State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-15 > 77-15-6

77-15-6. Commitment on finding of incompetency to stand trial -- Subsequenthearings -- Notice to prosecuting attorneys.
(1) Except as provided in Subsection (5), if after hearing, the person is found to beincompetent to stand trial, the court shall order the defendant committed to the custody of theexecutive director of the Department of Human Services or his designee for the purpose oftreatment intended to restore the defendant to competency. The court may recommend but notorder placement of the defendant. The court may, however, order that the defendant be placed ina secure setting rather than a nonsecure setting. The director or his designee shall designate thespecific placement of the defendant during the period of evaluation and treatment to restorecompetency.
(2) The examiner or examiners designated by the executive director to assess thedefendant's progress toward competency may not be involved in the routine treatment of thedefendant. The examiner or examiners shall provide a full report to the court and prosecutingand defense attorneys within 90 days of arrival of the defendant at the treating facility. If anyexaminer is unable to complete the assessment within 90 days, that examiner shall provide to thecourt and counsel a summary progress report which informs the court that additional time isnecessary to complete the assessment, in which case the examiner shall have up to an additional90 days to provide the full report. The full report shall assess:
(a) the facility's or program's capacity to provide appropriate treatment for the defendant;
(b) the nature of treatments provided to the defendant;
(c) what progress toward competency restoration has been made with respect to thefactors identified by the court in its initial order;
(d) the defendant's current level of mental disorder or mental retardation and need fortreatment, if any; and
(e) the likelihood of restoration of competency and the amount of time estimated toachieve it.
(3) The court on its own motion or upon motion by either party or by the executivedirector may appoint additional mental health examiners to examine the defendant and advise thecourt on his current mental status and progress toward competency restoration.
(4) Upon receipt of the full report, the court shall hold a hearing to determine thedefendant's current status. At the hearing, the burden of proving that the defendant is competentis on the proponent of competency. Following the hearing, the court shall determine by apreponderance of evidence whether the defendant is:
(a) competent to stand trial;
(b) incompetent to stand trial with a substantial probability that the defendant maybecome competent in the foreseeable future; or
(c) incompetent to stand trial without a substantial probability that the defendant maybecome competent in the foreseeable future.
(5) (a) If the court enters a finding pursuant to Subsection (4)(a), the court shall proceedwith the trial or such other procedures as may be necessary to adjudicate the charges.
(b) If the court enters a finding pursuant to Subsection (4)(b), the court may order that thedefendant remain committed to the custody of the executive director of the Department ofHuman Services or his designee for the purpose of treatment intended to restore the defendant tocompetency.
(c) If the court enters a finding pursuant to Subsection (4)(c), the court shall order the

