LEGISLATIVE GENERAL COUNSEL S.B. 157
6 Approved for Filing: A. Houston 6
6 01-26-24 9:46 AM 6
1 CIVIL COMMITMENT HEARINGS AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael K. McKell
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the procedures related to involuntary commitment.
10 Highlighted Provisions:
11 This bill:
12 < changes the timeframe for when the court must consider civil commitment
13 proceedings from 10 days to five days.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 26B-5-332, as renumbered and amended by Laws of Utah 2023, Chapter 308
21 26B-6-608, as renumbered and amended by Laws of Utah 2023, Chapter 308
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 26B-5-332 is amended to read:
25 26B-5-332. Involuntary commitment under court order -- Examination --
S.B. 157
26 Hearing -- Power of court -- Findings required -- Costs.
27 (1) A responsible individual who has credible knowledge of an adult's mental illness
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28 and the condition or circumstances that have led to the adult's need to be involuntarily
29 committed may initiate an involuntary commitment court proceeding by filing, in the court in
30 the county where the proposed patient resides or is found, a written application that includes:
31 (a) unless the court finds that the information is not reasonably available, the proposed
32 patient's:
33 (i) name;
34 (ii) date of birth; and
35 (iii) social security number;
36 (b) (i) a certificate of a licensed physician or a designated examiner stating that within
37 the seven-day period immediately preceding the certification, the physician or designated
38 examiner examined the proposed patient and is of the opinion that the proposed patient has a
39 mental illness and should be involuntarily committed; or
40 (ii) a written statement by the applicant that:
41 (A) the proposed patient has been requested to, but has refused to, submit to an
42 examination of mental condition by a licensed physician or designated examiner;
43 (B) is sworn to under oath; and
44 (C) states the facts upon which the application is based; and
45 (c) a statement whether the proposed patient has previously been under an assisted
46 outpatient treatment order, if known by the applicant.
47 (2) Before issuing a judicial order, the court:
48 (a) shall require the applicant to consult with the appropriate local mental health
49 authority at or before the hearing; and
50 (b) may direct a mental health professional from the local mental health authority to
51 interview the applicant and the proposed patient to determine the existing facts and report the
52 existing facts to the court.
53 (3) The court may issue an order, directed to a mental health officer or peace officer, to
54 immediately place a proposed patient in the custody of a local mental health authority or in a
55 temporary emergency facility, as described in Section 26B-5-334, to be detained for the
56 purpose of examination if:
57 (a) the court finds from the application, any other statements under oath, or any reports
58 from a mental health professional that there is a reasonable basis to believe that the proposed
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59 patient has a mental illness that poses a danger to self or others and requires involuntary
60 commitment pending examination and hearing; or
61 (b) the proposed patient refuses to submit to an interview with a mental health
62 professional as directed by the court or to go to a treatment facility voluntarily.
63 (4) (a) The court shall provide notice of commencement of proceedings for involuntary
64 commitment, setting forth the allegations of the application and any reported facts, together
65 with a copy of any official order of detention, to a proposed patient before, or upon, placement
66 of the proposed patient in the custody of a local mental health authority or, with respect to any
67 proposed patient presently in the custody of a local mental health authority whose status is
68 being changed from voluntary to involuntary, upon the filing of an application for that purpose
69 with the court.
70 (b) The place of detention shall maintain a copy of the order of detention.
71 (5) (a) The court shall provide notice of commencement of proceedings for involuntary
72 commitment as soon as practicable to the applicant, any legal guardian, any immediate adult
73 family members, legal counsel for the parties involved, the local mental health authority or the
74 local mental health authority's designee, and any other persons whom the proposed patient or
75 the court designates.
76 (b) Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall
77 advise the persons that a hearing may be held within the time provided by law.
78 (c) If the proposed patient refuses to permit release of information necessary for
79 provisions of notice under this subsection, the court shall determine the extent of notice.
80 (6) Proceedings for commitment of an individual under 18 years old to a local mental
81 health authority may be commenced in accordance with Part 4, Commitment of Persons Under
82 Age 18.
83 (7) (a) The court may, in the court's discretion, transfer the case to any other district
84 court within this state, if the transfer will not be adverse to the interest of the proposed patient.
