H.B. 174

1

FORENSIC MENTAL HEALTH AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Jack A. Seitz
5
6 LONG TITLE
7 General Description:
8 This bill amends provisions regarding the Utah forensic mental health facility.
9 Highlighted Provisions:
10 This bill:
11 . includes persons who are undergoing competency evaluations as members of the
12 facility population;
13 . includes persons ordered to commit themselves for treatment at the Utah State
14 Hospital as a condition of probation or stay of sentence;
15 . deletes language giving the Department of Corrections security responsibility for the
16 facility;
17 . specifies that security functions shall be directed by the executive director; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 62A-15-902, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth
26 Special Session
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 62A-15-902 is amended to read:
30 62A-15-902. Design and operation -- Security.
31 (1) The forensic mental health facility [shall be designed as] is a secure treatment
32 facility. [The department shall have primary responsibility to design the treatment
33 environment. However, the department shall consult with the Department of Corrections on all
34 matters that affect the ability to secure the facility, its residents, and staff.]
35 (2) (a) The forensic mental health facility [shall be designed to separately
36 accommodate] accommodates the following populations:
37 (i) prison inmates displaying mental illness, as defined in Section 62A-15-602 ,
38 necessitating treatment in a secure mental health facility;
39 (ii) criminally adjudicated persons found guilty and mentally ill or undergoing
40 evaluation for mental illness under Title 77, Chapter 16a, Commitment and Treatment of
41 Mentally Ill Persons;
42 (iii) criminally adjudicated persons undergoing evaluation for competency or found
43 guilty and mentally ill under Title 77, Chapter 16a, Commitment and Treatment of Mentally Ill
44 Persons, who are also mentally retarded;
45 (iv) persons found by a court to be incompetent to proceed in accordance with Title 77,
46 Chapter 15, Inquiry Into Sanity of Defendant, or not guilty by reason of insanity under Title 77,
47 Chapter 14, Defenses; [and]
48 (v) persons who are civilly committed to the custody of a local mental health authority
49 in accordance with Title 62A, Chapter 15, Part 6, Utah State Hospital and Other Mental Health
50 Facilities, and who may not be properly supervised by the Utah State Hospital because of a lack
51 of necessary security, as determined by the superintendent or his designee[.]; and
52 (vi) persons ordered to commit themselves to the custody of the Division of Substance
53 Abuse and Mental Health for treatment at the Utah State Hospital as a condition of probation or
54 stay of sentence pursuant to Title 77, Chapter 18, The Judgment.
55 (b) Placement of an offender in the forensic mental health facility under any category
56 described in Subsection (2)(a)(ii), (iii), [or] (iv), or (vi) shall be made on the basis of the
57 offender's status as established by the court at the time of adjudication.
58 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the

59 department shall make rules providing for the allocation of beds to the categories described in
60 Subsection (2)(a).
61 (3) The department shall:
62 (a) own and operate the forensic mental health facility;
63 (b) provide and supervise administrative and clinical staff; and
64 (c) provide security staff who are trained [both] as psychiatric technicians [and
65 certified by the Department of Corrections to perform security responsibilities for the forensic
66 mental health facility].
67 (4) Pursuant to Subsection 62A-15-603 (3) the executive director shall designate
68 individuals to perform security functions for the state hospital.




Legislative Review Note
as of 1-6-04 2:09 PM

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

Office of Legislative Research and General Counsel