Utah Code 80-6-403. Disposition on finding of not competent to proceed — Subsequent hearings — Notice to prosecuting attorneys
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(1) If the juvenile court determines that the minor is not competent to proceed, and there is a substantial likelihood that the minor may attain competency in the foreseeable future, the juvenile court shall notify the department of the finding and allow the department 30 days to develop an attainment plan for the minor.
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 80-6-403
- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Allegation: something that someone says happened.
- Attorney guardian ad litem: means the same as that term is defined in Section
78A-2-801 . See Utah Code 80-1-102 - Authority: means the Youth Parole Authority created in Section
80-5-701 . See Utah Code 80-6-102 - Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102 - committed: means , unless specified otherwise:(15)(a) with respect to a child, to transfer legal custody; and(15)(b) with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102
- Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401
- competent to proceed: means that a minor has:
(1)(a)(i) a present ability to consult with counsel with a reasonable degree of rational understanding; and(1)(a)(ii) a rational as well as factual understanding of the proceedings. See Utah Code 80-6-401- Defense attorney: Represent defendants in criminal matters.
- Department: means the Department of Health and Human Services created in Section
26B-1-201 . See Utah Code 80-1-102- Detention: means home detention or secure detention. See Utah Code 80-1-102
- Developmental immaturity: means incomplete development in one or more domains that manifests as a functional limitation in the minor's present ability to:
(26)(a) consult with counsel with a reasonable degree of rational understanding; and(26)(b) have a rational as well as factual understanding of the proceedings. See Utah Code 80-1-102- Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section
80-3-405 or80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. See Utah Code 80-1-102- Division: means the Division of Juvenile Justice and Youth Services created in Section
80-5-103 . See Utah Code 80-6-102- 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.
- Forensic evaluator: means the same as that term is defined in Section 77-15-2. See Utah Code 80-6-401
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
(35)(a) marriage;(35)(b) enlistment in the armed forces;(35)(c) major medical, surgical, or psychiatric treatment; or(35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Guardian ad litem: means the same as that term is defined in Section
78A-2-801 . See Utah Code 80-1-102- Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102
- Mental illness: means :
(53)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or(53)(b) the same as that term is defined in:(53)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or(53)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 80-1-102- Minor: means , except as provided in Sections
80-6-501 ,80-6-901 , and80-7-102 :(54)(a) a child; or(54)(b) an individual:(54)(b)(i)(54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and(54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;(54)(b)(ii)(54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and(54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection78A-6-103 (1)(b); or(54)(b)(iii)(54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and(54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection78A-6-103 (1)(c). See Utah Code 80-1-102- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Not competent to proceed: means an individual is not competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401
- Prosecuting attorney: means :
(65)(a) the attorney general and any assistant attorney general;(65)(b) any district attorney or deputy district attorney;(65)(c) any county attorney or assistant county attorney; and(65)(d) any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102- Related condition: means a condition that:
(69)(a)(i) is found to be closely related to intellectual disability;(69)(a)(ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual;(69)(a)(iii) is likely to continue indefinitely; and(69)(a)(iv) constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) The attainment plan shall include:(2)(a) any services or treatment the minor has been or is currently receiving that are necessary to attain competency;(2)(b) any additional services or treatment the minor may require to attain competency;(2)(c) an assessment of the parent, custodian, or guardian‘s ability to access or provide any recommended treatment or services;(2)(d) any special conditions or supervision that may be necessary for the safety of the minor or others during the attainment period; and(2)(e) the likelihood that the minor will attain competency and the amount of time likely required for the minor to attain competency.(3) The department shall provide the attainment plan to the juvenile court, the prosecuting attorney, the defense attorney, and the attorney guardian ad litem at least three days before the competency disposition hearing.(4)(4)(a) During the attainment period, the minor shall remain in the least restrictive appropriate setting.