Bill Summary – FastDemocracy

Enrolled Copy                                                                         H.B. 385
                      MENTALLY ILL OFFENDERS AMENDMENTS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Nelson T. Abbott
                                Senate Sponsor: Todd D. Weiler
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 LONG TITLE
 General Description:
        This bill concerns offenders with a mental condition.
 Highlighted Provisions:
        This bill:
        < defines and modifies terms;
        < modifies when certain defendants are eligible for a criminal defense based on a
 mental condition;
        < modifies when certain defendants may receive probation, supervised release, or a
 reduction to a lower category of offense under specified circumstances;
        < changes "guilty with a mental illness" to "guilty with a mental condition";
        < amends eligibility, procedures, and requirements concerning a plea of guilty with a
 mental condition;
        < amends certain provisions concerning the sentencing and commitment of an
 offender with a mental condition; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides revisor instructions.
 Utah Code Sections Affected:
 AMENDS:
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       53-10-208.1, as last amended by Laws of Utah 2021, Chapter 159
       53-10-403.5, as last amended by Laws of Utah 2020, Chapter 415
       62A-15-610, as last amended by Laws of Utah 2011, Chapter 366
       62A-15-623, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
 Chapter 8
       62A-15-902, as last amended by Laws of Utah 2011, Chapter 366
       76-2-305, as last amended by Laws of Utah 2016, Chapter 115
       76-3-201, as repealed and reenacted by Laws of Utah 2021, Chapter 260 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 261
       76-3-406, as last amended by Laws of Utah 2022, Chapter 181
       76-5-205.5, as last amended by Laws of Utah 2022, Chapter 181
       76-5-303.5, as last amended by Laws of Utah 2022, Chapter 181
       76-10-1311, as last amended by Laws of Utah 2008, Chapter 382
       77-13-1, as last amended by Laws of Utah 2011, Chapter 366
       77-16a-101, as last amended by Laws of Utah 2011, Chapter 366
       77-16a-102, as last amended by Laws of Utah 2019, Chapter 312
       77-16a-104, as last amended by Laws of Utah 2011, Chapter 366
       77-16a-201, as last amended by Laws of Utah 2018, Chapter 334
       77-16a-202, as last amended by Laws of Utah 2011, Chapter 366
       77-16a-203, as last amended by Laws of Utah 2011, Chapter 366
       77-16a-204, as last amended by Laws of Utah 2011, Chapter 366
       77-16a-205, as last amended by Laws of Utah 2018, Chapter 334
       77-16a-301, as last amended by Laws of Utah 2019, Chapter 312
       77-16a-302, as last amended by Laws of Utah 2011, Chapter 366
       77-16a-304, as last amended by Laws of Utah 2011, Chapter 366
       77-16a-305, as last amended by Laws of Utah 1993, Chapter 285
       77-16a-306, as last amended by Laws of Utah 2011, Chapter 366
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        77-27-2, as last amended by Laws of Utah 2021, Chapter 260
        77-27-5.3, as last amended by Laws of Utah 2011, Chapter 366
        77-27-10.5, as last amended by Laws of Utah 2011, Chapter 366
        77-36-1.1, as last amended by Laws of Utah 2021, Chapter 213
        77-38-302, as last amended by Laws of Utah 2020, Chapter 230
        77-38b-102, as last amended by Laws of Utah 2022, Chapter 359
        78A-2-302, as last amended by Laws of Utah 2022, Chapter 272
        78B-7-901, as enacted by Laws of Utah 2020, Chapter 142
        80-2-1004, as renumbered and amended by Laws of Utah 2022, Chapter 334
 REPEALS AND REENACTS:
        77-16a-103, as last amended by Laws of Utah 2011, Chapter 366
67
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-10-208.1 is amended to read:
        53-10-208.1. Magistrates and court clerks to supply information.
        (1) Every magistrate or clerk of a court responsible for court records in this state shall,
 within 30 days of the disposition and on forms and in the manner provided by the division,
 furnish the division with information pertaining to:
        (a) all dispositions of criminal matters, including:
        (i) guilty pleas;
        (ii) convictions;
        (iii) dismissals;
        (iv) acquittals;
        (v) pleas held in abeyance;
        (vi) judgments of not guilty by reason of insanity;
        (vii) judgments of guilty with a mental [illness] condition;
        (viii) finding of mental incompetence to stand trial; and
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        (ix) probations granted;
        (b) orders of civil commitment under the terms of Section 62A-15-631;
        (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
 commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
 within one day of the action and in a manner provided by the division; and
        (d) protective orders issued after notice and hearing, pursuant to:
        (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
        (ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
        (iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
        (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
        (v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
        (2) The court in the county where a determination or finding was made shall transmit a
 record of the determination or finding to the bureau no later than 48 hours after the
 determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
        (a) adjudicated as a mental defective; or
        (b) involuntarily committed to a mental institution in accordance with Subsection
 62A-15-631(16).
