reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 325 - Responsibility for education of school-aged children at the hospital -- Responsibility for noninstructional services.

Effective 5/3/2023
26B-5-325.
Responsibility for education of school-aged children at the hospital -- Responsibility for noninstructional services.
(1) The State Board of Education is responsible for the education of school-aged children committed to the division.
(2) In order to fulfill its responsibility under Subsection (1), the board may contract with local school districts or other appropriate agencies to provide educational and related administrative services.
(3) Medical, residential, and other noninstructional services at the state hospital are the responsibility of the division.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 326 - Allocation of state hospital beds -- Formula.

Effective 5/3/2023
26B-5-326.
Allocation of state hospital beds -- Formula.
(1) As used in this section:
(a) "Adult beds" means the total number of patient beds located in the adult general psychiatric unit and the geriatric unit at the state hospital, as determined by the superintendent of the state hospital.
(b) "Mental health catchment area" means a county or group of counties governed by a local mental health authority.
(2)
(a) The division shall establish by rule a formula to separately allocate to local mental health authorities adult beds for persons who meet the requirements of Subsection 26B-5-306(2)(a). Beginning on May 10, 2011, and ending on June 30, 2011, 152 beds shall be allocated to local mental health authorities under this section.
(b) The number of beds shall be reviewed and adjusted as necessary:
(i) on July 1, 2011, to restore the number of beds allocated to 212 beds as funding permits; and
(ii) on July 1, 2011, and every three years after July 1, 2011, according to the state's population.
(c) All population figures utilized shall reflect the most recent available population estimates from the Utah Population Committee.
(3) The formula established under Subsection (2) shall provide for allocation of beds based on:
(a) the percentage of the state's adult population located within a mental health catchment area; and
(b) a differential to compensate for the additional demand for hospital beds in mental health catchment areas that are located in urban areas.
(4) A local mental health authority may sell or loan its allocation of beds to another local mental health authority.
(5) The division shall allocate adult beds at the state hospital to local mental health authorities for their use in accordance with the formula established under this section. If a local mental health authority is unable to access a bed allocated to it under the formula established under Subsection (2), the division shall provide that local mental health authority with funding equal to the reasonable, average daily cost of an acute care bed purchased by the local mental health authority.
(6) The board shall periodically review and make changes in the formula established under Subsection (2) as necessary to accurately reflect changes in population.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 327 - Allocation of pediatric state hospital beds -- Formula.

Effective 5/3/2023
26B-5-327.
Allocation of pediatric state hospital beds -- Formula.
(1) As used in this section:
(a) "Mental health catchment area" means a county or group of counties governed by a local mental health authority.
(b) "Pediatric beds" means the total number of patient beds located in the children's unit and the youth units at the state hospital, as determined by the superintendent of the state hospital.
(2) On July 1, 1996, 72 pediatric beds shall be allocated to local mental health authorities under this section. The division shall review and adjust the number of pediatric beds as necessary every three years according to the state's population of persons under 18 years old. All population figures utilized shall reflect the most recent available population estimates from the Governor's Office of Planning and Budget.
(3) The allocation of beds shall be based on the percentage of the state's population of persons under 18 years old located within a mental health catchment area. Each community mental health center shall be allocated at least one bed.
(4) A local mental health authority may sell or loan its allocation of beds to another local mental health authority.
(5) The division shall allocate 72 pediatric beds at the state hospital to local mental health authorities for their use in accordance with the formula established under this section. If a local mental health authority is unable to access a bed allocated to it under that formula, the division shall provide that local mental health authority with funding equal to the reasonable, average daily cost of an acute care bed purchased by the local mental health authority.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 330 - Involuntary commitment -- Procedures.

Effective 5/3/2023
26B-5-330.
Involuntary commitment -- Procedures.
(1) An adult may not be involuntarily committed to the custody of a local mental health authority except under the following provisions:
(a) emergency procedures for temporary commitment upon medical or designated examiner certification, as provided in Subsection 26B-5-331(1)(a);
(b) emergency procedures for temporary commitment without endorsement of medical or designated examiner certification, as provided in Subsection 26B-5-331(1)(b); or
(c) commitment on court order, as provided in Section 26B-5-332.
(2) A person under 18 years old may be committed to the physical custody of a local mental health authority only in accordance with the provisions of Part 4, Commitment of Persons Under Age 18.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 333 - Circumstances under which conditions justifying initial involuntary commitment shall be considered to continue to exist.

