DAR File No. 40314
This rule was published in the May 1, 2016, issue (Vol. 2016, No. 9) of the Utah State Bulletin.
Human Services, Substance Abuse and Mental Health, State Hospital
Rule R525-8
Forensic Mental Health Facility
Notice of Proposed Rule
(Amendment)
DAR File No.: 40314
Filed: 04/14/2016 02:45:32 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this change is to update the guidance provided by this rule.
Summary of the rule or change:
This amendment provides updated information by: 1) clarifying the purpose is setting the criteria for admission to the Utah State Hospital; 2) updating the statutory requirement; and 3) providing guidance on the role of the Director of the Department of Human Services in allocating resources for competency restoration services.
State statutory or constitutional authorization for this rule:
- Section 62A-15-605.5
- Subsection 62A-15-902(2)(c)
- Section 62A-15-105
- Section 77-16a-202
- Subsection 77-18-1(13)
- Section 77-16a-203
- Section 77-16a-204
Anticipated cost or savings to:
the state budget:
The changes to the rule will not have any sort of cost or expense to the state budget. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings.
local governments:
The changes to the rule will not have any sort of cost or expense to local government. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings.
small businesses:
The changes to the rule will not have any sort of cost or expense to the small businesses. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings.
persons other than small businesses, businesses, or local governmental entities:
The changes to the rule will not have any sort of cost or expense to persons other than small businesses, businesses, or local government entities. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings.
Compliance costs for affected persons:
The changes to the rule will not have any sort of compliance cost. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings.
Comments by the department head on the fiscal impact the rule may have on businesses:
The changes to the rule will not have any fiscal impact on businesses. The Legislature appropriated funds for the jail-based restoration; these changes just help clarify that those can be used for that service that is already funded, but these rule changes in and of themselves don't cause a cost or savings.
Ann Silverberg Williamson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Human ServicesSubstance Abuse and Mental Health, State Hospital
UTAH STATE HOSPITAL
PROVO, UT 84603-0270
Direct questions regarding this rule to:
- Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [email protected]
- L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
05/31/2016
This rule may become effective on:
06/07/2016
Authorized by:
Doug Thomas, Director
RULE TEXT
R525. Human Services, Substance Abuse and Mental Health, State Hospital.
R525-8. Forensic Mental Health Facility.
R525-8-1. Authority and Purpose.
(1) This rule is adopted under the authority of Section 62A-15-105.
(2) The purpose of this rule is to explain
the [allocation of]criteria for admission to beds for the Forensic Mental
Health Facility at the Utah State Hospital.
R525-8-2. Forensic Mental Health Facility.
(1) Pursuant to the requirements of
Section 62A-15-902(2)(c), the forensic mental health facility
allocates [beds to serve the following categories]admits individuals in accordance with state statute as
follows:
(a) [prison inmates displaying mental illness, as defined in
Section 62A-15-602, necessitating treatment in a secure mental
health facility]persons found by a court to be incompetent to proceed in
accordance with Title 77, Chapter 15, or not guilty by reason of
insanity under Title 77, Chapter 14;
(b) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation for mental illness under Title 77, Chapter 16a;
(c) criminally adjudicated persons found
guilty and mentally ill or undergoing evaluation for mental illness
under Title 77, Chapter 16a, who are also [mentally retarded]intellectually disabled;
(d) [persons found by a court to be incompetent to proceed in
accordance with Title 77, Chapter 15, or not guilty by reason of
insanity under Title 77, Chapter 14]prison inmates necessitating treatment in a secure mental health
facility in accordance with Section 77-16a-202, 203, 204 and in
Section 62A-15-605.5; and
(e) persons who are civilly committed to the custody of a local mental health authority in accordance with Title 62A, Chapter 15, Part 6, and who may not be properly supervised by the Utah State Hospital because of a lack of necessary security, as determined by the superintendent or his designee.
(2) Additionally, the beds serve the following categories:
(a) persons undergoing an evaluation to determine competency to proceed under Title 77, Chapter 15; and
(b) persons committed to the state hospital as a condition of probation under Subsection 77-18-1(13).
(3) The Executive Director of the Department of Human Services (DHS) or their designee may allocate resources to provide competency restoration services and/or treatment for the purpose of competency restoration to those ordered to the custody of the Department of Human Services.
R525-8-3.
Forensic
Bed [
Allocation
]
Admissions
.
[Beds]People are [allocated]identified for admission based on current psychiatric need
, [and ]legal status
and the date of their court order into DHS custody. Highest
priority shall be given to those cases which are specifically
required to be admitted to the Utah State Hospital by Utah law.
R525-8-4. No Admission Because of Capacity.
When capacity in the forensic mental health facility has been met, the hospital shall not admit any persons to the forensic mental health facility until a bed becomes available. In such an event the hospital will work cooperatively with the court to find a resolution.
KEY: forensic, mental health, facilities
Date of Enactment or Last Substantive Amendment: [February 21, 2012]2016
Notice of Continuation: April 26, 2011
Authorizing, and Implemented or Interpreted Law:
62A-15-105; 62A-15-605.5;
62A-15-902(2)(c); [
62A-15-105;
]
77-16a-202, 203, 204; 77-18-1(13)
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160501.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [email protected]; L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Division of Administrative Rules.