77-16a-305 - Conditional release. - Utah Statutes

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Statutes > Utah > Title-77 > Chapter-16a > 77-16a-305

77-16a-305. Conditional release.
(1) If the review team finds that a defendant is not eligible for discharge, in accordancewith Section 77-16a-304, but that his mental illness and dangerousness can be controlled withproper care, medication, supervision, and treatment if he is conditionally released, the reviewteam shall prepare a report and notify the executive director, or his designee, that the defendant isa candidate for conditional release.
(2) The executive director, or his designee, shall prepare a conditional release plan, listingthe type of care and treatment that the individual needs and recommending a treatment provider.
(3) The executive director, or his designee, shall provide the court, the defendant'sattorney, and the prosecuting attorney with a copy of the report issued by the review team underSubsection (1), and the conditional release plan. The court shall conduct a hearing on the issue ofconditional release within 30 days after receipt of those documents.
(4) The court may order that a defendant be conditionally released if it finds that, eventhough the defendant presents a substantial danger to himself or others, he can be adequatelycontrolled with supervision and treatment that is available and provided for in the conditionalrelease plan.
(5) The department may provide treatment or contract with a local mental health authorityor other public or private provider to provide treatment for a defendant who is conditionallyreleased under this section.

Amended by Chapter 285, 1993 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-16a > 77-16a-305

77-16a-305. Conditional release.
(1) If the review team finds that a defendant is not eligible for discharge, in accordancewith Section 77-16a-304, but that his mental illness and dangerousness can be controlled withproper care, medication, supervision, and treatment if he is conditionally released, the reviewteam shall prepare a report and notify the executive director, or his designee, that the defendant isa candidate for conditional release.
(2) The executive director, or his designee, shall prepare a conditional release plan, listingthe type of care and treatment that the individual needs and recommending a treatment provider.
(3) The executive director, or his designee, shall provide the court, the defendant'sattorney, and the prosecuting attorney with a copy of the report issued by the review team underSubsection (1), and the conditional release plan. The court shall conduct a hearing on the issue ofconditional release within 30 days after receipt of those documents.
(4) The court may order that a defendant be conditionally released if it finds that, eventhough the defendant presents a substantial danger to himself or others, he can be adequatelycontrolled with supervision and treatment that is available and provided for in the conditionalrelease plan.
(5) The department may provide treatment or contract with a local mental health authorityor other public or private provider to provide treatment for a defendant who is conditionallyreleased under this section.

Amended by Chapter 285, 1993 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-16a > 77-16a-305

77-16a-305. Conditional release.
(1) If the review team finds that a defendant is not eligible for discharge, in accordancewith Section 77-16a-304, but that his mental illness and dangerousness can be controlled withproper care, medication, supervision, and treatment if he is conditionally released, the reviewteam shall prepare a report and notify the executive director, or his designee, that the defendant isa candidate for conditional release.
(2) The executive director, or his designee, shall prepare a conditional release plan, listingthe type of care and treatment that the individual needs and recommending a treatment provider.
(3) The executive director, or his designee, shall provide the court, the defendant'sattorney, and the prosecuting attorney with a copy of the report issued by the review team underSubsection (1), and the conditional release plan. The court shall conduct a hearing on the issue ofconditional release within 30 days after receipt of those documents.
(4) The court may order that a defendant be conditionally released if it finds that, eventhough the defendant presents a substantial danger to himself or others, he can be adequatelycontrolled with supervision and treatment that is available and provided for in the conditionalrelease plan.
(5) The department may provide treatment or contract with a local mental health authorityor other public or private provider to provide treatment for a defendant who is conditionallyreleased under this section.

Amended by Chapter 285, 1993 General Session