Section R671-207-4 - Transfer of a Mentally Decompensating Offender from a Correctional Facility to the State Hospital and Stay of Hearings(1) If the Department determines that a mentally decompensating offender in its custody needs to be transferred to the State Hospital to ensure adequate mental health treatment, the Department may request Health and Human Services transfer that mentally decompensating offender to the State Hospital.(2) If Health and Human Services and the Department do not agree to transfer a mentally decompensating offender to the State Hospital, the Board shall determine whether the mentally decompensating offender will be transferred to the State Hospital.(3) Health and Human Services shall notify the Board, in writing, of the dispute.(4) The Board shall hold an administrative hearing on the matter. Before the hearing, the Department and Health and Human Services shall provide any reports and recommendations to the Board. 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 decompensating offender in the Department's custody when the Board orders the transfer.(6) The Department shall notify the Board when a mentally decompensating offender is transferred from a correctional facility to the State Hospital.(7) The Board shall stay any hearings while a mentally decompensating offender is in the State Hospital, except for hearings regarding retransfer of a mentally decompensating offender to a correctional facility.Utah Admin. Code R671-207-4
Adopted by Utah State Bulletin Number 2022-12, effective 6/9/2022