Key Information

Relevant Statutes and Rules

Utah Code Ann. § 77-15-1 et seq.

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1
except
2, if defendant is charged with a capital felony OR defendant is charged with a felony that is not a capital felony, and the court finds good cause exists to order two examinations.

Utah Code Ann. § 77-15-5(3)(a), (b) (West)

Qualifications of examiners

"a licensed mental health professional who:
(a) is not involved in the defendant's treatment;
(b) is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to:
(i) intellectual functioning or psychopathology; and
(ii) the legal system and the rights of a defendant in a criminal trial; and
(c) if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act."

Utah Code Ann. § 77-15-2(4) (West)

What must the evaluation report contain

In the conduct of a competency evaluation, a progress toward competency evaluation, and in a report to the court, a forensic evaluator shall consider and address, in addition to any other factors determined to be relevant by the forensic evaluator:
1. The defendant's present ability to: a) rationally and factually understand the criminal prcoeedings against the defendant b) consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense  U.C.A. § 77-15-5(5)

"Upon a determination that the defendant is incompetent to proceed, the forensic evaluator shall indicate in the report to the court:
(a) the factors that contribute to the defendant's incompetency, including the nature of the defendant's mental illness or intellectual disability, if any, and its relationship to the factors contributing to the defendant's incompetency;
(b) whether there is a substantial probability that:
(i) restoration treatment may bring the defendant to competency to stand trial in the foreseeable future; or
(ii) the defendant cannot become competent to stand trial in the foreseeable future;
(c) whether the defendant would benefit from restoration treatment; and
(d) if the forensic evaluator makes the determination under Subsection (7)(b)(i) or (7)(c), an explanation of the reason for the determination and a summary of the treatment provided to the defendant in the past."

Utah Code Ann. § 77-15-5(7) (West)

"(9) Any written report submitted by a forensic evaluator shall:
(a) identify the case ordered for evaluation by the case number;
(b) describe the procedures, techniques, and tests used in the examination and the purpose or purposes for each, the time spent by the forensic evaluator with the defendant for purposes of the examination, and the compensation to be paid to the evaluator for the report;
(c) state the forensic evaluator's clinical observations, findings, and opinions on each factor described in Subsection (6); and
(d) identify the sources of information used by the forensic evaluator and present the basis for the forensic evaluator's clinical findings and opinions."

Utah Code Ann. § 77-15-5(9) (West)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

If the most severe charge against a defendant is a misdemeanor and the defendant is adjudicated by a court as incompetent to proceed:
(a) the department shall provide restoration treatment to the defendant; and
(b) the court may refer the defendant to pretrial diversion services, upon agreement of the prosecution and defense counsel.

Utah Code Ann. § 77-15-3.5(2) (West)

What are the locations for restoration services

"the court shall order the defendant committed to the department for restoration treatment.
(b)(i) Except as provided in Subsection (1)(b)(ii), the court may recommend but may not order placement of a defendant who is found incompetent to proceed.
(ii) The court may order that the defendant be placed in a secure setting rather than a nonsecure setting."

Utah Code Ann. § 77-15-6(1) (West)

What is the test for restorability

"without a substantial probability that the defendant may become competent in the foreseeable future"

Utah Code Ann. § 77-15-6(5)(c) (West)

What is the procedure after restoration

"If at any time the court determines that the defendant is competent to stand trial, the court shall:
(i) proceed with the trial or other procedures as may be necessary to adjudicate the charges;
(ii) order that the defendant be returned to the placement and status that the defendant was in at the time when the petition for the adjudication of competency was filed or raised by the court, unless the court determines that placement of the defendant in a less restrictive environment is more appropriate;
(iii) order the ongoing administration of antipsychotic medication to the defendant for the purpose of maintaining the defendant's competency to stand trial, if the court finds that the administration of antipsychotic medication is necessary to maintain the defendant's competency to stand trial under Subsection (4)(c)(ii); and
(iv) require the agency, jail, or prison with custody over the defendant to report to the court any noncompliance with the court's orders under this Subsection (5) within 48 hours of the noncompliance."

Utah Code Ann. § 77-15-6(5)(a) (West)

What is the procedure if there is a finding of unrestorability

"[T]he court shall order the defendant released from commitment to the department, unless the prosecutor or another individual informs the court that civil commitment proceedings pursuant to 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, will be initiated.
(ii) The commitment proceedings must be initiated by a petition filed within seven days after the day on which the court makes the determination described in Subsection (4)(c)(iv), unless the court finds that there is good cause to delay the initiation of the civil commitment proceedings.
(iii) The court may order the defendant to remain committed to the department until the civil commitment proceedings conclude.
(iv) If the defendant is civilly committed and admitted to a secure setting, the department shall provide notice to the court that adjudicated the defendant incompetent to proceed and to the prosecution agency that prosecuted the case at least 60 days before any proposed release of the committed individual from the secure setting."

Utah Code Ann. § 77-15-6(5)(c) (West)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

The court shall release a defendant and may, but is not required to, dismiss the charges when the defendant is (1) charged with a Class B misdemeanor, (2) more than 60 days have passed after the day on which the court adjudicated the defendant incompetent, and (3) the defendant is not restored to competency."

Utah Code Ann. § 77-15-3.5(5) (West)

"(a)The remedy for a violation of the time periods specified in this section, other than those specified in Subsection (5)(c), (8), (10), or (13), shall be a motion to compel the hearing, or mandamus, but not release from detention or dismissal of the criminal charges.
(b) The remedy for a violation of the time periods specified in Subsection (5)(c), (8), (9), or (13), or is not dismissal of the criminal charges."

Utah Code Ann. § 77-15-6(16) (West)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Class B misdemeanor: 60 days from the day the court adjudicated the defendant incompetent.

Utah Code Ann. § 77-15-3.5(3) (West)

The maximum period of incarceration that the defendant could receive if the defendant were convicted of the most severe offense of the offenses charged.

Utah Code Ann. § 77-15-6(1)(e) (West)