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S.B. 97

             1     

FORENSIC MENTAL HEALTH COORDINATING

             2     
COUNCIL

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Karen Hale

             6      This act amends the Human Services Code. The act changes the name of the Mental Health
             7      and Corrections Advisory Coordinating Council. The act modifies the composition of the
             8      council and expands the purposes of the council. The act moves certain existing provisions
             9      into a new section. The act makes technical changes.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          62A-12-204.5, as last amended by Chapter 256, Laws of Utah 2000
             13          62A-12-209, as last amended by Chapter 234, Laws of Utah 1996
             14          77-16a-204, as last amended by Chapter 256, Laws of Utah 2000
             15      ENACTS:
             16          62A-12-204.6, Utah Code Annotated 1953
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 62A-12-204.5 is amended to read:
             19           62A-12-204.5. Forensic Mental Health Coordinating Council -- Establishment and
             20      purpose.
             21          (1) There is established the Forensic Mental Health [and Corrections Advisory]
             22      Coordinating Council composed of the following members:
             23          (a) the director or [his] the director's appointee;
             24          (b) the superintendent of the state hospital or [his] the superintendent's appointee;
             25          (c) the executive director of the Department of Corrections[,] or [his] the executive
             26      director's appointee;
             27          (d) a member of the Board of Pardons and Parole or its appointee;



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             28
         (e) the attorney general[,] or [his] the attorney general's appointee;
             29          (f) the director of the Division of Services for People with Disabilities[,] or [his] the
             30      director's appointee;
             31          (g) the director of the Division of Youth Corrections or the director's appointee;
             32          (h) the director of the Commission on Criminal and Juvenile Justice or the director's
             33      appointee;
             34          (i) the state court administrator or the administrator's appointee;
             35          (j) the state juvenile court administrator or the administrator's appointee;
             36          [(g)] (k) a representative from a local mental health authority or an organization, excluding
             37      the state hospital that provides mental health services under contract with the Division of Mental
             38      Health or a local mental health authority, as appointed by the director of the division; [and]
             39          (l) the executive director of the Governor's Council for People with Disabilities or the
             40      director's appointee; h [ [ ] and [ ] ]
             40a           [ (m) THE DIRECTOR OF THE DISABILITY LAW CENTER OR THE DIRECTOR'S APPOINTEE;
             40b      AND
] h
             41          [(h)] h [ [ ] ( m ) [ ] ] [ ( n ) ] h other persons as appointed by the members described in
             41a      Subsections (1)(a)
             42      through [(h)] h [ [ ] (l) [ ] ] [ (m) ] h .
             43          (2) (a) (i) Members who are not government employees shall receive no compensation or
             44      benefits for their services, but may receive per diem and expenses incurred in the performance of
             45      the member's official duties at the rates established by the Division of Finance under Sections
             46      63A-3-106 and 63A-3-107 .
             47          (ii) Members may decline to receive per diem and expenses for their service.
             48          (b) (i) State government officer and employee members who do not receive salary, per
             49      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             50      in the performance of their official duties from the council at the rates established by the Division
             51      of Finance under Sections 63A-3-106 and 63A-3-107 .
             52          (ii) State government officer and employee members may decline to receive per diem and
             53      expenses for their service.
             54          (3) The purpose of the Forensic Mental Health [and Corrections Advisory] Coordinating
             55      Council is to:
             56          (a) advise the director regarding admissions to the state hospital of persons in the custody
             57      of the Department of Corrections;
             58          (b) develop policies for coordination between the division and the Department of



