H.B. 5008 Enrolled

CONSOLIDATION OF DIVISIONS OF
MENTAL HEALTH AND SUBSTANCE ABUSE
2002 FIFTH SPECIAL SESSION
STATE OF UTAH
Sponsor: Jack A. Seitz
This act modifies the Human Services Code. This act creates a new Division of Substance
Abuse and Mental Health within the Department of Human Services by combining the
Division of Substance Abuse and the Division of Mental Health. This act makes a
corresponding change to the policy boards associated with each division. This act makes
conforming changes to other statutes and makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-50-318, as renumbered and amended by Chapter 133, Laws of Utah 2000
17A-3-602, as last amended by Chapter 291, Laws of Utah 2002
17A-3-606, as last amended by Chapter 181 and renumbered and amended by Chapter 186,
Laws of Utah 1990
17A-3-701, as last amended by Chapters 18 and 291, Laws of Utah 2002
26-8a-601, as last amended by Chapter 62, Laws of Utah 2000
26-18-3.7, as last amended by Chapter 1, Laws of Utah 2000
26-25-1, as last amended by Chapter 201, Laws of Utah 1996
26-25-2, as last amended by Chapter 201, Laws of Utah 1996
32A-1-401, as last amended by Chapter 341, Laws of Utah 2001
41-6-44, as last amended by Chapters 8, 54 and 106, Laws of Utah 2002
51-2-1, as last amended by Chapter 254, Laws of Utah 1998
53-3-231, as last amended by Chapters 185 and 200, Laws of Utah 2002
53-10-208.1, as enacted by Chapters 218 and 303, Laws of Utah 2000
53-13-105, as last amended by Chapter 79, Laws of Utah 2002
53A-1-403, as last amended by Chapter 318, Laws of Utah 1996
53A-13-102, as last amended by Chapter 64, Laws of Utah 1997

58-17a-801, as enacted by Chapter 247, Laws of Utah 1996
58-31b-401, as last amended by Chapter 290, Laws of Utah 2002
58-67-601, as last amended by Chapter 39, Laws of Utah 1998
58-68-601, as enacted by Chapter 248, Laws of Utah 1996
58-69-601, as enacted by Chapter 116, Laws of Utah 1996
58-71-601, as last amended by Chapter 185, Laws of Utah 2002
62A-1-105, as last amended by Chapter 69, Laws of Utah 1999
62A-1-111, as last amended by Chapter 73, Laws of Utah 2001
62A-3-101, as last amended by Chapter 254, Laws of Utah 1998
62A-5a-102, as last amended by Chapter 179, Laws of Utah 1996
62A-5a-103, as last amended by Chapter 276, Laws of Utah 1997
62A-7-401, as last amended by Chapter 13, Laws of Utah 1998
62A-13-105, as enacted by Chapter 158, Laws of Utah 1994
62A-14-106, as enacted by Chapter 69, Laws of Utah 1999
63-25a-201, as last amended by Chapter 115, Laws of Utah 2002
63-38-2, as last amended by Chapter 376, Laws of Utah 2001
63-46b-1, as last amended by Chapter 163, Laws of Utah 2002
63-63a-7, as last amended by Chapter 156, Laws of Utah 1993
63-75-5, as last amended by Chapters 27 and 276, Laws of Utah 1997
64-13-7.5, as last amended by Chapter 224, Laws of Utah 1996
76-5-412, as enacted by Chapter 35, Laws of Utah 2001
76-8-311.1, as last amended by Chapter 323, Laws of Utah 2002
76-8-311.3, as last amended by Chapters 5, 97 and 197, Laws of Utah 1999
76-10-1312, as enacted by Chapter 179, Laws of Utah 1993
77-15-5, as last amended by Chapter 162, Laws of Utah 1994
77-15-6, as last amended by Chapter 162, Laws of Utah 1994
77-16a-202, as last amended by Chapter 209, Laws of Utah 2001
77-16a-204, as last amended by Chapter 88, Laws of Utah 2002

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77-16a-302, as enacted by Chapter 171, Laws of Utah 1992
77-18-1, as last amended by Chapter 35, Laws of Utah 2002
78-3a-104, as last amended by Chapters 200 and 283, Laws of Utah 2002
78-3a-118, as last amended by Chapters 22 and 140, Laws of Utah 2002
78-3a-119, as last amended by Chapter 213, Laws of Utah 2001
78-3a-121, as renumbered and amended by Chapter 365, Laws of Utah 1997
78-3a-209, as enacted by Chapter 1, Laws of Utah 1996
78-3a-910, as enacted by Chapter 1 and last amended by Chapter 318, Laws of Utah 1996
ENACTS:
62A-15-101, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
62A-15-102, (Renumbered from 62A-8-101, as last amended by Chapter 106, Laws of Utah
1999)
62A-15-103, (Renumbered from 62A-8-103, as last amended by Chapter 256, Laws of Utah
2002)
62A-15-104, (Renumbered from 62A-8-106, as last amended by Chapter 104, Laws of Utah
1992)
62A-15-105, (Renumbered from 62A-8-107, as last amended by Chapter 334, Laws of Utah
2000)
62A-15-106, (Renumbered from 62A-8-108, as last amended by Chapter 242, Laws of Utah
1988)
62A-15-107, (Renumbered from 62A-8-104, as last amended by Chapter 106, Laws of Utah
1999)
62A-15-108, (Renumbered from 62A-8-109, as last amended by Chapter 106, Laws of Utah
1999)
62A-15-109, (Renumbered from 62A-8-110.1, as enacted by Chapter 106, Laws of Utah
1999)
62A-15-110, (Renumbered from 62A-8-110.5, as repealed and reenacted by Chapter 106,

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Laws of Utah 1999)
62A-15-111, (Renumbered from 62A-8-110.7, as last amended by Chapter 30, Laws of Utah
1992)
62A-15-112, (Renumbered from 62A-8-112, as last amended by Chapter 106, Laws of Utah
1999)
62A-15-201, (Renumbered from 62A-8-201, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-202, (Renumbered from 62A-8-202, as last amended by Chapter 1, Laws of Utah
1996)
62A-15-203, (Renumbered from 62A-8-203, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-204, (Renumbered from 62A-8-204, as last amended by Chapters 10 and 365, Laws
of Utah 1997)
62A-15-301, (Renumbered from 62A-8-501, as enacted by Chapter 194, Laws of Utah 1988)
62A-15-401, (Renumbered from 62A-8-103.5, as last amended by Chapter 341, Laws of
Utah 2001)
62A-15-501, (Renumbered from 62A-8-301, as last amended by Chapter 76, Laws of Utah
1988)
62A-15-502, (Renumbered from 62A-8-302, as last amended by Chapter 68, Laws of Utah
1997)
62A-15-503, (Renumbered from 62A-8-303, as last amended by Chapter 76, Laws of Utah
1988)
62A-15-504, (Renumbered from 62A-8-304, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-601, (Renumbered from 62A-12-201, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-602, (Renumbered from 62A-12-202, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-603, (Renumbered from 62A-12-203, as last amended by Chapter 164, Laws of Utah
1996)
62A-15-604, (Renumbered from 62A-12-204, as last amended by Chapter 256, Laws of Utah
2002)

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62A-15-605, (Renumbered from 62A-12-204.5, as last amended by Chapter 88, Laws of
Utah 2002)
62A-15-605.5, (Renumbered from 62A-12-204.6, as enacted by Chapter 88, Laws of Utah
2002)
62A-15-606, (Renumbered from 62A-12-205, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-607, (Renumbered from 62A-12-206, as last amended by Chapter 258, Laws of Utah
1995)
62A-15-608, (Renumbered from 62A-12-207, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-609, (Renumbered from 62A-12-208, as last amended by Chapter 231, Laws of Utah
1992)
62A-15-610, (Renumbered from 62A-12-209, as last amended by Chapter 88, Laws of Utah
2002)
62A-15-611, (Renumbered from 62A-12-209.5, as last amended by Chapter 238, Laws of
Utah 2002)
62A-15-612, (Renumbered from 62A-12-209.6, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-613, (Renumbered from 62A-12-210, as last amended by Chapter 104, Laws of Utah
1992)
62A-15-614, (Renumbered from 62A-12-212, as last amended by Chapter 161, Laws of Utah
1989)
62A-15-615, (Renumbered from 62A-12-214, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-616, (Renumbered from 62A-12-215, as last amended by Chapter 12, Laws of Utah
1994)
62A-15-617, (Renumbered from 62A-12-216, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-618, (Renumbered from 62A-12-217, as last amended by Chapter 227, Laws of Utah
1993)

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62A-15-619, (Renumbered from 62A-12-219, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-620, (Renumbered from 62A-12-222, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-621, (Renumbered from 62A-12-224, as last amended by Chapter 161, Laws of Utah
1989)
62A-15-622, (Renumbered from 62A-12-225, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-623, (Renumbered from 62A-12-226, as last amended by Chapter 1, Laws of Utah
1989)
62A-15-624, (Renumbered from 62A-12-227, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-625, (Renumbered from 62A-12-228, as last amended by Chapters 20 and 352,
Laws of Utah 1995)
62A-15-626, (Renumbered from 62A-12-229, as last amended by Chapter 365, Laws of Utah
1997)
62A-15-627, (Renumbered from 62A-12-230, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-628, (Renumbered from 62A-12-231, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-629, (Renumbered from 62A-12-232, as last amended by Chapter 141, Laws of Utah
1999)
62A-15-630, (Renumbered from 62A-12-233, as enacted by Chapter 151, Laws of Utah
1991)
62A-15-631, (Renumbered from 62A-12-234, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-632, (Renumbered from 62A-12-235, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-633, (Renumbered from 62A-12-236, as last amended by Chapter 161, Laws of Utah
1989)

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62A-15-634, (Renumbered from 62A-12-237, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-635, (Renumbered from 62A-12-238, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-636, (Renumbered from 62A-12-240, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-637, (Renumbered from 62A-12-241, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-638, (Renumbered from 62A-12-242, as last amended by Chapter 227, Laws of Utah
1993)
62A-15-639, (Renumbered from 62A-12-243, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-640, (Renumbered from 62A-12-244, as last amended by Chapter 161, Laws of Utah
1989)
62A-15-641, (Renumbered from 62A-12-245, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-642, (Renumbered from 62A-12-246, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-643, (Renumbered from 62A-12-247, as last amended by Chapters 218 and 303,
Laws of Utah 2000)
62A-15-644, (Renumbered from 62A-12-248, as last amended by Chapter 285, Laws of Utah
1993)
62A-15-645, (Renumbered from 62A-12-249, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-646, (Renumbered from 62A-12-250, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-647, (Renumbered from 62A-12-252, as enacted by Chapter 1, Laws of Utah 1988)
62A-15-701, (Renumbered from 62A-12-280.1, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-702, (Renumbered from 62A-12-281.1, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-703, (Renumbered from 62A-12-282.1, as last amended by Chapter 1, Laws of Utah

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2000)
62A-15-704, (Renumbered from 62A-12-283.1, as last amended by Chapter 13, Laws of
Utah 1998)
62A-15-705, (Renumbered from 62A-12-283.2, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-706, (Renumbered from 62A-12-283.3, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-707, (Renumbered from 62A-12-284, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-708, (Renumbered from 62A-12-285, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-709, (Renumbered from 62A-12-286, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-710, (Renumbered from 62A-12-287, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-711, (Renumbered from 62A-12-288, as enacted by Chapter 234, Laws of Utah
1996)
62A-15-712, (Renumbered from 62A-12-289, as last amended by Chapter 106, Laws of Utah
1999)
62A-15-713, (Renumbered from 62A-12-289.1, as enacted by Chapter 106, Laws of Utah
1999)
62A-15-801, (Renumbered from 62A-12-301, as enacted by Chapter 73, Laws of Utah 1989)
62A-15-802, (Renumbered from 62A-12-302, as enacted by Chapter 73, Laws of Utah 1989)
62A-15-901, (Renumbered from 62A-12-401, as last amended by Chapter 42, Laws of Utah
1994)
62A-15-902, (Renumbered from 62A-12-402, as last amended by Chapter 42, Laws of Utah
1994)
62A-15-1001, (Renumbered from 62A-12-501, as enacted by Chapter 111, Laws of Utah

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1996)
62A-15-1002, (Renumbered from 62A-12-502, as enacted by Chapter 111, Laws of Utah
1996)
62A-15-1003, (Renumbered from 62A-12-503, as enacted by Chapter 111, Laws of Utah
1996)
62A-15-1004, (Renumbered from 62A-12-504, as enacted by Chapter 111, Laws of Utah
1996)
REPEALS:
62A-12-101, as last amended by Chapter 106, Laws of Utah 1999
62A-12-102, as last amended by Chapter 256, Laws of Utah 2002
62A-12-102.5, as last amended by Chapter 106, Laws of Utah 1999
62A-12-103, as last amended by Chapter 104, Laws of Utah 1992
62A-12-104, as last amended by Chapter 30, Laws of Utah 1992
62A-12-105, as last amended by Chapter 106, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-50-318 is amended to read:
17-50-318. Mental health and substance abuse services.
Each county shall provide mental health and substance abuse services in accordance with
Title 62A, Chapter [12, Mental Health, and substance abuse services in accordance with Title 62A,
Chapter 8,] 15, Substance Abuse and Mental Health Act.
Section 2. Section 17A-3-602 is amended to read:
17A-3-602. Local mental health authorities -- Responsibilities.
(1) All county legislative bodies in this state are local mental health authorities. Within
legislative appropriations and county matching funds required by this section, under the policy
direction of the state Board of Substance Abuse and Mental Health Act and the administrative
direction of the Division of Substance Abuse and Mental Health within the Department of Human
Services, local mental health authorities shall provide mental health services to persons within their
respective counties. Two or more counties may join to provide mental health prevention and

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treatment services.
(2) The legislative bodies may establish acceptable ways of apportioning the cost of mental
health services. Any agreement for joint mental health services may designate the treasurer of one
of the participating counties as the custodian of moneys available for those joint services, and that
the designated treasurer, or other disbursing officer, may make payments from those moneys for such
purposes upon audit of the appropriate auditing officer or officers representing the participating
counties. The agreement may provide for:
(a) joint operation of services and facilities or for operation of services and facilities under
contract by one participating local mental health authority for other participating local mental health
authorities; and
(b) allocation of appointments of members of the mental health advisory council between
or among participating counties.
(3) (a) All county legislative bodies, as local mental health authorities, are accountable to
the Department of Human Services, the Department of Health, and the state with regard to the use
of state and federal funds received from those departments for mental health services, regardless of
whether the services are provided by a private contract provider.
(b) A local mental health authority shall comply, and require compliance by its contract
provider, with all directives issued by the Department of Human Services and the Department of
Health regarding the use and expenditure of state and federal funds received from those departments
for the purpose of providing mental health programs and services. The Department of Human
Services and Department of Health shall ensure that those directives are not duplicative or
conflicting, and shall consult and coordinate with local mental health authorities with regard to
programs and services.
(4) Local mental health authorities shall:
(a) review and evaluate mental health needs and services;
(b) annually prepare and submit to the division a plan for mental health funding and service
delivery. The plan shall include services for adults, youth, and children, including, but not limited
to, the following:

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(i) inpatient care and services;
(ii) residential care and services;
(iii) outpatient care and services;
(iv) 24-hour crisis care and services;
(v) psychotropic medication management;
(vi) psychosocial rehabilitation including vocational training and skills development;
(vii) case management;
(viii) community supports including in-home services, housing, family support services, and
respite services; and
(ix) consultation and education services, including but not limited to, case consultation,
collaboration with other service agencies, public education, and public information;
(c) establish and maintain, either directly or by contract, programs licensed under Title 62A,
Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full-time or part-time director for mental health
programs and prescribe his duties;
(e) provide input and comment on new and revised policies established by the state Board
of Substance Abuse and Mental Health;
(f) establish and require contract providers to establish administrative, clinical, personnel,
financial, and management policies regarding mental health services and facilities, in accordance
with the policies of the state Board of Substance Abuse and Mental Health[, the Division of Mental
Health,] and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the Division of Substance Abuse and Mental Health to provide
mental health programs and services in accordance with the provisions of Title 62A, Chapter [12,]
15, Substance Abuse and Mental Health Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements, contract
requirements, and any directives resulting from those audits and contract requirements;
(j) provide funding equal to at least 20% of the state funds that it receives to fund services

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described in the plan; and
(k) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts Act,
and Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations and Other Local
Entities[, and Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts Act].
(5) Before disbursing any public funds, local mental health authorities shall require that all
entities that receive any public funds from a local mental health authority agree in writing that:
(a) the division may examine the entity's financial records;
(b) the county auditor may examine and audit the entity's financial records; and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) Local mental health authorities may receive property, grants, gifts, supplies, materials,
contributions, and any benefit derived therefrom, for mental health services. If those gifts are
conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) For purposes of this section "public funds" means the same as that term is defined in
Section 17A-3-603.5 .
(b) Nothing in this section limits or prohibits an organization exempt under Section
501(c)(3), Internal Revenue Code, from using public funds for any business purpose or in any
financial arrangement that is otherwise lawful for that organization.
Section 3. Section 17A-3-606 is amended to read:
17A-3-606. Contracts for mental health services provided by local mental health
authorities.
Where a local mental health authority has established a plan to provide services authorized
by this part, and those services meet standards fixed by rules of the board, the local mental health
authority may enter into a contract with the [division for mental health services] Division of
Substance Abuse and Mental Health to be furnished by that local mental health authority for an
agreed compensation to be paid by the division.
Section 4. Section 17A-3-701 is amended to read:
17A-3-701. Local substance abuse authorities -- Responsibilities.

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(1) All county legislative bodies in this state are local substance abuse authorities. Within
legislative appropriations and county matching funds required by this section, and under the policy
direction of the state Board of Substance Abuse and Mental Health and the administrative direction
of the Division of Substance Abuse and Mental Health within the Department of Human Services,
local substance abuse authorities shall provide substance abuse services to residents of their
respective counties. Two or more counties may join to provide substance abuse prevention and
treatment services.
(2) The legislative bodies may establish acceptable ways of apportioning the cost of
substance abuse services. Any agreement for joint substance abuse services may designate the
treasurer of one of the participating counties as the custodian of moneys available for those joint
services, and that the designated treasurer, or other disbursing officer, may make payments from
those moneys for such purposes upon audit of the appropriate auditing officer or officers
representing the participating counties. The agreement may provide for joint operation of services
and facilities or for operation of services and facilities under contract by one participating local
substance abuse authority for other participating local substance abuse authorities.
(3) (a) All county legislative bodies, as local substance abuse authorities, are accountable
to the Department of Human Services, the Department of Health, and the state with regard to the use
of state and federal funds received from those departments for substance abuse services, regardless
of whether the services are provided by a private contract provider.
(b) A local substance abuse authority shall comply, and require compliance by its contract
provider, with all directives issued by the Department of Human Services and the Department of
Health regarding the use and expenditure of state and federal funds received from those departments
for the purpose of providing substance abuse programs and services. The Department of Human
Services and Department of Health shall ensure that those directives are not duplicative or
conflicting, and shall consult and coordinate with local substance abuse authorities with regard to
programs and services.
(4) Local substance abuse authorities shall:
(a) review and evaluate substance abuse prevention and treatment needs and services;

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(b) annually prepare and submit a plan to the division for funding and service delivery; the
plan shall include, but is not limited to, primary prevention, targeted prevention, early intervention,
and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under Title 62A,
Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full or part time director for substance abuse programs,
and prescribe his duties;
(e) provide input and comment on new and revised policies established by the state Board
of Substance Abuse and Mental Health;
(f) establish and require contract providers to establish administrative, clinical, personnel,
financial, and management policies regarding substance abuse services and facilities, in accordance
with the policies of the state Board of Substance Abuse and Mental Health, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the Division of Substance Abuse and Mental Health to provide
substance abuse programs and services in accordance with the provisions of Title 62A, Chapter [8]
15, Substance Abuse and Mental Health Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements, contract
requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund services
described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts Act,
and Title 51, Chapter 2, Audits of Political Subdivisions, Interlocal Organizations and Other Local
Entities[, and Title 17A, Chapter 1, Part 4, Uniform Fiscal Procedures for Special Districts Act];
(m) for persons convicted of driving under the influence in violation of Subsection
41-6-44 (2) or Section 41-6-44.6 , conduct the following as defined in Section 41-6-44 :

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(i) a screening and assessment;
(ii) an educational series; and
(iii) substance abuse treatment; and
(n) utilize proceeds of the accounts described in Subsection [ 62A-8-303 ] 62A-15-503 (1) to
supplement the cost of providing the services described in Subsection (4)(m).
(5) Before disbursing any public funds, local substance abuse authorities shall require that
all entities that receive any public funds from a local substance abuse authority agree in writing that:
(a) the division may examine the entity's financial records;
(b) the county auditor may examine and audit the entity's financial records; and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) Local substance abuse authorities may receive property, grants, gifts, supplies, materials,
contributions, and any benefit derived therefrom, for substance abuse services. If those gifts are
conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) For purposes of this section "public funds" means the same as that term is defined in
Section 17A-3-703 .
(b) Nothing in this section limits or prohibits an organization exempt under Section
501(c)(3), Internal Revenue Code, from using public funds for any business purpose or in any
financial arrangement that is otherwise lawful for that organization.
Section 5. Section 26-8a-601 is amended to read:
26-8a-601. Persons and activities exempt from civil liability.
(1) A licensed physician, physician's assistant, or licensed registered nurse who, gratuitously
and in good faith, gives oral or written instructions to an individual certified under Section 26-8a-302
or a person permitted to use a fully automated external defibrillator because of Section 26-8a-308
is not liable for any civil damages as a result of issuing the instructions, unless the instructions given
were the result of gross negligence or willful misconduct.
(2) An individual certified under Section 26-8a-302 , during either training or after
certification, a licensed physician, physician's assistant, or a registered nurse who, gratuitously and
in good faith, provides emergency medical instructions or renders emergency medical care

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authorized by this chapter is not liable for any civil damages as a result of any act or omission in
providing the emergency medical instructions or medical care, unless the act or omission is the result
of gross negligence or willful misconduct.
(3) An individual certified under Section 26-8a-302 is not subject to civil liability for failure
to obtain consent in rendering emergency medical services authorized by this chapter to any
individual who is unable to give his consent, regardless of the individual's age, where there is no
other person present legally authorized to consent to emergency medical care, provided that the
certified individual acted in good faith.
(4) A principal, agent, contractor, employee, or representative of an agency, organization,
institution, corporation, or entity of state or local government that sponsors, authorizes, supports,
finances, or supervises any functions of an individual certified under Section 26-8a-302 is not liable
for any civil damages for any act or omission in connection with such sponsorship, authorization,
support, finance, or supervision of the certified individual where the act or omission occurs in
connection with the certified individual's training or occurs outside a hospital where the life of a
patient is in immediate danger, unless the act or omission is inconsistent with the training of the
certified individual, and unless the act or omission is the result of gross negligence or willful
misconduct.
(5) A physician who gratuitously and in good faith arranges for, requests, recommends, or
initiates the transfer of a patient from a hospital to a critical care unit in another hospital is not liable
for any civil damages as a result of such transfer where:
(a) sound medical judgment indicates that the patient's medical condition is beyond the care
capability of the transferring hospital or the medical community in which that hospital is located; and
(b) the physician has secured an agreement from the receiving facility to accept and render
necessary treatment to the patient.
(6) A person who is a registered member of the National Ski Patrol System (NSPS) or a
member of a ski patrol who has completed a course in winter emergency care offered by the NSPS
combined with CPR for medical technicians offered by the American Red Cross or American Heart
Association, or an equivalent course of instruction, and who in good faith renders emergency care

- 16 -

in the course of ski patrol duties is not liable for civil damages as a result of any act or omission in
rendering the emergency care, unless the act or omission is the result of gross negligence or willful
misconduct.
(7) An emergency medical service provider who, in good faith, transports an individual
against his will but at the direction of a law enforcement officer pursuant to Section [ 62A-12-232 ]
62A-15-629 is not liable for civil damages for transporting the individual.
(8) A person who is permitted to use a fully automated external defibrillator because of
Section 26-8a-308 is not liable for civil damages as a result of any act or omission related to the use
of the defibrillator in providing emergency medical care gratuitously and in good faith to a person
who reasonably appears to be in cardiac arrest, unless the act or omission is the result of gross
negligence or wilful misconduct.
Section 6. Section 26-18-3.7 is amended to read:
26-18-3.7. Prepaid health care delivery systems.
(1) (a) Before July 1, 1996, the division shall submit to the Health Care Financing
Administration within the United States Department of Health and Human Services, an amendment
to the state's freedom of choice waiver. That amendment shall provide that the following persons
who are eligible for services under the state plan for medical assistance, who reside in Salt Lake,
Utah, Davis, or Weber counties, shall enroll in the recipient's choice of a health care delivery system
that meets the requirements of Subsection (2):
(i) by July 1, 1994, 40% of eligible persons;
(ii) by July 1, 1995, 65% of eligible persons; and
(iii) by July 1, 1996, 100% of eligible persons.
(b) The division may not enter into any agreements with mental health providers that
establish a prepaid capitated delivery system for mental health services that were not in existence
prior to July 1, 1993, until the application of the Utah Medicaid Hospital Provider Temporary
Assessment Act with regard to a specialty hospital as defined in Section 26-21-2 that may be
engaged exclusively in rendering psychiatric or other mental health treatment is repealed.
(c) The following are exempt from the requirements of Subsection (1)(a):

- 17 -

(i) persons who:
(A) receive medical assistance for the first time after July 1, 1996;
(B) have a mental illness, as that term is defined in Section [ 62A-12-202 ] 62A-15-602 ; and
(C) are receiving treatment for that mental illness. The division, when appropriate, shall
enroll these persons in a health care delivery system that meets the requirements of this section;
(ii) persons who are institutionalized in a facility designated by the division as a nursing
facility or an intermediate care facility for the mentally retarded; or
(iii) persons with a health condition that requires specialized medical treatment that is not
available from a health care delivery system that meets the requirements of this section.
(2) In submitting the amendment to the state's freedom of choice waiver under Subsection
(1), the division shall ensure that the proposed health care delivery systems have at least the
following characteristics, so that the system:
(a) is financially at risk, for a specified continuum of health care services, for a defined
population, and has incentives to balance the patient's need for care against the need for cost control;
(b) follows utilization and quality controls developed by the department;
(c) is encouraged to promote the health of patients through primary and preventive care;
(d) coordinates care to avoid unnecessary duplication and services;
(e) conserves health care resources; and
(f) if permissible under the waiver, utilizes private insurance plans including health
maintenance organizations and other private health care delivery organizations.
(3) Subsection (2) does not prevent the division from contracting with other health care
delivery organizations if the division determines that it is advantageous to do so.
(4) Health care delivery systems that meet the requirements of this section may provide all
services otherwise available under the state plan for medical assistance, except prescribed drugs.
(5) The division shall periodically report to the Health and Human Services Interim
Committee regarding the development and implementation of the amendment to the state's freedom
of choice waiver required under this section.
Section 7. Section 26-25-1 is amended to read:

- 18 -

26-25-1. Authority to provide data on treatment and condition of persons to designated
agencies -- Immunity from liability.
(1) Any person, health facility, or other organization may, without incurring liability, provide
the following information to the persons and entities described in Subsection (2):
(a) information as determined by the state registrar of vital records appointed under Title 26,
Chapter 2, Utah Vital Statistics Act;
(b) interviews;
(c) reports;
(d) statements;
(e) memoranda; and
(f) other data relating to the condition and treatment of any person.
(2) The information described in Subsection (1) may be provided to:
(a) the department and local health departments;
(b) the Division of Substance Abuse and Mental Health within the Department of Human
Services;
(c) scientific and health care research organizations affiliated with institutions of higher
education;
(d) the Utah Medical Association or any of its allied medical societies;
(e) peer review committees;
(f) professional review organizations;
(g) professional societies and associations; and
(h) any health facility's in-house staff committee for the uses described in Subsection (3).
(3) The information described in Subsection (1) may be provided for the following purposes:
(a) study, with the purpose of reducing morbidity or mortality; or
(b) the evaluation and improvement of hospital and health care rendered by hospitals, health
facilities, or health care providers.
(4) Any person may, without incurring liability, provide information, interviews, reports,
statements, memoranda, or other information relating to the ethical conduct of any health care

- 19 -

provider to peer review committees, professional societies and associations, or any in-hospital staff
committee to be used for purposes of intraprofessional society or association discipline.
(5) No liability may arise against any person or organization as a result of:
(a) providing information or material authorized in this section;
(b) releasing or publishing findings and conclusions of groups referred to in this section to
advance health research and health education; or
(c) releasing or publishing a summary of these studies in accordance with this chapter.
(6) As used in this chapter:
(a) "health care provider" has the meaning set forth in Section 78-14-3 ; and
(b) "health care facility" has the meaning set forth in Section 26-21-2 .
Section 8. Section 26-25-2 is amended to read:
26-25-2. Restrictions on use of data.
The Division of Substance Abuse and Mental Health within the Department of Human
Services, scientific and health care research organizations affiliated with institutions of higher
education, the Utah Medical Association or any of its allied medical societies, peer review
committees, professional review organizations, professional societies and associations, or any health
facility's in-house staff committee may only use or publish the material received or gathered under
Section 26-25-1 for the purpose of advancing medical research or medical education in the interest
of reducing morbidity or mortality, except that a summary of studies conducted in accordance with
Section 26-25-1 may be released by those groups for general publication.
Section 9. Section 32A-1-401 is amended to read:
32A-1-401. Alcohol training and education -- Revocation or suspension of licenses.
(1) The commission may revoke, suspend, withhold, or not renew the license of any new or
renewing licensee if any of the following persons, as defined in Section [ 62A-8-103.5 ] 62A-15-401 ,
fail to complete the seminar required in Section [ 62A-8-103.5 ] 62A-15-401 :
(a) a person who manages operations at the premises of the licensee;
(b) a person who supervises the serving of alcoholic beverages to a customer for
consumption on the premises of the licensee; or

- 20 -

(c) a person who serves alcoholic beverages to a customer for consumption on the premises
of the licensee.
(2) A city, town, or county in which an establishment conducts its business may revoke,
suspend, withhold, or not renew the business license of the establishment if any person described in
Subsection (1) fails to complete the seminar required in Section [ 62A-8-103.5 ] 62A-15-401 .
Section 10. Section 41-6-44 is amended to read:
41-6-44. Driving under the influence of alcohol, drugs, or a combination of both or
with specified or unsafe blood alcohol concentration -- Measurement of blood or breath
alcohol -- Criminal punishment -- Arrest without warrant -- Penalties -- Suspension or
revocation of license.
(1) As used in this section:
(a) "conviction" means any conviction for a violation of:
(i) this section;
(ii) alcohol, any drug, or a combination of both-related reckless driving under Subsections
(9) and (10);
(iii) Section 41-6-44.6 , driving with any measurable controlled substance that is taken
illegally in the body;
(iv) local ordinances similar to this section or alcohol, any drug, or a combination of
both-related reckless driving adopted in compliance with Section 41-6-43 ;
(v) automobile homicide under Section 76-5-207 ; or
(vi) a violation described in Subsections (1)(a)(i) through (v), which judgment of conviction
is reduced under Section 76-3-402 ; or
(vii) statutes or ordinances in effect in any other state, the United States, or any district,
possession, or territory of the United States which would constitute a violation of this section or
alcohol, any drug, or a combination of both-related reckless driving if committed in this state,
including punishments administered under 10 U.S.C. Sec. 815;
(b) "educational series" means an educational series obtained at a substance abuse program
that is approved by the Board of Substance Abuse and Mental Health in accordance with Section

- 21 -

[ 62A-8-107 ] 62A-15-105 ;
(c) "screening and assessment" means a substance abuse addiction and dependency screening
and assessment obtained at a substance abuse program that is approved by the Board of Substance
Abuse and Mental Health in accordance with Section [ 62A-8-107 ] 62A-15-105 ;
(d) "serious bodily injury" means bodily injury that creates or causes serious permanent
disfigurement, protracted loss or impairment of the function of any bodily member or organ, or
creates a substantial risk of death;
(e) "substance abuse treatment" means treatment obtained at a substance abuse program that
is approved by the Board of Substance Abuse and Mental Health in accordance with Section
[ 62A-8-107 ] 62A-15-105 ;
(f) "substance abuse treatment program" means a state licensed substance abuse program;
(g) a violation of this section includes a violation under a local ordinance similar to this
section adopted in compliance with Section 41-6-43 ; and
(h) the standard of negligence is that of simple negligence, the failure to exercise that degree
of care that an ordinarily reasonable and prudent person exercises under like or similar
circumstances.
(2) (a) A person may not operate or be in actual physical control of a vehicle within this state
if the person:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that the person
has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol and any
drug to a degree that renders the person incapable of safely operating a vehicle; or
(iii) has a blood or breath alcohol concentration of .08 grams or greater at the time of
operation or actual physical control.
(b) The fact that a person charged with violating this section is or has been legally entitled
to use alcohol or a drug is not a defense against any charge of violating this section.
(c) Alcohol concentration in the blood shall be based upon grams of alcohol per 100
milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per

- 22 -

210 liters of breath.
(3) (a) A person convicted the first or second time of a violation of Subsection (2) is guilty
of a:
(i) class B misdemeanor; or
(ii) class A misdemeanor if the person:
(A) has also inflicted bodily injury upon another as a proximate result of having operated
the vehicle in a negligent manner;
(B) had a passenger under 16 years of age in the vehicle at the time of the offense; or
(C) was 21 years of age or older and had a passenger under 18 years of age in the vehicle at
the time of the offense.
(b) A person convicted of a violation of Subsection (2) is guilty of a third degree felony if
the person has also inflicted serious bodily injury upon another as a proximate result of having
operated the vehicle in a negligent manner.
(4) (a) As part of any sentence imposed the court shall, upon a first conviction, impose a
mandatory jail sentence of not less than 48 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
(i) work in a compensatory-service work program for not less than 48 hours; or
(ii) participate in home confinement through the use of electronic monitoring in accordance
with Subsection (13).
(c) In addition to the jail sentence, compensatory-service work program, or home
confinement, the court shall:
(i) order the person to participate in a screening and assessment;
(ii) order the person to participate in an educational series if the court does not order
substance abuse treatment as described under Subsection (4)(d); and
(iii) impose a fine of not less than $700.
(d) The court may order the person to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate.
(e) (i) Except as provided in Subsection (4)(e)(ii), the court may order probation for the

- 23 -

person in accordance with Subsection (14).
(ii) If there is admissible evidence that the person had a blood alcohol level of .16 or higher,
the court shall order probation for the person in accordance with Subsection (14).
(5) (a) If a person is convicted under Subsection (2) within ten years of a prior conviction
under this section, the court shall as part of any sentence impose a mandatory jail sentence of not less
than 240 consecutive hours.
(b) The court may, as an alternative to all or part of a jail sentence, require the person to:
(i) work in a compensatory-service work program for not less than 240 hours; or
(ii) participate in home confinement through the use of electronic monitoring in accordance
with Subsection (13).
(c) In addition to the jail sentence, compensatory-service work program, or home
confinement, the court shall:
(i) order the person to participate in a screening and assessment;
(ii) order the person to participate in an educational series if the court does not order
substance abuse treatment as described under Subsection (5)(d); and
(iii) impose a fine of not less than $800.
(d) The court may order the person to obtain substance abuse treatment if the substance
abuse treatment program determines that substance abuse treatment is appropriate.
(e) The court shall order probation for the person in accordance with Subsection (14).
(6) (a) A conviction for a violation of Subsection (2) is a third degree felony if it is:
(i) a third or subsequent conviction under this section within ten years of two or more prior
convictions; or
(ii) at any time after a conviction of:
(A) automobile homicide under Section 76-5-207 that is committed after July 1, 2001; or
(B) a felony violation under this section that is committed after July 1, 2001.
(b) Any conviction described in this Subsection (6) which judgment of conviction is reduced
under Section 76-3-402 is a conviction for purposes of this section.
(c) Under Subsection (3)(b) or (6)(a), if the court suspends the execution of a prison sentence

- 24 -

and places the defendant on probation the court shall impose:
(i) a fine of not less than $1,500; and
(ii) a mandatory jail sentence of not less than 1,500 hours.
(d) For Subsection (6)(a) or (c), the court shall impose an order requiring the person to
obtain a screening and assessment and substance abuse treatment at a substance abuse treatment
program providing intensive care or inpatient treatment and long-term closely supervised
follow-through after treatment for not less than 240 hours.
(e) In addition to the penalties required under Subsection (6)(c), if the court orders probation,
the probation shall be supervised probation which may include requiring the person to participate
in home confinement through the use of electronic monitoring in accordance with Subsection (13).
(7) The mandatory portion of any sentence required under this section may not be suspended
and the convicted person is not eligible for parole or probation until any sentence imposed under this
section has been served. Probation or parole resulting from a conviction for a violation under this
section may not be terminated.
(8) (a) (i) The provisions in Subsections (4), (5), and (6) that require a sentencing court to
order a convicted person to: participate in a screening and assessment; and an educational series;
obtain, in the discretion of the court, substance abuse treatment; obtain, mandatorily, substance abuse
treatment; or do a combination of those things, apply to a conviction for a violation of Section
41-6-44.6 or 41-6-45 under Subsection (9).
(ii) The court shall render the same order regarding screening and assessment, an educational
series, or substance abuse treatment in connection with a first, second, or subsequent conviction
under Section 41-6-44.6 or 41-6-45 under Subsection (9), as the court would render in connection
with applying respectively, the first, second, or subsequent conviction requirements of Subsections
(4), (5), and (6).
(b) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered:
(A) screening and assessment;
(B) educational series;

- 25 -

(C) substance abuse treatment; and
(D) hours of work in compensatory-service work program; or
(ii) pay all fines and fees, including fees for restitution and treatment costs. Upon receiving
the notification, the division shall suspend the person's driving privilege in accordance with
Subsections 53-3-221 (2) and (3).
(9) (a) (i) When the prosecution agrees to a plea of guilty or no contest to a charge of a
violation of Section 41-6-45 , of an ordinance enacted under Section 41-6-43 , or of Section 41-6-44.6
in satisfaction of, or as a substitute for, an original charge of a violation of this section, the
prosecution shall state for the record a factual basis for the plea, including whether or not there had
been consumption of alcohol, drugs, or a combination of both, by the defendant in connection with
the violation.
(ii) The statement is an offer of proof of the facts that shows whether there was consumption
of alcohol, drugs, or a combination of both, by the defendant, in connection with the violation.
(b) The court shall advise the defendant before accepting the plea offered under this
Subsection (9)(b) of the consequences of a violation of Section 41-6-44.6 or of Section 41-6-45 .
(c) The court shall notify the Driver License Division of each conviction of Section
41-6-44.6 or 41-6-45 entered under this Subsection (9).
(10) A peace officer may, without a warrant, arrest a person for a violation of this section
when the officer has probable cause to believe the violation has occurred, although not in his
presence, and if the officer has probable cause to believe that the violation was committed by the
person.
(11) (a) The Driver License Division shall:
(i) suspend for 90 days the operator's license of a person convicted for the first time under
Subsection (2);
(ii) revoke for one year the license of a person convicted of any subsequent offense under
Subsection (2) or if the person has a prior conviction as defined under Subsection (1) if the violation
is committed within a period of ten years from the date of the prior violation; and
(iii) suspend or revoke the license of a person as ordered by the court under Subsection (12).

