77-16a-103 - Plea of guilty and mentally ill at the time of the offense. - Utah Statutes

77-16a-103. Plea of guilty and mentally ill at the time of the offense.
(1) Upon a plea of guilty and mentally ill at the time of the offense being tendered by adefendant to any charge, the court shall hold a hearing within a reasonable time to determinewhether the defendant is currently mentally ill.
(2) The court may order the department to examine the defendant, and may receive thetestimony of any public or private expert witness offered by the defendant or the prosecutor. Thedefendant may be placed in the Utah State Hospital for that examination only upon approval bythe executive director.
(3) (a) A defendant who tenders a plea of guilty and mentally ill at the time of the offenseshall be examined first by the trial judge, in compliance with the standards for taking pleas ofguilty. The defendant shall be advised that a plea of guilty and mentally ill at the time of theoffense is a plea of guilty and not a contingent plea.
(b) If the defendant is later found not to be currently mentally ill, that plea remains a validplea of guilty and mentally ill at the time of the offense, and the defendant shall be sentenced asany other offender.
(4) If the court concludes that the defendant is currently mentally ill his plea shall beaccepted and he shall be sentenced in accordance with Section 77-16a-104.
(5) (a) When the offense is a state offense, expenses of examination, observation, andtreatment for the defendant shall be paid by the department.
(b) Travel expenses shall be paid by the county where prosecution is commenced.
(c) Expenses of examination for defendants charged with violation of a municipal orcounty ordinance shall be paid by the municipality or county that commenced the prosecution.

Amended by Chapter 61, 2002 General Session