Utah § 16b-103 - Involuntary feeding or hydration of prisoners -- Petition procedures, venue -- Prisoner rights.

Full text of Utah Utah Code § 16b-103 — Involuntary feeding or hydration of prisoners -- Petition procedures, venue -- Prisoner rights., with citation guidance and answers to common questions.

§ 16b-103. Involuntary feeding or hydration of prisoners -- Petition procedures, venue -- Prisoner rights.

77-16b-103.  Involuntary feeding or hydration of prisoners -- Petition procedures, venue -- Prisoner rights.
(1) A correctional facility administrator may petition the district court where the correctional facility is located for an order permitting the involuntary feeding or hydration of any prisoner who is likely to suffer severe harm or death by refusing to accept sufficient nutrition or hydration.
(2) Prior to the filing of a petition under this section, a mental health therapist who is designated by the correctional facility administrator shall conduct a mental health evaluation of the subject prisoner.
(3) Upon the filing of a petition, the district court shall hold a hearing within two working days. The court:
(a) shall confidentially review the prisoner's medical and mental health records as they are available;
(b) may hear testimony or receive evidence, subject to the Utah Rules of Evidence, concerning the circumstances of the prisoner's lack of nutrition or hydration; and
(c) may exclude from the hearing any person whose presence is not necessary for the purposes of the hearing, due to the introduction of personal medical and mental health evidence.
(4) After conducting the hearing under Subsection (3), the district court shall issue an order to involuntarily feed or hydrate the prisoner, if the court finds by a preponderance of evidence that:
(a)
(i) the prisoner is likely to suffer severe harm or death by refusing to accept sufficient nutrition or hydration; and
(ii) the correctional facility's medical or penological objectives are valid and outweigh the prisoner's right to refuse treatment; or
(b) the prisoner is refusing sufficient nutrition or hydration with the intent to obstruct or delay any judicial or administrative proceeding pending against the prisoner.
(5) The district court shall state its findings of fact and conclusions of law on the record.
(6) The correctional facility administrator shall serve copies of the petition and a notice of the district court hearing on the prisoner and the prisoner's counsel, if the prisoner is represented by counsel, at least 24 hours in advance of the hearing under Subsection (3).
(7) The prisoner has the right to attend the hearing, testify, present evidence, and cross-examine witnesses.


Enacted by Chapter 355, 2012 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 16b-103

What does Utah Code § 16b-103 cover?

Section 16b-103 ("Involuntary feeding or hydration of prisoners -- Petition procedures, venue -- Prisoner rights.") 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 § 16b-103?

A common citation format is "Utah Code § 16b-103" (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 § 16b-103 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.