reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15a - Exemptions From Death Penalty In Capital Cases › Section 103 - Court may raise issue of intellectual disability at any time.

Effective 5/10/2016
77-15a-103.
Court may raise issue of intellectual disability at any time.
The court in which a capital charge is pending may raise the issue of the defendant's intellectual disability at any time. If raised by the court, counsel for each party shall be allowed to address the issue of intellectual disability.
Amended by Chapter 115, 2016 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15a - Exemptions From Death Penalty In Capital Cases › Section 105 - Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.

Effective 5/3/2023
77-15a-105.
Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.
(1) If the defendant files notice, raises the issue, or intends to present evidence or make an argument that the defendant is exempt from the death penalty under this chapter, the defendant shall make himself available and fully cooperate in any examination by mental health experts appointed by the Department of Health and Human Services and any other independent examiners for the defense or the prosecution.
(2) If the defendant wilfully fails to make himself available and fully cooperate in the examination, and that failure is established to the satisfaction of the court, the defendant is barred from presenting expert testimony relating to any exemption from the death penalty under this chapter.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15a - Exemptions From Death Penalty In Capital Cases › Section 106 - Limitations on admitting intellectual disability examination evidence.

77-15a-106.
Limitations on admitting intellectual disability examination evidence.
(1) The following may not be admitted into evidence against the defendant in any criminal proceeding, except as provided in Subsection (2):
(a) any statement made by the defendant in the course of any mental examination conducted under this chapter, whether the examination is with or without the consent of the defendant, and any testimony by the expert based upon the defendant's statement; and
(b) any other fruits of the defendant's statement under Subsection (1)(a).
(2) Evidence under Subsection (1) may be admitted on an issue regarding a mental condition on which the defendant has introduced evidence.
Enacted by Chapter 11, 2003 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 1 - Plea and Verdict of Guilty with a Mental Condition › Section 101 - Definitions.

Effective 5/3/2023
77-16a-101.
Definitions.
As used in this chapter:
(1) "Board" means the Board of Pardons and Parole established under Section 77-27-2.
(2) "Department" means the Department of Health and Human Services.
(3) "Executive director" means the executive director of the Department of Health and Human Services.
(4) "Forensic evaluator" means a licensed mental health professional who is:
(a) not involved in the defendant's treatment; and
(b) trained and qualified to conduct a guilty with a mental condition evaluation.
(5) "Mental condition" means the same as that term is defined in Section 76-2-305.
(6) "Mental disability" means the same as that term is defined in Section 76-2-305.
(7) "Mental health facility" means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, or organization that contracts with a local mental health authority.
(8) "Mental health supervision" includes regular and periodic activities including:
(a) the review of a defendant's assessment, diagnostic formulation, individual service plan development, and progress toward completion of care; and
(b) identification of barriers to a defendant's care, assistance in removing barriers to a defendant's care, continuation of services to a defendant, authorization of care for a defendant, and the observation of the delivery of clinical care to a defendant.
(9) "Mental illness" means the same as that term is defined in Section 76-2-305.
(10) "Offender with a mental condition" means an individual who has been adjudicated guilty with a mental condition.
(11) "Secure setting" means a jail, prison, or locked inpatient medical facility approved by the department.
(12) "UDC" means the Department of Corrections.
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 1 - Plea and Verdict of Guilty with a Mental Condition › Section 104 - Verdict of guilty with a mental illness -- Hearing to determine present mental state.

