Utah Code § 26B-6-608 — Utah Code / Title 26B / Chapter 26B-6 / § 26B-6-608
§ 26B-6-608. Involuntary commitment -- Procedures -- Necessary findings -- Periodic review.
Status: in_force

(1) (a) Any responsible person who has reason to know that an individual is in need of commitment, who has a belief that the individual has an intellectual disability or related condition, and who has personal knowledge of the conditions and circumstances supporting that belief, may make a referral to the division to conduct an assessment to determine if the individual meets the criteria for involuntary commitment under this section. (b) (i) To conduct an assessment of an individual who may be in need of commitment under this section, the division shall have two designated intellectual disability professionals examine the individual. (ii) The examinations described in Subsection (1)(b)(i) shall be conducted separately and at a suitable location not likely to have a harmful effect on the individual being examined. (c) If the designated intellectual disability professionals who conduct the examinations described in Subsection (1)(b)(i) both believe the examined individual meets the criteria for involuntary commitment under this section, the division may file a written petition to commence involuntary commitment proceedings with the district court, or with the juvenile court if the subject of the petition is less than 18 years old, of the county in which the subject of the petition is physically located at the time the petition is filed. (d) (i) The division shall include with a petition described in Subsection (1)(c) a certification from each of the designated intellectual disability professionals who examined the subject of the petition. (ii) A designated intellectual disability professional's certification shall state that: (A) within a seven-day period immediately preceding the filing of the petition, the designated intellectual disability professional examined the subject of the petition separate from the other designated intellectual disability professional; and (B) it is the designated intellectual disability professional's belief that the subject of the petition has an intellectual disability or related condition and meets the criteria for involuntary commitment under this section. (2) (a) If, pursuant to Title 77, Chapter 15, Defendant's Competency to Proceed, or Title 80, Chapter 6, Part 4, Competency, a prosecutor informs a court that commitment proceedings will be initiated, the prosecutor shall make a referral to the division pursuant to Subsection (1). (b) If a prosecutor makes a referral to the division pursuant to Subsection (1), the division shall complete an assessment as described in Subsection (1)(b) within seven days after the day on which the prosecutor makes the referral unless the court enlarges the time for good cause shown. (c) Upon completion of the assessment described in Subsection (2)(b), if the designated intellectual disability professionals who examine the individual who is the subject of the referral both certify that they believe the individual meets the criteria for involuntary commitment under this section, the division may file a petition to commence involuntary commitment proceedings in accordance with Subsections (1)(c) and (d). (3) (a) Immediately after the division files a petition for involuntary commitment under this section, the court shall: (i) schedule a hearing on the petition for no later than 10 days after the day on which the division filed the petition; and (ii) give notice of commencement of the proceedings to: (A) the individual to be committed; (B) the referent under Subsection (1)(a) or (2)(a), if applicable; (C) any legal guardian of the individual; (D) adult members of the individual's immediate family; (E) legal counsel of the individual to be committed, if any; (F) the division; and (G) any other person to whom the individual requests, or the court designates, notice to be given. (b) If an individual cannot or refuses to disclose the identity of persons to be notified, the extent of notice shall be determined by the court. (4) The notice described in Subsection (3) shall: (a) set forth the allegations of the petition and all supporting facts; (b) be accompanied by a copy of an emergency order issued under Section 26B-6-607, if applicable; and (c) state that a hearing will be held within the time provided by law, and give the time and place for that hearing. (5) The court may transfer the case and the custody of the individual to be committed to any other district court within the state if the individual resides in another jurisdiction within the state. (6) (a) (i) Each individual has the right to be represented by counsel at the commitment hearing and in all preliminary proceedings. (ii) If neither the individual nor others provide counsel, the court shall appoint counsel and allow sufficient time for counsel to consult with the individual prior to any hearing. (b) If the individual is indigent, the county in which the individual was physically located when taken into custody shall pay reasonable attorney fees as determined by the court. (7) Upon order of the court, the division or the division's designee shall provide all relevant documentation on the individual to be committed to the court and the individual's attorney. (8) (a) The court shall provide an opportunity to the individual, the petitioner, and all other persons to whom notice