- 26 -

(b) The Driver License Division shall subtract from any suspension or revocation period the
number of days for which a license was previously suspended under Section 53-3-223 or 53-3-231 ,
if the previous suspension was based on the same occurrence upon which the record of conviction
is based.
(12) (a) In addition to any other penalties provided in this section, a court may order the
operator's license of a person who is convicted of a violation of Subsection (2) to be suspended or
revoked for an additional period of 90 days, 180 days, one year, or two years to remove from the
highways those persons who have shown they are safety hazards.
(b) If the court suspends or revokes the person's license under this Subsection (12)(b), the
court shall prepare and send to the Driver License Division an order to suspend or revoke that
person's driving privileges for a specified period of time.
(13) (a) If the court orders a person to participate in home confinement through the use of
electronic monitoring, the electronic monitoring shall alert the appropriate corrections, probation
monitoring agency, law enforcement units, or contract provider of the defendant's whereabouts.
(b) The electronic monitoring device shall be used under conditions which require:
(i) the person to wear an electronic monitoring device at all times;
(ii) that a device be placed in the home or other specified location of the person, so that the
person's compliance with the court's order may be monitored; and
(iii) the person to pay the costs of the electronic monitoring.
(c) The court shall order the appropriate entity described in Subsection (13)(e) to place an
electronic monitoring device on the person and install electronic monitoring equipment in the
residence of the person or other specified location.
(d) The court may:
(i) require the person's electronic home monitoring device to include a substance abuse
testing instrument;
(ii) restrict the amount of alcohol the person may consume during the time the person is
subject to home confinement;
(iii) set specific time and location conditions that allow the person to attend school

- 27 -

educational classes, or employment and to travel directly between those activities and the person's
home; and
(iv) waive all or part of the costs associated with home confinement if the person is
determined to be indigent by the court.
(e) The electronic monitoring described in this section may either be administered directly
by the appropriate corrections agency, probation monitoring agency, or by contract with a private
provider.
(f) The electronic monitoring provider shall cover the costs of waivers by the court under
Subsection (13)(c)(iv).
(14) (a) If supervised probation is ordered under Section 41-6-44.6 or Subsection (4)(e) or
(5)(e):
(i) the court shall specify the period of the probation;
(ii) the person shall pay all of the costs of the probation; and
(iii) the court may order any other conditions of the probation.
(b) The court shall provide the probation described in this section by contract with a
probation monitoring agency or a private probation provider.
(c) The probation provider described in Subsection (14)(b) shall monitor the person's
compliance with all conditions of the person's sentence, conditions of probation, and court orders
received under this article and shall notify the court of any failure to comply with or complete that
sentence or those conditions or orders.
(d) (i) The court may waive all or part of the costs associated with probation if the person
is determined to be indigent by the court.
(ii) The probation provider described in Subsection (14)(b) shall cover the costs of waivers
by the court under Subsection (14)(d)(i).
(15) If a person is convicted of a violation of Subsection (2) and there is admissible evidence
that the person had a blood alcohol level of .16 or higher, then if the court does not order:
(a) treatment as described under Subsection (4)(d), (5)(d), or (6)(d), then the court shall enter
the reasons on the record; and

- 28 -

(b) the following penalties, the court shall enter the reasons on the record:
(i) the installation of an ignition interlock system as a condition of probation for the person
in accordance with Section 41-6-44.7 ; or
(ii) the imposition of home confinement through the use of electronic monitoring in
accordance with Subsection (13).
Section 11. Section 51-2-1 is amended to read:
51-2-1. Audits of political subdivisions, interlocal organizations, and other local
entities required.
(1) (a) Each of the following entities, except as exempted under Section 51-2-8 , shall cause
an audit to be made of its accounts by a competent certified public accountant:
(i) the governing board of each political subdivision;
(ii) the governing board of each interlocal organization having the power to tax or to expend
public funds;
(iii) the governing board of any local mental health authority established under the authority
of Title 62A, Chapter [12] 15, Substance Abuse and Mental Health Act;
(iv) the governing board of any substance abuse authority established under the authority of
Title 62A, Chapter [8] 15, Substance Abuse and Mental Health Act;
(v) the governing board of any area agency established under the authority of Title 62A,
Chapter 3, Aging and Adult Services;
(vi) the governing board of any nonprofit corporation that receives at least 50% of its funds
from federal, state, and local government entities through contracts; and
(vii) the governing board of any other entity established by a local governmental unit that
receives tax exempt status for bonding or taxing purposes.
(b) In municipalities organized under an optional form of municipal government, the council
shall cause the audit to be made.
(c) The audit shall be made at least annually.
(2) The auditors shall review the accounts of all officers of the entity having responsibility
for the care, management, collection, or disbursement of moneys belonging to it or appropriated by

- 29 -

law or otherwise acquired for its use or benefit.
(3) The audits shall:
(a) be performed and financial statements presented in accordance with generally accepted
auditing standards and accounting principles and procedures adopted by recognized authoritative
bodies; and
(b) conform to the uniform classification of accounts established or approved by the state
auditor or any other classification of accounts established by any federal government agency.
(4) If the political subdivision, interlocal organization, or other local entity receives federal
funding, the audits shall be performed in accordance with both federal and state auditing
requirements.
Section 12. Section 53-3-231 is amended to read:
53-3-231. Person under 21 may not operate vehicle or motorboat with detectable
alcohol in body -- Chemical test procedures -- Temporary license -- Hearing and decision --
Suspension of license or operating privilege -- Fees -- Judicial review -- Referral to local
substance abuse authority or program.
(1) (a) As used in this section:
(i) "Local substance abuse authority" has the same meaning as provided in Section
[ 62A-8-101 ] 62A-15-102 .
(ii) "Substance abuse program" means any substance abuse program licensed by the
Department of Human Services or the Department of Health and approved by the local substance
abuse authority.
(b) Calculations of blood, breath, or urine alcohol concentration under this section shall be
made in accordance with the procedures in Subsection 41-6-44 (2).
(2) (a) A person younger than 21 years of age may not operate or be in actual physical
control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration
in his body as shown by a chemical test.
(b) (i) A person with a valid operator license who violates Subsection (2)(a), in addition to
any other applicable penalties arising out of the incident, shall have his operator license denied or

- 30 -

suspended as provided in Subsection (2)(b)(ii).
(ii) (A) For a first offense under Subsection (2)(a), the Driver License Division of the
Department of Public Safety shall deny the person's operator license if ordered or not challenged
under this section for a period of 90 days beginning on the 30th day after the date of the arrest under
Section 32A-12-209 .
(B) For a second or subsequent offense under Subsection (2)(a), within three years of a prior
denial or suspension, the Driver License Division shall suspend the person's operator license for a
period of one year beginning on the 30th day after the date of arrest.
(c) (i) A person who has not been issued an operator license who violates Subsection (2)(a),
in addition to any other penalties arising out of the incident, shall be punished as provided in
Subsection (2)(c)(ii).
(ii) For one year or until he is 17, whichever is longer, a person may not operate a vehicle
and the Driver License Division may not issue the person an operator license or learner's permit.
(3) (a) When a peace officer has reasonable grounds to believe that a person may be violating
or has violated Subsection (2), the peace officer may, in connection with arresting the person for a
violation of Section 32A-12-209 , request that the person submit to a chemical test or tests to be
administered in compliance with the standards under Section 41-6-44.10 .
(b) The peace officer shall advise a person prior to the person's submission to a chemical test
that a test result indicating a violation of Subsection (2)(a) will result in denial or suspension of the
person's license to operate a motor vehicle or a refusal to issue a license.
(c) If the person submits to a chemical test and the test results indicate a blood, breath, or
urine alcohol content in violation of Subsection (2)(a), or if the officer makes a determination, based
on reasonable grounds, that the person is otherwise in violation of Subsection (2)(a), the officer
directing administration of the test or making the determination shall serve on the person, on behalf
of the Driver License Division, immediate notice of the Driver License Division's intention to deny
or suspend the person's license to operate a vehicle or refusal to issue a license under Subsection (2).
(4) When the officer serves immediate notice on behalf of the Driver License Division, he
shall:

- 31 -

(a) take the Utah license certificate or permit, if any, of the operator;
(b) issue a temporary license certificate effective for only 29 days if the driver had a valid
operator's license; and
(c) supply to the operator, in a manner specified by the division, basic information regarding
how to obtain a prompt hearing before the Driver License Division.
(5) A citation issued by the officer may, if approved as to form by the Driver License
Division, serve also as the temporary license certificate under Subsection (4)(b).
(6) As a matter of procedure, the peace officer serving the notice shall send to the Driver
License Division within ten calendar days after the date of arrest and service of the notice:
(a) the person's driver license certificate, if any;
(b) a copy of the citation issued for the offense;
(c) a signed report in a manner specified by the Driver License Division indicating the
chemical test results, if any; and
(d) any other basis for the officer's determination that the person has violated Subsection (2).
(7) (a) (i) Upon request in a manner specified by the division, the Driver License Division
shall grant to the person an opportunity to be heard within 29 days after the date of arrest under
Section 32A-12-209 .
(ii) The request shall be made within ten calendar days of the date of the arrest.
(b) A hearing, if held, shall be before the Driver License Division in the county in which the
arrest occurred, unless the Driver License Division and the person agree that the hearing may be held
in some other county.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was operating a
motor vehicle or motorboat in violation of Subsection (2)(a);
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) In connection with a hearing the Driver License Division or its authorized agent may
administer oaths and may issue subpoenas for the attendance of witnesses and the production of

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relevant books and papers and records as defined in Section 46-4-102 .
(e) One or more members of the Driver License Division may conduct the hearing.
(f) Any decision made after a hearing before any number of the members of the Driver
License Division is as valid as if made after a hearing before the full membership of the Driver
License Division.
(g) After the hearing, the Driver License Division shall order whether the person:
(i) with a valid license to operate a motor vehicle will have his license denied or not or
suspended or not; or
(ii) without a valid operator license will be refused a license under Subsection (2)(c).
(h) If the person for whom the hearing is held fails to appear before the Driver License
Division as required in the notice, the division shall order whether the person shall have his license
denied, suspended, or not denied or suspended, or whether an operator license will be refused or not
refused.
(8) (a) Following denial or suspension the Driver License Division shall assess against a
person, in addition to any fee imposed under Subsection 53-3-205 (13), a fee under Section 53-3-105 ,
which shall be paid before the person's driving privilege is reinstated, to cover administrative costs.
This fee shall be canceled if the person obtains an unappealed Driver License Division hearing or
court decision that the suspension was not proper.
(b) A person whose operator license has been denied, suspended, or postponed by the Driver
License Division under this section may file a petition within 30 days after the suspension for a
hearing on the matter which, if held, is governed by Section 53-3-224 .
(9) After reinstatement of an operator license for a first offense under this section, a report
authorized under Section 53-3-104 may not contain evidence of the denial or suspension of the
person's operator license under this section if he has not been convicted of any other offense for
which the denial or suspension may be extended.
(10) (a) In addition to the penalties in Subsection (2), a person who violates Subsection
(2)(a) shall:
(i) obtain an assessment and recommendation for appropriate action from a substance abuse

- 33 -

program, but any associated costs shall be the person's responsibility; or
(ii) be referred by the Driver License Division to the local substance abuse authority for an
assessment and recommendation for appropriate action.
(b) (i) Reinstatement of the person's operator license or the right to obtain an operator license
is contingent upon successful completion of the action recommended by the local substance abuse
authority or the substance abuse program.
(ii) The local substance abuse authority's or the substance abuse program's recommended
action shall be determined by an assessment of the person's alcohol abuse and may include:
(A) a targeted education and prevention program;
(B) an early intervention program; or
(C) a substance abuse treatment program.
(iii) Successful completion of the recommended action shall be determined by standards
established by the Division of Substance Abuse and Mental Health.
(c) At the conclusion of the penalty period imposed under Subsection (2), the local substance
abuse authority or the substance abuse program shall notify the Driver License Division of the
person's status regarding completion of the recommended action.
(d) The local substance abuse authorities and the substance abuse programs shall cooperate
with the Driver License Division in:
(i) conducting the assessments;
(ii) making appropriate recommendations for action; and
(iii) notifying the Driver License Division about the person's status regarding completion of
the recommended action.
(e) (i) The local substance abuse authority is responsible for the cost of the assessment of
the person's alcohol abuse, if the assessment is conducted by the local substance abuse authority.
(ii) The local substance abuse authority or a substance abuse program selected by a person
is responsible for:
(A) conducting an assessment of the person's alcohol abuse; and
(B) for making a referral to an appropriate program on the basis of the findings of the

- 34 -

assessment.
(iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
associated with the recommended program to which the person selected or is referred.
(B) The costs and fees under Subsection (10)(e)(iii)(A) shall be based on a sliding scale
consistent with the local substance abuse authority's policies and practices regarding fees for services
or determined by the substance abuse program.
Section 13. Section 53-10-208.1 is amended to read:
53-10-208.1. Magistrates and court clerks to supply information.
Every magistrate or clerk of a court responsible for court records in this state shall, within
30 days of the disposition and on forms and in the manner provided by the division, furnish the
division with information pertaining to:
(1) all dispositions of criminal matters, including:
(a) guilty pleas;
(b) convictions;
(c) dismissals;
(d) acquittals;
(e) pleas held in abeyance;
(f) judgments of not guilty by reason of insanity for a violation of:
(i) a felony offense;
(ii) Title 76, Chapter 5, Offenses Against the Person; or
(iii) Title 76, Chapter 10, Part 5, Weapons;
(g) judgments of guilty and mentally ill;
(h) finding of mental incompetence to stand trial for a violation of:
(i) a felony offense;
(ii) Title 76, Chapter 5, Offenses Against the Person; or
(iii) Title 76, Chapter 10, Part 5, Weapons; or
(i) probations granted; and
(2) orders of civil commitment under the terms of Section [ 62A-12-234 ] 62A-15-631 ;

- 35 -

(3) the issuance, recall, cancellation, or modification of all warrants of arrest or commitment
as described in Rule 6, Utah Rules of Criminal Procedure and Section 78-32-4 , within one day of
the action and in a manner provided by the division; and
(4) protective orders issued after notice and hearing, pursuant to:
(a) Title 30, Chapter 6, Cohabitant Abuse Act; or
(b) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
Section 14. Section 53-13-105 is amended to read:
53-13-105. Special function officer.
(1) (a) "Special function officer" means a sworn and certified peace officer performing
specialized investigations, service of legal process, security functions, or specialized ordinance, rule,
or regulatory functions.
(b) "Special function officer" includes:
(i) state military police;
(ii) constables;
(iii) port-of-entry agents as defined in Section 72-1-102 ;
(iv) authorized employees or agents of the Department of Transportation assigned to
administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
(v) school district security officers;
(vi) Utah State Hospital security officers designated pursuant to Section [ 62A-12-203 ]
62A-15-603 ;
(vii) Utah State Developmental Center security officers designated pursuant to Subsection
62A-5-206 (9);
(viii) fire arson investigators for any political subdivision of the state;
(ix) ordinance enforcement officers employed by municipalities or counties may be special
function officers;
(x) employees of the Department of Natural Resources who have been designated to conduct
supplemental enforcement functions as a collateral duty;
(xi) railroad special agents deputized by a county sheriff under Section 17-30-2 , or appointed

- 36 -

pursuant to Section 56-1-21.5 ;
(xii) auxiliary officers, as described by Section 53-13-112 ;
(xiii) special agents, process servers, and investigators employed by city attorneys;
(xiv) criminal tax investigators designated under Section 59-1-206 ; and
(xv) all other persons designated by statute as having special function officer authority or
limited peace officer authority.
(2) (a) A special function officer may exercise that spectrum of peace officer authority that
has been designated by statute to the employing agency, and only while on duty, and not for the
purpose of general law enforcement.
(b) If the special function officer is charged with security functions respecting facilities or
property, the powers may be exercised only in connection with acts occurring on the property where
the officer is employed or when required for the protection of the employer's interest, property, or
employees.
(c) A special function officer may carry firearms only while on duty, and only if authorized
and under conditions specified by the officer's employer or chief administrator.
(3) (a) A special function officer may not exercise the authority of a peace officer until:
(i) the officer has satisfactorily completed an approved basic training program for special
function officers as provided under Subsection (4); and
(ii) the chief law enforcement officer or administrator has certified this fact to the director
of the division.
(b) City and county constables and their deputies shall certify their completion of training
to the legislative governing body of the city or county they serve.
(4) (a) The agency that the special function officer serves may establish and maintain a basic
special function course and in-service training programs as approved by the director of the division
with the advice and consent of the council.
(b) The in-service training shall consist of no fewer than 40 hours per year and may be
conducted by the agency's own staff or by other agencies.
Section 15. Section 53A-1-403 is amended to read:

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53A-1-403. Education of persons under 21 in custody of state agency -- Establishment
of coordinating council -- Advisory councils.
(1) The State Board of Education is directly responsible for the education of all persons
under the age of 21 who are:
(a) in the custody of the Department of Human Services;
(b) in the custody of an equivalent agency of a Native American tribe recognized by the
United States Bureau of Indian Affairs and whose custodial parent or legal guardian resides within
the state; or
(c) being held in a juvenile detention facility.
(2) Subsection (1)(b) does not apply to persons taken into custody for the primary purpose
of obtaining access to education programs provided for youth in custody.
(3) The board shall, where feasible, contract with school districts or other appropriate
agencies to provide educational, administrative, and supportive services, but the board shall retain
responsibility for the programs.
(4) The Legislature shall establish and maintain separate education budget categories for
youth in custody who are under the jurisdiction of the following state agencies:
(a) detention centers and the Divisions of Youth Corrections and Child and Family Services;
(b) the Division of Substance Abuse and Mental Health; and
(c) the Division of Services for People with Disabilities.
(5) (a) The Department of Human Services and the State Board of Education shall appoint
a coordinating council to plan, coordinate, and recommend budget, policy, and program guidelines
for the education and treatment of persons in the custody of the Division of Youth Corrections and
the Division of Child and Family Services.
(b) The department and board may appoint similar councils for those in the custody of the
Division of Substance Abuse and Mental Health or the Division of Services for People with
Disabilities.
(6) A school district contracting to provide services under Subsection (3) shall establish an
advisory council to plan, coordinate, and review education and treatment programs for persons held

- 38 -

in custody in the district.
Section 16. Section 53A-13-102 is amended to read:
53A-13-102. Instruction on the harmful effects of alcohol, tobacco, and controlled
substances -- Rulemaking authority -- Assistance from the Division of Substance Abuse and
Mental Health.
(1) The State Board of Education shall adopt rules providing for instruction at each grade
level on the harmful effects of alcohol, tobacco, and controlled substances upon the human body and
society. The rules shall require but are not limited to instruction on the following:
(a) teaching of skills needed to evaluate advertisements for, and media portrayal of, alcohol,
tobacco, and controlled substances;
(b) directing students towards healthy and productive alternatives to the use of alcohol,
tobacco, and controlled substances; and
(c) discouraging the use of alcohol, tobacco, and controlled substances.
(2) At the request of the board, the Division of Substance Abuse and Mental Health shall
cooperate with the board in developing programs to provide this instruction.
(3) The board shall participate in efforts to enhance communication among community
organizations and state agencies, and shall cooperate with those entities in efforts which are
compatible with the purposes of this section.
Section 17. Section 58-17a-801 is amended to read:
58-17a-801. Mentally incompetent or incapacitated pharmacist -- Division action and
procedures.
(1) As used in this section:
(a) "incapacitated person" has the same definition as in Section 75-1-201 ; and
(b) "mentally ill" has the same definition as in Section [ 62A-12-202 ] 62A-15-602 .
(2) If a court of competent jurisdiction determines a pharmacist is an incapacitated person,
or that he is mentally ill and unable to safely engage in the practice of pharmacy, the director shall
immediately suspend the license of the pharmacist upon the entry of the judgment of the court,
without further proceedings under Title 63, Chapter 46b, Administrative Procedures Act, regardless

- 39 -

of whether an appeal from the court's ruling is pending. The director shall promptly notify the
pharmacist, in writing, of the suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe a
pharmacist, who is not determined judicially to be an incapacitated person or to be mentally ill, is
incapable of practicing pharmacy with reasonable skill regarding the safety of patients, because of
illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the board
shall recommend that the director file a petition with the division, and cause the petition to be served
upon the pharmacist with a notice of hearing on the sole issue of the capacity of the pharmacist to
competently and safety engage in the practice of pharmacy.
(b) The hearing shall be conducted under Section 58-1-109 , and Title 63, Chapter 46b,
Administrative Procedures Act, except as provided in this Subsection (3) [of this section].
(4) (a) Every pharmacist who accepts the privilege of being licensed under this chapter gives
consent to:
(i) submitting at his own expense to an immediate mental or physical examination when
directed in writing by the division, with the consent of a majority of the board, to do so; and
(ii) the admissibility of the reports of the examining practitioner's testimony or examination
in any proceeding regarding the license of the pharmacist, and waives all objections on the ground
the reports constitute a privileged communication.
(b) The examination may be ordered by the division, with the consent of a majority of the
board, only upon a finding of reasonable cause to believe:
(i) the pharmacist is mentally ill or incapacitated or otherwise unable to practice pharmacy
with reasonable skill and safety; and
(ii) immediate action by the division and the board is necessary to prevent harm to the
pharmacist's patients or the general public.
(c) (i) Failure of a pharmacist to submit to the examination ordered under this section is a
ground for the division's immediate suspension of the pharmacist's license by written order of the
director.
(ii) The division may enter the order of suspension without further compliance with Title

- 40 -

63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
the examination ordered under this section was due to circumstances beyond the control of the
pharmacist and was not related directly to the illness or incapacity of the pharmacist.
(5) (a) A pharmacist whose license is suspended under Subsection (2) or (4) has the right to
a hearing to appeal the suspension within ten days after the license is suspended.
(b) The hearing held under this subsection shall be conducted in accordance with Sections
58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
continuance of the order of suspension in order to prevent harm to the pharmacist's patients or the
general public.
(6) A pharmacist whose license is revoked, suspended, or in any way restricted under this
section may request the division and the board to consider, at reasonable intervals, evidence
presented by the pharmacist, under procedures established by division rule, regarding any change in
the pharmacist's condition, to determine whether:
(a) he is or is not able to safely and competently engage in the practice of pharmacy; and
(b) he is qualified to have his licensure to practice under this chapter restored completely or
in part.
Section 18. Section 58-31b-401 is amended to read:
58-31b-401. Grounds for denial of licensure or registration and disciplinary
proceedings.
(1) Grounds for refusal to issue a license to an applicant, for refusal to renew the license of
a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a
public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance
with Section 58-1-401 .
(2) If a court of competent jurisdiction determines a nurse or health care assistant is an
incapacitated person as defined in Section 75-1-201 or that he is mentally ill as defined in Section
[ 62A-12-202 ] 62A-15-602 , and unable to safely engage in the practice of nursing or the practice of
a health care assistant, the director shall immediately suspend the license of the nurse or health care
assistant upon the entry of the judgment of the court, without further proceedings under Title 63,

- 41 -

Chapter 46b, Administrative Procedures Act, regardless of whether an appeal from the court's ruling
is pending. The director shall promptly notify the nurse or health care assistant, in writing, of the
suspension.
(3) (a) If the division and the majority of the board find reasonable cause to believe a nurse
or health care assistant, who is not determined judicially to be an incapacitated person or to be
mentally ill, is incapable of practicing nursing or the practice of a health care assistant with
reasonable skill regarding the safety of patients, because of illness, excessive use of drugs or alcohol,
or as a result of any mental or physical condition, the board shall recommend that the director file
a petition with the division, and cause the petition to be served upon the nurse or health care assistant
with a notice of hearing on the sole issue of the capacity of the nurse or health care assistant to
competently, safely engage in the practice of nursing or the practice of a health care assistant.
(b) The hearing shall be conducted under Section 58-1-109 and Title 63, Chapter 46b,
Administrative Procedures Act, except as provided in Subsection (4).
(4) (a) Every nurse or health care assistant who accepts the privilege of being licensed under
this chapter gives consent to:
(i) submitting to an immediate mental or physical examination, at the nurse's or health care
assistant's expense and by a division-approved practitioner selected by the nurse or health care
assistant, when directed in writing by the division and a majority of the board to do so; and
(ii) the admissibility of the reports of the examining practitioner's testimony or examination,
and waives all objections on the ground the reports constitute a privileged communication.
(b) The examination may be ordered by the division, with the consent of a majority of the
board, only upon a finding of reasonable cause to believe:
(i) the nurse or health care assistant is mentally ill or incapacitated or otherwise unable to
practice nursing or health care assistance with reasonable skill and safety; and
(ii) immediate action by the division and the board is necessary to prevent harm to the
nurse's or health care assistant's patients or the general public.
(c) (i) Failure of a nurse or health care assistant to submit to the examination ordered under
this section is a ground for the division's immediate suspension of the nurse's or health care

- 42 -

assistant's license by written order of the director.
(ii) The division may enter the order of suspension without further compliance with Title
63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
the examination ordered under this section was due to circumstances beyond the control of the nurse
or health care assistant and was not related directly to the illness or incapacity of the nurse or health
care assistant.
(5) (a) A nurse or health care assistant whose license is suspended under Subsection (2), (3),
or (4)(c) has the right to a hearing to appeal the suspension within ten days after the license is
suspended.
(b) The hearing held under this Subsection (5) shall be conducted in accordance with
Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
continuance of the order of suspension in order to prevent harm to the nurse's or health care
assistant's patients or the general public.
(6) A nurse or health care assistant whose license is revoked, suspended, or in any way
restricted under this section may request the division and the board to consider, at reasonable
intervals, evidence presented by the nurse or health care assistant, under procedures established by
division rule, regarding any change in the nurse's or health care assistant's condition, to determine
whether:
(a) he is or is not able to safely and competently engage in the practice of nursing or the
practice of a health care assistant; and
(b) he is qualified to have his license to practice under this chapter restored completely or
in part.
(7) Nothing in Section 63-2-206 may be construed as limiting the authority of the division
to report current significant investigative information to the coordinated licensure information
system for transmission to party states as required of the division by Article VII of the Nurse
Licensure Compact in Section 58-31c-102 .
(8) For purposes of this section and Section 58-31b-402 , "licensed" or "license" includes
"registered" and "registration" under this chapter.

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Section 19. Section 58-67-601 is amended to read:
58-67-601. Mentally incompetent or incapacitated physician.
(1) As used in this section:
(a) "Incapacitated person" has the same definition as in Section [ 75-5-303 ] 75-1-201 .
(b) "Mentally ill" has the same definition as in Section [ 62A-12-202 ] 62A-15-602 .
(2) If a court of competent jurisdiction determines a physician is an incapacitated person or
that he is mentally ill and unable to safely engage in the practice of medicine, the director shall
immediately suspend the license of the physician upon the entry of the judgment of the court, without
further proceedings under Title 63, Chapter 46b, Administrative Procedures Act, regardless of
whether an appeal from the court's ruling is pending. The director shall promptly notify the
physician, in writing, of the suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe a
physician, who is not determined judicially to be an incapacitated person or to be mentally ill, is
incapable of practicing medicine with reasonable skill regarding the safety of patients, because of
illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the board
shall recommend that the director file a petition with the division, and cause the petition to be served
upon the physician with a notice of hearing on the sole issue of the capacity of the physician to
competently and safely engage in the practice of medicine.
(b) The hearing shall be conducted under Section 58-1-109 , and Title 63, Chapter 46b,
Administrative Procedures Act, except as provided in Subsection (4).
(4) (a) Every physician who accepts the privilege of being licensed under this chapter gives
consent to:
(i) submitting at his own expense to an immediate mental or physical examination when
directed in writing by the division and a majority of the board to do so; and
(ii) the admissibility of the reports of the examining physician's testimony or examination,
and waives all objections on the ground the reports constitute a privileged communication.
(b) The examination may be ordered by the division, with the consent of a majority of the
board, only upon a finding of reasonable cause to believe:

- 44 -

(i) the physician is mentally ill or incapacitated or otherwise unable to practice medicine with
reasonable skill and safety; and
(ii) immediate action by the division and the board is necessary to prevent harm to the
physician's patients or the general public.
(c) (i) Failure of a physician to submit to the examination ordered under this section is a
ground for the division's immediate suspension of the physician's license by written order of the
director.
(ii) The division may enter the order of suspension without further compliance with Title
63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
the examination ordered under this section was due to circumstances beyond the control of the
physician and was not related directly to the illness or incapacity of the physician.
(5) (a) A physician whose license is suspended under Subsection (2) or (3) has the right to
a hearing to appeal the suspension within ten days after the license is suspended.
(b) The hearing held under this subsection shall be conducted in accordance with Sections
58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
continuance of the order of suspension in order to prevent harm to the physician's patients or the
general public.
(6) A physician whose license is revoked, suspended, or in any way restricted under this
section may request the division and the board to consider, at reasonable intervals, evidence
presented by the physician, under procedures established by division rule, regarding any change in
the physician's condition, to determine whether:
(a) he is or is not able to safely and competently engage in the practice of medicine; and
(b) he is qualified to have his license to practice under this chapter restored completely or
in part.
Section 20. Section 58-68-601 is amended to read:
58-68-601. Mentally incompetent or incapacitated osteopathic physician.
(1) As used in this section:
(a) "Incapacitated person" has the same definition as in Section 75-1-201 .

- 45 -

(b) "Mentally ill" has the same definition as in Section [ 62A-12-202 ] 62A-15-602 .
(2) If a court of competent jurisdiction determines an osteopathic physician and surgeon is
an incapacitated person or that he is mentally ill and unable to safely engage in the practice of
medicine, the director shall immediately suspend the license of the osteopathic physician and
surgeon upon the entry of the judgment of the court, without further proceedings under Title 63,
Chapter 46b, Administrative Procedures Act, regardless of whether an appeal from the court's ruling
is pending. The director shall promptly notify the osteopathic physician and surgeon, in writing, of
the suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe an
osteopathic physician and surgeon, who is not determined judicially to be an incapacitated person
or to be mentally ill, is incapable of practicing osteopathic medicine with reasonable skill regarding
the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any
mental or physical condition, the board shall recommend that the director file a petition with the
division, and cause the petition to be served upon the osteopathic physician and surgeon with a
notice of hearing on the sole issue of the capacity of the osteopathic physician and surgeon to
competently and safety engage in the practice of medicine.
(b) The hearing shall be conducted under Section 58-1-109 , and Title 63, Chapter 46b,
Administrative Procedures Act, except as provided in Subsection (4).
(4) (a) Every osteopathic physician and surgeon who accepts the privilege of being licensed
under this chapter gives consent to:
(i) submitting at his own expense to an immediate mental or physical examination when
directed in writing by the division and a majority of the board to do so; and
(ii) the admissibility of the reports of the examining physician's testimony or examination,
and waives all objections on the ground the reports constitute a privileged communication.
(b) The examination may be ordered by the division, with the consent of a majority of the
board, only upon a finding of reasonable cause to believe:
(i) the osteopathic physician and surgeon is mentally ill or incapacitated or otherwise unable
to practice medicine with reasonable skill and safety; and

- 46 -

(ii) immediate action by the division and the board is necessary to prevent harm to the
osteopathic physician and surgeon's patients or the general public.
(c) (i) Failure of an osteopathic physician and surgeon to submit to the examination ordered
under this section is a ground for the division's immediate suspension of the osteopathic physician
and surgeon's license by written order of the director.
(ii) The division may enter the order of suspension without further compliance with Title
63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
the examination ordered under this section was due to circumstances beyond the control of the
osteopathic physician and surgeon and was not related directly to the illness or incapacity of the
osteopathic physician and surgeon.
(5) (a) An osteopathic physician and surgeon whose license is suspended under Subsection
(2) or (3) has the right to a hearing to appeal the suspension within ten days after the license is
suspended.
(b) The hearing held under this subsection shall be conducted in accordance with Sections
58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
continuance of the order of suspension in order to prevent harm to the osteopathic physician and
surgeon's patients or the general public.
(6) An osteopathic physician and surgeon whose license is revoked, suspended, or in any
way restricted under this section may request the division and the board to consider, at reasonable
intervals, evidence presented by the osteopathic physician and surgeon, under procedures established
by division rule, regarding any change in the osteopathic physician and surgeon's condition, to
determine whether:
(a) he is or is not able to safely and competently engage in the practice of medicine; and
(b) he is qualified to have his license to practice under this chapter restored completely or
in part.
Section 21. Section 58-69-601 is amended to read:
58-69-601. Mentally incompetent or incapacitated dentist or dental hygienist.
(1) As used in this section:

- 47 -

(a) "Incapacitated person" has the same definition as in Section 75-1-201 .
(b) "Mentally ill" has the same definition as in Section [ 62A-12-202 ] 62A-15-602 .
(2) If a court of competent jurisdiction determines a dentist or dental hygienist is an
incapacitated person or that he is mentally ill and unable to safely engage in the practice of dentistry
or dental hygiene, the director shall immediately suspend the license of the dentist or dental hygienist
upon the entry of the judgment of the court, without further proceedings under Title 63, Chapter 46b,
Administrative Procedures Act, regardless of whether an appeal from the court's ruling is pending.
The director shall promptly notify the dentist or dental hygienist, in writing, of the suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe a dentist
or dental hygienist, who is not determined judicially to be an incapacitated person or to be mentally
ill, is incapable of practicing dentistry or dental hygiene with reasonable skill regarding the safety
of patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or
physical condition, the board shall recommend that the director file a petition with the division, and
cause the petition to be served upon the dentist or dental hygienist with a notice of hearing on the
sole issue of the capacity of the dentist or dental hygienist to competently and safely engage in the
practice of dentistry or dental hygiene.
(b) The hearing shall be conducted under Section 58-1-109 and Title 63, Chapter 46b,
Administrative Procedures Act, except as provided in Subsection (4).
(4) (a) Every dentist or dental hygienist who accepts the privilege of being licensed under
this chapter gives consent to:
(i) submitting at his own expense to an immediate mental or physical examination when
directed in writing by the division and a majority of the board to do so; and
(ii) the admissibility of the reports of the examining practitioner's testimony or examination,
and waives all objections on the ground the reports constitute a privileged communication.
(b) The examination may be ordered by the division, with the consent of a majority of the
board, only upon a finding of reasonable cause to believe:
(i) the dentist or dental hygienist is mentally ill or incapacitated or otherwise unable to
practice dentistry or dental hygiene with reasonable skill and safety; and

