Enrolled Copy H.B. 380
1 COMPETENCY TO STAND TRI AL AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Casey Snider
5 Senate Sponsor: Ronald M. Winterton
6
7LONG TITLE
8General Description:
9 This bill addresses petitions to find a defendant incompetent to stand trial in a criminal
10action.
11Highlighted Provisions:
12 This bill:
13 <requires a court to consider certain factors when determining whether a defendant is
14incompetent;
15 <prohibits a court from granting a petition of incompetency based solely on the
16defendant having previously been released from custody due to incompetency in an
17unrelated criminal action, if the release occurred more than a year before the
18petition is filed; and
19 <makes technical and conforming changes.
20Money Appropriated in this Bill:
21 None
22Other Special Clauses:
23 This bill provides a coordination clause.
24Utah Code Sections Affected:
25AMENDS:
26 77-15-5, as last amended by Laws of Utah 2018, Chapter 147
27Utah Code Sections Affected by Coordination Clause:
28 77-15-5, Utah Code Annotated 1953 H.B. 380
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29
30Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 77-15-5 is amended to read:
32 77-15-5. Order for hearing -- Stay of other proceedings -- Examinations of
33defendant -- Scope of examination and report.
34 (1) A court in which criminal proceedings are pending shall stay all criminal
35proceedings, if:
36 (a) a petition is filed under Section 77-15-3 or 77-15-3.5; or
37 (b) the court raises the issue of the defendant's competency under Section 77-15-4.
38 (2) The court in which the petition described in Subsection (1)(a) is filed:
39 (a) shall inform the court in which criminal proceedings are pending of the petition, if
40the petition is not filed in the court in which criminal proceedings are pending;
41 (b) shall review the allegations of incompetency;
42 (c) may hold a limited hearing solely for the purpose of determining the sufficiency of
43the petition, if the court finds the petition is not clearly sufficient on its face;
44 (d) shall hold a hearing, if the petition is opposed by either party;
45 (e) may not order an examination of the defendant or order a hearing on the mental
46condition of the defendant unless the court finds that the allegations in the petition raise a bona
47fide doubt as to the defendant's competency to stand trial; and
48 (f) if the court finds that the allegations raise a bona fide doubt as to the defendant's
49competency to stand trial, shall order:
50 (i) the department to have the defendant evaluated by one forensic evaluator, if:
51 (A) the most severe charge against the defendant is a misdemeanor; or
52 (B) the defendant is charged with a felony but is not charged with a capital felony, and
53the court determines, based upon the allegations in the petition, that a second competency
54evaluation is not necessary;
55 (ii) the department to have the defendant evaluated by two forensic evaluators, if: Enrolled Copy H.B. 380
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56 (A) the defendant is charged with a capital felony; or
57 (B) the defendant is charged with a felony but is not charged with a capital felony, and
58the court determines, based upon the allegations in the petition, that a second competency
59evaluation is necessary; and
60 (iii) the defendant to be evaluated by an additional forensic evaluator, if requested by a
61party, who shall:
62 (A) select the additional forensic evaluator; and
63 (B) pay for the costs of the additional forensic evaluator.
64 (3) (a) If the petition or other information sufficiently raises concerns that the
65defendant may have intellectual or developmental disabilities, at least one forensic evaluator
66who is experienced in intellectual or developmental disability assessments shall conduct a
67competency evaluation.
68 (b) The petitioner or other party, as directed by the court, shall provide to the forensic
69evaluator information and materials relevant to a determination of the defendant's competency,
70including the charging document, arrest or incident reports pertaining to the charged offense,
71known criminal history information, and known prior mental health evaluations and treatments.
72 (c) For purposes of a competency evaluation, a court may order that custodians of
73mental health records pertaining to the defendant provide those records to a forensic evaluator
74without the need for consent of the defendant.
75 (d) An order for a competency evaluation may not contain an order for any other
76inquiry into the mental state of the defendant.
77 (4) Pending a competency evaluation, unless the court or the department directs
78otherwise, the defendant shall be retained in the same custody or status that the defendant was
79in at the time the examination was ordered.