(4)(b) A finding of not competent to proceed does not grant authority for a juvenile court to place a minor in the custody of a division of the department, or create eligibility for services from the Division of Services for People With Disabilities.(4)(c) If the juvenile court orders the minor to be held in detention during the attainment period, the juvenile court shall make the following findings on the record:(4)(c)(i) the placement is the least restrictive appropriate setting;(4)(c)(ii) the placement is in the best interest of the minor;(4)(c)(iii) the minor will have access to the services and treatment required by the attainment plan in the placement; and(4)(c)(iv) the placement is necessary for the safety of the minor or others.(4)(d) A juvenile court shall terminate an order of detention related to the pending proceeding for a minor who is not competent to proceed in that matter if:(4)(d)(i) the most severe allegation against the minor if committed by an adult is a class B misdemeanor;(4)(d)(ii) more than 60 days have passed after the day on which the juvenile court adjudicated the minor not competent to proceed; and(4)(d)(iii) the minor has not attained competency.(5)(5)(a) At any time that the minor becomes competent to proceed during the attainment period, the department shall notify the juvenile court, the prosecuting attorney, the defense attorney, and the attorney guardian ad litem.(5)(b) The juvenile court shall hold a hearing with 15 business days of notice from the department described in Subsection (5)(a).(6)(6)(a) If at any time during the attainment period the juvenile court finds that there is not a substantial probability that the minor will attain competency in the foreseeable future, the juvenile court shall terminate the competency proceeding, dismiss the petition or information without prejudice, and release the minor from any custody order related to the pending proceeding, unless the prosecuting attorney or any other individual informs the juvenile court that commitment proceedings will be initiated in accordance with:(6)(a)(ii) if the minor is 18 years old or older, Title 26B, Chapter 5, Part 3, Utah State Hospital and Other Mental Health Facilities; or(6)(a)(iii) if the minor is a child, Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18.(6)(b) The prosecuting attorney shall initiate the proceedings described in Subsection (6)(a) within seven days after the juvenile court’s order, unless the juvenile court enlarges the time for good cause shown.(7) During the attainment period, the juvenile court may order a hearing or rehearing at anytime on the juvenile court’s own motion or upon recommendation of any interested party or the department.(8)(8)(a) Within three months of the juvenile court’s approval of the attainment plan, the department shall provide a report on the minor’s progress towards competence.(8)(b) The report described in Subsection (8)(a) shall address the minor’s:(8)(b)(i) compliance with the attainment plan;(8)(b)(ii) progress towards competency based on the issues identified in the original competency evaluation; and(8)(b)(iii) current mental illness, intellectual disability or related condition, or developmental immaturity, and need for treatment, if any, and whether there is substantial likelihood of the minor attaining competency within six months.(9)(9)(a) Within 30 days of receipt of the report, the juvenile court shall hold a hearing to determine the minor’s current status.(9)(b) At the hearing, the burden of proving the minor is competent is on the proponent of competency.(9)(c) The juvenile court shall determine by a preponderance of the evidence whether the minor is competent to proceed.(10) If the minor has not attained competency after the initial three month attainment period but is showing reasonable progress towards attainment of competency, the juvenile court may extend the attainment period up to an additional three months.(11) The department shall provide an updated juvenile competency evaluation at the conclusion of the six month attainment period to advise the juvenile court on the minor’s current competency status.(12) If the minor does not attain competency within six months after the juvenile court initially finds the minor not competent to proceed, the court shall terminate the competency proceedings and dismiss the petition or information filed without prejudice, unless good cause is shown that there is a substantial likelihood the minor will attain competency within one year from the initial finding of not competent to proceed.(13) In the event a minor has an unauthorized leave lasting more than 24 hours, the attainment period shall toll until the minor returns.(14)(14)(a) Regardless of whether a minor consents to attainment, any statement made by the minor in the course of attainment, any testimony by the forensic evaluator based upon any statement made by the minor in the course of attainment, and any other fruits of a statement made by the minor in the course of attainment:(14)(a)(i) may not be admitted in evidence against the minor in a proceeding under this chapter, except the statement may be admitted on an issue respecting the mental condition on which the minor has introduced evidence; and(14)(a)(ii) may be admitted where relevant to a determination of the minor’s competency.(14)(b) Before evaluating the minor during the attainment period, a forensic evaluator shall specifically advise the minor, and the minor’s parent or guardian if reasonably available, of the limits of confidentiality provided in Subsection (14)(a).