62A-15-902 - Design and operation -- Security.
62A-15-902. 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, as defined in Section 62A-15-602,necessitating treatment in a secure mental health facility;
(ii) criminally adjudicated persons found guilty and mentally ill or guilty and mentally illat the time of the offense undergoing evaluation for mental illness under Title 77, Chapter 16a,Commitment and Treatment of Mentally Ill Persons;
(iii) criminally adjudicated persons undergoing evaluation for competency or foundguilty and mentally ill or guilty and mentally ill at the time of the offense under Title 77, Chapter16a, Commitment and Treatment of Mentally Ill Persons, who also have mental retardation;
(iv) persons undergoing evaluation for competency or found by a court to be incompetentto proceed in accordance with Title 77, Chapter 15, Inquiry Into Sanity of Defendant, or notguilty by reason of insanity under Title 77, Chapter 14, Defenses;
(v) persons who are civilly committed to the custody of a local mental health authorityin accordance with Title 62A, Chapter 15, Part 6, Utah State Hospital and Other Mental HealthFacilities, and who may not be properly supervised by the Utah State Hospital because of a lackof 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 of SubstanceAbuse and Mental Health for treatment at the Utah State Hospital as a condition of probation orstay of sentence pursuant to Title 77, Chapter 18, The Judgment.
(b) Placement of an offender in the forensic mental health facility under any categorydescribed in Subsection (2)(a)(ii), (iii), (iv), or (vi) shall be made on the basis of the offender'sstatus as established by the court at the time of adjudication.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment shall make rules providing for the allocation of beds to the categories described inSubsection (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 62A-15-603(3) the executive director shall designateindividuals to perform security functions for the state hospital.
Amended by Chapter 218, 2010 General Session