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7 LONG TITLE
8 General Description:
9 This bill amends the criteria for involuntary civil commitment.
10 Highlighted Provisions:
11 This bill:
12 ▸ in certain circumstances, provides for the court-ordered civil commitment of an
13 individual who:
14 • has been charged with a crime;
15 • is incompetent to proceed;
16 • has a mental illness; and
17 • has a persistent unawareness of their mental illness or unreasonably refused to
18 undergo mental health treatment;
19 ▸ provides a severability clause; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a coordination clause.
25 Utah Code Sections Affected:
26 AMENDS:
27 26B-5-332, as renumbered and amended by Laws of Utah 2023, Chapter 308
28 Utah Code Sections Affected By Coordination Clause:
29 26B-5-332, as renumbered and amended by Laws of Utah 2023, Chapter 308
30 26B-5-351, as renumbered and amended by Laws of Utah 2023, Chapter 308
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32 Be it enacted by the Legislature of the state of Utah:
33 The following section is affected by a coordination clause at the end of this bill.
34 Section 1. Section 26B-5-332 is amended to read:
35 26B-5-332. Involuntary commitment under court order -- Examination --
36 Hearing -- Power of court -- Findings required -- Costs -- Severability.
37 (1) A responsible individual who has credible knowledge of an adult's mental illness
38 and the condition or circumstances that have led to the adult's need to be involuntarily
39 committed may initiate an involuntary commitment court proceeding by filing, in the court in
40 the county where the proposed patient resides or is found, a written application that includes:
41 (a) unless the court finds that the information is not reasonably available, the proposed
42 patient's:
43 (i) name;
44 (ii) date of birth; and
45 (iii) social security number;
46 (b) (i) a certificate of a licensed physician or a designated examiner stating that within
47 the seven-day period immediately preceding the certification, the physician or designated
48 examiner examined the proposed patient and is of the opinion that the proposed patient has a
49 mental illness and should be involuntarily committed; or
50 (ii) a written statement by the applicant that:
51 (A) the proposed patient has been requested to, but has refused to, submit to an
52 examination of mental condition by a licensed physician or designated examiner;
53 (B) is sworn to under oath; and
54 (C) states the facts upon which the application is based; and
55 (c) a statement whether the proposed patient has previously been under an assisted
56 outpatient treatment order, if known by the applicant.
57 (2) Before issuing a judicial order, the court:
58 (a) shall require the applicant to consult with the appropriate local mental health
59 authority at or before the hearing; and
60 (b) may direct a mental health professional from the local mental health authority to
61 interview the applicant and the proposed patient to determine the existing facts and report the
62 existing facts to the court.
63 (3) The court may issue an order, directed to a mental health officer or peace officer, to
64 immediately place a proposed patient in the custody of a local mental health authority or in a
65 temporary emergency facility, as described in Section 26B-5-334, to be detained for the
66 purpose of examination if:
67 (a) the court finds from the application, any other statements under oath, or any reports
68 from a mental health professional that there is a reasonable basis to believe that the proposed
69 patient has a mental illness that poses a danger to self or others and requires involuntary
70 commitment pending examination and hearing; or
71 (b) the proposed patient refuses to submit to an interview with a mental health
72 professional as directed by the court or to go to a treatment facility voluntarily.
73 (4) (a) The court shall provide notice of commencement of proceedings for involuntary
74 commitment, setting forth the allegations of the application and any reported facts, together
75 with a copy of any official order of detention, to a proposed patient before, or upon, placement
76 of the proposed patient in the custody of a local mental health authority or, with respect to any
77 proposed patient presently in the custody of a local mental health authority whose status is
78 being changed from voluntary to involuntary, upon the filing of an application for that purpose
79 with the court.
80 (b) The place of detention shall maintain a copy of the order of detention.
81 (5) (a) The court shall provide notice of commencement of proceedings for involuntary
82 commitment as soon as practicable to the applicant, any legal guardian, any immediate adult
83 family members, legal counsel for the parties involved, the local mental health authority or the
84 local mental health authority's designee, and any other persons whom the proposed patient or
85 the court designates.