        (3) The record described in Subsection (2) shall include:
        (a) an agency record identifier;
        (b) the individual's name, sex, race, and date of birth; and
        (c) the individual's social security number, government issued driver license or
 identification number, alien registration number, government passport number, state
 identification number, or FBI number.
        Section 2. Section 53-10-403.5 is amended to read:
        53-10-403.5. Definitions.
        As used in Sections 53-10-403, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406:
        (1) "Bureau" means the Bureau of Forensic Services.
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        Enrolled Copy                                                                           H.B. 385
         (2) "Combined DNA Index System" or "CODIS" means the program operated by the
 Federal Bureau of Investigation to support criminal justice DNA databases and the software
 used to run the databases.
         (3) "Conviction" means:
         (a) a verdict or conviction;
         (b) a plea of guilty or guilty [and mentally ill] with a mental condition;
         (c) a plea of no contest; or
         (d) the acceptance by the court of a plea in abeyance.
         (4) "DNA" means deoxyribonucleic acid.
         (5) "DNA specimen" or "specimen" means a biological sample of a person's saliva or
 blood, a biological sample from a crime scene, or a sample collected as part of an investigation.
         (6) "Final judgment" means a judgment, including any supporting opinion, concerning
 which all appellate remedies have been exhausted or the time for appeal has expired.
         (7) "Rapid DNA" means the fully automated process of developing a DNA profile.
         (8) "Violent felony" means any offense under Section 76-3-203.5.
         Section 3. Section 62A-15-610 is amended to read:
         62A-15-610. Objectives of state hospital and other facilities -- Persons who may
 be admitted to state hospital.
         (1) The objectives of the state hospital and other mental health facilities shall be to care
 for all persons within this state who are subject to the provisions of this chapter; and to furnish
 them with the proper attendance, medical treatment, seclusion, rest, restraint, amusement,
 occupation, and support that is conducive to their physical and mental well-being.
         (2) Only the following persons may be admitted to the state hospital:
         (a) persons 18 years [of age] old and older who meet the criteria necessary for
 commitment under this part and who have severe mental disorders for whom no appropriate,
 less restrictive treatment alternative is available;
         (b) persons under 18 years [of age] old who meet the criteria necessary for commitment
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 under Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
 Mental Health, and for whom no less restrictive alternative is available;
        (c) persons adjudicated and found to be guilty with a mental [illness under Title 77,
 Chapter 16a, Commitment and Treatment of Persons with a Mental Illness] condition under
 Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition;
        (d) persons adjudicated and found to be not guilty by reason of insanity who are under
 a subsequent commitment order because they have a mental illness and are a danger to
 themselves or others, under Section 77-16a-302;
        (e) persons found incompetent to proceed under Section 77-15-6;
        (f) persons who require an examination under Title 77, Utah Code of Criminal
 Procedure; and
        (g) persons in the custody of the Department of Corrections, admitted in accordance
 with Section 62A-15-605.5, giving priority to those persons with severe mental disorders.
        Section 4. Section 62A-15-623 is amended to read:
        62A-15-623. Criminal's escape -- Penalty.
        Any person committed to the state hospital under the provisions of Title 77, Chapter 15,
 Inquiry into Sanity of Defendant, or [Chapter 16a, Commitment and Treatment of Persons with
 a Mental Illness] Chapter 16a, Commitment and Treatment of Individuals with a Mental
 Condition, who escapes or leaves the state hospital without proper legal authority is guilty of a
 class A misdemeanor.
        Section 5. Section 62A-15-902 is amended to read:
        62A-15-902. Design and operation -- Security.
        (1) The forensic mental health facility is a secure treatment facility.
