
(a)
a public bridge;
(b)
a county way;
(c)
a county road;
(d)
a common road; and
(e)
a state road.
(15)
"Intellectual disability" 
means a significant, subaverage general intellectual 
functioning that:
means the same as that term is defined in the most recent edition of the 
Diagnostic and Statistical Manual of Mental Disorders published by the American 
Psychiatric Association.
(a)
exists concurrently with deficits in adaptive behavior; and
(b)
is manifested during the developmental period as defined in the current edition of 
the Diagnostic and Statistical Manual of Mental Disorders, published by the 
American Psychiatric Association.
(16)
"Intermediate care facility for people with an intellectual disability" means an 
intermediate care facility for the mentally retarded, as defined in Title XIX of the Social 
Security Act
institution or distinct part thereof for people with an intellectual disability 
or related conditions, if the institution or distinct part thereof meets the requirements 
described in 42 U.S.C. Secs. 1396d(d)(1) through (3)
.
(17)
"Land" includes:
(a)
land;
(b)
a tenement;
(c)
a hereditament;
(d)
a water right;
(e)
a possessory right; and
(f)
a claim.
(18)
"Male" means the characteristic of an individual whose biological reproductive system 
is of the general type that functions to fertilize the ova of a female.
(19)
"Man" means an adult human male.
(20)
"Month" means a calendar month, unless otherwise expressed.
(21)
"Mother" means a parent who is of the female sex.
(22)
"Oath" includes "affirmation."
(23)
"Person" means:
(a)
an individual;
(b)
an association;
(c)
an institution;
(d)
a corporation;
(e)
a company;
(f)
a trust;
(g)
a limited liability company;
(h)
a partnership;
(i)
a political subdivision;
(j)
a government office, department, division, bureau, or other body of government; and
(k)
any other organization or entity.
(24)
"Personal property" includes:
(a)
money;
(b)
goods;
(c)
chattels;
(d)
effects;
(e)
evidences of a right in action;
(f)
a written instrument by which a pecuniary obligation, right, or title to property is 
created, acknowledged, transferred, increased, defeated, discharged, or diminished; 
and
(g)
a right or interest in an item described in Subsections (24)(a) through (f).
(25)
"Personal representative," "executor," and "administrator" include:
(a)
an executor;
(b)
an administrator;
(c)
a successor personal representative;
(d)
a special administrator; and
(e)
a person who performs substantially the same function as a person described in 
Subsections (25)(a) through (d) under the law governing the person's status.
(26)
"Policy board," "policy commission," or "policy council" means a board, commission, 
or council that:
(a)
is authorized to make policy for the benefit of the general public;
(b)
is created by, and whose duties are provided by, the constitution or statute; and
(c)
performs its duties according to its own rules without supervision other than under 
the general control of another person as provided by statute.
(27)
"Population" is shown by the most recent state or national census, unless expressly 
provided otherwise.
(28)
"Process" means a writ or summons issued in the course of a judicial proceeding.
(29)
"Property" includes both real and personal property.
(30)
"Real estate" or "real property" includes:
(a)
land;
(b)
a tenement;
(c)
a hereditament;
(d)
a water right;
(e)
a possessory right; and
(f)
a claim.
(31)
"Review board," "review commission," and "review council" mean a board, 
commission, committee, or council that:
(a)
is authorized to approve policy made for the benefit of the general public by another 
body or person;
(b)
is created by, and whose duties are provided by, statute; and
(c)
performs its duties according to its own rules without supervision other than under 
the general control of another person as provided by statute.
(32)
"Road" includes:
(a)
a public bridge;
(b)
a county way;
(c)
a county road;
(d)
a common road; and
(e)
a state road.
(33)
"Sex" means, in relation to an individual, the individual's biological sex, either male or 
female, at birth, according to distinct reproductive roles as manifested by:
(a)
sex and reproductive organ anatomy;
(b)
chromosomal makeup; and
(c)
endogenous hormone profiles.
(34)
"Signature" includes a name, mark, or sign written with the intent to authenticate an 
instrument or writing.
(35)
"State," when applied to the different parts of the United States, includes a state, 
district, or territory of the United States.
(36)
"Swear" includes "affirm."
(37)
"Testify" means to make an oral statement under oath or affirmation.
(38)
"Uniformed services" means:
(a)
the armed forces;
(b)
the commissioned corps of the National Oceanic and Atmospheric Administration; 
and
(c)
the commissioned corps of the United States Public Health Service.
(39)
"United States" includes each state, district, and territory of the United States of 
America.
(40)
"Utah Code" means the 1953 recodification of the Utah Code, as amended, unless the 
text expressly references a portion of the 1953 recodification of the Utah Code as it 
existed:
(a)
on the day on which the 1953 recodification of the Utah Code was enacted; or
(b)
(i)
after the day described in Subsection (40)(a); and
(ii)
before the most recent amendment to the referenced portion of the 1953 
recodification of the Utah Code.
(41)
"Vessel," when used with reference to shipping, includes a steamboat, canal boat, and 
every structure adapted to be navigated from place to place.
(42)
(a)
"Veteran" means an individual who:
(i)
has served in the United States Armed Forces for at least 180 days:
(A)
on active duty; or
(B)
in a reserve component, to include the National Guard; or
(ii)
has incurred an actual service-related injury or disability while in the United 
States Armed Forces regardless of whether the individual completed 180 days; and
(iii)
was separated or retired under conditions characterized as honorable or general.
(b)
This definition is not intended to confer eligibility for benefits.
(43)
"Will" includes a codicil.
(44)
"Woman" means an adult human female.
(45)
"Writ" means an order or precept in writing, issued in the name of:
(a)
the state;
(b)
a court; or
(c)
a judicial officer.
(46)
"Writing" includes:
(a)
printing;
(b)
handwriting; and
(c)
information stored in an electronic or other medium if the information is retrievable 
in a perceivable format.
Section 15, Section 
77-15-2
 is amended to read:
77-15-2
. Definitions.
As used in this chapter:
(1)
"Competency evaluation" means an evaluation conducted by a forensic evaluator to 
determine if an individual is competent to stand trial.
