77-16a-204 - UDC acceptance of transfer of guilty and mentally ill persons -- Retransfer from UDC to department for admission to the Utah State Hospital.
77-16a-204. UDC acceptance of transfer of guilty and mentally ill persons --Retransfer from UDC to department for admission to the Utah State Hospital.
(1) The UDC medical administrator shall designate a transfer team of at least threequalified staff members, including at least one licensed psychiatrist, to evaluate therecommendation made by the department's review team pursuant to Section 77-16a-203. If theoffender is mentally retarded, the transfer team shall include at least one person who has expertisein testing and diagnosis of mentally retarded individuals.
(2) The transfer team shall concur in the recommendation if it determines that UDC canprovide the mentally ill offender with adequate mental health treatment.
(3) The UDC transfer team and medical administrator shall recommend the facility inwhich the offender should be placed and the treatment to be provided in order for his mentalcondition to remain stabilized to the director of the Division of Institutional Operations, within theDepartment of Corrections.
(4) In the event that the department and UDC do not agree on the transfer of a mentally illoffender, the administrator of the mental health facility where the offender is located shall notifythe mental health adviser for the board, in writing, of the dispute. The mental health adviser shallbe provided with copies of all reports and recommendations. The board's mental health advisershall make a recommendation to the board on the transfer and the board shall issue its decisionwithin 30 days.
(5) UDC shall notify the board whenever a mentally ill offender is transferred from thedepartment to UDC.
(6) When a mentally ill offender sentenced under Section 77-16a-202, who has beentransferred from the department to UDC, and accepted by UDC, is evaluated and it is determinedthat the offender's mental condition has deteriorated or that the offender has become mentallyunstable, the offender may be readmitted to the Utah State Hospital in accordance with thefindings and procedures described in Section 62A-15-605.5.
(7) Any person readmitted to the Utah State Hospital pursuant to Subsection (6) shallremain in the custody of UDC, and the state hospital shall act solely as the agent of UDC.
(8) A mentally ill offender who has been readmitted to the Utah State Hospital pursuantto Subsection (6) shall be transferred back to UDC in accordance with the provisions of Section77-16a-203.
Amended by Chapter 8, 2002 Special Session 5