Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R525. Human Services, Substance Abuse and Mental Health, State Hospital.

Rule R525-8. Forensic Mental Health Facility.

As in effect on October 1, 2019

Table of Contents

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 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 admits individuals in accordance with state statute as follows:

(a) 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 intellectually disabled;

(d) 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 Admissions.

People are identified for admission based on current psychiatric need, 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

July 7, 2016

Notice of Continuation

April 14, 2016

Authorizing, Implemented, or Interpreted Law

62A-15-105; 62A-15-605.5; 62A-15-902(2)(c); 77-16a-202; 77-16a-203; 77-16a-204; 77-18-1(13)


Additional Information

Contact

For questions regarding the content or application of rules under Title R525, please contact the promulgating agency (Human Services, Substance Abuse and Mental Health, State Hospital). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.