Effective 5/3/2023
26B-5-333.
Circumstances under which conditions justifying initial involuntary commitment shall be considered to continue to exist.
(1) When an individual is involuntarily committed to the custody of a local mental health authority under Subsection 26B-5-332(16), the conditions justifying commitment under that Subsection shall be considered to continue to exist for purposes of continued treatment under Subsection 26B-5-332(17) or conditional release under Section 26B-5-337 if the court finds that:
(a) the patient is still mentally ill;
(b) there is no appropriate less restrictive alternative to a court order of involuntary commitment; and
(c) absent an order of involuntary commitment, the patient will likely pose a substantial danger to self or others.
(2) When an individual has been ordered to assisted outpatient treatment under Subsection 26B-5-351(14), the individual may be involuntarily committed to the custody of a local mental health authority under Subsection 26B-5-332(16) for purposes of continued treatment under Subsection 26B-5-332(17) or conditional release under Section 26B-5-337, if the court finds that:
(a) the patient is still mentally ill;
(b) there is no appropriate less-restrictive alternative to a court order of involuntary commitment; and
(c) based upon the patient's conduct and statements during the preceding six months, or the patient's failure to comply with treatment recommendations during the preceding six months, the court finds that absent an order of involuntary commitment, the patient is likely to pose a substantial danger to self or others.
(3) A patient whose treatment is continued or who is conditionally released under the terms of this section shall be maintained in the least restrictive environment available that can provide the patient with treatment that is adequate and appropriate.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 334 - Detention pending placement in custody.

Effective 5/3/2023
26B-5-334.
Detention pending placement in custody.
Pending commitment to a local mental health authority, a patient taken into custody or ordered to be committed pursuant to this part may be detained in the patient's home, a licensed foster home, or any other suitable facility under reasonable conditions prescribed by the local mental health authority. Except in an extreme emergency, the patient may not be detained in a nonmedical facility used for the detention of individuals charged with or convicted of criminal offenses. The local mental health authority shall take reasonable measures, including provision of medical care, as may be necessary to assure proper care of an individual temporarily detained pursuant to this section.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 335 - Notice of commitment.

Effective 5/3/2023
26B-5-335.
Notice of commitment.
Whenever a patient has been temporarily, involuntarily committed to a local mental health authority under Section 26B-5-331 on the application of an individual other than the patient's legal guardian, spouse, or next of kin, the local mental health authority or a designee of the local mental health authority shall immediately notify the patient's legal guardian, spouse, or next of kin, if known.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 336 - Periodic review -- Discharge.

Effective 5/3/2023
26B-5-336.
Periodic review -- Discharge.
Each local mental health authority or its designee shall, as frequently as practicable, examine or cause to be examined every person who has been committed to it. Whenever the local mental health authority or its designee determines that the conditions justifying involuntary commitment no longer exist, it shall discharge the patient. If the patient has been committed through judicial proceedings, a report describing that determination shall be sent to the clerk of the court where the proceedings were held.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 338 - Reexamination of court order for commitment -- Procedures -- Costs.

Effective 5/3/2023
26B-5-338.
Reexamination of court order for commitment -- Procedures -- Costs.
(1) Any patient committed pursuant to Section 26B-5-332 is entitled to a reexamination of the order for commitment on the patient's own petition, or on that of the legal guardian, parent, spouse, relative, or friend, to the court of the county in which the patient resides or is detained.
(2) Upon receipt of the petition, the court shall conduct or cause to be conducted by a mental health commissioner proceedings in accordance with Section 26B-5-332, except that those proceedings shall not be required to be conducted if the petition is filed sooner than six months after the issuance of the order of commitment or the filing of a previous petition under this section, provided that the court may hold a hearing within a shorter period of time if good cause appears. The costs of proceedings for such judicial determination shall be paid by the county in which the patient resided or was found prior to commitment, upon certification, by the clerk of the court in the county where the proceedings are held, to the county legislative body that those proceedings were held and the costs incurred.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 339 - Designated examiners.

