7 LONG TITLE
8 General Description:
9 This bill amends provisions related to a defendant's competency to stand trial.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ establishes procedures for determining the competency of a defendant charged with
14 a misdemeanor;
15 ▸ adds and modifies time frames for evaluations, reports, and court hearings relating
16 to competency to stand trial determinations;
17 ▸ clarifies standards for restoration treatment and competency review; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 62A-1-104, as last amended by Laws of Utah 2017, Chapter 331
26 62A-1-108.5, as last amended by Laws of Utah 2012, Chapters 316 and 347
27 77-15-1, as last amended by Laws of Utah 2000, Chapter 256
28 77-15-2, as last amended by Laws of Utah 1994, Chapter 162
29 77-15-3, as last amended by Laws of Utah 1994, Chapter 162
30 77-15-4, as last amended by Laws of Utah 1994, Chapter 162
31 77-15-5, as last amended by Laws of Utah 2016, Chapter 115
32 77-15-6, as last amended by Laws of Utah 2012, Chapter 109
33 77-15-6.5, as last amended by Laws of Utah 2008, Chapter 212
34 77-15-7, as repealed and reenacted by Laws of Utah 1994, Chapter 162
35 77-15-9, as last amended by Laws of Utah 1994, Chapter 162
37 77-15-3.5, Utah Code Annotated 1953
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 62A-1-104 is amended to read:
41 62A-1-104. Definitions.
42 (1) As used in this title:
43 (a) "Competency evaluation" means the same as that term is defined in Section
46 a board.
48 Section 62A-1-102.
50 appointed under Section 62A-1-108.
51 (e) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
53 (i) serves a child with or who is at risk for complex emotional and behavioral needs;
54 (ii) is community based;
55 (iii) is informed about trauma;
56 (iv) builds meaningful partnerships with families and children;
57 (v) integrates service planning, service coordination, and management across state and
58 local entities;
59 (vi) includes individualized case planning;
60 (vii) provides management and policy infrastructure that supports a coordinated
61 network of interdepartmental service providers, contractors, and service providers who are
62 outside of the department; and
63 (viii) is guided by the type and variety of services needed by a child with or who is at
64 risk for complex emotional and behavioral needs and by the child's family.
65 (2) The definitions provided in Subsection (1) are to be applied in addition to
66 definitions contained throughout this title that are applicable to specified chapters or parts.
67 Section 2. Section 62A-1-108.5 is amended to read:
68 62A-1-108.5. Mental illness and intellectual disability examinations --
69 Responsibilities of the department.
70 (1) In accomplishing [
72 Code of Criminal Procedure, and a juvenile competency [
73 under Title 78A, Chapter 6, Juvenile Court Act, the department shall proceed as outlined in this
74 section and within appropriations authorized by the Legislature. [
77 (2) When the department is ordered by [
79 department shall[
81 to [
82 (3) When the department is ordered by the juvenile court to conduct a juvenile
83 competency evaluation [
85 (a) designate an examiner selected pursuant to Subsection (4) to evaluate the minor;
87 (b) upon a finding of good cause and order of the court, designate a second examiner to
88 evaluate the minor.
89 (4) The department shall establish criteria, in consultation with the Commission on
90 Criminal and Juvenile Justice, and shall contract with persons [
92 juvenile competency evaluations under Subsections (2)[
93 selection, the department shall follow the provisions of Title 63G, Chapter 6a, Utah
94 Procurement Code.
95 (5) Nothing in this section prohibits the [
96 of defense counsel or a prosecuting attorney in a criminal proceeding under Title 77, Utah
97 Code of Criminal Procedure, and for good cause shown, from proposing a person who has not
98 been previously selected under Subsection (4) to contract with the department to conduct the
99 evaluation. In selecting that person, the criteria of the department established under Subsection
100 (4) and the provisions of Title 63G, Chapter 6a, Utah Procurement Code, shall be met.
101 Section 3. Section 77-15-1 is amended to read:
102 77-15-1. Incompetent individual not to be tried for public offense.