(2)
"Competent to stand trial" means that a defendant has:
(a)
a rational and factual understanding of the criminal proceedings against the 
defendant and of the punishment specified for the offense charged; and
(b)
the ability to consult with the defendant's legal counsel with a reasonable degree of 
rational understanding in order to assist in the defense.
(3)
"Department" means the Department of Health and Human Services.
(4)
"Forensic evaluator" means a licensed mental health professional who:
(a)
is not involved in the defendant's treatment;
(b)
is trained and qualified by the department to conduct a competency evaluation, a 
restoration screening, and a progress toward competency evaluation, based on 
knowledge, experience, or education relating to:
(i)
intellectual functioning or psychopathology; and
(ii)
the legal system and the rights of a defendant in a criminal trial; and
(c)
if under contract with the department, demonstrates ongoing education and training 
relating to forensic mental health in accordance with rules established by the 
department in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
.
(5)
"Incompetent to proceed" means that a defendant is not competent to stand trial as a 
result of:
(a)
mental illness; or
(b)
intellectual disability.
(6)
"Intellectual disability" means an intellectual disability as defined in the current edition 
of the Diagnostic and Statistical Manual of Mental Disorders published by the American 
Psychiatric Association.
(7)
(6)
"Mental illness" means the same as that term is defined in Section 
26B-5-301
.
(8)
(7)
"Petition" means a petition to request a court to determine whether a defendant is 
competent to stand trial.
(9)
(8)
"Progress toward competency evaluation" means an evaluation to determine 
whether an individual who is receiving restoration treatment is:
(a)
competent to stand trial;
(b)
incompetent to proceed but has a substantial probability of becoming competent to 
stand trial in the foreseeable future; or
(c)
incompetent to proceed and does not have a substantial probability of becoming 
competent to stand trial in the foreseeable future.
(10)
(9)
"Restoration treatment" means training and treatment that is:
(a)
provided to an individual who is incompetent to proceed;
(b)
tailored to the individual's particular impairment to competency; and
(c)
limited to the purpose of restoring the individual to competency.
Section 16, Section 
77-15-5
 is amended to read:
15. DEFENDANT'S COMPETENCY TO PROCEED
77-15-5
. Order for hearing -- Stay of other proceedings -- Examinations of 
defendant -- Scope of examination and report.
(1)
A court in which criminal proceedings are pending shall stay all criminal proceedings, if:
(a)
a petition is filed under Section 
77-15-3
 or 
77-15-3.5
; or
(b)
the court raises the issue of the defendant's competency under Section 
77-15-4
.
(2)
The court in which the petition described in Subsection 
(1)(a)
 is filed:
(a)
shall inform the court in which criminal proceedings are pending of the petition, if 
the petition is not filed in the court in which criminal proceedings are pending;
(b)
shall review the allegations of incompetency;
(c)
may hold a limited hearing solely for the purpose of determining the sufficiency of 
the petition, if the court finds the petition is not clearly sufficient on its face;
(d)
shall hold a hearing, if the petition is opposed by either party; and
(e)
may not order an examination of the defendant or order a hearing on the mental 
condition of the defendant unless the court finds that the allegations in the petition 
raise a bona fide doubt as to the defendant's competency to stand trial.
(3)
(a)
If the court finds that there is a bona fide doubt as to the defendant's competency 
to stand trial, the court shall order the department to have one or two forensic 
evaluators complete a competency evaluation for the defendant in accordance with 
Subsection 
(3)(b)
 and provide a report to the court regarding the competency of the 
defendant to stand trial.
(b)
The court shall order the department to have the defendant evaluated by one forensic 
evaluator unless:
(i)
the defendant is charged with a capital felony; or
(ii)
the defendant is charged with a felony that is not a capital felony, and the court 
determines, based on the allegations in the petition, that good cause exists to order 
two competency evaluations.
(c)
(i)
This section does not prohibit a party from seeking an additional forensic 
evaluator to conduct a competency evaluation of the defendant.
(ii)
If a party seeks an additional competency evaluation under this Subsection 
(3)(c)
, 
the party shall:
(A)
select the additional forensic evaluator; and
(B)
pay the costs of the additional forensic evaluator.
(d)
The stipulation by parties to a bona fide doubt as to the defendant's competency to 
stand trial alone may not take the place of a competency evaluation ordered under 
this Subsection 
(3)
.
(e)
In accordance with state licensing laws, the court may only order the department to 
provide an initial evaluation and progress toward competency evaluation for a 
defendant who is located within the state.
(4)
(a)
If the petition or other information sufficiently raises concerns that the defendant 
may have an intellectual disability, at least one forensic evaluator who is experienced 
in assessments of intellectual disabilities shall conduct a competency evaluation.
(b)
The petitioner or other party, as directed by the court or requested by the department, 
shall provide to the forensic evaluator nonmedical information and materials relevant 
to a determination of the defendant's competency, including the charging document, 
arrest or incident reports pertaining to the charged offense, known criminal history 
information, and known prior mental health evaluations and treatments.
(c)
For purposes of a competency evaluation, a custodian of mental health records 
pertaining to the defendant, including the defendant's prior mental health evaluations 
or records relating to the defendant's substance use disorder, may provide the records 
to:
(i)
with the defendant's consent, a forensic evaluator or the department on the 
department's request; or
(ii)
a forensic evaluator by court order.
(d)
A court order under Subsection 
(4)(c)
 shall include a protective order that expires 
180 days after the day on which:
(i)
the defendant is found guilty;
(ii)
the defendant enters a guilty plea;
(iii)
the court sentences the defendant; or
(iv)
if the case is appealed, the day on which the final appeal is resolved.
(e)
(i)
Except as otherwise provided by law and in Subsections 
(4)(e)(ii)
 and 
(4)(f)
, 
the court shall order the forensic evaluator to destroy all records subject to the 
protective order within the 180 day period described in Subsection 
(4)(d)
.
(ii)
A forensic evaluator is not required to destroy the records subject to the 
protective order if destroying the records is a violation of ethical standards to 
which the forensic evaluator is subject for occupational licensing.