- 48 -

(ii) immediate action by the division and the board is necessary to prevent harm to the
dentist's or dental hygienist's patients or the general public.
(c) (i) Failure of a dentist or dental hygienist to submit to the examination ordered under this
section is a ground for the division's immediate suspension of the dentist's or dental hygienist's
license by written order of the director.
(ii) The division may enter the order of suspension without further compliance with Title
63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
the examination ordered under this section was due to circumstances beyond the control of the
dentist or dental hygienist and was not related directly to the illness or incapacity of the dentist or
dental hygienist.
(5) (a) A dentist or dental hygienist whose license is suspended under Subsection (2) or (3)
has the right to a hearing to appeal the suspension within ten days after the license is suspended.
(b) The hearing held under this subsection shall be conducted in accordance with Sections
58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
continuance of the order of suspension in order to prevent harm to the dentist's or dental hygienist's
patients or the general public.
(6) A dentist or dental hygienist whose license is revoked, suspended, or in any way
restricted under this section may request the division and the board to consider, at reasonable
intervals, evidence presented by the dentist or dental hygienist, under procedures established by
division rule, regarding any change in the dentist's or dental hygienist's condition, to determine
whether:
(a) he is or is not able to safely and competently engage in the practice of dentistry or dental
hygiene; and
(b) he is qualified to have his licensure to practice under this chapter restored completely or
in part.
Section 22. Section 58-71-601 is amended to read:
58-71-601. Mentally incompetent or incapacitated naturopathic physician.
(1) As used in this section:

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(a) "Incapacitated person" has the same definition as in Section 75-1-201 .
(b) "Mentally ill" has the same definition as in Section [ 62A-12-202 ] 62A-15-602 .
(2) If a court of competent jurisdiction determines a naturopathic physician is an
incapacitated person or that he is mentally ill and unable to safely engage in the practice of medicine,
the director shall immediately suspend the license of the naturopathic physician upon the entry of
the judgment of the court, without further proceedings under Title 63, Chapter 46b, Administrative
Procedures Act, regardless of whether an appeal from the court's ruling is pending. The director
shall promptly notify the naturopathic physician, in writing, of the suspension.
(3) (a) If the division and a majority of the board find reasonable cause to believe a
naturopathic physician, who is not determined judicially to be an incapacitated person or to be
mentally ill, is incapable of practicing medicine with reasonable skill regarding the safety of patients,
because of illness, excessive use of drugs or alcohol, or as a result of any mental or physical
condition, the board shall recommend that the director file a petition with the division, and cause the
petition to be served upon the naturopathic physician with a notice of hearing on the sole issue of
the capacity of the naturopathic physician to competently and safely engage in the practice of
medicine.
(b) The hearing shall be conducted under Section 58-1-109 , and Title 63, Chapter 46b,
Administrative Procedures Act, except as provided in Subsection (4).
(4) (a) Every naturopathic physician who accepts the privilege of being licensed under this
chapter gives consent to:
(i) submitting at his own expense to an immediate mental or physical examination when
directed in writing by the division and a majority of the board to do so; and
(ii) the admissibility of the reports of the examining physician's testimony or examination,
and waives all objections on the ground the reports constitute a privileged communication.
(b) The examination may be ordered by the division, with the consent of a majority of the
board, only upon a finding of reasonable cause to believe:
(i) the naturopathic physician is mentally ill or incapacitated or otherwise unable to practice
medicine with reasonable skill and safety; and

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(ii) immediate action by the division and the board is necessary to prevent harm to the
naturopathic physician's patients or the general public.
(c) (i) Failure of a naturopathic physician to submit to the examination ordered under this
section is a ground for the division's immediate suspension of the naturopathic physician's license
by written order of the director.
(ii) The division may enter the order of suspension without further compliance with Title
63, Chapter 46b, Administrative Procedures Act, unless the division finds the failure to submit to
the examination ordered under this section was due to circumstances beyond the control of the
naturopathic physician and was not related directly to the illness or incapacity of the naturopathic
physician.
(5) (a) A naturopathic physician whose license is suspended under Subsection (2) or (3) has
the right to a hearing to appeal the suspension within ten days after the license is suspended.
(b) The hearing held under this subsection shall be conducted in accordance with Sections
58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the
continuance of the order of suspension in order to prevent harm to the naturopathic physician's
patients or the general public.
(6) A naturopathic physician whose license is revoked, suspended, or in any way restricted
under this section may request the division and the board to consider, at reasonable intervals,
evidence presented by the naturopathic physician, under procedures established by division rule,
regarding any change in the naturopathic physician's condition, to determine whether:
(a) he is or is not able to safely and competently engage in the practice of medicine; and
(b) he is qualified to have his license to practice under this chapter restored completely or
in part.
Section 23. Section 62A-1-105 is amended to read:
62A-1-105. Creation of boards, divisions, and offices.
(1) The following policymaking boards are created within the Department of Human
Services:
(a) the Board of Aging and Adult Services;

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(b) the Board of Child and Family Services;
[(c) the Board of Mental Health;]
[(d)] (c) the Board of Public Guardian Services;
[(e)] (d) the Board of Services for People with Disabilities;
[(f)] (e) the Board of Substance Abuse and Mental Health; and
[(g)] (f) the Board of Youth Corrections.
(2) The following divisions are created within the Department of Human Services:
(a) the Division of Aging and Adult Services;
(b) the Division of Child and Family Services;
[(c) the Division of Mental Health;]
[(d)] (c) the Division of Services for People with Disabilities;
[(e)] (d) the Division of Substance Abuse and Mental Health; and
[(f)] (e) the Division of Youth Corrections.
(3) The following offices are created within the Department of Human Services:
(a) the Office of Licensing;
(b) the Office of Public Guardian; and
(c) the Office of Recovery Services.
Section 24. Section 62A-1-111 is amended to read:
62A-1-111. Department authority.
The department may, in addition to all other authority and responsibility granted to it by law:
(1) adopt rules, not inconsistent with law, as the department may consider necessary or
desirable for providing social services to the people of this state;
(2) establish and manage client trust accounts in the department's institutions and community
programs, at the request of the client or his legal guardian or representative, or in accordance with
federal law;
(3) purchase, as authorized or required by law, services that the department is responsible
to provide for legally eligible persons;
(4) conduct adjudicative proceedings for clients and providers in accordance with the

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procedures of Title 63, Chapter 46b, Administrative Procedures Act;
(5) establish eligibility standards for its programs, not inconsistent with state or federal law
or regulations;
(6) take necessary steps, including legal action, to recover money or the monetary value of
services provided to a recipient who was not eligible;
(7) set and collect fees for its services;
(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or
limited by law;
(9) acquire, manage, and dispose of any real or personal property needed or owned by the
department, not inconsistent with state law;
(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the
proceeds thereof, may be credited to the program designated by the donor, and may be used for the
purposes requested by the donor, as long as the request conforms to state and federal policy; all
donated funds shall be considered private, nonlapsing funds and may be invested under guidelines
established by the state treasurer;
(11) accept and employ volunteer labor or services; the department is authorized to
reimburse volunteers for necessary expenses, when the department considers that reimbursement to
be appropriate;
(12) carry out the responsibility assigned in the Workforce Services Plan by the State
Council on Workforce Services;
(13) carry out the responsibility assigned by Section 9-4-802 with respect to coordination
of services for the homeless;
(14) carry out the responsibility assigned by Section 62A-5a-105 with respect to coordination
of services for students with a disability;
(15) provide training and educational opportunities for its staff;
(16) collect child support payments and any other monies due to the department;
(17) apply the provisions of Title 78, Chapter 45, Uniform Civil Liability for Support Act,
to parents whose child lives out of the home in a department licensed or certified setting;

- 53 -

(18) establish policy and procedures in cases where the department is given custody of a
minor by the juvenile court pursuant to Section 78-3a-118 ; any policy and procedures shall include:
(a) designation of interagency teams for each juvenile court district in the state;
(b) delineation of assessment criteria and procedures;
(c) minimum requirements, and timeframes, for the development and implementation of a
collaborative service plan for each minor placed in department custody; and
(d) provisions for submittal of the plan and periodic progress reports to the court;
(19) carry out the responsibilities assigned to it by statute; and
(20) examine and audit the expenditures of any public funds provided to local substance
abuse authorities, local mental health authorities, local area agencies on aging, and any person,
agency, or organization that contracts with or receives funds from those authorities or agencies.
Those local authorities, area agencies, and any person or entity that contracts with or receives funds
from those authorities or area agencies, shall provide the department with any information the
department considers necessary. The department is further authorized to issue directives resulting
from any examination or audit to local authorities, area agencies, and persons or entities that contract
with or receive funds from those authorities with regard to any public funds. If the department
determines that it is necessary to withhold funds from a local mental health authority or local
substance abuse authority based on failure to comply with state or federal law, policy, or contract
provisions, it may take steps necessary to ensure continuity of services. For purposes of this
Subsection (20) "public funds" means the same as that term is defined in [Sections 62A-8-101 and
62A-12-101 ] Section 62A-15-102 .
Section 25. Section 62A-3-101 is amended to read:
62A-3-101. Definitions.
As used in this chapter:
(1) "Adult" or "high risk adult" means a person 18 years of age or older who experiences
a condition:
(a) that places the person at a high risk of being unable to care for himself, as determined
by assessment, because of the onset of a physical or cognitive impairment or frailty; and

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(b) for which the person is not eligible to receive services under Chapter 5, Services to
People with Disabilities, or Chapter [12,] 15, Substance Abuse and Mental Health Act.
(2) "Aging" and "aged" means a person 60 years of age or older.
(3) "Area agency" means an area agency that provides services to the aged, high risk adults,
or both within a planning and service area.
(4) "Area agency on aging" means a public or private nonprofit agency or office designated
by the division to operate within a planning and service area of the state to develop and implement
a broad range of services for the aged in that area.
(5) "Area agency on high risk adults" means a public or private nonprofit agency or office
designated by the division to operate within a planning and service area of the state to develop and
implement services for high risk adults in that area.
(6) "Board" means the Board of Aging and Adult Services.
(7) "Director" means the director of the Division of Aging and Adult Services.
(8) "Division" means the Division of Aging and Adult Services within the department.
(9) "Planning and service area" means a geographical area of the state designated by the
division for purposes of planning, development, delivery, and overall administration of services for
the aged or high risk adults.
Section 26. Section 62A-5a-102 is amended to read:
62A-5a-102. Definitions.
As used in this chapter:
(1) "Council" means the Coordinating Council for Persons with Disabilities.
(2) "State agencies" means:
(a) the Division of Services for People with Disabilities and the Division of Substance Abuse
and Mental Health, within the Department of Human Services;
(b) the Division of Health Care Financing within the Department of Health;
(c) family health services programs established under Title 26, Chapter 10, Family Health
Services, operated by the Department of Health;
(d) the Utah State Office of Rehabilitation; and

- 55 -

(e) special education programs operated by the State Office of Education and local school
districts under Title 53A, Chapter 15, Part 3, Education of Children with Disabilities.
Section 27. Section 62A-5a-103 is amended to read:
62A-5a-103. Coordinating Council for Persons with Disabilities -- Creation --
Membership -- Expenses.
(1) There is created the Coordinating Council for Persons with Disabilities.
(2) The council shall consist of:
(a) the director of the Division of Services for People with Disabilities within the
Department of Human Services, or his designee;
(b) the director of family health services programs, appointed under Section 26-10-3 , or his
designee;
(c) the executive director of the Utah State Office of Rehabilitation, or his designee;
(d) the state director of special education, or his designee;
(e) the director of the Division of Health Care Financing within the Department of Health,
or his designee;
(f) the director of the Division of Substance Abuse and Mental Health within the Department
of Human Services, or his designee;
(g) the superintendent of Schools for the Deaf and Blind, or his designee; and
(h) a person with a disability, a family member of a person with a disability, or an advocate
for persons with disabilities, appointed by the members listed in Subsections (2)(a) through (g).
(3) (a) The council shall annually elect a chair from its membership.
(b) Five members of the council are a quorum.
(4) (a) 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 .
(b) State government officer and employee members may decline to receive per diem and
expenses for their service.

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Section 28. Section 62A-7-401 is amended to read:
62A-7-401. Juvenile Sex Offender Authority -- Purpose -- Duties -- Members -- Staff
specialists.
(1) There is established the Utah State Juvenile Sex Offender Authority within the
Department of Human Services, Division of Youth Corrections.
(2) The purpose of the authority is to supervise and coordinate the efforts of law
enforcement, the Divisions of Youth Corrections, Substance Abuse and Mental Health, Child and
Family Services, and Services for People with Disabilities, the State Office of Education, the
Juvenile Court, prosecution, and juvenile sex offender intervention and treatment specialists.
(3) The authority shall:
(a) coordinate and develop effective and cost-effective programs for the treatment of
juveniles who sexually offend;
(b) administer the development of a comprehensive continuum of juvenile sex offender
services;
(c) administer the development of programs to protect the communities from juvenile sex
offending and offenders; and
(d) by June 30, 2000, implement fully the comprehensive and detailed plan which shall
include provisions for the type of services by levels of intensity, agency responsibility for services,
and professional qualifications for persons delivering the services. The plan shall also include
detailed outcome measures to determine program effectiveness.
(4) The authority shall be comprised of:
(a) the director of the Division of Youth Corrections or a designee;
(b) the director of the Division of Substance Abuse and Mental Health or a designee;
(c) the director of the Division of Child and Family Services or a designee;
(d) the director of the Division of Services for People with Disabilities or a designee;
(e) the State Superintendent of Public Instruction;
(f) the juvenile court administrator or a designee;
(g) a representative of the Statewide Association of Public Attorneys as designated by its

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director;
(h) a representative of the Utah Sheriffs Association as designated by its president;
(i) a representative of the Utah Police Chiefs Association as designated by its president;
(j) a citizen appointed by the governor;
(k) a representative of the Utah Network on Juveniles Offending Sexually (NOJOS) as
designated by its director; and
(l) the attorney general or a designee.
(5) Staff to the authority shall be the staff specialists of the statewide juvenile sex offender
supervision and treatment unit.
Section 29. Section 62A-13-105 is amended to read:
62A-13-105. Department duties and powers.
(1) The department shall administer this chapter within the Division of Substance Abuse and
Mental Health, created in Section [ 62A-12-102 ] 62A-15-103 , and provide division staff to the
committee.
(2) The department may accept gifts, grants, loans, and other aid or funds from any person,
association, foundation, trust, corporation, governmental agency, or other entity for the purposes set
forth in this chapter.
Section 30. Section 62A-14-106 is amended to read:
62A-14-106. Board of Public Guardian Services.
(1) The Board of Public Guardian Services, created in accordance with this section and
Section 62A-1-105 , is responsible for establishing the policy of the office in accordance with this
chapter and seeing that the legislative purposes for the office are carried out.
(2) The executive director shall appoint nine members to the Board of Public Guardian
Services, as follows:
(a) a member of the Board of Aging and Adult Services;
(b) a member of the Board of Services for Persons with Disabilities;
(c) a member of the Board of Substance Abuse and Mental Health;
(d) a representative of the long-term care industry;

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(e) a representative of the hospital industry;
(f) a representative of persons with disabilities;
(g) a representative of senior citizens;
(h) a physician; and
(i) an attorney with experience in guardianship and conservatorship law.
(3) (a) Except as provided in Subsection (3)(b), each member shall be appointed for a
four-year term and eligible for one reappointment.
(b) Notwithstanding Subsection (3)(a), the executive director shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of board members
are staggered so that approximately half of the board is appointed every two years, taking into
account the remaining term of board members who serve on other department boards.
(c) A board member shall continue in office until the expiration of the member's term and
until a successor is appointed, which may not exceed 90 days after the formal expiration of the term.
(d) When a vacancy occurs in membership for any reason, the replacement shall be
appointed for the unexpired term.
(e) The make up of the board should reflect political and geographic diversity.
(4) The board shall annually elect a chairperson from its membership. The board shall hold
meetings at least once every three months. Meetings shall be held from time to time on the call of
the chairperson or a majority of the board members. Five board members are necessary to constitute
a quorum at any meeting and, if a quorum exists, the action of a majority of members present shall
be the action of the board.
(5) (a) Board members who are not government employees may not receive compensation
or benefits for their services, but may receive per diem and expenses incurred in the performance of
their official duties at rates established by the Division of Finance under Sections 63A-3-106 and
63A-3-107 .
(b) Members of the board may decline to receive per diem expenses for their services.
(6) The board shall:
(a) establish program policy for the office;

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(b) establish a mechanism for systematic and regular review of existing policy and for
consideration of policy changes; and
(c) set fees for the office, excluding attorneys fees, in accordance with Section 63-38-3.2 .
Section 31. Section 62A-15-101 is enacted to read:
CHAPTER 15. SUBSTANCE ABUSE AND MENTAL HEALTH ACT
Part 1. Division and Board of Substance Abuse and Mental Health
62A-15-101. Title.
(1) This chapter is known as the "Substance Abuse and Mental Health Act."
(2) This part is known as the "Division and Board of Substance Abuse and Mental Health."
Section 32. Section 62A-15-102 , which is renumbered from Section 62A-8-101 is
renumbered and amended to read:
[62A-8-101]. 62A-15-102. Definitions.
As used in this chapter:
(1) "Board" means the Board of Substance Abuse and Mental Health established in
accordance with [Section] Sections 62A-1-105 and 62A-15-106 .
(2) "Director" means the director of the Division of Substance Abuse and Mental Health.
(3) "Division" means the Division of Substance Abuse and Mental Health established in
Section [ 62A-8-103 ] 62A-15-103 .
(4) "Local mental health authority" means a county legislative body.
[(4)] (5) "Local substance abuse authority" means a county legislative body.
[(5)] (6) (a) "Public funds" means federal monies received from the Department of Human
Services or the Department of Health, and state monies appropriated by the Legislature to the
Department of Human Services, the Department of Health, a county governing body, or a local
substance abuse authority, or a local mental health authority for the purposes of providing substance
abuse or mental health programs or services. "Public funds" includes those federal and state monies
that have been transferred by a local substance abuse authority or a local mental health authority to
a private provider under an annual or otherwise ongoing contract to provide comprehensive
substance abuse or mental health programs or services for the local substance abuse authority or local

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mental health authority. Those monies maintain the nature of "public funds" while in the possession
of the private entity that has an annual or otherwise ongoing contract with a local substance abuse
authority or a local mental health authority to provide comprehensive substance abuse or mental
health programs or services for the local substance abuse authority or local mental health authority.
(b) This definition of "public funds" does not limit or prohibit an organization exempt under
Section 501(c)(3), Internal Revenue Code, from using public funds for any business purpose or in
any financial arrangement that is otherwise lawful for that organization.
(7) "Severe mental disorder" means schizophrenia, major depression, bipolar disorders,
delusional disorders, psychotic disorders, and other mental disorders as defined by the board.
Section 33. Section 62A-15-103 , which is renumbered from Section 62A-8-103 is
renumbered and amended to read:
[62A-8-103]. 62A-15-103. Division -- Creation -- Responsibilities.
(1) There is created the Division of Substance Abuse and Mental Health within the
department, under the administration and general supervision of the executive director, and, with
regard to its programs, under the policy direction of the board. The division is the substance abuse
authority and the mental health authority for this state.
(2) The division shall:
(a) (i) educate the general public regarding the nature and consequences of substance abuse
by promoting school and community-based prevention programs;
[(b)] (ii) render support and assistance to public schools through approved school-based
substance abuse education programs aimed at prevention of substance abuse;
[(c)] (iii) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
[(d) promote or establish cooperative relationships with courts, hospitals, clinics, medical
and social agencies, public health authorities, law enforcement agencies, education and research
organizations, and other related groups;]
[(e) provide consultation and other assistance to public and private agencies and groups;]
[(f)] (iv) cooperate and assist other organizations and private treatment centers for substance

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abusers, by providing them with essential materials for furthering programs of prevention and
rehabilitation of actual and potential substance abusers; and
[(g) promote or conduct research on substance abuse issues, and submit to the governor and
the Legislature recommendations for changes in policy and legislation;]
[(h) receive, distribute, and provide direction over public funds for substance abuse
services;]
[(i) consult and coordinate with local substance abuse authorities regarding substance abuse
programs and services;]
[(j)] (v) promote or establish programs for education and certification of instructors to
educate persons convicted of driving under the influence of alcohol or drugs or driving with any
measurable controlled substance in the body;
(b) (i) collect and disseminate information pertaining to mental health; and
(ii) provide direction over the state hospital including approval of its budget, administrative
policy, and coordination of services with local service plans; and
(c) (i) consult and coordinate with local substance abuse authorities and local mental health
authorities regarding programs and services;
(ii) provide consultation and other assistance to public and private agencies and groups
working on substance abuse and mental health issues;
(iii) promote and establish cooperative relationships with courts, hospitals, clinics, medical
and social agencies, public health authorities, law enforcement agencies, education and research
organizations, and other related groups;
(iv) promote or conduct research on substance abuse and mental health issues, and submit
to the governor and the Legislature recommendations for changes in policy and legislation;
(v) receive, distribute, and provide direction over public funds for substance abuse and
mental health services;
[(k)] (vi) monitor and evaluate programs provided by local substance abuse authorities and
local mental health authorities;
[(l)] (vii) examine expenditures of any local, state, and federal funds;

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[(m)] (viii) monitor the expenditure of public funds by:
[(i)] (A) local substance abuse authorities; [and]
(B) local mental health authorities; and
[(ii)] (C) in counties where they exist, the private contract provider that has an annual or
otherwise ongoing contract to provide comprehensive substance abuse or mental health programs
or services for the local substance abuse authority or local mental health authorities;
[(n)] (ix) contract with local substance abuse authorities and local mental health authorities
to provide a comprehensive continuum of services in accordance with board and division policy,
contract provisions, and the local plan;
[(o)] (x) contract with private and public entities for special statewide or nonclinical services
according to board and division policy;
[(p)] (xi) review and approve each local substance abuse authority's plan and each local
mental health authority's plan in order to [assure] ensure:
[(i)] (A) a statewide comprehensive continuum of substance abuse services; [and]
(B) a statewide comprehensive continuum of mental health services; and
[(ii)] (C) appropriate expenditure of public funds;
[(q)] (xii) review and make recommendations regarding each local substance abuse
authority's contract with its provider of substance abuse programs and services [to assure] and each
local mental health authority's contract with its provider of mental health programs and services to
ensure compliance with state and federal law and policy;
[(r)] (xiii) monitor and [assure] ensure compliance with board and division policy and
contract requirements; and
[(s)] (xiv) withhold funds from local substance abuse authorities, local mental health
authorities, and public and private providers for contract noncompliance, failure to comply with
division directives regarding the use of public funds, or for misuse of public funds or monies.
(3) (a) The division may refuse to contract with and may pursue its legal remedies against
any local substance abuse authority or local mental health authority that fails, or has failed, to expend
public funds in accordance with state law, division policy, contract provisions, or directives issued

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in accordance with state law.
(b) The division may withhold funds from a local substance abuse authority or local mental
health authority if the authority's contract with its provider of substance abuse or mental health
programs or services fails to comply with state and federal law or policy.
(4) Before reissuing or renewing a contract with any local substance abuse authority or local
mental health authority, the division shall review and determine whether the local substance abuse
authority or local mental health authority is complying with its oversight and management
responsibilities described in Sections 17A-3-601 , 17A-3-603.5 , 17A-3-701 and 17A-3-703 . Nothing
in this Subsection (4) may be used as a defense to the responsibility and liability described in Section
17A-3-603.5 and to the responsibility and liability described in Section 17A-3-703 .
(5) In carrying out its duties and responsibilities, the division may not duplicate treatment
or educational facilities that exist in other divisions or departments of the state, but shall work in
conjunction with those divisions and departments in rendering the treatment or educational services
that those divisions and departments are competent and able to provide.
(6) (a) The division may accept in the name of and on behalf of the state donations, gifts,
devises, or bequests of real or personal property or services to be used as specified by the donor.
(b) Those donations, gifts, devises, or bequests shall be used by the division in performing
its powers and duties. Any money so obtained shall be considered private nonlapsing funds and shall
be deposited into an interest-bearing restricted special revenue fund to be used by the division for
substance abuse or mental health services. The state treasurer may invest the fund and all interest
shall remain with the fund.
(7) The division shall annually review with each local substance abuse authority and each
local mental health authority the authority's statutory and contract responsibilities regarding:
(a) the use of public funds;
(b) oversight responsibilities regarding public funds; and
(c) governance of substance abuse and mental health programs and services.
Section 34. Section 62A-15-104 , which is renumbered from Section 62A-8-106 is
renumbered and amended to read:

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[62A-8-106]. 62A-15-104. Director -- Qualifications.
(1) The director of the division shall be appointed by the executive director with the
concurrence of the board.
(2) The director shall have a bachelor's degree from an accredited university or college, be
experienced in administration, and be knowledgeable in matters concerning substance abuse and
mental health.
(3) The director is the administrative head of the division.
Section 35. Section 62A-15-105 , which is renumbered from Section 62A-8-107 is
renumbered and amended to read:
[62A-8-107]. 62A-15-105. Authority and responsibilities of board.
The board is the policymaking body for the division and for programs funded with state and
federal moneys under Sections 17A-3-602 , 17A-3-606 , 17A-3-701 , and [ 62A-8-110.5 ] 62A-15-110 .
The board [has the following duties and responsibilities] shall:
(1) in establishing policy, [the board shall] seek input from local substance abuse authorities,
local mental health authorities, consumers, providers, advocates, division staff, and other interested
parties as determined by the board;
(2) [to] establish, by rule, minimum standards for local substance abuse authorities and local
mental health authorities;
(3) [to] establish, by rule, procedures for developing its policies which ensure that local
substance abuse authorities and local mental health authorities are given opportunity to comment and
provide input on any new policy of the board or proposed changes in existing policy of the board;
(4) [the board shall also] provide a mechanism for review of its existing policy, and for
consideration of policy changes that are proposed by local substance abuse authorities or local mental
health authorities;
(5) [to] develop program policies, standards, rules, and fee schedules for the division; and
(6) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make
rules approving the form and content of substance abuse treatment, educational series, and screening
and assessment that are described in Section 41-6-44 .

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Section 36. Section 62A-15-106 , which is renumbered from Section 62A-8-108 is
renumbered and amended to read:
[62A-8-108]. 62A-15-106. Membership of board.
Effective September 1, 2002, the governor shall appoint seven members to the board in
accordance with Section 62A-1-107 . At least one member of the board shall be:
(1) a registered pharmacist licensed to practice in this state[. Another member of the board
shall be];
(2) a physician licensed to practice medicine in this state[. At least one member of the board
shall be];
(3) a person recovered or recovering from substance abuse[.]; and
(4) a psychiatrist licensed to practice in this state.
Section 37. Section 62A-15-107 , which is renumbered from Section 62A-8-104 is
renumbered and amended to read:
[62A-8-104]. 62A-15-107. Authority to assess fees.
(1) The division may, with the approval of the Legislature, the executive director, and the
board, establish fee schedules and assess fees for services rendered by the division.
(2) Fees shall be charged for substance abuse and mental health treatment services, but
services may not be refused to any person because of [his] inability to pay.
Section 38. Section 62A-15-108 , which is renumbered from Section 62A-8-109 is
renumbered and amended to read:
[62A-8-109]. 62A-15-108. Formula for allocation of funds to local substance
abuse authorities and local mental health authorities.
(1) The board shall establish, by rule, [a formula] formulas for allocating funds to local
substance abuse authorities and local mental health authorities through contracts, to provide
substance abuse prevention and treatment services in accordance with the provisions of this chapter
and [of] Title 17A, Chapter 3, Part 7, Local Substance Abuse Authorities[. That formula], and
mental health services in accordance with the provisions of this chapter and Title 17A, Chapter 3,
Part 6, Local Mental Health Authorities. The formulas shall provide for allocation of funds based

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on need. Determination of need shall be based on population unless the board establishes, by valid
and accepted data, that other defined factors are relevant and reliable indicators of need. The
[formula] formulas shall include a differential to compensate for additional costs of providing
services in rural areas.
(2) The [formula] formulas established under Subsection (1) [applies] apply to all state and
federal funds appropriated by the Legislature to the division for local substance abuse authorities and
local mental health authorities, but does not apply to:
(a) funds that local substance abuse authorities and local mental health authorities receive
from sources other than the division;
(b) funds that local substance abuse authorities and local mental health authorities receive
from the division to operate [a] specific [program] programs within [its jurisdiction] their
jurisdictions which [is] are available to all residents of the state;
(c) funds that local substance abuse authorities and local mental health authorities receive
from the division to meet [a need] needs that [exists] exist only within [that] their local [area] areas;
and
(d) funds that local substance abuse authorities and local mental health authorities receive
from the division for research projects.
(3) Contracts with local substance abuse authorities and local mental health authorities shall
provide that the division may withhold funds otherwise allocated pursuant to this section to cover
the costs of audits, attorneys' fees, and other expenditures associated with reviewing the expenditure
of public funds by a local substance abuse authority or its contract provider or a local mental health
authority or its contract provider, if there has been an audit finding or judicial determination that
public funds have been misused by the local substance abuse authority or its contract provider or the
local mental health authority or its contract provider.
Section 39. Section 62A-15-109 , which is renumbered from Section 62A-8-110.1 is
renumbered and amended to read:
[62A-8-110.1]. 62A-15-109. Responsibilities of the Division of Substance Abuse
and Mental Health.

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(1) It is the responsibility of the division to assure that the requirements of this part are met
and applied uniformly by local substance abuse authorities and local mental health authorities across
the state.
(2) Since it is the division's responsibility to contract with, review, approve, and oversee
local substance abuse authority plans and local mental health authority plans, and to withhold funds
from local substance abuse authorities, local mental health authorities, and public and private
providers for contract noncompliance or misuse of public funds, the division shall:
(a) require each local substance abuse authority and each local mental health authority to
submit its plan to the division by May 1 of each year;
(b) conduct an annual program audit and review of each local substance abuse authority in
the state and its contract provider and each local mental health authority in the state, and its contract
provider; and
(c) provide a written report to the Health and Human Services Interim Committee on July
1, 1999, and each year thereafter, and provide an oral report to that committee, as requested. That
report shall provide information regarding:
(i) the annual audit and review;
(ii) the financial expenditures of each local substance abuse authority and its contract
provider and each local mental health authority and its contract provider;
(iii) the status of each local authority's and its contract provider's compliance with its plan,
state statutes, and with the provisions of the contract awarded; and
(iv) whether audit guidelines established pursuant to Section [ 62A-8-110.5 ] 62A-15-110 and
Subsection 67-3-1 (2)(o) provide the division with sufficient criteria and assurances of appropriate
expenditures of public funds.
(3) The annual audit and review described in Subsection (2)(b) shall, in addition to items
determined by the division to be necessary and appropriate, include a review and determination
regarding whether public funds allocated to local substance abuse authorities and local mental health
authorities are consistent with services rendered and outcomes reported by [it] them or [its] their
contract [provider] providers, and whether each local substance abuse authority and each local

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mental health authority is exercising sufficient oversight and control over public funds allocated for
substance abuse and mental health programs and services.
(4) The Legislature may refuse to appropriate funds to the division upon the division's failure
to comply with the provisions of this part.
Section 40. Section 62A-15-110 , which is renumbered from Section 62A-8-110.5 is
renumbered and amended to read:
[62A-8-110.5]. 62A-15-110. Contracts for substance abuse and mental health
services -- Provisions -- Responsibilities.
When the division contracts with a local substance abuse authority or a local mental health
authority to provide substance abuse or mental health programs and services in accordance with the
provision of this chapter and Title 17A, Chapter 3, Part 7, Local Substance Abuse Authorities, or
Title 17A, Chapter 3, Part 6, Local Mental Health Authorities, it shall ensure that those contracts
include at least the following provisions:
(1) that an independent auditor shall conduct any audit of the local substance abuse authority
or its contract provider's programs or services and any audit of the local mental health authority or
its contract provider's programs or services, pursuant to the provisions of Title 51, Chapter 2;
(2) in addition to the requirements described in Title 51, Chapter 2, the division:
(a) shall prescribe guidelines and procedures, in accordance with those formulated by the
state auditor pursuant to Section 67-3-1 , for auditing the compensation and expenses of officers,
directors, and specified employees of the private contract provider, to assure the state that no
personal benefit is gained from travel or other expenses; and
(b) may prescribe specific items to be addressed by that audit, depending upon the particular
needs or concerns relating to the local substance abuse authority, local mental health authority, or
contract provider at issue;
(3) the local substance abuse authority or its contract provider and the local mental health
authority and its contract provider shall invite and include all funding partners in its auditor's pre-
and exit conferences;
(4) each member of the local substance abuse authority and each member of the local mental

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health authority shall annually certify that he has received and reviewed the independent audit and
has participated in a formal interview with the provider's executive officers;
(5) requested information and outcome data will be provided to the division in the manner
and within the time lines defined by the division; and
(6) all audit reports by state or county persons or entities concerning the local substance
abuse authority or its contract provider, or the local mental health authority or its contract provider
shall be provided to the executive director of the department, the local substance abuse authority or
local mental health authority, and members of the contract provider's governing board.
Section 41. Section 62A-15-111 , which is renumbered from Section 62A-8-110.7 is
renumbered and amended to read:
[62A-8-110.7]. 62A-15-111. Responsibility for cost of services provided by local
substance abuse or mental health authority.
Whenever a local substance abuse authority or local mental health authority, through its
designated provider, provides any service described in [Subsection] Section 17A-3-602 or
Subsection 17A-3-701 (3) to a person who resides within the jurisdiction of another local [substance
abuse] authority, the local [substance abuse] authority in whose jurisdiction the person resides is
responsible for the cost of that service if its designated provider has authorized the provision of that
service.
Section 42. Section 62A-15-112 , which is renumbered from Section 62A-8-112 is
renumbered and amended to read:
[62A-8-112]. 62A-15-112. Receipt of funds.
Local substance abuse authorities, local mental health authorities, and entities that contract
with these authorities to provide substance abuse services or mental health services may receive
funds made available by federal, state, or local health, substance abuse, mental health, education,
welfare, or other agencies, in accordance with the provisions of this chapter [and], Title 17A,
Chapter 3, Part 6, Local Mental Health Authorities, and Title 17A, Chapter 3, Part 7, Local
Substance Abuse Authorities.
Section 43. Section 62A-15-201 , which is renumbered from Section 62A-8-201 is

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renumbered and amended to read:
Part 2. Teen Substance Abuse Intervention and Prevention Act
[62A-8-201]. 62A-15-201. Title.
This part [shall be] is known as the "Teen Substance Abuse Intervention and Prevention Act."
Section 44. Section 62A-15-202 , which is renumbered from Section 62A-8-202 is
renumbered and amended to read:
[62A-8-202]. 62A-15-202. Definitions.
As used in this part:
(1) "Juvenile substance abuse offender" means any juvenile found to come within the
provisions of Section 78-3a-104 for a drug or alcohol related offense, as designated by the Board of
Juvenile Court Judges.
(2) "Local substance abuse authority" means a county legislative body designated to provide
substance abuse services in accordance with Section 17A-3-701 .
(3) "Teen substance abuse school" means any school established by the local substance abuse
authority, in cooperation with the Board of Juvenile Court Judges, that provides an educational,
interpersonal, skill-building experience for juvenile substance abuse offenders and their parents or
legal guardians.
Section 45. Section 62A-15-203 , which is renumbered from Section 62A-8-203 is
renumbered and amended to read:
[62A-8-203]. 62A-15-203. Teen substance abuse schools -- Establishment.
The division or a local substance abuse authority, in cooperation with the Board of Juvenile
Court Judges, may establish teen substance abuse schools in the districts of the juvenile court.
Section 46. Section 62A-15-204 , which is renumbered from Section 62A-8-204 is
renumbered and amended to read:
[62A-8-204]. 62A-15-204. Court order to attend substance abuse school --
Assessments.
(1) In addition to any other disposition ordered by the juvenile court pursuant to Section
78-3a-118 , the court may order a juvenile and his parents or legal guardians to attend a teen

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substance abuse school, and order payment of an assessment in addition to any other fine imposed.
(2) All assessments collected shall be forwarded to the county treasurer of the county where
the juvenile resides, to be used exclusively for the operation of a teen substance abuse program.
Section 47. Section 62A-15-301 , which is renumbered from Section 62A-8-501 is
renumbered and amended to read:
Part 3. Commitment of Minors to Drug or Alcohol Programs or Facilities
[62A-8-501]. 62A-15-301. Commitment of minor to secure drug or alcohol
facility or program -- Procedures -- Review.
(1) For purposes of this [section] part:
(a) "Approved treatment facility or program" means a public or private secure, inpatient
facility or program that is licensed or operated by the department or by the Department of Health to
provide drug or alcohol treatment or rehabilitation.
(b) "Drug or alcohol addiction" means that the person has a physical or psychological
dependence on drugs or alcohol in a manner not prescribed by a physician.
(2) The parent or legal guardian of a minor under the age of 18 years may submit that child,
without the child's consent, to an approved treatment facility or program for treatment or
rehabilitation of drug or alcohol addiction, upon application to a facility or program, and after a
careful diagnostic inquiry is made by a neutral and detached fact finder, in accordance with the
requirements of this section.
(3) The neutral fact finder who conducts the inquiry:
(a) shall be either a physician, psychologist, marriage and family therapist, psychiatric and
mental health nurse specialist, or social worker licensed to practice in this state, who is trained and
practicing in the area of substance abuse; and
(b) may not profit, financially or otherwise, from the commitment of the child and may not
be employed by the proposed facility or program.
(4) The review by a neutral fact finder may be conducted on the premises of the proposed
treatment facility or program.
(5) The inquiry conducted by the neutral fact finder shall include a private interview with

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the child, and an evaluation of the child's background and need for treatment.
(6) The child may be committed to the approved treatment facility or program if it is
determined by the neutral fact finder that:
(a) the child is addicted to drugs or alcohol and because of that addiction poses a serious risk
of harm to himself or others;
(b) the proposed treatment or rehabilitation is in the child's best interest; and
(c) there is no less restrictive alternative that would be equally as effective, from a clinical
standpoint, as the proposed treatment facility or program.
(7) Any approved treatment facility or program that receives a child under this section shall
conduct a periodic review, at intervals not to exceed 30 days, to determine whether the criteria
described in Subsection (6) continue to exist.
(8) A minor committed under this section shall be released from the facility or program upon
the request of his parent or legal guardian.
(9) Commitment of a minor under this section terminates when the minor reaches the age
of 18 years.
(10) Nothing in this section requires a program or facility to accept any person for treatment
or rehabilitation.
(11) The parent or legal guardian who requests commitment of a minor under this section
is responsible to pay any fee associated with the review required by this section and any necessary
charges for commitment, treatment, or rehabilitation for a minor committed under this section.
(12) The child shall be released from commitment unless the report of the neutral fact finder
is submitted to the juvenile court within 72 hours of commitment and approved by the court.
Section 48. Section 62A-15-401 , which is renumbered from Section 62A-8-103.5 is
renumbered and amended to read:
Part 4. Alcohol Training and Education
[62A-8-103.5]. 62A-15-401. Alcohol training and education seminar.
(1) As used in this [section] part:
(a) "instructor" means a person that directly provides the instruction during an alcohol

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training and education seminar for a seminar provider;
(b) "licensee" means a person who is:
(i) a new or renewing licensee under Title 32A, Alcoholic Beverage Control Act; and
(ii) engaged in the retail sale of alcoholic beverages for consumption on the premises of the
licensee; and
(c) "seminar provider" means a person other than the division who provides an alcohol
training and education seminar meeting the requirements of this section.
(2) (a) This section applies to a person who, as defined by the board by rule:
(i) manages operations at the premises of a licensee;
(ii) supervises the serving of alcoholic beverages to a customer for consumption on the
premises of a licensee; or
(iii) serves alcoholic beverages to a customer for consumption on the premises of a licensee.
(b) A person described in Subsection (2)(a) shall:
(i) complete an alcohol training and education seminar within 30 days of:
(A) if the person is an employee, the day the person begins employment;
(B) if the person is an independent contractor, the day the person is first hired;
(C) if the person holds an ownership interest in the licensee, the day that person first engages
in an activity that would result in that person being required to complete an alcohol training and
education seminar; and
(ii) pay a fee:
(A) to the seminar provider; and
(B) that is equal to or greater than the amount established under Subsection (4)(h).
(c) Notwithstanding Subsection (2)(b)(i)(C), a person described in Subsection (2)(b)(i)(C)
shall complete an alcohol training and education seminar by no later than July 31, 2001, if as of May
1, 2001 the person:
(i) holds an ownership interest in the licensee; and
(ii) has engaged in an activity that would result in that person being required to complete an
alcohol training and education seminar.