Effective 5/3/2023
26B-5-339.
Designated examiners.
(1) A designated examiner shall consider a proposed patient's mental health history when evaluating a proposed patient.
(2) A designated examiner may request a court order to obtain a proposed patient's mental health records if a proposed patient refuses to share this information with the designated examiner.
(3) A designated examiner, when evaluating a proposed patient for civil commitment, shall consider whether:
(a) a proposed patient has been under a court order for assisted outpatient treatment;
(b) the proposed patient complied with the terms of the assisted outpatient treatment order, if any; and
(c) whether assisted outpatient treatment is sufficient to meet the proposed patient's needs.
(4) A designated examiner shall be allowed a reasonable fee by the county legislative body of the county in which the proposed patient resides or is found, unless the designated examiner is otherwise paid.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 340 - Mental health commissioners.

Effective 5/3/2023
26B-5-340.
Mental health commissioners.
The court may appoint a mental health commissioner to assist in conducting commitment proceedings in accordance with Section 78A-5-107.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 341 - Release from commitment.

Effective 5/3/2023
26B-5-341.
Release from commitment.
(1)
(a) Subject to Subsection (1)(b), a local mental health authority or the mental health authority's designee shall release from commitment any individual who, in the opinion of the local mental health authority or the mental health authority's designee, has recovered or no longer meets the criteria specified in Section 26B-5-332.
(b) A local mental health authority's inability to locate a committed individual may not be the basis for the individual's release, unless the court orders the release of the individual after a hearing.
(2) A local mental health authority or the mental health authority's designee may release from commitment any patient whose commitment is determined to be no longer advisable except as provided by Section 26B-5-405, but an effort shall be made to assure that any further supportive services required to meet the patient's needs upon release will be provided.
(3) When a patient has been committed to a local mental health authority by judicial process, the local mental health authority shall follow the procedures described in Sections 26B-5-336 and 26B-5-337.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 342 - Attempt to commit person contrary to requirements -- Penalty.

Effective 5/3/2023
26B-5-342.
Attempt to commit person contrary to requirements -- Penalty.
Any person who attempts to place another person in the custody of a local mental health authority contrary to the provisions of this part is guilty of a class B misdemeanor, in addition to liability in an action for damages, or subject to other criminal charges.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 350 - Assisted outpatient treatment services.

Effective 5/3/2023
26B-5-350.
Assisted outpatient treatment services.
(1) The local mental health authority or the local mental health authority's designee shall provide assisted outpatient treatment, which shall include:
(a) case management; and
(b) an individualized treatment plan, created with input from the proposed patient when possible.
(2) A court order for assisted outpatient treatment does not create independent authority to forcibly medicate a patient.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 360 - Voluntary admission of adults.

Effective 5/3/2023
26B-5-360.
Voluntary admission of adults.
(1) A local mental health authority, a designee of a local mental health authority, or another mental health facility may admit for observation, diagnosis, care, and treatment an adult who applies for voluntary admission and who has a mental illness or exhibits the symptoms of a mental illness.
(2) No adult may be committed to a local mental health authority against that adult's will except as provided in this chapter.
(3) An adult may be voluntarily admitted to a local mental health authority for treatment at the Utah State Hospital as a condition of probation or stay of sentence only after the requirements of Section 77-18-106 have been met.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 361 - Release of voluntary adult -- Exceptions.

Effective 5/3/2023
26B-5-361.
Release of voluntary adult -- Exceptions.
(1) Except as provided in Subsection (2), a mental health facility shall immediately release an adult patient:
(a) who is voluntarily admitted, as described in Section 26B-5-360, and who requests release, verbally or in writing; or
(b) whose release is requested in writing by the patient's legal guardian, parent, spouse, or adult next of kin.
(2)
(a) An adult patient's release under Subsection (1) may be conditioned upon the agreement of the patient, if:
(i) the request for release is made by an individual other than the patient; or
(ii) the admitting local mental health authority, the designee of the local mental health authority, or the admitting mental health facility has cause to believe that release of the patient would be unsafe for the patient or others.
(b)
(i) An adult patient's release may be postponed for up to 48 hours, excluding weekends and holidays, if the admitting local mental health authority, the designee of the local mental health authority, or the admitting mental health facility causes involuntary commitment proceedings to be commenced with the court within the specified time period.
(ii) The admitting local mental health authority, the designee of the local mental health authority, or the admitting mental health facility shall provide written notice of the postponement and the reasons for the postponement to the patient without undue delay.
(3) A judicial proceeding for involuntary commitment may not be commenced with respect to a voluntary patient unless the patient requests release.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 362 - Commitment and care of criminally insane.