(f)
The court may extend the protective order described in Subsection 
(4)(d)
 if:
(i)
the court finds the defendant incompetent to proceed without a substantial 
probability that the defendant will become competent in the foreseeable future;
(ii)
the prosecutor or another individual indicates to the court that the prosecutor or 
other individual will seek civil commitment of the defendant under Section 
77-15-6
; and
(iii)
the court orders the records be maintained and used only for the purposes of 
examining the defendant in connection with the petition for civil commitment.
(g)
An order for a competency evaluation may not contain an order for any other inquiry 
into the mental state of the defendant that is not described in this Subsection 
(4)
.
(5)
Pending a competency evaluation, unless the court or the department directs otherwise, 
the defendant shall be retained in the same custody or status that the defendant was in at 
the time the examination was ordered.
(6)
In the conduct of a competency evaluation and in a report to the court, a forensic 
evaluator shall consider and address, in addition to any other factors determined to be 
relevant by the forensic evaluator:
(a)
(i)
the impact of the defendant's mental illness or intellectual disability on the 
defendant's present ability to:
(A)
(i)
rationally and factually understand the criminal proceedings against the 
defendant; and
(B)
(ii)
consult with the defendant's legal counsel with a reasonable degree of 
rational understanding in order to assist in the defense;
(b)
in making the determinations described in Subsection 
(6)(a)
, the forensic evaluator 
shall consider, as applicable
:
(i)
the defendant's present ability to:
(A)
(i)
understand the charges or allegations against the defendant;
(B)
(ii)
communicate facts, events, and states of mind;
(C)
(iii)
understand the range of possible penalties associated with the charges or 
allegations against the defendant;
(D)
(iv)
engage in reasoned choice of legal strategies and options;
(E)
(v)
understand the adversarial nature of the proceedings against the defendant;
(F)
(vi)
manifest behavior sufficient to allow the court to proceed; and
(G)
(vii)
testify relevantly, if applicable; and
(c)
whether the defendant is exhibiting false or exaggerated physical or psychological 
symptoms relevant to the defendant's capacity to stand trial.
(7)
Upon a determination that the defendant is incompetent to proceed, the forensic 
evaluator shall indicate in the report to the court:
(a)
the factors that contribute to the defendant's incompetency, including the nature of 
the defendant's mental illness or intellectual disability, if any, and its relationship to 
the factors contributing to the defendant's incompetency;
(b)
whether there is a substantial probability that:
(i)
restoration treatment may bring the defendant to competency to stand trial in the 
foreseeable future; or
(ii)
the defendant cannot become competent to stand trial in the foreseeable future;
(c)
whether the defendant would benefit from restoration treatment; and
(d)
if the forensic evaluator makes the determination under Subsection 
(7)(b)(i)
 or 
(7)(c)
, 
an explanation of the reason for the determination and a summary of the treatment 
provided to the defendant in the past.
(8)
(a)
A forensic evaluator shall provide an initial report to the court and the prosecuting 
and defense attorneys within 30 days of the receipt of the court's order. The report 
shall inform the court of the examiner's opinion concerning the competency of the 
defendant to stand trial.
(b)
(i)
If the forensic evaluator is unable to complete the report in the time specified in 
Subsection 
(8)(a)
, the forensic evaluator shall give written notice to the court.
(ii)
A forensic evaluator who provides the notice described in Subsection 
(8)(b)(i)
shall receive a 15-day extension, giving the forensic evaluator a total of 45 days 
after the day on which the forensic evaluator received the court's order to conduct 
a competency evaluation and file a report.
(iii)
The court may further extend the deadline for completion of the evaluation and 
report if the court determines that there is good cause for the extension.
(iv)
Upon receipt of an extension described in Subsection 
(8)(b)(iii)
, the forensic 
evaluator shall file the report as soon as reasonably possible.
(9)
Any written report submitted by a forensic evaluator shall:
(a)
identify the case ordered for evaluation by the case number;
(b)
describe the procedures, techniques, and tests used in the examination and the 
purpose or purposes for each, the time spent by the forensic evaluator with the 
defendant for purposes of the examination, and the compensation to be paid to the 
evaluator for the report;
(c)
state the forensic evaluator's clinical observations, findings, and opinions on each 
factor described in Subsection 
(6)
; and
(d)
identify the sources of information used by the forensic evaluator and present the 
basis for the forensic evaluator's clinical findings and opinions.
(10)
(a)
Any statement made by the defendant in the course of any competency 
examination, whether the examination is with or without the consent of the 
defendant, any testimony by a forensic evaluator based upon the statement, and any 
other fruits of the statement may not be admitted in evidence against the defendant in 
any criminal proceeding except on an issue respecting mental condition on which the 
defendant has introduced evidence, unless the evidence is relevant to a determination 
of the defendant's competency.
(b)
Before examining the defendant, the forensic evaluator shall specifically advise the 
defendant of the limits of confidentiality as provided under Subsection 
(10)(a)
.
(11)
(a)
Upon receipt of the forensic evaluators' reports, the court shall set a date for a 
competency hearing. The hearing shall be held not less than five and not more than 
15 days after the day on which the court received the forensic evaluators' reports, 
unless for good cause the court sets a later date.
(b)
Any person directed by the department to conduct the competency evaluation may be 
subpoenaed to testify at the hearing.
(c)
The court may call any forensic evaluator to testify at the hearing who is not called 
by the parties. 
If the court calls a forensic evaluator, counsel for the parties may 
cross-examine the forensic evaluator.
(d)
(i)
If the forensic evaluators are in conflict as to the competency of the defendant, 
all forensic evaluators should be called to testify at the hearing if reasonably 
available.
(ii)
A conflict in the opinions of the forensic evaluators does not require the 
appointment of an additional forensic evaluator unless the court finds good cause 
for the appointment.
(iii)
If a party seeks an additional competency evaluation under this Subsection (11), 
that party shall:
(A)
select the additional forensic evaluator; and
(B)
pay the costs of the additional forensic evaluator.
