DAR File No. 30271

Pardons (Board Of), Administration

R671-206

Competency of Offenders

NOTICE OF PROPOSED RULE

DAR File No.: 30271
Filed: 07/31/2007, 08:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change updates the process for requesting mental health evaluations and petitioning for a competency hearings.

Summary of the rule or change:

This amendment updates processes for requesting mental health evaluations and filing petitions for competency hearings.

State statutory or constitutional authorization for this rule:

Sections 77-15-3, 77-15-5, 77-27-2, and 27-7-7

Anticipated cost or savings to:

the state budget:

None--The amendment does not impact the mental health evaluation process in a way that introduces fees or costs to the state.

local governments:

None--The amendment does not impact the mental health evaluation process in a way that introduces fees or costs to local government.

small businesses and persons other than businesses:

None--The amendment does not impact the mental health evaluation process in a way that introduces fees or costs to small businesses.

Compliance costs for affected persons:

There are no costs to public, victims, offenders, or other state agencies to comply with this amendment.

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

It has been determined that there is no fiscal impact on business associated with this amendment. Curtis Garner, Chairman

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

Pardons (Board Of)
Administration
448 E 6400 S
SALT LAKE CITY UT 84107-8530

Direct questions regarding this rule to:

Nannette Johnson at the above address, by phone at 801-261-6485, by FAX at 801-261-6481, or by Internet E-mail at njohnson@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:

09/14/2007

This rule may become effective on:

09/21/2007

Authorized by:

Curtis L Garner, Chairman

R671. Pardons (Board of), Administration.

R671-206. Competency of Offenders.

R671-206-1. General.

If [a board member or staff]the hearing official presiding at a hearing has reason to believe that an offender may be mentally incompetent as defined in UCA 77-15-2, all proceedings [will]shall be stayed pending a decision by the Board. The Board [shall]may request a mental health evaluation from the Department of Corrections or from a private mental health expert to assist in determining whether the offender is competent, or is likely to become competent while housed in the custody of the Department of Corrections.

If there is reason to believe that the inmate or parolee is incompetent, the Board may request the [Attorney General]Department of Corrections file a petition with the district court for a competency hearing pursuant to UCA 77-15-3(b).

If the district court determines the offender is mentally competent, the Board shall proceed with scheduled hearings or other actions.

 

KEY: criminal competency

Date of Enactment or Last Substantive Amendment: [November 21, 2002]2007

Notice of Continuation: September 25, 2002

Authorizing, and Implemented or Interpreted Law: 77-15-3; 77-15-5; 77-27-2; 77-27-7