Effective 5/3/2023
77-16a-104.
Verdict of guilty with a mental condition -- Hearing to determine present mental state.
(1) Upon a verdict of guilty with a mental condition for the offense charged, or any lesser offense, the court shall conduct a hearing to determine the defendant's present mental state.
(2)
(a) The court may order the department to examine the defendant to determine the defendant's mental condition, and may receive the evidence of any public or private expert witness offered by the defendant or the prosecutor.
(b) The defendant may be placed in the Utah State Hospital for the examination described in Subsection (2)(a) only upon approval of the executive director.
(3) If the court finds by clear and convincing evidence that the defendant currently has a mental condition, the court shall impose any sentence that could be imposed under law upon a defendant who does not have a mental condition and who is convicted of the same offense, and:
(a) commit the defendant to the department, in accordance with the provisions of Section 77-16a-202, if:
(i) the court gives the department the opportunity to provide an evaluation and recommendation under Subsection (4); and
(ii) the court finds by clear and convincing evidence that:
(A) because of the defendant's mental condition the defendant poses an immediate physical danger to self or others, including jeopardizing the defendant's own or others' safety, health, or welfare if placed in a correctional or probation setting, or lacks the ability to provide the basic necessities of life, such as food, clothing, and shelter, if placed on probation; and
(B) the department is able to provide the defendant with treatment, care, custody, and security that is adequate and appropriate to the defendant's conditions and needs;
(b) order probation in accordance with Section 77-16a-201; or
(c) if the court determines that commitment to the department under Subsection (3)(a) or probation under Subsection (3)(b) is not appropriate, the court shall place the defendant in the custody of UDC or a county jail as allowed by law.
(4) In order to ensure that the requirements of Subsection (3)(a) are met, the court shall, before making a determination, notify the executive director of the proposed placement and provide the department with an opportunity to evaluate the defendant and make a recommendation to the court regarding placement prior to commitment.
(5) If the court finds that the defendant does not currently have a mental condition, the court shall sentence the defendant as it would any other defendant.
(6) Expenses for examinations ordered under this section shall be paid in accordance with Subsection 77-16a-103(8).
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 2 - Disposition of Defendants Found Guilty with a Mental Condition › Section 201 - Probation.

Effective 5/3/2023
77-16a-201.
Probation.
(1)
(a) In felony cases, when the court proposes to place on probation a defendant who has pled or is found guilty with a mental condition at the time of the offense, it shall request UDC to provide a presentence investigation report regarding whether probation is appropriate for that defendant and, if so, recommending a specific treatment program. If the defendant is placed on probation, that treatment program shall be made a condition of probation, and the defendant shall remain under the jurisdiction of the sentencing court.
(b) The court may not place an offender who has been convicted of the felony offenses listed in Section 76-3-406 on probation, regardless of whether the offender has, or had, a mental condition.
(2) The period of probation for a felony offense committed by a defendant who has been found guilty with a mental condition at the time of the offense may not be subsequently reduced by the sentencing court without consideration of an updated report on the mental health status of the defendant.
(3)
(a) Treatment ordered by the court under this section may be provided by or under contract with the department, a mental health facility, a local mental health authority, or, with the approval of the sentencing court, any other public or private mental health provider.
(b) The entity providing treatment under this section shall file a report with the defendant's probation officer at least every six months during the term of probation.
(c) Any request for termination of probation regarding a defendant who is receiving treatment under this section shall include a current mental health report prepared by the treatment provider.
(4) Failure to continue treatment or any other condition of probation, except by agreement with the entity providing treatment and the sentencing court, is a basis for initiating probation violation hearings.
(5) The court may not release an offender with a mental condition into the community, as a part of probation, if it finds by clear and convincing evidence that the offender:
(a) poses an immediate physical danger to self or others, including jeopardizing the offender's own or others' safety, health, or welfare if released into the community; or
(b) lacks the ability to provide the basic necessities of life, such as food, clothing, and shelter, if released into the community.
(6) An offender with a mental condition who is not eligible for release into the community under the provisions of Subsection (5) may be placed by the court, on probation, in an appropriate mental health facility.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 2 - Disposition of Defendants Found Guilty with a Mental Condition › Section 202 - Person found guilty with a mental condition-- Commitment to department -- Admission to Utah State Hospital.