Effective 5/3/2023
26B-5-362.
Commitment and care of criminally insane.
Nothing contained in this part may be construed to alter or change the method presently employed for the commitment and care of the criminally insane as provided in Title 77, Chapter 15, Inquiry into Sanity of Defendant.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 363 - Persons entering state mentally ill.

Effective 5/3/2023
26B-5-363.
Persons entering state mentally ill.
(1) A person who enters this state while mentally ill may be returned by a local mental health authority to the home of relatives or friends of that person with a mental illness, if known, or to a hospital in the state where that person with a mental illness is domiciled, in accordance with the Interstate Compact on Mental Health in Section 26B-5-365.
(2) This section does not prevent commitment of persons who are traveling through or temporarily residing in this state.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 364 - Persons eligible for care or treatment by federal agency -- Continuing jurisdiction of state courts.

Effective 5/3/2023
26B-5-364.
Persons eligible for care or treatment by federal agency -- Continuing jurisdiction of state courts.
(1) If an individual committed pursuant to Section 26B-5-332 is eligible for care or treatment by any agency of the United States, the court, upon receipt of a certificate from a United States agency, showing that facilities are available and that the individual is eligible for care or treatment therein, may order the individual to be placed in the custody of that agency for care.
(2) When admitted to any facility or institution operated by a United States agency, within or without this state, the individual shall be subject to the rules and regulations of that agency.
(3) The chief officer of any facility or institution operated by a United States agency and in which the individual is hospitalized, shall, with respect to that individual, be vested with the same powers as the superintendent or director of a mental health facility, regarding detention, custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained in appropriate courts of this state at any time to inquire into the mental condition of an individual so hospitalized, and to determine the necessity for continuance of hospitalization, and every order of hospitalization issued pursuant to this section is so conditioned.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 366 - Interstate compact on mental health -- Requirement of conformity with this chapter.

Effective 5/3/2023
26B-5-366.
Interstate compact on mental health -- Requirement of conformity with this chapter.
All actions and proceedings taken under authority of this compact shall be in accordance with the procedures and constitutional requirements described in this part.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 367 - Severability.

Effective 5/3/2023
26B-5-367.
Severability.
If any one or more provision, section, subsection, sentence, clause, phrase, or word of this part, or the application thereof to any person or circumstance, is found to be unconstitutional the same is hereby declared to be severable and the balance of this part shall remain effective notwithstanding that unconstitutionality. The Legislature hereby declares that it would have passed this part, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 370 - Establishment of the Utah Forensic Mental Health Facility.

Effective 5/3/2023
26B-5-370.
Establishment of the Utah Forensic Mental Health Facility.
The Utah Forensic Mental Health Facility is hereby established and shall be located on state land on the campus of the Utah State Hospital in Provo, Utah County.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 371 - Utah Forensic Mental Health Facility -- Design and operation -- Security.

