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2019 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 15 - Inquiry into Sanity of Defendant
Section 2 - Definitions.
Universal Citation: UT Code § 77-15-2 (2019)
Effective 5/8/2018
77-15-2. Definitions.
As used in this chapter:
Amended by Chapter 147, 2018 General Session
77-15-2. Definitions.
As used in this chapter:
- (1) "Competency evaluation" means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial.
- (2) "Competent to stand trial" means that a defendant has:
- (a) a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and
- (b) the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense.
- (3) "Department" means the Department of Human Services.
- (4) "Forensic evaluator" means a licensed mental health professional who is:
- (a) not involved in the defendant's treatment; and
- (b) trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation.
- (5) "Incompetent to proceed" means that a defendant is not competent to stand trial.
- (6) "Petition" means a petition to request a court to determine whether a defendant is competent to stand trial.
- (7) "Progress toward competency evaluation" means an evaluation to determine whether an individual who is receiving restoration treatment is:
- (a) competent to stand trial;
- (b) incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or
- (c) incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future.
- (8) "Restoration screening" means an assessment of an individual determined to be incompetent to stand trial for the purpose of determining the appropriate placement and restoration treatment for the individual.
- (9) "Restoration treatment" means training and treatment that is:
- (a) provided to an individual who is incompetent to proceed;
- (b) tailored to the individual's particular impairment to competency; and
- (c) limited to the purpose of restoring the individual to competency.
Amended by Chapter 147, 2018 General Session
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