85 (b) If a case is transferred under Subsection (7)(a), the parties to the case may be
86 transferred and the local mental health authority may be substituted in accordance with Utah
87 Rules of Civil Procedure, Rule 25.
88 (8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
89 of a judicial order, or after commitment of a proposed patient to a local mental health authority
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90 or the local mental health authority's designee under court order for detention or examination,
91 the court shall appoint two designated examiners:
92 (a) who did not sign the civil commitment application nor the civil commitment
93 certification under Subsection (1);
94 (b) one of whom is a licensed physician; and
95 (c) one of whom may be designated by the proposed patient or the proposed patient's
96 counsel, if that designated examiner is reasonably available.
97 (9) The court shall schedule a hearing to be held within [10] five calendar days after
98 the day on which the designated examiners are appointed.
99 (10) (a) The designated examiners shall:
100 (i) conduct the examinations separately;
101 (ii) conduct the examinations at the home of the proposed patient, at a hospital or other
102 medical facility, or at any other suitable place, including through telehealth, that is not likely to
103 have a harmful effect on the proposed patient's health;
104 (iii) inform the proposed patient, if not represented by an attorney:
105 (A) that the proposed patient does not have to say anything;
106 (B) of the nature and reasons for the examination;
107 (C) that the examination was ordered by the court;
108 (D) that any information volunteered could form part of the basis for the proposed
109 patient's involuntary commitment;
110 (E) that findings resulting from the examination will be made available to the court;
111 and
112 (F) that the designated examiner may, under court order, obtain the proposed patient's
113 mental health records; and
114 (iv) within 24 hours of examining the proposed patient, report to the court, orally or in
115 writing, whether the proposed patient is mentally ill, has agreed to voluntary commitment, as
116 described in Section 26B-5-360, or has acceptable programs available to the proposed patient
117 without court proceedings.
118 (b) If a designated examiner reports orally under Subsection (10)(a), the designated
119 examiner shall immediately send a written report to the clerk of the court.
120 (11) If a designated examiner is unable to complete an examination on the first attempt
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121 because the proposed patient refuses to submit to the examination, the court shall fix a
122 reasonable compensation to be paid to the examiner.
123 (12) If the local mental health authority, the local mental health authority's designee, or
124 a medical examiner determines before the court hearing that the conditions justifying the
125 findings leading to a commitment hearing no longer exist, the local mental health authority, the
126 local mental health authority's designee, or the medical examiner shall immediately report the
127 determination to the court.
128 (13) The court may terminate the proceedings and dismiss the application at any time,
129 including before the hearing, if the designated examiners or the local mental health authority or
130 the local mental health authority's designee informs the court that the proposed patient:
131 (a) does not meet the criteria in Subsection (16);
132 (b) has agreed to voluntary commitment, as described in Section 26B-5-360;
133 (c) has acceptable options for treatment programs that are available without court
134 proceedings; or
135 (d) meets the criteria for assisted outpatient treatment described in Section 26B-5-351.
136 (14) (a) Before the hearing, the court shall provide the proposed patient an opportunity
137 to be represented by counsel, and if neither the proposed patient nor others provide counsel, the
138 court shall appoint counsel and allow counsel sufficient time to consult with the proposed
139 patient before the hearing.
140 (b) In the case of an indigent proposed patient, the county in which the proposed
141 patient resides or is found shall make payment of reasonable attorney fees for counsel, as
142 determined by the court.
143 (15) (a) (i) The court shall afford the proposed patient, the applicant, and any other
144 person to whom notice is required to be given an opportunity to appear at the hearing, to
145 testify, and to present and cross-examine witnesses.
146 (ii) The court may, in the court's discretion, receive the testimony of any other person.
147 (iii) The court may allow a waiver of the proposed patient's right to appear for good
148 cause, which cause shall be set forth in the record, or an informed waiver by the patient, which
149 shall be included in the record.
150 (b) The court is authorized to exclude any person not necessary for the conduct of the
151 proceedings and may, upon motion of counsel, require the testimony of each designated
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152 examiner to be given out of the presence of any other designated examiners.
153 (c) The court shall conduct the hearing in as informal a manner as may be consistent
154 with orderly procedure, and in a physical setting that is not likely to have a harmful effect on
155 the mental health of the proposed patient, while preserving the due process rights of the
156 proposed patient.