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             59
     Corrections; [and]
             60          (c) advise the executive director of the Department of Corrections regarding issues of care
             61      for persons in the custody of the Department of Corrections who are mentally ill[.];
             62          (d) promote communication between and coordination among all agencies dealing with
             63      persons with mental retardation, as defined in Section 62A-5-101 , or mental illness who become
             64      involved in the civil commitment system or in the criminal or juvenile justice system;
             65          (e) study, evaluate, and recommend changes to laws and procedures relating to persons
             66      with mental retardation or mental illness who become involved in the civil commitment system
             67      or in the criminal or juvenile justice system;
             68          (f) identify and promote the implementation of specific policies and programs to deal fairly
             69      and efficiently with persons with mental retardation or mental illness who become involved in the
             70      civil commitment system or in the criminal or juvenile justice system; and
             71          (g) promote judicial education relating to persons with mental retardation or mental illness
             72      who become involved in the civil commitment system or in the criminal or juvenile justice system.
             73          [(4) The executive director of the Department of Corrections may request the director to
             74      admit a person who is in the custody of the Department of Corrections to the state hospital, if the
             75      clinical director of mental health within the Department of Corrections finds that the inmate has
             76      mentally deteriorated to the point that admission to the state hospital is necessary to ensure
             77      adequate mental health treatment. In determining whether that inmate should be placed in the state
             78      hospital, the director of the division shall consider:]
             79          [(a) the mental health treatment needs of the inmate;]
             80          [(b) the treatment programs available at the state hospital; and]
             81          [(c) whether the inmate meets the requirements of Subsection 62A-12-209 (2).]
             82          [(5) If the director denies the admission of an inmate as requested by the clinical director
             83      of mental health within the Department of Corrections, the Board of Pardons and Parole shall
             84      determine whether the inmate will be admitted to the state hospital. The Board of Pardons and
             85      Parole shall consider:]
             86          [(a) the mental health treatment needs of the inmate;]
             87          [(b) the treatment programs available at the state hospital; and]
             88          [(c) whether the inmate meets the requirements of Subsection 62A-12-209 (2).]
             89          [(6) The state hospital shall receive any person in the custody of the Department of



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             90
     Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to
             91      Subsection (5). Any person so transferred to the state hospital shall remain in the custody of the
             92      Department of Corrections, and the state hospital shall act solely as the agent of the Department
             93      of Corrections.]
             94          [(7) Inmates transferred to the state hospital pursuant to this section shall be transferred
             95      back to the Department of Corrections through negotiations between the director and the director
             96      of the Department of Corrections. If agreement between the director and the director of the
             97      Department of Corrections cannot be reached, the Board of Pardons and Parole shall have final
             98      authority in determining whether a person will be transferred back to the Department of
             99      Corrections. In making that determination, that board shall consider:]
             100          [(a) the mental health treatment needs of the inmate;]
             101          [(b) the treatment programs available at the state hospital;]
             102          [(c) whether the person continues to meet the requirements of Subsection 62A-12-209 (2);]
             103          [(d) the ability of the state hospital to provide adequate treatment to the person, as well as
             104      safety and security to the public; and]
             105          [(e) whether, in the opinion of the director of the division, in consultation with the clinical
             106      director of the state hospital, the person's treatment needs have been met.]
             107          Section 2. Section 62A-12-204.6 is enacted to read:
             108          62A-12-204.6. Admission of person in custody of Department of Corrections to state
             109      hospital -- Retransfer of person to Department of Corrections.
             110          (1) The executive director of the Department of Corrections may request the director to
             111      admit a person who is in the custody of the Department of Corrections to the state hospital, if the
             112      clinical director within the Department of Corrections finds that the inmate has mentally
             113      deteriorated to the point that admission to the state hospital is necessary to ensure adequate mental
             114      health treatment. In determining whether that inmate should be placed in the state hospital, the
             115      director of the division shall consider:
             116          (a) the mental health treatment needs of the inmate;
             117          (b) the treatment programs available at the state hospital; and
             118          (c) whether the inmate meets the requirements of Subsection 62A-12-209 (2).
             119          (2) If the director denies the admission of an inmate as requested by the clinical director
             120      within the Department of Corrections, the Board of Pardons and Parole shall determine whether



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             121
     the inmate will be admitted to the state hospital. The Board of Pardons and Parole shall consider:
             122          (a) the mental health treatment needs of the inmate;
             123          (b) the treatment programs available at the state hospital; and
             124          (c) whether the inmate meets the requirements of Subsection 62A-12-209 (2).
             125          (3) The state hospital shall receive any person in the custody of the Department of
             126      Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to
             127      Subsection (2). Any person so transferred to the state hospital shall remain in the custody of the
             128      Department of Corrections, and the state hospital shall act solely as the agent of the Department
             129      of Corrections.
             130          (4) Inmates transferred to the state hospital pursuant to this section shall be transferred
             131      back to the Department of Corrections through negotiations between the director and the director
             132      of the Department of Corrections. If agreement between the director and the director of the
             133      Department of Corrections cannot be reached, the Board of Pardons and Parole shall have final
             134      authority in determining whether a person will be transferred back to the Department of
             135      Corrections. In making that determination, that board shall consider:
             136          (a) the mental health treatment needs of the inmate;
             137          (b) the treatment programs available at the state hospital;
             138          (c) whether the person continues to meet the requirements of Subsection 62A-12-209 (2);
             139          (d) the ability of the state hospital to provide adequate treatment to the person, as well as
             140      safety and security to the public; and
             141          (e) whether, in the opinion of the director, in consultation with the clinical director of the
             142      state hospital, the person's treatment needs have been met.
             143          Section 3. Section 62A-12-209 is amended to read:
             144           62A-12-209. Objectives of state hospital and other facilities -- Persons who may be
             145      admitted to state hospital.
             146          (1) The objectives of the state hospital and other mental health facilities shall be to care
             147      for all persons within this state who are subject to the provisions of this chapter; and to furnish
             148      them with the proper attendance, medical treatment, seclusion, rest, restraint, amusement,
             149      occupation, and support that is conducive to their physical and mental well-being.
             150          (2) Only the following persons may be admitted to the state hospital:
             151          (a) persons 18 years of age and older who meet the criteria necessary for commitment