Effective 5/3/2023
77-16a-202.
Person found guilty with a mental condition-- Commitment to department -- Admission to Utah State Hospital.
(1) In sentencing and committing an offender with a mental condition to the department under Subsection 77-16a-104(3)(a) or in a felony case under Subsection 77-16a-103(6), the court shall:
(a) sentence the offender to a term of imprisonment and order that the offender be committed to the department and admitted to the Utah State Hospital for care and treatment until transferred to UDC in accordance with Sections 77-16a-203 and 77-16a-204, making provision for readmission to the Utah State Hospital whenever the requirements and conditions of Section 77-16a-204 are met; or
(b) order that the offender be committed to the department for care and treatment for no more than 18 months, or until the offender's condition has been stabilized to the point that commitment to the department and admission to the Utah State Hospital is no longer necessary to ensure adequate mental health treatment, whichever occurs first. At the expiration of that time, the court shall sentence the offender. A retention of jurisdiction under this Subsection (1)(b) shall be specified in a court order.
(2) The court may not retain jurisdiction, under Subsection (1)(b), over the sentence of an offender with a mental condition who has been convicted of a capital felony. In capital cases, the court shall make the findings required by this section after the capital sentencing proceeding mandated by Section 76-3-207.
(3) When an offender is committed to the department and admitted to the Utah State Hospital under Subsection (1)(b), the department shall provide the court with reports of the offender's mental health status every six months. Those reports shall be prepared in accordance with the requirements of Section 77-16a-203. Additionally, the court may appoint an independent examiner to assess the mental health status of the offender.
(4) The period of commitment to the department and admission to the Utah State Hospital, and any subsequent retransfers to the Utah State Hospital made pursuant to Section 77-16a-204 may not exceed the maximum sentence imposed by the court. Upon expiration of that sentence, the administrator of the facility where the offender is located may initiate civil proceedings for involuntary commitment in accordance with Title 26B, Chapter 5, Health Care - Substance Use and Mental Health, or Title 26B, Chapter 6, Part 4, Division of Services for People with Disabilities.
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 2 - Disposition of Defendants Found Guilty with a Mental Condition › Section 203 - Review of offenders with a mental condition committed to department -- Recommendations for transfer to Department of Corrections.

Effective 5/3/2023
77-16a-203.
Review of offenders with a mental condition committed to department -- Recommendations for transfer to Department of Corrections.
(1)
(a) The executive director shall designate a review team of at least three qualified staff members, including at least one licensed psychiatrist, to evaluate the mental condition of each offender with a mental condition committed to it in accordance with Section 77-16a-202, at least once every six months.
(b) If the offender has an intellectual disability, the review team shall include at least one individual who is a designated intellectual disability professional, as defined in Section 26B-6-401.
(2) At the conclusion of the review team's evaluation, the review team described in Subsection (1) shall make a report to the executive director:
(a) regarding the offender's:
(i) current mental condition;
(ii) progress since commitment; and
(iii) prognosis; and
(b) that includes a recommendation regarding whether the offender with a mental condition should be:
(i) transferred to UDC; or
(ii) remain in the custody of the department.
(3)
(a) The executive director shall notify the UDC medical administrator and the board's mental health adviser that an offender with a mental condition is eligible for transfer to UDC if the review team finds that the offender:
(i) no longer has a mental condition; or
(ii) has a mental condition and may continue to be a danger to self or others, but can be controlled if adequate care, medication, and treatment are provided by UDC; and
(iii) the offender's condition has been stabilized to the point that commitment to the department and admission to the Utah State Hospital are no longer necessary to ensure adequate mental health treatment.
(b) The administrator of the mental health facility where the offender is located shall provide the UDC medical administrator with a copy of the reviewing staff's recommendation and:
(i) all available clinical facts;
(ii) the diagnosis;
(iii) the course of treatment received at the mental health facility;
(iv) the prognosis for remission of symptoms;
(v) the potential for recidivism;
(vi) an estimation of the offender's dangerousness, either to self or others; and
(vii) recommendations for future treatment.
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 2 - Disposition of Defendants Found Guilty with a Mental Condition › Section 204 - UDC acceptance of transfer of persons found guilty with a mental condition -- Retransfer from UDC to department for admission to the Utah State Hospital.

Effective 5/3/2023
77-16a-204.
UDC acceptance of transfer of persons found guilty with a mental condition -- Retransfer from UDC to department for admission to the Utah State Hospital.
(1) The UDC medical administrator shall designate a transfer team of at least three qualified staff members, including at least one licensed psychiatrist, to evaluate the recommendation made by the department's review team pursuant to Section 77-16a-203. If the offender has an intellectual disability, the transfer team shall include at least one person who has expertise in testing and diagnosis of people with intellectual disabilities.
(2) The transfer team shall concur in the recommendation if the transfer team determines that UDC can provide the offender with a mental condition with adequate mental health treatment.
(3) The UDC transfer team and medical administrator shall recommend the facility in which the offender should be placed and the treatment to be provided in order for the offender's mental condition to remain stabilized to the director of the Division of Institutional Operations, within the Department of Corrections.
(4) In the event that the department and UDC do not agree on the transfer of an offender with a mental condition, the administrator of the mental health facility where the offender is located shall notify the mental health adviser for the board, in writing, of the dispute. The mental health adviser shall be provided with copies of all reports and recommendations. The board's mental health adviser shall make a recommendation to the board on the transfer and the board shall issue its decision within 30 days.
(5) UDC shall notify the board whenever an offender with a mental condition is transferred from the department to UDC.
(6) When an offender with a mental condition sentenced under Section 77-16a-202, who has been transferred from the department to UDC, and accepted by UDC, is evaluated and it is determined that the offender's mental condition has deteriorated or that the offender has become mentally unstable, the offender may be readmitted to the Utah State Hospital in accordance with the findings and procedures described in Section 26B-5-372.
(7) Any individual readmitted to the Utah State Hospital pursuant to Subsection (6) shall remain in the custody of UDC, and the state hospital shall act solely as the agent of UDC.
(8) An offender with a mental condition who has been readmitted to the Utah State Hospital pursuant to Subsection (6) shall be transferred back to UDC in accordance with the provisions of Section 77-16a-203.
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 2 - Disposition of Defendants Found Guilty with a Mental Condition › Section 205 - Parole.