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(3) (a) A licensee may not permit a person who is not in compliance with Subsection (2) to:
(i) serve or supervise the serving of alcoholic beverages to a customer for consumption on
the premises of the licensee; or
(ii) engage in any activity that would constitute managing operations at the premises of a
licensee.
(b) A licensee that violates Subsection (3)(a), is subject to Section 32A-1-401 .
(4) The division shall:
(a) (i) provide alcohol training and education seminars; or
(ii) certify one or more seminar providers;
(b) establish the curriculum for an alcohol training and education seminar that includes the
following subjects:
(i) (A) alcohol as a drug; and
(B) alcohol's effect on the body and behavior;
(ii) recognizing the problem drinker;
(iii) an overview of state alcohol laws related to responsible beverage service, as determined
in consultation with the Department of Alcoholic Beverage Control;
(iv) dealing with the problem customer, including ways to terminate service; and
(v) alternative means of transportation to get the customer safely home;
(c) recertify each seminar provider every three years;
(d) monitor compliance with the curriculum described in Subsection (4)(b);
(e) maintain for at least three years a record of every person who has completed an alcohol
training and education seminar;
(f) provide the information described in Subsection (4)(e) on request to:
(i) the Department of Alcoholic Beverage Control; or
(ii) law enforcement;
(g) provide the Department of Alcoholic Beverage Control on request a list of any seminar
provider certified by the division; and
(h) establish a fee amount for each person attending an alcohol training and education

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seminar that is sufficient to offset the division's cost of administering this section.
(5) The board shall by rule made in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act:
(a) define what constitutes under this section a person who:
(i) manages operations at the premises of a licensee;
(ii) supervises the serving of alcoholic beverages to a customer for consumption on the
premises of a licensee; or
(iii) serves alcoholic beverages to a customer for consumption on the premises of a licensee;
(b) establish criteria for certifying and recertifying a seminar provider; and
(c) establish guidelines for the manner in which an instructor provides an alcohol education
and training seminar.
(6) A seminar provider shall:
(a) obtain recertification by the division every three years;
(b) ensure that an instructor used by the seminar provider:
(i) follows the curriculum established under this section; and
(ii) conducts an alcohol training and education seminar in accordance with the guidelines
established by rule;
(c) ensure that any information provided by the seminar provider or instructor of a seminar
provider is consistent with:
(i) the curriculum established under this section; and
(ii) this section;
(d) provide the division with the names of all persons who complete an alcohol training and
education seminar provided by the seminar provider;
(e) collect a fee for each person attending an alcohol training and education seminar in
accordance with Subsection (2); and
(f) forward to the division the portion of the fee that is equal to the amount described in
Subsection (4)(h).
(7) (a) If after a hearing conducted in accordance with Title 63, Chapter 46b, Administrative

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Procedures Act, the division finds that a seminar provider violates this section or that an instructor
of the seminar provider violates this section, the division may:
(i) suspend the certification of the seminar provider for a period not to exceed 90 days;
(ii) revoke the certification of the seminar provider;
(iii) require the seminar provider to take corrective action regarding an instructor; or
(iv) prohibit the seminar provider from using an instructor until such time that the seminar
provider establishes to the satisfaction of the division that the instructor is in compliance with
Subsection (6)(b).
(b) The division may certify a seminar provider whose certification is revoked:
(i) no sooner than 90 days from the date the certification is revoked; and
(ii) if the seminar provider establishes to the satisfaction of the division that the seminar
provider will comply with this section.
Section 49. Section 62A-15-501 , which is renumbered from Section 62A-8-301 is
renumbered and amended to read:
Part 5. Programs for DUI Drivers
[62A-8-301]. 62A-15-501. DUI -- Legislative policy -- Rehabilitation treatment
and evaluation -- Use of victim impact panels.
The Legislature finds that drivers impaired by alcohol or drugs constitute a major problem
in this state and that the problem demands a comprehensive detection, intervention, education, and
treatment program including emergency services, outpatient treatment, detoxification, residential
care, inpatient care, diagnostic evaluation, medical and psychological care, social service care,
vocational rehabilitation, and career counseling through public and private agencies. It is the policy
of this state to provide those programs at the expense of persons convicted of driving while under
the influence of intoxicating liquor or drugs. It is also the policy of this state to utilize victim impact
panels to assist persons convicted of driving under the influence of intoxicating liquor or drugs to
gain a full understanding of the severity of their offense.
Section 50. Section 62A-15-502 , which is renumbered from Section 62A-8-302 is
renumbered and amended to read:

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[62A-8-302]. 62A-15-502. Penalty for DUI conviction -- Amounts.
(1) Courts of record and not of record may at sentencing assess against the defendant, in
addition to any fine, an amount that will fully compensate agencies that treat the defendant for their
costs in each case where a defendant is convicted of violating:
(a) Section 41-6-44 or 41-6-44.6 ;
(b) a criminal prohibition resulting from a plea bargain after an original charge of violating
Section 41-6-44 ; or
(c) an ordinance that complies with the requirements of Subsection 41-6-43 (1).
(2) The fee assessed shall be collected by the court or an entity appointed by the court.
Section 51. Section 62A-15-503 , which is renumbered from Section 62A-8-303 is
renumbered and amended to read:
[62A-8-303]. 62A-15-503. Assessments for DUI -- Use of money for
rehabilitation programs, including victim impact panels -- Rulemaking power granted.
(1) Assessments imposed under Section [ 62A-8-302 ] 62A-15-502 may, pursuant to court
order, either:
(a) be collected by the clerk of the court in which the person was convicted; or
(b) be paid directly to the licensed alcohol or drug treatment program. Those assessments
collected by the court shall either be:
(i) forwarded to the state treasurer for credit to a special account in the General Fund,
designated as the "Intoxicated Driver Rehabilitation Account"; or
(ii) forwarded to a special nonlapsing account created by the county treasurer of the county
in which the fee is collected.
(2) Proceeds of the accounts described in Subsection (1) shall be used exclusively for the
operation of licensed alcohol or drug rehabilitation programs and education, assessment, supervision,
and other activities related to and supporting the rehabilitation of persons convicted of driving while
under the influence of intoxicating liquor or drugs. A requirement of the rehabilitation program shall
be participation with a victim impact panel or program providing a forum for victims of alcohol or
drug related offenses and defendants to share experiences on the impact of alcohol or drug related

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incidents in their lives. The Division of Substance Abuse and Mental Health shall establish
guidelines to implement victim impact panels where, in the judgment of the licensed alcohol or drug
program, appropriate victims are available, and shall establish guidelines for other programs where
such victims are not available.
(3) None of the assessments shall be maintained for administrative costs by the division.
Section 52. Section 62A-15-504 , which is renumbered from Section 62A-8-304 is
renumbered and amended to read:
[62A-8-304]. 62A-15-504. Policy -- Alternatives to incarceration.
It is the policy of this state to provide adequate and appropriate health and social services as
alternatives to incarceration for public intoxication.
Section 53. Section 62A-15-601 , which is renumbered from Section 62A-12-201 is
renumbered and amended to read:
Part 6. Utah State Hospital and Other Mental Health Facilities
[62A-12-201]. 62A-15-601. Utah State Hospital.
The Utah State Hospital is established and located in Provo, in Utah county. For purposes
of this part it is referred to as the "state hospital."
Section 54. Section 62A-15-602 , which is renumbered from Section 62A-12-202 is
renumbered and amended to read:
[62A-12-202]. 62A-15-602. Definitions.
As used in this [chapter] part, Part 7, Commitment of Persons Under Age 18 to Division of
Substance Abuse and Mental Health, Part 8, Interstate Compact on Mental Health, Part 9, Utah
Forensic Mental Health Facility, and Part 10, Declaration for Mental Health Treatment:
(1) "Adult" means a person 18 years of age or older.
(2) "Commitment to the custody of a local mental health authority" means that an adult is
committed to the custody of the local mental health authority that governs the mental health
catchment area in which the proposed patient resides or is found.
(3) "Designated examiner" means a licensed physician, preferably a psychiatrist, designated
by the division as specially qualified by training or experience in the diagnosis of mental or related

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illness or another licensed mental health professional designated by the division as specially qualified
by training and at least five years' continual experience in the treatment of mental or related illness.
At least one designated examiner in any case shall be a licensed physician. No person who is the
applicant, or who signs the certification, under Section [ 62A-12-234 ] 62A-15-631 may be a
designated examiner in the same case.
(4) "Designee" means a physician who has responsibility for medical functions including
admission and discharge, an employee of a local mental health authority, or an employee of an
agency that has contracted with a local mental health authority to provide mental health services
under Section 17A-3-606 .
(5) "Institution" means a hospital, or a health facility licensed under the provisions of Section
26-21-9 .
(6) "Licensed physician" means an individual licensed under the laws of this state to practice
medicine, or a medical officer of the United States government while in this state in the performance
of official duties.
(7) "Local comprehensive community mental health center" means an agency or organization
that provides treatment and services to residents of a designated geographic area, operated by or
under contract with a local mental health authority, in compliance with state standards for local
comprehensive community mental health centers.
(8) "Mental illness" means a psychiatric disorder as defined by the current edition of the
Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric
Association which substantially impairs a person's mental, emotional, behavioral, or related
functioning.
(9) "Mental health facility" means the Utah State Hospital or other facility that provides
mental health services under contract with the division, a local mental health authority, or
organization that contracts with a local mental health authority.
(10) "Mental health officer" means an individual who is designated by a local mental health
authority as qualified by training and experience in the recognition and identification of mental
illness, to interact with and transport persons to any mental health facility.

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(11) "Patient" means an individual who has been temporarily placed in the custody of a local
mental health authority, or who has been committed to a local mental health authority either
voluntarily or by court order.
(12) "Treatment" means psychotherapy, medication, including the administration of
psychotropic medication, and other medical treatments that are generally accepted medical and
psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning
in the least restrictive environment.
Section 55. Section 62A-15-603 , which is renumbered from Section 62A-12-203 is
renumbered and amended to read:
[62A-12-203]. 62A-15-603. Administration of state hospital -- Division --
Authority.
(1) The administration of the state hospital is vested in the division where it shall function
and be administered as a part of the state's comprehensive mental health program and, to the fullest
extent possible, shall be coordinated with local mental health authority programs. When it becomes
feasible the board may direct that the hospital be decentralized and administered at the local level
by being integrated with, and becoming a part of, the community mental health services.
(2) The division shall succeed to all the powers, discharge all the duties, and perform all the
functions, duties, rights, and responsibilities pertaining to the state hospital which by law are
conferred upon it or required to be discharged or performed. However, the functions, powers, duties,
rights, and responsibilities of the division and of the board otherwise provided by law and by this
part apply.
(3) Supervision and administration of security responsibilities for the state hospital is vested
in the division. The executive director shall designate, as special function officers, individuals to
perform special security functions for the state hospital that require peace officer authority. These
special function officers may not become or be designated as members of the Public Safety
Retirement System.
(4) Directors of mental health facilities that house involuntary detainees or detainees
committed pursuant to judicial order may establish secure areas, as prescribed in Section 76-8-311.1 ,

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within the mental health facility for the detainees.
Section 56. Section 62A-15-604 , which is renumbered from Section 62A-12-204 is
renumbered and amended to read:
[62A-12-204]. 62A-15-604. Receipt of gift -- Transfer of persons from other
institutions.
(1) The division may take and hold by gift, devise, or bequest real and personal property
required for the use of the state hospital. With the approval of the governor it may convert that
property which is not suitable for its use into money or property that is suitable for that use.
(2) The state hospital is authorized to receive from any other institution within the
department any person committed to that institution, when a careful evaluation of the treatment
needs of the person and of the treatment programs available at the state hospital indicates that the
transfer would be in the interest of that person.
(3) (a) Notwithstanding the provisions of Subsection 62A-1-111 (10), the state hospital is
authorized to receive gifts, grants, devises, and donations and shall deposit them into an
interest-bearing restricted special revenue fund. The state treasurer may invest the fund and all
interest is to remain with the fund.
(b) Those gifts, grants, devises, donations, and the proceeds thereof shall be used by the
superintendent or his designee for the use and benefit of patients at the state hospital.
Section 57. Section 62A-15-605 , which is renumbered from Section 62A-12-204.5 is
renumbered and amended to read:
[62A-12-204.5]. 62A-15-605. Forensic Mental Health Coordinating Council --
Establishment and purpose.
(1) There is established the Forensic Mental Health Coordinating Council composed of the
following members:
(a) the director or the director's appointee;
(b) the superintendent of the state hospital or the superintendent's appointee;
(c) the executive director of the Department of Corrections or the executive director's
appointee;

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(d) a member of the Board of Pardons and Parole or its appointee;
(e) the attorney general or the attorney general's appointee;
(f) the director of the Division of Services for People with Disabilities or 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;
(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 Substance
Abuse and Mental Health or a local mental health authority, as appointed by the director of the
division;
(l) the executive director of the Governor's Council for People with Disabilities or the
director's appointee; and
(m) other persons as appointed by the members described in Subsections (1)(a) through (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 Coordinating Council is to:

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(a) advise the director regarding admissions to the state hospital of persons in the custody
of the Department of Corrections;
(b) develop policies for coordination between the division and the Department of
Corrections;
(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.
Section 58. Section 62A-15-605.5 , which is renumbered from Section 62A-12-204.6 is
renumbered and amended to read:
[62A-12-204.6]. 62A-15-605.5. 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
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;

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(b) the treatment programs available at the state hospital; and
(c) whether the inmate meets the requirements of Subsection [ 62A-12-209 ] 62A-15-610 (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 ] 62A-15-610 (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 ]
62A-15-610 (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
state hospital, the person's treatment needs have been met.
Section 59. Section 62A-15-606 , which is renumbered from Section 62A-12-205 is

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renumbered and amended to read:
[62A-12-205]. 62A-15-606. Board -- Rulemaking authority -- Administration by
division.
The board may make rules applying to the state hospital, to be enforced and administered by
the division.
Section 60. Section 62A-15-607 , which is renumbered from Section 62A-12-206 is
renumbered and amended to read:
[62A-12-206]. 62A-15-607. Responsibility for cost of care.
(1) The division shall estimate and determine, as nearly as possible, the actual expense per
annum of caring for and maintaining a patient in the state hospital, and that amount or portion of that
amount shall be assessed to and paid by the applicant, patient, spouse, parents, child or children who
are of sufficient financial ability to do so, or by the guardian of the patient who has funds of the
patient that may be used for that purpose.
(2) In addition to the expenses described in Subsection (1), parents are responsible for the
support of their child while the child is in the care of the state hospital pursuant to Title 78, Chapter
45, Uniform Civil Liability for Support Act, and Title 62A, Chapter 11, [Public Support of Children
Act] Recovery Services.
Section 61. Section 62A-15-608 , which is renumbered from Section 62A-12-207 is
renumbered and amended to read:
[62A-12-207]. 62A-15-608. Local mental health authority -- Supervision and
treatment of mentally ill persons.
(1) Each local mental health authority has responsibility for supervision and treatment of
mentally ill persons who have been committed to its custody under the provisions of this part,
whether residing in the state hospital or elsewhere.
(2) The division, in administering and supervising the security responsibilities of the state
hospital under its authority provided by Section [ 62A-12-203 ] 62A-15-603 , shall enforce Sections
[ 62A-12-222 ] 62A-15-620 through [ 62A-12-227 ] 62A-15-624 to the extent they pertain to the state
hospital.

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Section 62. Section 62A-15-609 , which is renumbered from Section 62A-12-208 is
renumbered and amended to read:
[62A-12-208]. 62A-15-609. Responsibility for education of school-aged children
at the hospital -- Responsibility for noninstructional services.
(1) The State Board of Education is responsible for the education of school-aged children
committed to the division.
(2) In order to fulfill its responsibility under Subsection (1), the board may contract with
local school districts or other appropriate agencies to provide educational and related administrative
services.
(3) Medical, residential, and other noninstructional services at the state hospital are the
responsibility of the division.
Section 63. Section 62A-15-610 , which is renumbered from Section 62A-12-209 is
renumbered and amended to read:
[62A-12-209]. 62A-15-610. 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

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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, Utah Code of Criminal Procedure;
and
(g) persons in the custody of the Department of Corrections, admitted in accordance with
Section [ 62A-12-204.6 ] 62A-15-605.5 , giving priority to those persons with severe mental disorders.
Section 64. Section 62A-15-611 , which is renumbered from Section 62A-12-209.5 is
renumbered and amended to read:
[62A-12-209.5]. 62A-15-611. Allocation of state hospital beds -- Formula.
(1) As used in this section:
(a) "Adult beds" means the total number of patient beds located in the adult general
psychiatric unit and the geriatric unit at the state hospital, as determined by the superintendent of the
state hospital.
(b) "Mental health catchment area" means a county or group of counties governed by a local
mental health authority.
(2) (a) The board shall establish by rule a formula to separately allocate to local mental
health authorities adult beds for persons who meet the requirements of Subsection [ 62A-12-209 ]
62A-15-610 (2)(a). Beginning on the effective date of this act and until June 30, 2002, one hundred
eighty two beds shall be allocated to local mental health authorities under this section.
(b) The number of beds shall be reviewed and adjusted as necessary:
(i) on July 1, 2002, to restore the number of beds allocated to 212 beds as funding permits;
and
(ii) every three years thereafter according to the state's population.
(c) All population figures utilized shall reflect the most recent available population estimates
from the Utah Population Estimates Committee.
(3) The formula established under Subsection (2) shall provide for allocation of beds based
on:

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(a) the percentage of the state's adult population located within a mental health catchment
area; and
(b) a differential to compensate for the additional demand for hospital beds in mental health
catchment areas that are located in urban areas.
(4) A local mental health authority may sell or loan its allocation of beds to another local
mental health authority.
(5) The division shall allocate adult beds at the state hospital to local mental health
authorities for their use in accordance with the formula established under this section. If a local
mental health authority is unable to access a bed allocated to it under the formula established under
Subsection (2), the division shall provide that local mental health authority with funding equal to the
reasonable, average daily cost of an acute care bed purchased by the local mental health authority.
(6) The board shall periodically review and make changes in the formula established under
Subsection (2) as necessary to accurately reflect changes in population.
Section 65. Section 62A-15-612 , which is renumbered from Section 62A-12-209.6 is
renumbered and amended to read:
[62A-12-209.6]. 62A-15-612. Allocation of pediatric state hospital beds -- Formula.
(1) As used in this section:
(a) "Pediatric beds" means the total number of patient beds located in the children's unit and
the youth units at the state hospital, as determined by the superintendent of the state hospital.
(b) "Mental health catchment area" means a county or group of counties governed by a local
mental health authority.
(2) The board shall establish by rule a formula to separately allocate to local mental health
authorities pediatric beds for persons who meet the requirements of Subsection [ 62A-12-209 ]
62A-15-610 (2)(b). On July 1, 1996, 72 pediatric beds shall be allocated to local mental health
authorities under this section. That number shall be reviewed and adjusted as necessary every three
years according to the state's population of persons under 18 years of age. All population figures
utilized shall reflect the most recent available population estimates from the governor's Office of
Planning and Budget.

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(3) The formula established under Subsection (2) becomes effective on July 1, 1996, and
shall provide for allocation of beds based on the percentage of the state's population of persons under
the age of 18 located within a mental health catchment area. Each community mental health center
shall be allocated at least one bed.
(4) A local mental health authority may sell or loan its allocation of beds to another local
mental health authority.
(5) The division shall allocate 72 pediatric beds at the state hospital to local mental health
authorities for their use in accordance with the formula established under this section. If a local
mental health authority is unable to access a bed allocated to it under that formula, the division shall
provide that local mental health authority with funding equal to the reasonable, average daily cost
of an acute care bed purchased by the local mental health authority.
(6) The board shall periodically review and make changes in the formula established under
Subsection (2) as necessary to accurately reflect changes in the state's population.
Section 66. Section 62A-15-613 , which is renumbered from Section 62A-12-210 is
renumbered and amended to read:
[62A-12-210]. 62A-15-613. Appointment of superintendent -- Qualifications --
Powers and responsibilities.
(1) The director, with the advice and consent of the board and the approval of the executive
director, shall appoint a superintendent of the state hospital, who shall hold office at the will of the
director.
(2) The superintendent shall have a bachelor's degree from an accredited university or
college, be experienced in administration, and be knowledgeable in matters concerning mental
health.
(3) Subject to the rules of the board, the superintendent has general responsibility for the
buildings, grounds, and property of the state hospital. The superintendent shall appoint, with the
approval of the director, as many employees as necessary for the efficient and economical care and
management of the state hospital, and shall fix their compensation and administer personnel
functions according to the standards of the Department of Human Resource Management.

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Section 67. Section 62A-15-614 , which is renumbered from Section 62A-12-212 is
renumbered and amended to read:
[62A-12-212]. 62A-15-614. Clinical director -- Appointment -- Conditions and
procedure -- Duties.
(1) Whenever the superintendent is not qualified to be the clinical director of the state
hospital under this section, he shall, with the approval of the director of the division, appoint a
clinical director who is licensed to practice medicine and surgery in this state, and who has had at
least three years' training in a psychiatric residency program approved by the American Board of
Psychiatry and Neurology, Inc., and who is eligible for certification by that board.
(2) The salary of the clinical director of the state hospital shall be fixed by the standards of
the Division of Finance, to be paid in the same manner as the salaries of other employees. The
clinical director shall perform such duties as directed by the superintendent and prescribed by the
rules of the board, and shall prescribe and direct the treatment of patients and adopt sanitary
measures for their welfare.
(3) If the superintendent is qualified to be the clinical director, he may assume the duties
of the clinical director.
Section 68. Section 62A-15-615 , which is renumbered from Section 62A-12-214 is
renumbered and amended to read:
[62A-12-214]. 62A-15-615. Forms.
The division shall furnish the clerks of the district courts with forms, blanks, warrants, and
certificates, to enable the district court judges, with regularity and facility, to comply with the
provisions of this chapter.
Section 69. Section 62A-15-616 , which is renumbered from Section 62A-12-215 is
renumbered and amended to read:
[62A-12-215]. 62A-15-616. Persons entering state mentally ill.
(1) A person who enters this state while mentally ill may be returned by a local mental health
authority to the home of relatives or friends of that mentally ill person, if known, or to a hospital in
the state where that mentally ill person is domiciled, in accordance with Title 62A, Chapter [12] 15,

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Part [3] 8, Interstate Compact on Mental Health.
(2) This section does not prevent commitment of persons who are traveling through or
temporarily residing in this state.
Section 70. Section 62A-15-617 , which is renumbered from Section 62A-12-216 is
renumbered and amended to read:
[62A-12-216]. 62A-15-617. Expenses of voluntary patients.
The expense for the care and treatment of voluntary patients shall be assessed to and paid in
the same manner and to the same extent as is provided for involuntary patients under the provisions
of Section [ 62A-12-206 ] 62A-15-607 .
Section 71. Section 62A-15-618 , which is renumbered from Section 62A-12-217 is
renumbered and amended to read:
[62A-12-217]. 62A-15-618. Designated examiners -- Fees.
Designated examiners shall be allowed a reasonable fee by the county legislative body of the
county in which the proposed patient resides or is found, unless they are otherwise paid.
Section 72. Section 62A-15-619 , which is renumbered from Section 62A-12-219 is
renumbered and amended to read:
[62A-12-219]. 62A-15-619. Liability of estate of mentally ill person.
The provisions made in this part for the support of mentally ill persons at public expense do
not release the estates of those persons from liability for their care and treatment, and the division
is authorized and empowered to collect from the estates of those persons any sums paid by the state
in their behalf.
Section 73. Section 62A-15-620 , which is renumbered from Section 62A-12-222 is
renumbered and amended to read:
[62A-12-222]. 62A-15-620. Attempt to commit person contrary to requirements
-- Penalty.
Any person who attempts to place another person in the custody of a local mental health
authority contrary to the provisions of this part is guilty of a class B misdemeanor, in addition to
liability in an action for damages, or subject to other criminal charges.

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Section 74. Section 62A-15-621 , which is renumbered from Section 62A-12-224 is
renumbered and amended to read:
[62A-12-224]. 62A-15-621. Trespass -- Disturbance -- Penalty.
Any person who, without permission, enters any of the buildings or enclosures appropriated
to the use of patients, or makes any attempt to do so, or enters anywhere upon the premises
belonging to or used by the division, a local mental health authority, or the state hospital and
commits, or attempts to commit, any trespass or depredation thereon, or any person who, either from
within or without the enclosures, willfully annoys or disturbs the peace or quiet of the premises or
of any patient therein, is guilty of a class B misdemeanor.
Section 75. Section 62A-15-622 , which is renumbered from Section 62A-12-225 is
renumbered and amended to read:
[62A-12-225]. 62A-15-622. Abduction of patient -- Penalty.
Any person who abducts a patient who is in the custody of a local mental health authority,
or induces any patient to elope or escape from that custody, or attempts to do so, or aids or assists
therein, is guilty of a class B misdemeanor, in addition to liability for damages, or subject to other
criminal charges.
Section 76. Section 62A-15-623 , which is renumbered from Section 62A-12-226 is
renumbered and amended to read:
[62A-12-226]. 62A-15-623. Criminal's escape -- Penalty.
Any person committed to the state hospital under the provisions of Title 77, Chapter 15,
Inquiry into Sanity of Defendant, or Chapter 16, Mental Examination after Conviction, who escapes
or leaves the state hospital without proper legal authority is guilty of a class A misdemeanor.
Section 77. Section 62A-15-624 , which is renumbered from Section 62A-12-227 is
renumbered and amended to read:
[62A-12-227]. 62A-15-624. Violations of this part -- Penalty.
Any person who willfully and knowingly violates any provision of this part, except where
another penalty is provided by law, is guilty of a class C misdemeanor.
Section 78. Section 62A-15-625 , which is renumbered from Section 62A-12-228 is

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renumbered and amended to read:
[62A-12-228]. 62A-15-625. Voluntary admission of adults.
(1) A local mental health authority or its designee may admit to that authority, for
observation, diagnosis, care, and treatment any individual who is mentally ill or has symptoms of
mental illness and who, being 18 years of age or older, applies for voluntary admission.
(2) (a) No adult may be committed or continue to be committed to a local mental health
authority against his will except as provided in this chapter.
(b) No person under 18 years of age may be committed to a local mental health authority,
but may be committed to the division in accordance with the provisions of Part [2A] 7.
(3) An adult may be voluntarily admitted to a local mental health authority for treatment at
the Utah State Hospital as a condition of probation or stay of sentence only after the requirements
of Subsection 77-18-1 [(14)] (13) have been met.
Section 79. Section 62A-15-626 , which is renumbered from Section 62A-12-229 is
renumbered and amended to read:
[62A-12-229]. 62A-15-626. Release from commitment.
(1) A local mental health authority or its designee shall release from commitment any person
who, in the opinion of the local mental health authority or its designee, has recovered or no longer
meets the criteria specified in Section [ 62A-12-234 ] 62A-15-631 .
(2) A local mental health authority or its designee may release from commitment any patient
whose commitment is determined to be no longer advisable except as provided by Section
78-3a-121 , but an effort shall be made to assure that any further supportive services required to meet
the patient's needs upon release will be provided.
(3) When a patient has been committed to a local mental health authority by judicial process,
the local mental health authority shall follow the procedures described in Sections [ 62A-12-240 ]
62A-15-636 and [ 62A-12-241 ] 62A-15-637 .
Section 80. Section 62A-15-627 , which is renumbered from Section 62A-12-230 is
renumbered and amended to read:
[62A-12-230]. 62A-15-627. Release of voluntary patient -- Exceptions.

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A voluntary patient who requests release, or whose release is requested in writing by his legal
guardian, parent, spouse, or adult next of kin, shall be immediately released except that:
(1) if the patient was voluntarily admitted on his own application, and the request for release
is made by a person other than the patient, release may be conditioned upon the agreement of the
patient; and
(2) if a local mental health authority, or its designee is of the opinion that release of a patient
would be unsafe for that patient or others, release of that patient may be postponed for up to 48
hours, excluding weekends and holidays, provided that the local mental health authority, or its
designee, shall cause to be instituted involuntary commitment proceedings with the district court
within the specified time period, unless cause no longer exists for instituting those proceedings.
Written notice of that postponement with the reasons, shall be given to the patient without undue
delay. No judicial proceedings may be commenced with respect to a voluntary patient unless he has
requested release.
Section 81. Section 62A-15-628 , which is renumbered from Section 62A-12-231 is
renumbered and amended to read:
[62A-12-231]. 62A-15-628. Involuntary commitment -- Procedures.
(1) An adult may not be involuntarily committed to the custody of a local mental health
authority except under the following provisions:
(a) emergency procedures for temporary commitment upon medical or designated examiner
certification, as provided in Subsection [ 62A-12-232 ] 62A-15-629 (1);
(b) emergency procedures for temporary commitment without endorsement of medical or
designated examiner certification, as provided in Subsection [ 62A-12-232 ] 62A-15-629 (2); or
(c) commitment on court order, as provided in Section [ 62A-12-234 ] 62A-15-631 .
(2) A person under 18 years of age may not be committed to a local mental health authority,
but may be committed to the division in accordance with the provisions of Part [2A] 7.
Section 82. Section 62A-15-629 , which is renumbered from Section 62A-12-232 is
renumbered and amended to read:
[62A-12-232]. 62A-15-629. Temporary commitment -- Requirements and

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procedures.
(1) (a) An adult may be temporarily, involuntarily committed to a local mental health
authority upon:
(i) written application by a responsible person who has reason to know, stating a belief that
the individual is likely to cause serious injury to himself or others if not immediately restrained, and
stating the personal knowledge of the individual's condition or circumstances which lead to that
belief; and
(ii) a certification by a licensed physician or designated examiner stating that the physician
or designated examiner has examined the individual within a three-day period immediately preceding
that certification, and that he is of the opinion that the individual is mentally ill and, because of his
mental illness, is likely to injure himself or others if not immediately restrained.
(b) Application and certification as described in Subsection (1)(a) authorizes any peace
officer to take the individual into the custody of a local mental health authority and transport the
individual to that authority's designated facility.
(2) If a duly authorized peace officer observes a person involved in conduct that gives the
officer probable cause to believe that the person is mentally ill, as defined in Section [ 62A-12-202 ]
62A-15-602 , and because of that apparent mental illness and conduct, there is a substantial
likelihood of serious harm to that person or others, pending proceedings for examination and
certification under this part, the officer may take that person into protective custody. The peace
officer shall transport the person to be transported to the designated facility of the appropriate local
mental health authority pursuant to this section, either on the basis of his own observation or on the
basis of a mental health officer's observation that has been reported to him by that mental health
officer. Immediately thereafter, the officer shall place the person in the custody of the local mental
health authority and make application for commitment of that person to the local mental health
authority. The application shall be on a prescribed form and shall include the following:
(a) a statement by the officer that he believes, on the basis of personal observation or on the
basis of a mental health officer's observation reported to him by the mental health officer, that the
person is, as a result of a mental illness, a substantial and immediate danger to himself or others;

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(b) the specific nature of the danger;
(c) a summary of the observations upon which the statement of danger is based; and
(d) a statement of facts which called the person to the attention of the officer.
(3) A person committed under this section may be held for a maximum of 24 hours,
excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, the person
shall be released unless application for involuntary commitment has been commenced pursuant to
Section [ 62A-12-234 ] 62A-15-631 . If that application has been made, an order of detention may be
entered under Subsection [ 62A-12-234 ] 62A-15-631 (3). If no order of detention is issued, the
patient shall be released unless he has made voluntary application for admission.
(4) Transportation of mentally ill persons pursuant to Subsections (1) and (2) shall be
conducted by the appropriate municipal, or city or town, law enforcement authority or, under the
appropriate law enforcement's authority, by ambulance to the extent that Subsection (5) applies.
However, if the designated facility is outside of that authority's jurisdiction, the appropriate county
sheriff shall transport the person or cause the person to be transported by ambulance to the extent
that Subsection (5) applies.
(5) Notwithstanding Subsections (2) and (4), a peace officer shall cause a person to be
transported by ambulance if the person meets any of the criteria in Section 26-8a-305 . In addition,
if the person requires physical medical attention, the peace officer shall direct that transportation be
to an appropriate medical facility for treatment.
Section 83. Section 62A-15-630 , which is renumbered from Section 62A-12-233 is
renumbered and amended to read:
[62A-12-233]. 62A-15-630. Mental health commissioners.
The court may appoint a mental health commissioner to assist in conducting commitment
proceedings in accordance with Section 78-3-31 .
Section 84. Section 62A-15-631 , which is renumbered from Section 62A-12-234 is
renumbered and amended to read:
[62A-12-234]. 62A-15-631. Involuntary commitment under court order --
Examination -- Hearing -- Power of court -- Findings required -- Costs.

