Utah Code » Title 77, Chapter 16a — Commitment and Treatment of Individuals with a Mental Condition; part 77-16a-1 — Plea and Verdict of Guilty with a Mental Condition
Utah Code

Utah Code § 77-16a-104 (2026)

Verdict of guilty with a mental condition -- Hearing to determine present mental state

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
Upon a verdict of guilty with a mental condition for the offense charged, or any lesser offense, the court shall conduct a hearing to determine the defendant's present mental state.
The court may order the department to examine the defendant to determine the defendant's mental condition, and may receive the evidence of any public or private expert witness offered by the defendant or the prosecutor.
The defendant may be placed in the Utah State Hospital for the examination described in Subsection (2)(a) only upon approval of the executive director.
If the court finds by clear and convincing evidence that the defendant currently has a mental condition, the court shall impose any sentence that could be imposed under law upon a defendant who does not have a mental condition and who is convicted of the same offense, and:
commit the defendant to the department, in accordance with the provisions of Section 77-16a-202, if:
the court gives the department the opportunity to provide an evaluation and recommendation under Subsection (4); and
the court finds by clear and convincing evidence that:
because of the defendant's mental condition the defendant poses an immediate physical danger to self or others, including jeopardizing the defendant's own or others' safety, health, or welfare if placed in a correctional or probation setting, or lacks the ability to provide the basic necessities of life, such as food, clothing, and shelter, if placed on probation; and
the department is able to provide the defendant with treatment, care, custody, and security that is adequate and appropriate to the defendant's conditions and needs;
order probation in accordance with Section 77-16a-201; or
if the court determines that commitment to the department under Subsection (3)(a) or probation under Subsection (3)(b) is not appropriate, the court shall place the defendant in the custody of UDC or a county jail as allowed by law.
In order to ensure that the requirements of Subsection (3)(a) are met, the court shall, before making a determination, notify the executive director of the proposed placement and provide the department with an opportunity to evaluate the defendant and make a recommendation to the court regarding placement prior to commitment.
If the court finds that the defendant does not currently have a mental condition, the court shall sentence the defendant as it would any other defendant.
Expenses for examinations ordered under this section shall be paid in accordance with Subsection 77-16a-103(8).
Notes of Decisions
Cited in 8 cases, 1994–2016 · leading case: State v. Yoder, 935 P.2d 534 (Utah Ct. App. 1997).
Sort: Relevance Newest Treatment
State v. Yoder, 935 P.2d 534 (Utah Ct. App. 1997). · cites it 4× “§ 77-16a-104(1) (stating that upon verdict of guilty and mentally ill trial court must conduct hearing to determine defendant's "present mental state").”
State v. Herrera, 895 P.2d 359 (Utah 1995). · cites it 2× “” § 77-16a-104(1). If the court “finds by clear and convincing evidence that the defendant is currently mentally ill,” it may sentence the defendant just as any other guilty defendant and (1) commit him to the state hospital, (2) order probation, or (3) order him to the custody…”
State v. PRION, 2012 UT 15 (Utah 2012). · cites it 2× “Utah Code section 77-16a-104(3) (1994) instructs a sentencing court faced with a mentally ill offender to "impose any sentence that could be imposed under law upon a defendant who is not mentally ill and who is convicted of the same offense.”
State v. Rivera, 2016 UT App 202 (Utah Ct. App. 2016). · cites it 4× “Rivera Invited Any Error That Resulted from Her Insistence That the Court Afford Her a Hearing Under Section 77-16a-104. ¶18 Rivera claims that the trial court failed to conduct a hearing to determine whether she currently suffered from a mental illness.”
