Utah Code
Utah Code § 77-16a-203 (2026)
Review of offenders with a mental condition committed to department -- Recommendations for transfer to Department of Corrections
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The executive director shall designate a review team of at least three qualified staff members, including at least one licensed psychiatrist, to evaluate the mental condition of each offender with a mental condition committed to it in accordance with Section 77-16a-202, at least once every six months.
If the offender has an intellectual disability, the review team shall include at least one individual who is a designated intellectual disability professional, as defined in Section 26B-6-401.
At the conclusion of the review team's evaluation, the review team described in Subsection (1) shall make a report to the executive director:
regarding the offender's:
current mental condition;
progress since commitment; and
prognosis; and
that includes a recommendation regarding whether the offender with a mental condition should be:
transferred to UDC; or
remain in the custody of the department.
The executive director shall notify the UDC medical administrator and the board's mental health adviser that an offender with a mental condition is eligible for transfer to UDC if the review team finds that the offender:
no longer has a mental condition; or
has a mental condition and may continue to be a danger to self or others, but can be controlled if adequate care, medication, and treatment are provided by UDC; and
the offender's condition has been stabilized to the point that commitment to the department and admission to the Utah State Hospital are no longer necessary to ensure adequate mental health treatment.
The administrator of the mental health facility where the offender is located shall provide the UDC medical administrator with a copy of the reviewing staff's recommendation and:
all available clinical facts;
the diagnosis;
the course of treatment received at the mental health facility;
the prognosis for remission of symptoms;
the potential for recidivism;
an estimation of the offender's dangerousness, either to self or others; and
recommendations for future treatment.
Amended by Chapter 184, 2023 General Session
Amended by Chapter 330, 2023 General Session
Notes of Decisions
Cited in 4
cases, 1994–2016 · leading case: State v. Burgess, 870 P.2d 276 (Utah Ct. App. 1994).
State v. Burgess, 870 P.2d 276 (Utah Ct. App. 1994). “Section 77-16a-203 Utah Code Annotated (1953) as amended.”
State v. MacE, 921 P.2d 1372 (Utah 1996). “Accordingly, the court ordered Mace committed to the Department of Human Services for care and treatment until his transfer to the Utah Department of Corrections, pursuant to sections 77-16a-203 and -204 of the Code.”
State v. PRION, 2012 UT 15, 274 P.3d 919. “§ 77-16a-203 (1994). 14 . See id. § 76-3-401(2) (1994) ("A court shall consider the gravity and circumstances of the offenses and the history, character, and rehabilitative needs of the defendant in determining whether to impose consecutive sentences"); accord id.”
State v. Otvos, 2016 UT App 91, 373 P.3d 207. “However, the sentencing order stated that Otvos was "admitted to the Utah State Hospital for care and treatment until transferred to the Utah Department of Corrections in accordance with section 77-16a-203 and T7-162-204." This incorporation satisfied the requirement of section…”
Utah Code § 77-16a-203(2): 1 case
State v. Burgess, 870 P.2d 276 (Utah Ct. App. 1994). “Section 77-16a-203 Utah Code Annotated (1953) as amended.”
Utah Code § 77-16a-203(l): 1 case
State v. Burgess, 870 P.2d 276 (Utah Ct. App. 1994). “Section 77-16a-203 Utah Code Annotated (1953) as amended.”
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