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• 2024 General Session
• H.B. 94

H.B. 94 Civil Commitment Examiner Requirements

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Abbott, Nelson T.

Floor Sponsor: Sen. Kennedy, Michael S.

• Drafting Attorney: Alan Houston
• Fiscal Analyst: Sean C. Faherty

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• Bill Text
  • Introduced
  • Enrolled

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1

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• Information
  • Last Action: 14 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Mental Health Facilities
  • Mental Health Professionals
  • Insanity Defense/Competency
  • Law Enforcement and Criminal Justice
  • Civil Commitment
  • Local Mental Health Authorities
  • Utah State Hospital

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Enrolled

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H.B. 94

3 26B-5-332

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CIVIL COMMITMENT EXAMINER REQUIREMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Nelson T. Abbott Senate Sponsor: Michael S. Kennedy

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LONG TITLE

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General Description:

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This bill amends provisions related to designated examiners.

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Highlighted Provisions:

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This bill:

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▸related to civil commitments, adds certain psychiatric mental health nurse practitioners

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and psychiatric mental health clinical nurse specialists to the use of the term "designated

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examiner"; and

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▸makes technical and conforming changes.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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26B-5-332, as renumbered and amended by Laws of Utah 2023, Chapter 308

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 26B-5-332 is amended to read:

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26B-5-332. Involuntary commitment under court order -- Examination --

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Hearing -- Power of court -- Findings required -- Costs.

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(1)A responsible individual who has credible knowledge of an adult's mental illness and

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the condition or circumstances that have led to the adult's need to be involuntarily

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committed may initiate an involuntary commitment court proceeding by filing, in the

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court in the county where the proposed patient resides or is found, a written application

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that includes:

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(a)unless the court finds that the information is not reasonably available, the proposed

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patient's:

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(i)name;

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(ii)date of birth; and

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(iii)social security number;

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(b) (i)a certificate of a licensed physician or a designated examiner stating that

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within the seven-day period immediately preceding the certification, the physician

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or designated examiner examined the proposed patient and is of the opinion that

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the proposed patient has a mental illness and should be involuntarily committed; or

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(ii)a written statement by the applicant that:

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(A)the proposed patient has been requested to, but has refused to, submit to an

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examination of mental condition by a licensed physician or designated

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examiner;

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(B)is sworn to under oath; and

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(C)states the facts upon which the application is based; and

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(c)a statement whether the proposed patient has previously been under an assisted

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outpatient treatment order, if known by the applicant.

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(2)Before issuing a judicial order, the court:

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(a)shall require the applicant to consult with the appropriate local mental health

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authority at or before the hearing; and

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(b)may direct a mental health professional from the local mental health authority to

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interview the applicant and the proposed patient to determine the existing facts and

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report the existing facts to the court.

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(3)The court may issue an order, directed to a mental health officer or peace officer, to

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immediately place a proposed patient in the custody of a local mental health authority or

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in a temporary emergency facility, as described in Section 26B-5-334, to be detained for

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the purpose of examination if:

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(a)the court finds from the application, any other statements under oath, or any reports

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from a mental health professional that there is a reasonable basis to believe that the

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proposed patient has a mental illness that poses a danger to self or others and requires

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involuntary commitment pending examination and hearing; or

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(b)the proposed patient refuses to submit to an interview with a mental health

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professional as directed by the court or to go to a treatment facility voluntarily.

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(4) (a)The court shall provide notice of commencement of proceedings for involuntary

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commitment, setting forth the allegations of the application and any reported facts,

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together with a copy of any official order of detention, to a proposed patient before,

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or upon, placement of the proposed patient in the custody of a local mental health

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authority or, with respect to any proposed patient presently in the custody of a local

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mental health authority whose status is being changed from voluntary to involuntary,

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upon the filing of an application for that purpose with the court.

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(b)The place of detention shall maintain a copy of the order of detention.

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(5) (a)The court shall provide notice of commencement of proceedings for involuntary

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commitment as soon as practicable to the applicant, any legal guardian, any

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immediate adult family members, legal counsel for the parties involved, the local

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mental health authority or the local mental health authority's designee, and any other

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persons whom the proposed patient or the court designates.

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(b)Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall

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advise the persons that a hearing may be held within the time provided by law.

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(c)If the proposed patient refuses to permit release of information necessary for

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provisions of notice under this subsection, the court shall determine the extent of

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notice.

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(6)Proceedings for commitment of an individual under 18 years old to a local mental health

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authority may be commenced in accordance with Part 4, Commitment of Persons Under

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Age 18.

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(7) (a)The court may, in the court's discretion, transfer the case to any other district

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court within this state, if the transfer will not be adverse to the interest of the

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proposed patient.

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(b)If a case is transferred under Subsection (7)(a), the parties to the case may be

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transferred and the local mental health authority may be substituted in accordance

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with Utah Rules of Civil Procedure, Rule 25.