104 public offense.
105 Section 4. Section 77-15-2 is amended to read:
106 77-15-2. Definitions.
113 As used in this chapter:
114 (1) "Competency evaluation" means an evaluation conducted by a forensic evaluator to
115 determine if an individual is competent to stand trial.
116 (2) "Competent to stand trial" means that a defendant has:
117 (a) a rational and factual understanding of the criminal proceedings against the
118 defendant and of the punishment specified for the offense charged; and
119 (b) the ability to consult with the defendant's legal counsel with a reasonable degree of
120 rational understanding in order to assist in the defense.
121 (3) "Department" means the Department of Human Services.
122 (4) "Forensic evaluator" means a licensed mental health professional who is:
123 (a) not involved in the defendant's treatment; and
124 (b) trained and qualified by the department to conduct a competency evaluation, a
125 restoration screening, and a progress toward competency evaluation.
126 (5) "Incompetent to proceed" means that a defendant is not competent to stand trial.
127 (6) "Petition" means a petition to request a court to determine whether a defendant is
128 competent to stand trial.
129 (7) "Progress toward competency evaluation" means an evaluation to determine
130 whether an individual who is receiving restoration treatment is:
131 (a) competent to stand trial;
132 (b) incompetent to proceed but has a substantial probability of becoming competent to
133 stand trial in the foreseeable future; or
134 (c) incompetent to proceed and does not have a substantial probability of becoming
135 competent to stand trial in the foreseeable future.
136 (8) "Restoration screening" means an assessment of an individual determined to be
137 incompetent to stand trial for the purpose of determining the appropriate placement and
138 restoration treatment for the individual.
139 (9) "Restoration treatment" means training and treatment that is:
140 (a) provided to an individual who is incompetent to proceed;
141 (b) tailored to the individual's particular impairment to competency; and
142 (c) limited to the purpose of restoring the individual to competency.
143 Section 5. Section 77-15-3 is amended to read:
144 77-15-3. Petition for inquiry regarding defendant or prisoner -- Filing --
146 (1) [
147 sentence of imprisonment is [
149 district court of the county where the charge is pending or where the [
151 (2) (a) The petition shall contain a certificate that it is filed in good faith and on
152 reasonable grounds to believe the defendant is incompetent to proceed. The petition shall
153 contain a recital of the facts, observations, and conversations with the defendant that have
154 formed the basis for the petition. If filed by defense counsel, the petition [
156 the attorney-client privilege.
157 (b) The petition may be based upon knowledge or information and belief and may be
158 filed by the [
159 of the defendant, the prosecuting attorney, or any person having custody or supervision over the
161 Section 6. Section 77-15-3.5 is enacted to read:
162 77-15-3.5. Incompetent to proceed in misdemeanor cases.
163 (1) When a defendant charged with a misdemeanor is incompetent to proceed, a
164 petition may be filed in the district court of the county where the charge is pending or where
165 the defendant is confined.
166 (2) If the most severe charge against a defendant is a misdemeanor and the defendant is
167 adjudicated by a court as incompetent to proceed:
168 (a) the department shall provide restoration treatment to the defendant; and
169 (b) the court may refer the defendant to pretrial diversion services, upon agreement of
170 the prosecution and defense counsel.
171 (3) Unless the prosecutor indicates that civil commitment proceedings will be initiated
172 under Subsection 77-15-6(5)(c), a court shall release a defendant who is incompetent to
173 proceed if:
174 (a) the most severe charge against the defendant is no more severe than a class B
176 (b) more than 60 days have passed after the day on which the court adjudicated the
177 defendant incompetent to proceed; and
178 (c) the defendant has not been restored to competency.
179 (4) A court may dismiss the charges against a defendant who was released under
180 Subsection (3).
181 Section 7. Section 77-15-4 is amended to read:
182 77-15-4. Court may raise issue of competency at any time.