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             152
     under this part and who have severe mental disorders for whom no appropriate, less restrictive
             153      treatment alternative is available;
             154          (b) persons under 18 years of age who meet the criteria necessary for commitment under
             155      Part 2A and for whom no less restrictive alternative is available;
             156          (c) persons adjudicated and found to be guilty and mentally ill under Title 77, Chapter 16a,
             157      Commitment and Treatment of Mentally Ill Persons;
             158          (d) persons adjudicated and found to be not guilty by reason of insanity who are under a
             159      subsequent commitment order because they are mentally ill and a danger to themselves or others,
             160      under Section 77-16a-302 ;
             161          (e) persons found incompetent to proceed under Section 77-15-6 ;
             162          (f) persons who require an examination under Title 77; and
             163          (g) persons in the custody of the Department of Corrections, admitted in accordance with
             164      Section [ 62A-12-204.5 ] 62A-12-204.6 , giving priority to those persons with severe mental
             165      disorders.
             166          Section 4. Section 77-16a-204 is amended to read:
             167           77-16a-204. UDC acceptance of transfer of guilty and mentally ill persons --
             168      Retransfer from UDC to department for admission to the Utah State Hospital.
             169          (1) The UDC medical administrator shall designate a transfer team of at least three
             170      qualified staff members, including at least one licensed psychiatrist, to evaluate the
             171      recommendation made by the department's review team pursuant to Section 77-16a-203 . If the
             172      offender is mentally retarded, the transfer team shall include at least one person who has expertise
             173      in testing and diagnosis of mentally retarded individuals.
             174          (2) The transfer team shall concur in the recommendation if it determines that UDC can
             175      provide the mentally ill offender with adequate mental health treatment.
             176          (3) The UDC transfer team and medical administrator shall recommend the facility in
             177      which the offender should be placed and the treatment to be provided in order for his mental
             178      condition to remain stabilized to the director of the Division of Institutional Operations, within the
             179      Department of Corrections.
             180          (4) In the event that the department and UDC do not agree on the transfer of a mentally
             181      ill offender, the administrator of the mental health facility where the offender is located shall notify
             182      the mental health adviser for the board, in writing, of the dispute. The mental health adviser shall



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             183
     be provided with copies of all reports and recommendations. The board's mental health adviser
             184      shall make a recommendation to the board on the transfer and the board shall issue its decision
             185      within 30 days.
             186          (5) UDC shall notify the board whenever a mentally ill offender is transferred from the
             187      department to UDC.
             188          (6) When a mentally ill offender sentenced under Section 77-16a-202 , who has been
             189      transferred from the department to UDC, and accepted by UDC, is evaluated and it is determined
             190      that the offender's mental condition has deteriorated or that the offender has become mentally
             191      unstable, the offender may be readmitted to the Utah State Hospital in accordance with the findings
             192      and procedures described in [Subsections 62A-12-204.5 (4) through (6)] Section 62A-12-204.6 .
             193          (7) Any person readmitted to the Utah State Hospital pursuant to Subsection (6) shall
             194      remain in the custody of UDC, and the state hospital shall act solely as the agent of UDC.
             195          (8) A mentally ill offender who has been readmitted to the Utah State Hospital pursuant
             196      to Subsection (6) shall be transferred back to UDC in accordance with the provisions of Section
             197      77-16a-203 .





Legislative Review Note
    as of 11-19-01 12:48 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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