(12)
(a)
(i)
A defendant shall be presumed competent to stand trial unless the court, by 
a preponderance of the evidence, finds the defendant incompetent to proceed.
(ii)
The burden of proof is upon the proponent of incompetency at the hearing.
(b)
An adjudication of incompetent to proceed does not operate as an adjudication of 
incompetency to give informed consent for medical treatment or for any other 
purpose, unless specifically set forth in the court order.
(13)
In determining the defendant's competency to stand trial, the court shall consider the 
totality of the circumstances, including:
(a)
the petition;
(b)
the defendant's criminal and arrest history;
(c)
prior mental health evaluations and treatments provided to the court by the defendant;
(d)
subject to Subsection 
(15)
, whether the defendant was found incompetent to proceed 
in a criminal action unrelated to the charged offense for which the petition is filed;
(e)
the testimony of lay witnesses, if any;
(f)
the forensic evaluator's testimony and report;
(g)
the materials on which the forensic evaluator's report is based; and
(h)
any other relevant evidence or consideration bearing on the competency of the 
defendant.
(14)
If the court finds the defendant incompetent to proceed:
(a)
the court shall issue the order described in Subsection 
77-15-6(1)
, which shall:
(i)
include findings addressing each of the factors in Subsection 
(6)(a)
;
(ii)
include a transportation order, if necessary;
(iii)
be accompanied by the forensic evaluators' reports, any psychiatric, 
psychological, or social work reports submitted to the court relative to the mental 
condition of the defendant, and any other documents made available to the court 
by either the defense or the prosecution, pertaining to the defendant's current or 
past mental condition; and
(iv)
be sent by the court to the department; and
(b)
the prosecuting attorney shall provide to the department:
(i)
the charging document and probable cause statement, if any;
(ii)
arrest or incident reports prepared by law enforcement and pertaining to the 
charged offense; and
(iii)
additional supporting documents.
(15)
The court may not find the defendant incompetent to proceed based solely on a court 
having ordered the release of the defendant under Section 
77-15-3.5
 or Section 
77-15-6
in an unrelated criminal action if the court in the unrelated criminal action ordered the 
release more than one year before the day on which the petition described in Subsection 
(13)(a)
 is filed.
(16)
The court may make any reasonable order to ensure compliance with this section.
(17)
Failure to comply with this section does not result in the dismissal of criminal charges.
Section 17, Section 
77-15-6
 is amended to read:
77-15-6
. Commitment on finding of incompetency to stand trial -- Subsequent 
hearings -- Notice to prosecuting attorneys.
(1)
(a)
Except as provided in Subsection (5), if after a hearing a court finds a defendant to 
be incompetent to proceed, the court shall order the defendant committed to the 
department for restoration treatment.
(b)
(i)
Except as provided in Subsection (1)(b)(ii), the court may recommend but may 
not order placement of a defendant who is found incompetent to proceed.
(ii)
The court may order that the defendant be placed in a secure setting rather than a 
nonsecure setting.
(c)
Following restoration screening, the department's designee shall designate and 
inform the court of the specific placement and restoration treatment program for the 
defendant.
(d)
Restoration treatment shall be of sufficient scope and duration to:
(i)
restore the defendant to competency; or
(ii)
determine whether the defendant can be restored to competency in the foreseeable 
future.
(e)
A defendant who a court determines is incompetent to proceed may not be held for 
restoration treatment longer than:
(i)
the time reasonably necessary to determine that the defendant cannot become 
competent to stand trial in the foreseeable future; and
(ii)
the maximum period of incarceration that the defendant could receive if the 
defendant were convicted of the most severe offense of the offenses charged.
(2)
(a)
A defendant who is receiving restoration treatment shall receive a progress toward 
competency evaluation, by:
(i)
a forensic evaluator, designated by the department; and
(ii)
an additional forensic evaluator, if requested by a party and paid for by the 
requesting party.
(b)
A forensic evaluator shall complete a progress toward competency evaluation and 
submit a report within 90 days after the day on which the forensic evaluator receives 
the commitment order from the department.
(c)
The report shall:
(i)
assess whether the defendant is exhibiting false or exaggerated physical or 
psychological symptoms;
(ii)
describe any diagnostic instruments, methods, and observations used by the 
evaluator to make the determination;
(iii)
describe the defendant's current mental illness or intellectual disability, if any;
(iv)
state the forensic evaluator's opinion as to the effect of any false or exaggerated 
symptoms on the defendant's competency to stand trial;
(v)
assess the facility's or program's capacity to provide appropriate restoration 
treatment for the defendant;
(vi)
assess the nature of restoration treatment provided to the defendant;
(vii)
assess what progress the defendant has made toward competency restoration, 
with respect to the factors identified by the court in its initial order;
(viii)
assess whether the defendant can reasonably be restored to competency in the 
foreseeable future given the restoration treatment currently being provided and the 
facility's or program's capacity to provide appropriate restoration treatment for the 
defendant; 
(ix)
assess the likelihood of restoration to competency, the amount of time estimated 
to achieve competency, or the amount of time estimated to determine whether 
restoration to competency may be achieved; and
(x)
include a statement by the facility's treating physician regarding:
(A)
whether the defendant is taking any antipsychotic medication as prescribed;
(B)
whether ongoing administration of antipsychotic medication is necessary to 
maintain the defendant's competency to stand trial;
(C)
whether antipsychotic medication is substantially likely to maintain the 
defendant's competency to stand trial;
(D)
whether antipsychotic medication is substantially unlikely to produce side 
effects which would significantly interfere with the defendant's ability to assist 
in the defendant's defense;
(E)
that no less intrusive means are available, and whether any of those means 
have been attempted to render the defendant competent; and
(F)
whether antipsychotic medication is medically appropriate and in the 
defendant's best medical interest in light of the defendant's medical condition.
(3)
(a)
The court on its own motion or upon motion by either party or the department 
may appoint an additional forensic evaluator to conduct a progress toward 
competency evaluation.
(b)
If the court appoints an additional forensic evaluator upon motion of a party, that 
party shall pay the costs of the additional forensic evaluator.
