2006 Utah Code - 62A-1-108.5 — Mental illness and mental retardation examinations -- Responsibilities of the department.

     62A-1-108.5.   Mental illness and mental retardation examinations -- Responsibilities of the department.
     (1) In accomplishing its duties to conduct mental illness and mental retardation examinations under Title 77, Utah Code of Criminal Procedure, the department shall proceed as outlined in this section and within appropriations authorized by the Legislature. The executive director may delegate his responsibilities under this section to one or more divisions within the department.
     (2) When the department is ordered by the court to conduct a mental illness or mental retardation examination, the executive director shall:
     (a) direct that the examination be performed at the Utah State Hospital; or
     (b) designate at least one examiner, selected under Subsection (3), to examine the defendant in his current custody or status.
     (3) The department shall establish criteria, in consultation with the Commission on Criminal and Juvenile Justice, and shall contract with persons or organizations to conduct mental illness and mental retardation examinations under Subsection (2)(b). In making this selection, the department shall follow the provisions of Title 63, Chapter 56, Utah Procurement Code.
     (4) Nothing in this section prohibits the executive director, at the request of defense counsel or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of Criminal Procedure, and for good cause shown, from proposing a person who has not been previously selected under Subsection (3) to contract with the department to conduct the examination. In selecting that person, the criteria of the department established under Subsection (3) and the provisions of Title 63, Chapter 56, Utah Procurement Code, shall be met.

Amended by Chapter 11, 2003 General Session