There is a newer version
of
this Section
2017 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 15 - Inquiry into Sanity of Defendant
Section 3 - Petition for inquiry as to defendant or prisoner -- Filing -- Contents.
Universal Citation: UT Code § 77-15-3 (2017)
77-15-3. Petition for inquiry as to defendant or prisoner -- Filing -- Contents.
Amended by Chapter 162, 1994 General Session
- (1) Whenever a person charged with a public offense or serving a sentence of imprisonment is or becomes incompetent to proceed, as defined in this chapter, a petition may be filed in the district court of the county where the charge is pending or where the person is confined.
- (2)
- (a) The petition shall contain a certificate that it is filed in good faith and on reasonable grounds to believe the defendant is incompetent to proceed. The petition shall contain a recital of the facts, observations, and conversations with the defendant that have formed the basis for the petition. If filed by defense counsel, the petition shall contain such information without invading the lawyer-client privilege.
- (b) The petition may be based upon knowledge or information and belief and may be filed by the party alleged incompetent to proceed, any person acting on his behalf, the prosecuting attorney, or any person having custody or supervision over the person.
Amended by Chapter 162, 1994 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
