Section R671-207-2 - Transferring a Mentally Ill Offender from the State Hospital to a Correctional Facility(1) If Health and Human Services and the Department agree that a correctional facility can provide a mentally ill offender with adequate mental health treatment, that mentally ill offender shall be transferred from the State Hospital to a correctional facility in accordance with Subsections 77-16a-204(1) through (3).(2) If Health and Human Services and the Department do not agree on the transfer of a mentally ill offender from the State Hospital to a correctional facility, Health and Human Services shall notify the Board, in writing, of the dispute. Both the Department and Health and Human Services shall provide written reports and recommendations to the Board before an administrative hearing. The Board shall conduct an administrative hearing and may take testimony at that hearing. The Board shall issue its decision within 30 days of the administrative hearing.(3) The Department shall notify the Board when a mentally ill offender is transferred from the State Hospital to a correctional facility.(4) The Board shall schedule any necessary hearing upon the mentally ill offender's transfer to a correctional facility.(5) The Department shall receive any mentally ill offender when the Board orders the transfer.Utah Admin. Code R671-207-2
Adopted by Utah State Bulletin Number 2022-12, effective 6/9/2022