Utah Code 26B-5-371. Utah Forensic Mental Health Facility — Design and operation — Security
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(1) The forensic mental health facility is a secure treatment facility.
Terms Used In Utah Code 26B-5-371
- Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
- Division: means the Division of Integrated Healthcare created in Section
26B-1-1202 . See Utah Code 26B-5-101 - Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Intellectual disability: means a significant, subaverage general intellectual functioning that:(16)(a) exists concurrently with deficits in adaptive behavior; and(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
- Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
- 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, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. See Utah Code 26B-5-301
- Mental illness: means :
(18)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or(18)(b) the same as that term is defined in:(18)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or(18)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301
- Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
(2)(2)(a) The forensic mental health facility accommodates the following populations:(2)(a)(i) prison inmates displaying mental illness necessitating treatment in a secure mental health facility;(2)(a)(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;(2)(a)(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;(2)(a)(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;(2)(a)(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(2)(a)(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.(2)(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.(2)(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:(3)(a) own and operate the forensic mental health facility;(3)(b) provide and supervise administrative and clinical staff; and(3)(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.