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2019 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 15 - Inquiry into Sanity of Defendant
Section 3.5 - Incompetent to proceed in misdemeanor cases.
Universal Citation: UT Code § 77-15-3.5 (2019)
Effective 5/8/2018
77-15-3.5. Incompetent to proceed in misdemeanor cases.
Enacted by Chapter 147, 2018 General Session
77-15-3.5. Incompetent to proceed in misdemeanor cases.
- (1) When a defendant charged with a misdemeanor is incompetent to proceed, a petition may be filed in the district court of the county where the charge is pending or where the defendant is confined.
- (2) If the most severe charge against a defendant is a misdemeanor and the defendant is adjudicated by a court as incompetent to proceed:
- (a) the department shall provide restoration treatment to the defendant; and
- (b) the court may refer the defendant to pretrial diversion services, upon agreement of the prosecution and defense counsel.
- (3) Unless the prosecutor indicates that civil commitment proceedings will be initiated under Subsection 77-15-6(5)(c), a court shall release a defendant who is incompetent to proceed if:
- (a) the most severe charge against the defendant is no more severe than a class B misdemeanor;
- (b) more than 60 days have passed after the day on which the court adjudicated the defendant incompetent to proceed; and
- (c) the defendant has not been restored to competency.
- (4) A court may dismiss the charges against a defendant who was released under Subsection (3).
Enacted by Chapter 147, 2018 General Session
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