183 The court in which a charge is pending may raise the issue of [
184 competency at any time. If raised by the court, the court shall permit counsel for each party
186 Section 8. Section 77-15-5 is amended to read:
187 77-15-5. Order for hearing -- Stay of other proceedings -- Examinations of
188 defendant -- Scope of examination and report.
195 (1) A court in which criminal proceedings are pending shall stay all criminal
196 proceedings, if:
197 (a) a petition is filed under Section 77-15-3 or 77-15-3.5; or
198 (b) the court raises the issue of the defendant's competency under Section 77-15-4.
199 (2) The court in which the petition described in Subsection (1)(a) is filed:
200 (a) shall inform the court in which criminal proceedings are pending of the petition, if
201 the petition is not filed in the court in which criminal proceedings are pending;
204 sufficiency of the petition, if the court finds the petition is not clearly sufficient on its face;
207 mental condition of the defendant unless the court finds that the allegations in the petition raise
208 a bona fide doubt as to the defendant's competency to stand trial; and
211 (f) if the court finds that the allegations raise a bona fide doubt as to the defendant's
212 competency to stand trial[
213 (i) the department to have the defendant evaluated by one forensic evaluator, if:
214 (A) the most severe charge against the defendant is a misdemeanor; or
215 (B) the defendant is charged with a felony but is not charged with a capital felony, and
216 the court determines, based upon the allegations in the petition, that a second competency
217 evaluation is not necessary;
218 (ii) the department to have the defendant evaluated by two forensic evaluators, if:
219 (A) the defendant is charged with a capital felony; or
220 (B) the defendant is charged with a felony but is not charged with a capital felony, and
221 the court determines, based upon the allegations in the petition, that a second competency
222 evaluation is necessary; and
223 (iii) the defendant to be evaluated by an additional forensic evaluator, if requested by a
224 party, who shall:
225 (A) select the additional forensic evaluator; and
226 (B) pay for the costs of the additional forensic evaluator.
244 (3) (a) If the petition or other information sufficiently raises concerns that the
245 defendant may have intellectual or developmental disabilities, at least one forensic evaluator
246 who is experienced in intellectual or developmental disability assessments shall conduct a
247 competency evaluation.
248 (b) The petitioner or other party, as directed by the court, shall provide to the forensic
249 evaluator information and materials relevant to a determination of the defendant's competency,
250 including the charging document, arrest or incident reports pertaining to the charged offense,
251 known criminal history information, and known prior mental health evaluations and treatments.
252 (c) For purposes of a competency evaluation, a court may order that custodians of
253 mental health records pertaining to the defendant [
256 (d) An order for a competency evaluation may not contain an order for any other
257 inquiry into the mental state of the defendant.
259 (4) Pending a competency evaluation, unless the court or the [
260 department directs otherwise, the defendant shall be retained in the same custody or status [
261 that the defendant was in at the time the examination was ordered.
265 (5) In the conduct of a competency evaluation, a progress toward competency
266 evaluation, and in a report to the court, a forensic evaluator shall consider and address, in
267 addition to any other factors determined to be relevant by the forensic evaluator:
268 (a) the defendant's present [
269 (i) rationally and factually understand the criminal proceedings against the defendant;
270 (ii) consult with the defendant's legal counsel with a reasonable degree of rational
271 understanding in order to assist in the defense;
273 (iii) understand the charges or allegations against the defendant;
275 (iv) communicate facts, events, and states of mind;
277 (v) understand the range [
283 proceed; and
285 (b) the impact of the mental disorder or intellectual disability, if any, on the nature and
286 quality of the defendant's relationship with counsel;
287 (c) if psychoactive medication is currently being administered:
288 (i) whether the medication is necessary to maintain the defendant's competency; and
289 (ii) [
290 defendant's demeanor [
291 (d) whether the defendant is exhibiting false or exaggerated physical or psychological
292 symptoms relevant to the defendant's capacity to stand trial.