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(1) Proceedings for involuntary commitment of an individual who is 18 years of age or older
may be commenced by filing a written application with the district court of the county in which the
proposed patient resides or is found, by a responsible person who has reason to know of the
condition or circumstances of the proposed patient which lead to the belief that the individual is
mentally ill and should be involuntarily committed. That application shall be accompanied by:
(a) a certificate of a licensed physician or a designated examiner stating that within a
seven-day period immediately preceding the certification the physician or designated examiner has
examined the individual, and that he is of the opinion that the individual is mentally ill and should
be involuntarily committed; or
(b) a written statement by the applicant that the individual has been requested to but has
refused to submit to an examination of mental condition by a licensed physician or designated
examiner. That application shall be sworn to under oath and shall state the facts upon which the
application is based.
(2) Prior to issuing a judicial order, the court may require the applicant to consult with the
appropriate local mental health authority, or may direct a mental health professional from that local
mental health authority to interview the applicant and the proposed patient to determine the existing
facts and report them to the court.
(3) If the court finds from the application, from any other statements under oath, or from any
reports from a mental health professional that there is a reasonable basis to believe that the proposed
patient's mental condition and immediate danger to himself, others, or property requires involuntary
commitment pending examination and hearing; or, if the proposed patient has refused to submit to
an interview with a mental health professional as directed by the court or to go to a treatment facility
voluntarily, the court may issue an order, directed to a mental health officer or peace officer, to
immediately place the proposed patient in the custody of a local mental health authority or in a
temporary emergency facility as provided in Section [ 62A-12-237 ] 62A-15-634 to be detained for
the purpose of examination. Within 24 hours of the issuance of the order for examination, a local
mental health authority or its designee shall report to the court, orally or in writing, whether the
patient is, in the opinion of the examiners, mentally ill, whether the patient has agreed to become a

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voluntary patient under Section [ 62A-12-228 ] 62A-15-625 , and whether treatment programs are
available and acceptable without court proceedings. Based on that information, the court may,
without taking any further action, terminate the proceedings and dismiss the application. In any
event, if the examiner reports orally, he shall immediately send the report in writing to the clerk of
the court.
(4) Notice of commencement of proceedings for involuntary commitment, setting forth the
allegations of the application and any reported facts, together with a copy of any official order of
detention, shall be provided by the court to a proposed patient prior to, or upon, placement in the
custody of a local mental health authority or, with respect to any individual presently in the custody
of a local mental health authority whose status is being changed from voluntary to involuntary, upon
the filing of an application for that purpose with the court. A copy of that order of detention shall
be maintained at the place of detention.
(5) Notice of commencement of those proceedings shall be provided by the court as soon
as practicable to the applicant, any legal guardian, any immediate adult family members, legal
counsel for the parties involved, and any other persons whom the proposed patient or the court shall
designate. That notice shall advise those persons that a hearing may be held within the time provided
by law. If the patient has refused to permit release of information necessary for provisions of notice
under this subsection, the extent of notice shall be determined by the court.
(6) Proceedings for commitment of an individual under the age of 18 years to the division
may be commenced by filing a written application with the juvenile court in accordance with the
provisions of Part [2A] 7.
(7) The district court may, in its discretion, transfer the case to any other district court within
this state, provided that the transfer will not be adverse to the interest of the proposed patient.
(8) (a) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
of a judicial order, or after commitment of a proposed patient to a local mental health authority
under court order for detention or examination, the court shall appoint two designated examiners to
examine the proposed patient. If requested by the proposed patient's counsel, the court shall appoint,
as one of the examiners, a reasonably available qualified person designated by counsel. The

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examinations, to be conducted separately, shall be held at the home of the proposed patient, a
hospital or other medical facility, or at any other suitable place that is not likely to have a harmful
effect on the patient's health.
(b) A time shall be set for a hearing to be held within ten court days of the appointment of
the designated examiners, unless those examiners or a local mental health authority or its designee
informs the court prior to that hearing date that the patient is not mentally ill, that he has agreed to
become a voluntary patient under Section [ 62A-12-228 ] 62A-15-625 , or that treatment programs
are available and acceptable without court proceedings, in which event the court may, without taking
any further action, terminate the proceedings and dismiss the application.
(9) (a) Prior to the hearing, an opportunity to be represented by counsel shall be afforded to
every proposed patient, and if neither the patient nor others provide counsel, the court shall appoint
counsel and allow him sufficient time to consult with the patient prior to the hearing. In the case of
an indigent patient, the payment of reasonable attorneys' fees for counsel, as determined by the court,
shall be made by the county in which the patient resides or was found.
(b) The proposed patient, the applicant, and all other persons to whom notice is required to
be given shall be afforded an opportunity to appear at the hearing, to testify, and to present and
cross-examine witnesses. The court may, in its discretion, receive the testimony of any other person.
The court may allow a waiver of the patient's right to appear only for good cause shown, and that
cause shall be made a matter of court record.
(c) The court is authorized to exclude all persons not necessary for the conduct of the
proceedings and may, upon motion of counsel, require the testimony of each examiner to be given
out of the presence of any other examiners.
(d) The hearing shall be conducted in as informal a manner as may be consistent with orderly
procedure, and in a physical setting that is not likely to have a harmful effect on the mental health
of the proposed patient.
(e) The court shall receive all relevant and material evidence which is offered, subject to the
rules of evidence.
(f) A local mental health authority or its designee, or the physician in charge of the patient's

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care shall, at the time of the hearing, provide the court with the following information:
(i) the detention order;
(ii) admission notes;
(iii) the diagnosis;
(iv) any doctors' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records pertaining to the current commitment.
That information shall also be supplied to the patient's counsel at the time of the hearing, and
at any time prior to the hearing upon request.
(10) The court shall order commitment of an individual who is 18 years of age or older to
a local mental health authority if, upon completion of the hearing and consideration of the record,
the court finds by clear and convincing evidence that:
(a) the proposed patient has a mental illness;
(b) because of the proposed patient's mental illness he poses an immediate danger of physical
injury to others or himself, which may include the inability to provide the basic necessities of life
such as food, clothing, and shelter, if allowed to remain at liberty;
(c) the patient lacks the ability to engage in a rational decision-making process regarding the
acceptance of mental treatment as demonstrated by evidence of inability to weigh the possible costs
and benefits of treatment;
(d) there is no appropriate less-restrictive alternative to a court order of commitment; and
(e) the local mental health authority can provide the individual with treatment that is
adequate and appropriate to his conditions and needs. In the absence of the required findings of the
court after the hearing, the court shall forthwith dismiss the proceedings.
(11) (a) The order of commitment shall designate the period for which the individual shall
be treated. When the individual is not under an order of commitment at the time of the hearing, that
period may not exceed six months without benefit of a review hearing. Upon such a review hearing,
to be commenced prior to the expiration of the previous order, an order for commitment may be for

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an indeterminate period, if the court finds by clear and convincing evidence that the required
conditions in Subsection (10) will last for an indeterminate period.
(b) The court shall maintain a current list of all patients under its order of commitment. That
list shall be reviewed to determine those patients who have been under an order of commitment for
the designated period. At least two weeks prior to the expiration of the designated period of any
order of commitment still in effect, the court that entered the original order shall inform the
appropriate local mental health authority or its designee. The local mental health authority or its
designee shall immediately reexamine the reasons upon which the order of commitment was based.
If the local mental health authority or its designee determines that the conditions justifying that
commitment no longer exist, it shall discharge the patient from involuntary commitment and
immediately report that to the court. Otherwise, the court shall immediately appoint two designated
examiners and proceed under Subsections (8) through (10).
(c) The local mental health authority or its designee responsible for the care of a patient
under an order of commitment for an indeterminate period, shall at six-month intervals reexamine
the reasons upon which the order of indeterminate commitment was based. If the local mental health
authority or its designee determines that the conditions justifying that commitment no longer exist,
that local mental health authority or its designee shall discharge the patient from its custody and
immediately report the discharge to the court. If the local mental health authority or its designee
determines that the conditions justifying that commitment continue to exist, the local mental health
authority or its designee shall send a written report of those findings to the court. The patient and
his counsel of record shall be notified in writing that the involuntary commitment will be continued,
the reasons for that decision, and that the patient has the right to a review hearing by making a
request to the court. Upon receiving the request, the court shall immediately appoint two designated
examiners and proceed under Subsections (8) through (10).
(12) In the event that the designated examiners are unable, because a proposed patient
refuses to submit to an examination, to complete that examination on the first attempt, the court shall
fix a reasonable compensation to be paid to those designated examiners for their services.
(13) Any person committed as a result of an original hearing or a person's legally designated

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representative who is aggrieved by the findings, conclusions, and order of the court entered in the
original hearing has the right to a new hearing upon a petition filed with the court within 30 days of
the entry of the court order. The petition must allege error or mistake in the findings, in which case
the court shall appoint three impartial designated examiners previously unrelated to the case to
conduct an additional examination of the patient. The new hearing shall, in all other respects, be
conducted in the manner otherwise permitted.
(14) Costs of all proceedings under this section shall be paid by the county in which the
proposed patient resides or is found.
Section 85. Section 62A-15-632 , which is renumbered from Section 62A-12-235 is
renumbered and amended to read:
[62A-12-235]. 62A-15-632. Circumstances under which conditions justifying
initial involuntary commitment shall be considered to continue to exist.
(1) After a person has been involuntarily committed to the custody of a local mental health
authority under Subsection [ 62A-12-234 ] 62A-15-631 (10), the conditions justifying commitment
under that subsection shall be considered to continue to exist, for purposes of continued treatment
under Subsection [ 62A-12-234 ] 62A-15-631 (11) or conditional release under Section [ 62A-12-241 ]
62A-15-637 , if the court finds that the patient is still mentally ill, and that absent an order of
involuntary commitment and without continued treatment he will suffer severe and abnormal mental
and emotional distress as indicated by recent past history, and will experience deterioration in his
ability to function in the least restrictive environment, thereby making him a substantial danger to
himself or others.
(2) A patient whose treatment is continued or who is conditionally released under the terms
of this section, shall be maintained in the least restrictive environment available which can provide
him with the treatment that is adequate and appropriate.
Section 86. Section 62A-15-633 , which is renumbered from Section 62A-12-236 is
renumbered and amended to read:
[62A-12-236]. 62A-15-633. Persons eligible for care or treatment by federal
agency -- Continuing jurisdiction of state courts.

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(1) If an individual committed pursuant to Section [ 62A-12-234 ] 62A-15-631 is eligible for
care or treatment by any agency of the United States, the court, upon receipt of a certificate from a
United States agency, showing that facilities are available and that the individual is eligible for care
or treatment therein, may order the individual to be placed in the custody of that agency for care.
(2) When admitted to any facility or institution operated by a United States agency, within
or without this state, the individual shall be subject to the rules and regulations of that agency.
(3) The chief officer of any facility or institution operated by a United States agency and in
which the individual is hospitalized, shall, with respect to that individual, be vested with the same
powers as the superintendent or director of a mental health facility, regarding detention, custody,
transfer, conditional release, or discharge of patients. Jurisdiction is retained in appropriate courts
of this state at any time to inquire into the mental condition of an individual so hospitalized, and to
determine the necessity for continuance of hospitalization, and every order of hospitalization issued
pursuant to this section is so conditioned.
Section 87. Section 62A-15-634 , which is renumbered from Section 62A-12-237 is
renumbered and amended to read:
[62A-12-237]. 62A-15-634. Detention pending placement in custody.
Pending commitment to a local mental health authority, a patient taken into custody or
ordered to be committed pursuant to this part may be detained in the patient's home, a licensed foster
home, or any other suitable facility under reasonable conditions prescribed by the local mental
health authority. Except in an extreme emergency, the patient may not be detained in a nonmedical
facility used for the detention of individuals charged with or convicted of criminal offenses. The
local mental health authority shall take reasonable measures, including provision of medical care,
as may be necessary to assure proper care of an individual temporarily detained pursuant to this
section.
Section 88. Section 62A-15-635 , which is renumbered from Section 62A-12-238 is
renumbered and amended to read:
[62A-12-238]. 62A-15-635. Notice of commitment.
Whenever a patient has been temporarily, involuntarily committed to a local mental health

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authority pursuant to Section [ 62A-12-232 ] 62A-15-629 on the application of any person other than
his legal guardian, spouse, or next of kin, the local mental health authority or its designee shall
immediately notify the patient's legal guardian, spouse, or next of kin, if known.
Section 89. Section 62A-15-636 , which is renumbered from Section 62A-12-240 is
renumbered and amended to read:
[62A-12-240]. 62A-15-636. Periodic review -- Discharge.
Each local mental health authority or its designee shall, as frequently as practicable, examine
or cause to be examined every person who has been committed to it. Whenever the local mental
health authority or its designee determines that the conditions justifying involuntary commitment no
longer exist, it shall discharge the patient. If the patient has been committed through judicial
proceedings, a report describing that determination shall be sent to the clerk of the court where the
proceedings were held.
Section 90. Section 62A-15-637 , which is renumbered from Section 62A-12-241 is
renumbered and amended to read:
[62A-12-241]. 62A-15-637. Release of patient to receive other treatment --
Placement in more restrictive environment -- Procedures.
(1) A local mental health authority or its designee may release an improved patient to less
restrictive treatment as it may specify, and when agreed to in writing by the patient. Whenever a
local mental health authority or its designee determines that the conditions justifying commitment
no longer exist, the patient shall be discharged. If the patient has been committed through judicial
proceedings, a report describing that determination shall be sent to the clerk of the court where the
proceedings were held.
(2) (a) A local mental health authority or its designee is authorized to issue an order for the
immediate placement of a patient not previously released from an order of commitment into a more
restrictive environment, if the local mental health authority or its designee has reason to believe that
the less restrictive environment in which the patient has been placed is aggravating the patient's
mental illness as defined in Subsection [ 62A-12-234 ] 62A-15-631 (10), or that the patient has failed
to comply with the specified treatment plan to which he had agreed in writing.

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(b) That order shall include the reasons therefor and shall authorize any peace officer to take
the patient into physical custody and transport him to a facility designated by the division. Prior to
or upon admission to the more restrictive environment, or upon imposition of additional or different
requirements as conditions for continued release from inpatient care, copies of the order shall be
personally delivered to the patient and sent to the person in whose care the patient is placed. The
order shall also be sent to the patient's counsel of record and to the court that entered the original
order of commitment. The order shall inform the patient of the right to a hearing, as prescribed in
this section, the right to appointed counsel, and the other procedures prescribed in Subsection
[ 62A-12-234 ] 62A-15-631 (9).
(c) If the patient has been in the less restrictive environment for more than 30 days and is
aggrieved by the change to a more restrictive environment, the patient or his representative may
request a hearing within 30 days of the change. Upon receiving the request, the court shall
immediately appoint two designated examiners and proceed pursuant to Section [ 62A-12-234 ]
62A-15-631 , with the exception of Subsection [ 62A-12-234 ] 62A-15-631 (10), unless, by the time
set for the hearing, the patient has again been placed in the less restrictive environment, or the patient
has in writing withdrawn his request for a hearing.
(3) The court shall find that either:
(a) the less restrictive environment in which the patient has been placed is aggravating the
patient's dangerousness or mental illness as defined in Subsection [ 62A-12-234 ] 62A-15-631 (10),
or the patient has failed to comply with a specified treatment plan to which he had agreed in writing;
or
(b) the less restrictive environment in which the patient has been placed is not aggravating
the patient's mental illness or dangerousness, and the patient has not failed to comply with any
specified treatment plan to which he had agreed in writing, in which event the order shall designate
that the individual shall be placed and treated in a less restrictive environment appropriate for his
needs.
(4) The order shall also designate the period for which the individual shall be treated, in no
event to extend beyond expiration of the original order of commitment.

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(5) Nothing contained in this section prevents a local mental health authority or its designee,
pursuant to Section [ 62A-12-240 ] 62A-15-636 , from discharging a patient from commitment or from
placing a patient in an environment that is less restrictive than that ordered by the court.
Section 91. Section 62A-15-638 , which is renumbered from Section 62A-12-242 is
renumbered and amended to read:
[62A-12-242]. 62A-15-638. Reexamination of court order for commitment --
Procedures -- Costs.
(1) Any patient committed pursuant to Section [ 62A-12-234 ] 62A-15-631 is entitled to a
reexamination of the order for commitment on the patient's own petition, or on that of the legal
guardian, parent, spouse, relative, or friend, to the district court of the county in which the patient
resides or is detained.
(2) Upon receipt of the petition, the court shall conduct or cause to be conducted by a mental
health commissioner proceedings in accordance with Section [ 62A-12-234 ] 62A-15-631 , except that
those proceedings shall not be required to be conducted if the petition is filed sooner than six months
after the issuance of the order of commitment or the filing of a previous petition under this section,
provided that the court may hold a hearing within a shorter period of time if good cause appears.
The costs of proceedings for such judicial determination shall be paid by the county in which the
patient resided or was found prior to commitment, upon certification, by the clerk of the district court
in the county where the proceedings are held, to the county legislative body that those proceedings
were held and the costs incurred.
Section 92. Section 62A-15-639 , which is renumbered from Section 62A-12-243 is
renumbered and amended to read:
[62A-12-243]. 62A-15-639. Standards for care and treatment.
Every patient is entitled to humane care and treatment and to medical care and treatment in
accordance with the prevailing standards accepted in medical practice, psychiatric nursing practice,
social work practice, and the practice of clinical psychology.
Section 93. Section 62A-15-640 , which is renumbered from Section 62A-12-244 is
renumbered and amended to read:

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[62A-12-244]. 62A-15-640. Mechanical restraints and medication -- Clinical
record.
(1) Mechanical restraints may not be applied to a patient unless it is determined by the
director or his designee to be required by the needs of the patient. Every use of a mechanical
restraint and the reasons therefor shall be made a part of the patient's clinical record, under the
signature of the director or his designee, and shall be reviewed regularly.
(2) In no event shall medication be prescribed for a patient unless it is determined by a
physician to be required by the patient's medical needs. Every use of a medication and the reasons
therefor shall be made a part of the patient's clinical record.
Section 94. Section 62A-15-641 , which is renumbered from Section 62A-12-245 is
renumbered and amended to read:
[62A-12-245]. 62A-15-641. Restrictions and limitations -- Civil rights and
privileges.
(1) Subject to the general rules of the division, and except to the extent that the director or
his designee determines that it is necessary for the welfare of the patient to impose restrictions, every
patient is entitled to:
(a) communicate, by sealed mail or otherwise, with persons, including official agencies,
inside or outside the facility;
(b) receive visitors; and
(c) exercise all civil rights, including the right to dispose of property, execute instruments,
make purchases, enter contractual relationships, and vote, unless the patient has been adjudicated
to be incompetent and has not been restored to legal capacity.
(2) When any right of a patient is limited or denied, the nature, extent, and reason for that
limitation or denial shall be entered in the patient's treatment record. Any continuing denial or
limitation shall be reviewed every 30 days and shall also be entered in that treatment record. Notice
of that continuing denial in excess of 30 days shall be sent to the division or to the appropriate local
mental health authority.
(3) Notwithstanding any limitations authorized under this section on the right of

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communication, each patient is entitled to communicate by sealed mail with the appropriate local
mental health authority, the division, his attorney, and the court, if any, that ordered his commitment.
In no case may the patient be denied a visit with the legal counsel or clergy of the patient's choice.
(4) Local mental health authorities shall provide reasonable means and arrangements for
informing involuntary patients of their right to release as provided in this chapter, and for assisting
them in making and presenting requests for release.
(5) Mental health facilities shall post a statement, promulgated by the division, describing
patient's rights under Utah law.
(6) Notwithstanding Section 53B-17-303 , any person committed under this chapter has the
right to determine the final disposition of his body after death.
Section 95. Section 62A-15-642 , which is renumbered from Section 62A-12-246 is
renumbered and amended to read:
[62A-12-246]. 62A-15-642. Habeas corpus.
Any individual detained pursuant to this part is entitled to the writ of habeas corpus upon
proper petition by himself or a friend, to the district court in the county in which he is detained.
Section 96. Section 62A-15-643 , which is renumbered from Section 62A-12-247 is
renumbered and amended to read:
[62A-12-247]. 62A-15-643. Confidentiality of information and records --
Exceptions -- Penalty.
(1) All certificates, applications, records, and reports made for the purpose of this part,
including those made on judicial proceedings for involuntary commitment, that directly or indirectly
identify a patient or former patient or an individual whose commitment has been sought under this
part, shall be kept confidential and may not be disclosed by any person except insofar as:
(a) the individual identified or his legal guardian, if any, or, if a minor, his parent or legal
guardian shall consent;
(b) disclosure may be necessary to carry out the provisions of:
(i) this part; or
(ii) Section 53-10-208.1 ; or

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(c) a court may direct, upon its determination that disclosure is necessary for the conduct of
proceedings before it, and that failure to make the disclosure would be contrary to the public interest.
(2) A person who knowingly or intentionally discloses any information not authorized by
this section is guilty of a class B misdemeanor.
Section 97. Section 62A-15-644 , which is renumbered from Section 62A-12-248 is
renumbered and amended to read:
[62A-12-248]. 62A-15-644. Additional powers of director -- Reports and records
of division.
(1) In addition to specific authority granted by other provisions of this part, the director has
authority to prescribe the form of applications, records, reports, and medical certificates provided
for under this part, and the information required to be contained therein, and to adopt rules that are
not inconsistent with the provisions of this part that he finds to be reasonably necessary for the
proper and efficient commitment of mentally ill persons.
(2) The division shall require reports relating to the admission, examination, diagnosis,
release, or discharge of any patient and investigate complaints made by any patient or by any person
on behalf of a patient.
(3) A local mental health authority shall keep a record of the names and current status of all
persons involuntarily committed to it under this chapter.
Section 98. Section 62A-15-645 , which is renumbered from Section 62A-12-249 is
renumbered and amended to read:
[62A-12-249]. 62A-15-645. Retrospective effect of provisions.
Patients who were in a mental health facility on May 8, 1951, shall be deemed to have been
admitted under the provisions of this part appropriate in each instance, and their care, custody, and
rights shall be governed by this part.
Section 99. Section 62A-15-646 , which is renumbered from Section 62A-12-250 is
renumbered and amended to read:
[62A-12-250]. 62A-15-646. Commitment and care of criminally insane.
Nothing contained in this part may be construed to alter or change the method presently

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employed for the commitment and care of the criminally insane as provided in Title 77, Chapter 15.
Section 100. Section 62A-15-647 , which is renumbered from Section 62A-12-252 is
renumbered and amended to read:
[62A-12-252]. 62A-15-647. Severability.
If any one or more provision, section, subsection, sentence, clause, phrase, or word of this
part, or the application thereof to any person or circumstance, is found to be unconstitutional the
same is hereby declared to be severable and the balance of this part shall remain effective
notwithstanding that unconstitutionality. The Legislature hereby declares that it would have passed
this part, and each provision, section, subsection, sentence, clause, phrase, or word thereof,
irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase,
or word be declared unconstitutional.
Section 101. Section 62A-15-701 , which is renumbered from Section 62A-12-280.1 is
renumbered and amended to read:
Part 7. Commitment of Persons Under Age 18 to
Division of Substance Abuse and Mental Health
[62A-12-280.1]. 62A-15-701. Definitions.
As used in this part:
(1) "Child" means a person under 18 years of age.
(2) "Commit" and "commitment" mean the transfer of physical or legal custody in
accordance with the requirements of this part.
(3) "Legal custody" means:
(a) the right to determine where and with whom the child shall live;
(b) the right to participate in all treatment decisions and to consent or withhold consent for
treatment in which a constitutionally protected liberty or privacy interest may be affected, including
antipsychotic medication, electroshock therapy, and psychosurgery; and
(c) the right to authorize surgery or other extraordinary medical care.
(4) "Physical custody" means:
(a) placement of a child in any residential or inpatient setting;

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(b) the right to physical custody of a child;
(c) the right and duty to protect the child; and
(d) the duty to provide, or insure that the child is provided with, adequate food, clothing,
shelter, and ordinary medical care.
(5) "Residential" means any out-of-home placement made by a local mental health authority,
but does not include out-of-home respite care.
(6) "Respite care" means temporary, periodic relief provided to parents or guardians from
the daily care of children with serious emotional disorders for the limited time periods designated
by the division.
Section 102. Section 62A-15-702 , which is renumbered from Section 62A-12-281.1 is
renumbered and amended to read:
[62A-12-281.1]. 62A-15-702. Treatment and commitment of minors in the public
mental health system.
A child is entitled to due process proceedings, in accordance with the requirements of this
part, whenever the child:
(1) may receive or receives services through the public mental health system and is placed,
by a local mental health authority, in a physical setting where his liberty interests are restricted,
including residential and inpatient placements; or
(2) receives treatment in which a constitutionally protected privacy or liberty interest may
be affected, including the administration of antipsychotic medication, electroshock therapy, and
psychosurgery.
Section 103. Section 62A-15-703 , which is renumbered from Section 62A-12-282.1 is
renumbered and amended to read:
[62A-12-282.1]. 62A-15-703. Residential and inpatient settings -- Commitment
proceeding -- Child in physical custody of local mental health authority.
(1) A child may receive services from a local mental health authority in an inpatient or
residential setting only after a commitment proceeding, for the purpose of transferring physical
custody, has been conducted in accordance with the requirements of this section.

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(2) That commitment proceeding shall be initiated by a petition for commitment, and shall
be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant to the
procedures and requirements of this section. If the findings described in Subsection (4) exist, the
proceeding shall result in the transfer of physical custody to the appropriate local mental health
authority, and the child may be placed in an inpatient or residential setting.
(3) The neutral and detached fact finder who conducts the inquiry:
(a) shall be a designated examiner, as defined in Subsection [ 62A-12-202 ] 62A-15-602 (3);
and
(b) may not profit, financially or otherwise, from the commitment or physical placement of
the child in that setting.
(4) Upon determination by the fact finder that the following circumstances clearly exist, he
may order that the child be committed to the physical custody of a local mental health authority:
(a) the child has a mental illness, as defined in Subsection [ 62A-12-202 ] 62A-15-602 (8);
(b) the child demonstrates a risk of harm to himself or others;
(c) the child is experiencing significant impairment in his ability to perform socially;
(d) the child will benefit from care and treatment by the local mental health authority; and
(e) there is no appropriate less-restrictive alternative.
(5) (a) The commitment proceeding before the neutral and detached fact finder shall be
conducted in as informal manner as possible, and in a physical setting that is not likely to have a
harmful effect on the child.
(b) The child, the child's parent or legal guardian, the person who submitted the petition for
commitment, and a representative of the appropriate local mental health authority shall all receive
informal notice of the date and time of the proceeding. Those parties shall also be afforded an
opportunity to appear and to address the petition for commitment.
(c) The neutral and detached fact finder may, in his discretion, receive the testimony of any
other person.
(d) The fact finder may allow the child to waive his right to be present at the commitment
proceeding, for good cause shown. If that right is waived, the purpose of the waiver shall be made

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a matter of record at the proceeding.
(e) At the time of the commitment proceeding, the appropriate local mental health authority,
its designee, or the psychiatrist who has been in charge of the child's care prior to the commitment
proceeding, shall provide the neutral and detached fact finder with the following information, as it
relates to the period of current admission:
(i) the petition for commitment;
(ii) the admission notes;
(iii) the child's diagnosis;
(iv) physicians' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records.
(f) The information described in Subsection (5)(e) shall also be provided to the child's parent
or legal guardian upon written request.
(g) (i) The neutral and detached fact finder's decision of commitment shall state the duration
of the commitment. Any commitment to the physical custody of a local mental health authority may
not exceed 180 days. Prior to expiration of the commitment, and if further commitment is sought,
a hearing shall be conducted in the same manner as the initial commitment proceeding, in accordance
with the requirements of this section.
(ii) When a decision for commitment is made, the neutral and detached fact finder shall
inform the child and his parent or legal guardian of that decision, and of the reasons for ordering
commitment at the conclusion of the hearing, and also in writing.
(iii) The neutral and detached fact finder shall state in writing the basis of his decision, with
specific reference to each of the criteria described in Subsection (4), as a matter of record.
(6) Absent the procedures and findings required by this section, a child may be temporarily
committed to the physical custody of a local mental health authority only in accordance with the
emergency procedures described in Subsection [ 62A-12-232 ] 62A-15-629 (1) or (2). A child
temporarily committed in accordance with those emergency procedures may be held for a maximum

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of 72 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period,
the child shall be released unless the procedures and findings required by this section have been
satisfied.
(7) A local mental health authority shall have physical custody of each child committed to
it under this section. The parent or legal guardian of a child committed to the physical custody of
a local mental health authority under this section, retains legal custody of the child, unless legal
custody has been otherwise modified by a court of competent jurisdiction. In cases when the
Division of Child and Family Services or the Division of Youth Corrections has legal custody of a
child, that division shall retain legal custody for purposes of this part.
(8) The cost of caring for and maintaining a child in the physical custody of a local mental
health authority shall be assessed to and paid by the child's parents, according to their ability to pay.
For purposes of this section, the Division of Child and Family Services or the Division of Youth
Corrections shall be financially responsible, in addition to the child's parents, if the child is in the
legal custody of either of those divisions at the time the child is committed to the physical custody
of a local mental health authority under this section, unless Medicaid regulation or contract
provisions specify otherwise. The Office of Recovery Services shall assist those divisions in
collecting the costs assessed pursuant to this section.
(9) Whenever application is made for commitment of a minor to a local mental health
authority under any provision of this section by a person other than the child's parent or guardian,
the local mental health authority or its designee shall notify the child's parent or guardian. The
parents shall be provided sufficient time to prepare and appear at any scheduled proceeding.
(10) (a) Each child committed pursuant to this section is entitled to an appeal within 30 days
after any order for commitment. The appeal may be brought on the child's own petition, or that of
his parent or legal guardian, to the juvenile court in the district where the child resides or is currently
physically located. With regard to a child in the custody of the Division of Child and Family
Services or the Division of Youth Corrections, the attorney general's office shall handle the appeal,
otherwise the appropriate county attorney's office is responsible for appeals brought pursuant to this
Subsection (10)(a).

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(b) Upon receipt of the petition for appeal, the court shall appoint a designated examiner
previously unrelated to the case, to conduct an examination of the child in accordance with the
criteria described in Subsection (4), and file a written report with the court. The court shall then
conduct an appeal hearing to determine whether the findings described in Subsection (4) exist by
clear and convincing evidence.
(c) Prior to the time of the appeal hearing, the appropriate local mental health authority, its
designee, or the mental health professional who has been in charge of the child's care prior to
commitment, shall provide the court and the designated examiner for the appeal hearing with the
following information, as it relates to the period of current admission:
(i) the original petition for commitment;
(ii) admission notes;
(iii) diagnosis;
(iv) physicians' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records.
(d) Both the neutral and detached fact finder and the designated examiner appointed for the
appeal hearing shall be provided with an opportunity to review the most current information
described in Subsection (10)(c) prior to the appeal hearing.
(e) The child, his parent or legal guardian, the person who submitted the original petition for
commitment, and a representative of the appropriate local mental health authority shall be notified
by the court of the date and time of the appeal hearing. Those persons shall be afforded an
opportunity to appear at the hearing. In reaching its decision, the court shall review the record and
findings of the neutral and detached fact finder, the report of the designated examiner appointed
pursuant to Subsection (10)(b), and may, in its discretion, allow or require the testimony of the
neutral and detached fact finder, the designated examiner, the child, the child's parent or legal
guardian, the person who brought the initial petition for commitment, or any other person whose
testimony the court deems relevant. The court may allow the child to waive his right to appear at

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the appeal hearing, for good cause shown. If that waiver is granted, the purpose shall be made a part
of the court's record.
(11) Each local mental health authority has an affirmative duty to conduct periodic
evaluations of the mental health and treatment progress of every child committed to its physical
custody under this section, and to release any child who has sufficiently improved so that the criteria
justifying commitment no longer exist.
(12) (a) A local mental health authority or its designee, in conjunction with the child's
current treating mental health professional may release an improved child to a less restrictive
environment, as they determine appropriate. Whenever the local mental health authority or its
designee, and the child's current treating mental health professional, determine that the conditions
justifying commitment no longer exist, the child shall be discharged and released to his parent or
legal guardian. With regard to a child who is in the physical custody of the State Hospital, the
treating psychiatrist or clinical director of the State Hospital shall be the child's current treating
mental health professional.
(b) A local mental health authority or its designee, in conjunction with the child's current
treating mental health professional, is authorized to issue a written order for the immediate
placement of a child not previously released from an order of commitment into a more restrictive
environment, if the local authority or its designee and the child's current treating mental health
professional has reason to believe that the less restrictive environment in which the child has been
placed is exacerbating his mental illness, or increasing the risk of harm to himself or others.
(c) The written order described in Subsection (12)(b) shall include the reasons for placement
in a more restrictive environment and shall authorize any peace officer to take the child into physical
custody and transport him to a facility designated by the appropriate local mental health authority
in conjunction with the child's current treating mental health professional. Prior to admission to the
more restrictive environment, copies of the order shall be personally delivered to the child, his parent
or legal guardian, the administrator of the more restrictive environment, or his designee, and the
child's former treatment provider or facility.
(d) If the child has been in a less restrictive environment for more than 30 days and is

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aggrieved by the change to a more restrictive environment, the child or his representative may
request a review within 30 days of the change, by a neutral and detached fact finder as described in
Subsection (3). The fact finder shall determine whether:
(i) the less restrictive environment in which the child has been placed is exacerbating his
mental illness, or increasing the risk of harm to himself or others; or
(ii) the less restrictive environment in which the child has been placed is not exacerbating
his mental illness, or increasing the risk of harm to himself or others, in which case the fact finder
shall designate that the child remain in the less restrictive environment.
(e) Nothing in this section prevents a local mental health authority or its designee, in
conjunction with the child's current mental health professional, from discharging a child from
commitment or from placing a child in an environment that is less restrictive than that designated
by the neutral and detached fact finder.
(13) Each local mental health authority or its designee, in conjunction with the child's current
treating mental health professional shall discharge any child who, in the opinion of that local
authority, or its designee, and the child's current treating mental health professional, no longer meets
the criteria specified in Subsection (4), except as provided by Section 78-3a-121 . The local authority
and the mental health professional shall assure that any further supportive services required to meet
the child's needs upon release will be provided.
(14) Even though a child has been committed to the physical custody of a local mental health
authority pursuant to this section, the child is still entitled to additional due process proceedings, in
accordance with Section [ 62A-12-283.1 ] 62A-15-704 , before any treatment which may affect a
constitutionally protected liberty or privacy interest is administered. Those treatments include, but
are not limited to, antipsychotic medication, electroshock therapy, and psychosurgery.
Section 104. Section 62A-15-704 , which is renumbered from Section 62A-12-283.1 is
renumbered and amended to read:
[62A-12-283.1]. 62A-15-704. Invasive treatment -- Due process proceedings.
(1) For purposes of this section, "invasive treatment" means treatment in which a
constitutionally protected liberty or privacy interest may be affected, including antipsychotic

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medication, electroshock therapy, and psychosurgery.
(2) The requirements of this section apply to all children receiving services or treatment from
a local mental health authority, its designee, or its provider regardless of whether a local mental
health authority has physical custody of the child or the child is receiving outpatient treatment from
the local authority, its designee, or provider.
(3) (a) The division shall promulgate rules, in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, establishing due process procedures for children prior to any
invasive treatment as follows:
(i) with regard to antipsychotic medications, if either the parent or child disagrees with that
treatment, a due process proceeding shall be held in compliance with the procedures established
under this Subsection (3);
(ii) with regard to psychosurgery and electroshock therapy, a due process proceeding shall
be conducted pursuant to the procedures established under this Subsection (3), regardless of whether
the parent or child agree or disagree with the treatment; and
(iii) other possible invasive treatments may be conducted unless either the parent or child
disagrees with the treatment, in which case a due process proceeding shall be conducted pursuant
to the procedures established under this Subsection (3).
(b) In promulgating the rules required by Subsection (3)(a), the division shall consider the
advisability of utilizing an administrative law judge, court proceedings, a neutral and detached fact
finder, and other methods of providing due process for the purposes of this section. The division
shall also establish the criteria and basis for determining when invasive treatment should be
administered.
Section 105. Section 62A-15-705 , which is renumbered from Section 62A-12-283.2 is
renumbered and amended to read:
[62A-12-283.2]. 62A-15-705. Commitment proceedings in juvenile court -- Criteria
-- Custody.
(1) In addition to the processes described in Sections [ 62A-12-282.1 ] 62A-15-703 and
[ 62A-12-283.1 ] 62-15-704 , commitment proceedings for a child may be commenced by filing a

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written application with the juvenile court of the county in which the child resides or is found, in
accordance with the procedures described in Section [ 62A-12-234 ] 62A-15-631 .
(2) The juvenile court shall order commitment to the legal custody of the division or to the
physical custody of a local mental health authority if, upon completion of the hearing and
consideration of the record, it finds by clear and convincing evidence that:
(a) the child has a mental illness, as defined in Subsection [ 62A-12-202 ] 62A-15-602 (8);
(b) the child demonstrates a risk of harm to himself or others;
(c) the child is experiencing significant impairment in his ability to perform socially;
(d) the child will benefit from the proposed care and treatment; and
(e) there is no appropriate less restrictive alternative.
(3) The division has an affirmative duty to conduct periodic reviews of children committed
to its custody pursuant to this section, and to release any child who has sufficiently improved so that
the director or his designee determines that commitment is no longer appropriate.
(4) When the division receives legal custody of a child upon order of the court pursuant to
this section, it may place the child in the physical custody of a local mental health authority. The
local mental health authority shall carry out its responsibilities with regard to that child in accordance
with the provisions of this part.
Section 106. Section 62A-15-706 , which is renumbered from Section 62A-12-283.3 is
renumbered and amended to read:
[62A-12-283.3]. 62A-15-706. Parent advocate.
The division shall establish the position of a parent advocate to assist parents of mentally ill
children who are subject to the procedures required by this part.
Section 107. Section 62A-15-707 , which is renumbered from Section 62A-12-284 is
renumbered and amended to read:
[62A-12-284]. 62A-15-707. Confidentiality of information and records --
Exceptions -- Penalty.
(1) Notwithstanding the provisions of Sections 63-2-101 through 63-2-909 , Government
Records Access Management Act, all certificates, applications, records, and reports made for the

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purpose of this part that directly or indirectly identify a patient or former patient or an individual
whose commitment has been sought under this part, shall be kept confidential and may not be
disclosed by any person except as follows:
(a) the individual identified consents after reaching 18 years of age;
(b) the child's parent or legal guardian consents;
(c) disclosure is necessary to carry out any of the provisions of this part; or
(d) a court may direct, upon its determination that disclosure is necessary for the conduct of
proceedings before it, and that failure to make the disclosure would be contrary to the public interest.
(2) A person who violates any provision of this section is guilty of a class B misdemeanor.
Section 108. Section 62A-15-708 , which is renumbered from Section 62A-12-285 is
renumbered and amended to read:
[62A-12-285]. 62A-15-708. Mechanical restraints -- Clinical record.
Mechanical restraints may not be applied to a child unless it is determined, by the local
mental health authority or its designee in conjunction with the child's current treating mental health
professional, that they are required by the needs of that child. Every use of a mechanical restraint
and the reasons for that use shall be made a part of the child's clinical record, under the signature of
the local mental health authority, its designee, and the child's current treating mental health
professional.
Section 109. Section 62A-15-709 , which is renumbered from Section 62A-12-286 is
renumbered and amended to read:
[62A-12-286]. 62A-15-709. Habeas corpus.
Any child committed in accordance with Section [ 62A-12-282.1 ] 62A-15-703 is entitled to
a writ of habeas corpus upon proper petition by himself or next of friend to the district court in the
district in which he is detained.
Section 110. Section 62A-15-710 , which is renumbered from Section 62A-12-287 is
renumbered and amended to read:
[62A-12-287]. 62A-15-710. Restrictions and limitations -- Civil rights and
privileges.