(4)
(a)
Within 15 days after the day on which the court receives the forensic evaluator's 
report of the progress toward competency evaluation, the court shall hold a hearing to 
review the defendant's competency.
(b)
At the hearing, the burden of proving that the defendant is competent to stand trial is 
on the proponent of competency.
(c)
Following the hearing, the court shall determine by a preponderance of evidence 
whether the defendant:
(i)
is competent to stand trial;
(ii)
is competent, but requires the ongoing administration of antipsychotic medication 
in order to maintain the defendant's competency to stand trial;
(iii)
is incompetent to proceed, with a substantial probability that the defendant may 
become competent in the foreseeable future; or
(iv)
is incompetent to proceed, without a substantial probability that the defendant 
may become competent in the foreseeable future.
(5)
(a)
If at any time the court determines that the defendant is competent to stand trial, 
the court shall:
(i)
proceed with the trial or other procedures as may be necessary to adjudicate the 
charges; 
(ii)
order that the defendant be returned to the placement and status that the defendant 
was in at the time when the petition for the adjudication of competency was filed 
or raised by the court, unless the court determines that placement of the defendant 
in a less restrictive environment is more appropriate;
(iii)
order the ongoing administration of antipsychotic medication to the defendant for 
the purpose of maintaining the defendant's competency to stand trial, if the court 
finds that the administration of antipsychotic medication is necessary to maintain 
the defendant's competency to stand trial under Subsection (4)(c)(ii); and
(iv)
require the agency, jail, or prison with custody over the defendant to report to the 
court any noncompliance with the court's orders under this Subsection (5) within 
48 hours of the noncompliance.
(b)
If the court determines that the defendant is incompetent to proceed with a 
substantial probability that the defendant may become competent in the foreseeable 
future, the court may order that the defendant remain committed to the department or 
the department's designee for the purpose of restoration treatment.
(c)
(i)
If the court determines that the defendant is incompetent to proceed without a 
substantial probability that the defendant may become competent in the 
foreseeable future, the court shall order the defendant released from commitment 
to the department, unless the prosecutor or another individual informs the court 
that civil commitment proceedings pursuant to Title 26B, Chapter 5, Health Care - 
Substance Use and Mental Health, or Title 26B, Chapter 6, Part 4, Division of 
Services for People with Disabilities, will be initiated.
(ii)
The commitment proceedings must be initiated by a petition filed within seven 
days after the day on which the court makes the determination described in 
Subsection (4)(c)(iv), unless the court finds that there is good cause to delay the 
initiation of the civil commitment proceedings.
(iii)
The court may order the defendant to remain committed to the department until 
the civil commitment proceedings conclude.
(iv)
If the defendant is civilly committed and admitted to a secure setting, the 
department shall provide notice to the court that adjudicated the defendant 
incompetent to proceed and to the prosecution agency that prosecuted the case at 
least 
60
15
 days before any proposed release of the committed individual from 
the secure setting.
(v)
If the prosecution agency that prosecuted the case intends to refile charges against 
the committed individual:
(A)
the prosecution agency shall provide written notice of that intent to the 
department within 15 days after the department provides the notice described 
in Subsection 
(5)(c)(iv)
; and
(B)
the department shall postpone release of the committed individual for at least 
30 days after the day on which the department receives the written notice of 
intent from the prosecution agency.
(vi)
If the prosecution agency that prosecuted the case refiles charges against the 
committed individual and the individual's competency is raised, the department 
shall postpone release of the individual until the competency proceedings 
conclude.
(6)
(a)
At any time following the court's order under Subsection (5)(a)(iii), the defendant, 
the prosecuting attorney, the department, the treating physician, or the agency, jail, or 
prison with custody over the defendant, may notify the court of the need to review 
the medication order under Subsection (5)(a)(iii) for continued appropriateness and 
feasibility.
(b)
The court shall set the matter for a hearing if the notification under Subsection (6)(a) 
establishes good cause to review the matter.
(7)
If a court, under Subsection (5)(b), extends a defendant's commitment, the court shall 
schedule a competency review hearing for the earlier of:
(a)
the department's best estimate of when the defendant may be restored to competency; 
or
(b)
three months after the day on which the court determined under Subsection (5)(b) to 
extend the defendant's commitment.
(8)
Unless the defendant is charged with a crime listed in Subsection (9), if a defendant is 
incompetent to proceed by the day of the competency review hearing that follows the 
extension of a defendant's commitment, the court shall:
(a)
order the defendant be:
(i)
released or temporarily detained pending civil commitment proceedings as 
described in Subsection (5)(c); and
(ii)
terminate the defendant's commitment to the department for restoration treatment; 
or
(b)
if the forensic evaluator reports to the court that there is a substantial probability that 
restoration treatment will bring the defendant to competency to stand trial in the 
foreseeable future, extend the defendant's commitment for restoration treatment up to 
45 additional days.
(9)
If the defendant is charged with aggravated murder, murder, attempted murder, 
manslaughter, or a first degree felony and the court determines that the defendant is 
making reasonable progress towards restoration of competency at the time of the hearing 
held pursuant to Subsection (7), the court may extend the commitment for a period not 
to exceed nine months for the purpose of restoration treatment, with a mandatory review 
hearing at the end of the nine-month period.
(10)
Unless the defendant is charged with aggravated murder or murder, if, at the 
nine-month review hearing described in Subsection (9), the court determines that the 
defendant is incompetent to proceed, the court shall:
(a)
(i)
order the defendant be released or temporarily detained pending civil 
commitment proceedings as provided in Subsection (5)(c); and
(ii)
terminate the defendant's commitment to the department for restoration treatment; 
or
(b)
if the forensic evaluator reports to the court that there is a substantial probability that 
restoration treatment will bring the defendant to competency to stand trial in the 
foreseeable future, extend the defendant's commitment for restoration treatment for 
up to 135 additional days.
(11)
If the defendant is charged with aggravated murder or murder and the court determines 
that the defendant is making reasonable progress towards restoration of competency at 
the time of the nine-month review hearing described in Subsection (9), the court may 
extend the commitment for a period not to exceed 24 months for the purpose of 
restoration treatment.
