Utah Admin. Code R671-206-3 - Proceedings When Competence Is Questioned
If there is reason to believe that an offender is or may be incompetent, the Board may:
(1)
request a mental health evaluation from the Department or a private mental
health expert to assist in determining whether the offender is competent or is
likely to become competent while housed in the custody of the
Department;
(2) appoint one or more
contract psychologists to examine the offender and report in writing to the
Board, specifically addressing the issue of competency, as defined herein and
in UCA Subsection
77-27-7(5);
or
(3) request that the Board's
counsel from the Attorney General's office file a petition on behalf of the
Board with the district court for a competency hearing pursuant to UCA Section
77-15-3.
Notes
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