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(1) Subject to the specific rules of the division, and except to the extent that the local mental
health authority or its designee, in conjunction with the child's current treating mental health
professional, determines that it is necessary for the welfare of the person to impose restrictions, every
child committed to the physical custody of a local mental health authority under Section
[ 62A-12-282.1 ] 62A-15-703 is entitled to:
(a) communicate, by sealed mail or otherwise, with persons, including official agencies,
inside or outside of the facility;
(b) receive visitors; and
(c) exercise his civil rights.
(2) When any right of a child is limited or denied, the nature, extent, and reason for that
limitation or denial shall be entered in the child's treatment record. Any continuing denial or
limitation shall be reviewed every 30 days and shall also be entered in that treatment record. Notice
of that continuing denial in excess of 30 days shall be sent to the division.
(3) Notwithstanding any limitations authorized under this section on the right of
communication, each child committed to the physical custody of a local mental health authority is
entitled to communicate by sealed mail with his attorney, the local mental health authority, its
designee, his current treating mental health professional, and the court, if commitment was court
ordered. In no case may the child be denied a visit with the legal counsel or clergy of his choice.
(4) Each local mental health authority shall provide appropriate and reasonable means and
arrangements for informing children and their parents or legal guardians of their rights as provided
in this part, and for assisting them in making and presenting requests for release.
(5) All local mental health facilities shall post a statement, promulgated by the division,
describing patient's rights under Utah law.
Section 111. Section 62A-15-711 , which is renumbered from Section 62A-12-288 is
renumbered and amended to read:
[62A-12-288]. 62A-15-711. Standards for care and treatment.
Every child is entitled to humane care and treatment and to medical care and treatment in
accordance with the prevailing standards accepted in medical practice, psychiatric nursing practice,

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social work practice, and the practice of clinical psychology.
Section 112. Section 62A-15-712 , which is renumbered from Section 62A-12-289 is
renumbered and amended to read:
[62A-12-289]. 62A-15-712. Responsibilities of the Division of Substance Abuse
and Mental Health.
(1) It is the responsibility of the division to [assure] ensure that the requirements of this part
are met and applied uniformly by local mental health authorities across the state.
(2) Since it is the division's responsibility, under Section [ 62A-12-102 ] 62A-15-103 , to
contract with, review, approve, and oversee local mental health authority plans, and to withhold
funds from local mental health authorities and public and private providers for contract
noncompliance or misuse of public funds, the division shall:
(a) require each local mental health authority to submit its plan to the division by May 1 of
each year;
(b) conduct an annual program audit and review of each local mental health authority in the
state, and its contract provider; and
(c) provide a written report to the Health and Human Services Interim Committee on July
1, 1996, and each year thereafter, and provide an oral report to that committee, as requested. That
report shall provide information regarding:
(i) the annual audit and review;
(ii) the financial expenditures of each local mental health authority and its contract provider;
(iii) the status of each local authority's and its contract provider's compliance with its plan,
state statutes, and with the provisions of the contract awarded; and
(iv) whether audit guidelines established pursuant to [Subsection 62A-12-289.1 ] Subsections
62A-15-713 (2)(a) and [Subsection] 67-3-1 (2)(o) provide the division with sufficient criteria and
assurances of appropriate expenditures of public funds.
(3) The annual audit and review described in Subsection (2)(b) shall, in addition to items
determined by the division to be necessary and appropriate, include a review and determination
regarding whether public funds allocated to local mental health authorities are consistent with

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services rendered and outcomes reported by it or its contract provider, and whether each local mental
health authority is exercising sufficient oversight and control over public funds allocated for mental
health programs and services.
(4) The Legislature may refuse to appropriate funds to the division upon the division's failure
to comply with the provisions of this part.
Section 113. Section 62A-15-713 , which is renumbered from Section 62A-12-289.1 is
renumbered and amended to read:
[62A-12-289.1]. 62A-15-713. Contracts with local mental health authorities --
Provisions.
When the division contracts with a local mental health authority to provide mental health
programs and services in accordance with the provision of this chapter and Title 17A, Chapter 3, Part
6, Local Mental Health Authorities, it shall ensure that those contracts include at least the following
provisions:
(1) that an independent auditor shall conduct any audit of the local mental health authority
or its contract provider's programs or services, pursuant to the provisions of Title 51, Chapter 2,
Audits of Political Subdivisions, Interlocal Organizations and Other Local Entities;
(2) in addition to the requirements described in Title 51, Chapter 2, Audits of Political
Subdivisions, Interlocal Organizations and Other Local Entities, the division:
(a) shall prescribe guidelines and procedures, in accordance with those formulated by the
state auditor pursuant to Section 67-3-1 , for auditing the compensation and expenses of officers,
directors, and specified employees of the private contract provider, to assure the state that no
personal benefit is gained from travel or other expenses; and
(b) may prescribe specific items to be addressed by that audit, depending upon the particular
needs or concerns relating to the local mental health authority or contract provider at issue;
(3) the local mental health authority or its contract provider shall invite and include all
funding partners in its auditor's pre- and exit conferences;
(4) each member of the local mental health authority shall annually certify that he has
received and reviewed the independent audit and has participated in a formal interview with the

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provider's executive officers;
(5) requested information and outcome data will be provided to the division in the manner
and within the timelines defined by the division;
(6) all audit reports by state or county persons or entities concerning the local mental health
authority or its contract provider shall be provided to the executive director of the department, the
local mental health authority, and members of the contract provider's governing board; and
(7) the local mental health authority or its contract provider will offer and provide mental
health services to residents who are indigent and who meet state criteria for serious and persistent
mental illness or severe emotional disturbance.
Section 114. Section 62A-15-801 , which is renumbered from Section 62A-12-301 is
renumbered and amended to read:
Part 8. Interstate Compact on Mental Health
[62A-12-301]. 62A-15-801. Interstate compact on mental health -- Compact
provisions.
The Interstate Compact on Mental Health is hereby enacted and entered into with all other
jurisdictions that legally join in the compact, which is, in form, substantially as follows:
INTERSTATE COMPACT ON MENTAL HEALTH
The contracting states solemnly agree that:
Article I
The proper and expeditious treatment of the mentally ill can be facilitated by cooperative
action, to the benefit of the patients, their families, and society as a whole. Further, the party states
find that the necessity of and desirability of furnishing that care and treatment bears no primary
relation to the residence or citizenship of the patient but that the controlling factors of community
safety and humanitarianism require that facilities and services be made available for all who are in
need of them. Consequently, it is the purpose of this compact and of the party states to provide the
necessary legal and constitutional basis for commitment or other appropriate care and treatment of
the mentally ill under a system that recognizes the paramount importance of patient welfare and to
establish the responsibilities of the party states.

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The appropriate authority in this state for making determinations under this compact is the
director of the division or his designee.
Article II
As used in this compact:
(1) "After-care" means care, treatment, and services provided to a patient on convalescent
status or conditional release.
(2) "Institution" means any hospital, program, or facility maintained by a party state or
political subdivision for the care and treatment of persons with a mental illness.
(3) "Mental illness" means a psychiatric disorder as defined by the current Diagnostic and
Statistical Manual of Mental Disorders, that substantially impairs a person's mental, emotional,
behavioral, or related functioning to such an extent that he requires care and treatment for his own
welfare, the welfare of others, or the community.
(4) "Patient" means any person subject to or eligible, as determined by the laws of the
sending state, for institutionalization or other care, treatment, or supervision pursuant to the
provisions of this compact and constitutional due process requirements.
(5) "Receiving state" means a party state to which a patient is transported pursuant to the
provisions of the compact or to which it is contemplated that a patient may be sent.
(6) "Sending state" means a party state from which a patient is transported pursuant to the
provisions of the compact or from which it is contemplated that a patient may be sent.
(7) "State" means any state, territory, or possession of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.
Article III
(1) Whenever a person physically present in any party state is in need of institutionalization
because of mental illness, he shall be eligible for care and treatment in an institution in that state,
regardless of his residence, settlement, or citizenship qualifications.
(2) Notwithstanding the provisions of Subsection (1) of this article, any patient may be
transferred to an institution in another state whenever there are factors, based upon clinical
determinations, indicating that the care and treatment of that patient would be facilitated or improved

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by that action. Any such institutionalization may be for the entire period of care and treatment or
for any portion or portions thereof. The factors to be considered include the patient's full record with
due regard for the location of the patient's family, the character of his illness and its probable
duration, and other factors considered appropriate by authorities in the party state and the director
of the division, or his designee.
(3) No state is obliged to receive any patient pursuant to the provisions of Subsection (2) of
this article unless the sending state has:
(a) given advance notice of its intent to send the patient;
(b) furnished all available medical and other pertinent records concerning the patient;
(c) given the qualified medical or other appropriate clinical authorities of the receiving state
an opportunity to examine the patient; and
(d) determined that the receiving state agrees to accept the patient.
(4) In the event that the laws of the receiving state establish a system of priorities for the
admission of patients, an interstate patient under this compact shall receive the same priority as a
local patient and shall be taken in the same order and at the same time that he would be taken if he
were a local patient.
(5) Pursuant to this compact, the determination as to the suitable place of institutionalization
for a patient may be reviewed at any time and further transfer of the patient may be made as is
deemed to be in the best interest of the patient, as determined by appropriate authorities in the
receiving and sending states.
Article IV
(1) Whenever, pursuant to the laws of the state in which a patient is physically present, it is
determined that the patient should receive after-care or supervision, that care or supervision may be
provided in the receiving state. If the medical or other appropriate clinical authorities who have
responsibility for the care and treatment of the patient in the sending state believe that after-care in
another state would be in the best interest of the patient and would not jeopardize the public safety,
they shall request the appropriate authorities in the receiving state to investigate the desirability of
providing the patient with after-care in the receiving state. That request for investigation shall be

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accompanied by complete information concerning the patient's intended place of residence and the
identity of the person in whose charge the patient would be placed, the complete medical history of
the patient, and other pertinent documents.
(2) If the medical or other appropriate clinical authorities who have responsibility for the
care and treatment of the patient in the sending state, and the appropriate authorities in the receiving
state find that the best interest of the patient would be served, and if the public safety would not be
jeopardized, the patient may receive after-care or supervision in the receiving state.
(3) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this
article, a receiving state shall employ the same standards of visitation, examination, care, and
treatment as for similar local patients.
Article V
Whenever a dangerous or potentially dangerous patient escapes from an institution in any
party state, that state shall promptly notify all appropriate authorities both within and without the
jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of
the escapee. Immediately upon the apprehension and identification of that patient, he shall be
detained in the state where found, pending disposition in accordance with the laws of that state.
Article VI
Accredited officers of any party state, upon the establishment of their authority and the
identity of the patient, shall be permitted to transport any patient being moved pursuant to this
compact through any and all states party to this compact, without interference.
Article VII
(1) No person may be deemed a patient of more than one institution at any given time.
Completion of transfer of any patient to an institution in a receiving state has the effect of making
the person a patient of the institution in the receiving state.
(2) The sending state shall pay all costs of and incidental to the transportation of any patient
pursuant to this compact, but any two or more party states may, by making a specific agreement for
that purpose, arrange for a different allocation of costs among themselves.
(3) No provision of this compact may be construed to alter or affect any internal

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relationships among the departments, agencies, and officers of a party state, or between a party state
and its subdivisions, as to the payment of costs or responsibilities.
(4) Nothing in this compact may be construed to prevent any party state or any of its
subdivisions from asserting any right against any person, agency, or other entity with regard to costs
for which that party state or its subdivision may be responsible under this compact.
(5) Nothing in this compact may be construed to invalidate any reciprocal agreement
between a party state and a nonparty state relating to institutionalization, care, or treatment of the
mentally ill, or any statutory authority under which those agreements are made.
Article VIII
(1) Nothing in this compact may be construed to abridge, diminish, or in any way impair the
rights, duties, and responsibilities of any patient's guardian on his own behalf or with respect to any
patient for whom he serves, except that when the transfer of a patient to another jurisdiction makes
advisable the appointment of a supplemental or substitute guardian, a court of competent jurisdiction
in the receiving state may make supplemental or substitute appointments. In that case, the court that
appointed the previous guardian shall, upon being advised of the new appointment and upon the
satisfactory completion of accounting and other acts as the court may require, relieve the previous
guardian of power and responsibility to whatever extent is appropriate in the circumstances.
However, in the case of any patient having settlement in the sending state, a court of
competent jurisdiction in the sending state has the sole discretion to relieve a guardian appointed by
it or to continue his power and responsibility, as it deems advisable. The court in the receiving state
may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in
the sending state in lieu of making a supplemental or substitute appointment.
(2) The term "guardian" as used in Subsection (1) of this article includes any guardian,
trustee, legal committee, conservator, or other person or agency however denominated, who is
charged by law with power to act for the person or property of a patient.
Article IX
(1) No provision of this compact except Article V applies to any person institutionalized
while under sentence in a penal or correctional institution, while subject to trial on a criminal charge,

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or whose institutionalization is due to the commission of an offense for which, in the absence of
mental illness, he would be subject to incarceration in a penal or correctional institution.
(2) To every extent possible, it shall be the policy of party states that no patient be placed
or detained in any prison, jail, or lockup, but shall, with all expedition, be taken to a suitable
institutional facility for mental illness.
Article X
(1) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall
act as general coordinator of activities under the compact in his state and receive copies of all
reports, correspondence, and other documents relating to any patient processed under the compact
by his state, either in the capacity of sending or receiving state. The compact administrator, or his
designee, shall deal with all matters relating to the compact and patients processed under the
compact. In this state the director of the division, or his designee shall act as the "compact
administrator."
(2) The compact administrators of the respective party states have power to promulgate
reasonable rules and regulations as are necessary to carry out the terms and provisions of this
compact. In this state, the division has authority to establish those rules in accordance with the Utah
Administrative Rulemaking Act.
(3) The compact administrator shall cooperate with all governmental departments, agencies,
and officers in this state and its subdivisions in facilitating the proper administration of the compact
and any supplementary agreement or agreements entered into by this state under the compact.
(4) The compact administrator is hereby authorized and empowered to enter into
supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI
of this compact. In the event that supplementary agreements require or contemplate the use of any
institution or facility of this state or require or contemplate the provision of any service by this state,
that agreement shall have no force unless approved by the director of the department or agency under
whose jurisdiction the institution or facility is operated, or whose department or agency will be
charged with the rendering of services.
(5) The compact administrator may make or arrange for any payments necessary to discharge

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financial obligations imposed upon this state by the compact or by any supplementary agreement
entered into under the compact.
Article XI
Administrative authorities of any two or more party states may enter into supplementary
agreements for the provision of any service or facility, or for the maintenance of any institution on
a joint or cooperative basis whenever the states concerned find that those agreements will improve
services, facilities, or institutional care and treatment of persons who are mentally ill. A
supplementary agreement may not be construed to relieve a party state of any obligation that it
otherwise would have under other provisions of this compact.
Article XII
This compact has full force and effect in any state when it is enacted into law in that state.
Thereafter, that state is a party to the compact with any and all states that have legally joined.
Article XIII
A party state may withdraw from the compact by enacting a statute repealing the compact.
Withdrawal takes effect one year after notice has been communicated officially and in writing to the
compact administrators of all other party states. However, the withdrawal of a state does not change
the status of any patient who has been sent to that state or sent out of that state pursuant to the
compact.
Article XIV
This compact shall be liberally construed so as to effectuate its purposes. The provisions of
this compact are severable, and if any phrase, clause, sentence or provision is declared to be contrary
to the constitution of the United States or the applicability to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this compact and its applicability to any
government, agency, person, or circumstance shall not be affected thereby. If this compact is held
to be contrary to the constitution of any party state the compact shall remain in full force and effect
as to the remaining states and in full force and effect as to the state affected as to all severable
matters.
Section 115. Section 62A-15-802 , which is renumbered from Section 62A-12-302 is

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renumbered and amended to read:
[62A-12-302]. 62A-15-802. Requirement of conformity with this chapter.
All actions and proceedings taken under authority of this compact shall be in accordance with
the procedures and constitutional requirements described in Part [2] 6 of this chapter.
Section 116. Section 62A-15-901 , which is renumbered from Section 62A-12-401 is
renumbered and amended to read:
Part 9. Utah Forensic Mental Health Facility
[62A-12-401]. 62A-15-901. Establishment and funding.
The Utah Forensic Mental Health Facility is hereby established and shall be located on state
land on the campus of the Utah State Hospital in Provo, Utah County.
Section 117. Section 62A-15-902 , which is renumbered from Section 62A-12-402 is
renumbered and amended to read:
[62A-12-402]. 62A-15-902. Design and operation -- Security -- Funding.
(1) The forensic mental health facility shall be designed as a secure treatment facility. The
department shall have primary responsibility to design the treatment environment. However, the
department shall consult with the Department of Corrections on all matters that affect the ability to
secure the facility, its residents, and staff.
(2) (a) The forensic mental health facility shall be designed to separately accommodate the
following populations:
(i) prison inmates displaying mental illness, as defined in Section [ 62A-12-202 ] 62A-15-602 ,
necessitating treatment in a secure mental health facility;
(ii) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation
for mental illness under Title 77, Chapter 16a, Commitment and Treatment of Mentally Ill Persons;
(iii) criminally adjudicated persons found guilty and mentally ill under Title 77, Chapter 16a,
Commitment and Treatment of Mentally Ill Persons, who are also mentally retarded;
(iv) persons found by a court to be incompetent to proceed in accordance with Title 77,
Chapter 15, Inquiry Into Sanity of Defendant, or not guilty by reason of insanity under Title 77,
Chapter 14, Defenses; and

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(v) persons who are civilly committed to the custody of a local mental health authority in
accordance with Title 62A, Chapter [12] 15, Part [2] 6, Utah State Hospital and Other Mental Health
Facilities, and who may not be properly supervised by the Utah State Hospital because of a lack of
necessary security, as determined by the superintendent or his designee.
(b) Placement of an offender in the forensic mental health facility under any category
described in Subsection (2)(a)(ii), (iii), or (iv) shall be made on the basis of the offender's status as
established by the court at the time of adjudication.
(c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules providing for the allocation of beds to the categories described in
Subsection (2)(a).
(3) The department shall:
(a) own and operate the forensic mental health facility;
(b) provide and supervise administrative and clinical staff; and
(c) provide security staff who are trained both as psychiatric technicians and certified by the
Department of Corrections to perform security responsibilities for the forensic mental health facility.
Section 118. Section 62A-15-1001 , which is renumbered from Section 62A-12-501 is
renumbered and amended to read:
Part 10. Declaration for Mental Health Treatment
[62A-12-501]. 62A-15-1001. Definitions.
As used in this part:
(1) "Attending physician" means a physician licensed to practice medicine in this state who
has primary responsibility for the care and treatment of the declarant.
(2) "Attorney-in-fact" means an adult properly appointed under this part to make mental
health treatment decisions for a declarant under a declaration for mental health treatment.
(3) "Incapable" means that, in the opinion of the court in a guardianship proceeding under
Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to
receive and evaluate information effectively or communicate decisions is impaired to such an extent
that the person currently lacks the capacity to make mental health treatment decisions.

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(4) "Mental health facility" means the same as that term is defined in Section [ 62A-12-202 ]
62A-15-602 .
(5) "Mental health treatment" means convulsive treatment, treatment with psychoactive
medication, or admission to and retention in a facility for a period not to exceed 17 days.
Section 119. Section 62A-15-1002 , which is renumbered from Section 62A-12-502 is
renumbered and amended to read:
[62A-12-502]. 62A-15-1002. Declaration for mental health treatment.
(1) An adult who is not incapable may make a declaration of preferences or instructions
regarding his mental health treatment. The declaration may include, but is not limited to, consent
to or refusal of specified mental health treatment.
(2) A declaration for mental health treatment shall designate a capable adult to act as
attorney-in-fact to make decisions about mental health treatment for the declarant. An alternative
attorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unable
or unwilling to act at any time. An attorney-in-fact who has accepted the appointment in writing may
make decisions about mental health treatment on behalf of the declarant only when the declarant is
incapable. The decisions shall be consistent with any instructions or desires the declarant has
expressed in the declaration.
(3) A declaration is effective only if it is signed by the declarant and two capable adult
witnesses. The witnesses shall attest that the declarant is known to them, signed the declaration in
their presence, appears to be of sound mind and is not under duress, fraud, or undue influence.
Persons specified in Subsection [ 62A-12-503 ] 62A-15-1003 (6) may not act as witnesses.
(4) A declaration becomes operative when it is delivered to the declarant's physician or other
mental health treatment provider and remains valid until it expires or is revoked by the declarant.
The physician or provider is authorized to act in accordance with an operative declaration when the
declarant has been found to be incapable. The physician or provider shall continue to obtain the
declarant's informed consent to all mental health treatment decisions if the declarant is capable of
providing informed consent or refusal.
(5) (a) An attorney-in-fact does not have authority to make mental health treatment decisions

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unless the declarant is incapable.
(b) An attorney-in-fact is not, solely as a result of acting in that capacity, personally liable
for the cost of treatment provided to the declarant.
(c) Except to the extent that a right is limited by a declaration or by any federal law, an
attorney-in-fact has the same right as the declarant to receive information regarding the proposed
mental health treatment and to receive, review, and consent to disclosure of medical records relating
to that treatment. This right of access does not waive any evidentiary privilege.
(d) In exercising authority under the declaration, the attorney-in-fact shall act consistently
with the instructions and desires of the declarant, as expressed in the declaration. If the declarant's
desires are unknown, the attorney-in-fact shall act in what he, in good faith, believes to be the best
interest of the declarant.
(e) An attorney-in-fact is not subject to criminal prosecution, civil liability, or professional
disciplinary action for any action taken in good faith pursuant to a declaration for mental health
treatment.
(6) (a) A declaration for mental health treatment remains effective for a period of three years
or until revoked by the declarant. If a declaration for mental health treatment has been invoked and
is in effect at the expiration of three years after its execution, the declaration remains effective until
the declarant is no longer incapable.
(b) The authority of a named attorney-in-fact and any alternative attorney-in-fact continues
in effect as long as the declaration appointing the attorney-in-fact is in effect or until the
attorney-in-fact has withdrawn.
(7) A person may not be required to execute or to refrain from executing a declaration as a
criterion for insurance, as a condition for receiving mental or physical health services, or as a
condition of discharge from a facility.
Section 120. Section 62A-15-1003 , which is renumbered from Section 62A-12-503 is
renumbered and amended to read:
[62A-12-503]. 62A-15-1003. Physician and provider responsibilities -- Provision
of services contrary to declaration -- Revocation.

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(1) Upon being presented with a declaration, a physician shall make the declaration a part
of the declarant's medical record. When acting under authority of a declaration, a physician shall
comply with it to the fullest extent possible, consistent with reasonable medical practice, the
availability of treatments requested, and applicable law. If the physician or other provider is
unwilling at any time to comply with the declaration, the physician or provider shall promptly notify
the declarant and the attorney-in-fact, and document the notification in the declarant's medical
record.
(2) A physician or provider may subject a declarant to intrusive treatment in a manner
contrary to the declarant's wishes, as expressed in a declaration for mental health treatment if:
(a) the declarant has been committed to the custody of a local mental health authority in
accordance with Part [2] 6; or
(b) in cases of emergency endangering life or health.
(3) A declaration does not limit any authority provided in Part [2] 6 to take a person into
custody, or admit or retain a person in the custody of a local mental health authority.
(4) A declaration may be revoked in whole or in part by the declarant at any time so long as
the declarant is not incapable. That revocation is effective when the declarant communicates the
revocation to the attending physician or other provider. The attending physician or other provider
shall note the revocation as part of the declarant's medical record.
(5) A physician who administers or does not administer mental health treatment according
to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution,
civil liability, or professional disciplinary action resulting from a subsequent finding that a
declaration is invalid.
(6) None of the following persons may serve as an attorney-in-fact or as witnesses to the
signing of a declaration:
(a) the declarant's attending physician or mental health treatment provider, or an employee
of that physician or provider;
(b) an employee of the division; or
(c) an employee of a local mental health authority or any organization that contracts with a

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local mental health authority.
(7) An attorney-in-fact may withdraw by giving notice to the declarant. If a declarant is
incapable, the attorney-in-fact may withdraw by giving notice to the attending physician or provider.
The attending physician shall note the withdrawal as part of the declarant's medical record.
Section 121. Section 62A-15-1004 , which is renumbered from Section 62A-12-504 is
renumbered and amended to read:
[62A-12-504]. 62A-15-1004. Declaration for mental health treatment -- Form.
A declaration for mental health treatment shall be in substantially the following form:
DECLARATION FOR MENTAL HEALTH TREATMENT
I, ________________________________, being an adult of sound mind, willfully and
voluntarily make this declaration for mental health treatment, to be followed if it is determined by
a court or by two physicians that my ability to receive and evaluate information effectively or to
communicate my decisions is impaired to such an extent that I lack the capacity to refuse or consent
to mental health treatment. "Mental health treatment" means convulsive treatment, treatment with
psychoactive medication, and admission to and retention in a mental health facility for a period up
to 17 days.
I understand that I may become incapable of giving or withholding informed consent for
mental health treatment due to the symptoms of a diagnosed mental disorder. These symptoms may
include:

______________________________________________________________________________

___________________________________________________________________________
PSYCHOACTIVE MEDICATIONS
If I become incapable of giving or withholding informed consent for mental health treatment,
my wishes regarding psychoactive medications are as follows:
__________ I consent to the administration of the following medications:

____________________________________________________________________________

in the dosages:
__________ considered appropriate by my attending physician.

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__________ approved by ________________________________________
__________ as I hereby direct: ____________________________________
__________ I do not consent to the administration of the following medications:
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________
CONVULSIVE TREATMENT
If I become incapable of giving or withholding informed consent for mental health treatment,
my wishes regarding convulsive treatment are as follows:
__________ I consent to the administration of convulsive treatment of the following type:
______________________________________________, the number of treatments to be:
__________ determined by my attending physician.
__________ approved by _______________________________________
__________ as follows: ________________________________________
__________ I do not consent to the administration of convulsive treatment.
My reasons for consenting to or refusing convulsive treatment are as follows;
______________________________________________________________________________
______________________________________________________________________________
_________________________________________________________________________
ADMISSION TO AND RETENTION IN A MENTAL HEALTH FACILITY
If I become incapable of giving or withholding informed consent for mental health treatment,
my wishes regarding admission to and retention in a mental health facility are as follows:
__________ I consent to being admitted to the following mental health facilities:
____________________________________________________________________________
I may be retained in the facility for a period of time:
__________ determined by my attending physician.
__________ approved by _______________________________________
__________ no longer than _____________________________________

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This directive cannot, by law, provide consent to retain me in a facility for more than 17 days.
ADDITIONAL REFERENCES OR INSTRUCTIONS
______________________________________________________________________________
______________________________________________________________________________
_________________________________________________________________________
ATTORNEY-IN-FACT
I hereby appoint:
NAME ________________________________________________
ADDRESS _____________________________________________
TELEPHONE # _________________________________________
to act as my attorney-in-fact to make decisions regarding my mental health treatment if I become
incapable of giving or withholding informed consent for that treatment.
If the person named above refuses or is unable to act on my behalf, or if I revoke that person's
authority to act as my attorney-in-fact, I authorize the following person to act as my alternative
attorney-in-fact:
NAME ________________________________________________
ADDRESS _____________________________________________
TELEPHONE # _________________________________________
My attorney-in-fact is authorized to make decisions which are consistent with the wishes I
have expressed in this declaration. If my wishes are not expressed, my attorney-in-fact is to act in
good faith according to what he or she believes to be in my best interest.

_________________________________________

(Signature of Declarant/Date)
AFFIRMATION OF WITNESSES
We affirm that the declarant is personally known to us, that the declarant signed or
acknowledged the declarant's signature on this declaration for mental health treatment in our
presence, that the declarant appears to be of sound mind and does not appear to be under duress,
fraud, or undue influence. Neither of us is the person appointed as attorney-in-fact by this document,

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the attending physician, an employee of the attending physician, an employee of the Division of
Substance Abuse and Mental Health within the Department of Human Services, an employee of a
local mental health authority, or an employee of any organization that contracts with a local mental
health authority.
Witnessed By:
_____________________________________ ______________________________________
(Signature of Witness/Date) (Printed Name of Witness)
_____________________________________ _______________________________________
(Signature of Witness/Date) (Printed Name of Witness)
ACCEPTANCE OF APPOINTMENT AS ATTORNEY-IN-FACT
I accept this appointment and agree to serve as attorney-in-fact to make decisions about
mental health treatment for the declarant. I understand that I have a duty to act consistently with the
desires of the declarant as expressed in the declaration. I understand that this document gives me
authority to make decisions about mental health treatment only while the declarant is incapable as
determined by a court or two physicians. I understand that the declarant may revoke this
appointment, or the declaration, in whole or in part, at any time and in any manner, when the
declarant is not incapable.
____________________________________ _______________________________________
(Signature of Attorney-in-fact/Date) (Printed name)
____________________________________ ________________________________________
(Signature of Alternate Attorney-in-fact/Date) (Printed name)
NOTICE TO PERSON MAKING A
DECLARATION FOR MENTAL HEALTH TREATMENT
This is an important legal document. It is a declaration that allows, or disallows, mental
health treatment. Before signing this document, you should know that:
(1) this document allows you to make decisions in advance about three types of mental
health treatment: psychoactive medication, convulsive therapy, and short-term (up to 17 days)
admission to a mental health facility;

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(2) the instructions that you include in this declaration will be followed only if a court or two
physicians believe that you are incapable of otherwise making treatment decisions. Otherwise, you
will be considered capable to give or withhold consent for treatment;
(3) you may also appoint a person as your attorney-in-fact to make these treatment decisions
for you if you become incapable. The person you appoint has a duty to act consistently with your
desires as stated in this document or, if not stated, to make decisions in accordance with what that
person believes, in good faith, to be in your best interest. For the appointment to be effective, the
person you appoint must accept the appointment in writing. The person also has the right to
withdraw from acting as your attorney-in-fact at any time;
(4) this document will continue in effect for a period of three years unless you become
incapable of participating in mental health treatment decisions. If this occurs, the directive will
continue in effect until you are no longer incapable;
(5) you have the right to revoke this document in whole or in part, or the appointment of an
attorney-in-fact, at any time you have not been determined to be incapable. YOU MAY NOT
REVOKE THE DECLARATION OR APPOINTMENT WHEN YOU ARE CONSIDERED
INCAPABLE BY A COURT OR TWO PHYSICIANS. A revocation is effective when it is
communicated to your attending physician or other provider; and
(6) if there is anything in this document that you do not understand, you should ask an
attorney to explain it to you. This declaration is not valid unless it is signed by two qualified
witnesses who are personally known to you and who are present when you sign or acknowledge your
signature.
Section 122. Section 63-25a-201 is amended to read:
63-25a-201. Creation of council -- Membership -- Terms.
(1) There is created within the governor's office the Utah Substance Abuse and
Anti-Violence Coordinating Council.
(2) The Utah Substance Abuse and Anti-Violence Coordinating Council comprises [26] 25
voting members as follows:
(a) the attorney general or the attorney general's designee;

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(b) a county commissioner designated by the Utah Association of Counties;
(c) the commissioner of public safety or the commissioner's designee;
(d) the director of the Division of Substance Abuse and Mental Health or the director's
designee;
(e) the state superintendent of public instruction or the superintendent's designee;
(f) the director of the Department of Health or the director's designee;
[(g) the director of the Division of Mental Health or the director's designee;]
[(h)] (g) the executive director of the Commission on Criminal and Juvenile Justice or the
executive director's designee;
[(i)] (h) the governor or the governor's designee;
[(j)] (i) the executive director of the Department of Corrections or the executive director's
designee;
[(k)] (j) the director of the Division of Youth Corrections or the director's designee;
[(l)] (k) the chair of the Domestic Violence Advisory Council or the chair's designee;
[(m)] (l) the following members designated to serve four-year terms:
(i) a member of the House of Representatives designated by the speaker;
(ii) a member of the Senate designated by the president;
(iii) a member of the judiciary designated by the chief justice of the Utah Supreme Court;
(iv) a representative designated by the Utah League of Cities and Towns; and
(v) a representative from the offices of minority affairs designated by the directors of those
offices or a designee;
[(n)] (m) the following members appointed by the governor to serve four-year terms:
(i) a representative of the Utah National Guard, appointed by the governor;
(ii) one resident of the state who has been personally affected by domestic violence;
(iii) one resident of the state who has been personally affected by gang violence;
(iv) one resident of the state who has been personally affected by alcohol or other drug
abuse; and
(v) one citizen representative; and

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[(o)] (n) the following members appointed by the members in Subsections (2)(a) through
(2)(n) to serve four-year terms:
(i) a person knowledgeable in criminal justice issues;
(ii) a person knowledgeable in substance abuse treatment issues;
(iii) a person knowledgeable in substance abuse prevention issues; and
(iv) a person knowledgeable in judiciary issues.
Section 123. Section 63-38-2 is amended to read:
63-38-2. Governor to submit budget to Legislature -- Contents -- Preparation --
Appropriations based on current tax laws and not to exceed estimated revenues.
(1) (a) The governor shall, within three days after the convening of the Legislature in the
annual general session, submit a budget for the ensuing fiscal year by delivering it to the presiding
officer of each house of the Legislature together with a schedule for all of the proposed
appropriations of the budget, clearly itemized and classified.
(b) The budget message shall include a projection of estimated revenues and expenditures
for the next fiscal year.
(2) At least 34 days before the submission of any budget, the governor shall deliver a
confidential draft copy of his proposed budget recommendations to the Office of the Legislative
Fiscal Analyst.
(3) (a) The budget shall contain a complete plan of proposed expenditures and estimated
revenues for the next fiscal year based upon the current fiscal year state tax laws and rates.
(b) The budget may be accompanied by a separate document showing proposed expenditures
and estimated revenues based on changes in state tax laws or rates.
(4) The budget shall be accompanied by a statement showing:
(a) the revenues and expenditures for the last fiscal year;
(b) the current assets, liabilities, and reserves, surplus or deficit, and the debts and funds of
the state;
(c) an estimate of the state's financial condition as of the beginning and the end of the period
covered by the budget;

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(d) a complete analysis of lease with an option to purchase arrangements entered into by state
agencies;
(e) the recommendations for each state agency for new full-time employees for the next
fiscal year; which recommendation should be provided also to the State Building Board under
Subsection 63A-5-103 (2);
(f) any explanation the governor may desire to make as to the important features of the
budget and any suggestion as to methods for the reduction of expenditures or increase of the state's
revenue; and
(g) the information detailing certain regulatory fee increases required by Section 63-38-3.2 .
(5) The budget shall include an itemized estimate of the appropriations for:
(a) the Legislative Department as certified to the governor by the president of the Senate and
the speaker of the House;
(b) the Executive Department;
(c) the Judicial Department as certified to the governor by the state court administrator;
(d) payment and discharge of the principal and interest of the indebtedness of the state [of
Utah];
(e) the salaries payable by the state under the Utah Constitution or under law for the lease
agreements planned for the next fiscal year;
(f) other purposes that are set forth in the Utah Constitution or under law; and
(g) all other appropriations.
(6) Deficits or anticipated deficits shall be included in the budget.
(7) (a) (i) For the purpose of preparing and reporting the budget, the governor shall require
from the proper state officials, including public and higher education officials, all heads of executive
and administrative departments and state institutions, bureaus, boards, commissions, and agencies
expending or supervising the expenditure of the state moneys, and all institutions applying for state
moneys and appropriations, itemized estimates of revenues and expenditures. The entities required
by this Subsection (7)(a)(i) to submit itemized estimates of revenues and expenditures to the
governor, shall also report to the Utah Information Technology Commission created in Title 63D,

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Chapter 1, Information Technology Act, before October 30 of each year. The report to the
Information Technology Commission shall include the proposed information technology
expenditures and objectives, the proposed appropriation requests and other sources of revenue
necessary to fund the proposed expenditures and an analysis of:
(A) the entity's need for appropriations for information technology;
(B) how the entity's development of information technology coordinates with other state or
local government entities;
(C) any performance measures used by the entity for implementing information technology
goals; and
(D) any efforts to develop public/private partnerships to accomplish information technology
goals.
(ii) (A) The governor may also require other information under these guidelines and at times
as the governor may direct.
(B) These guidelines may include a requirement for program productivity and performance
measures, where appropriate, with emphasis on outcome indicators.
(b) The estimate for the Legislative Department as certified by the presiding officers of both
houses shall be included in the budget without revision by the governor. Before preparing the
estimates for the Legislative Department, the Legislature shall report to the Information Technology
Commission the proposed information technology expenditures and objectives, the proposed
appropriation requests and other sources of revenue necessary to fund the proposed expenditures,
including an analysis of:
(i) the Legislature's implementation of information technology goals;
(ii) any coordination of information technology with other departments of state and local
government;
(iii) any efforts to develop public/private partnerships to accomplish information technology
goals; and
(iv) any performance measures used by the entity for implementing information technology
goals.

