62A-15-605.5 - Admission of person in custody of Department of Corrections to state hospital -- Retransfer of person to Department of Corrections.
62A-15-605.5. Admission of person in custody of Department of Corrections tostate hospital -- Retransfer of person to Department of Corrections.
(1) The executive director of the Department of Corrections may request the director toadmit a person who is in the custody of the Department of Corrections to the state hospital, if theclinical director within the Department of Corrections finds that the inmate has mentallydeteriorated to the point that admission to the state hospital is necessary to ensure adequate mentalhealth treatment. In determining whether that inmate should be placed in the state hospital, thedirector of the division shall consider:
(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital; and
(c) whether the inmate meets the requirements of Subsection 62A-15-610(2).
(2) If the director denies the admission of an inmate as requested by the clinical directorwithin the Department of Corrections, the Board of Pardons and Parole shall determine whetherthe inmate will be admitted to the state hospital. The Board of Pardons and Parole shall consider:
(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital; and
(c) whether the inmate meets the requirements of Subsection 62A-15-610(2).
(3) The state hospital shall receive any person in the custody of the Department ofCorrections when ordered by either the director or the Board of Pardons and Parole, pursuant toSubsection (1) or (2). Any person so transferred to the state hospital shall remain in the custodyof the Department of Corrections, and the state hospital shall act solely as the agent of theDepartment of Corrections.
(4) Inmates transferred to the state hospital pursuant to this section shall be transferredback to the Department of Corrections through negotiations between the director and the directorof the Department of Corrections. If agreement between the director and the director of theDepartment of Corrections cannot be reached, the Board of Pardons and Parole shall have finalauthority in determining whether a person will be transferred back to the Department ofCorrections. In making that determination, that board shall consider:
(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital;
(c) whether the person continues to meet the requirements of Subsection 62A-15-610(2);
(d) the ability of the state hospital to provide adequate treatment to the person, as well assafety and security to the public; and
(e) whether, in the opinion of the director, in consultation with the clinical director of thestate hospital, the person's treatment needs have been met.
Renumbered and Amended by Chapter 8, 2002 Special Session 5