DAR File No. 40314

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 Services
Substance 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 jhjonesrobbins@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:

05/31/2016

This rule may become effective on:

06/07/2016

Authorized by:

Doug Thomas, 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-15-105.

(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)