77-16a-304 - Review after commitment. - Utah Statutes

77-16a-304. Review after commitment.
(1) (a) The executive director, or the executive director's designee, shall establish areview team of at least three qualified staff members to review the defendant's mental conditionat least every six months.
(b) The team described in Subsection (1)(a) shall include:
(i) at least one psychiatrist; and
(ii) if the defendant is mentally retarded, at least one staff member who is a designatedmental retardation professional, as defined in Section 62A-5-101.
(2) If the review team described in Subsection (1) finds that the defendant has recoveredfrom the defendant's mental illness, or, that the defendant is still mentally ill but does not presenta substantial danger to himself or others, the executive director, or the executive director'sdesignee, shall:
(a) notify the court that committed the defendant that the defendant is a candidate fordischarge; and
(b) provide the court with a report stating the facts that form the basis for therecommendation.
(3) (a) The court shall conduct a hearing within 10 business days after receipt of theexecutive director's, or the executive director's designee's, notification.
(b) The court clerk shall provide notice of the date and time of the hearing to:
(i) the prosecuting attorney;
(ii) the defendant's attorney; and
(iii) any victim of the crime for which the defendant was found not guilty by reason ofinsanity.
(4) (a) The court shall order that the defendant be discharged from commitment if thecourt finds that the defendant:
(i) is no longer mentally ill; or
(ii) is mentally ill, but no longer presents a substantial danger to himself or others.
(b) The court shall order the person conditionally released in accordance with Section77-16a-305 if the court finds that the defendant:
(i) is still mentally ill;
(ii) is a substantial danger to himself or others; and
(iii) can be controlled adequately if conditionally released with treatment as a conditionof release.
(c) The court shall order that the commitment be continued if the court finds that thedefendant:
(i) has not recovered from his mental illness;
(ii) is a substantial danger to himself or others; and
(iii) cannot adequately be controlled if conditionally released on supervision.
(d) (i) Except as provided in Subsection (4)(d)(ii), the court may not discharge adefendant whose mental illness is in remission as a result of medication or hospitalization if itcan be determined within reasonable medical probability that without continued medication orhospitalization the defendant's mental illness will reoccur, making the defendant a substantialdanger to himself or others.
(ii) Notwithstanding Subsection (4)(d)(i), the defendant described in Subsection (4)(d)(i)may be a candidate for conditional release, in accordance with Section 77-16a-305.

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Amended by Chapter 61, 2005 General Session