86 (b) Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall
87 advise the persons that a hearing may be held within the time provided by law.
88 (c) If the proposed patient refuses to permit release of information necessary for
89 provisions of notice under this subsection, the court shall determine the extent of notice.
90 (6) Proceedings for commitment of an individual under 18 years old to a local mental
91 health authority may be commenced in accordance with Part 4, Commitment of Persons Under
92 Age 18.
93 (7) (a) The court may, in the court's discretion, transfer the case to any other district
94 court within this state, if the transfer will not be adverse to the interest of the proposed patient.
95 (b) If a case is transferred under Subsection (7)(a), the parties to the case may be
96 transferred and the local mental health authority may be substituted in accordance with Utah
97 Rules of Civil Procedure, Rule 25.
98 (8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
99 of a judicial order, or after commitment of a proposed patient to a local mental health authority
100 or the local mental health authority's designee under court order for detention or examination,
101 the court shall appoint two designated examiners:
102 (a) who did not sign the civil commitment application nor the civil commitment
103 certification under Subsection (1);
104 (b) one of whom is a licensed physician; and
105 (c) one of whom may be designated by the proposed patient or the proposed patient's
106 counsel, if that designated examiner is reasonably available.
107 (9) The court shall schedule a hearing to be held within 10 calendar days after the day
108 on which the designated examiners are appointed.
109 (10) (a) The designated examiners shall:
110 (i) conduct the examinations separately;
111 (ii) conduct the examinations at the home of the proposed patient, at a hospital or other
112 medical facility, or at any other suitable place, including through telehealth, that is not likely to
113 have a harmful effect on the proposed patient's health;
114 (iii) inform the proposed patient, if not represented by an attorney:
115 (A) that the proposed patient does not have to say anything;
116 (B) of the nature and reasons for the examination;
117 (C) that the examination was ordered by the court;
118 (D) that any information volunteered could form part of the basis for the proposed
119 patient's involuntary commitment;
120 (E) that findings resulting from the examination will be made available to the court;
121 and
122 (F) that the designated examiner may, under court order, obtain the proposed patient's
123 mental health records; and
124 (iv) within 24 hours of examining the proposed patient, report to the court, orally or in
125 writing, whether the proposed patient is mentally ill, has agreed to voluntary commitment, as
126 described in Section 26B-5-360, or has acceptable programs available to the proposed patient
127 without court proceedings.
128 (b) If a designated examiner reports orally under Subsection (10)(a), the designated
129 examiner shall immediately send a written report to the clerk of the court.
130 (11) If a designated examiner is unable to complete an examination on the first attempt
131 because the proposed patient refuses to submit to the examination, the court shall fix a
132 reasonable compensation to be paid to the examiner.
133 (12) If the local mental health authority, the local mental health authority's designee, or
134 a medical examiner determines before the court hearing that the conditions justifying the
135 findings leading to a commitment hearing no longer exist, the local mental health authority, the
136 local mental health authority's designee, or the medical examiner shall immediately report the
137 determination to the court.
138 (13) The court may terminate the proceedings and dismiss the application at any time,
139 including before the hearing, if the designated examiners or the local mental health authority or
140 the local mental health authority's designee informs the court that the proposed patient:
141 (a) does not meet the criteria in Subsection (16);
142 (b) has agreed to voluntary commitment, as described in Section 26B-5-360;
143 (c) has acceptable options for treatment programs that are available without court
144 proceedings; or
145 (d) meets the criteria for assisted outpatient treatment described in Section 26B-5-351.
146 (14) (a) Before the hearing, the court shall provide the proposed patient an opportunity
147 to be represented by counsel, and if neither the proposed patient nor others provide counsel, the
148 court shall appoint counsel and allow counsel sufficient time to consult with the proposed
149 patient before the hearing.
150 (b) In the case of an indigent proposed patient, the county in which the proposed
151 patient resides or is found shall make payment of reasonable attorney fees for counsel, as
152 determined by the court.
153 (15) (a) (i) The court shall afford the proposed patient, the applicant, and any other
154 person to whom notice is required to be given an opportunity to appear at the hearing, to
155 testify, and to present and cross-examine witnesses.
