77-16a-302. Persons found not guilty by reason of insanity -- Disposition.
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/ut/title-77/chapter-16a/77-16a-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/3/2023
77-16a-302. Persons found not guilty by reason of insanity -- Disposition.
(1)Upon a verdict of not guilty by reason of insanity, the court shall conduct a hearing within 10 days to determine whether the defendant currently has a mental condition. The defense counsel and prosecutors may request further evaluations and present testimony from those examiners.
(2)After the hearing and upon consideration of the record, the court shall order the defendant committed to the department if it finds by clear and convincing evidence that:
(a)the defendant has a mental condition; and
(b)because of that mental condition the defendant presents a substantial danger to self or others.
(3)The period of commitment described in Subsection
(2)may not exceed the period for which the defendant could be incarcerated had the defendant been convicted and received the maximum sentence for the crime of which the defendant was accused. At the time that period expires, involuntary civil commitment proceedings may be instituted in accordance with Title 26B, Chapter 5, Health Care -- Substance Use and Mental Health.
Amended by Chapter 184 , 2023 General Session
Amended by Chapter 330 , 2023 General Session