294 incompetent to proceed, the [
295 (a) [
296 defendant's incompetency[
297 intellectual or developmental disability, if any, and its relationship to the factors contributing to
298 the defendant's incompetency; and
307 (b) whether there is a substantial probability that restoration treatment may, in the
308 foreseeable future, bring the defendant to competency to stand trial, or that the defendant
309 cannot become competent to stand trial in the foreseeable future.
311 (7) (a) A forensic evaluator shall provide an initial report to the court and the
312 prosecuting and defense attorneys within 30 days of the receipt of the court's order. The report
313 shall inform the court of the examiner's opinion concerning the competency of the defendant to
314 stand trial[
320 (b) (i) If the forensic evaluator is unable to complete the report in the time specified in
321 Subsection (7)(a), the forensic evaluator shall give written notice to the court.
322 (ii) A forensic evaluator who provides the notice described in Subsection (7)(b)(i) shall
323 receive a 15-day extension, giving the forensic evaluator a total of 45 days after the day on
324 which the forensic evaluator received the court's order to conduct a competency evaluation and
325 file a report.
326 (iii) The court may further extend the deadline for completion of the evaluation and
327 report if the court determines that there is good cause for the extension.
328 (iv) Upon receipt of an extension described in Subsection (7)(b)(iii), the forensic
329 evaluator shall file the report as soon as reasonably possible.
331 (a) identify the [
333 (b) describe the procedures, techniques, and tests used in the examination and the
334 purpose or purposes for each;
335 (c) state the [
336 on each issue referred for examination by the court, and indicate specifically those issues, if
337 any, on which the [
338 (d) identify the sources of information used by the [
339 present the basis for the [
341 examination, whether the examination is with or without the consent of the defendant, any
342 testimony by [
343 the statement may not be admitted in evidence against the defendant in any criminal proceeding
344 except on an issue respecting mental condition on which the defendant has introduced
345 evidence. The evidence may be admitted, however, where relevant to a determination of the
346 defendant's competency.
347 (b) [
348 evaluator shall specifically advise the defendant of the limits of confidentiality as provided
349 under Subsection [
351 (10) (a) Upon receipt of the forensic evaluators' reports, the court shall set a date for a
353 than 15 days[
354 court received the forensic evaluators' reports, unless for good cause the court sets a later date.
355 (b) Any person [
361 (c) The court may call any [
362 not called by the parties. If the court calls [
363 parties may cross-examine the [
364 (d) If the forensic evaluators are in conflict as to the competency of the defendant, all
365 forensic evaluators should be called to testify at the hearing if reasonably available. A conflict
366 in the opinions of the forensic evaluators does not require the appointment of an additional
367 forensic evaluator unless the court determines the appointment to be necessary.
369 the court, by a preponderance of the evidence, finds the [
370 proceed. The burden of proof is upon the proponent of incompetency at the hearing.
371 (b) An adjudication of [
372 adjudication of incompetency to give informed consent for medical treatment or for any other
373 purpose, unless specifically set forth in the court order.
375 consider the totality of the circumstances, which may include the testimony of lay witnesses, in
376 addition to the [
377 evaluator's report, testimony, and studies.
380 (a) the court shall issue the order described in Subsection 77-15-6(1), which shall:
381 (i) include findings addressing each of the factors in [
382 Subsection (5)(a);
394 (ii) include a transportation order, if necessary;
395 (iii) be accompanied by the forensic evaluators' reports, any psychiatric, psychological,
396 or social work reports submitted to the court relative to the mental condition of the defendant[
398 prosecution, pertaining to the defendant's current or past mental condition[
399 (iv) be sent by the court to the department; and
400 (b) the prosecuting attorney shall provide to the department:
401 (i) the charging document and probable cause statement, if any;
402 (ii) arrest or incident reports prepared by law enforcement and pertaining to the
403 charged offense; and
404 (iii) additional supporting documents.
426 with this section.
428 criminal charges.
429 Section 9. Section 77-15-6 is amended to read:
430 77-15-6. Commitment on finding of incompetency to stand trial -- Subsequent
431 hearings -- Notice to prosecuting attorneys.