(12)
If the court extends the defendant's commitment term under Subsection (11), the court 
shall hold a hearing no less frequently than at 12-month intervals following the 
extension for the purpose of determining the defendant's competency status.
(13)
If, at the end of the 24-month commitment period described in Subsection (11), the 
court determines that the defendant is incompetent to proceed, the court shall:
(a)
(i)
order the defendant be released or temporarily detained pending civil 
commitment proceedings as provided in Subsection (5)(c); and
(ii)
terminate the defendant's commitment to the department for restoration treatment; 
or
(b)
if the forensic evaluator reports to the court that there is a substantial probability that 
restoration treatment will bring the defendant to competency to stand trial in the 
foreseeable future, extend the defendant's commitment for restoration treatment for 
up to 12 additional months.
(14)
(a)
Neither release from a pretrial incompetency commitment under the provisions 
of this section nor civil commitment requires dismissal of criminal charges.
(b)
The court may retain jurisdiction over the criminal case and may order periodic 
reviews.
(15)
A defendant who is civilly committed pursuant to Title 26B, Chapter 5, Health Care - 
Substance Use and Mental Health, or Title 26B, Chapter 6, Part 4, Division of Services 
for People with Disabilities, may still be adjudicated competent to stand trial under this 
chapter.
(16)
(a)
The remedy for a violation of the time periods specified in this section, other 
than those specified in Subsection (5)(c), (8), (10), or (13), shall be a motion to 
compel the hearing, or mandamus, but not release from detention or dismissal of the 
criminal charges.
(b)
The remedy for a violation of the time periods specified in Subsection (5)(c), (8), (9), 
or (13), or is not dismissal of the criminal charges.
(17)
In cases in which the treatment of the defendant is precluded by court order for a 
period of time, that time period may not be considered in computing time limitations 
under this section.
(18)
(a)
If, at any time, the defendant becomes competent to stand trial while the 
defendant is committed to the department, the clinical director of the Utah State 
Hospital, the department, or the department's designee shall certify that fact to the 
court.
(b)
The court shall conduct a competency review hearing:
(i)
within 15 working days after the day on which the court receives the certification 
described in Subsection (18)(a); or
(ii)
within 30 working days after the day on which the court receives the certification 
described in Subsection (18)(a), if the court determines that more than 15 working 
days are necessary for good cause related to the defendant's competency.
(19)
The court may order a hearing at any time on the court's own motion or upon 
recommendations of the clinical director of the Utah State Hospital or other facility or 
the department.
(20)
Notice of a hearing on competency to stand trial shall be given to the prosecuting 
attorney and all counsel of record.
Section 18, Section 
77-19-203
 is amended to read:
77-19-203
. Petition for inquiry as to competency to be executed -- Filing -- 
Contents -- Successive petitions.
(1)
If an inmate who has been sentenced to death is or becomes incompetent to be executed, 
a petition under Subsection 
(2)
 may be filed in the district court of the county where the 
inmate is confined.
(2)
The petition shall:
(a)
contain a certificate stating that it is filed in good faith and on reasonable grounds to 
believe the inmate is incompetent to be executed; and
(b)
contain a specific recital of the facts, observations, and conversations with the inmate 
that form the basis for the petition.
(3)
The petition may be based upon knowledge or information and belief and may be filed 
by the inmate alleged to be incompetent, legal counsel for the inmate, or by an attorney 
representing the state.
(4)
Before ruling on a petition filed by an inmate or his counsel alleging that the inmate is 
incompetent to be executed, the court shall give the state and the Department of 
Corrections an opportunity to respond to the allegations of incompetency.
(5)
If a petition is filed after an inmate has previously been found competent under either 
this chapter or under 
Title 77, Chapter 15, Inquiry into Sanity of Defendant
Chapter 15, 
Defendant's Competency to Proceed
, no further hearing on competency may be granted 
unless the successive petition:
(a)
alleges with specificity a substantial change of circumstances subsequent to the 
previous determination of competency; and
(b)
is sufficient to raise a significant question about the inmate's competency to be 
executed.
Section 19, Section 
77-29-3
 is amended to read:
77-29-3
. Chapter inapplicable to incompetent persons.
The provisions of this chapter shall not apply to any person while adjudged to be 
incompetent to proceed under 
Chapter 15, Inquiry into Sanity of Defendant
Chapter 15, 
Defendant's Competency to Proceed
.
Section 20, Section 
80-6-402
 is amended to read:
80-6-402
. Procedure -- Standard.
(1)
When a written motion is filed in accordance with Section 
80-6-401
raising the issue 
of a minor's competency to proceed, or when the juvenile 
court raises the issue of a 
minor's competency to proceed, the juvenile court shall stay all proceedings under this 
chapter .
(2)
(a)
If a motion for inquiry is opposed by either party, the juvenile 
court shall, 
before granting or denying the motion, hold a limited hearing solely for the purpose 
of determining the sufficiency of the motion.
(b)
If the juvenile 
court finds that the allegations of incompetency raise a bona fide 
doubt as to the minor's competency to proceed, the juvenile court shall:
(i)
enter an order for an evaluation of the minor's competency to proceed; and
(ii)
set a date for a hearing on the issue of the minor's competency.
(3)
(a)
After the granting of a motion, and before a full competency hearing, the juvenile 
court may order the department to evaluate the minor and to report to the juvenile 
court concerning the minor's mental condition.
(b)
In accordance with state licensing laws, the court may only order the department to 
provide an initial evaluation and progress toward competency evaluation for a minor 
who is located within the state.
(4)
The minor shall be evaluated by a forensic evaluator who:
(a)
has experience in juvenile forensic evaluations and juvenile brain development;
(b)
if it becomes apparent that the minor is not competent due to an intellectual disability 
or related condition, has experience in intellectual disability or related conditions; and
(c)
is not involved in the current treatment of the minor.
