This bill addresses the commitment of individuals in relation to civil, criminal, and juvenile proceedings.
This bill:
- defines terms;
- amends the definitions of "intellectual disability" and "intermediate care facility for people with an intellectual disability" as used in the Utah Code;
- amends provisions relating to the rights and privileges to which an individual is entitled when under commitment to the custody or to the treatment services of a local mental health authority;
- provides that if a right of a patient of a local mental health authority is limited or denied, including for the welfare of the patient or caretakers, the nature, extent, and reason for that limitation or denial shall be entered in the patient's treatment record;
- requires a designated examiner to conduct an examination of a proposed patient by telehealth except in certain circumstances;
- requires a court to hold a hearing on an application for involuntary commitment remotely unless the court finds good cause not to hold the hearing remotely;
- amends standards and processes related to the involuntary civil commitment of an individual with an intellectual disability or related condition;
- provides that a court may only order the Department of Health and Human Services (department) to provide an initial evaluation and progress toward competency evaluation for a defendant if the defendant is located within the state;
- requires a court to dismiss a petition for involuntary civil commitment if both designated examiners determine that the proposed patient does not meet the criteria for involuntary commitment;
- provides that when there is a conflict in the opinions of forensic evaluators, if a party seeks an additional competency evaluation then the party is responsible for selecting the evaluator and paying the cost of the evaluator;
- amends provisions regarding the release of a defendant determined to be incompetent to proceed from a secured setting; and
- makes technical and conforming changes.

Statutes affected:
Introduced: 26B-5-332
Substitute #1: 26B-2-121, 26B-2-122, 26B-5-301, 26B-5-310, 26B-5-322, 26B-5-332, 26B-5-362, 26B-5-371, 26B-6-401, 26B-6-606, 26B-6-607, 26B-6-608, 26B-6-613, 68-3-12.5, 77-15-2, 77-15-5, 77-15-6, 77-19-203, 77-29-3, 80-6-403
Substitute #2: 26B-2-121, 26B-2-122, 26B-5-301, 26B-5-310, 26B-5-322, 26B-5-332, 26B-5-362, 26B-5-371, 26B-6-401, 26B-6-606, 26B-6-607, 26B-6-608, 26B-6-613, 68-3-12.5, 77-15-2, 77-15-5, 77-15-6, 77-19-203, 77-29-3