Enrolled Copy H.B. 56
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Civil Commitment Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Todd Weiler
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LONG TITLE
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General Description:
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This bill amends provisions relating to civil commitment.
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Highlighted Provisions:
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This bill:
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▸ amends notification requirements for when a patient is discharged from temporary,
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involuntary commitment;
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▸ amends the information that must be included in discharge instructions that are given to
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an individual who is discharged from a local mental health authority's custody and
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allows discharge instructions to be provided in paper or electronic form depending on
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the individual's preference;
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▸ provides that certain requirements related to civil commitment may be performed by a
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local mental health authority's designee;
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▸ addresses when a local mental health authority is required to follow up with certain
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individuals discharged from civil commitment; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-5-331, as last amended by Laws of Utah 2024, Chapter 299
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26B-5-332, as last amended by Laws of Utah 2024, Chapters 287, 299 and 314
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26B-6-607, as last amended by Laws of Utah 2024, Chapter 299 H.B. 56 Enrolled Copy
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26B-6-608, as last amended by Laws of Utah 2024, Chapter 299
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-5-331 is amended to read:
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26B-5-331 . Temporary commitment -- Requirements and procedures -- Rights.
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(1) An adult shall be temporarily, involuntarily committed to a local mental health authority
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upon:
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(a) a written application that:
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(i) is completed by a responsible individual who has reason to know, stating a belief
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that the adult, due to mental illness, is likely to pose substantial danger to self or
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others if not restrained and stating the personal knowledge of the adult's condition
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or circumstances that lead to the individual's belief; and
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(ii) includes a certification by a licensed physician, licensed physician assistant,
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licensed nurse practitioner, or designated examiner stating that the physician,
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physician assistant, nurse practitioner, or designated examiner has examined the
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adult within a three-day period immediately preceding the certification, and that
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the physician, physician assistant, nurse practitioner, or designated examiner is of
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the opinion that, due to mental illness, the adult poses a substantial danger to self
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or others; or
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(b) a peace officer or a mental health officer:
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(i) observing an adult's conduct that gives the peace officer or mental health officer
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probable cause to believe that:
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(A) the adult has a mental illness; and
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(B) because of the adult's mental illness and conduct, the adult poses a substantial
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danger to self or others; and
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(ii) completing a temporary commitment application that:
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(A) is on a form prescribed by the division;
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(B) states the peace officer's or mental health officer's belief that the adult poses a
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substantial danger to self or others;
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(C) states the specific nature of the danger;
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(D) provides a summary of the observations upon which the statement of danger is
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based; and
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(E) provides a statement of the facts that called the adult to the peace officer's or
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mental health officer's attention.
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(2) If at any time a patient committed under this section no longer meets the commitment
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criteria described in Subsection (1), [the local mental health authority or ]the local
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mental health authority's designee shall:
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(a) document the change and release the patient; and
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(b) if the patient was admitted under Subsection (1)(b), notify the [peace officer or
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mental health officer of the patient's release] local mental health authority of the
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patient's release if deemed appropriate by a licensed health care provider or if the
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patient consents to the information being shared.
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(3) A patient committed under this section may be held for a maximum of 72 hours after
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commitment, excluding Saturdays, Sundays, and [legal] state holidays, unless:
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(a) as described in Section 26B-5-332, an application for involuntary commitment is
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commenced, which may be accompanied by an order of detention described in
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Subsection 26B-5-332(4); or
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(b) the patient makes a voluntary application for admission.
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(4) Upon a written application described in Subsection (1)(a) or the observation and belief
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described in Subsection (1)(b)(i), the adult shall be:
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(a) taken into a peace officer's protective custody, by reasonable means, if necessary for
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public safety; and
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(b) transported for temporary commitment to a facility designated by the local mental
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health authority, by means of:
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(i) an ambulance, if the adult meets any of the criteria described in Section 26B-4-119;
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(ii) an ambulance, if a peace officer is not necessary for public safety, and
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transportation arrangements are made by a physician, physician assistant, nurse
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practitioner, designated examiner, or mental health officer;
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(iii) the city, town, or municipal law enforcement authority with jurisdiction over the
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location where the adult is present, if the adult is not transported by ambulance;
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(iv) the county sheriff, if the designated facility is outside of the jurisdiction of the
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law enforcement authority described in Subsection (4)(b)(iii) and the adult is not
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transported by ambulance; or
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(v) nonemergency secured behavioral health transport as that term is defined in
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Section 53-2d-101.
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(5) Notwithstanding Subsection (4):
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(a) an individual shall be transported by ambulance to an appropriate medical facility for
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treatment if the individual requires physical medical attention;
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(b) if an officer has probable cause to believe, based on the officer's experience and
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de-escalation training that taking an individual into protective custody or transporting
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an individual for temporary commitment would increase the risk of substantial
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danger to the individual or others, a peace officer may exercise discretion to not take
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the individual into custody or transport the individual, as permitted by policies and
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procedures established by the officer's law enforcement agency and any applicable
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federal or state statute, or case law; and
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(c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
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into protective custody or transport an individual, the officer shall document in the
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officer's report the details and circumstances that led to the officer's decision.
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(6)(a) The local mental health authority shall inform an adult patient committed under
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this section of the reason for commitment.
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(b) An adult patient committed under this section has the right to:
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(i) within three hours after arrival at the local mental health authority, make a
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telephone call, at the expense of the local mental health authority, to an individual
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of the patient's choice; and
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(ii) see and communicate with an attorney.
