S.B. 97 Enrolled

FORENSIC MENTAL HEALTH COORDINATING
COUNCIL
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Karen Hale
This act amends the Human Services Code. The act changes the name of the Mental Health
and Corrections Advisory Coordinating Council. The act modifies the composition of the
council and expands the purposes of the council. The act moves certain existing provisions
into a new section. The act makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-12-204.5, as last amended by Chapter 256, Laws of Utah 2000
62A-12-209, as last amended by Chapter 234, Laws of Utah 1996
77-16a-204, as last amended by Chapter 256, Laws of Utah 2000
ENACTS:
62A-12-204.6, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-12-204.5 is amended to read:
62A-12-204.5. Forensic Mental Health Coordinating Council -- Establishment and
purpose.
(1) There is established the Forensic Mental Health [and Corrections Advisory]
Coordinating Council composed of the following members:
(a) the director or [his] the director's appointee;
(b) the superintendent of the state hospital or [his] the superintendent's appointee;
(c) the executive director of the Department of Corrections[,] or [his] the executive
director's appointee;
(d) a member of the Board of Pardons and Parole or its appointee;
(e) the attorney general[,] or [his] the attorney general's appointee;
(f) the director of the Division of Services for People with Disabilities[,] or [his] the

director's appointee;
(g) the director of the Division of Youth Corrections or the director's appointee;
(h) the director of the Commission on Criminal and Juvenile Justice or the director's
appointee;
(i) the state court administrator or the administrator's appointee;
(j) the state juvenile court administrator or the administrator's appointee;
[(g)] (k) a representative from a local mental health authority or an organization, excluding
the state hospital that provides mental health services under contract with the Division of Mental
Health or a local mental health authority, as appointed by the director of the division; [and]
(l) the executive director of the Governor's Council for People with Disabilities or the
director's appointee; and
[(h)] (m) other persons as appointed by the members described in Subsections (1)(a) through
[(h)] (l).
(2) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the council at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(3) The purpose of the Forensic Mental Health [and Corrections Advisory] Coordinating
Council is to:
(a) advise the director regarding admissions to the state hospital of persons in the custody
of the Department of Corrections;

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(b) develop policies for coordination between the division and the Department of
Corrections; [and]
(c) advise the executive director of the Department of Corrections regarding issues of care
for persons in the custody of the Department of Corrections who are mentally ill[.];
(d) promote communication between and coordination among all agencies dealing with
persons with mental retardation, as defined in Section 62A-5-101 , or mental illness who become
involved in the civil commitment system or in the criminal or juvenile justice system;
(e) study, evaluate, and recommend changes to laws and procedures relating to persons with
mental retardation or mental illness who become involved in the civil commitment system or in the
criminal or juvenile justice system;
(f) identify and promote the implementation of specific policies and programs to deal fairly
and efficiently with persons with mental retardation or mental illness who become involved in the
civil commitment system or in the criminal or juvenile justice system; and
(g) promote judicial education relating to persons with mental retardation or mental illness
who become involved in the civil commitment system or in the criminal or juvenile justice system.
[(4) The executive director of the Department of Corrections may request the director to
admit a person who is in the custody of the Department of Corrections to the state hospital, if the
clinical director of mental health within the Department of Corrections finds that the inmate has
mentally deteriorated to the point that admission to the state hospital is necessary to ensure adequate
mental health treatment. In determining whether that inmate should be placed in the state hospital,
the director of the division shall consider:]
[(a) the mental health treatment needs of the inmate;]
[(b) the treatment programs available at the state hospital; and]
[(c) whether the inmate meets the requirements of Subsection 62A-12-209 (2).]
[(5) If the director denies the admission of an inmate as requested by the clinical director of
mental health within the Department of Corrections, the Board of Pardons and Parole shall determine
whether the inmate will be admitted to the state hospital. The Board of Pardons and Parole shall
consider:]