80 (5) In the conduct of a competency evaluation, a progress toward competency
81evaluation, and in a report to the court, a forensic evaluator shall consider and address, in
82addition to any other factors determined to be relevant by the forensic evaluator: H.B. 380
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83 (a) the defendant's present ability to:
84 (i) rationally and factually understand the criminal proceedings against the defendant;
85 (ii) consult with the defendant's legal counsel with a reasonable degree of rational
86understanding in order to assist in the defense;
87 (iii) understand the charges or allegations against the defendant;
88 (iv) communicate facts, events, and states of mind;
89 (v) understand the range of possible penalties associated with the charges or allegations
90against the defendant;
91 (vi) engage in reasoned choice of legal strategies and options;
92 (vii) understand the adversarial nature of the proceedings against the defendant;
93 (viii) manifest behavior sufficient to allow the court to proceed; and
94 (ix) testify relevantly, if applicable;
95 (b) the impact of the mental disorder or intellectual disability, if any, on the nature and
96quality of the defendant's relationship with counsel;
97 (c) if psychoactive medication is currently being administered:
98 (i) whether the medication is necessary to maintain the defendant's competency; and
99 (ii) whether the medication may have an effect on the defendant's demeanor, affect, and
100ability to participate in the proceedings; and
101 (d) whether the defendant is exhibiting false or exaggerated physical or psychological
102symptoms relevant to the defendant's capacity to stand trial.
103 (6) If the forensic evaluator's opinion is that the defendant is incompetent to proceed,
104the forensic evaluator shall indicate in the report to the court:
105 (a) the factors that contribute to the defendant's incompetency, including the nature of
106the defendant's mental disorder or intellectual or developmental disability, if any, and its
107relationship to the factors contributing to the defendant's incompetency; and
108 (b) whether there is a substantial probability that restoration treatment may, in the
109foreseeable future, bring the defendant to competency to stand trial, or that the defendant Enrolled Copy H.B. 380
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110cannot become competent to stand trial in the foreseeable future.
111 (7) (a) A forensic evaluator shall provide an initial report to the court and the
112prosecuting and defense attorneys within 30 days of the receipt of the court's order. The report
113shall inform the court of the examiner's opinion concerning the competency of the defendant to
114stand trial.
115 (b) (i) If the forensic evaluator is unable to complete the report in the time specified in
116Subsection (7)(a), the forensic evaluator shall give written notice to the court.
117 (ii) A forensic evaluator who provides the notice described in Subsection (7)(b)(i) shall
118receive a 15-day extension, giving the forensic evaluator a total of 45 days after the day on
119which the forensic evaluator received the court's order to conduct a competency evaluation and
120file a report.
121 (iii) The court may further extend the deadline for completion of the evaluation and
122report if the court determines that there is good cause for the extension.
123 (iv) Upon receipt of an extension described in Subsection (7)(b)(iii), the forensic
124evaluator shall file the report as soon as reasonably possible.
125 (8) Any written report submitted by a forensic evaluator shall:
126 (a) identify the case ordered for evaluation by the case number;
127 (b) describe the procedures, techniques, and tests used in the examination and the
128purpose or purposes for each;
129 (c) state the forensic evaluator's clinical observations, findings, and opinions on each
130issue referred for examination by the court, and indicate specifically those issues, if any, on
131which the forensic evaluator could not give an opinion; and
132 (d) identify the sources of information used by the forensic evaluator and present the
133basis for the forensic evaluator's clinical findings and opinions.
134 (9) (a) Any statement made by the defendant in the course of any competency
135examination, whether the examination is with or without the consent of the defendant, any
136testimony by a forensic evaluator based upon the statement, and any other fruits of the H.B. 380
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137statement may not be admitted in evidence against the defendant in any criminal proceeding
138except on an issue respecting mental condition on which the defendant has introduced
139evidence. The evidence may be admitted, however, where relevant to a determination of the
140defendant's competency.
141 (b) Before examining the defendant, the forensic evaluator shall specifically advise the
142defendant of the limits of confidentiality as provided under Subsection (9)(a).
143 (10) (a) Upon receipt of the forensic evaluators' reports, the court shall set a date for a
144competency hearing. The hearing shall be held not less than 5 and not more than 15 days after
145the day on which the court received the forensic evaluators' reports, unless for good cause the
146court sets a later date.