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(c) The estimate for the Judicial Department, as certified by the state court administrator,
shall also be included in the budget without revision, but the governor may make separate
recommendations on it. Before preparing the estimates for the Judicial Department, the state court
administrator shall report to the Information Technology Commission the proposed information
technology expenditures and objectives, the proposed appropriation requests and other sources of
revenue necessary to fund the proposed expenditures, including an analysis of:
(i) the Judicial Department's information technology goals;
(ii) coordination of information technology statewide between all courts;
(iii) any efforts to develop public/private partnerships to accomplish information technology
goals; and
(iv) any performance measures used by the entity for implementing information technology
goals.
(d) Before preparing the estimates for the State Office of Education, the state superintendent
shall report to the Information Technology Commission the proposed information technology
expenditures and objectives, the proposed appropriation requests and other sources of revenue
necessary to fund the proposed expenditures, including an analysis of:
(i) the Office of Education's information technology goals;
(ii) coordination of information technology statewide between all public schools;
(iii) any efforts to develop public/private partnerships to accomplish information technology
goals; and
(iv) any performance measures used by the Office of Education for implementing
information technology goals.
(e) Before preparing the estimates for the state system of Higher Education, the
commissioner shall report to the Information Technology Commission the proposed information
technology expenditures and objectives, the proposed appropriation requests and other sources of
revenue necessary to fund the proposed expenditures, including an analysis of:
(i) Higher Education's information technology goals;
(ii) coordination of information technology statewide within the state system of higher

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education;
(iii) any efforts to develop public/private partnerships to accomplish information technology
goals; and
(iv) any performance measures used by the state system of higher education for
implementing information technology goals.
(f) The governor may require the attendance at budget meetings of representatives of public
and higher education, state departments and institutions, and other institutions or individuals
applying for state appropriations.
(g) The governor may revise all estimates, except those relating to the Legislative
Department, the Judicial Department, and those providing for the payment of principal and interest
to the state debt and for the salaries and expenditures specified by the Utah Constitution or under the
laws of the state.
(8) The total appropriations requested for expenditures authorized by the budget may not
exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing fiscal year.
(9) If any item of the budget as enacted is held invalid upon any ground, the invalidity does
not affect the budget itself or any other item in it.
(10) (a) In submitting the budgets for the Departments of Health and Human Services and
the Office of the Attorney General, the governor shall consider a separate recommendation in his
budget for funds to be contracted to:
(i) local mental health authorities under Section [ 17A-3-606 ] 62A-15-110 ;
(ii) local substance abuse authorities under Section [ 62A-8-110.5 ] 62A-15-110 ;
(iii) area agencies under Section 62A-3-104.2 ;
(iv) programs administered directly by and for operation of the Divisions of Substance
Abuse and Mental Health[, Substance Abuse,] and Aging and Adult Services;
(v) local health departments under Title 26A, Chapter 1, Local Health Departments; and
(vi) counties for the operation of Children's Justice Centers under Section 67-5b-102 .
(b) In his budget recommendations under Subsections (10)(a)(i), (ii), and (iii), the governor
shall consider an amount sufficient to grant local health departments, local mental health authorities,

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local substance abuse authorities, and area agencies the same percentage increase for wages and
benefits that he includes in his budget for persons employed by the state.
(c) If the governor does not include in his budget an amount sufficient to grant the increase
described in Subsection (10)(b), he shall include a message to the Legislature regarding his reason
for not including that amount.
(11) (a) In submitting the budget for the Division of Services for People with Disabilities,
the Division of Child and Family Services, and the Division of Youth Corrections within the
Department of Human Services, the governor shall consider an amount sufficient to grant employees
of corporations that provide direct services under contract with those divisions, the same percentage
increase for cost-of-living that he includes in his budget for persons employed by the state.
(b) If the governor does not include in his budget an amount sufficient to grant the increase
described in Subsection (11)(a), he shall include a message to the Legislature regarding his reason
for not including that amount.
(12) (a) The Families, Agencies, and Communities Together Council may propose to the
governor under Subsection 63-75-4 (4)(e) a budget recommendation for collaborative service delivery
systems operated under Section 63-75-6.5 .
(b) The Legislature may, through a specific program schedule, designate funds appropriated
for collaborative service delivery systems operated under Section 63-75-6.5 .
(13) The governor shall include in his budget the state's portion of the budget for the Utah
Communications Agency Network established in Title 63C, Chapter 7, Utah Communications
Agency Network Act.
Section 124. Section 63-46b-1 is amended to read:
63-46b-1. Scope and applicability of chapter.
(1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
superseding provisions of this chapter by explicit reference to this chapter, the provisions of this
chapter apply to every agency of the state and govern:
(a) all state agency actions that determine the legal rights, duties, privileges, immunities, or
other legal interests of one or more identifiable persons, including all agency actions to grant, deny,

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revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of these actions.
(2) This chapter does not govern:
(a) the procedures for making agency rules, or the judicial review of those procedures or
rules;
(b) the issuance of any notice of a deficiency in the payment of a tax, the decision to waive
penalties or interest on taxes, the imposition of and penalties or interest on taxes, or the issuance of
any tax assessment, except that this chapter governs any agency action commenced by a taxpayer or
by another person authorized by law to contest the validity or correctness of those actions;
(c) state agency actions relating to extradition, to the granting of pardons or parole,
commutations or terminations of sentences, or to the rescission, termination, or revocation of parole
or probation, to the discipline of, resolution of grievances of, supervision of, confinement of, or the
treatment of inmates or residents of any correctional facility, the Utah State Hospital, the Utah State
Developmental Center, or persons in the custody or jurisdiction of the Division of Substance Abuse
and Mental Health, or persons on probation or parole, or judicial review of those actions;
(d) state agency actions to evaluate, discipline, employ, transfer, reassign, or promote
students or teachers in any school or educational institution, or judicial review of those actions;
(e) applications for employment and internal personnel actions within an agency concerning
its own employees, or judicial review of those actions;
(f) the issuance of any citation or assessment under Title 34A, Chapter 6, Utah Occupational
Safety and Health Act, and Title 58, Chapter 55, Utah Construction Trades Licensing Act, except
that this chapter governs any agency action commenced by the employer, licensee, or other person
authorized by law to contest the validity or correctness of the citation or assessment;
(g) state agency actions relating to management of state funds, the management and disposal
of school and institutional trust land assets, and contracts for the purchase or sale of products, real
property, supplies, goods, or services by or for the state, or by or for an agency of the state, except
as provided in those contracts, or judicial review of those actions;
(h) state agency actions under Title 7, Chapter 1, Article 3, Powers and Duties of

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Commissioner of Financial Institutions; and Title 7, Chapter 2, Possession of Depository Institution
by Commissioner; Title 7, Chapter 19, Acquisition of Failing Depository Institutions or Holding
Companies; and Title 63, Chapter 30, Utah Governmental Immunity Act, or judicial review of those
actions;
(i) the initial determination of any person's eligibility for unemployment benefits, the initial
determination of any person's eligibility for benefits under Title 34A, Chapter 2, Workers'
Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial
determination of a person's unemployment tax liability;
(j) state agency actions relating to the distribution or award of monetary grants to or between
governmental units, or for research, development, or the arts, or judicial review of those actions;
(k) the issuance of any notice of violation or order under Title 26, Chapter 8a, Utah
Emergency Medical Services System Act; Title 19, Chapter 2, Air Conservation Act; Title 19,
Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act; Title 19, Chapter
5, Water Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19, Chapter
6, Part 4, Underground Storage Tank Act; or Title 19, Chapter 6, Part 7, Used Oil Management Act,
except that this chapter governs any agency action commenced by any person authorized by law to
contest the validity or correctness of the notice or order;
(l) state agency actions, to the extent required by federal statute or regulation to be conducted
according to federal procedures;
(m) the initial determination of any person's eligibility for government or public assistance
benefits;
(n) state agency actions relating to wildlife licenses, permits, tags, and certificates of
registration;
(o) licenses for use of state recreational facilities;
(p) state agency actions under Title 63, Chapter 2, Government Records Access and
Management Act, except as provided in Section 63-2-603 ;
(q) state agency actions relating to the collection of water commissioner fees and
delinquency penalties, or judicial review of those actions; and

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(r) state agency actions relating to the installation, maintenance, and repair of headgates,
caps, values, or other water controlling works and weirs, flumes, meters, or other water measuring
devices, or judicial review of those actions.
(3) This chapter does not affect any legal remedies otherwise available to:
(a) compel an agency to take action; or
(b) challenge an agency's rule.
(4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
proceeding, or the presiding officer during an adjudicative proceeding from:
(a) requesting or ordering conferences with parties and interested persons to:
(i) encourage settlement;
(ii) clarify the issues;
(iii) simplify the evidence;
(iv) facilitate discovery; or
(v) expedite the proceedings; or
(b) granting a timely motion to dismiss or for summary judgment if the requirements of Rule
12(b) or Rule 56, respectively, of the Utah Rules of Civil Procedure are met by the moving party,
except to the extent that the requirements of those rules are modified by this chapter.
(5) (a) Declaratory proceedings authorized by Section 63-46b-21 are not governed by this
chapter, except as explicitly provided in that section.
(b) Judicial review of declaratory proceedings authorized by Section 63-46b-21 are governed
by this chapter.
(6) This chapter does not preclude an agency from enacting rules affecting or governing
adjudicative proceedings or from following any of those rules, if the rules are enacted according to
the procedures outlined in Title 63, Chapter 46a, Utah Administrative Rulemaking Act, and if the
rules conform to the requirements of this chapter.
(7) (a) If the attorney general issues a written determination that any provision of this chapter
would result in the denial of funds or services to an agency of the state from the federal government,
the applicability of those provisions to that agency shall be suspended to the extent necessary to

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prevent the denial.
(b) The attorney general shall report the suspension to the Legislature at its next session.
(8) Nothing in this chapter may be interpreted to provide an independent basis for
jurisdiction to review final agency action.
(9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good cause
shown, from lengthening or shortening any time period prescribed in this chapter, except those time
periods established for judicial review.
Section 125. Section 63-63a-7 is amended to read:
63-63a-7. Intoxicated Driver Rehabilitation Account share of surcharge.
The Division of Finance shall allocate 7.5% of the collected surcharge established in Section
63-63a-1 , but not to exceed the amount appropriated by the Legislature, to the Intoxicated Driver
Rehabilitation Account established by Section [ 62A-8-303 ] 62A-15-503 .
Section 126. Section 63-75-5 is amended to read:
63-75-5. Steering committee -- Membership -- Duties.
(1) As used in this section, "Council of Mental Health Programs" means a council consisting
of all of the directors of Utah public mental health centers.
(2) There is established a Families, Agencies, and Communities Together Steering
Committee.
(3) The steering committee shall include at least [19] 18 voting members as follows:
(a) the director of the Division of Health Care Financing within the Department of Health;
(b) a representative annually designated by the Council of Mental Health Programs;
(c) the director of the Division of Substance Abuse and Mental Health within the Department
of Human Services;
(d) the director of the Division of Youth Corrections within the Department of Human
Services;
(e) the state director of special education;
(f) the person responsible for programs for at risk students within the Utah State Office of
Education, if that person is not the state director of special education;

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(g) the Juvenile Court Administrator;
(h) a representative annually designated by substance abuse directors;
(i) the director of the Division of Child and Family Services within the Department of
Human Services;
[(j) the director of the Division of Mental Health within the Department of Human Services;]
[(k)] (j) the director of family health services programs;
[(l)] (k) a representative annually designated by the Utah School Superintendents
Association;
[(m)] (l) a juvenile court judge designated by the presiding officer of the state Judicial
Council;
[(n)] (m) a representative annually designated by the local health officers;
[(o)] (n) a representative annually designated by the executive director of the Department of
Workforce Services;
[(p)] (o) three at-large members appointed by a majority of the committee to four-year terms,
who represent a statewide perspective on children and youth issues; and
[(q)] (p) parent representatives appointed by members specified in Subsections (3)(a)
through [(p)] (o).
(4) Additional members may be selected by a majority of the committee to serve as voting
members for four-year terms.
(5) (a) Except as required by Subsection (5)(b), as terms of current at-large committee
members expire, the committee shall appoint each new member or reappointed member to a
four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the committee shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large
committee members are staggered so that approximately half of the at-large committee members are
appointed every two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.

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(7) The members shall annually elect a chair and vice chair.
(8) A majority of committee members are necessary to constitute a quorum and to transact
the business of the committee.
(9) (a) (i) Members who are not government employees may not receive 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 committee 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.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
(10) The committee shall:
(a) assist the council in fulfilling its duties set out in Section 63-75-4 ;
(b) monitor, solicit input for policy changes, and provide technical assistance to local
collaborative programs; and
(c) report any formal recommendations to the council.
Section 127. Section 64-13-7.5 is amended to read:
64-13-7.5. Persons in need of mental health services -- Contracts.
(1) Except as provided for in Subsection (2), when the department determines that a person

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in its custody is in need of mental health services, the department shall contract with the Division
of Substance Abuse and Mental Health, local mental health authorities, or the state hospital to
provide mental health services for that person. Those services may be provided at the Utah State
Hospital or in community programs provided by or under contract with the Division of Substance
Abuse and Mental Health, a local mental health authority, or other public or private mental health
care providers.
(2) If the Division of Substance Abuse and Mental Health, a local mental health authority,
or the state hospital notifies the department that it is unable to provide mental health services under
Subsection (1), the department may contract with other public or private mental health care providers
to provide mental health services for persons in its custody.
(3) A person who provides mental health services for sex offender treatment as required in
Section 64-13-6 shall be licensed as a mental health professional in accordance with Title 58,
Chapter 60, Mental Health Professional Practice Act, or Title 58, Chapter 61, Psychologist Licensing
Act, and exhibit competency to practice in the area of sex offender treatment based on education,
training, and practice.
Section 128. Section 76-5-412 is amended to read:
76-5-412. Custodial sexual relations -- Custodial sexual misconduct -- Definitions --
Penalties -- Defenses.
(1) As used in this section:
(a) "Actor" means:
(i) a correctional officer, as defined in Section 53-13-104 ;
(ii) a law enforcement officer, as defined in Section 53-13-103 ; or
(iii) an employee of, or private provider or contractor for, the Department of Corrections or
a county jail.
(b) "Person in custody" means a person, either an adult 18 years of age or older, or a minor
younger than 18 years of age, who is:
(i) a prisoner, as defined in Section 76-5-101 , and includes a prisoner who is in the custody
of the Department of Corrections created under Section 64-13-2 , but who is being housed at the Utah

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State Hospital established under Section [ 62A-12-201 ] 62A-15-601 or other medical facility;
(ii) under correctional supervision, such as at a work release facility or as a parolee or
probationer; or
(iii) under lawful or unlawful arrest, either with or without a warrant.
(c) "Private provider or contractor" means any person or entity that contracts with the
Department of Corrections or with a county jail to provide services or functions that are part of the
operation of the Department of Corrections or a county jail under state or local law.
(2) (a) An actor commits custodial sexual relations if the actor commits any of the acts under
Subsection (3):
(i) under circumstances not amounting to commission of, or an attempt to commit, an
offense under Subsection (6); and
(ii) (A) the actor knows that the individual is a person in custody; or
(B) a reasonable person in the actor's position should have known under the circumstances
that the individual was a person in custody.
(b) A violation of Subsection (2)(a) is a third degree felony, but if the person in custody is
younger than 18 years of age, a violation of Subsection (2)(a) is a second degree felony.
(c) If the act committed under this Subsection (2) amounts to an offense subject to a greater
penalty under another provision of state law than is provided under this Subsection (2), this
Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
(3) Acts referred to in Subsection (2)(a) are:
(a) having sexual intercourse with a person in custody;
(b) engaging in any sexual act with a person in custody involving the genitals of one person
and the mouth or anus of another person, regardless of the sex of either participant; or
(c) causing the penetration, however slight, of the genital or anal opening of a person in
custody by any foreign object, substance, instrument, or device, including a part of the human body,
with the intent to cause substantial emotional or bodily pain to any person, regardless of the sex of
any participant.
(4) (a) An actor commits custodial sexual misconduct if the actor commits any of the acts

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under Subsection (5):
(i) under circumstances not amounting to commission of, or an attempt to commit, an
offense under Subsection (6); and
(ii) (A) the actor knows that the individual is a person in custody; or
(B) a reasonable person in the actor's position should have known under the circumstances
that the individual was a person in custody.
(b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the person in custody
is younger than 18 years of age, a violation of Subsection (4)(a) is a third degree felony.
(c) If the act committed under this Subsection (4) amounts to an offense subject to a greater
penalty under another provision of state law than is provided under this Subsection (4), this
Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
(5) Acts referred to in Subsection (4)(a) are the following acts when committed with the
intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or
gratify the sexual desire of any person, regardless of the sex of any participant:
(a) touching the anus, buttocks, or any part of the genitals of a person in custody;
(b) touching the breast of a female person in custody;
(c) otherwise taking indecent liberties with a person in custody; or
(d) causing a person in custody to take indecent liberties with the actor or another person.
(6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
(a) Section 76-5-401 , unlawful sexual activity with a minor;
(b) Section 76-5-402 , rape;
(c) Section 76-5-402.1 , rape of a child;
(d) Section 76-5-402.2 , object rape;
(e) Section 76-5-402.3 , object rape of a child;
(f) Section 76-5-403 , forcible sodomy;
(g) Section 76-5-403.1 , sodomy on a child;
(h) Section 76-5-404 , forcible sexual abuse;
(i) Section 76-5-404.1 , sexual abuse of a child or aggravated sexual abuse of a child; or

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(j) Section 76-5-405 , aggravated sexual assault.
(7) (a) It is not a defense to the commission of the offense of custodial sexual relations under
Subsection (2) or custodial sexual misconduct under Subsection (4), or an attempt to commit either
of these offenses, if the person in custody is younger than 18 years of age, that the actor:
(i) mistakenly believed the person in custody to be 18 years of age or older at the time of the
alleged offense; or
(ii) was unaware of the true age of the person in custody.
(b) Consent of the person in custody is not a defense to any violation or attempted violation
of Subsection (2) or (4).
(8) It is a defense that the commission by the actor of an act under Subsection (2) or (4) is
the result of compulsion, as the defense is described in Subsection 76-2-302 (1).
Section 129. Section 76-8-311.1 is amended to read:
76-8-311.1. Secure areas -- Items prohibited -- Penalty.
(1) In addition to the definitions in Section 76-10-501 , as used in this section:
(a) "Correctional facility" has the same meaning as defined in Section 76-8-311.3 .
(b) "Explosive" has the same meaning as defined for "explosive, chemical, or incendiary
device" defined in Section 76-10-306 .
(c) "Law enforcement facility" means a facility which is owned, leased, or operated by a law
enforcement agency.
(d) "Mental health facility" has the same meaning as defined in Section [ 62A-12-202 ]
62A-15-602 .
(e) (i) "Secure area" means any area into which certain persons are restricted from
transporting any firearm, ammunition, dangerous weapon, or explosive.
(ii) A "secure area" may not include any area normally accessible to the public.
(2) (a) A person in charge of a correctional, law enforcement, or mental health facility may
establish secure areas within the facility and may prohibit or control by rule any firearm,
ammunition, dangerous weapon, or explosive.
(b) Subsections (2)(a), (3), (4), (5), and (6) apply to higher education secure area hearing

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rooms referred to in Subsections 53B-3-103 (2)(a)(ii) and (b).
(3) At least one notice shall be prominently displayed at each entrance to an area in which
a firearm, ammunition, dangerous weapon, or explosive is restricted.
(4) (a) Provisions shall be made to provide a secure weapons storage area so that persons
entering the secure area may store their weapons prior to entering the secure area.
(b) The entity operating the facility shall be responsible for weapons while they are stored
in the storage area.
(5) It is a defense to any prosecution under this section that the accused, in committing the
act made criminal by this section, acted in conformity with the facility's rule or policy established
pursuant to this section.
(6) (a) Any person who knowingly or intentionally transports into a secure area of a facility
any firearm, ammunition, or dangerous weapon is guilty of a third degree felony.
(b) Any person violates Section 76-10-306 who knowingly or intentionally transports,
possesses, distributes, or sells any explosive in a secure area of a facility.
Section 130. Section 76-8-311.3 is amended to read:
76-8-311.3. Items prohibited in correctional and mental health facilities -- Penalties.
(1) As used in this section:
(a) "Contraband" means any item not specifically prohibited for possession by offenders
under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
(b) "Controlled substance" means any substance defined as a controlled substance under
Title 58, Chapter 37, Utah Controlled Substances Act.
(c) "Correctional facility" means:
(i) any facility operated by or contracting with the Department of Corrections to house
offenders in either a secure or nonsecure setting;
(ii) any facility operated by a municipality or a county to house or detain criminal offenders;
(iii) any juvenile detention facility; and
(iv) any building or grounds appurtenant to the facility or lands granted to the state,
municipality, or county for use as a correctional facility.

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(d) "Medicine" means any prescription drug as defined in Title 58, Chapter 17a, Pharmacy
Practice Act, but does not include any controlled substances as defined in Title 58, Chapter 37, Utah
Controlled Substances Act.
(e) "Mental health facility" has the same meaning as defined in Section [ 62A-12-202 ]
62A-15-602 .
(f) "Offender" means a person in custody at a correctional facility.
(g) "Secure area" has the same meaning as provided in Section 76-8-311.1 .
(2) Notwithstanding Section 76-10-500 , a correctional or mental health facility may provide
by rule that no firearm, ammunition, dangerous weapon, implement of escape, explosive, controlled
substance, spirituous or fermented liquor, medicine, or poison in any quantity may be:
(a) transported to or upon a correctional or mental health facility;
(b) sold or given away at any correctional or mental health facility;
(c) given to or used by any offender at a correctional or mental health facility; or
(d) knowingly or intentionally possessed at a correctional or mental health facility.
(3) It is a defense to any prosecution under this section if the accused in committing the act
made criminal by this section:
(a) with respect to a correctional facility operated by the Department of Corrections, acted
in conformity with departmental rule or policy;
(b) with respect to a correctional facility operated by a municipality, acted in conformity with
the policy of the municipality;
(c) with respect to a correctional facility operated by a county, acted in conformity with the
policy of the county; or
(d) with respect to a mental health facility, acted in conformity with the policy of the mental
health facility.
(4) (a) Any person who transports to or upon a correctional facility, or into a secure area of
a mental health facility, any firearm, ammunition, dangerous weapon, or implement of escape with
intent to provide or sell it to any offender, is guilty of a second degree felony.
(b) Any person who provides or sells to any offender at a correctional facility, or any

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detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous weapon,
or implement of escape is guilty of a second degree felony.
(c) Any offender who possesses at a correctional facility, or any detainee who possesses at
a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement
of escape is guilty of a second degree felony.
(d) Any person who, without the permission of the authority operating the correctional
facility or the secure area of a mental health facility, knowingly possesses at a correctional facility
or a secure area of a mental health facility any firearm, ammunition, dangerous weapon, or
implement of escape is guilty of a third degree felony.
(e) Any person violates Section 76-10-306 who knowingly or intentionally transports,
possesses, distributes, or sells any explosive in a correctional facility or mental health facility.
(5) (a) A person is guilty of a third degree felony who, without the permission of the authority
operating the correctional facility or secure area of a mental health facility, knowingly transports to
or upon a correctional facility or into a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison in any quantity.
(b) A person is guilty of a third degree felony who knowingly violates correctional or mental
health facility policy or rule by providing or selling to any offender at a correctional facility or
detainee within a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison in any quantity.
(c) An inmate is guilty of a third degree felony who, in violation of correctional or mental
health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health
facility any:
(i) spirituous or fermented liquor;
(ii) medicine, other than medicine provided by the facility's health care providers in

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compliance with facility policy; or
(iii) poison in any quantity.
(d) A person is guilty of a class A misdemeanor who, without the permission of the authority
operating the correctional or mental health facility, fails to declare or knowingly possesses at a
correctional facility or in a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine; or
(iii) poison in any quantity.
(e) A person is guilty of a class B misdemeanor who, without the permission of the authority
operating the facility, knowingly engages in any activity that would facilitate the possession of any
contraband by an offender in a correctional facility.
(f) Exemptions may be granted for worship for Native American inmates pursuant to Section
64-13-40 .
(6) The possession, distribution, or use of a controlled substance at a correctional facility or
in a secure area of a mental health facility shall be prosecuted in accordance with Title 58, Chapter
37, Utah Controlled Substances Act.
Section 131. Section 76-10-1312 is amended to read:
76-10-1312. Notice to offender of HIV positive test results.
(1) A person convicted under Section 76-10-1302 , 76-10-1303 , or 76-10-1313 who has
tested positive for the HIV infection shall be notified of the test results in person at the sentencing
hearing in the presence of the judge and counsel only.
(2) Whenever practicable, prior to notification in the district court, the offender shall be
served personally with written notice by the local law enforcement agency at a meeting with a local
law enforcement officer and a person from the state or county health department.
(a) At that meeting, the offender shall be informed of the test results and counseled on HIV
infection and its effects.
(b) The local law enforcement agency shall arrange the time and place of notification and
counseling.

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(3) The notice shall contain the following information:
(a) the date of the test;
(b) the positive test results;
(c) the name of the HIV positive individual; and
(d) the following language:
"A person who has been convicted of prostitution under Section 76-10-1302 , patronizing a
prostitute under Section 76-10-1303 , or sexual solicitation under Section 76-10-1313 after being
tested and diagnosed as an HIV positive individual and receiving actual notice and personal written
notice of the positive test results shall be guilty of a felony of the third degree pursuant to Section
76-10-1309 ."
(4) Upon conviction under Section 76-10-1309 , and as a condition of probation, the offender
shall receive treatment and counseling for HIV infection and drug abuse as provided in Title 62A,
Chapter [8] 15, Substance Abuse and Mental Health Act.
Section 132. Section 77-15-5 is amended to read:
77-15-5. Order for hearing -- Stay of other proceedings -- Examinations of defendant
-- Scope of examination and report.
(1) When a petition is filed pursuant to Section 77-15-3 raising the issue of the defendant's
competency to stand trial or when the court raises the issue of the defendant's competency pursuant
to Section 77-15-4 , the court in which proceedings are pending shall stay all proceedings. If the
proceedings are in a court other than the district court in which the petition is filed, the district court
shall notify that court of the filing of the petition. The district court in which the petition is filed
shall pass upon the sufficiency of the allegations of incompetency. If a petition is opposed by either
party, the court shall, prior to granting or denying the petition, hold a limited hearing solely for the
purpose of determining the sufficiency of the petition. If the court finds that the allegations of
incompetency raise a bona fide doubt as to the defendant's competency to stand trial, it shall enter
an order for a hearing on the mental condition of the person who is the subject of the petition.
(2) (a) After the granting of a petition and prior to a full competency hearing, the court may
order the Department of Human Services to examine the person and to report to the court concerning

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the defendant's mental condition.
(b) The defendant shall be examined by at least two mental health experts not involved in
the current treatment of the defendant.
(c) If the issue is sufficiently raised in the petition or if it becomes apparent that the
defendant may be incompetent due to mental retardation, at least one expert experienced in mental
retardation assessment shall evaluate the defendant. Upon appointment of the experts, the petitioner
or other party as directed by the court shall provide information and materials to the examiners
relevant to a determination of the defendant's competency and shall provide copies of the charging
document, arrest or incident reports pertaining to the charged offense, known criminal history
information, and known prior mental health evaluations and treatments.
(d) The court may make the necessary orders to provide the information listed in Subsection
(2)(c) to the examiners.
(3) During the examination under Subsection (2), unless the court or the executive director
of the department directs otherwise, the defendant shall be retained in the same custody or status he
was in at the time the examination was ordered.
(4) The experts shall in the conduct of their examination and in their report to the court
consider and address, in addition to any other factors determined to be relevant by the experts:
(a) the defendant's present capacity to:
(i) comprehend and appreciate the charges or allegations against him;
(ii) disclose to counsel pertinent facts, events, and states of mind;
(iii) comprehend and appreciate the range and nature of possible penalties, if applicable, that
may be imposed in the proceedings against him;
(iv) engage in reasoned choice of legal strategies and options;
(v) understand the adversary nature of the proceedings against him;
(vi) manifest appropriate courtroom behavior; and
(vii) testify relevantly, if applicable;
(b) the impact of the mental disorder, or mental retardation, if any, on the nature and quality
of the defendant's relationship with counsel;

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(c) if psychoactive medication is currently being administered:
(i) whether the medication is necessary to maintain the defendant's competency; and
(ii) the effect of the medication, if any, on the defendant's demeanor and affect and ability
to participate in the proceedings.
(5) If the expert's opinion is that the defendant is incompetent to proceed, the expert shall
indicate in the report:
(a) which of the above factors contributes to the defendant's incompetency;
(b) the nature of the defendant's mental disorder or mental retardation and its relationship
to the factors contributing to the defendant's incompetency;
(c) the treatment or treatments appropriate and available; and
(d) the defendant's capacity to give informed consent to treatment to restore competency.
(6) The experts examining the defendant shall provide an initial report to the court and the
prosecuting and defense attorneys within 30 days of the receipt of the court's order. The report shall
inform the court of the examiner's opinion concerning the competency of the defendant to stand trial,
or, in the alternative, the examiner may inform the court in writing that additional time is needed to
complete the report. If the examiner informs the court that additional time is needed, the examiner
shall have up to an additional 30 days to provide the report to the court and counsel. The examiner
must provide the report within 60 days from the receipt of the court's order unless, for good cause
shown, the court authorizes an additional period of time to complete the examination and provide
the report.
(7) Any written report submitted by the experts shall:
(a) identify the specific matters referred for evaluation;
(b) describe the procedures, techniques, and tests used in the examination and the purpose
or purposes for each;
(c) state the expert's clinical observations, findings, and opinions on each issue referred for
examination by the court, and indicate specifically those issues, if any, on which the expert could
not give an opinion; and
(d) identify the sources of information used by the expert and present the basis for the

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expert's clinical findings and opinions.
(8) (a) Any statement made by the defendant in the course of any competency examination,
whether the examination is with or without the consent of the defendant, any testimony by the expert
based upon such statement, and any other fruits of the statement may not be admitted in evidence
against the defendant in any criminal proceeding except on an issue respecting mental condition on
which the defendant has introduced evidence. The evidence may be admitted, however, where
relevant to a determination of the defendant's competency.
(b) Prior to examining the defendant, examiners should specifically advise the defendant of
the limits of confidentiality as provided under this Subsection (8).
(9) When the report is received the court shall set a date for a mental hearing which shall be
held in not less than five and not more than 15 days, unless the court enlarges the time for good
cause. The hearing shall be conducted according to the procedures outlined in Subsections
[ 62A-12-234 ] 62A-15-631 (9)(b) through (9)(f). Any person or organization directed by the
department to conduct the examination may be subpoenaed to testify at the hearing. If the experts
are in conflict as to the competency of the defendant, all experts should be called to testify at the
hearing if reasonably available. The court may call any examiner to testify at the hearing who is not
called by the parties. If the court calls an examiner, counsel for the parties may cross-examine the
expert.
(10) A person shall be presumed competent unless the court, by a preponderance of the
evidence, finds the person incompetent to proceed. The burden of proof is upon the proponent of
incompetency at the hearing. An adjudication of incompetency to proceed shall not operate as an
adjudication of incompetency to give informed consent for medical treatment or for any other
purpose, unless specifically set forth in the court order.
(11) (a) If the court finds the defendant incompetent to stand trial, its order shall contain
findings addressing each of the factors in Subsections [ 77-15-5 ](4)(a) and (b) of this section. The
order issued pursuant to Subsection 77-15-6 (1) which the court sends to the facility where the
defendant is committed or to the person who is responsible for assessing his progress toward
competency shall be provided contemporaneously with the transportation and commitment order of

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the defendant, unless exigent circumstances require earlier commitment in which case the court shall
forward the order within five working days of the order of transportation and commitment of the
defendant.
(b) The order finding the defendant incompetent to stand trial shall be accompanied by:
(i) copies of the reports of the experts filed with the court pursuant to the order of
examination if not provided previously;
(ii) copies of any of the psychiatric, psychological, or social work reports submitted to the
court relative to the mental condition of the defendant; and
(iii) any other documents made available to the court by either the defense or the
prosecution, pertaining to the defendant's current or past mental condition.
(12) If the court finds it necessary to order the defendant transported prior to the completion
of findings and compilation of documents required under Subsection (11), the transportation and
commitment order delivering the defendant to the Utah State Hospital, or other mental health facility
as directed by the executive director of the Department of Human Services or his designee, shall
indicate that the defendant's commitment is based upon a finding of incompetency, and the mental
health facility's copy of the order shall be accompanied by the reports of any experts filed with the
court pursuant to the order of examination. The executive director of the Department of Human
Services or his designee may refuse to accept a defendant as a patient unless he is accompanied by
a transportation and commitment order which is accompanied by the reports.
(13) Upon a finding of incompetency to stand trial by the court, the prosecuting and defense
attorneys shall provide information and materials relevant to the defendant's competency to the
facility where the defendant is committed or to the person responsible for assessing his progress
towards competency. In addition to any other materials, the prosecuting attorney shall provide:
(a) copies of the charging document and supporting affidavits or other documents used in
the determination of probable cause;
(b) arrest or incident reports prepared by a law enforcement agency pertaining to the charged
offense; and
(c) information concerning the defendant's known criminal history.

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(14) The court may make any reasonable order to insure compliance with this section.
(15) Failure to comply with this section shall not result in the dismissal of criminal charges.
Section 133. Section 77-15-6 is amended to read:
77-15-6. Commitment on finding of incompetency to stand trial -- Subsequent hearings
-- Notice to prosecuting attorneys.
(1) Except as provided in Subsection (5), if after hearing, the person is found to be
incompetent to stand trial, the court shall order the defendant committed to the custody of the
executive director of the Department of Human Services or his designee for the purpose of treatment
intended to restore the defendant to competency. The court may recommend but not order placement
of the defendant. The court may, however, order that the defendant be placed in a secure setting
rather than a nonsecure setting. The director or his designee shall designate the specific placement
of the defendant during the period of evaluation and treatment to restore competency.
(2) The examiner or examiners designated by the executive director to assess the defendant's
progress toward competency may not be involved in the routine treatment of the defendant. The
examiner or examiners shall provide a full report to the court and prosecuting and defense attorneys
within 90 days of receipt of the court's order. If any examiner is unable to complete the assessment
within 90 days, that examiner shall provide to the court and counsel a summary progress report
which informs the court that additional time is necessary to complete the assessment, in which case
the examiner shall have up to an additional 90 days to provide the full report. The full report shall
assess:
(a) the facility's or program's capacity to provide appropriate treatment for the defendant;
(b) the nature of treatments provided to the defendant;
(c) what progress toward competency restoration has been made with respect to the factors
identified by the court in its initial order;
(d) the defendant's current level of mental disorder or mental retardation and need for
treatment, if any; and
(e) the likelihood of restoration of competency and the amount of time estimated to achieve
it.

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(3) The court on its own motion or upon motion by either party or by the executive director
may appoint additional mental health examiners to examine the defendant and advise the court on
his current mental status and progress toward competency restoration.
(4) Upon receipt of the full report, the court shall hold a hearing to determine the defendant's
current status. At the hearing, the burden of proving that the defendant is competent is on the
proponent of competency. Following the hearing, the court shall determine by a preponderance of
evidence whether the defendant is:
(a) competent to stand trial;
(b) incompetent to stand trial with a substantial probability that the defendant may become
competent in the foreseeable future; or
(c) incompetent to stand trial without a substantial probability that the defendant may
become competent in the foreseeable future.
(5) (a) If the court enters a finding pursuant to Subsection (4)(a), the court shall proceed with
the trial or such other procedures as may be necessary to adjudicate the charges.
(b) If the court enters a finding pursuant to Subsection (4)(b), the court may order that the
defendant remain committed to the custody of the executive director of the Department of Human
Services or his designee for the purpose of treatment intended to restore the defendant to
competency.
(c) If the court enters a finding pursuant to Subsection (4)(c), the court shall order the
defendant released from the custody of the director unless the prosecutor informs the court that
commitment proceedings pursuant to Title 62A, Chapter 5, Services to People with Disabilities, or
Title 62A, Chapter [12,] 15, Substance Abuse and Mental Health Act, [or Title 62A, Chapter 5,
Services to People with Disabilities,] will be initiated. These commitment proceedings must be
initiated within seven days after the court's order entering the finding in Subsection (4)(c), unless the
court enlarges the time for good cause shown. The defendant may be ordered to remain in the
custody of the director until commitment proceedings have been concluded. If the defendant is
committed, the court which entered the order pursuant to Subsection (4)(c), shall be notified by the
director at least ten days prior to any release of the committed person.

