Full text of Utah Utah Code § 77-15-2 — Definitions., with citation guidance and answers to common questions.
§ 77-15-2. Definitions.
Effective 5/7/2025 77-15-2.
Definitions. As used in this chapter:
(1)
"Competency evaluation" means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial.
(2)
"Competent to stand trial" means that a defendant has:
(a)
a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and
(b)
the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense.
(3)
"Department" means the Department of Health and Human Services.
(4)
"Forensic evaluator" means a licensed mental health professional who:
(a)
is not involved in the defendant's treatment;
(b)
is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to:
(i)
intellectual functioning or psychopathology; and
(ii)
the legal system and the rights of a defendant in a criminal trial; and
(c)
if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5)
"Incompetent to proceed" means that a defendant is not competent to stand trial as a result of:
(a)
mental illness; or
(b)
intellectual disability.
(6)
"Mental illness" means the same as that term is defined in Section 26B-5-301.
(7)
"Petition" means a petition to request a court to determine whether a defendant is competent to stand trial.
(8)
"Progress toward competency evaluation" means an evaluation to determine whether an individual who is receiving restoration treatment is:
(a)
competent to stand trial;
(b)
incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or
(c)
incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future.
(9)
"Restoration treatment" means training and treatment that is:
(a)
provided to an individual who is incompetent to proceed;
(b)
tailored to the individual's particular impairment to competency; and
(c)
limited to the purpose of restoring the individual to competency.
Section 77-15-2 ("Definitions.") 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 § 77-15-2?
A common citation format is "Utah Code § 77-15-2" (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 § 77-15-2 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.