432 (1) (a) Except as provided in Subsection (5), if after a hearing[
433 a court finds a defendant to be incompetent to [
434 defendant committed to the [
437 (b) The court may recommend but may not order placement of the defendant. The
438 court may, however, order that the defendant be placed in a secure setting rather than a
439 nonsecure setting. [
440 designee shall designate and inform the court of the specific placement [
442 program for the defendant.
443 (c) Restoration treatment shall be of sufficient scope and duration to:
444 (i) restore the individual to competency; or
445 (ii) determine whether the individual can be restored to competency in the foreseeable
447 (d) A defendant whom a court determines is incompetent to proceed may not be held
448 for restoration treatment longer than:
449 (i) the time reasonably necessary to determine whether there is a substantial probability
450 that the defendant will become competent to stand trial in the foreseeable future, or that the
451 defendant cannot become competent to stand trial in the foreseeable future; and
452 (ii) the maximum period of incarceration that the defendant could receive if the
453 defendant were convicted of the most severe offense of the offenses charged.
459 (2) (a) A defendant who is receiving restoration treatment shall receive a progress
460 toward competency evaluation, by:
461 (i) a forensic evaluator, designated by the department; and
462 (ii) an additional forensic evaluator, if requested by a party and paid for by the
463 requesting party.
464 (b) A forensic evaluator shall complete a progress toward competency evaluation and
465 submit a report within 90 days after the day on which the forensic evaluator receives the
466 commitment order. If the forensic evaluator is unable to complete the [
467 within 90 days, [
468 summary progress [
469 necessary to complete the [
470 additional [
471 (c) The [
473 psychological symptoms[
475 examiner to make the determination; [
477 (iii) state the forensic evaluator's opinion as to the effect of any false or exaggerated
478 symptoms on the defendant's [
480 treatment for the defendant;
488 amount of time estimated to achieve [
489 determine whether restoration to competency may be achieved.
490 (3) The court on its own motion or upon motion by either party or [
494 evaluation. If the court appoints an additional forensic evaluator upon motion of a party, that
495 party shall pay the costs of the additional forensic evaluator.
496 (4) [
498 forensic evaluator's report of the progress toward competency evaluation, the court shall hold a
499 hearing to review the defendant's competency. At the hearing, the burden of proving that the
500 defendant is competent to stand trial is on the proponent of competency. Following the
501 hearing, the court shall determine by a preponderance of evidence whether the defendant is:
502 (a) competent to stand trial;
503 (b) incompetent to [
504 defendant may become competent in the foreseeable future; or
505 (c) incompetent to [
506 defendant may become competent in the foreseeable future.
507 (5) (a) If the court [
508 defendant is competent to stand trial, the court shall:
509 (i) proceed with the trial or other procedures as may be necessary to adjudicate the
511 (ii) order that the defendant be returned to the placement and status that the defendant
512 was in at the time when the petition for the adjudication of competency was filed, unless the
513 court determines that a different placement is more appropriate.
514 (b) [
518 there is a substantial probability that the defendant may become competent in the foreseeable
519 future, the court may order that the defendant remain committed to the department or the
520 department's designee for the purpose of restoration treatment.
521 (c) If the court [
522 defendant is incompetent to proceed and that there is not a substantial probability that the
523 defendant may become competent in the foreseeable future, the court shall order the defendant
524 released from [
525 prosecutor informs the court that commitment proceedings pursuant to Title 62A, Chapter 5,
526 Services for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental
527 Health Act, will be initiated. These commitment proceedings must be initiated within seven
528 days [
531 makes the determination described in Subsection (4)(c), unless the court finds that there is
532 good cause to delay the initiation of the civil commitment proceedings. The court may order
533 the defendant to remain in the commitment of the department until the civil commitment
534 proceedings conclude. If the defendant is civilly committed, [
536 court that adjudicated the defendant incompetent to proceed at least 10 days [
537 any release of the committed [
544 (6) If a court, under Subsection (5)(b), extends a defendant's commitment, the court
545 shall schedule a competency review hearing for the earlier of:
546 (a) the department's best estimate of when the defendant may be restored to
547 competency; or
548 (b) three months after the day on which the court determined under Subsection (5)(b)
549 to extend the defendant's commitment.