Effective 5/3/2023
77-16a-205.
Parole.
(1) When an offender with a mental condition who has been committed to the department becomes eligible to be considered for parole, the board shall request a recommendation from the executive director and from UDC before placing the offender on parole.
(2) Before setting a parole date, the board shall request that its mental health adviser prepare a report regarding the offender with a mental condition, including:
(a) all available clinical facts;
(b) the diagnosis;
(c) the course of treatment received at the mental health facility;
(d) the prognosis for remission of symptoms;
(e) potential for recidivism;
(f) an estimation of the dangerousness of the offender with a mental condition either to self or others; and
(g) recommendations for future treatment.
(3) Based on the report described in Subsection (2), the board may place the offender with a mental condition on parole. The board may require mental health treatment as a condition of parole. If treatment is ordered, failure to continue treatment, except by agreement with the treatment provider, and the board, is a basis for initiation of parole violation hearings by the board.
(4) UDC, through Adult Probation and Parole, shall monitor the status of an offender with a mental condition who has been placed on parole. UDC may provide treatment by contracting with the department, a local mental health authority, any other public or private provider, or in-house staff.
(5) The board may not subsequently reduce the period of parole without considering an updated report on the offender's current mental condition.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 3 - Defendants Pleading Not Guilty by Reason of Insanity › Section 301 - Mental examination of defendant.

Effective 5/3/2023
77-16a-301.
Mental examination of defendant.
(1)
(a) When the court receives notice that a defendant intends to claim that the defendant is not guilty by reason of insanity or that the defendant had diminished mental capacity, or that the defendant intends to assert special mitigation under Subsection 76-5-205.5(2)(a), the court shall order the department to examine the defendant and investigate the defendant's mental condition.
(b) The person or organization directed by the department to conduct the examination shall testify at the request of the court or either party in a proceeding in which the testimony is otherwise admissible.
(c) Pending trial, unless the court or the executive director directs otherwise, the defendant shall be retained in the same custody or status the defendant was in at the time the examination was ordered.
(2)
(a) The defendant shall be available and shall fully cooperate in the examination by the department and other independent examiners for the defense and the prosecuting attorney.
(b) If the defendant fails to be available and to fully cooperate, and that failure is established to the satisfaction of the court at a hearing prior to trial, the defendant is barred from presenting expert testimony relating to the defendant's defense of a mental condition at the trial of the case.
(c) The department shall complete the examination within 30 days after the court's order, and shall prepare and provide to the court prosecutor and defense counsel a written report concerning the condition of the defendant.
(3) Within 10 days after receipt of the report described in Subsection (2)(c) from the department, but not later than five days before the trial of the case, or at any other time the court directs, the prosecuting attorney shall file and serve upon the defendant a notice of rebuttal of the defense of a mental condition, which shall contain the names of witnesses the prosecuting attorney proposes to call in rebuttal.
(4) The report of another independent examiner is admissible as evidence upon stipulation of the prosecution and defense.
(5)
(a) This section does not prevent a party from producing other testimony as to the mental condition of the defendant.
(b) An expert witness who is not appointed by the court is not entitled to compensation under Subsection (7).
(6) This section does not require the admission of evidence not otherwise admissible.
(7)
(a) The department shall pay the expenses of an examination ordered by the court under this section.
(b) The department shall charge the county where the prosecution is commenced for travel expenses associated with an examination incurred by a defendant.
(c) The department shall charge the entity commencing the prosecution for an examination of a defendant charged with a violation of a municipal or county ordinance.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 3 - Defendants Pleading Not Guilty by Reason of Insanity › Section 302 - Persons found not guilty by reason of insanity -- Disposition.