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(7)(a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this section.
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(b) This section does not create a special duty of care.
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(8)(a) A local mental health authority or the local mental health authority's designee
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shall provide discharge instructions to each individual committed under this section
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at or before the time the individual is discharged from the local mental health
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authority's custody, regardless of whether the individual is discharged by being
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released, taken into a peace officer's protective custody, transported to a medical
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facility or other facility, or other circumstances.
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(b) Discharge instructions provided under Subsection (8)(a) shall include:
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[(i) a summary of why the individual was committed to the local mental health
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authority;]
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[(ii) detailed information about why the individual is being discharged from the local
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mental health authority's custody;]
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[(iii)] (i) a safety plan for the individual based on the individual's mental illness or
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mental or emotional state, if applicable;
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[(iv)] (ii) notification to the individual's primary care provider, if applicable;
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[(v)] (iii) if the individual is discharged without food, housing, or economic security, a
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referral to appropriate services, if such services exist in the individual's
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community;
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[(vi)] (iv) the phone number to call or text for a crisis services hotline, and
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information about the availability of peer support services;
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[(vii)] (v) a copy of any psychiatric advance directive[ presented to the local mental
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health authority], if applicable;
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[(viii)] (vi) information about how to establish a psychiatric advance directive if one [
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was not presented to the local mental health authority] has not been completed;
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[(ix)] (vii) as applicable, information about medications that were changed or
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discontinued during the commitment;
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[(x) a list of any screening or diagnostic tests conducted during the commitment;]
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[(xi) a summary of therapeutic treatments provided during the commitment;]
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[(xii) any laboratory work, including blood samples or imaging, that was completed
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or attempted during the commitment; and]
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[(xiii)] (viii) information about how to contact the local mental health authority if
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needed[.] ; and
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(ix) information about how to request a copy of the individual's medical record and
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how to access the electronic patient portal for the individual's medical record.
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(c) If an individual's medications were changed, or if an individual was prescribed new
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medications while committed under this section, discharge instructions provided
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under Subsection (8)(a) shall include a clinically appropriate supply of medications,
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as determined by a licensed health care provider, to allow the individual time to
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access another health care provider or follow-up appointment.
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(d) Discharge instructions shall be provided in paper or electronic format based on the
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individual's preference.
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[(d)] (e) If an individual refuses to accept discharge instructions, the local mental health
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authority or the local mental health authority's designee shall document the refusal in
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the individual's medical record.
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[(e)] (f) If an individual's discharge instructions include referrals to services under
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Subsection [(8)(b)(v)] (8)(b)(iii), the local mental health authority or the local mental
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health authority's designee shall document those referrals in the individual's medical
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record.
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[(f)] (g) The local mental health authority shall attempt to follow up with a discharged
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individual at least 48 hours after discharge, when appropriate, and may use peer
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support professionals when performing follow-up care or developing a continuing
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care plan.
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Section 2. Section 26B-5-332 is amended to read:
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26B-5-332 . Involuntary commitment under court order -- Examination --
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Hearing -- Power of court -- Findings required -- Costs.
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(1) A responsible individual who has credible knowledge of an adult's mental illness and
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the condition or circumstances that have led to the adult's need to be involuntarily
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committed may initiate an involuntary commitment court proceeding by filing, in the
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court in the county where the proposed patient resides or is found, a written application
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that includes:
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(a) unless the court finds that the information is not reasonably available, the proposed
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patient's:
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(i) name;
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(ii) date of birth; and
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(iii) social security number;
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(b)(i) a certificate of a licensed physician or a designated examiner stating that within
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the seven-day period immediately preceding the certification, the physician or
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designated examiner examined the proposed patient and is of the opinion that the
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proposed patient has a mental illness and should be involuntarily committed; or
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(ii) a written statement by the applicant that:
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(A) the proposed patient has been requested to, but has refused to, submit to an
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examination of mental condition by a licensed physician or designated
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examiner;
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(B) is sworn to under oath; and
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(C) states the facts upon which the application is based; and
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(c) a statement whether the proposed patient has previously been under an assisted
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outpatient treatment order, if known by the applicant.
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(2) Before issuing a judicial order, the court:
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(a) shall require the applicant to consult with the appropriate local mental health
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authority at or before the hearing; and
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(b) may direct a mental health professional from the local mental health authority to
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interview the applicant and the proposed patient to determine the existing facts and
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report the existing facts to the court.
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(3) The court may issue an order, directed to a mental health officer or peace officer, to
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immediately place a proposed patient in the custody of a local mental health authority or
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in a temporary emergency facility, as described in Section 26B-5-334, to be detained for
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the purpose of examination if:
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(a) the court finds from the application, any other statements under oath, or any reports
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from a mental health professional that there is a reasonable basis to believe that the
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proposed patient has a mental illness that poses a danger to self or others and requires
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involuntary commitment pending examination and hearing; or
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(b) the proposed patient refuses to submit to an interview with a mental health
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professional as directed by the court or to go to a treatment facility voluntarily.
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(4)(a) The court shall provide notice of commencement of proceedings for involuntary
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commitment, setting forth the allegations of the application and any reported facts,
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together with a copy of any official order of detention, to a proposed patient before,
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or upon, placement of the proposed patient in the custody of a local mental health
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authority or, with respect to any proposed patient presently in the custody of a local
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mental health authority whose status is being changed from voluntary to involuntary,
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upon the filing of an application for that purpose with the court.