550 (7) If a defendant is not competent to proceed by the day of the competency review
551 hearing that follows the extension of a defendant's commitment, a court shall:
552 (a) except for a defendant charged with crimes listed in Subsection (8), order a
554 (i) released; or
555 (ii) temporarily detained pending civil commitment proceedings under the same terms
556 as described in Subsection (5)(c); and
557 (b) terminate the defendant's commitment to the department for restoration treatment.
558 (8) If the defendant has been charged with aggravated murder, murder, attempted
559 murder, manslaughter, or a first degree felony and the court determines that the defendant is
560 making reasonable progress towards restoration of competency at the time of the hearing held
561 pursuant to Subsection (6), the court may [
562 commitment for a period not to exceed [
564 of the [
569 (9) If at the 9-month review hearing described in Subsection (8), the court determines
570 that the defendant is not competent to proceed, the court shall:
571 (a) order the defendant, except for a defendant charged with aggravated murder or
572 murder, to be:
573 (i) released; or
574 (ii) temporarily detained pending civil commitment proceedings under the same terms
575 as provided in Subsection (5)(c); and
576 (b) terminate the defendant's commitment to the department for restoration treatment.
577 (10) If the defendant has been charged with aggravated murder or murder and the court
578 determines that the defendant is making reasonable progress towards restoration of competency
579 at the time of the [
580 described in Subsection (8), the court may [
581 commitment for a period not to exceed [
583 (11) If the [
584 defendant's commitment term under Subsection (10), the court shall hold a hearing no [
586 extension for the purpose of determining the defendant's competency status.
591 (12) If, at the end of the 24-month commitment period described in Subsection (10),
592 the court determines that the defendant is not competent to proceed, the court shall:
593 (a) order the defendant to be:
594 (i) released; or
595 (ii) temporarily detained pending civil commitment proceedings under the same terms
596 as provided in Subsection (5)(c); and
597 (b) terminate the defendant's commitment to the department for restoration treatment.
604 provisions of this section nor civil commitment requires dismissal of criminal charges. The
605 court may retain jurisdiction over the criminal case and may order periodic reviews [
608 Services for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental
609 Health Act, may still be adjudicated competent to stand trial under this chapter.
611 other than those specified in Subsection (5)(c), (7), (9), or (12), [
612 compel the hearing, or mandamus, but not release from detention or dismissal of the criminal
614 (b) The remedy for a violation of the time periods specified in Subsection (5)(c), (7),
615 (9), or (12), or [
617 for a period of time, that time period may not be considered in computing time limitations
618 under this section.
620 clinical director of the hospital [
623 (b) The court shall conduct a competency review hearing:
624 (i) within 15 working days [
626 receives the certification described in Subsection (17)(a); or
627 (ii) within 30 working days after the day on which the court receives the certification
628 described in Subsection (17)(a), if the court determines that more than 15 days are necessary
629 for good cause related to the defendant's competency.
631 upon recommendations of the clinical director of the hospital or other facility or the [
634 prosecuting attorney. If the hearing is held in the county where the defendant is confined,
635 notice shall also be given to the prosecuting attorney for that county.
636 Section 10. Section 77-15-6.5 is amended to read:
637 77-15-6.5. Petition for involuntary medication of incompetent defendant.
642 determines the rights of the parties and concerning which appellate remedies have been
643 exhausted or the time for appeal has expired.
644 (2) (a) At any time after a defendant has been found incompetent to proceed and has
645 been committed to the [
647 shall notify the court, prosecuting attorney, and attorney for the defendant if the [
649 restoration treatment and is unlikely to be restored to competency without the involuntary
650 administration of antipsychotic medication.
651 (b) The [
652 (2)(a) only if there is no basis for involuntarily medicating the defendant for reasons other than
653 to restore the defendant's competency.
