Utah Admin. Code R671-207-5 - Retransfer of a Mentally Decompensating Offender from the State Hospital to a Correctional Facility
(1) Mentally
decompensating offenders who have previously been transferred to the State
Hospital shall be retransferred back to a correctional facility through
agreement between the Department and Health and Human Services.
(2) If the Department and Health and Human
Services cannot agree on a retransfer, the Board shall determine if the
mentally decompensating offender will be retransferred back to a correctional
facility.
(3) Health and Human
Services shall notify the Board, in writing, of the dispute.
(4) The Board shall hold an administrative
hearing on the matter. Before the hearing, the Department and Health and Human
Services shall provide any reports and recommendations to the Board. In making
this decision, the Board shall consider the factors in Subsection
62A-15-605.5(4).
The Board shall issue its decision within 30 days of the administrative
hearing.
(5) The Department shall
notify the Board when a mentally decompensating offender is transferred back to
a correctional facility.
(6) The
Board shall schedule any necessary hearing for the mentally decompensating
offender upon return to a correctional facility.
(7) The Department shall receive any
previously transferred mentally decompensating offender when the Board orders
the retransfer.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.