Utah § 77-15-3.5 - Incompetent to proceed in misdemeanor cases.

Full text of Utah Utah Code § 77-15-3.5 — Incompetent to proceed in misdemeanor cases., with citation guidance and answers to common questions.

§ 77-15-3.5. Incompetent to proceed in misdemeanor cases.

Effective 5/3/2023
77-15-3.5.  Incompetent to proceed in misdemeanor cases.
(1) When a defendant charged with a misdemeanor may be incompetent to proceed, any petition shall be filed in accordance with Section 77-15-3.
(2) If the most severe charge against a defendant is a misdemeanor and the defendant is adjudicated by a court as incompetent to proceed:
(a) the department shall provide restoration treatment to the defendant; and
(b) the court may refer the defendant to pretrial diversion services, upon agreement of the prosecution and defense counsel.
(3) Unless the prosecutor or another individual indicates that civil commitment proceedings will be initiated under Subsection 77-15-6(5)(c), a court shall release a defendant who is incompetent to proceed if:
(a) the most severe charge against the defendant is a class B misdemeanor;
(b) more than 60 days have passed after the day on which the court adjudicated the defendant incompetent to proceed; and
(c) the defendant is not restored to competency.
(4) The department shall provide restoration treatment to the defendant within the timeframe described in Subsection (3)(b).
(5) The court may, but is not required to, dismiss the charges against a defendant who was released under Subsection (3).


Amended by Chapter 171, 2023 General Session

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

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Frequently Asked Questions About Utah § 77-15-3.5

What does Utah Code § 77-15-3.5 cover?

Section 77-15-3.5 ("Incompetent to proceed in misdemeanor cases.") 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 § 77-15-3.5?

A common citation format is "Utah Code § 77-15-3.5" (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 § 77-15-3.5 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

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