Effective 5/3/2023
77-16a-302.
Persons found not guilty by reason of insanity -- Disposition.
(1) Upon a verdict of not guilty by reason of insanity, the court shall conduct a hearing within 10 days to determine whether the defendant currently has a mental condition. The defense counsel and prosecutors may request further evaluations and present testimony from those examiners.
(2) After the hearing and upon consideration of the record, the court shall order the defendant committed to the department if it finds by clear and convincing evidence that:
(a) the defendant has a mental condition; and
(b) because of that mental condition the defendant presents a substantial danger to self or others.
(3) The period of commitment described in Subsection (2) may not exceed the period for which the defendant could be incarcerated had the defendant been convicted and received the maximum sentence for the crime of which the defendant was accused. At the time that period expires, involuntary civil commitment proceedings may be instituted in accordance with Title 26B, Chapter 5, Health Care -- Substance Use and Mental Health.
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 3 - Defendants Pleading Not Guilty by Reason of Insanity › Section 303 - Court determinations.

77-16a-303.
Court determinations.
After entry of judgment of not guilty by reason of insanity, the court shall:
(1) determine on the record the offense of which the person otherwise would have been convicted and the maximum sentence he could have received; and
(2) make specific findings regarding whether there is a victim of the crime for which the defendant has been found not guilty by reason of insanity and, if so, whether the victim wishes to be notified of any conditional release, discharge, or escape of the defendant.
Enacted by Chapter 171, 1992 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 3 - Defendants Pleading Not Guilty by Reason of Insanity › Section 304 - Review after commitment.

Effective 5/3/2023
77-16a-304.
Review after commitment.
(1)
(a) The executive director, or the executive director's designee, shall establish a review team of at least three qualified staff members to review the defendant's mental condition at least every six months.
(b) The team described in Subsection (1)(a) shall include:
(i) at least one psychiatrist; and
(ii) if the defendant has an intellectual disability, at least one staff member who is a designated intellectual disability professional.
(2) If the review team described in Subsection (1) finds that the defendant has recovered from the defendant's mental condition, or, that the defendant still has a mental condition but does not present a substantial danger to self or others, the executive director, or the executive director's designee, shall:
(a) notify the court that committed the defendant that the defendant is a candidate for discharge; and
(b) provide the court with a report stating the facts that form the basis for the recommendation.
(3)
(a) The court shall conduct a hearing within 10 business days after receipt of the executive director's, or the executive director's designee's, notification.
(b) The court clerk shall provide notice of the date and time of the hearing to:
(i) the prosecuting attorney;
(ii) the defendant's attorney; and
(iii) any victim of the crime for which the defendant was found not guilty by reason of insanity.
(4)
(a) The court shall order that the defendant be discharged from commitment if the court finds that the defendant:
(i) no longer has a mental condition; or
(ii) has a mental condition, but no longer presents a substantial danger to self or others.
(b) The court shall order the person conditionally released in accordance with Section 77-16a-305 if the court finds that the defendant:
(i) has a mental condition;
(ii) is a substantial danger to self or others; and
(iii) can be controlled adequately if conditionally released with treatment as a condition of release.
(c) The court shall order that the commitment be continued if the court finds that the defendant:
(i) has not recovered from the defendant's mental condition;
(ii) is a substantial danger to self or others; and
(iii) cannot adequately be controlled if conditionally released on supervision.
(d)
(i) Except as provided in Subsection (4)(d)(ii), the court may not discharge a defendant whose mental condition is in remission as a result of medication or hospitalization if it can be determined within reasonable medical probability that without continued medication or hospitalization the defendant's mental condition will reoccur, making the defendant a substantial danger to self or others.
(ii) Notwithstanding Subsection (4)(d)(i), the defendant described in Subsection (4)(d)(i) may be a candidate for conditional release, in accordance with Section 77-16a-305.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 3 - Defendants Pleading Not Guilty by Reason of Insanity › Section 305 - Conditional release.