        (2) (a) The forensic mental health facility accommodates the following populations:
        (i) prison inmates displaying mental illness, as defined in Section 62A-15-602,
 necessitating treatment in a secure mental health facility;
        (ii) criminally adjudicated persons found guilty with a mental [illness] condition or
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        Enrolled Copy                                                                              H.B. 385
 guilty with a mental [illness] condition at the time of the offense undergoing evaluation for a
 mental [illness under Title 77, Chapter 16a, Commitment and Treatment of Persons with a
 Mental Illness] condition under Title 77, Chapter 16a, Commitment and Treatment of
 Individuals with a Mental Condition;
         (iii) criminally adjudicated persons undergoing evaluation for competency or found
 guilty with a mental [illness] condition or guilty with a mental [illness] condition at the time of
 the offense under [Title 77, Chapter 16a, Commitment and Treatment of Persons with a Mental
 Illness] Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental
 Condition, who also have an intellectual disability;
         (iv) persons undergoing evaluation for competency or found by a court to be
 incompetent to proceed in accordance with Title 77, Chapter 15, Inquiry into Sanity of
 Defendant, or not guilty by reason of insanity under Title 77, Chapter 14, Defenses;
         (v) persons who are civilly committed to the custody of a local mental health authority
 in accordance with Title 62A, Chapter 15, Part 6, Utah State Hospital and Other Mental Health
 Facilities, and who may not be properly supervised by the Utah State Hospital because of a lack
 of necessary security, as determined by the superintendent or the superintendent's designee; and
         (vi) persons ordered to commit themselves to the custody of the Division of Substance
 Abuse and Mental Health for treatment at the Utah State Hospital as a condition of probation or
 stay of sentence pursuant to Title 77, Chapter 18, The Judgment.
         (b) Placement of an offender in the forensic mental health facility under any category
 described in Subsection (2)(a)(ii), (iii), (iv), or (vi) shall be made on the basis of the offender's
 status as established by the court at the time of adjudication.
         (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 department shall make rules providing for the allocation of beds to the categories described in
 Subsection (2)(a).
         (3) The department shall:
         (a) own and operate the forensic mental health facility;
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        (b) provide and supervise administrative and clinical staff; and
        (c) provide security staff who are trained as psychiatric technicians.
        (4) Pursuant to Subsection 62A-15-603(3) the executive director shall designate
 individuals to perform security functions for the state hospital.
        Section 6. Section 76-2-305 is amended to read:
        76-2-305. Mental condition -- Use as a defense -- Influence of alcohol or other
 substance voluntarily consumed.
        (1) As used in this section:
        (a) (i) "Mental condition" means a mental illness or a mental disability that
 substantially impairs an individual's mental, emotional, or behavioral functioning.
        (ii) "Mental condition" does not include a mental abnormality that is manifested solely
 by repeated criminal conduct, anti-social behavior, or a substance use disorder.
        (b) "Mental disability" means an intellectual disability or a neurodevelopmental
 disorder as those terms are defined in the current edition of the Diagnostic and Statistical
 Manual of Mental Disorders published by the American Psychiatric Association.
        (c) "Mental illness" means the following mental disorders as described in the most
 recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the
 American Psychiatric Association:
        (i) schizophrenia spectrum and other psychotic disorders; or
        (ii) other serious mental health conditions with psychotic features.
        [(1)] (2) (a) It is a defense to a prosecution under any statute or ordinance that the
 defendant, as a result of a mental [illness] condition, lacked the mental state required as an
 element of the offense charged.
        (b) [Mental illness] A mental condition is not otherwise a defense, but may be evidence
 in mitigation of the penalty in a capital felony under Section 76-3-207 and may be evidence of
 special mitigation reducing the level of a criminal homicide or attempted criminal homicide
 offense under Section 76-5-205.5.
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        Enrolled Copy                                                                            H.B. 385
         [(2)] (3) The defense defined in this section includes the defenses known as "insanity"
 and "diminished mental capacity."
         [(3)] (4) A person who asserts a defense of insanity or diminished mental capacity, and
 who is under the influence of voluntarily consumed, injected, or ingested alcohol, controlled
 substances, or volatile substances at the time of the alleged offense is not excused from
 criminal responsibility on the basis of a mental [illness] condition if the alcohol or substance
 caused, triggered, or substantially contributed to the mental [illness] condition.
         [(4) As used in this section:]
         [(a) "Intellectual disability" means a significant subaverage general intellectual
 functioning, existing concurrently with deficits in adaptive behavior, and manifested prior to
 age 22.]
         [(b) (i) "Mental illness" means a mental disease or defect that substantially impairs a
 person's mental, emotional, or behavioral functioning. A mental defect may be a congenital
 condition, the result of injury, or a residual effect of a physical or mental disease and includes,
 but is not limited to, int