(5)
The petitioner or other party, as directed by the juvenile court, shall provide all 
information and materials relevant to a determination of the minor's competency to the 
department within seven days of the juvenile court's order, including:
(a)
the motion;
(b)
the arrest or incident reports pertaining to the charged offense;
(c)
the minor's known delinquency history information;
(d)
the minor's probation record relevant to competency;
(e)
known prior mental health evaluations and treatments; and
(f)
consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the 
minor's education.
(6)
(a)
The minor's parent or guardian, the prosecuting attorney, the defense attorney, and 
the attorney guardian ad litem, shall cooperate, by executing releases of information 
when necessary, in providing the relevant information and materials to the forensic 
evaluator, including:
(i)
medical records;
(ii)
prior mental evaluations; or
(iii)
records of diagnosis or treatment of substance abuse disorders.
(b)
The minor shall cooperate, by executing a release of information when necessary, in 
providing the relevant information and materials to the forensic evaluator regarding 
records of diagnosis or treatment of a substance abuse disorder.
(7)
(a)
In conducting the evaluation and in the report determining if a minor is competent 
to proceed, the forensic evaluator shall inform the juvenile court of the forensic 
evaluator's opinion whether:
(i)
the minor has a present ability to consult with counsel with a reasonable degree of 
rational understanding; and
(ii)
the minor has a rational as well as factual understanding of the proceedings.
(b)
In evaluating the minor, the forensic evaluator shall consider the minor's present 
ability to:
(i)
understand the charges or allegations against the minor;
(ii)
communicate facts, events, and states of mind;
(iii)
understand the range of possible penalties associated with the allegations against 
the minor;
(iv)
engage in reasoned choice of legal strategies and options;
(v)
understand the adversarial nature of the proceedings against the minor;
(vi)
manifest behavior sufficient to allow the juvenile court to proceed;
(vii)
testify relevantly; and
(viii)
any other factor determined to be relevant to the forensic evaluator.
(8)
(a)
The forensic evaluator shall provide an initial report to the juvenile court, the 
prosecuting and defense attorneys, and the attorney guardian ad litem, if applicable, 
within 30 days of the receipt of the juvenile court's order.
(b)
If the forensic evaluator informs the juvenile court that additional time is needed, the 
juvenile court may grant, taking into consideration the custody status of the minor, up 
to an additional 15 days to provide the report to the juvenile court and counsel.
(c)
The forensic evaluator must provide the report within 45 days from the receipt of the 
juvenile court's order unless, for good cause shown, the juvenile court authorizes an 
additional period of time to complete the evaluation and provide the report.
(d)
The report shall inform the juvenile court of the forensic evaluator's opinion 
concerning the minor's competency.
(9)
If the forensic evaluator's opinion is that the minor is not competent to proceed, the 
report shall indicate:
(a)
the nature of the minor's:
(i)
mental illness;
(ii)
intellectual disability or related condition; or
(iii)
developmental immaturity;
(b)
the relationship of the minor's mental illness, intellectual disability, related condition, 
or developmental immaturity to the minor's incompetence;
(c)
whether there is a substantial likelihood that the minor may attain competency in the 
foreseeable future;
(d)
the amount of time estimated for the minor to achieve competency if the minor 
undergoes competency attainment treatment, including medication;
(e)
the sources of information used by the forensic evaluator; and
(f)
the basis for clinical findings and opinions.
(10)
Regardless of whether a minor consents to a competency evaluation, any statement 
made by the minor in the course of the competency evaluation, any testimony by the 
forensic evaluator based upon any statement made by the minor in the competency 
evaluation, and any other fruits of the statement made by the minor in the competency 
evaluation:
(a)
may not be admitted in evidence against the minor in a proceeding under this 
chapter, except the statement may be admitted on an issue respecting the mental 
condition on which the minor has introduced evidence; and
(b)
may be admitted where relevant to a determination of the minor's competency.
(11)
Before evaluating the minor for a competency evaluation, a forensic evaluator shall 
specifically advise the minor, and the minor's parent or guardian if reasonably available, 
of the limits of confidentiality as provided under Subsection 
(10)
.
(12)
When the report is received, the juvenile court shall set a date for a competency 
hearing that shall be held in not less than five and not more than 15 days, unless the 
juvenile court enlarges the time for good cause.
(13)
(a)
A minor shall be presumed competent unless the juvenile court, by a 
preponderance of the evidence, finds the minor not competent to proceed.
(b)
The burden of proof is upon the proponent of incompetency to proceed.
(14)
(a)
Following the hearing, the juvenile court shall determine by a preponderance of 
evidence whether the minor is:
(i)
competent to proceed;
(ii)
not competent to proceed with a substantial probability that the minor may attain 
competency in the foreseeable future; or
(iii)
not competent to proceed without a substantial probability that the minor may 
attain competency in the foreseeable future.
(b)
If the juvenile court enters a finding described in Subsection 
(14)(a)(i)
, the juvenile 
court shall proceed with the proceedings in the minor's case.
(c)
If the juvenile court enters a finding described in Subsection 
(14)(a)(ii)
, the juvenile 
court shall proceed in accordance with Section 
80-6-403
.
(d)
(i)
If the juvenile court enters a finding described in Subsection 
(14)(a)(iii)
, the 
juvenile court shall terminate the competency proceeding, dismiss the charges 
against the minor without prejudice, and release the minor from any custody order 
related to the pending proceeding, unless the prosecutor informs the court that 
commitment proceedings will be initiated in accordance with:
(A)
Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for 
People with an Intellectual Disability
;
(B)
if the minor is 18 years old or older, 
Title 26B, Chapter 5, Part 3, Utah State 
Hospital and Other Mental Health Facilities
; or
(C)
if the minor is a child, 
Title 26B, Chapter 5, Part 4, Commitment of Persons 
Under Age 18
.
(ii)
The commitment proceedings described in Subsection 
(14)(d)(i)
 shall be initiated 
within seven days after the day on which the juvenile court enters the order under 
Subsection 
(14)(a)
, unless the court enlarges the time for good cause shown.
(iii)
The juvenile court may order the minor to remain in custody until the 
commitment proceedings have been concluded.