defendant released from the custody of the director unless the prosecutor informs the court thatcommitment proceedings pursuant to Title 62A, Chapter 5, Services to People with Disabilities,or Title 62A, Chapter 15, Substance Abuse and Mental Health Act, will be initiated. Thesecommitment proceedings must be initiated within seven days after the court's order entering thefinding in Subsection (4)(c), unless the court enlarges the time for good cause shown. Thedefendant may be ordered to remain in the custody of the director until commitment proceedingshave been concluded. If the defendant is committed, the court which entered the order pursuantto Subsection (4)(c), shall be notified by the director at least 10 days prior to any release of thecommitted person.
(6) If the defendant is recommitted to the department pursuant to Subsection (5)(b), thecourt shall hold a hearing one year following the recommitment.
(7) At the hearing held pursuant to Subsection (6), except for defendants charged withthe crimes listed in Subsection (8), a defendant who has not been restored to competency shall beordered released or temporarily detained pending civil commitment proceedings under the sameterms as provided in Subsection (5)(c).
(8) If the defendant has been charged with aggravated murder, murder, attemptedmurder, manslaughter, or a first degree felony and the court determines that the defendant ismaking reasonable progress towards restoration of competency at the time of the hearing heldpursuant to Subsection (6), the court may order the defendant recommitted for a period not toexceed 18 months for the purpose of treatment to restore the defendant to competency with amandatory review hearing at the end of the 18-month period.
(9) Except for defendants charged with aggravated murder or murder, a defendant whohas not been restored to competency at the time of the hearing held pursuant to Subsection (8)shall be ordered released or temporarily detained pending civil commitment proceedings underthe same terms as provided in Subsection (5)(c).
(10) If the defendant has been charged with aggravated murder or murder and the courtdetermines that he is making reasonable progress towards restoration of competency at the timeof the mandatory review hearing held pursuant to Subsection (8), the court may order thedefendant recommitted for a period not to exceed 36 months for the purpose of treatment torestore him to competency.
(11) If the defendant is recommitted to the department pursuant to Subsection (10), thecourt shall hold a hearing no later than at 18-month intervals following the recommitment for thepurpose of determining the defendant's competency status.
(12) A defendant who has not been restored to competency at the expiration of theadditional 36-month commitment period ordered pursuant to Subsection (10) shall be orderedreleased or temporarily detained pending civil commitment proceedings under the same terms asprovided in Subsection (5)(c).
(13) In no event may the maximum period of detention under this section exceed themaximum period of incarceration which the defendant could receive if he were convicted of thecharged offense. This Subsection (13) does not preclude pursuing involuntary civil commitmentnor does it place any time limit on civil commitments.
(14) Neither release from a pretrial incompetency commitment under the provisions ofthis section nor civil commitment requires dismissal of criminal charges. The court may retainjurisdiction over the criminal case and may order periodic reviews to assess the defendant'scompetency to stand trial.

(15) A defendant who is civilly committed pursuant to Title 62A, Chapter 5, Services toPeople with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental Health Act, maystill be adjudicated competent to stand trial under this chapter.
(16) (a) The remedy for a violation of the time periods specified in this section, otherthan those specified in Subsection (5)(c), (7), (9), (12), or (13), shall be a motion to compel thehearing, 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), (7), (9),(12), or (13) shall not be dismissal of the criminal charges.
(17) In cases in which the treatment of the defendant is precluded by court order for aperiod of time, that time period may not be considered in computing time limitations under thissection.
(18) At any time that the defendant becomes competent to stand trial, the clinical directorof the hospital or other facility or the executive director of the Department of Human Servicesshall certify that fact to the court. The court shall conduct a hearing within 15 working days ofthe receipt of the clinical director's or executive director's report, unless the court enlarges thetime for good cause.
(19) The court may order a hearing or rehearing at any time on its own motion or uponrecommendations of the clinical director of the hospital or other facility or the executive directorof the Department of Human Services.
(20) Notice of a hearing on competency to stand trial shall be given to the prosecutingattorney. If the hearing is held in the county where the defendant is confined, notice shall also begiven to the prosecuting attorney for that county.

Amended by Chapter 212, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-15 > 77-15-6

77-15-6. Commitment on finding of incompetency to stand trial -- Subsequenthearings -- Notice to prosecuting attorneys.
(1) Except as provided in Subsection (5), if after hearing, the person is found to beincompetent to stand trial, the court shall order the defendant committed to the custody of theexecutive director of the Department of Human Services or his designee for the purpose oftreatment intended to restore the defendant to competency. The court may recommend but notorder placement of the defendant. The court may, however, order that the defendant be placed ina secure setting rather than a nonsecure setting. The director or his designee shall designate thespecific placement of the defendant during the period of evaluation and treatment to restorecompetency.
(2) The examiner or examiners designated by the executive director to assess thedefendant's progress toward competency may not be involved in the routine treatment of thedefendant. The examiner or examiners shall provide a full report to the court and prosecutingand defense attorneys within 90 days of arrival of the defendant at the treating facility. If anyexaminer is unable to complete the assessment within 90 days, that examiner shall provide to thecourt and counsel a summary progress report which informs the court that additional time isnecessary to complete the assessment, in which case the examiner shall have up to an additional90 days to provide the full report. The full report shall assess:
(a) the facility's or program's capacity to provide appropriate treatment for the defendant;
(b) the nature of treatments provided to the defendant;
(c) what progress toward competency restoration has been made with respect to thefactors identified by the court in its initial order;
(d) the defendant's current level of mental disorder or mental retardation and need fortreatment, if any; and
(e) the likelihood of restoration of competency and the amount of time estimated toachieve it.
(3) The court on its own motion or upon motion by either party or by the executivedirector may appoint additional mental health examiners to examine the defendant and advise thecourt on his current mental status and progress toward competency restoration.
(4) Upon receipt of the full report, the court shall hold a hearing to determine thedefendant's current status. At the hearing, the burden of proving that the defendant is competentis on the proponent of competency. Following the hearing, the court shall determine by apreponderance of evidence whether the defendant is:
(a) competent to stand trial;
(b) incompetent to stand trial with a substantial probability that the defendant maybecome competent in the foreseeable future; or
(c) incompetent to stand trial without a substantial probability that the defendant maybecome competent in the foreseeable future.
(5) (a) If the court enters a finding pursuant to Subsection (4)(a), the court shall proceedwith the trial or such other procedures as may be necessary to adjudicate the charges.
(b) If the court enters a finding pursuant to Subsection (4)(b), the court may order that thedefendant remain committed to the custody of the executive director of the Department ofHuman Services or his designee for the purpose of treatment intended to restore the defendant tocompetency.
(c) If the court enters a finding pursuant to Subsection (4)(c), the court shall order the

