Effective 5/14/2019 77-16a-301. Mental examination of defendant. (1) (a) When the court receives notice that a defendant intends to claim that the defendant is not guilty by reason of insanity or that the defendant had diminished mental capacity, or that the defendant intends to assert special mitigation under Subsection 76-5-205.5(2)(a), the court shall order the […]
77-16a-302. Persons found not guilty by reason of insanity — Disposition. (1) Upon a verdict of not guilty by reason of insanity, the court shall conduct a hearing within 10 days to determine whether the defendant currently has a mental illness. The defense counsel and prosecutors may request further evaluations and present testimony from those […]
77-16a-303. Court determinations. After entry of judgment of not guilty by reason of insanity, the court shall: (1) determine on the record the offense of which the person otherwise would have been convicted and the maximum sentence he could have received; and (2) make specific findings regarding whether there is a victim of the crime […]
77-16a-304. Review after commitment. (1) (a) The executive director, or the executive director’s designee, shall establish a review team of at least three qualified staff members to review the defendant’s mental condition at least every six months. (b) The team described in Subsection (1)(a) shall include: (i) at least one psychiatrist; and (ii) if the […]
77-16a-305. Conditional release. (1) If the review team finds that a defendant is not eligible for discharge, in accordance with Section 77-16a-304, but that his mental illness and dangerousness can be controlled with proper care, medication, supervision, and treatment if he is conditionally released, the review team shall prepare a report and notify the executive […]
77-16a-306. Continuing review — Discharge. (1) Each entity that provides treatment for a defendant committed to the department as not guilty by reason of insanity under this part shall review the status of each defendant at least once every six months. If the treatment provider finds that a defendant has recovered from the defendant’s mental […]
