Full text of Utah Utah Code § 16a-304 — Review after commitment., with citation guidance and answers to common questions.
§ 16a-304. Review after commitment.
Effective 5/3/2023 77-16a-304.
Review after commitment.
(1)
(a)
The executive director, or the executive director's designee, shall establish a review team of at least three qualified staff members to review the defendant's mental condition at least every six months.
(b)
The team described in Subsection (1)(a) shall include:
(i)
at least one psychiatrist; and
(ii)
if the defendant has an intellectual disability, at least one staff member who is a designated intellectual disability professional.
(2)
If the review team described in Subsection (1) finds that the defendant has recovered from the defendant's mental condition, or, that the defendant still has a mental condition but does not present a substantial danger to self or others, the executive director, or the executive director's designee, shall:
(a)
notify the court that committed the defendant that the defendant is a candidate for discharge; and
(b)
provide the court with a report stating the facts that form the basis for the recommendation.
(3)
(a)
The court shall conduct a hearing within 10 business days after receipt of the executive director's, or the executive director's designee's, notification.
(b)
The court clerk shall provide notice of the date and time of the hearing to:
(i)
the prosecuting attorney;
(ii)
the defendant's attorney; and
(iii)
any victim of the crime for which the defendant was found not guilty by reason of insanity.
(4)
(a)
The court shall order that the defendant be discharged from commitment if the court finds that the defendant:
(i)
no longer has a mental condition; or
(ii)
has a mental condition, but no longer presents a substantial danger to self or others.
(b)
The court shall order the person conditionally released in accordance with Section 77-16a-305 if the court finds that the defendant:
(i)
has a mental condition;
(ii)
is a substantial danger to self or others; and
(iii)
can be controlled adequately if conditionally released with treatment as a condition of release.
(c)
The court shall order that the commitment be continued if the court finds that the defendant:
(i)
has not recovered from the defendant's mental condition;
(ii)
is a substantial danger to self or others; and
(iii)
cannot adequately be controlled if conditionally released on supervision.
(d)
(i)
Except as provided in Subsection (4)(d)(ii), the court may not discharge a defendant whose mental condition is in remission as a result of medication or hospitalization if it can be determined within reasonable medical probability that without continued medication or hospitalization the defendant's mental condition will reoccur, making the defendant a substantial danger to self or others.
(ii)
Notwithstanding Subsection (4)(d)(i), the defendant described in Subsection (4)(d)(i) may be a candidate for conditional release, in accordance with Section 77-16a-305.
Section 16a-304 ("Review after commitment.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 16a-304?
A common citation format is "Utah Code § 16a-304" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 16a-304 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