defendant released from the custody of the director unless the prosecutor informs the court thatcommitment proceedings pursuant to Title 62A, Chapter 5, Services to People with Disabilities,or Title 62A, Chapter 15, Substance Abuse and Mental Health Act, will be initiated. Thesecommitment proceedings must be initiated within seven days after the court's order entering thefinding in Subsection (4)(c), unless the court enlarges the time for good cause shown. Thedefendant may be ordered to remain in the custody of the director until commitment proceedingshave been concluded. If the defendant is committed, the court which entered the order pursuantto Subsection (4)(c), shall be notified by the director at least 10 days prior to any release of thecommitted person.
(6) If the defendant is recommitted to the department pursuant to Subsection (5)(b), thecourt shall hold a hearing one year following the recommitment.
(7) At the hearing held pursuant to Subsection (6), except for defendants charged withthe crimes listed in Subsection (8), a defendant who has not been restored to competency shall beordered released or temporarily detained pending civil commitment proceedings under the sameterms as provided in Subsection (5)(c).
(8) If the defendant has been charged with aggravated murder, murder, attemptedmurder, manslaughter, or a first degree felony and the court determines that the defendant ismaking reasonable progress towards restoration of competency at the time of the hearing heldpursuant to Subsection (6), the court may order the defendant recommitted for a period not toexceed 18 months for the purpose of treatment to restore the defendant to competency with amandatory review hearing at the end of the 18-month period.
(9) Except for defendants charged with aggravated murder or murder, a defendant whohas not been restored to competency at the time of the hearing held pursuant to Subsection (8)shall be ordered released or temporarily detained pending civil commitment proceedings underthe same terms as provided in Subsection (5)(c).
(10) If the defendant has been charged with aggravated murder or murder and the courtdetermines that he is making reasonable progress towards restoration of competency at the timeof the mandatory review hearing held pursuant to Subsection (8), the court may order thedefendant recommitted for a period not to exceed 36 months for the purpose of treatment torestore him to competency.
(11) If the defendant is recommitted to the department pursuant to Subsection (10), thecourt shall hold a hearing no later than at 18-month intervals following the recommitment for thepurpose of determining the defendant's competency status.
(12) A defendant who has not been restored to competency at the expiration of theadditional 36-month commitment period ordered pursuant to Subsection (10) shall be orderedreleased or temporarily detained pending civil commitment proceedings under the same terms asprovided in Subsection (5)(c).
(13) In no event may the maximum period of detention under this section exceed themaximum period of incarceration which the defendant could receive if he were convicted of thecharged offense. This Subsection (13) does not preclude pursuing involuntary civil commitmentnor does it place any time limit on civil commitments.
(14) Neither release from a pretrial incompetency commitment under the provisions ofthis section nor civil commitment requires dismissal of criminal charges. The court may retainjurisdiction over the criminal case and may order periodic reviews to assess the defendant'scompetency to stand trial.

