77-16a-203 - Review of offenders with a mental illness committed to department -- Recommendations for transfer to Department of Corrections.
77-16a-203. Review of offenders with a mental illness committed to department --Recommendations for transfer to Department of Corrections.
(1) (a) The executive director shall designate a review team of at least three qualifiedstaff members, including at least one licensed psychiatrist, to evaluate the mental condition ofeach mentally ill offender committed to it in accordance with Section 77-16a-202, at least onceevery six months.
(b) If the offender is mentally retarded, the review team shall include at least oneindividual who is a designated mental retardation professional, as defined in Section 62A-5-101.
(2) At the conclusion of its evaluation, the review team described in Subsection (1) shallmake a report to the executive director:
(a) regarding the offender's:
(i) current mental condition;
(ii) progress since commitment; and
(iii) prognosis; and
(b) that includes a recommendation regarding whether the mentally ill offender shouldbe:
(i) transferred to UDC; or
(ii) remain in the custody of the department.
(3) (a) The executive director shall notify the UDC medical administrator, and theboard's mental health adviser that a mentally ill offender is eligible for transfer to UDC if thereview team finds that the offender:
(i) is no longer mentally ill; or
(ii) is still mentally ill and may continue to be a danger to himself or others, but can becontrolled if adequate care, medication, and treatment are provided by UDC; and
(iii) the offender's condition has been stabilized to the point that commitment to thedepartment and admission to the Utah State Hospital are no longer necessary to ensure adequatemental health treatment.
(b) The administrator of the mental health facility where the offender is located shallprovide the UDC medical administrator with a copy of the reviewing staff's recommendationand:
(i) all available clinical facts;
(ii) the diagnosis;
(iii) the course of treatment received at the mental health facility;
(iv) the prognosis for remission of symptoms;
(v) the potential for recidivism;
(vi) an estimation of the offender's dangerousness, either to himself or others; and
(vii) recommendations for future treatment.
Amended by Chapter 61, 2005 General Session