Utah Admin. Code R671-207-3 - Retransferring a Mentally Ill Offender from a Correctional Facility to the State Hospital and Stay of Board Hearings
(1) When a mentally ill offender, who has
previously been transferred from State Hospital to a correctional facility, and
who the Department has accepted, is later evaluated and it is determined that
the mentally ill offender's mental condition has decompensated or that the
mentally ill offender has become mentally unstable, that mentally ill offender
may be retransferred back to the State Hospital if the Department and Health
and Human Services agree to the retransfer.
(2) The Board shall stay any hearing for the
mentally ill offender until the mentally ill offender is transferred back to a
correctional facility, except for hearings regarding transfer back of the
mentally ill offender to a correctional facility.
(3) If Health and Human Services and the
Department do not agree to the retransfer of a mentally ill offender from a
correctional facility to the State Hospital, the Board shall determine whether
the mentally ill offender will be retransferred back to the State
Hospital.
(4) The Department shall
notify the Board, in writing, that the Department and Health and Human Services
do not agree on a mentally ill offender's retransfer to the State Hospital. The
Board shall conduct an administrative hearing on the matter. Both the
Department and Health and Human Services shall provide written reports and
recommendations to the Board before the administrative hearing. The Board may
take testimony at the hearing. In making its decision, the Board shall consider
the factors in Subsection
62A-15-605.5(2).
The Board shall issue its decision within 30 days of the administrative
hearing.
(5) Health and Human
Services shall receive any mentally ill offender in the Department's custody
when the Board orders the transfer.
(6) A mentally ill offender who has been
retransferred to the State Hospital pursuant to this rule may be transferred
back to a correctional facility in accordance with the Board's administrative
rules and Section
77-16a-204.
Notes
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