Effective 5/3/2023
77-16a-305.
Conditional release.
(1) If the review team finds that a defendant is not eligible for discharge, in accordance with Section 77-16a-304, but that the defendant's mental condition and dangerousness can be controlled with proper care, medication, supervision, and treatment if the defendant is conditionally released, the review team shall prepare a report and notify the executive director, or the executive director's designee, that the defendant is a candidate for conditional release.
(2) The executive director, or the executive director's designee, shall prepare a conditional release plan, listing the type of care and treatment that the individual needs and recommending a treatment provider.
(3) The executive director, or the executive director's designee, shall provide the court, the defendant's attorney, and the prosecuting attorney with a copy of the report issued by the review team under Subsection (1), and the conditional release plan. The court shall conduct a hearing on the issue of conditional release within 30 days after receipt of those documents.
(4) The court may order that a defendant be conditionally released if it finds that, even though the defendant presents a substantial danger to self or others, the defendant can be adequately controlled with supervision and treatment that is available and provided for in the conditional release plan.
(5) The department may provide treatment or contract with a local mental health authority or other public or private provider to provide treatment for a defendant who is conditionally released under this section.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16a - Commitment and Treatment of Individuals with a Mental Condition › Part 3 - Defendants Pleading Not Guilty by Reason of Insanity › Section 306 - Continuing review -- Discharge.

Effective 5/3/2023
77-16a-306.
Continuing review -- Discharge.
(1) Each entity that provides treatment for a defendant committed to the department as not guilty by reason of insanity under this part shall review the status of each defendant at least once every six months. If the treatment provider finds that a defendant has recovered from the defendant's mental condition, or, if the defendant has a mental condition, no longer presents a substantial danger to self or others, the treatment provider shall notify the executive director of the treatment provider's findings.
(2) Upon receipt of notification under Subsection (1), the executive director shall designate a review team, in accordance with Section 77-16a-304, to evaluate the defendant. If that review team concurs with the treatment provider's assessment, the executive director shall notify the court, the defendant's attorney, and the prosecuting attorney that the defendant is a candidate for discharge. The court shall conduct a hearing, in accordance with Section 77-16a-302, within 10 business days after receipt of that notice.
(3) The court may not discharge an individual whose mental condition is in remission as a result of medication or hospitalization if it can be determined within reasonable medical probability that without continued medication or hospitalization the defendant's mental condition will reoccur, making the defendant a substantial danger to self or others.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16b - Involuntary Feeding and Hydration of Inmates › Section 102 - Definitions.

Effective 9/1/2021
77-16b-102.
Definitions.
As used in this chapter:
(1) "Correctional facility" means:
(a) a county jail;
(b) a secure correctional facility as defined by Section 64-13-1; or
(c) a secure care facility as defined in Section 80-1-102.
(2) "Correctional facility administrator" means:
(a) a county sheriff in charge of a county jail;
(b) a designee of the executive director of the Utah Department of Corrections; or
(c) a designee of the director of the Division of Juvenile Justice Services.
(3) "Medical supervision" means under the direction of a licensed physician, physician assistant, or nurse practitioner.
(4) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
(5) "Prisoner" means:
(a) any individual who is a pretrial detainee or who has been committed to the custody of a sheriff or the Utah Department of Corrections, and who is physically in a correctional facility; and
(b) any individual who is 18 years old or older and younger than 21 years old, and who has been committed to the custody of the Division of Juvenile Justice Services.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16b - Involuntary Feeding and Hydration of Inmates › Section 103 - Involuntary feeding or hydration of prisoners -- Petition procedures, venue -- Prisoner rights.