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(8)Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a

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judicial order, or after commitment of a proposed patient to a local mental health

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authority or the local mental health authority's designee under court order for detention

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or examination, the court shall appoint two designated examiners:

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(a)who did not sign the civil commitment application nor the civil commitment

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certification under Subsection (1);

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(b)one of whom is :

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(i) a licensed physician; or

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(ii) a psychiatric mental health nurse practitioner or a psychiatric mental health

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clinical nurse specialist who:

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(A) is nationally certified;

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(B) is doctorally trained; and

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(C) has at least two years of inpatient mental health experience, regardless of the

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license the individual held at the time of that experience; and

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(c)one of whom may be designated by the proposed patient or the proposed patient's

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counsel, if that designated examiner is reasonably available.

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(9)The court shall schedule a hearing to be held within 10 calendar days after the day on

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which the designated examiners are appointed.

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(10) (a)The designated examiners shall:

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(i)conduct the examinations separately;

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(ii)conduct the examinations at the home of the proposed patient, at a hospital or

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other medical facility, or at any other suitable place, including through telehealth,

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that is not likely to have a harmful effect on the proposed patient's health;

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(iii)inform the proposed patient, if not represented by an attorney:

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(A)that the proposed patient does not have to say anything;

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(B)of the nature and reasons for the examination;

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(C)that the examination was ordered by the court;

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(D)that any information volunteered could form part of the basis for the proposed

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patient's involuntary commitment;

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(E)that findings resulting from the examination will be made available to the

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court; and

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(F)that the designated examiner may, under court order, obtain the proposed

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patient's mental health records; and

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(iv)within 24 hours of examining the proposed patient, report to the court, orally or

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in writing, whether the proposed patient is mentally ill, has agreed to voluntary

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commitment, as described in Section 26B-5-360, or has acceptable programs

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available to the proposed patient without court proceedings.

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(b)If a designated examiner reports orally under Subsection (10)(a), the designated

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examiner shall immediately send a written report to the clerk of the court.

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(11)If a designated examiner is unable to complete an examination on the first attempt

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because the proposed patient refuses to submit to the examination, the court shall fix a

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reasonable compensation to be paid to the examiner.

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(12)If the local mental health authority, the local mental health authority's designee, or a

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medical examiner determines before the court hearing that the conditions justifying the

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findings leading to a commitment hearing no longer exist, the local mental health

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authority, the local mental health authority's designee, or the medical examiner shall

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immediately report the determination to the court.

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(13)The court may terminate the proceedings and dismiss the application at any time,

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including before the hearing, if the designated examiners or the local mental health

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authority or the local mental health authority's designee informs the court that the

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proposed patient:

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(a)does not meet the criteria in Subsection (16);

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(b)has agreed to voluntary commitment, as described in Section 26B-5-360;

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(c)has acceptable options for treatment programs that are available without court

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proceedings; or

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(d)meets the criteria for assisted outpatient treatment described in Section 26B-5-351.

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(14) (a)Before the hearing, the court shall provide the proposed patient an opportunity

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to be represented by counsel, and if neither the proposed patient nor others provide

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counsel, the court shall appoint counsel and allow counsel sufficient time to consult

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with the proposed patient before the hearing.

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(b)In the case of an indigent proposed patient, the county in which the proposed patient

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resides or is found shall make payment of reasonable attorney fees for counsel, as

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determined by the court.

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(15) (a) (i)The court shall afford the proposed patient, the applicant, and any other

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person to whom notice is required to be given an opportunity to appear at the

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hearing, to testify, and to present and cross-examine witnesses.

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(ii)The court may, in the court's discretion, receive the testimony of any other person.

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(iii)The court may allow a waiver of the proposed patient's right to appear for good

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cause, which cause shall be set forth in the record, or an informed waiver by the

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patient, which shall be included in the record.

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(b)The court is authorized to exclude any person not necessary for the conduct of the

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proceedings and may, upon motion of counsel, require the testimony of each

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designated examiner to be given out of the presence of any other designated

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examiners.

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(c)The court shall conduct the hearing in as informal a manner as may be consistent

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with orderly procedure, and in a physical setting that is not likely to have a harmful

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effect on the mental health of the proposed patient, while preserving the due process

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rights of the proposed patient.

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(d)The court shall consider any relevant historical and material information that is

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offered, subject to the rules of evidence, including reliable hearsay under Utah Rules

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of Evidence, Rule 1102.

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(e) (i)A local mental health authority or the local mental health authority's designee

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or the physician in charge of the proposed patient's care shall, at the time of the

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hearing, provide the court with the following information:

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(A)the detention order;

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(B)admission notes;

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(C)the diagnosis;

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(D)any doctors' orders;

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(E)progress notes;

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(F)nursing notes;

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(G)medication records pertaining to the current commitment; and

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(H)whether the proposed patient has previously been civilly committed or under

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an order for assisted outpatient treatment.

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(ii)The information described in Subsection (15)(e)(i) shall also be supplied to the

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proposed patient's counsel at the time of the hearing, and at any time prior to the

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hearing upon request.

