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 three
qualified staff members, including at least one licensed psychiatrist, to evaluate the
recommendation made by the department's review team pursuant to Section 77-16a-203. If the
offender is mentally retarded, the transfer team shall include at least one person who has expertise
in testing and diagnosis of mentally retarded individuals.
(2) The transfer team shall concur in the recommendation if it determines that UDC can
provide the mentally ill offender with adequate mental health treatment.
(3) The UDC transfer team and medical administrator shall recommend the facility in
which the offender should be placed and the treatment to be provided in order for his mental
condition to remain stabilized to the director of the Division of Institutional Operations, within the
Department of Corrections.
(4) In the event that the department and UDC do not agree on the transfer of a mentally ill
offender, the administrator of the mental health facility where the offender is located shall notify
the mental health adviser for the board, in writing, of the dispute. The mental health adviser shall
be provided with copies of all reports and recommendations. The board's mental health adviser
shall make a recommendation to the board on the transfer and the board shall issue its decision
within 30 days.
(5) UDC shall notify the board whenever a mentally ill offender is transferred from the
department to UDC.
(6) When a mentally ill offender sentenced under Section 77-16a-202, who has been
transferred from the department to UDC, and accepted by UDC, is evaluated and it is determined
that the offender's mental condition has deteriorated or that the offender has become mentally
unstable, the offender may be readmitted to the Utah State Hospital in accordance with the
findings and procedures described in Section 62A-15-605.5.
(7) Any person readmitted to the Utah State Hospital pursuant to Subsection (6) shall
remain 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 pursuant
to Subsection (6) shall be transferred back to UDC in accordance with the provisions of Section
77-16a-203.
Amended by Chapter 8, 2002 Special Session 5
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Last revised: Thursday, May 28, 2009