DAR File No. 29802

Human Services, Substance Abuse and Mental Health, State Hospital

R525-8

Forensic Mental Health Facility

NOTICE OF PROPOSED RULE

DAR File No.: 29802
Filed: 04/09/2007, 08:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the review of this rule, it was determined that a code citation needed to be corrected and an amendment needed to be made in the allocation of forensic beds to clarify and update procedure to match current practice.

Summary of the rule or change:

Subsection 77-18-1(14) has been changed to Subsection 77-18-1(13). Psychiatric need and legal status have been added to clarify the basis for bed allocation. Priorities set by the Mental Health and Corrections Advisory Council have been removed because that body's responsibilities are already stated in law at Subsection 62A-15-605(3).

State statutory or constitutional authorization for this rule:

Subsection 62A-15-902(2)(c)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget based on this amendment. Allocation of beds is based on the needs stated in this rule change and space is only made available when a person leaves the hospital, so no additional openings in bed space are made available because of this amendment.

local governments:

There are no anticipated costs or savings to local government budgets based on this amendment. Allocation of beds is based on the needs stated in this rule change and space is only made available when a person leaves the hospital, so no additional openings in bed space are made available because of this amendment.

other persons:

There are no anticipated costs or savings to other persons because they neither allocate beds on the forensic unit nor do they house individuals that are waiting to be placed in the forensic unit for evaluation.

Compliance costs for affected persons:

This rule change merely defines priority of placement criterion for the forensic unit beds, and does not generate additional costs such as work or needed equipment to maintain compliance requirements.

Comments by the department head on the fiscal impact the rule may have on businesses:

After careful review, the Department of Human Services has determined that this rule will have no financial impact on businesses in the State of Utah. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Substance Abuse and Mental Health, State Hospital
UTAH STATE HOSPITAL
PROVO UT 84603-0270

Direct questions regarding this rule to:

Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2007

This rule may become effective on:

06/08/2007

Authorized by:

Mark I Payne, Director

R525. Human Services, Substance Abuse and Mental Health, State Hospital.

R525-8. Forensic Mental Health Facility.

R525-8-1. Forensic Mental Health Facility.

(1) Pursuant to the requirements of UCA Section 62A-15-902(2)(c), the forensic mental health facility allocates beds to serve the following categories:

(a) prison inmates displaying mental illness, as defined in UCA Section 62A-15-602, necessitating treatment in a secure mental health facility;

(b) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation for mental illness under UCA Title 77, Chapter 16a;

(c) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation for mental illness under UCA Title 77, Chapter 16a, who are also mentally retarded;

(d) persons found by a court to be incompetent to proceed in accordance with UCA Title 77, Chapter 15, or not guilty by reason of insanity under UCA Title 77, Chapter 14; and

(e) persons who are civilly committed to the custody of a local mental health authority in accordance with UCA Title 62A, Chapter 15, Part 6, 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 his designee.

(2) Additionally, the beds serve the following categories:

(a) persons undergoing an evaluation to determine competency to proceed under UCA Title 77, Chapter 15; and

(b) persons committed to the state hospital as a condition of probation under UCA Subsection 77-18-1([14]13).

 

R525-8-2. Bed Allocation.

Beds [shall be]are allocated based on current psychiatric need and legal status[priorities as determined by the Mental Health and Corrections Advisory Council established pursuant to UCA Section 62A-15-605]. Highest priority shall be given to those cases which are specifically required to be admitted to the Utah State Hospital by Utah law.

 

R525-8-3. No Admission Because of Capacity.

When capacity in the forensic mental health facility has been met, the hospital shall not admit any persons to the forensic mental health facility until a bed becomes available. In such an event the hospital will work cooperatively with the court to find a resolution.

 

KEY: forensic, mental health, facilit[y]ies

Date of Enactment or Last Substantive Amendment: [June 4, 2001]2007

Notice of Continuation: May 16, 2006

Authorizing, and Implemented or Interpreted Law: 62A-15-902(2)(c)