UtahUtah


 

 


Competency/ Insanity

Competency

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Insanity

There must be an examination to determine applicability of insanity defense or diminished capacity defense. Utah Code § 77-16A-301.

Procedure for commitment following NGRI plea or verdict. Utah Code §§ 77-16A-301 through 77-16A-306.

A person with an intellectual disability who has been convicted of a felony may not be admitted to an intermediate care facility for people with an intellectual disability unless it is determined by the division that the person may benefit from treatment in that facility. Utah Code § 62A-5-304.

Special Rules

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Sentencing

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Death Penalty

Competency to be executed: When a court has good reason to believe an inmate sentenced to death is incompetent to be executed, it shall stay the execution and shall order the Department of Human Services to examine the inmate and report to the court concerning the inmate's mental condition; procedure for competency evaluation and hearing.  Utah Code § 77-19-203.

Post-Conviction

Parole: a competency review can be completed at the request of the parole board. Utah Code § 77-27-7.