77-16a-202 - Person found guilty and mentally ill -- Commitment to department -- Admission to Utah State Hospital.
77-16a-202. Person found guilty and mentally ill -- Commitment to department --Admission to Utah State Hospital.
(1) In sentencing and committing a mentally ill offender to the department underSubsection 77-16a-104(3)(a), the court shall:
(a) sentence the offender to a term of imprisonment and order that he be committed to thedepartment and admitted to the Utah State Hospital for care and treatment until transferred toUDC in accordance with Sections 77-16a-203 and 77-16a-204, making provision for readmissionto the Utah State Hospital whenever the requirements and conditions of Section 77-16a-204 aremet; or
(b) sentence the offender to a term of imprisonment and order that he be committed to thedepartment for care and treatment for no more than 18 months, or until the offender's conditionhas been stabilized to the point that commitment to the department and admission to the UtahState Hospital is no longer necessary to ensure adequate mental health treatment, whicheveroccurs first. At the expiration of that time, the court may recall the sentence and commitment, andresentence the offender. A commitment and retention of jurisdiction under this Subsection (1)(b)shall be specified in the sentencing order. If that specification is not included in the sentencingorder, the offender shall be committed in accordance with Subsection (1)(a).
(2) The court may not retain jurisdiction, under Subsection (1)(b), over the sentence of amentally ill offender who has been convicted of a capital felony. In capital cases, the court shallmake the findings required by this section after the capital sentencing proceeding mandated bySection 76-3-207.
(3) When an offender is committed to the department and admitted to the Utah StateHospital under Subsection (1)(b), the department shall provide the court with reports of theoffender's mental health status every six months. Those reports shall be prepared in accordancewith the requirements of Section 77-16a-203. Additionally, the court may appoint an independentexaminer to assess the mental health status of the offender.
(4) The period of commitment to the department and admission to the Utah StateHospital, and any subsequent retransfers to the Utah State Hospital made pursuant to Section77-16a-204 may not exceed the maximum sentence imposed by the court. Upon expiration ofthat sentence, the administrator of the facility where the offender is located may initiate civilproceedings for involuntary commitment in accordance with Title 62A, Chapter 5, Services toPeople with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental Health Act.
Amended by Chapter 8, 2002 Special Session 5