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(b) The place of detention shall maintain a copy of the order of detention.
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(5)(a) The court shall provide notice of commencement of proceedings for involuntary
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commitment as soon as practicable to the applicant, any legal guardian, any
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immediate adult family members, legal counsel for the parties involved, the local
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mental health authority or the local mental health authority's designee, and any other
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persons whom the proposed patient or the court designates.
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(b) Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall
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advise the persons that a hearing may be held within the time provided by law.
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(c) If the proposed patient refuses to permit release of information necessary for
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provisions of notice under this subsection, the court shall determine the extent of
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notice.
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(6) Proceedings for commitment of an individual under 18 years old to a local mental health
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authority may be commenced in accordance with Part 4, Commitment of Persons Under
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Age 18.
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(7)(a) The court may, in the court's discretion, transfer the case to any other district court
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within this state, if the transfer will not be adverse to the interest of the proposed
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patient.
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(b) If a case is transferred under Subsection (7)(a), the parties to the case may be
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transferred and the local mental health authority may be substituted in accordance
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with Utah Rules of Civil Procedure, Rule 25.
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(8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a
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judicial order, or after commitment of a proposed patient to a local mental health
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authority or the local mental health authority's designee under court order for detention
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or examination, the court shall appoint two designated examiners:
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(a) who did not sign the civil commitment application nor the civil commitment
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certification under Subsection (1);
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(b) one of whom is:
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(i) a licensed physician; or
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(ii) a psychiatric mental health nurse practitioner or a psychiatric mental health
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clinical nurse specialist who:
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(A) is nationally certified;
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(B) is doctorally trained; and
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(C) has at least two years of inpatient mental health experience, regardless of the
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license the individual held at the time of that experience; and
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(c) one of whom may be designated by the proposed patient or the proposed patient's
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counsel, if that designated examiner is reasonably available.
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(9) The court shall schedule a hearing to be held within 10 calendar days after the day on
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which the designated examiners are appointed.
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(10)(a) The designated examiners shall:
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(i) conduct the examinations separately;
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(ii) conduct the examinations at the home of the proposed patient, at a hospital or
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other medical facility, or at any other suitable place, including through telehealth,
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that is not likely to have a harmful effect on the proposed patient's health;
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(iii) inform the proposed patient, if not represented by an attorney:
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(A) that the proposed patient does not have to say anything;
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(B) of the nature and reasons for the examination;
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(C) that the examination was ordered by the court;
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(D) that any information volunteered could form part of the basis for the proposed
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patient's involuntary commitment;
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(E) that findings resulting from the examination will be made available to the
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court; and
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(F) that the designated examiner may, under court order, obtain the proposed
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patient's mental health records; and
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(iv) within 24 hours of examining the proposed patient, report to the court, orally or
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in writing, whether the proposed patient is mentally ill, has agreed to voluntary
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commitment, as described in Section 26B-5-360, or has acceptable programs
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available to the proposed patient without court proceedings.
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(b) If a designated examiner reports orally under Subsection (10)(a), the designated
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examiner shall immediately send a written report to the clerk of the court.
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(11) If a designated examiner is unable to complete an examination on the first attempt
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because the proposed patient refuses to submit to the examination, the court shall fix a
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reasonable compensation to be paid to the examiner.
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(12) If the local mental health authority, the local mental health authority's designee, or a
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medical examiner determines before the court hearing that the conditions justifying the
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findings leading to a commitment hearing no longer exist, the local mental health
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authority, the local mental health authority's designee, or the medical examiner shall
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immediately report the determination to the court.
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(13) The court may terminate the proceedings and dismiss the application at any time,
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including before the hearing, if the designated examiners or the local mental health
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authority or the local mental health authority's designee informs the court that the
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proposed patient:
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(a) does not meet the criteria in Subsection (16);
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(b) has agreed to voluntary commitment, as described in Section 26B-5-360;
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(c) has acceptable options for treatment programs that are available without court
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proceedings; or
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(d) meets the criteria for assisted outpatient treatment described in Section 26B-5-351.
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(14)(a) Before the hearing, the court shall provide the proposed patient an opportunity to
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be represented by counsel, and if neither the proposed patient nor others provide
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counsel, the court shall appoint counsel and allow counsel sufficient time to consult
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with the proposed patient before the hearing.
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(b) In the case of an indigent proposed patient, the county in which the proposed patient
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resides or is found shall make payment of reasonable attorney fees for counsel, as
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determined by the court.
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(15)(a)(i) The court shall afford the proposed patient, the applicant, and any other
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person to whom notice is required to be given an opportunity to appear at the
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hearing, to testify, and to present and cross-examine witnesses.
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(ii) The court may, in the court's discretion, receive the testimony of any other person.
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(iii) The court may allow a waiver of the proposed patient's right to appear for good
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cause, which cause shall be set forth in the record, or an informed waiver by the
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patient, which shall be included in the record.
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(b) The court is authorized to exclude any person not necessary for the conduct of the
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proceedings and may, upon motion of counsel, require the testimony of each
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designated examiner to be given out of the presence of any other designated
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examiners.
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(c) The court shall conduct the hearing in as informal a manner as may be consistent
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with orderly procedure, and in a physical setting that is not likely to have a harmful
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effect on the mental health of the proposed patient, while preserving the due process
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rights of the proposed patient.
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(d) The court shall consider any relevant historical and material information that is
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offered, subject to the rules of evidence, including reliable hearsay under Utah Rules
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of Evidence, Rule 1102.
