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The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

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Rule R671-206. Competency of Offenders.

As in effect on August 1, 2009

Table of Contents

R671-206-1. General.

If 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 shall be stayed pending a decision by the Board. The Board 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 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

September 27, 2007

Notice of Continuation

July 25, 2007

Authorizing, Implemented, or Interpreted Law

77-15-3; 77-15-5; 77-27-2; 77-27-7

Rule converted into HTML by the Division of Administrative Rules.

For questions regarding the content or application of rules under Title R671, please contact the promulgating agency (Pardons (Board of), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.

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