Section R671-207-3 - Retransferring a Mentally Ill Offender from a Correctional Facility to the State Hospital and Stay of Board Hearings(1) When a mentally ill offender, who has previously been transferred from State Hospital to a correctional facility, and who the Department has accepted, is later evaluated and it is determined that the mentally ill offender's mental condition has decompensated or that the mentally ill offender has become mentally unstable, that mentally ill offender may be retransferred back to the State Hospital if the Department and Health and Human Services agree to the retransfer.(2) The Board shall stay any hearing for the mentally ill offender until the mentally ill offender is transferred back to a correctional facility, except for hearings regarding transfer back of the mentally ill offender to a correctional facility.(3) If Health and Human Services and the Department do not agree to the retransfer of a mentally ill offender from a correctional facility to the State Hospital, the Board shall determine whether the mentally ill offender will be retransferred back to the State Hospital.(4) The Department shall notify the Board, in writing, that the Department and Health and Human Services do not agree on a mentally ill offender's retransfer to the State Hospital. The Board shall conduct an administrative hearing on the matter. Both the Department and Health and Human Services shall provide written reports and recommendations to the Board before the administrative hearing. The Board may take testimony at the hearing. In making its decision, the Board shall consider the factors in Subsection 62A-15-605.5(2). The Board shall issue its decision within 30 days of the administrative hearing.(5) Health and Human Services shall receive any mentally ill offender in the Department's custody when the Board orders the transfer.(6) A mentally ill offender who has been retransferred to the State Hospital pursuant to this rule may be transferred back to a correctional facility in accordance with the Board's administrative rules and Section 77-16a-204.Utah Admin. Code R671-207-3
Adopted by Utah State Bulletin Number 2022-12, effective 6/9/2022