Human Services, Substance Abuse and Mental Health, State Hospital

Rule R525-8

Forensic Mental Health Facility

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34720
Filed: 04/26/2011 04:04:31 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 62A-15-902(2)(c) requires the department to "make rules providing for the allocation of beds" for the placement of individuals described in Subsection 62A-15-902(2)(a).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received by the division in reference to Rule R525-8.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is mandated by statute and is needed to inform county and state judicial systems on the process by which forensic beds are accessed at the Utah State Hospital. These beds are critical to ensure due process for persons who stand accused of a crime, but display questionable capacity to understand the allegations leveled against them and/or the judicial process by which they will be judged and possibly convicted. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at tdunford@utah.gov

Authorized by:

Lana Stohl, Director

Effective:

04/26/2011