77-19-203 - Petition for inquiry as to competency to be executed -- Filing -- Contents -- Successive petitions. - Utah Statutes

77-19-203. Petition for inquiry as to competency to be executed -- Filing -- Contents-- Successive petitions.
(1) If an inmate who has been sentenced to death is or becomes incompetent to beexecuted, a petition under Subsection (2) may be filed in the district court of the county wherethe inmate is confined.
(2) The petition shall:
(a) contain a certificate stating that it is filed in good faith and on reasonable grounds tobelieve the inmate is incompetent to be executed; and
(b) contain a specific recital of the facts, observations, and conversations with the inmatethat form the basis for the petition.
(3) The petition may be based upon knowledge or information and belief and may befiled by the inmate alleged to be incompetent, legal counsel for the inmate, or by an attorneyrepresenting the state.
(4) Before ruling on a petition filed by an inmate or his counsel alleging that the inmateis incompetent to be executed, the court shall give the state and the Department of Corrections anopportunity to respond to the allegations of incompetency.
(5) If a petition is filed after an inmate has previously been found competent under eitherthis chapter or under Title 77, Chapter 15, Inquiry into Sanity of Defendant, no further hearing oncompetency may be granted unless the successive petition:
(a) alleges with specificity a substantial change of circumstances subsequent to theprevious determination of competency; and
(b) is sufficient to raise a significant question about the inmate's competency to beexecuted.

Enacted by Chapter 137, 2004 General Session