77-15-3. Petition for inquiry regarding defendant -- Filing -- Contents.
171 words·~1 min read·
/ut/title-77/chapter-15/77-15-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
77-15-3. Petition for inquiry regarding defendant -- Filing -- Contents.
(1)When a defendant charged with a public offense is incompetent to proceed, an individual described in Subsection (2)(b) may file a petition in the district court of the county where the charge is pending or where the defendant is confined.
(i)The petition shall contain a certificate that it is filed in good faith and on reasonable grounds to believe the defendant is incompetent to proceed.
(ii)The petition shall contain a recital of the facts, observations, and conversations with the defendant that have formed the basis for the petition.
(iii)If filed by defense counsel, the petition may not disclose information in violation of the attorney-client privilege.
(b)The petition may be based upon knowledge or information and belief and may be filed by the defendant, any person acting on behalf of the defendant, the prosecuting attorney, or any person having custody or supervision over the defendant.
Amended by Chapter 145 , 2024 General Session