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(e)(i) A local mental health authority or the local mental health authority's designee
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or the physician in charge of the proposed patient's care shall, at the time of the
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hearing, provide the court with the following information:
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(A) the detention order;
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(B) admission notes;
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(C) the diagnosis;
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(D) any doctors' orders;
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(E) progress notes;
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(F) nursing notes;
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(G) medication records pertaining to the current commitment; and
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(H) whether the proposed patient has previously been civilly committed or under
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an order for assisted outpatient treatment.
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(ii) The information described in Subsection (15)(e)(i) shall also be supplied to the
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proposed patient's counsel at the time of the hearing, and at any time prior to the
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hearing upon request.
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(16)(a) The court shall order commitment of an adult proposed patient to a local mental
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health authority if, upon completion of the hearing and consideration of the
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information presented, the court finds by clear and convincing evidence that:
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(i)(A) the proposed patient has a mental illness;
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(B) because of the proposed patient's mental illness the proposed patient poses a
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substantial danger to self or others;
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(C) the proposed patient lacks the ability to engage in a rational decision-making
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process regarding the acceptance of mental treatment as demonstrated by
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evidence of inability to weigh the possible risks of accepting or rejecting
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treatment;
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(D) there is no appropriate less-restrictive alternative to a court order of
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commitment; and
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(E) the local mental health authority can provide the proposed patient with
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treatment that is adequate and appropriate to the proposed patient's conditions
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and needs; or
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(ii)(A) the proposed patient has been charged with a criminal offense;
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(B) with respect to the charged offense, the proposed patient is found incompetent
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to proceed as a result of a mental illness;
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(C) the proposed patient has a mental illness;
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(D) the proposed patient has a persistent unawareness of their mental illness and
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the negative consequences of that illness, or within the preceding six months
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has been requested or ordered to undergo mental health treatment but has
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unreasonably refused to undergo that treatment;
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(E) there is no appropriate less-restrictive alternative to a court order of
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commitment; and
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(F) the local mental health authority can provide the proposed patient with
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treatment that is adequate and appropriate to the proposed patient's conditions
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and needs.
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(b)(i) If, at the hearing, the court determines that the proposed patient has a mental
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illness but does not meet the other criteria described in Subsection (16)(a), the
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court may consider whether the proposed patient meets the criteria for assisted
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outpatient treatment under Section 26B-5-351.
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(ii) The court may order the proposed patient to receive assisted outpatient treatment
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in accordance with Section 26B-5-351 if, at the hearing, the court finds the
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proposed patient meets the criteria for assisted outpatient treatment under Section
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26B-5-351.
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(iii) If the court determines that neither the criteria for commitment under Subsection
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(16)(a) nor the criteria for assisted outpatient treatment under Section 26B-5-351
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are met, the court shall dismiss the proceedings after the hearing.
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(17)(a)(i) The order of commitment shall designate the period for which the patient
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shall be treated.
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(ii) If the patient is not under an order of commitment at the time of the hearing, the
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patient's treatment period may not exceed six months without a review hearing.
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(iii) Upon a review hearing, to be commenced before the expiration of the previous
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order of commitment, an order for commitment may be for an indeterminate
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period, if the court finds by clear and convincing evidence that the criteria
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described in Subsection (16) will last for an indeterminate period.
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(b)(i) The court shall maintain a current list of all patients under the court's order of
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commitment and review the list to determine those patients who have been under
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an order of commitment for the court designated period.
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(ii) At least two weeks before the expiration of the designated period of any order of
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commitment still in effect, the court that entered the original order of commitment
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shall inform the appropriate local mental health authority or the local mental
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health authority's designee of the expiration.
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(iii) Upon receipt of the information described in Subsection (17)(b)(ii), the local
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mental health authority or the local mental health authority's designee shall
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immediately reexamine the reasons upon which the order of commitment was
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based.
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(iv) If, after reexamination under Subsection (17)(b)(iii), the local mental health
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authority or the local mental health authority's designee determines that the
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conditions justifying commitment no longer exist, the local mental health
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authority or the local mental health authority's designee shall discharge the patient
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from involuntary commitment and immediately report the discharge to the court.
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(v) If, after reexamination under Subsection (17)(b)(iii), the local mental health
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authority or the local mental health authority's designee determines that the
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conditions justifying commitment continue to exist, the court shall immediately
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appoint two designated examiners and proceed under Subsections (8) through (14).
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(c)(i) The local mental health authority or the local mental health authority's designee
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responsible for the care of a patient under an order of commitment for an
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indeterminate period shall, at six-month intervals, reexamine the reasons upon
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which the order of indeterminate commitment was based.
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(ii) If the local mental health authority or the local mental health authority's designee
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determines that the conditions justifying commitment no longer exist, the local
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mental health authority or the local mental health authority's designee shall
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discharge the patient from the local mental health authority's or the local mental
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health authority designee's custody and immediately report the discharge to the
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court.
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(iii) If the local mental health authority or the local mental health authority's designee
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determines that the conditions justifying commitment continue to exist, the local
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mental health authority or the local mental health authority's designee shall send a
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written report of the findings to the court.
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(iv) A patient and the patient's counsel of record shall be notified in writing that the
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involuntary commitment will be continued under Subsection (17)(c)(iii), the
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reasons for the decision to continue, and that the patient has the right to a review
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hearing by making a request to the court.
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(v) Upon receiving a request under Subsection (17)(c)(iv), the court shall
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immediately appoint two designated examiners and proceed under Subsections (8)
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through (14).
