Human Services, Substance Abuse and Mental Health, State Hospital

Rule R525-8

Forensic Mental Health Facility

Notice of Proposed Rule

(Amendment)

DAR File No.: 35596
Filed: 01/03/2012 10:14:03 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update the format of the rule by adding the statutory rulemaking authority and purpose of the rule.

Summary of the rule or change:

This change adds the statutory rulemaking authority and purpose of the rule.

State statutory or constitutional authorization for this rule:

• Section 62A-15-606
• Subsection 62A-15-902(2)(c)

Anticipated cost or savings to:

the state budget:

Because this amendment is formatting only, there is no cost or savings to the state budget.

local governments:

Because this amendment is formatting only, there is no cost or savings to local governments.

small businesses:

Because this amendment is formatting only, there is no cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Because this amendment is formatting only, there is no cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because this amendment is formatting only, there is no compliance cost for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses because this amendment is only adding the required statutory rulemaking authority.

Palmer DePaulis, Executive Director

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

Human Services
Substance Abuse and Mental Health, State Hospital
UTAH STATE HOSPITAL
PROVO, UT 84603-0270

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov
• 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 raywinger@utah.gov

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:

02/14/2012

This rule may become effective on:

02/21/2012

Authorized by:

Lana Stohl, Director

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-15-606.

(2) The purpose of this rule is to explain the allocation of beds for the Forensic Mental Health Facility at the Utah State Hospital.

 

R525-8-[1]2. Forensic Mental Health Facility.

(1) Pursuant to the requirements of [UCA] Section 62A-15-902(2)(c), the forensic mental health facility allocates beds to serve the following categories:

(a) prison inmates displaying mental illness, as defined in [UCA] Section 62A-15-602, necessitating treatment in a secure mental health facility;

(b) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation for mental illness under [UCA] Title 77, Chapter 16a;

(c) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation for mental illness under [UCA] Title 77, Chapter 16a, who are also mentally retarded;

(d) persons found by a court to be incompetent to proceed in accordance with [UCA] Title 77, Chapter 15, or not guilty by reason of insanity under [UCA] Title 77, Chapter 14; and

(e) persons who are civilly committed to the custody of a local mental health authority in accordance with [UCA] 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 [UCA] Title 77, Chapter 15; and

(b) persons committed to the state hospital as a condition of probation under [UCA] Subsection 77-18-1(13).

 

R525-8-[2]3. Bed Allocation.

Beds are allocated based on current psychiatric need and legal status. 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-[3]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: [June 15, 2007]2012

Notice of Continuation: April 26, 2011

Authorizing, and Implemented or Interpreted Law: 62A-15-902(2)(c); 62A-15-606