(15)
If the juvenile court finds the minor not competent to proceed, the juvenile court's 
order shall contain findings addressing each of the factors in Subsection 
(7)(b)
.
Section 21, Section 
80-6-403
 is amended to read:
80-6-403
. Disposition on finding of not competent to proceed -- Subsequent 
hearings -- Notice to prosecuting attorneys.
(1)
If the juvenile court determines that the minor is not competent to proceed, and there is 
a substantial likelihood that the minor may attain competency in the foreseeable future, 
the juvenile court shall notify the department of the finding and allow the department 30 
days to develop an attainment plan for the minor.
(2)
The attainment plan shall include:
(a)
any services or treatment the minor has been or is currently receiving that are 
necessary to attain competency;
(b)
any additional services or treatment the minor may require to attain competency;
(c)
an assessment of the parent, custodian, or guardian's ability to access or provide any 
recommended treatment or services;
(d)
any special conditions or supervision that may be necessary for the safety of the 
minor or others during the attainment period; and
(e)
the likelihood that the minor will attain competency and the amount of time likely 
required for the minor to attain competency.
(3)
The department shall provide the attainment plan to the juvenile court, the prosecuting 
attorney, the defense attorney, and the attorney guardian ad litem at least three days 
before the competency disposition hearing.
(4)
(a)
During the attainment period, the minor shall remain in the least restrictive 
appropriate setting.
(b)
A finding of not competent to proceed does not grant authority for a juvenile court to 
place a minor in the custody of a division of the department, or create eligibility for 
services from the Division of Services for People With Disabilities.
(c)
If the juvenile court orders the minor to be held in detention during the attainment 
period, the juvenile court shall make the following findings on the record:
(i)
the placement is the least restrictive appropriate setting;
(ii)
the placement is in the best interest of the minor;
(iii)
the minor will have access to the services and treatment required by the 
attainment plan in the placement; and
(iv)
the placement is necessary for the safety of the minor or others.
(d)
A juvenile court shall terminate an order of detention related to the pending 
proceeding for a minor who is not competent to proceed in that matter if:
(i)
the most severe allegation against the minor if committed by an adult is a class B 
misdemeanor;
(ii)
more than 60 days have passed after the day on which the juvenile court 
adjudicated the minor not competent to proceed; and
(iii)
the minor has not attained competency.
(5)
(a)
At any time that the minor becomes competent to proceed during the attainment 
period, the department shall notify the juvenile court, the prosecuting attorney, the 
defense attorney, and the attorney guardian ad litem.
(b)
The juvenile court shall hold a hearing with 15 business days of notice from the 
department described in Subsection 
(5)(a)
.
(6)
(a)
If at any time during the attainment period the juvenile court finds that there is not 
a substantial probability that the minor will attain competency in the foreseeable 
future, the juvenile court shall terminate the competency proceeding, dismiss the 
petition or information without prejudice, and release the minor from any custody 
order related to the pending proceeding, unless the prosecuting attorney or any other 
individual informs the juvenile court that commitment proceedings will be initiated in 
accordance with:
(i)
Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for 
People with an Intellectual Disability
;
(ii)
if the minor is 18 years old or older, 
Title 26B, Chapter 5, Part 3, Utah State 
Hospital and Other Mental Health Facilities
; or
(iii)
if the minor is a child, 
Title 26B, Chapter 5, Part 4, Commitment of Persons 
Under Age 18
.
(b)
The prosecuting attorney shall initiate the proceedings described in Subsection 
(6)(a)
within seven days after the juvenile court's order, unless the juvenile court enlarges 
the time for good cause shown.
(7)
During the attainment period, the juvenile court may order a hearing or rehearing at 
anytime on the juvenile court's own motion or upon recommendation of any interested 
party or the department.
(8)
(a)
Within three months of the juvenile court's approval of the attainment plan, the 
department shall provide a report on the minor's progress towards competence.
(b)
The report described in Subsection 
(8)(a)
 shall address the minor's:
(i)
compliance with the attainment plan;
(ii)
progress towards competency based on the issues identified in the original 
competency evaluation; and
(iii)
current mental illness, intellectual disability or related condition, or 
developmental immaturity, and need for treatment, if any, and whether there is 
substantial likelihood of the minor attaining competency within six months.
(9)
(a)
Within 30 days of receipt of the report, the juvenile court shall hold a hearing to 
determine the minor's current status.
(b)
At the hearing, the burden of proving the minor is competent is on the proponent of 
competency.
(c)
The juvenile court shall determine by a preponderance of the evidence whether the 
minor is competent to proceed.
(10)
If the minor has not attained competency after the initial three month attainment period 
but is showing reasonable progress towards attainment of competency, the juvenile court 
may extend the attainment period up to an additional three months.
(11)
The department shall provide an updated juvenile competency evaluation at the 
conclusion of the 
six month
extended
 attainment period 
under Subsection 
(10)
to advise 
the juvenile court on the minor's current competency status.
(12)
If the minor does not attain competency within six months after the juvenile court 
initially finds the minor not competent to proceed, the court shall terminate the 
competency proceedings and dismiss the petition or information filed without prejudice, 
unless good cause is shown that there is a substantial likelihood the minor will attain 
competency within one year from the initial finding of not competent to proceed.
(13)
In the event a minor has an unauthorized leave lasting more than 24 hours, the 
attainment period shall toll until the minor returns.
(14)
(a)
Regardless of whether a minor consents to attainment, any statement made by 
the minor in the course of attainment, any testimony by the forensic evaluator based 
upon any statement made by the minor in the course of attainment, and any other 
fruits of a statement made by the minor in the course of attainment:
(i)
may not be admitted in evidence against the minor in a proceeding under this 
chapter, except the statement may be admitted on an issue respecting the mental 
condition on which the minor has introduced evidence; and
(ii)
may be admitted where relevant to a determination of the minor's competency.
(b)
Before evaluating the minor during the attainment period, a forensic evaluator shall 
specifically advise the minor, and the minor's parent or guardian if reasonably 
available, of the limits of confidentiality provided in Subsection 
(14)(a)
.
Section 22. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 10:07 AM