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H.B. 207

Signed into Law

Competency Amendments

HB0207S02 (Substitute)

Sen. Todd Weiler
Sen. Todd WeilerFloor Sponsor
View on le.utah.gov
H.B. 207Signed into Law

Competency Amendments

House
Senate
Governor

What This Bill Does

This bill amends provisions related to competency evaluations.

Key Provisions

This bill:

  • requires that when a court orders two competency evaluations, the evaluations must be ordered in the same order;
  • provides that a court may order the Department of Health and Human Services to conduct additional or updated competency evaluations under certain circumstances;
  • permits a defendant to be transferred to a clinical or inpatient setting for a competency evaluation;
  • clarifies that certain provisions do not apply to progress toward competency evaluations;
  • amends a provision related to a report of a progress toward competency evaluation;
  • provides for the portability of an involuntary medication order when an individual is transferred between facilities;
  • defines terms; and
  • makes technical and conforming changes.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

Changes to Utah's competency evaluation process — used to determine whether a criminal defendant is mentally fit to stand trial — make up the core of this bill. It requires that when a court orders two competency evaluations, both must be issued in the same court order. It allows courts to order the Department of Health and Human Services to conduct additional or updated evaluations if circumstances change or new information arises. It permits a defendant to be temporarily moved to a clinical or inpatient setting for their evaluation, if the department recommends it and notifies the court and parties. The bill also creates new rules for "involuntary medication order portability," meaning that when a defendant who is being medicated without their consent is transferred between facilities — such as from a jail to a psychiatric hospital — the original medication order stays in effect, but the receiving facility must conduct its own medical review and document that continuing the medication is appropriate, safe, and in the person's best interest before doing so.