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(16) (a)The court shall order commitment of an adult proposed patient to a local mental

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health authority if, upon completion of the hearing and consideration of the

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information presented, the court finds by clear and convincing evidence that:

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(i)the proposed patient has a mental illness;

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(ii)because of the proposed patient's mental illness the proposed patient poses a

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substantial danger to self or others;

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(iii)the proposed patient lacks the ability to engage in a rational decision-making

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process regarding the acceptance of mental treatment as demonstrated by evidence

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of inability to weigh the possible risks of accepting or rejecting treatment;

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(iv)there is no appropriate less-restrictive alternative to a court order of commitment;

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and

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(v)the local mental health authority can provide the proposed patient with treatment

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that is adequate and appropriate to the proposed patient's conditions and needs.

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(b) (i)If, at the hearing, the court determines that the proposed patient has a mental

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illness but does not meet the other criteria described in Subsection (16)(a), the

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court may consider whether the proposed patient meets the criteria for assisted

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outpatient treatment under Section 26B-5-351.

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(ii)The court may order the proposed patient to receive assisted outpatient treatment

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in accordance with Section 26B-5-351 if, at the hearing, the court finds the

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proposed patient meets the criteria for assisted outpatient treatment under Section

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26B-5-351 .

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(iii)If the court determines that neither the criteria for commitment under Subsection

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(16)(a) nor the criteria for assisted outpatient treatment under Section 26B-5-351

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are met, the court shall dismiss the proceedings after the hearing.

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(17) (a) (i)The order of commitment shall designate the period for which the patient

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shall be treated.

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(ii)If the patient is not under an order of commitment at the time of the hearing, the

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patient's treatment period may not exceed six months without a review hearing.

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(iii)Upon a review hearing, to be commenced before the expiration of the previous

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order of commitment, an order for commitment may be for an indeterminate

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period, if the court finds by clear and convincing evidence that the criteria

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described in Subsection (16) will last for an indeterminate period.

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(b) (i)The court shall maintain a current list of all patients under the court's order of

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commitment and review the list to determine those patients who have been under

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an order of commitment for the court designated period.

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(ii)At least two weeks before the expiration of the designated period of any order of

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commitment still in effect, the court that entered the original order of commitment

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shall inform the appropriate local mental health authority or the local mental

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health authority's designee of the expiration.

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(iii)Upon receipt of the information described in Subsection (17)(b)(ii), the local

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mental health authority or the local mental health authority's designee shall

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immediately reexamine the reasons upon which the order of commitment was

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based.

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(iv)If, after reexamination under Subsection (17)(b)(iii), the local mental health

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authority or the local mental health authority's designee determines that the

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conditions justifying commitment no longer exist, the local mental health

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authority or the local mental health authority's designee shall discharge the patient

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from involuntary commitment and immediately report the discharge to the court.

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(v)If, after reexamination under Subsection (17)(b)(iii), the local mental health

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authority or the local mental health authority's designee determines that the

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conditions justifying commitment continue to exist, the court shall immediately

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appoint two designated examiners and proceed under Subsections (8) through (14).

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(c) (i)The local mental health authority or the local mental health authority's

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designee responsible for the care of a patient under an order of commitment for an

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indeterminate period shall, at six-month intervals, reexamine the reasons upon

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which the order of indeterminate commitment was based.

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(ii)If the local mental health authority or the local mental health authority's designee

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determines that the conditions justifying commitment no longer exist, the local

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mental health authority or the local mental health authority's designee shall

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discharge the patient from the local mental health authority's or the local mental

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health authority designee's custody and immediately report the discharge to the

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court.

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(iii)If the local mental health authority or the local mental health authority's designee

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determines that the conditions justifying commitment continue to exist, the local

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mental health authority or the local mental health authority's designee shall send a

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written report of the findings to the court.

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(iv)A patient and the patient's counsel of record shall be notified in writing that the

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involuntary commitment will be continued under Subsection (17)(c)(iii), the

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reasons for the decision to continue, and that the patient has the right to a review

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hearing by making a request to the court.

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(v)Upon receiving a request under Subsection (17)(c)(iv), the court shall

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immediately appoint two designated examiners and proceed under Subsections (8)

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through (14).

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(18) (a)Any patient committed as a result of an original hearing or a patient's legally

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designated representative who is aggrieved by the findings, conclusions, and order of

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the court entered in the original hearing has the right to a new hearing upon a petition

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filed with the court within 30 days after the day on which the court order is entered.

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(b)The petition shall allege error or mistake in the findings, in which case the court shall

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appoint three impartial designated examiners previously unrelated to the case to

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conduct an additional examination of the patient.

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(c)Except as provided in Subsection (18)(b), the court shall, in all other respects,

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conduct the new hearing in the manner otherwise permitted.

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(19)The county in which the proposed patient resides or is found shall pay the costs of all

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proceedings under this section.

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Section 2. Effective date. This bill takes effect on May 1, 2024.