Effective 5/3/2023
26B-5-371.
Utah Forensic Mental Health Facility -- Design and operation -- Security.
(1) The forensic mental health facility is a secure treatment facility.
(2)
(a) The forensic mental health facility accommodates the following populations:
(i) prison inmates displaying mental illness necessitating treatment in a secure mental health facility;
(ii) criminally adjudicated persons found guilty with a mental illness or guilty with a mental condition at the time of the offense undergoing evaluation for a mental condition under Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition;
(iii) criminally adjudicated persons undergoing evaluation for competency or found guilty with a mental condition or guilty with a mental condition at the time of the offense under Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition, who also have an intellectual disability;
(iv) persons undergoing evaluation for competency or found by a court to be incompetent to proceed in accordance with Title 77, Chapter 15, Inquiry into Sanity of Defendant, or not guilty by reason of insanity under Title 77, Chapter 14, Defenses;
(v) persons who are civilly committed to the custody of a local mental health authority in accordance with this part, and who may not be properly supervised by the Utah State Hospital because of a lack of necessary security, as determined by the superintendent or the superintendent's designee; and
(vi) persons ordered to commit themselves to the custody of the division for treatment at the Utah State Hospital as a condition of probation or stay of sentence pursuant to Title 77, Chapter 18, The Judgment.
(b) Placement of an offender in the forensic mental health facility under any category described in Subsection (2)(a)(ii), (iii), (iv), or (vi) shall be made on the basis of the offender's status as established by the court at the time of adjudication.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for the allocation of beds to the categories described in Subsection (2)(a).
(3) The department shall:
(a) own and operate the forensic mental health facility;
(b) provide and supervise administrative and clinical staff; and
(c) provide security staff who are trained as psychiatric technicians.
(4) Pursuant to Subsection 26B-5-303(3) the executive director shall designate individuals to perform security functions for the state hospital.
Amended by Chapter 184, 2023 General Session
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 372 - Admission of person in custody of Department of Corrections to state hospital -- Retransfer of person to Department of Corrections.

Effective 5/3/2023
26B-5-372.
Admission of person in custody of Department of Corrections to state hospital -- Retransfer of person to Department of Corrections.
(1) The executive director of the Department of Corrections may request the director to admit a person who is in the custody of the Department of Corrections to the state hospital, if the clinical director within the Department of Corrections finds that the inmate has mentally deteriorated to the point that admission to the state hospital is necessary to ensure adequate mental health treatment. In determining whether that inmate should be placed in the state hospital, the director of the division shall consider:
(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital; and
(c) whether the inmate meets the requirements of Subsection 26B-5-306(2).
(2) If the director denies the admission of an inmate as requested by the clinical director within the Department of Corrections, the Board of Pardons and Parole shall determine whether the inmate will be admitted to the state hospital. The Board of Pardons and Parole shall consider:
(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital; and
(c) whether the inmate meets the requirements of Subsection 26B-5-306(2).
(3) The state hospital shall receive any person in the custody of the Department of Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to Subsection (1) or (2). Any person so transferred to the state hospital shall remain in the custody of the Department of Corrections, and the state hospital shall act solely as the agent of the Department of Corrections.
(4) Inmates transferred to the state hospital pursuant to this section shall be transferred back to the Department of Corrections through negotiations between the director and the director of the Department of Corrections. If agreement between the director and the director of the Department of Corrections cannot be reached, the Board of Pardons and Parole shall have final authority in determining whether a person will be transferred back to the Department of Corrections. In making that determination, that board shall consider:
(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital;
(c) whether the person continues to meet the requirements of Subsection 26B-5-306(2);
(d) the ability of the state hospital to provide adequate treatment to the person, as well as safety and security to the public; and
(e) whether, in the opinion of the director, in consultation with the clinical director of the state hospital, the person's treatment needs have been met.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 380 - Mental illness and intellectual disability examinations -- Responsibilities of the department.

Effective 5/3/2023
26B-5-380.
Mental illness and intellectual disability examinations -- Responsibilities of the department.
(1) In accomplishing the department's duties to conduct a competency evaluation under Title 77, Utah Code of Criminal Procedure, and a juvenile competency evaluation under Section 80-6-402, the department shall proceed as outlined in this section and within appropriations authorized by the Legislature.
(2) When the department is ordered by a court to conduct a competency evaluation, the department shall designate a forensic evaluator, selected under Subsection (4), to evaluate the defendant in the defendant's current custody or status.
(3) When the department is ordered by the juvenile court to conduct a juvenile competency evaluation under Section 80-6-402, the department shall:
(a) designate an examiner selected pursuant to Subsection (4) to evaluate the minor; and
(b) upon a finding of good cause and order of the court, designate a second examiner to evaluate the minor.
(4) The department shall establish criteria, in consultation with the Commission on Criminal and Juvenile Justice, and shall contract with persons to conduct competency evaluations and juvenile competency evaluations under Subsections (2) and (3)(b). In making this selection, the department shall follow the provisions of Title 63G, Chapter 6a, Utah Procurement Code.
(5) Nothing in this section prohibits the department, at the request of defense counsel or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of Criminal Procedure, and for good cause shown, from proposing a person who has not been previously selected under Subsection (4) to contract with the department to conduct the evaluation. In selecting that person, the criteria of the department established under Subsection (4) and the provisions of Title 63G, Chapter 6a, Utah Procurement Code, shall be met.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 401 - Definitions.