State v. Murphy, 872 P.2d 480 (Utah Ct. App. 1994). · cites it 4× “(b) If a defendant is later found not to be mentally ill, that plea remains a valid plea of guilty, and the defendant shall be sentenced as any other offender. (4)If the court concludes that the defendant is currently mentally ill his plea shall be accepted and he shall be…”
State v. Allen, 2015 UT App 163 (Utah Ct. App. 2015). “§ 77-16a-104(3) (providing the court the discretion to place defendant in custody, order probation, or commit the defendant to the department of human services if by clear and convincing evidence the defendant's illness poses an immediate risk).”
State v. Swogger, 2013 UT App 164 (Utah Ct. App. 2013). · cites it 6× “T5 Applicable law requires that once the district court has concluded that a defendant who offers to enter a plea of guilty with a mental illness actually suffers from a mental illness, it must accept the plea and then sentence the defendant "in accordance with Section…”
State v. Otvos, 2016 UT App 91 (Utah Ct. App. 2016). · cites it 2× “Therefore, the district court necessarily made the determination required by section 77-16a-104(8). Absence of an explicit finding that Otvos posed an immediate danger to himself or others did not prejudice him in sentencing because he was committed to the state hospital.”
— Utah Code § 77-16a-104(1) — 2 cases
State v. Yoder, 935 P.2d 534 (Utah Ct. App. 1997). “§ 77-16a-104(1) (stating that upon verdict of guilty and mentally ill trial court must conduct hearing to determine defendant's "present mental state").”
State v. Herrera, 895 P.2d 359 (Utah 1995). “” § 77-16a-104(1). If the court “finds by clear and convincing evidence that the defendant is currently mentally ill,” it may sentence the defendant just as any other guilty defendant and (1) commit him to the state hospital, (2) order probation, or (3) order him to the custody…”
— Utah Code § 77-16a-104(3) — 4 cases
State v. PRION, 2012 UT 15 (Utah 2012). “Utah Code section 77-16a-104(3) (1994) instructs a sentencing court faced with a mentally ill offender to "impose any sentence that could be imposed under law upon a defendant who is not mentally ill and who is convicted of the same offense.”
State v. Herrera, 895 P.2d 359 (Utah 1995). “” § 77-16a-104(1). If the court “finds by clear and convincing evidence that the defendant is currently mentally ill,” it may sentence the defendant just as any other guilty defendant and (1) commit him to the state hospital, (2) order probation, or (3) order him to the custody…”
State v. Murphy, 872 P.2d 480 (Utah Ct. App. 1994). “(b) If a defendant is later found not to be mentally ill, that plea remains a valid plea of guilty, and the defendant shall be sentenced as any other offender. (4)If the court concludes that the defendant is currently mentally ill his plea shall be accepted and he shall be…”
State v. Allen, 2015 UT App 163 (Utah Ct. App. 2015). “§ 77-16a-104(3) (providing the court the discretion to place defendant in custody, order probation, or commit the defendant to the department of human services if by clear and convincing evidence the defendant's illness poses an immediate risk).”
— Utah Code § 77-16a-104(8) — 2 cases
State v. Swogger, 2013 UT App 164 (Utah Ct. App. 2013). “T5 Applicable law requires that once the district court has concluded that a defendant who offers to enter a plea of guilty with a mental illness actually suffers from a mental illness, it must accept the plea and then sentence the defendant "in accordance with Section…”
State v. Otvos, 2016 UT App 91 (Utah Ct. App. 2016). “Therefore, the district court necessarily made the determination required by section 77-16a-104(8). Absence of an explicit finding that Otvos posed an immediate danger to himself or others did not prejudice him in sentencing because he was committed to the state hospital.”
— Utah Code § 77-16a-104(8)(a) — 1 case
State v. Swogger, 2013 UT App 164 (Utah Ct. App. 2013). “T5 Applicable law requires that once the district court has concluded that a defendant who offers to enter a plea of guilty with a mental illness actually suffers from a mental illness, it must accept the plea and then sentence the defendant "in accordance with Section…”
— Utah Code § 77-16a-104(a) — 1 case
State v. Yoder, 935 P.2d 534 (Utah Ct. App. 1997). “§ 77-16a-104(1) (stating that upon verdict of guilty and mentally ill trial court must conduct hearing to determine defendant's "present mental state").”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.