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(18)(a) Any patient committed as a result of an original hearing or a patient's legally
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designated representative who is aggrieved by the findings, conclusions, and order of
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the court entered in the original hearing has the right to a new hearing upon a petition
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filed with the court within 30 days after the day on which the court order is entered.
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(b) The petition shall allege error or mistake in the findings, in which case the court shall
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appoint three impartial designated examiners previously unrelated to the case to
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conduct an additional examination of the patient.
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(c) Except as provided in Subsection (18)(b), the court shall, in all other respects,
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conduct the new hearing in the manner otherwise permitted.
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(19) The county in which the proposed patient resides or is found shall pay the costs of all
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proceedings under this section.
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(20)(a) A local mental health authority or the local mental health authority's designee
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shall provide discharge instructions to each individual committed under this section
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at or before the time the individual is discharged from the local mental health
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authority's custody, regardless of the circumstances under which the individual is
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discharged.
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(b) Discharge instructions provided under Subsection (20)(a) shall include:
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[(i) a summary of why the individual was committed to the local mental health
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authority;]
437
[(ii) detailed information about why the individual is being discharged from the local
438
mental health authority's custody;]
439
[(iii)] (i) a safety plan for the individual based on the individual's mental illness or
440
mental or emotional state, if applicable;
441
[(iv)] (ii) notification to the individual's primary care provider, if applicable;
442
[(v)] (iii) if the individual is discharged without food, housing, or economic security, a
443
referral to appropriate services, if such services exist in the individual's
444
community;
445
[(vi)] (iv) the phone number to call or text for a crisis services hotline, and
446
information about the availability of peer support services;
447
[(vii)] (v) a copy of any psychiatric advance directive[ presented to the local mental
448
health authority], if applicable;
449
[(viii)] (vi) information about how to establish a psychiatric advance directive if one [
450
was not presented to the local mental health authority] has not been completed;
451
[(ix)] (vii) as applicable, information about medications that were changed or
452
discontinued during the commitment;
453
[(x) a list of any screening or diagnostic tests conducted during the commitment;]
454
[(xi) a summary of therapeutic treatments provided during the commitment;]
455
[(xii) any laboratory work, including blood samples or imaging, that was completed
456
or attempted during the commitment; and]
457
[(xiii)] (viii) information about how to contact the local mental health authority [if
458
needed] or established provider as appropriate; and
459
(ix) information about how to request a copy of the individual's medical record and
460
how to access the electronic patient portal for the individual's medical record.
461
(c) If an individual's medications were changed, or if an individual was prescribed new
462
medications while committed under this section, discharge instructions provided
463
under Subsection (20)(a) shall include a clinically appropriate supply of medications,
464
as determined by a licensed health care provider, to allow the individual time to
465
access another health care provider or follow-up appointment.
466
(d) Discharge instructions shall be provided in paper or electronic format based on the
467
individual's preference.
468
[(d)] (e) If an individual refuses to accept discharge instructions, the local mental health
469
authority shall document the refusal in the individual's medical record.
- 14 - Enrolled Copy H.B. 56
470
[(e)] (f) If an individual's discharge instructions include referrals to services under
471
Subsection [(20)(b)(v)] (20)(b)(iii), the local mental health authority shall document
472
those referrals in the individual's medical record.
473
[(f)] (g) The local mental health authority shall attempt to follow up with a discharged
474
individual at least 48 hours after discharge, when appropriate, and may use peer
475
support professionals when performing follow-up care or developing a continuing
476
care plan.
477
(21) If any provision of Subsection (16)(a)(ii) or the application of any provision of
478
Subsection (16)(a)(ii) to any person or circumstance is held invalid by a court with
479
jurisdiction, the remainder of Subsection (16)(a)(ii) shall be given effect without the
480
invalid provision or application. The provisions of Subsection (16)(a)(ii) are severable.
481
Section 3. Section 26B-6-607 is amended to read:
482
26B-6-607 . Temporary emergency commitment -- Observation and evaluation.
483
(1) The director of the division or his designee may temporarily commit an individual to the
484
division and therefore, as a matter of course, to an intermediate care facility for people
485
with an intellectual disability for observation and evaluation upon:
486
(a) written application by a responsible person who has reason to know that the
487
individual is in need of commitment, stating:
488
(i) a belief that the individual has an intellectual disability and is likely to cause
489
serious injury to self or others if not immediately committed;
490
(ii) personal knowledge of the individual's condition; and
491
(iii) the circumstances supporting that belief; or
492
(b) certification by a licensed physician or designated intellectual disability professional
493
stating that the physician or designated intellectual disability professional:
494
(i) has examined the individual within a three-day period immediately preceding the
495
certification; and
496
(ii) is of the opinion that the individual has an intellectual disability, and that because
497
of the individual's intellectual disability is likely to injure self or others if not
498
immediately committed.
499
(2) If the individual in need of commitment is not placed in the custody of the director or
500
the director's designee by the person submitting the application, the director's or the
501
director's designee may certify, either in writing or orally that the individual is in need of
502
immediate commitment to prevent injury to self or others.
503
(3) Upon receipt of the application required by Subsection (1)(a) and the certifications
- 15 - H.B. 56 Enrolled Copy
504
required by Subsections (1)(b) and (2), a peace officer may take the individual named in
505
the application and certificates into custody, and may transport the individual to a
506
designated intermediate care facility for people with an intellectual disability.
