Utah Code 77-16a-104. Verdict of guilty with a mental condition — Hearing to determine present mental state
Current as of: 2024 | Check for updates
|
Other versions
(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.
Terms Used In Utah Code 77-16a-104
- 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 77-16a-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive director: means the executive director of the Department of Health and Human Services. See Utah Code 77-16a-101
- Mental condition: means the same as that term is defined in Section
76-2-305 . See Utah Code 77-16a-101 - 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
- UDC: means the Department of Corrections. See Utah Code 77-16a-101
- Verdict: The decision of a petit jury or a judge.
(2)
(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.
(2)(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:
(3)(a) commit the defendant to the department, in accordance with the provisions of Section 77-16a-202, if:
(3)(a)(i) the court gives the department the opportunity to provide an evaluation and recommendation under Subsection (4); and
(3)(a)(ii) the court finds by clear and convincing evidence that:
(3)(a)(ii)(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
(3)(a)(ii)(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;
(3)(b) order probation in accordance with Section 77-16a-201; or
(3)(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).