(15) A defendant who is civilly committed pursuant to Title 62A, Chapter 5, Services toPeople with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental Health Act, maystill be adjudicated competent to stand trial under this chapter.
(16) (a) The remedy for a violation of the time periods specified in this section, otherthan those specified in Subsection (5)(c), (7), (9), (12), or (13), shall be a motion to compel thehearing, 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), (7), (9),(12), or (13) shall not be dismissal of the criminal charges.
(17) In cases in which the treatment of the defendant is precluded by court order for aperiod of time, that time period may not be considered in computing time limitations under thissection.
(18) At any time that the defendant becomes competent to stand trial, the clinical directorof the hospital or other facility or the executive director of the Department of Human Servicesshall certify that fact to the court. The court shall conduct a hearing within 15 working days ofthe receipt of the clinical director's or executive director's report, unless the court enlarges thetime for good cause.
(19) The court may order a hearing or rehearing at any time on its own motion or uponrecommendations of the clinical director of the hospital or other facility or the executive directorof the Department of Human Services.
(20) Notice of a hearing on competency to stand trial shall be given to the prosecutingattorney. If the hearing is held in the county where the defendant is confined, notice shall also begiven to the prosecuting attorney for that county.

Amended by Chapter 212, 2008 General Session


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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-15 > 77-15-6

77-15-6. Commitment on finding of incompetency to stand trial -- Subsequenthearings -- Notice to prosecuting attorneys.
(1) Except as provided in Subsection (5), if after hearing, the person is found to beincompetent to stand trial, the court shall order the defendant committed to the custody of theexecutive director of the Department of Human Services or his designee for the purpose oftreatment intended to restore the defendant to competency. The court may recommend but notorder placement of the defendant. The court may, however, order that the defendant be placed ina secure setting rather than a nonsecure setting. The director or his designee shall designate thespecific placement of the defendant during the period of evaluation and treatment to restorecompetency.
(2) The examiner or examiners designated by the executive director to assess thedefendant's progress toward competency may not be involved in the routine treatment of thedefendant. The examiner or examiners shall provide a full report to the court and prosecutingand defense attorneys within 90 days of arrival of the defendant at the treating facility. If anyexaminer is unable to complete the assessment within 90 days, that examiner shall provide to thecourt and counsel a summary progress report which informs the court that additional time isnecessary to complete the assessment, in which case the examiner shall have up to an additional90 days to provide the full report. The full report shall assess:
(a) the facility's or program's capacity to provide appropriate treatment for the defendant;
(b) the nature of treatments provided to the defendant;
(c) what progress toward competency restoration has been made with respect to thefactors identified by the court in its initial order;
(d) the defendant's current level of mental disorder or mental retardation and need fortreatment, if any; and
(e) the likelihood of restoration of competency and the amount of time estimated toachieve it.
(3) The court on its own motion or upon motion by either party or by the executivedirector may appoint additional mental health examiners to examine the defendant and advise thecourt on his current mental status and progress toward competency restoration.
(4) Upon receipt of the full report, the court shall hold a hearing to determine thedefendant's current status. At the hearing, the burden of proving that the defendant is competentis on the proponent of competency. Following the hearing, the court shall determine by apreponderance of evidence whether the defendant is:
(a) competent to stand trial;
(b) incompetent to stand trial with a substantial probability that the defendant maybecome competent in the foreseeable future; or
(c) incompetent to stand trial without a substantial probability that the defendant maybecome competent in the foreseeable future.
(5) (a) If the court enters a finding pursuant to Subsection (4)(a), the court shall proceedwith the trial or such other procedures as may be necessary to adjudicate the charges.
(b) If the court enters a finding pursuant to Subsection (4)(b), the court may order that thedefendant remain committed to the custody of the executive director of the Department ofHuman Services or his designee for the purpose of treatment intended to restore the defendant tocompetency.
(c) If the court enters a finding pursuant to Subsection (4)(c), the court shall order the

