Title 77 Chapter 15 Section 2

Utah Code of Criminal Procedure
Inquiry into Sanity of Defendant
Section 2
"Incompetent to proceed" defined.


77-15-2.   "Incompetent to proceed" defined.

            For the purposes of this chapter, a person is incompetent to proceed if he is suffering from a mental disorder or mental retardation resulting either in:

            (1) his inability to have a rational and factual understanding of the proceedings against him or of the punishment specified for the offense charged; or

            (2) his inability to consult with his counsel and to participate in the proceedings against him with a reasonable degree of rational understanding.

Amended by Chapter 162, 1994 General Session