Section R671-207-5 - Retransfer of a Mentally Decompensating Offender from the State Hospital to a Correctional Facility(1) Mentally decompensating offenders who have previously been transferred to the State Hospital shall be retransferred back to a correctional facility through agreement between the Department and Health and Human Services.(2) If the Department and Health and Human Services cannot agree on a retransfer, the Board shall determine if the mentally decompensating offender will be retransferred back to a correctional facility.(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 this decision, the Board shall consider the factors in Subsection 62A-15-605.5(4). The Board shall issue its decision within 30 days of the administrative hearing.(5) The Department shall notify the Board when a mentally decompensating offender is transferred back to a correctional facility.(6) The Board shall schedule any necessary hearing for the mentally decompensating offender upon return to a correctional facility.(7) The Department shall receive any previously transferred mentally decompensating offender when the Board orders the retransfer.Utah Admin. Code R671-207-5
Adopted by Utah State Bulletin Number 2022-12, effective 6/9/2022