defendant released from the custody of the director unless the prosecutor informs the court thatcommitment proceedings pursuant to Title 62A, Chapter 5, Services to People with Disabilities,or Title 62A, Chapter 15, Substance Abuse and Mental Health Act, will be initiated. Thesecommitment proceedings must be initiated within seven days after the court's order entering thefinding in Subsection (4)(c), unless the court enlarges the time for good cause shown. Thedefendant may be ordered to remain in the custody of the director until commitment proceedingshave been concluded. If the defendant is committed, the court which entered the order pursuantto Subsection (4)(c), shall be notified by the director at least 10 days prior to any release of thecommitted person.
(6) If the defendant is recommitted to the department pursuant to Subsection (5)(b), thecourt shall hold a hearing one year following the recommitment.
(7) At the hearing held pursuant to Subsection (6), except for defendants charged withthe crimes listed in Subsection (8), a defendant who has not been restored to competency shall beordered released or temporarily detained pending civil commitment proceedings under the sameterms as provided in Subsection (5)(c).
(8) If the defendant has been charged with aggravated murder, murder, attemptedmurder, manslaughter, or a first degree felony and the court determines that the defendant ismaking reasonable progress towards restoration of competency at the time of the hearing heldpursuant to Subsection (6), the court may order the defendant recommitted for a period not toexceed 18 months for the purpose of treatment to restore the defendant to competency with amandatory review hearing at the end of the 18-month period.
(9) Except for defendants charged with aggravated murder or murder, a defendant whohas not been restored to competency at the time of the hearing held pursuant to Subsection (8)shall be ordered released or temporarily detained pending civil commitment proceedings underthe same terms as provided in Subsection (5)(c).
(10) If the defendant has been charged with aggravated murder or murder and the courtdetermines that he is making reasonable progress towards restoration of competency at the timeof the mandatory review hearing held pursuant to Subsection (8), the court may order thedefendant recommitted for a period not to exceed 36 months for the purpose of treatment torestore him to competency.
(11) If the defendant is recommitted to the department pursuant to Subsection (10), thecourt shall hold a hearing no later than at 18-month intervals following the recommitment for thepurpose of determining the defendant's competency status.
(12) A defendant who has not been restored to competency at the expiration of theadditional 36-month commitment period ordered pursuant to Subsection (10) shall be orderedreleased or temporarily detained pending civil commitment proceedings under the same terms asprovided in Subsection (5)(c).
(13) In no event may the maximum period of detention under this section exceed themaximum period of incarceration which the defendant could receive if he were convicted of thecharged offense. This Subsection (13) does not preclude pursuing involuntary civil commitmentnor does it place any time limit on civil commitments.
(14) Neither release from a pretrial incompetency commitment under the provisions ofthis section nor civil commitment requires dismissal of criminal charges. The court may retainjurisdiction over the criminal case and may order periodic reviews to assess the defendant'scompetency to stand trial.

(15) A defendant who is civilly committed pursuant to Title 62A, Chapter 5, Services toPeople with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental Health Act, maystill be adjudicated competent to stand trial under this chapter.
(16) (a) The remedy for a violation of the time periods specified in this section, otherthan those specified in Subsection (5)(c), (7), (9), (12), or (13), shall be a motion to compel thehearing, 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), (7), (9),(12), or (13) shall not be dismissal of the criminal charges.
(17) In cases in which the treatment of the defendant is precluded by court order for aperiod of time, that time period may not be considered in computing time limitations under thissection.
(18) At any time that the defendant becomes competent to stand trial, the clinical directorof the hospital or other facility or the executive director of the Department of Human Servicesshall certify that fact to the court. The court shall conduct a hearing within 15 working days ofthe receipt of the clinical director's or executive director's report, unless the court enlarges thetime for good cause.
(19) The court may order a hearing or rehearing at any time on its own motion or uponrecommendations of the clinical director of the hospital or other facility or the executive directorof the Department of Human Services.
(20) Notice of a hearing on competency to stand trial shall be given to the prosecutingattorney. If the hearing is held in the county where the defendant is confined, notice shall also begiven to the prosecuting attorney for that county.

Amended by Chapter 212, 2008 General Session


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