Utah Admin. Code R671-207-2 - Transferring a Mentally Ill Offender from the State Hospital to a Correctional Facility
(1) If Health and
Human Services and the Department agree that a correctional facility can
provide a mentally ill offender with adequate mental health treatment, that
mentally ill offender shall be transferred from the State Hospital to a
correctional facility in accordance with Subsections
77-16a-204(1) through (3).
(2) If Health and Human Services and the
Department do not agree on the transfer of a mentally ill offender from the
State Hospital to a correctional facility, Health and Human Services shall
notify the Board, in writing, of the dispute. Both the Department and Health
and Human Services shall provide written reports and recommendations to the
Board before an administrative hearing. The Board shall conduct an
administrative hearing and may take testimony at that hearing. The Board shall
issue its decision within 30 days of the administrative hearing.
(3) The Department shall notify the Board
when a mentally ill offender is transferred from the State Hospital to a
correctional facility.
(4) The
Board shall schedule any necessary hearing upon the mentally ill offender's
transfer to a correctional facility.
(5) The Department shall receive any mentally
ill offender when the Board orders the transfer.
Notes
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