654 (3) In the notice under Subsection (2)(a), the [
655 whether [
656 (a) medication is necessary to render the defendant competent;
657 (b) medication is substantially likely to render the defendant competent;
658 (c) medication is substantially unlikely to produce side effects which would
659 significantly interfere with the defendant's ability to assist in [
660 (d) no less intrusive means are available, and whether any of those means have been
661 attempted to render the defendant competent; and
662 (e) medication is medically appropriate and is in the defendant's best medical interest
663 in light of [
664 (4) (a) [
665 a hearing within [
667 the day on which the court receives the notice described in Subsection (2)(a), regarding the
668 involuntary medication of the defendant.
669 (b) The prosecuting attorney shall represent the state at any hearing under this section.
670 (c) The court shall consider whether the following factors apply in determining
671 whether the defendant should be involuntarily medicated:
672 (i) important state interests are at stake in restoring the defendant's competency;
673 (ii) involuntary medication will significantly further the important state interests, in
674 that the medication proposed:
675 (A) is substantially likely to render the defendant competent to stand trial; and
676 (B) is substantially unlikely to produce side effects which would significantly interfere
677 with the defendant's ability to assist [
679 (iii) involuntary medication is necessary to further important state interests, because
680 any [
682 (iv) the administration of the proposed medication is medically appropriate, as it is in
683 the defendant's best medical interest in light of [
684 (5) In determining whether the proposed treatment is medically appropriate and is in
685 the defendant's best medical interest, the potential penalty the defendant may be subject to, if
686 the defendant is convicted of any charged offense, is not a relevant consideration.
687 (6) (a) If the court finds by clear and convincing evidence that the involuntary
688 administration of antipsychotic medication is appropriate, it shall make findings addressing
689 each of the factors in Subsection (4)(c) and shall issue an order authorizing the [
691 defendant in order to restore [
692 and other procedures provided in Section 77-15-6.
693 (b) When issuing an order under Subsection (6)(a), the court shall consider ordering
694 less intrusive means for administering the drugs, such as a court order to the defendant
695 enforceable by the contempt power, before ordering more intrusive methods of involuntary
697 (7) The provisions in Section 77-15-6 establishing time limitations for treatment of
698 incompetent defendants before they must be either released or civilly committed are tolled
699 from the time the [
700 Subsection (2) until:
701 (a) the court has issued a final order for the involuntary medication of the defendant,
702 and the defendant has been medicated under that order; or
703 (b) the court has issued a final order that the defendant will not be involuntarily
705 (8) This section applies only when [
706 medication is sought solely for the purpose of rendering a defendant competent to [
707 stand trial.
708 Section 11. Section 77-15-7 is amended to read:
709 77-15-7. Statute of limitations and speedy trial -- Effect of incompetency of
711 (1) The statute of limitations is tolled during any period in which the defendant is
712 adjudicated incompetent to proceed.
713 (2) Any period of time during which the defendant has been adjudicated incompetent
714 to proceed and any period during which [
715 may not be computed in determining the defendant's speedy trial rights.
716 Section 12. Section 77-15-9 is amended to read:
717 77-15-9. Expenses.
718 (1) In determining the competence of a defendant to proceed, expenses of examination,
719 observation, or treatment, excluding travel to and from any mental health facility, shall be
720 charged to the [
721 Travel expenses incurred by the defendant shall be charged to the county where prosecution is
722 commenced. Examination of [
723 charged by the department to the municipality or county commencing the prosecution.
724 (2) When examination is initiated by the court or on motion of the prosecutor,
725 expenses of commitment and treatment of the [
727 shall also be charged to the department.
728 (3) Expenses of examination, treatment, or confinement in a mental health facility for
729 any [
730 facility shall be charged to the Department of Corrections.
731 (4) [
732 evaluation, the court determines that a defendant is competent to stand trial, all subsequent
733 costs are charged to the county commencing prosecution. If the defendant requested the
734 examination and is found to be competent to stand trial by the court, the department may
735 recover the expenses of the examination from the defendant.