62A-1-108.5 - Mental illness and mental retardation examinations -- Responsibilities of the department.
62A-1-108.5. Mental illness and mental retardation examinations -- Responsibilitiesof the department.
(1) In accomplishing its duties to conduct mental illness and mental retardationexaminations under Title 77, Utah Code of Criminal Procedure, the department shall proceed asoutlined in this section and within appropriations authorized by the Legislature. The executivedirector may delegate the executive director's responsibilities under this section to one or moredivisions within the department.
(2) When the department is ordered by the court to conduct a mental illness or mentalretardation examination, the executive director shall:
(a) direct that the examination be performed at the Utah State Hospital; or
(b) designate at least one examiner, selected under Subsection (3), to examine thedefendant in the defendant's current custody or status.
(3) The department shall establish criteria, in consultation with the Commission onCriminal and Juvenile Justice, and shall contract with persons or organizations to conduct mentalillness and mental retardation examinations under Subsection (2)(b). In making this selection,the department shall follow the provisions of Title 63G, Chapter 6, Utah Procurement Code.
(4) Nothing in this section prohibits the executive director, at the request of defensecounsel or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of CriminalProcedure, and for good cause shown, from proposing a person who has not been previouslyselected under Subsection (3) to contract with the department to conduct the examination. Inselecting that person, the criteria of the department established under Subsection (3) and theprovisions of Title 63G, Chapter 6, Utah Procurement Code, shall be met.
Amended by Chapter 382, 2008 General Session