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[(a) the mental health treatment needs of the inmate;]
[(b) the treatment programs available at the state hospital; and]
[(c) whether the inmate meets the requirements of Subsection 62A-12-209 (2).]
[(6) The state hospital shall receive any person in the custody of the Department of
Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to
Subsection (5). Any person so transferred to the state hospital shall remain in the custody of the
Department of Corrections, and the state hospital shall act solely as the agent of the Department of
Corrections.]
[(7) Inmates transferred to the state hospital pursuant to this section shall be transferred back
to the Department of Corrections through negotiations between the director and the director of the
Department of Corrections. If agreement between the director and the director of the Department
of Corrections cannot be reached, the Board of Pardons and Parole shall have final authority in
determining whether a person will be transferred back to the Department of Corrections. In making
that determination, that board shall consider:]
[(a) the mental health treatment needs of the inmate;]
[(b) the treatment programs available at the state hospital;]
[(c) whether the person continues to meet the requirements of Subsection 62A-12-209 (2);]
[(d) the ability of the state hospital to provide adequate treatment to the person, as well as
safety and security to the public; and]
[(e) whether, in the opinion of the director of the division, in consultation with the clinical
director of the state hospital, the person's treatment needs have been met.]
Section 2. Section 62A-12-204.6 is enacted to read:
62A-12-204.6. Admission of person in custody of Department of Corrections to state
hospital -- Retransfer of person to Department of Corrections.
(1) The executive director of the Department of Corrections may request the director to
admit a person who is in the custody of the Department of Corrections to the state hospital, if the
clinical director within the Department of Corrections finds that the inmate has mentally deteriorated
to the point that admission to the state hospital is necessary to ensure adequate mental health

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treatment. In determining whether that inmate should be placed in the state hospital, the director of
the division shall consider:
(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital; and
(c) whether the inmate meets the requirements of Subsection 62A-12-209 (2).
(2) If the director denies the admission of an inmate as requested by the clinical director
within the Department of Corrections, the Board of Pardons and Parole shall determine whether the
inmate will be admitted to the state hospital. The Board of Pardons and Parole shall consider:
(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital; and
(c) whether the inmate meets the requirements of Subsection 62A-12-209 (2).
(3) The state hospital shall receive any person in the custody of the Department of
Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to
Subsection (1) or (2). Any person so transferred to the state hospital shall remain in the custody of
the Department of Corrections, and the state hospital shall act solely as the agent of the Department
of Corrections.
(4) Inmates transferred to the state hospital pursuant to this section shall be transferred back
to the Department of Corrections through negotiations between the director and the director of the
Department of Corrections. If agreement between the director and the director of the Department
of Corrections cannot be reached, the Board of Pardons and Parole shall have final authority in
determining whether a person will be transferred back to the Department of Corrections. In making
that determination, that board shall consider:
(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital;
(c) whether the person continues to meet the requirements of Subsection 62A-12-209 (2);
(d) the ability of the state hospital to provide adequate treatment to the person, as well as
safety and security to the public; and
(e) whether, in the opinion of the director, in consultation with the clinical director of the

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state hospital, the person's treatment needs have been met.
Section 3. Section 62A-12-209 is amended to read:
62A-12-209. Objectives of state hospital and other facilities -- Persons who may be
admitted to state hospital.
(1) The objectives of the state hospital and other mental health facilities shall be to care for
all persons within this state who are subject to the provisions of this chapter; and to furnish them
with the proper attendance, medical treatment, seclusion, rest, restraint, amusement, occupation, and
support that is conducive to their physical and mental well-being.
(2) Only the following persons may be admitted to the state hospital:
(a) persons 18 years of age and older who meet the criteria necessary for commitment under
this part and who have severe mental disorders for whom no appropriate, less restrictive treatment
alternative is available;
(b) persons under 18 years of age who meet the criteria necessary for commitment under Part
2A and for whom no less restrictive alternative is available;
(c) persons adjudicated and found to be guilty and mentally ill under Title 77, Chapter 16a,
Commitment and Treatment of Mentally Ill Persons;
(d) persons adjudicated and found to be not guilty by reason of insanity who are under a
subsequent commitment order because they are mentally ill and a danger to themselves or others,
under Section 77-16a-302 ;
(e) persons found incompetent to proceed under Section 77-15-6 ;
(f) persons who require an examination under Title 77; and
(g) persons in the custody of the Department of Corrections, admitted in accordance with
Section [ 62A-12-204.5 ] 62A-12-204.6 , giving priority to those persons with severe mental disorders.
Section 4. Section 77-16a-204 is amended to read:
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

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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 [Subsections 62A-12-204.5 (4) through (6)] Section 62A-12-204.6 .
(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 .

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