Effective 5/3/2023
26B-5-401.
Definitions.
In addition to the definitions in Section 26B-5-301, as used in this part:
(1) "Child" means a person under 18 years old.
(2) "Commit" and "commitment" mean the transfer of physical custody in accordance with the requirements of this part.
(3) "Legal custody" means:
(a) the right to determine where and with whom the child shall live;
(b) the right to participate in all treatment decisions and to consent or withhold consent for treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery; and
(c) the right to authorize surgery or other extraordinary medical care.
(4) "Physical custody" means:
(a) placement of a child in any residential or inpatient setting;
(b) the right to physical custody of a child;
(c) the right and duty to protect the child; and
(d) the duty to provide, or insure that the child is provided with, adequate food, clothing, shelter, and ordinary medical care.
(5) "Residential" means any out-of-home placement made by a local mental health authority, but does not include out-of-home respite care.
(6) "Respite care" means temporary, periodic relief provided to parents or guardians from the daily care of children with serious emotional disorders for the limited time periods designated by the division.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 402 - Treatment and commitment of minors in the public mental health system.

Effective 5/3/2023
26B-5-402.
Treatment and commitment of minors in the public mental health system.
A child is entitled to due process proceedings, in accordance with the requirements of this part, whenever the child:
(1) may receive or receives services through the public mental health system and is placed, by a local mental health authority, in a physical setting where his liberty interests are restricted, including residential and inpatient placements; or
(2) receives treatment in which a constitutionally protected privacy or liberty interest may be affected, including the administration of antipsychotic medication, electroshock therapy, and psychosurgery.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 404 - Invasive treatment -- Due process proceedings.

Effective 5/3/2023
26B-5-404.
Invasive treatment -- Due process proceedings.
(1) For purposes of this section, "invasive treatment" means treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery.
(2) The requirements of this section apply to all children receiving services or treatment from a local mental health authority, its designee, or its provider regardless of whether a local mental health authority has physical custody of the child or the child is receiving outpatient treatment from the local authority, its designee, or provider.
(3)
(a) The division shall promulgate rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing due process procedures for children prior to any invasive treatment as follows:
(i) with regard to antipsychotic medications, if either the parent or child disagrees with that treatment, a due process proceeding shall be held in compliance with the procedures established under this Subsection (3);
(ii) with regard to psychosurgery and electroshock therapy, a due process proceeding shall be conducted pursuant to the procedures established under this Subsection (3), regardless of whether the parent or child agree or disagree with the treatment; and
(iii) other possible invasive treatments may be conducted unless either the parent or child disagrees with the treatment, in which case a due process proceeding shall be conducted pursuant to the procedures established under this Subsection (3).
(b) In promulgating the rules required by Subsection (3)(a), the division shall consider the advisability of utilizing an administrative law judge, court proceedings, a neutral and detached fact finder, and other methods of providing due process for the purposes of this section. The division shall also establish the criteria and basis for determining when invasive treatment should be administered.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 405 - Commitment proceedings in juvenile court -- Criteria -- Custody.

Effective 5/3/2023
26B-5-405.
Commitment proceedings in juvenile court -- Criteria -- Custody.
(1)
(a) Subject to Subsection (1)(b), a commitment proceeding for a child may be commenced by filing a written application with the juvenile court of the county in which the child resides or is found, in accordance with the procedures described in Section 26B-5-332.
(b) A commitment proceeding under this section may be commenced only after a commitment proceeding under Section 26B-5-403 has concluded without the child being committed.
(2) The juvenile court shall order commitment to the physical custody of a local mental health authority if, upon completion of the hearing and consideration of the record, the juvenile court finds by clear and convincing evidence that:
(a) the child has a mental illness;
(b) the child demonstrates a risk of harm to the child or others;
(c) the child is experiencing significant impairment in the child's ability to perform socially;
(d) the child will benefit from the proposed care and treatment; and
(e) there is no appropriate less restrictive alternative.
(3) The juvenile court may not commit a child under Subsection (1) directly to the Utah State Hospital.
(4) The local mental health authority has an affirmative duty to:
(a) conduct periodic reviews of children committed to the local mental health authority's custody in accordance with this section; and
(b) release any child who has sufficiently improved so that the local mental health authority, or the local mental authority's designee, determines that commitment is no longer appropriate.
(5) If a child is committed to the custody of a local mental health authority, or the local mental health authority's designee, by the juvenile court, the local mental health authority, or the local mental health authority's designee, shall give the juvenile court written notice of the intention to release the child not fewer than five days before the day on which the child is released.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 406 - Parent advocate.