156 (ii) The court may, in the court's discretion, receive the testimony of any other person.
157 (iii) The court may allow a waiver of the proposed patient's right to appear for good
158 cause, which cause shall be set forth in the record, or an informed waiver by the patient, which
159 shall be included in the record.
160 (b) The court is authorized to exclude any person not necessary for the conduct of the
161 proceedings and may, upon motion of counsel, require the testimony of each designated
162 examiner to be given out of the presence of any other designated examiners.
163 (c) The court shall conduct the hearing in as informal a manner as may be consistent
164 with orderly procedure, and in a physical setting that is not likely to have a harmful effect on
165 the mental health of the proposed patient, while preserving the due process rights of the
166 proposed patient.
167 (d) The court shall consider any relevant historical and material information that is
168 offered, subject to the rules of evidence, including reliable hearsay under Utah Rules of
169 Evidence, Rule 1102.
170 (e) (i) A local mental health authority or the local mental health authority's designee or
171 the physician in charge of the proposed patient's care shall, at the time of the hearing, provide
172 the court with the following information:
173 (A) the detention order;
174 (B) admission notes;
175 (C) the diagnosis;
176 (D) any doctors' orders;
177 (E) progress notes;
178 (F) nursing notes;
179 (G) medication records pertaining to the current commitment; and
180 (H) whether the proposed patient has previously been civilly committed or under an
181 order for assisted outpatient treatment.
182 (ii) The information described in Subsection (15)(e)(i) shall also be supplied to the
183 proposed patient's counsel at the time of the hearing, and at any time prior to the hearing upon
184 request.
185 (16) (a) The court shall order commitment of an adult proposed patient to a local
186 mental health authority if, upon completion of the hearing and consideration of the information
187 presented, the court finds by clear and convincing evidence that:
188 (i) [
189 [
190 substantial danger to self or others;
191 [
192 process regarding the acceptance of mental treatment as demonstrated by evidence of inability
193 to weigh the possible risks of accepting or rejecting treatment;
194 [
195 commitment; and
196 [
197 treatment that is adequate and appropriate to the proposed patient's conditions and needs[
198 (ii) (A) the proposed patient has been charged with a criminal offense;
199 (B) with respect to the charged offense, the proposed patient is found incompetent to
200 proceed as a result of a mental illness;
201 (C) the proposed patient has a mental illness;
202 (D) the proposed patient has a persistent unawareness of their mental illness and the
203 negative consequences of that illness, or within the preceding six months has been requested or
204 ordered to undergo mental health treatment but has unreasonably refused to undergo that
205 treatment;
206 (E) there is no appropriate less-restrictive alternative to a court order of commitment;
207 and
208 (F) the local mental health authority can provide the proposed patient with treatment
209 that is adequate and appropriate to the proposed patient's conditions and needs.
210 (b) (i) If, at the hearing, the court determines that the proposed patient has a mental
211 illness but does not meet the other criteria described in Subsection (16)(a), the court may
212 consider whether the proposed patient meets the criteria for assisted outpatient treatment under
213 Section 26B-5-351.
214 (ii) The court may order the proposed patient to receive assisted outpatient treatment in
215 accordance with Section 26B-5-351 if, at the hearing, the court finds the proposed patient
216 meets the criteria for assisted outpatient treatment under Section 26B-5-351.
217 (iii) If the court determines that neither the criteria for commitment under Subsection
218 (16)(a) nor the criteria for assisted outpatient treatment under Section 26B-5-351 are met, the
219 court shall dismiss the proceedings after the hearing.
220 (17) (a) (i) The order of commitment shall designate the period for which the patient
221 shall be treated.
222 (ii) If the patient is not under an order of commitment at the time of the hearing, the
223 patient's treatment period may not exceed six months without a review hearing.
224 (iii) Upon a review hearing, to be commenced before the expiration of the previous
225 order of commitment, an order for commitment may be for an indeterminate period, if the court
226 finds by clear and convincing evidence that the criteria described in Subsection (16) will last
227 for an indeterminate period.