157 (d) The court shall consider any relevant historical and material information that is
158 offered, subject to the rules of evidence, including reliable hearsay under Utah Rules of
159 Evidence, Rule 1102.
160 (e) (i) A local mental health authority or the local mental health authority's designee or
161 the physician in charge of the proposed patient's care shall, at the time of the hearing, provide
162 the court with the following information:
163 (A) the detention order;
164 (B) admission notes;
165 (C) the diagnosis;
166 (D) any doctors' orders;
167 (E) progress notes;
168 (F) nursing notes;
169 (G) medication records pertaining to the current commitment; and
170 (H) whether the proposed patient has previously been civilly committed or under an
171 order for assisted outpatient treatment.
172 (ii) The information described in Subsection (15)(e)(i) shall also be supplied to the
173 proposed patient's counsel at the time of the hearing, and at any time prior to the hearing upon
174 request.
175 (16) (a) The court shall order commitment of an adult proposed patient to a local
176 mental health authority if, upon completion of the hearing and consideration of the information
177 presented, the court finds by clear and convincing evidence that:
178 (i) the proposed patient has a mental illness;
179 (ii) because of the proposed patient's mental illness the proposed patient poses a
180 substantial danger to self or others;
181 (iii) the proposed patient lacks the ability to engage in a rational decision-making
182 process regarding the acceptance of mental treatment as demonstrated by evidence of inability
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183 to weigh the possible risks of accepting or rejecting treatment;
184 (iv) there is no appropriate less-restrictive alternative to a court order of commitment;
185 and
186 (v) the local mental health authority can provide the proposed patient with treatment
187 that is adequate and appropriate to the proposed patient's conditions and needs.
188 (b) (i) If, at the hearing, the court determines that the proposed patient has a mental
189 illness but does not meet the other criteria described in Subsection (16)(a), the court may
190 consider whether the proposed patient meets the criteria for assisted outpatient treatment under
191 Section 26B-5-351.
192 (ii) The court may order the proposed patient to receive assisted outpatient treatment in
193 accordance with Section 26B-5-351 if, at the hearing, the court finds the proposed patient
194 meets the criteria for assisted outpatient treatment under Section 26B-5-351.
195 (iii) If the court determines that neither the criteria for commitment under Subsection
196 (16)(a) nor the criteria for assisted outpatient treatment under Section 26B-5-351 are met, the
197 court shall dismiss the proceedings after the hearing.
198 (17) (a) (i) The order of commitment shall designate the period for which the patient
199 shall be treated.
200 (ii) If the patient is not under an order of commitment at the time of the hearing, the
201 patient's treatment period may not exceed six months without a review hearing.
202 (iii) Upon a review hearing, to be commenced before the expiration of the previous
203 order of commitment, an order for commitment may be for an indeterminate period, if the court
204 finds by clear and convincing evidence that the criteria described in Subsection (16) will last
205 for an indeterminate period.
206 (b) (i) The court shall maintain a current list of all patients under the court's order of
207 commitment and review the list to determine those patients who have been under an order of
208 commitment for the court designated period.
209 (ii) At least two weeks before the expiration of the designated period of any order of
210 commitment still in effect, the court that entered the original order of commitment shall inform
211 the appropriate local mental health authority or the local mental health authority's designee of
212 the expiration.
213 (iii) Upon receipt of the information described in Subsection (17)(b)(ii), the local
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214 mental health authority or the local mental health authority's designee shall immediately
215 reexamine the reasons upon which the order of commitment was based.
216 (iv) If, after reexamination under Subsection (17)(b)(iii), the local mental health
217 authority or the local mental health authority's designee determines that the conditions
218 justifying commitment no longer exist, the local mental health authority or the local mental
219 health authority's designee shall discharge the patient from involuntary commitment and
220 immediately report the discharge to the court.
221 (v) If, after reexamination under Subsection (17)(b)(iii), the local mental health
222 authority or the local mental health authority's designee determines that the conditions
223 justifying commitment continue to exist, the court shall immediately appoint two designated
224 examiners and proceed under Subsections (8) through (14).
225 (c) (i) The local mental health authority or the local mental health authority's designee
226 responsible for the care of a patient