507
(4)(a) An individual committed under this section may be held for a maximum of 72
508
hours, excluding Saturdays, Sundays, and [legal] state holidays. At the expiration of
509
that time, the individual shall be released unless proceedings for involuntary
510
commitment have been commenced under Section 26B-6-608.
511
(b) After proceedings for involuntary commitment have been commenced the individual
512
shall be released unless an order of detention is issued in accordance with Section
513
26B-6-608.
514
(5) If an individual is committed to the division under this section on the application of any
515
person other than the individual's legal guardian, spouse, parent, or next of kin, the
516
director or his designee shall immediately give notice of the commitment to the
517
individual's legal guardian, spouse, parent, or next of kin, if known.
518
(6)(a) The division or an intermediate care facility shall provide discharge instructions to
519
each individual committed under this section at or before the time the individual is
520
discharged from the custody of the division or intermediate care facility, regardless of
521
whether the individual is discharged by being released or under other circumstances.
522
(b) Discharge instructions provided under Subsection (6)(a) shall include:
523
[(i) a summary of why the individual was committed;]
524
[(ii) detailed information about why the individual is being discharged;]
525
[(iii) a safety plan for the individual based on the individual's intellectual disability
526
and condition;]
527
[(iv) notification to the individual's primary care provider, if applicable;]
528
[(v) if the individual is discharged without food, housing, or economic security, a
529
referral to appropriate services, if such services exist in the individual's
530
community;]
531
[(vi)] (i) the phone number to call or text for a crisis services hotline, and information
532
about the availability of peer support services; and
533
[(vii) a copy of any advance directive presented to the local mental health authority,
534
if applicable;]
535
[(viii) information about how to establish an advance directive if one was not
536
presented to the division or intermediate care facility;]
537
[(ix) as applicable, information about medications that were changed or discontinued
- 16 - Enrolled Copy H.B. 56
538
during the commitment;]
539
[(x) a list of any screening or diagnostic tests conducted during the commitment;]
540
[(xi) a summary of therapeutic treatments provided during the commitment;]
541
[(xii) any laboratory work, including blood samples or imaging, that was completed
542
or attempted during the commitment; and]
543
[(xiii)] (ii) information about how to contact the division or intermediate care facility
544
if needed.
545
[(c) If an individual's medications were changed, or if an individual was prescribed new
546
medications while committed under this section, discharge instructions provided
547
under Subsection (6)(a) shall include a clinically appropriate supply of medications,
548
as determined by a licensed health care provider, to allow the individual time to
549
access another health care provider or follow-up appointment.]
550
[(d) If an individual refuses to accept discharge instructions, the division or intermediate
551
care facility shall document the refusal in the individual's medical record.]
552
[(e) If an individual's discharge instructions include referrals to services under
553
Subsection (6)(b)(v), the division or intermediate care facility shall document those
554
referrals in the individual's medical record.]
555
[(f)] (c) The division shall attempt to follow up with a discharged individual at least 48
556
hours after discharge, and may use peer support professionals when performing
557
follow-up care or developing a continuing care plan.
558
Section 4. Section 26B-6-608 is amended to read:
559
26B-6-608 . Involuntary commitment -- Procedures -- Necessary findings --
560
Periodic review.
561
(1) Any responsible person who has reason to know that an individual is in need of
562
commitment, who has a belief that the individual has an intellectual disability, and who
563
has personal knowledge of the conditions and circumstances supporting that belief, may
564
commence proceedings for involuntary commitment by filing a written petition with the
565
district court, or if the subject of the petition is less than 18 years old with the juvenile
566
court, of the county in which the individual to be committed is physically located at the
567
time the petition is filed. The application shall be accompanied by:
568
(a) a certificate of a licensed physician or a designated intellectual disability
569
professional, stating that within a seven-day period immediately preceding the
570
certification, the physician or designated intellectual disability professional examined
571
the individual and believes that the individual has an intellectual disability and is in
- 17 - H.B. 56 Enrolled Copy
572
need of involuntary commitment; or
573
(b) a written statement by the petitioner that:
574
(i) states that the individual was requested to, but refused to, submit to an
575
examination for an intellectual disability by a licensed physician or designated
576
intellectual disability professional, and that the individual refuses to voluntarily go
577
to the division or an intermediate care facility for people with an intellectual
578
disability recommended by the division for treatment;
579
(ii) is under oath; and
580
(iii) sets forth the facts on which the statement is based.
581
(2) Before issuing a detention order, the court may require the petitioner to consult with
582
personnel at the division or at an intermediate care facility for people with an intellectual
583
disability and may direct a designated intellectual disability professional to interview the
584
petitioner and the individual to be committed, to determine the existing facts, and to
585
report them to the court.
586
(3) The court may issue a detention order and may direct a peace officer to immediately
587
take the individual to an intermediate care facility for people with an intellectual
588
disability to be detained for purposes of an examination if the court finds from the
589
petition, from other statements under oath, or from reports of physicians or designated
590
intellectual disability professionals that there is a reasonable basis to believe that the
591
individual to be committed:
592
(a) poses an immediate danger of physical injury to self or others;
593
(b) requires involuntary commitment pending examination and hearing;
594
(c) the individual was requested but refused to submit to an examination by a licensed
595
physician or designated intellectual disability professional; or
596
(d) the individual refused to voluntarily go to the division or to an intermediate care
597
facility for people with an intellectual disability recommended by the division.