228 (b) (i) The court shall maintain a current list of all patients under the court's order of
229 commitment and review the list to determine those patients who have been under an order of
230 commitment for the court designated period.
231 (ii) At least two weeks before the expiration of the designated period of any order of
232 commitment still in effect, the court that entered the original order of commitment shall inform
233 the appropriate local mental health authority or the local mental health authority's designee of
234 the expiration.
235 (iii) Upon receipt of the information described in Subsection (17)(b)(ii), the local
236 mental health authority or the local mental health authority's designee shall immediately
237 reexamine the reasons upon which the order of commitment was based.
238 (iv) If, after reexamination under Subsection (17)(b)(iii), the local mental health
239 authority or the local mental health authority's designee determines that the conditions
240 justifying commitment no longer exist, the local mental health authority or the local mental
241 health authority's designee shall discharge the patient from involuntary commitment and
242 immediately report the discharge to the court.
243 (v) If, after reexamination under Subsection (17)(b)(iii), the local mental health
244 authority or the local mental health authority's designee determines that the conditions
245 justifying commitment continue to exist, the court shall immediately appoint two designated
246 examiners and proceed under Subsections (8) through (14).
247 (c) (i) The local mental health authority or the local mental health authority's designee
248 responsible for the care of a patient under an order of commitment for an indeterminate period
249 shall, at six-month intervals, reexamine the reasons upon which the order of indeterminate
250 commitment was based.
251 (ii) If the local mental health authority or the local mental health authority's designee
252 determines that the conditions justifying commitment no longer exist, the local mental health
253 authority or the local mental health authority's designee shall discharge the patient from the
254 local mental health authority's or the local mental health authority designee's custody and
255 immediately report the discharge to the court.
256 (iii) If the local mental health authority or the local mental health authority's designee
257 determines that the conditions justifying commitment continue to exist, the local mental health
258 authority or the local mental health authority's designee shall send a written report of the
259 findings to the court.
260 (iv) A patient and the patient's counsel of record shall be notified in writing that the
261 involuntary commitment will be continued under Subsection (17)(c)(iii), the reasons for the
262 decision to continue, and that the patient has the right to a review hearing by making a request
263 to the court.
264 (v) Upon receiving a request under Subsection (17)(c)(iv), the court shall immediately
265 appoint two designated examiners and proceed under Subsections (8) through (14).
266 (18) (a) Any patient committed as a result of an original hearing or a patient's legally
267 designated representative who is aggrieved by the findings, conclusions, and order of the court
268 entered in the original hearing has the right to a new hearing upon a petition filed with the court
269 within 30 days after the day on which the court order is entered.
270 (b) The petition shall allege error or mistake in the findings, in which case the court
271 shall appoint three impartial designated examiners previously unrelated to the case to conduct
272 an additional examination of the patient.
273 (c) Except as provided in Subsection (18)(b), the court shall, in all other respects,
274 conduct the new hearing in the manner otherwise permitted.
275 (19) The county in which the proposed patient resides or is found shall pay the costs of
276 all proceedings under this section.
277 (20) If any provision of Subsection (16)(a)(ii) or the application of any provision of
278 Subsection (16)(a)(ii) to any person or circumstance is held invalid by a court with jurisdiction,
279 the remainder of Subsection (16)(a)(ii) shall be given effect without the invalid provision or
280 application. The provisions of Subsection (16)(a)(ii) are severable.
281 Section 2. Effective date.
282 This bill takes effect on May 1, 2024.
283 Section 3. Coordinating H.B. 203 with H.B. 299.
284 If H.B. 203, Involuntary Commitment Amendments, and H.B. 299, Court-Ordered
285 Treatment Modifications, both pass and become law, the Legislature intends that, on May 1,
286 2024:
287 (1) this coordination clause supersedes the coordination clause in H.B. 299, which
288 coordinates H.B. 299 with H.B. 203;
289 (2) the changes to Subsection 26B-5-332(16) in H.B. 299 not be made; and
290 (3) the changes to Section 26B-5-351 in H.B. 299 not be made.