77-16b-103.
Involuntary feeding or hydration of prisoners -- Petition procedures, venue -- Prisoner rights.
(1) A correctional facility administrator may petition the district court where the correctional facility is located for an order permitting the involuntary feeding or hydration of any prisoner who is likely to suffer severe harm or death by refusing to accept sufficient nutrition or hydration.
(2) Prior to the filing of a petition under this section, a mental health therapist who is designated by the correctional facility administrator shall conduct a mental health evaluation of the subject prisoner.
(3) Upon the filing of a petition, the district court shall hold a hearing within two working days. The court:
(a) shall confidentially review the prisoner's medical and mental health records as they are available;
(b) may hear testimony or receive evidence, subject to the Utah Rules of Evidence, concerning the circumstances of the prisoner's lack of nutrition or hydration; and
(c) may exclude from the hearing any person whose presence is not necessary for the purposes of the hearing, due to the introduction of personal medical and mental health evidence.
(4) After conducting the hearing under Subsection (3), the district court shall issue an order to involuntarily feed or hydrate the prisoner, if the court finds by a preponderance of evidence that:
(a)
(i) the prisoner is likely to suffer severe harm or death by refusing to accept sufficient nutrition or hydration; and
(ii) the correctional facility's medical or penological objectives are valid and outweigh the prisoner's right to refuse treatment; or
(b) the prisoner is refusing sufficient nutrition or hydration with the intent to obstruct or delay any judicial or administrative proceeding pending against the prisoner.
(5) The district court shall state its findings of fact and conclusions of law on the record.
(6) The correctional facility administrator shall serve copies of the petition and a notice of the district court hearing on the prisoner and the prisoner's counsel, if the prisoner is represented by counsel, at least 24 hours in advance of the hearing under Subsection (3).
(7) The prisoner has the right to attend the hearing, testify, present evidence, and cross-examine witnesses.
Enacted by Chapter 355, 2012 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16b - Involuntary Feeding and Hydration of Inmates › Section 104 - Involuntary feeding or hydration of prisoners -- Standards, continuing jurisdiction, and records.

77-16b-104.
Involuntary feeding or hydration of prisoners -- Standards, continuing jurisdiction, and records.
(1) Any involuntary nutrition or hydration of a prisoner pursuant to this chapter shall be conducted under immediate medical supervision and in a medically recognized and acceptable manner.
(2) Upon the filing of a petition pursuant to Section 77-16b-102, the court has the continuing jurisdiction to review the prisoner's need for involuntary nutrition or hydration as long as the prisoner remains in custody of the correctional facility.
(3) A correctional facility shall maintain records of any involuntary feeding or hydration of prisoners under this chapter.
(a) The records are classified as "controlled" under Section 63G-2-304.
(b) All medical or mental health records submitted to the court under this chapter shall be kept under seal.
Enacted by Chapter 355, 2012 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 16b - Involuntary Feeding and Hydration of Inmates › Section 105 - Involuntary feeding or hydration of prisoners -- Exceptions.

77-16b-105.
Involuntary feeding or hydration of prisoners -- Exceptions.
This chapter does not apply to medically imposed fasts for the purpose of conducting medical procedures or tests, or to religious fasts of reasonable duration.
Enacted by Chapter 355, 2012 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 1 - Doubt as to degree -- Conviction only on lowest.

77-17-1.
Doubt as to degree -- Conviction only on lowest.
When it appears the defendant has committed a public offense and there is reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the lower degree.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 2 - Discharging one of several defendants -- To testify for state.

77-17-2.
Discharging one of several defendants -- To testify for state.
When two or more persons are included in the same charge, the court may at any time, on the application of the prosecuting attorney, direct any defendant to be discharged or his case severed so that he may be a witness for the prosecution.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 4 - Conspiracy -- Pleading -- Evidence -- Proof necessary.

77-17-4.
Conspiracy -- Pleading -- Evidence -- Proof necessary.
On a trial for conspiracy in a case where an overt act is necessary to constitute the offense, the defendant shall not be convicted unless one or more overt acts are expressly alleged in the information or indictment, and unless one of the acts alleged has been proved. However, proof of overt acts not alleged may be given in evidence.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 5 - Proof of corporate existence or powers generally.

77-17-5.
Proof of corporate existence or powers generally.
In a criminal case the existence, constitution or powers of any corporation may be proved by general reputation, or by the printed statutes of the state, government or country by which this corporation was created.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 6 - Lottery tickets -- Evidence.

77-17-6.
Lottery tickets -- Evidence.
(1) On a trial for violation of any of the lottery provisions of the Utah Criminal Code, it is not necessary to prove:
(a) The existence of any lottery in which any lottery tickets shall purport to have been issued;
(b) The actual signing of any ticket or share, or pretended share of any pretended lottery; or
(c) That any lottery ticket, share or interest was signed or issued by the authority of any manager, or of any person assuming to have authority as manager.
(2) In all cases, proof of the sale, furnishing, bartering or procuring of any lottery ticket, share or interest therein, or of any instrument purporting to be a ticket, or part or share of any ticket shall be evidence that the share or interest was signed and issued according to its purport.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 7 - Conviction on testimony of accomplice -- Instruction to jury.