147 (b) Any person directed by the department to conduct the competency evaluation may
148be subpoenaed to testify at the hearing.
149 (c) The court may call any forensic evaluator to testify at the hearing who is not called
150by the parties. If the court calls a forensic evaluator, counsel for the parties may cross-examine
151the forensic evaluator.
152 (d) If the forensic evaluators are in conflict as to the competency of the defendant, all
153forensic evaluators should be called to testify at the hearing if reasonably available. A conflict
154in the opinions of the forensic evaluators does not require the appointment of an additional
155forensic evaluator unless the court determines the appointment to be necessary.
156 (11) (a) A defendant shall be presumed competent to stand trial unless the court, by a
157preponderance of the evidence, finds the defendant incompetent to proceed. The burden of
158proof is upon the proponent of incompetency at the hearing.
159 (b) An adjudication of incompetent to proceed does not operate as an adjudication of
160incompetency to give informed consent for medical treatment or for any other purpose, unless
161specifically set forth in the court order.
162 (12) In determining the defendant's competency to stand trial, the court shall consider
163the totality of the circumstances, [which may include] including: Enrolled Copy H.B. 380
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164 (a) the petition;
165 (b) the defendant's criminal and arrest history;
166 (c) prior mental health evaluations and treatments provided to the court by the
167defendant;
168 (d) subject to Subsection (14), whether the defendant was found incompetent to
169proceed in a criminal action unrelated to the charged offense for which the petition is filed;
170 (e) the testimony of lay witnesses[, in addition to], if any;
171 (f) the forensic evaluator's report, testimony, and studies[.]; and
172 (g) any other relevant evidence bearing on the competency of the defendant.
173 (13) If the court finds the defendant incompetent to proceed:
174 (a) the court shall issue the order described in Subsection 77-15-6(1), which shall:
175 (i) include findings addressing each of the factors in Subsection (5)(a);
176 (ii) include a transportation order, if necessary;
177 (iii) be accompanied by the forensic evaluators' reports, any psychiatric, psychological,
178or social work reports submitted to the court relative to the mental condition of the defendant,
179and any other documents made available to the court by either the defense or the prosecution,
180pertaining to the defendant's current or past mental condition; and
181 (iv) be sent by the court to the department; and
182 (b) the prosecuting attorney shall provide to the department:
183 (i) the charging document and probable cause statement, if any;
184 (ii) arrest or incident reports prepared by law enforcement and pertaining to the
185charged offense; and
186 (iii) additional supporting documents.
187 (14) The court may not find the defendant incompetent to proceed based solely on a
188court having ordered the release of the defendant under Section 77-15-3.5 or Section 77-15-6 in
189an unrelated criminal action, if the court in the unrelated criminal action ordered the release
190more than one year before the day on which the petition described in Subsection (12)(a) is H.B. 380
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191filed.
192 [(14)] (15) The court may make any reasonable order to ensure compliance with this
193section.
194 [(15)] (16) Failure to comply with this section does not result in the dismissal of
195criminal charges.
196 Section 2. Coordinating H.B. 380 with H.B. 330 -- Substantive and technical
197amendments.
198 If this H.B. 380 and H.B. 330, Civil Commitment Amendments, both pass and become
199law, it is the intent of the Legislature that the Office of Legislative Research and General
200Counsel shall prepare the Utah Code database for publication by amending
201Subsection 77-15-5(12) in this H.B. 380 to read:
202 "(12) In determining the defendant's competency to stand trial, the court shall consider
203the totality of the circumstances, [which may include] including:
204 (a) the petition;
205 (b) the defendant's criminal and arrest history;
206 (c) prior mental health evaluations and treatments provided to the court by the
207defendant;
208 (d) subject to Subsection (14), whether the defendant was found incompetent to
209proceed in a criminal action unrelated to the charged offense for which the petition is filed;
210 (e) the testimony of lay witnesses[, in addition to], if any;
211 (f) the forensic evaluator's [report, testimony, and studies] testimony and report;
212 (g) the materials on which the forensic evaluator's report is based; and
213 (h) any other relevant evidence or consideration bearing on the competency of the
214defendant.".