Utah HB 441: Civil Commitment and Competency Amendments

Bill Text

H
.B
. 441
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: E.A. Evans 6
6 02-26-21 2:58 PM 6
H.B. 441
1 CIVIL COMMITMENT AND COMPETENCY AMENDMENTS
2 2021 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul Ray
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to involuntary civil commitment and competency
10 to stand trial.
11 Highlighted Provisions:
12 This bill:
13 < creates, modifies, and repeals definitions;
14 < adds members to the Forensic Mental Health Coordinating Council;
15 < modifies provisions relating to compensation of members of the Forensic Mental
16 Health Coordinating Council;
17 < prohibits a health insurance provider from denying benefits solely because services
18 are provided under a civil commitment order;
19 < modifies procedures and requirements for involuntary civil commitment of an
20 individual, including provisions related to:
21 C a local mental health authority's duty to ensure supportive services are provided
22 to an individual released from civil commitment;
23 C notice of expiration of a court order for civil commitment;
24 C the qualifications of an individual who may evaluate an individual for civil
25 commitment;
26 C access to medical and mental health records in a civil commitment proceeding;
27 C periodic review of an individual's civil commitment;
*HB0441*

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28 C the circumstances under which certain individuals who are committed after or
29 during a criminal proceeding may be discharged or released from commitment;
30 C the safety assessment that must be completed before certain individuals may be
31 released from civil commitment;
32 < clarifies that a court may order assisted outpatient treatment of an individual who
33 does not meet the conditions for civil commitment;
34 < modifies the circumstances under which certain records and reports relating to an
35 order for civil commitment or assisted outpatient treatment may be disclosed;
36 < modifies procedures and requirements for finding a defendant incompetent to stand
37 trial in a criminal proceeding, including provisions related to:
38 C the contents of a petition to determine competency;
39 C the court in which a petition to determine competency may be filed;
40 C the information and circumstances on which the forensic evaluation of a
41 defendant may be based;
42 C the number of forensic evaluators that may evaluate a defendant;
43 C the court's findings regarding a defendant's competency; and
44 C commitment of an incompetent defendant for restoration treatment; and
45 < makes technical changes.
46 Money Appropriated in this Bill:
47 None
48 Other Special Clauses:
49 None
50 Utah Code Sections Affected:
51 AMENDS:
52 17-43-301, as last amended by Laws of Utah 2020, Chapter 303
53 31A-22-651, as enacted by Laws of Utah 2019, Chapter 256
54 53-10-208.1, as last amended by Laws of Utah 2020, Chapter 142
55 62A-15-602, as last amended by Laws of Utah 2019, Chapters 189 and 256
56 62A-15-605, as last amended by Laws of Utah 2020, Chapter 304
57 62A-15-626, as last amended by Laws of Utah 2019, Chapter 419
58 62A-15-631, as last amended by Laws of Utah 2019, Chapters 256 and 419

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59 62A-15-632, as last amended by Laws of Utah 2019, Chapter 419
60 62A-15-636, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
61 Chapter 8
62 62A-15-637, as last amended by Laws of Utah 2019, Chapter 419
63 62A-15-643, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
64 Chapter 8
65 77-15-2, as last amended by Laws of Utah 2018, Chapter 147
66 77-15-3, as last amended by Laws of Utah 2018, Chapter 147
67 77-15-3.5, as enacted by Laws of Utah 2018, Chapter 147
68 77-15-4, as last amended by Laws of Utah 2018, Chapter 147
69 77-15-5, as last amended by Laws of Utah 2018, Chapter 147
70 77-15-6, as last amended by Laws of Utah 2018, Chapter 147
71
72 Be it enacted by the Legislature of the state of Utah:
73 Section 1. Section 17-43-301 is amended to read:
74 17-43-301. Local mental health authorities -- Responsibilities.
75 (1) As used in this section:
76 (a) "Assisted outpatient treatment" means the same as that term is defined in Section
77 62A-15-602.
78 (b) "Crisis worker" means the same as that term is defined in Section 62A-15-1301.
79 (c) "Local mental health crisis line" means the same as that term is defined in Section
80 62A-15-1301.
81 (d) "Mental health therapist" means the same as that term is defined in Section
82 58-60-102.
83 (e) "Public funds" means the same as that term is defined in Section 17-43-303.
84 (f) "Statewide mental health crisis line" means the same as that term is defined in
85 Section 62A-15-1301.
86 (2) (a) (i) In each county operating under a county executive-council form of
87 government under Section 17-52a-203, the county legislative body is the local mental health
88 authority, provided however that any contract for plan services s