is required to be given to appear at the hearing, to testify, and to present and cross-examine witnesses. (b) The court may, in its discretion: (i) receive the testimony of any other person; (ii) allow a waiver of the right to appear only for good cause shown; (iii) exclude from the hearing all persons not necessary to conduct the proceedings; and (iv) upon motion of counsel, require the testimony of each examiner to be given out of the presence of any other examiner. (c) (i) 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 individual. (ii) The Utah Rules of Evidence apply, and the hearing shall be a matter of court record. (iii) A verbatim record of the proceedings shall be maintained. (9) The court may order commitment if, upon completion of the hearing and consideration of the record, the court finds by clear and convincing evidence that all of the following conditions are met: (a) the individual to be committed has an intellectual disability or a related condition; (b) because of the individual's intellectual disability or related condition, one or more of the following conditions exist: (i) the individual poses substantial danger to self or others; (ii) the individual lacks the capacity to provide the basic necessities of life, such as food, clothing, or shelter; (iii) the individual is in immediate need of habilitation, rehabilitation, care, or treatment to minimize the effects of the condition which poses a risk of substantial danger to self or others; or (iv) the individual lacks the capacity to engage in a rational decision-making process concerning the need for habilitation, rehabilitation, care, or treatment, as evidenced by an inability to weigh the possible costs and benefits of the care or treatment and the alternatives to it; (c) there is no appropriate, less restrictive alternative reasonably available; and (d) the division can provide the individual with treatment, care, habilitation, or rehabilitation that is adequate and appropriate to the individual's condition and needs. (10) In the absence of any of the required findings by the court, described in Subsection (9), the court shall dismiss the proceedings. (11) (a) The order of commitment shall designate the period for which the individual will be committed. (b) An initial commitment may not exceed six months. (12) (a) An individual committed under this part has the right to a rehearing if, within 15 days after the court enters the order of commitment, the individual files a petition with the court alleging error or mistake in the court's findings. (b) Upon a request for rehearing filed in accordance with Subsection (12)(a), the court shall: (i) appoint two impartial designated intellectual disability professionals who have not previously been involved in the case to examine the individual; and (ii) schedule a rehearing to be held within 30 days after the court entered the order of commitment. (c) In all other respects, the rehearing shall be conducted in accordance with this part. (13) (a) (i) The court shall maintain a current list of all individuals under its orders of commitment. (ii) The court shall review the list described in Subsection (13)(a)(i) to determine those patients who have been under an order of commitment for the designated period. (b) At least two weeks prior to the expiration of the designated period of any commitment order still in effect, the court that entered the original order shall commence and send notice to all parties of a review hearing for the committed individual. (c) Prior to the review hearing, a division-designated intellectual disability professional shall reexamine the basis for the order of commitment and provide a report of that reexamination to the court. (d) At the conclusion of a review hearing, the court may: (i) issue an order of commitment for up to a one-year period; or (ii) discharge the individual from involuntary commitment if the conditions justifying commitment no longer exist. (e) If at any time during the commitment period the director or the director's designee determines that the conditions justifying commitment no longer exist, the division shall immediately discharge the individual from the commitment and notify the court. (f) If the division does not discharge an individual at the end of the designated period of a commitment order, the court shall order the immediate discharge of the individual unless involuntary commitment proceedings are commenced again in accordance with this section. (14) When a resident is discharged under this section, the division shall continue to provide division services for which the individual is eligible and as required to meet the resident's needs. (15) (a) The division shall provide discharge instructions to each individual committed under this section at or before the time the individual is discharged from the custody of the division, regardless of whether the individual is discharged by being released or under other circumstances. (b) Discharge instructions provided under Subsection (15)(a) shall include: (i) the phone number to call or text for a crisis services hotline, and information about the availability of peer support services; and (ii) information about how to contact the division if needed. (c) The division shall attempt to follow up with a discharged individual at least 48 hours after discharge, and may use peer support professionals when performing follow-up care or developing a continuing care plan.