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2023 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 (2023)
Effective 5/3/2023
77-15-2. Definitions.
As used in this chapter:
Amended by Chapter 171, 2023 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 Health and Human Services.
- (4) "Forensic evaluator" means a licensed mental health professional who:
- (a) is not involved in the defendant's treatment;
- (b) is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to:
- (i) intellectual functioning or psychopathology; and
- (ii) the legal system and the rights of a defendant in a criminal trial; and
- (c) if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
- (5) "Incompetent to proceed" means that a defendant is not competent to stand trial as a result of:
- (a) mental illness; or
- (b) intellectual disability.
- (6) "Intellectual disability" means an intellectual disability as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
- (7) "Mental illness" means the same as that term is defined in Section 26B-5-301.
- (8) "Petition" means a petition to request a court to determine whether a defendant is competent to stand trial.
- (9) "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.
- (10) "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 171, 2023 General Session
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