77-17-7.
Conviction on testimony of accomplice -- Instruction to jury.
(1) A conviction may be had on the uncorroborated testimony of an accomplice.
(2) In the discretion of the court, an instruction to the jury may be given to the effect that such uncorroborated testimony should be viewed with caution, and such an instruction shall be given if the trial judge finds the testimony of the accomplice to be self contradictory, uncertain or improbable.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 8 - Mistake in charging offense -- Procedure -- Witnesses.

Effective 11/16/2021
77-17-8.
Mistake in charging offense -- Procedure -- Witnesses.
(1) If, at any time before verdict or judgment, a mistake is made in charging the proper offense, and there is probable cause to believe that the defendant is chargeable with another offense, the court may:
(a) release the individual on the individual's own recognizance, as defined in Section 77-20-102, during the time the individual awaits trial or other resolution of criminal charges;
(b) designate a condition, or a combination of conditions, described in Subsection 77-20-205(4), to be imposed upon the individual's release during the time the individual awaits trial or other resolution of criminal charges; or
(c) order the individual be detained during the time the individual awaits trial or other resolution of criminal charges.
(2) A court may require a witness to post monetary bail, as defined in Section 77-20-102, to ensure that the witness appears in court.
Amended by Chapter 4, 2021 Special Session 2
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 9 - Separation or sequestration of jurors -- Oath of officer having custody.

77-17-9.
Separation or sequestration of jurors -- Oath of officer having custody.
(1) The court, at any time before the submission of the case to the jury, may permit the jury to separate or order that it be sequestered in charge of a proper officer.
(2) If the jury is sequestered the officer shall be sworn to keep the jurors together until the next meeting of the court, to prevent any person from speaking or communicating with them, and not to do so himself on any subject connected with the trial, and to return the jury to the court pursuant to its order.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 10 - Court to determine law; the jury, the facts.

77-17-10.
Court to determine law; the jury, the facts.
(1) In a jury trial, questions of law are to be determined by the court, questions of fact by the jury.
(2) The jury may find a general verdict which includes questions of law as well as fact but they are bound to follow the law as stated by the court.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 11 - Jury to retire for deliberation -- Oath of officer having custody.

77-17-11.
Jury to retire for deliberation -- Oath of officer having custody.
After hearing the court's instructions and arguments of counsel, the jury shall retire for deliberation. An officer shall be sworn to keep them together in some private and convenient place and not permit any person to speak to or communicate with them or to do so himself except upon the order of the court, or to ask them whether they have agreed on a verdict. He shall return them to court when they have agreed and the court has so ordered, or when otherwise ordered by the court.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 17 - The Trial › Section 12 - Defendant on bail appearing for trial may be committed.

77-17-12.
Defendant on bail appearing for trial may be committed.
When a defendant who has given bail appears for trial, the court may, at any time after his appearance for trial, order him to be committed to the custody of the proper officer to await the judgment or further order of the court.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 18 - The Judgment › Section 102 - Definitions.

Effective 5/3/2023
77-18-102.
Definitions.
As used in this chapter:
(1) "Assessment" means, except as provided in Section 77-18-104, the same as the term "risk and needs assessment" in Section 77-1-3.
(2) "Board" means the Board of Pardons and Parole.
(3) "Civil accounts receivable" means the same as that term is defined in Section 77-32b-102.
(4) "Civil judgment of restitution" means the same as that term is defined in Section 77-32b-102.
(5) "Convicted" means the same as that term is defined in Section 76-3-201.
(6) "Criminal accounts receivable" means the same as that term is defined in Section 77-32b-102.
(7) "Default" means the same as that term is defined in Section 77-32b-102.
(8) "Delinquent" means the same as that term is defined in Section 77-32b-102.
(9) "Department" means the Department of Corrections created in Section 64-13-2.
(10) "Payment schedule" means the same as that term is defined in Section 77-32b-102.
(11) "Restitution" means the same as that term is defined in Section 77-38b-102.
(12) "Screening" means, except as provided in Section 77-18-104, a tool or questionnaire that is designed to determine whether an individual needs further assessment or any additional resource or referral for treatment.
(13) "Substance use disorder treatment" means treatment obtained through a substance use disorder program that is licensed by the Office of Licensing within the Department of Health and Human Services.
Amended by Chapter 330, 2023 General Session