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(6) If the defendant is recommitted to the department pursuant to Subsection (5)(b), the court
shall hold a hearing one year following the recommitment.
(7) At the hearing held pursuant to Subsection (6), except for defendants charged with the
crimes listed in Subsection (8), a defendant who has not been restored to competency shall be
ordered released or temporarily detained pending civil commitment proceedings under the same
terms as provided in Subsection (5)(c).
(8) If the defendant has been charged with aggravated murder, murder, attempted murder,
manslaughter, or a first degree felony and the court determines that the defendant is making
reasonable progress towards restoration of competency at the time of the hearing held pursuant to
Subsection (6), the court may order the defendant recommitted for a period not to exceed 18 months
for the purpose of treatment to restore the defendant to competency with a mandatory review hearing
at the end of the 18-month period.
(9) Except for defendants charged with aggravated murder or murder, a defendant who has
not been restored to competency at the time of the hearing held pursuant to Subsection (8) shall be
ordered released or temporarily detained pending civil commitment proceedings under the same
terms as provided in Subsection (5)(c).
(10) If the defendant has been charged with aggravated murder or murder and the court
determines that he is making reasonable progress towards restoration of competency at the time of
the mandatory review hearing held pursuant to Subsection (8), the court may order the defendant
recommitted for a period not to exceed 36 months for the purpose of treatment to restore him to
competency.
(11) If the defendant is recommitted to the department pursuant to Subsection (10), the court
shall hold a hearing no later than at 18-month intervals following the recommitment for the purpose
of determining the defendant's competency status.
(12) A defendant who has not been restored to competency at the expiration of the additional
36-month commitment period ordered pursuant to Subsection (10) shall be ordered released or
temporarily detained pending civil commitment proceedings under the same terms as provided in
Subsection (5)(c).

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(13) In no event may the maximum period of detention under this section exceed the
maximum period of incarceration which the defendant could receive if he were convicted of the
charged offense. This Subsection (13) does not preclude pursuing involuntary civil commitment nor
does it place any time limit on civil commitments.
(14) Neither release from a pretrial incompetency commitment under the provisions of this
section nor civil commitment requires dismissal of criminal charges. The court may retain
jurisdiction over the criminal case and may order periodic reviews to assess the defendant's
competency to stand trial.
(15) A defendant who is civilly committed pursuant to Title 62A, Chapter 5, Services to
People with Disabilities, or Title 62A, Chapter [12,] 15, Substance Abuse and Mental Health Act,
[or Title 62A, Chapter 5, Services to People with Disabilities,] may still be adjudicated competent
to stand trial under this chapter.
(16) (a) The remedy for a violation of the time periods specified in this section, other than
those specified in Subsection (5)(c), (7), (9), (12), or (13), shall be a motion to compel the hearing,
or mandamus, but not release from detention or dismissal of the criminal charges.
(b) The remedy for a violation of the time periods specified in Subsection (5)(c), (7), (9),
(12), or (13) shall not be dismissal of the criminal charges.
(17) In cases in which the treatment of the defendant is precluded by court order for a period
of time, that time period may not be considered in computing time limitations under this section.
(18) At any time that the defendant becomes competent to stand trial, the clinical director
of the hospital or other facility or the executive director of the Department of Human Services shall
certify that fact to the court. The court shall conduct a hearing within 15 working days of the receipt
of the clinical director's or executive director's report, unless the court enlarges the time for good
cause.
(19) The court may order a hearing or rehearing at any time on its own motion or upon
recommendations of the clinical director of the hospital or other facility or the executive director of
the Department of Human Services.
(20) Notice of a hearing on competency to stand trial shall be given to the prosecuting

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attorney. If the hearing is held in the county where the defendant is confined, notice shall also be
given to the prosecuting attorney for that county.
Section 134. Section 77-16a-202 is amended to read:
77-16a-202. Person found guilty and mentally ill -- Commitment to department --
Admission to Utah State Hospital.
(1) In sentencing and committing a mentally ill offender to the department under Subsection
77-16a-104 (3)(a), the court shall:
(a) sentence the offender to a term of imprisonment and order that he be committed to the
department and admitted to the Utah State Hospital for care and treatment until transferred to UDC
in accordance with Sections 77-16a-203 and 77-16a-204 , making provision for readmission to the
Utah State Hospital whenever the requirements and conditions of Section 77-16a-204 are met; or
(b) sentence the offender to a term of imprisonment and order that he be committed to the
department for care and treatment for no more than 18 months, or until the offender's condition has
been stabilized to the point that commitment to the department and admission to the Utah State
Hospital is no longer necessary to ensure adequate mental health treatment, whichever occurs first.
At the expiration of that time, the court may recall the sentence and commitment, and resentence the
offender. A commitment and retention of jurisdiction under this Subsection (1)(b) shall be specified
in the sentencing order. If that specification is not included in the sentencing order, the offender
shall be committed in accordance with Subsection (1)(a).
(2) The court may not retain jurisdiction, under Subsection (1)(b), over the sentence of a
mentally ill offender who has been convicted of a capital felony. In capital cases, the court shall
make the findings required by this section after the capital sentencing proceeding mandated by
Section 76-3-207 .
(3) When an offender is committed to the department and admitted to the Utah State
Hospital under Subsection (1)(b), the department shall provide the court with reports of the
offender's mental health status every six months. Those reports shall be prepared in accordance with
the requirements of Section 77-16a-203 . Additionally, the court may appoint an independent
examiner to assess the mental health status of the offender.

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(4) The period of commitment to the department and admission to the Utah State Hospital,
and any subsequent retransfers to the Utah State Hospital made pursuant to Section 77-16a-204 may
not exceed the maximum sentence imposed by the court. Upon expiration of that sentence, the
administrator of the facility where the offender is located may initiate civil proceedings for
involuntary commitment in accordance with Title 62A, Chapter 5, Services to People with
Disabilities, or Title 62A, Chapter [12] 15, Substance Abuse and Mental Health Act [or Title 62A,
Chapter 5].
Section 135. 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
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

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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-12-204.6 ] 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 .
Section 136. Section 77-16a-302 is amended to read:
77-16a-302. Persons found not guilty by reason of insanity -- Disposition.
(1) Upon a verdict of not guilty by reason of insanity, the court shall conduct a hearing
within ten days to determine whether the defendant is currently mentally ill. The defense counsel and
prosecutors may request further evaluations and present testimony from those examiners.
(2) After the hearing and upon consideration of the record, the court shall order the
defendant committed to the department if it finds by clear and convincing evidence that:
(a) the defendant is still mentally ill; and
(b) because of that mental illness the defendant presents a substantial danger to himself or
others.
(3) The period of commitment described in Subsection (2) may not exceed the period for
which the defendant could be incarcerated had he been convicted and received the maximum
sentence for the crime of which he was accused. At the time that period expires, involuntary civil
commitment proceedings may be instituted in accordance with Title 62A, Chapter [12] 15, Substance
Abuse and Mental Health Act.
Section 137. Section 77-18-1 is amended to read:
77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation -- Supervision

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-- Presentence investigation -- Standards -- Confidentiality -- Terms and conditions --
Termination, revocation, modification, or extension -- Hearings -- Electronic monitoring.
(1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea in
abeyance agreement, the court may hold the plea in abeyance as provided in Title 77, Chapter 2a,
Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
(2) (a) On a plea of guilty, guilty and mentally ill, no contest, or conviction of any crime or
offense, the court may suspend the imposition or execution of sentence and place the defendant on
probation. The court may place the defendant:
(i) on probation under the supervision of the Department of Corrections except in cases of
class C misdemeanors or infractions;
(ii) on probation with an agency of local government or with a private organization; or
(iii) on bench probation under the jurisdiction of the sentencing court.
(b) (i) The legal custody of all probationers under the supervision of the department is with
the department.
(ii) The legal custody of all probationers under the jurisdiction of the sentencing court is
vested as ordered by the court.
(iii) The court has continuing jurisdiction over all probationers.
(3) (a) The department shall establish supervision and presentence investigation standards
for all individuals referred to the department. These standards shall be based on:
(i) the type of offense;
(ii) the demand for services;
(iii) the availability of agency resources;
(iv) the public safety; and
(v) other criteria established by the department to determine what level of services shall be
provided.
(b) Proposed supervision and investigation standards shall be submitted to the Judicial
Council and the Board of Pardons and Parole on an annual basis for review and comment prior to
adoption by the department.

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(c) The Judicial Council and the department shall establish procedures to implement the
supervision and investigation standards.
(d) The Judicial Council and the department shall annually consider modifications to the
standards based upon criteria in Subsection (3)(a) and other criteria as they consider appropriate.
(e) The Judicial Council and the department shall annually prepare an impact report and
submit it to the appropriate legislative appropriations subcommittee.
(4) Notwithstanding other provisions of law, the department is not required to supervise the
probation of persons convicted of class B or C misdemeanors or infractions or to conduct
presentence investigation reports on class C misdemeanors or infractions. However, the department
may supervise the probation of class B misdemeanants in accordance with department standards.
(5) (a) Prior to the imposition of any sentence, the court may, with the concurrence of the
defendant, continue the date for the imposition of sentence for a reasonable period of time for the
purpose of obtaining a presentence investigation report from the department or information from
other sources about the defendant.
(b) The presentence investigation report shall include a victim impact statement according
to guidelines set in Section 77-38a-203 describing the effect of the crime on the victim and the
victim's family.
(c) The presentence investigation report shall include a specific statement of pecuniary
damages, accompanied by a recommendation from the department regarding the payment of
restitution with interest by the defendant in accordance with Title 77, Chapter 38a, Crime Victims
Restitution Act.
(d) The contents of the presentence investigation report, including any diagnostic evaluation
report ordered by the court under Section 76-3-404 , are protected and are not available except by
court order for purposes of sentencing as provided by rule of the Judicial Council or for use by the
department.
(6) (a) The department shall provide the presentence investigation report to the defendant's
attorney, or the defendant if not represented by counsel, the prosecutor, and the court for review,
three working days prior to sentencing. Any alleged inaccuracies in the presentence investigation

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report, which have not been resolved by the parties and the department prior to sentencing, shall be
brought to the attention of the sentencing judge, and the judge may grant an additional ten working
days to resolve the alleged inaccuracies of the report with the department. If after ten working days
the inaccuracies cannot be resolved, the court shall make a determination of relevance and accuracy
on the record.
(b) If a party fails to challenge the accuracy of the presentence investigation report at the
time of sentencing, that matter shall be considered to be waived.
(7) At the time of sentence, the court shall receive any testimony, evidence, or information
the defendant or the prosecuting attorney desires to present concerning the appropriate sentence.
This testimony, evidence, or information shall be presented in open court on record and in the
presence of the defendant.
(8) While on probation, and as a condition of probation, the court may require that the
defendant:
(a) perform any or all of the following:
(i) pay, in one or several sums, any fine imposed at the time of being placed on probation;
(ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;
(iii) provide for the support of others for whose support he is legally liable;
(iv) participate in available treatment programs;
(v) serve a period of time, not to exceed one year, in a county jail designated by the
department, after considering any recommendation by the court as to which jail the court finds most
appropriate;
(vi) serve a term of home confinement, which may include the use of electronic monitoring;
(vii) participate in compensatory service restitution programs, including the compensatory
service program provided in Section 78-11-20.7 ;
(viii) pay for the costs of investigation, probation, and treatment services;
(ix) make restitution or reparation to the victim or victims with interest in accordance with
Title 77, Chapter 38a, Crime Victims Restitution Act; and
(x) comply with other terms and conditions the court considers appropriate; and

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(b) if convicted on or after May 5, 1997:
(i) complete high school classwork and obtain a high school graduation diploma, a GED
certificate, or a vocational certificate at the defendant's own expense if the defendant has not received
the diploma, GED certificate, or vocational certificate prior to being placed on probation; or
(ii) provide documentation of the inability to obtain one of the items listed in Subsection
(8)(b)(i) because of:
(A) a diagnosed learning disability; or
(B) other justified cause.
(9) The department shall collect and disburse the account receivable as defined by Section
76-3-201.1 , with interest and any other costs assessed under Section 64-13-21 during:
(a) the parole period and any extension of that period in accordance with Subsection
77-27-6 (4); and
(b) the probation period in cases for which the court orders supervised probation and any
extension of that period by the department in accordance with Subsection [ 77-18-1 ](10).
(10) (a) (i) Probation may be terminated at any time at the discretion of the court or upon
completion without violation of 36 months probation in felony or class A misdemeanor cases, or 12
months in cases of class B or C misdemeanors or infractions.
(ii) (A) If, upon expiration or termination of the probation period under Subsection
(10)(a)(i), there remains an unpaid balance upon the account receivable as defined in Section
76-3-201.1 , the court may retain jurisdiction of the case and continue the defendant on bench
probation for the limited purpose of enforcing the payment of the account receivable.
(B) In accordance with Section 77-18-6 , the court shall record in the registry of civil
judgments any unpaid balance not already recorded and immediately transfer responsibility to collect
the account to the Office of State Debt Collection.
(iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its own
motion, the court may require the defendant to show cause why his failure to pay should not be
treated as contempt of court.
(b) (i) The department shall notify the sentencing court, the Office of State Debt Collection,

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and the prosecuting attorney in writing in advance in all cases when termination of supervised
probation will occur by law.
(ii) The notification shall include a probation progress report and complete report of details
on outstanding accounts receivable.
(11) (a) (i) Any time served by a probationer outside of confinement after having been
charged with a probation violation and prior to a hearing to revoke probation does not constitute
service of time toward the total probation term unless the probationer is exonerated at a hearing to
revoke the probation.
(ii) Any time served in confinement awaiting a hearing or decision concerning revocation
of probation does not constitute service of time toward the total probation term unless the
probationer is exonerated at the hearing.
(b) The running of the probation period is tolled upon the filing of a violation report with
the court alleging a violation of the terms and conditions of probation or upon the issuance of an
order to show cause or warrant by the court.
(12) (a) (i) Probation may not be modified or extended except upon waiver of a hearing by
the probationer or upon a hearing and a finding in court that the probationer has violated the
conditions of probation.
(ii) Probation may not be revoked except upon a hearing in court and a finding that the
conditions of probation have been violated.
(b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to constitute
violation of the conditions of probation, the court that authorized probation shall determine if the
affidavit establishes probable cause to believe that revocation, modification, or extension of
probation is justified.
(ii) If the court determines there is probable cause, it shall cause to be served on the
defendant a warrant for his arrest or a copy of the affidavit and an order to show cause why his
probation should not be revoked, modified, or extended.
(c) (i) The order to show cause shall specify a time and place for the hearing and shall be
served upon the defendant at least five days prior to the hearing.

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(ii) The defendant shall show good cause for a continuance.
(iii) The order to show cause shall inform the defendant of a right to be represented by
counsel at the hearing and to have counsel appointed for him if he is indigent.
(iv) The order shall also inform the defendant of a right to present evidence.
(d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
(ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney shall
present evidence on the allegations.
(iii) The persons who have given adverse information on which the allegations are based
shall be presented as witnesses subject to questioning by the defendant unless the court for good
cause otherwise orders.
(iv) The defendant may call witnesses, appear and speak in his own behalf, and present
evidence.
(e) (i) After the hearing the court shall make findings of fact.
(ii) Upon a finding that the defendant violated the conditions of probation, the court may
order the probation revoked, modified, continued, or that the entire probation term commence anew.
(iii) If probation is revoked, the defendant shall be sentenced or the sentence previously
imposed shall be executed.
(13) The court may order the defendant to commit himself to the custody of the Division of
Substance Abuse and Mental Health for treatment at the Utah State Hospital as a condition of
probation or stay of sentence, only after the superintendent of the Utah State Hospital or his designee
has certified to the court that:
(a) the defendant is appropriate for and can benefit from treatment at the state hospital;
(b) treatment space at the hospital is available for the defendant; and
(c) persons described in Subsection [ 62A-12-209 ] 62A-15-610 (2)(g) are receiving priority
for treatment over the defendants described in this Subsection (13).
(14) Presentence investigation reports, including presentence diagnostic evaluations, are
classified protected in accordance with Title 63, Chapter 2, Government Records Access and
Management Act. Notwithstanding Sections 63-2-403 and 63-2-404 , the State Records Committee

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may not order the disclosure of a presentence investigation report. Except for disclosure at the time
of sentencing pursuant to this section, the department may disclose the presentence investigation
only when:
(a) ordered by the court pursuant to Subsection 63-2-202 (7);
(b) requested by a law enforcement agency or other agency approved by the department for
purposes of supervision, confinement, and treatment of the offender;
(c) requested by the Board of Pardons and Parole;
(d) requested by the subject of the presentence investigation report or the subject's authorized
representative; or
(e) requested by the victim of the crime discussed in the presentence investigation report or
the victim's authorized representative, provided that the disclosure to the victim shall include only
information relating to statements or materials provided by the victim, to the circumstances of the
crime including statements by the defendant, or to the impact of the crime on the victim or the
victim's household.
(15) (a) The court shall consider home confinement as a condition of probation under the
supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5 .
(b) The department shall establish procedures and standards for home confinement,
including electronic monitoring, for all individuals referred to the department in accordance with
Subsection (16).
(16) (a) If the court places the defendant on probation under this section, it may order the
defendant to participate in home confinement through the use of electronic monitoring as described
in this section until further order of the court.
(b) The electronic monitoring shall alert the department and the appropriate law enforcement
unit of the defendant's whereabouts.
(c) The electronic monitoring device shall be used under conditions which require:
(i) the defendant to wear an electronic monitoring device at all times; and
(ii) that a device be placed in the home of the defendant, so that the defendant's compliance
with the court's order may be monitored.

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(d) If a court orders a defendant to participate in home confinement through electronic
monitoring as a condition of probation under this section, it shall:
(i) place the defendant on probation under the supervision of the Department of Corrections;
(ii) order the department to place an electronic monitoring device on the defendant and
install electronic monitoring equipment in the residence of the defendant; and
(iii) order the defendant to pay the costs associated with home confinement to the department
or the program provider.
(e) The department shall pay the costs of home confinement through electronic monitoring
only for those persons who have been determined to be indigent by the court.
(f) The department may provide the electronic monitoring described in this section either
directly or by contract with a private provider.
Section 138. Section 78-3a-104 is amended to read:
78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings concerning:
(a) a minor who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming 18
years of age, regardless of where the violation occurred, excluding traffic laws and boating and
ordinances;
(b) a person 21 years of age or older who has failed or refused to comply with an order of
the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
birthday; however, the continuing jurisdiction is limited to causing compliance with existing orders;
(c) a minor who is an abused child, neglected child, or dependent child, as those terms are
defined in Section 78-3a-103 ;
(d) a protective order for a minor who is alleged to be an abused child or neglected child,
except as provided in Section 78-3a-105 , and unless the petition is filed by a natural parent or
stepparent of the minor against a natural parent or stepparent of the minor;
(e) the determination of the custody of a minor or to appoint a guardian of the person or

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other guardian of a minor who comes within the court's jurisdiction under other provisions of this
section;
(f) the termination of the legal parent-child relationship in accordance with Part 4,
Termination of Parental Rights Act, including termination of residual parental rights and duties;
(g) the treatment or commitment of a mentally retarded minor;
(h) a minor who is a habitual truant from school;
(i) the judicial consent to the marriage of a minor under age 16 upon a determination of
voluntariness or where otherwise required by law, employment, or enlistment of a minor when
consent is required by law;
(j) any parent or parents of a minor committed to a secure youth corrections facility, to order,
at the discretion of the court and on the recommendation of a secure youth corrections facility, the
parent or parents of a minor committed to a secure youth corrections facility for a custodial term, to
undergo group rehabilitation therapy under the direction of a secure youth corrections facility
therapist, who has supervision of that parent's or parents' minor, or any other therapist the court may
direct, for a period directed by the court as recommended by a secure youth corrections facility;
(k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
(l) the treatment or commitment of a mentally ill child. The court may commit a child to the
physical custody of a local mental health authority or to the legal custody of the Division of
Substance Abuse and Mental Health in accordance with the procedures and requirements of Title
62A, Chapter [12] 15, Part [2A] 7, Commitment of Persons Under Age 18 to Division of Substance
Abuse and Mental Health. The court may not commit a child directly to the Utah State Hospital;
(m) the commitment of a minor in accordance with Section [ 62A-8-501 ] 62A-15-301 ;
(n) de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 63-46b-15 ; and
(o) adoptions conducted in accordance with the procedures described in Title 78, Chapter
30, Adoption, when the juvenile court has previously entered an order terminating the rights of a
parent and finds that adoption is in the best interest of the minor.
(2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive

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jurisdiction over any traffic or boating offense committed by a minor under 16 years of age and
concurrent jurisdiction over all other traffic or boating offenses committed by a minor 16 years of
age or older, except that the court shall have exclusive jurisdiction over the following offenses
committed by a minor under 18 years of age:
(a) Section 76-5-207 , automobile homicide;
(b) Section 41-6-44 , operating a vehicle while under the influence of alcohol or drugs;
(c) Section 41-6-45 , reckless driving or Section 73-18-12 , reckless operation;
(d) Section 41-1a-1314 , unauthorized control over a motor vehicle, trailer, or semitrailer for
an extended period of time; and
(e) Section 41-6-13.5 or 73-18-20 , fleeing a peace officer.
(3) The court also has jurisdiction over traffic and boating offenses that are part of a single
criminal episode filed in a petition that contains an offense over which the court has jurisdiction.
(4) The juvenile court has jurisdiction over questions of custody, support, parent-time, and
visitation certified to it by the district court pursuant to Section 78-3a-105 .
(5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that minor where, despite earnest and persistent
efforts by the division or agency, the minor has demonstrated that he:
(a) is beyond the control of his parent, guardian, lawful custodian, or school authorities to
the extent that his behavior or condition endangers his own welfare or the welfare of others; or
(b) has run away from home.
(6) This section does not restrict the right of access to the juvenile court by private agencies
or other persons.
(7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
under Section 78-3a-602 .
(8) The juvenile court has jurisdiction to make a finding of substantiated, unsubstantiated,
or without merit, in accordance with Section 78-3a-320 .
Section 139. Section 78-3a-118 is amended to read:

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78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
Enumeration of possible court orders -- Considerations of court -- Obtaining DNA sample.
(1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the court
shall so adjudicate. The court shall make a finding of the facts upon which it bases its jurisdiction
over the minor. However, in cases within the provisions of Subsection 78-3a-104 (1), findings of fact
are not necessary.
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of Title
76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to the
school superintendent of the district in which the minor resides or attends school. Notice shall be
made to the district superintendent within three days of the adjudication and shall include the specific
offenses for which the minor was adjudicated.
(2) Upon adjudication the court may make the following dispositions by court order:
(a) (i) The court may place the minor on probation or under protective supervision in the
minor's own home and upon conditions determined by the court, including compensatory service as
provided in Section 78-11-20.7 .
(ii) The court may place the minor in state supervision with the probation department of the
court, under the legal custody of:
(A) his parent or guardian;
(B) the Division of Youth Corrections; or
(C) the Division of Child and Family Services.
(iii) If the court orders probation or state supervision, the court shall direct that notice of its
order be provided to designated persons in the local law enforcement agency and the school or
transferee school, if applicable, which the minor attends. The designated persons may receive the
information for purposes of the minor's supervision and student safety.
(iv) Any employee of the local law enforcement agency and the school which the minor
attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or malice as provided in
Section 63-30-4 ; and

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(B) civilly or criminally liable except when the disclosure constitutes a knowing violation
of Section 63-2-801 .
(b) The court may place the minor in the legal custody of a relative or other suitable person,
with or without probation or protective supervision, but the juvenile court may not assume the
function of developing foster home services.
(c) (i) The court may:
(A) vest legal custody of the minor in the Division of Child and Family Services, Division
of Youth Corrections, or the Division of Substance Abuse and Mental Health; and
(B) order the Department of Human Services to provide dispositional recommendations and
services.
(ii) For minors who may qualify for services from two or more divisions within the
Department of Human Services, the court may vest legal custody with the department.
(iii) (A) Minors who are committed to the custody of the Division of Child and Family
Services on grounds other than abuse or neglect are subject to the provisions of Title 78, Chapter 3a,
Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter 4a,
Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect.
(B) Prior to the court entering an order to place a minor in the custody of the Division of
Child and Family Services on grounds other than abuse or neglect, the court shall provide the
division with notice of the hearing no later than five days before the time specified for the hearing
so the division may attend the hearing.
(C) Prior to committing a minor to the custody of the Division of Child and Family Services,
the court shall make a finding as to what reasonable efforts have been attempted to prevent the
minor's removal from his home.
(d) (i) The court may commit the minor to the Division of Youth Corrections for secure
confinement.
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of Youth
Corrections.

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(e) The court may commit the minor, subject to the court retaining continuing jurisdiction
over him, to the temporary custody of the Division of Youth Corrections for observation and
evaluation for a period not to exceed 45 days, which period may be extended up to 15 days at the
request of the director of the Division of Youth Corrections.
(f) (i) The court may commit the minor to a place of detention or an alternative to detention
for a period not to exceed 30 days subject to the court retaining continuing jurisdiction over the
minor. This commitment may be stayed or suspended upon conditions ordered by the court.
(ii) This Subsection (2)(f) applies only to those minors adjudicated for:
(A) an act which if committed by an adult would be a criminal offense; or
(B) contempt of court under Section 78-3a-901 .
(g) The court may vest legal custody of an abused, neglected, or dependent minor in the
Division of Child and Family Services or any other appropriate person in accordance with the
requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
Proceedings.
(h) The court may place the minor on a ranch or forestry camp, or similar facility for care
and also for work, if possible, if the person, agency, or association operating the facility has been
approved or has otherwise complied with all applicable state and local laws. A minor placed in a
forestry camp or similar facility may be required to work on fire prevention, forestation and
reforestation, recreational works, forest roads, and on other works on or off the grounds of the
facility and may be paid wages, subject to the approval of and under conditions set by the court.
(i) The court may order the minor to repair, replace, or otherwise make restitution for
damage or loss caused by the minor's wrongful act, including costs of treatment as stated in Section
78-3a-318 and impose fines in limited amounts. If a minor has been returned to this state under the
Interstate Compact on Juveniles, the court may order the minor to make restitution for costs
expended by any governmental entity for the return.
(j) The court may issue orders necessary for the collection of restitution and fines ordered
by the court, including garnishments, wage withholdings, and executions.
(k) (i) The court may through its probation department encourage the development of

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employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
and for other purposes considered desirable by the court.
(ii) Consistent with the order of the court, the probation officer may permit the minor found
to be within the jurisdiction of the court to participate in a program of work restitution or
compensatory service in lieu of paying part or all of the fine imposed by the court.
(l) (i) In violations of traffic laws within the court's jurisdiction, the court may, in addition
to any other disposition authorized by this section:
(A) restrain the minor from driving for periods of time the court considers necessary; and
(B) take possession of the minor's driver license.
(ii) The court may enter any other disposition under Subsection (2)(l)(i); however, the
suspension of driving privileges for an offense under Section 78-3a-506 are governed only by
Section 78-3a-506 .
(m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug Paraphernalia Act,
or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to any
fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no more
than 100 hours, of compensatory service. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as compensatory service hours.
(ii) When a minor is found within the jurisdiction of the juvenile court under Section
78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court may,
upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the minor
perform a minimum of 20 hours, but no more than 100 hours of compensatory service, in addition
to any fines or fees otherwise imposed. Satisfactory completion of an approved substance abuse
prevention or treatment program may be credited by the court as compensatory service hours.
(n) The court may order that the minor be examined or treated by a physician, surgeon,
psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
place the minor in a hospital or other suitable facility.
(o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest

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of the minor, and may appoint as guardian a public or private institution or agency in which legal
custody of the minor is vested.
(ii) In placing a minor under the guardianship or legal custody of an individual or of a private
agency or institution, the court shall give primary consideration to the welfare of the minor. When
practicable, the court may take into consideration the religious preferences of the minor and of the
minor's parents.
(p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any
other person who has been made a party to the proceedings. Conditions may include:
(A) parent-time by the parents or one parent;
(B) restrictions on the minor's associates;
(C) restrictions on the minor's occupation and other activities; and
(D) requirements to be observed by the parents or custodian.
(ii) A minor whose parents or guardians successfully complete a family or other counseling
program may be credited by the court for detention, confinement, or probation time.
(q) The court may order the minor to be placed in the legal custody of the Division of
Substance Abuse and Mental Health or committed to the physical custody of a local mental health
authority, in accordance with the procedures and requirements of Title 62A, Chapter [12] 15, Part
[2A] 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
(r) (i) The court may make an order committing a minor within its jurisdiction to the Utah
State Developmental Center if the minor has mental retardation in accordance with the provisions
of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility.
(ii) The court shall follow the procedure applicable in the district courts with respect to
judicial commitments to the Utah State Developmental Center when ordering a commitment under
Subsection (2)(r)(i).
(s) The court may terminate all parental rights upon a finding of compliance with the
provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
(t) The court may make any other reasonable orders for the best interest of the minor or as

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required for the protection of the public, except that a person younger than 18 years of age may not
be committed to jail or prison.
(u) The court may combine the dispositions listed in this section if they are compatible.
(v) Before depriving any parent of custody, the court shall give due consideration to the
rights of parents concerning their minor. The court may transfer custody of a minor to another
person, agency, or institution in accordance with the requirements and procedures of Title 78,
Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
(w) Except as provided in Subsection (2)(y)(i), an order under this section for probation or
placement of a minor with an individual or an agency shall include a date certain for a review of the
case by the court. A new date shall be set upon each review.
(x) In reviewing foster home placements, special attention shall be given to making
adoptable minors available for adoption without delay.
(y) (i) The juvenile court may enter an order of permanent custody and guardianship with
a relative or individual of a minor where the court has previously acquired jurisdiction as a result of
an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
78-3a-105 (4).
(ii) Orders under Subsection (2)(y)(i):
(A) shall remain in effect until the minor reaches majority;
(B) are not subject to review under Section 78-3a-119 ; and
(C) may be modified by petition or motion as provided in Section 78-3a-903 .
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
permanent orders of custody and guardianship do not expire with a termination of jurisdiction of the
juvenile court.
(3) In addition to the dispositions described in Subsection (2), when a minor comes within
the court's jurisdiction he may be given a choice by the court to serve in the National Guard in lieu
of other sanctions, provided:
(a) the minor meets the current entrance qualifications for service in the National Guard as
determined by a recruiter, whose determination is final;

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(b) the minor is not under the jurisdiction of the court for any act that:
(i) would be a felony if committed by an adult;
(ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
(iii) was committed with a weapon; and
(c) the court retains jurisdiction over the minor under conditions set by the court and agreed
upon by the recruiter or the unit commander to which the minor is eventually assigned.
(4) (a) The court shall order that a DNA specimen shall be obtained from a minor who is
under the jurisdiction of the court as described in Subsection 53-10-403 (3). The specimen shall be
obtained by designated employees of the court or, if the minor is in the legal custody of the Division
of Youth Corrections, then by designated employees of the division under Subsection
53-10-404 (5)(b).
(b) The court shall ensure that employees designated to collect the saliva DNA specimens
receive appropriate training and that the specimens are obtained in accordance with accepted
protocol.
(c) The court shall order the minor to reimburse the agency obtaining the DNA specimen for
$75 toward the costs of obtaining the specimen, unless the court finds the minor is unable to pay the
reimbursement. Reimbursements shall be placed in the DNA Specimen Restricted Account created
in Section 53-10-407 .
(d) Payment of the reimbursement is second in priority to payments the minor is ordered to
make for restitution under this section and treatment under Section 78-3a-318 .
Section 140. Section 78-3a-119 is amended to read:
78-3a-119. Period of operation of judgment, decree, or order -- Rights and
responsibilities of agency or individual granted legal custody.
(1) A judgment, order, or decree of the juvenile court does not operate after the minor
becomes 21 years of age, except for:
(a) orders of commitment to the Utah State Developmental Center or to the custody of the
Division of Substance Abuse and Mental Health;
(b) adoption orders under Subsection 78-3a-104 (1)(o);

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(c) orders permanently terminating the rights of a parent, guardian, or custodian, and
permanent orders of custody and guardianships; and
(d) unless terminated by the court, orders to pay any fine or restitution.
(2) (a) Except as provided in Part 3, Abuse, Neglect, and Dependency Proceedings, an order
vesting legal custody or guardianship of a minor in an individual, agency, or institution may be for
an indeterminate period. A review hearing shall be held, however, upon the expiration of 12 months,
and, with regard to petitions filed by the Division of Child and Family Services, no less than once
every six months thereafter. The individual, agency, or institution involved shall file the petition for
that review hearing. The court may terminate the order, or after notice and hearing, continue the
order if it finds continuation of the order necessary to safeguard the welfare of the minor or the
public interest. The findings of the court and its reasons shall be entered with the continuation order
or with the order denying continuation.
(b) Subsection (2)(a) does not apply to minors who are in the custody of the Division of
Child and Family Services, and who are placed in foster care, a secure youth corrections facility, the
Division of Substance Abuse and Mental Health, the Utah State Developmental Center, or any
agency licensed for child placements and adoptions, in cases where all parental rights of the natural
parents have been terminated by the court under Part 4, Termination of Parental Rights Act, and
custody of the minor has been granted to the agency for adoption or other permanent placement.
(3) (a) An agency granted legal custody may determine where and with whom the minor will
live, provided that placement of the minor does not remove him from the state without court
approval.
(b) An individual granted legal custody shall personally exercise the rights and
responsibilities involved in legal custody, unless otherwise authorized by the court.
Section 141. Section 78-3a-121 is amended to read:
78-3a-121. Continuing jurisdiction of juvenile court -- Period of and termination of
jurisdiction -- Notice of discharge from custody of Division of Substance Abuse and Mental
Health or Utah State Developmental Center -- Transfer of continuing jurisdiction to other
district.

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(1) Jurisdiction of a minor obtained by the court through adjudication under Section
78-3a-118 continues for purposes of this chapter until he becomes 21 years of age, unless terminated
earlier. However, the court retains jurisdiction beyond the age of 21 of a person who has refused or
failed to pay any fine or victim restitution ordered by the court, but only for the purpose of causing
compliance with existing orders.
(2) (a) The continuing jurisdiction of the court terminates:
(i) upon order of the court;
(ii) upon commitment to a secure youth corrections facility; or
(iii) upon commencement of proceedings in adult cases under Section 78-3a-801 .
(b) The continuing jurisdiction of the court is not terminated by marriage.
(3) When a minor has been committed by the court to the custody of the Division of
Substance Abuse and Mental Health, a local mental health authority or its designee, or to the Utah
State Developmental Center, the director of the Division of Substance Abuse and Mental Health, the
local mental health authority or its designee, or the superintendent of the Utah State Developmental
Center shall give the court written notice of its intention to discharge, release, or parole the minor
not fewer than five days prior to the discharge, release, or parole.
(4) Jurisdiction over a minor on probation or under protective supervision, or of a minor who
is otherwise under the continuing jurisdiction of the court, may be transferred by the court to the
court of another district, if the receiving court consents, or upon direction of the chair of the Board
of Juvenile Court Judges. The receiving court has the same powers with respect to the minor that
it would have if the proceedings originated in that court.
Section 142. Section 78-3a-209 is amended to read:
78-3a-209. Mental health evaluations -- Duty of administrator.
(1) The administrator of the juvenile court, with the approval of the board, and the executive
director of the Department of Health, and director of the Division of Substance Abuse and Mental
Health shall from time to time agree upon an appropriate plan:
[(1)] (a) for obtaining mental health services and health services for the juvenile court from
the state and local health departments and programs of mental health; and

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[(2)] (b) for assistance by the Department of Health and the Division of Substance Abuse
and Mental Health in securing for the juvenile court special health, mental health, and related
services including community mental health services not already available from the Department of
Health and the Division of Substance Abuse and Mental Health.
[(3)] (2) The Legislature may provide an appropriation to the Department of Health and the
Division of Substance Abuse and Mental Health for this purpose.
Section 143. Section 78-3a-910 is amended to read:
78-3a-910. Cooperation of political subdivisions and public or private agencies and
organizations.
Every county, municipality, and school district, the Division of Child and Family Services,
the Department of Health, the Division of Substance Abuse and Mental Health, the State Board of
Education, and state and local law enforcement officers, shall render all assistance and cooperation
within their jurisdiction and power to further the objects of this chapter, and the juvenile courts are
authorized to seek the cooperation of all agencies and organizations, public or private, whose object
is the protection or aid of minors.
Section 144. Repealer.
This act repeals:
Section 62A-12-101, Definitions.
Section 62A-12-102, Division of Mental Health -- Creation -- Responsibilities.
Section 62A-12-102.5, Fees for mental health services.
Section 62A-12-103, Director -- Qualifications.
Section 62A-12-104, Board of Mental Health -- Authority and responsibilities -- Powers
and duties of board.
Section 62A-12-105, Allocation of funds to local mental health authorities -- Formula.

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