Utah Code 77-15-3.5. Incompetent to proceed in misdemeanor cases
Current as of: 2024 | Check for updates
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(1) When a defendant charged with a misdemeanor may be incompetent to proceed, any petition shall be filed in accordance with Section 77-15-3.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 77-15-3.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Health and Human Services. See Utah Code 77-15-2
- Incompetent to proceed: means that a defendant is not competent to stand trial as a result of:(5)(a) mental illness; or(5)(b) intellectual disability. See Utah Code 77-15-2
- Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2
- Restoration treatment: means training and treatment that is:
(10)(a) provided to an individual who is incompetent to proceed;(10)(b) tailored to the individual's particular impairment to competency; and(10)(c) limited to the purpose of restoring the individual to competency. See Utah Code 77-15-2(2) If the most severe charge against a defendant is a misdemeanor and the defendant is adjudicated by a court as incompetent to proceed:(2)(a) the department shall provide restoration treatment to the defendant; and(2)(b) the court may refer the defendant to pretrial diversion services, upon agreement of the prosecution and defense counsel.(3) Unless the prosecutor or another individual indicates that civil commitment proceedings will be initiated under Subsection 77-15-6(5)(c), a court shall release a defendant who is incompetent to proceed if:(3)(a) the most severe charge against the defendant is a class B misdemeanor;(3)(b) more than 60 days have passed after the day on which the court adjudicated the defendant incompetent to proceed; and(3)(c) the defendant is not restored to competency.(4) The department shall provide restoration treatment to the defendant within the timeframe described in Subsection (3)(b).(5) The court may, but is not required to, dismiss the charges against a defendant who was released under Subsection (3).