(1) Pending removal to an intermediate care facility for people with an intellectual disability, an individual taken into custody or ordered to be committed under this part may be detained in the individual’s home, or in some other suitable facility.

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Terms Used In Utah Code 26B-6-611

  • Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
  • 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
(2) The individual shall not, however, be detained in a nonmedical facility used for detention of individuals charged with or convicted of penal offenses, except in a situation of extreme emergency.
(3) The division shall take reasonable measures, as may be necessary, to assure proper care of an individual temporarily detained under this part.