77-16a-201. Probation.
(1) (a) In felony cases, when the court proposes to place on probation a defendant who has
pled or is found guilty and mentally ill at the time of the offense, it shall request UDC to provide
a presentence investigation report regarding whether probation is appropriate for that defendant
and, if so, recommending a specific treatment program. If the defendant is placed on probation,
that treatment program shall be made a condition of probation, and the defendant shall remain
under the jurisdiction of the sentencing court.
(b) The court may not place an offender who has been convicted of the felony offenses
listed in Section 76-3-406 on probation, regardless of whether he is or has been mentally ill.
(2) The period of probation for a felony offense committed by a person who has been
found guilty and mentally ill at the time of the offense may be for no less than five years.
Probation for those offenders may not be subsequently reduced by the sentencing court without
consideration of an updated report on the mental health status of the defendant.
(3) (a) Treatment ordered by the court under this section may be provided by or under
contract with the department, a mental health facility, a local mental health authority, or, with the
approval of the sentencing court, any other public or private mental health provider.
(b) The entity providing treatment under this section shall file a report with the
defendant's probation officer at least every six months during the term of probation.
(c) Any request for termination of probation regarding a defendant who is receiving
treatment under this section shall include a current mental health report prepared by the treatment
provider.
(4) Failure to continue treatment or any other condition of probation, except by agreement
with the entity providing treatment and the sentencing court, is a basis for initiating probation
violation hearings.
(5) The court may not release a mentally ill offender into the community, as a part of
probation, if it finds by clear and convincing evidence that he:
(a) poses an immediate physical danger to himself or others, including jeopardizing his
own or others' safety, health, or welfare if released into the community; or
(b) lacks the ability to provide the basic necessities of life, such as food, clothing, and
shelter, if released into the community.
(6) A mentally ill offender who is not eligible for release into the community under the
provisions of Subsection (5) may be placed by the court, on probation, in an appropriate mental
health facility.
Amended by Chapter 61, 2002 General Session
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Last revised: Thursday, May 28, 2009