80-6-401. Definitions -- Competency to proceed.

368 words·~2 min read·/ut/title-80/chapter-6/80-6-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)As used in this part:

(a)"Competency" or "competent to proceed" means that a minor has:

(i)a present ability to consult with counsel with a reasonable degree of rational understanding; and

(ii)a rational as well as factual understanding of the proceedings.

(b)"Competency evaluation" means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges.

(c)"Forensic evaluator" means the same as that term is defined in Section 77-15-2 .

(d)"Not competent to proceed" means an individual is not competent to stand for trial or adjudication for pending charges.

(2)If a petition is filed under Section 80-6-305 , or a criminal information is filed under Section 80-6-503 , in the juvenile court , a written motion may be filed alleging reasonable grounds to believe the minor is not competent to proceed.

(3)The written motion shall contain:

(a)a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed due to:

(i)a mental illness;

(ii)an intellectual disability or a related condition; or

(iii)developmental immaturity;

(b)a recital of the facts, observations, and conversations with the minor that have formed the basis for the motion; and

(c)if filed by defense counsel, the motion shall contain information that can be revealed without invading the lawyer-client privilege.

(4)The motion may be:

(a)based upon knowledge or information and belief; and

(b)filed by:

(i)the minor alleged not competent to proceed;

(ii)any person acting on the minor's behalf;

(iii)the prosecuting attorney;

(iv)the attorney guardian ad litem; or

(v)any person having custody or supervision over the minor.

(a)The juvenile court may raise the issue of a minor's competency at any time.

(b)If raised by the juvenile court, counsel for each party shall be permitted to address the issue of competency.

(c)The juvenile court shall state the basis for the finding that there are reasonable grounds to believe the minor is not competent to proceed.

Amended by Chapter 152 , 2022 General Session