598
(4)(a) If the court issues a detention order based on an application that did not include a
599
certification by a designated intellectual disability professional or physician in
600
accordance with Subsection (1)(a), the director or his designee shall within 24 hours
601
after issuance of the detention order, excluding Saturdays, Sundays, and legal
602
holidays, examine the individual, report the results of the examination to the court
603
and inform the court:
604
(i) whether the director or his designee believes that the individual has an intellectual
605
disability; and
- 18 - Enrolled Copy H.B. 56
606
(ii) whether appropriate treatment programs are available and will be used by the
607
individual without court proceedings.
608
(b) If the report of the director or his designee is based on an oral report of the examiner,
609
the examiner shall immediately send the results of the examination in writing to the
610
clerk of the court.
611
(5) Immediately after an individual is involuntarily committed under a detention order or
612
under Section 26B-6-607, the director or his designee shall inform the individual, orally
613
and in writing, of his right to communicate with an attorney. If an individual desires to
614
communicate with an attorney, the director or his designee shall take immediate steps to
615
assist the individual in contacting and communicating with an attorney.
616
(6)(a) Immediately after commencement of proceedings for involuntary commitment,
617
the court shall give notice of commencement of the proceedings to:
618
(i) the individual to be committed;
619
(ii) the applicant;
620
(iii) any legal guardian of the individual;
621
(iv) adult members of the individual's immediate family;
622
(v) legal counsel of the individual to be committed, if any;
623
(vi) the division; and
624
(vii) any other person to whom the individual requests, or the court designates, notice
625
to be given.
626
(b) If an individual cannot or refuses to disclose the identity of persons to be notified,
627
the extent of notice shall be determined by the court.
628
(7) That notice shall:
629
(a) set forth the allegations of the petition and all supporting facts;
630
(b) be accompanied by a copy of any detention order issued under Subsection (3); and
631
(c) state that a hearing will be held within the time provided by law, and give the time
632
and place for that hearing.
633
(8) The court may transfer the case and the custody of the individual to be committed to any
634
other district court within the state, if:
635
(a) there are no appropriate facilities for persons with an intellectual disability within the
636
judicial district; and
637
(b) the transfer will not be adverse to the interests of the individual.
638
(9)(a) Within 24 hours, excluding Saturdays, Sundays, and [legal] state holidays, after
639
any order or commitment under a detention order, the court shall appoint two
- 19 - H.B. 56 Enrolled Copy
640
designated intellectual disability professionals to examine the individual. If
641
requested by the individual's counsel, the court shall appoint a reasonably available,
642
qualified person designated by counsel to be one of the examining designated
643
intellectual disability professionals. The examinations shall be conducted:
644
(i) separately;
645
(ii) at the home of the individual to be committed, a hospital, an intermediate care
646
facility for people with an intellectual disability, or any other suitable place not
647
likely to have a harmful effect on the individual; and
648
(iii) within a reasonable period of time after appointment of the examiners by the
649
court.
650
(b) The court shall set a time for a hearing to be held within 10 court days of the
651
appointment of the examiners. However, the court may immediately terminate the
652
proceedings and dismiss the application if, prior to the hearing date, the examiners,
653
the director, or his designee informs the court that:
654
(i) the individual does not have an intellectual disability; or
655
(ii) treatment programs are available and will be used by the individual without court
656
proceedings.
657
(10)(a) Each individual has the right to be represented by counsel at the commitment
658
hearing and in all preliminary proceedings. If neither the individual nor others
659
provide counsel, the court shall appoint counsel and allow sufficient time for counsel
660
to consult with the individual prior to any hearing.
661
(b) If the individual is indigent, the county in which the individual was physically
662
located when taken into custody shall pay reasonable attorney fees as determined by
663
the court.
664
(11) The division or a designated intellectual disability professional in charge of the
665
individual's care shall provide all documented information on the individual to be
666
committed and to the court at the time of the hearing. The individual's attorney shall
667
have access to all documented information on the individual at the time of and prior to
668
the hearing.
669
(12)(a) The court shall provide an opportunity to the individual, the petitioner, and all
670
other persons to whom notice is required to be given to appear at the hearing, to
671
testify, and to present and cross-examine witnesses.
672
(b) The court may, in its discretion:
673
(i) receive the testimony of any other person;
- 20 - Enrolled Copy H.B. 56
674
(ii) allow a waiver of the right to appear only for good cause shown;
675
(iii) exclude from the hearing all persons not necessary to conduct the proceedings;
676
and
677
(iv) upon motion of counsel, require the testimony of each examiner to be given out
678
of the presence of any other examiner.
679
(c) The hearing shall be conducted in as informal a manner as may be consistent with
680
orderly procedure, and in a physical setting that is not likely to have a harmful effect
681
on the individual. The Utah Rules of Evidence apply, and the hearing shall be a
682
matter of court record. A verbatim record of the proceedings shall be maintained.