Effective 5/3/2023
26B-5-406.
Parent advocate.
The division shall establish the position of a parent advocate to assist parents of children with a mental illness who are subject to the procedures required by this part.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 407 - Confidentiality of information and records -- Exceptions -- Penalty.

Effective 5/3/2023
26B-5-407.
Confidentiality of information and records -- Exceptions -- Penalty.
(1) Notwithstanding the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, all certificates, applications, records, and reports made for the purpose of this part that directly or indirectly identify a patient or former patient or an individual whose commitment has been sought under this part, shall be kept confidential and may not be disclosed by any person except as follows:
(a) the individual identified consents after reaching 18 years old;
(b) the child's parent or legal guardian consents;
(c) disclosure is necessary to carry out any of the provisions of this part; or
(d) a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it, and that failure to make the disclosure would be contrary to the public interest.
(2) A person who violates any provision of this section is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 408 - Mechanical restraints -- Clinical record.

Effective 5/3/2023
26B-5-408.
Mechanical restraints -- Clinical record.
Mechanical restraints may not be applied to a child unless it is determined, by the local mental health authority or its designee in conjunction with the child's current treating mental health professional, that they are required by the needs of that child. Every use of a mechanical restraint and the reasons for that use shall be made a part of the child's clinical record, under the signature of the local mental health authority, its designee, and the child's current treating mental health professional.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 409 - Habeas corpus.

Effective 5/3/2023
26B-5-409.
Habeas corpus.
Any child committed in accordance with Section 26B-5-403 is entitled to a writ of habeas corpus upon proper petition by himself or next of friend to the court in the district in which he is detained.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 410 - Restrictions and limitations -- Civil rights and privileges.

Effective 5/3/2023
26B-5-410.
Restrictions and limitations -- Civil rights and privileges.
(1) Subject to the specific rules of the division, and except to the extent that the local mental health authority or its designee, in conjunction with the child's current treating mental health professional, determines that it is necessary for the welfare of the person to impose restrictions, every child committed to the physical custody of a local mental health authority under Section 26B-5-403 is entitled to:
(a) communicate, by sealed mail or otherwise, with persons, including official agencies, inside or outside of the facility;
(b) receive visitors; and
(c) exercise his civil rights.
(2) When any right of a child is limited or denied, the nature, extent, and reason for that limitation or denial shall be entered in the child's treatment record. Any continuing denial or limitation shall be reviewed every 30 days and shall also be entered in that treatment record. Notice of that continuing denial in excess of 30 days shall be sent to the division.
(3) Notwithstanding any limitations authorized under this section on the right of communication, each child committed to the physical custody of a local mental health authority is entitled to communicate by sealed mail with his attorney, the local mental health authority, its designee, his current treating mental health professional, and the court, if commitment was court ordered. In no case may the child be denied a visit with the legal counsel or clergy of his choice.
(4) Each local mental health authority shall provide appropriate and reasonable means and arrangements for informing children and their parents or legal guardians of their rights as provided in this part, and for assisting them in making and presenting requests for release.
(5) All local mental health facilities shall post a statement, promulgated by the division, describing patient's rights under Utah law.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 4 - Commitment of Persons Under Age 18 › Section 411 - Standards for care and treatment.

Effective 5/3/2023
26B-5-411.
Standards for care and treatment.
Every child is entitled to humane care and treatment and to medical care and treatment in accordance with the prevailing standards accepted in medical practice, psychiatric nursing practice, social work practice, and the practice of clinical psychology.
Renumbered and Amended by Chapter 308, 2023 General Session