683
(13) The court may order commitment if, upon completion of the hearing and consideration
684
of the record, it finds by clear and convincing evidence that all of the following
685
conditions are met:
686
(a) the individual to be committed has an intellectual disability;
687
(b) because of the individual's intellectual disability one or more of the following
688
conditions exist:
689
(i) the individual poses an immediate danger of physical injury to self or others;
690
(ii) the individual lacks the capacity to provide the basic necessities of life, such as
691
food, clothing, or shelter; or
692
(iii) the individual is in immediate need of habilitation, rehabilitation, care, or
693
treatment to minimize the effects of the condition which poses a threat of serious
694
physical or psychological injury to the individual, and the individual lacks the
695
capacity to engage in a rational decision-making process concerning the need for
696
habilitation, rehabilitation, care, or treatment, as evidenced by an inability to
697
weigh the possible costs and benefits of the care or treatment and the alternatives
698
to it;
699
(c) there is no appropriate, less restrictive alternative reasonably available; and
700
(d) the division or the intermediate care facility for people with an intellectual disability
701
recommended by the division in which the individual is to be committed can provide
702
the individual with treatment, care, habilitation, or rehabilitation that is adequate and
703
appropriate to the individual's condition and needs.
704
(14) In the absence of any of the required findings by the court, described in Subsection (13),
705
the court shall dismiss the proceedings.
706
(15)(a) The order of commitment shall designate the period for which the individual will
707
be committed. An initial commitment may not exceed six months. Before the end of
- 21 - H.B. 56 Enrolled Copy
708
the initial commitment period, the administrator of the intermediate care facility for
709
people with an intellectual disability shall commence a review hearing on behalf of
710
the individual.
711
(b) At the conclusion of the review hearing, the court may issue an order of commitment
712
for up to a one-year period.
713
(16) An individual committed under this part has the right to a rehearing, upon filing a
714
petition with the court within 30 days after entry of the court's order. If the petition for
715
rehearing alleges error or mistake in the court's findings, the court shall appoint one
716
impartial licensed physician and two impartial designated intellectual disability
717
professionals who have not previously been involved in the case to examine the
718
individual. The rehearing shall, in all other respects, be conducted in accordance with
719
this part.
720
(17)(a) The court shall maintain a current list of all individuals under its orders of
721
commitment. That list shall be reviewed in order to determine those patients who
722
have been under an order of commitment for the designated period.
723
(b) At least two weeks prior to the expiration of the designated period of any
724
commitment order still in effect, the court that entered the original order shall inform
725
the director of the division of the impending expiration of the designated
726
commitment period.
727
(c) The staff of the division shall immediately:
728
(i) reexamine the reasons upon which the order of commitment was based and report
729
the results of the examination to the court;
730
(ii) discharge the resident from involuntary commitment if the conditions justifying
731
commitment no longer exist; and
732
(iii) immediately inform the court of any discharge.
733
(d) If the director of the division reports to the court that the conditions justifying
734
commitment no longer exist, and the administrator of the intermediate care facility
735
for people with an intellectual disability does not discharge the individual at the end
736
of the designated period, the court shall order the immediate discharge of the
737
individual, unless involuntary commitment proceedings are again commenced in
738
accordance with this section.
739
(e) If the director of the division, or the director's designee reports to the court that the
740
conditions designated in Subsection (13) still exist, the court may extend the
741
commitment order for up to one year. At the end of any extension, the individual
- 22 - Enrolled Copy H.B. 56
742
must be reexamined in accordance with this section, or discharged.
743
(18) When a resident is discharged under this subsection, the division shall provide any
744
further support services available and required to meet the resident's needs.
745
(19)(a) The division or an intermediate care facility shall provide discharge instructions
746
to each individual committed under this section at or before the time the individual is
747
discharged from the custody of the division or intermediate care facility, regardless of
748
whether the individual is discharged by being released or under other circumstances.
749
(b) Discharge instructions provided under Subsection (19)(a) shall include:
750
[(i) a summary of why the individual was committed;]
751
[(ii) detailed information about why the individual is being discharged;]
752
[(iii) a safety plan for the individual based on the individual's intellectual disability
753
and condition;]
754
[(iv) notification to the individual's primary care provider, if applicable;]
755
[(v) if the individual is discharged without food, housing, or economic security, a
756
referral to appropriate services, if such services exist in the individual's
757
community;]
758
[(vi)] (i) the phone number to call or text for a crisis services hotline, and information
759
about the availability of peer support services; and
760
[(vii) a copy of any advance directive presented to the local mental health authority,
761
if applicable;]
762
[(viii) information about how to establish an advance directive if one was not
763
presented to the division or intermediate care facility;]
764
[(ix) as applicable, information about medications that were changed or discontinued
765
during the commitment;]
766
[(x) a list of any screening or diagnostic tests conducted during the commitment;]
767
[(xi) a summary of therapeutic treatments provided during the commitment;]
768
[(xii) any laboratory work, including blood samples or imaging, that was completed
769
or attempted during the commitment; and]
770
[(xiii)] (ii) information about how to contact the division or intermediate care facility
771
if needed.
772
[(c) If an individual's medications were changed, or if an individual was prescribed new
773
medications while committed under this section, discharge instructions provided
774
under Subsection (19)(a) shall include a clinically appropriate supply of medications,
775
as determined by a licensed health care provider, to allow the individual time to
- 23 - H.B. 56 Enrolled Copy
776
access another health care provider or follow-up appointment.]
777
[(d) If an individual refuses to accept discharge instructions, the division or intermediate
778
care facility shall document the refusal in the individual's medical record.]
779
[(e) If an individual's discharge instructions include referrals to services under
780
Subsection (19)(b)(v), the division or intermediate care facility shall document those
781
referrals in the individual's medical record.]
782
[(f)] (c) The division shall attempt to follow up with a discharged individual at least 48
783
hours after discharge, and may use peer support professionals when performing
784
follow-up care or developing a continuing care plan.
785
Section 5. Effective Date.
786
This bill takes effect on May 7, 2025.
- 24 -