01-20 12:56 H.B. 276
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Civil Commitment Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
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LONG TITLE
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General Description:
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This bill addresses involuntary civil commitment.
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Highlighted Provisions:
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This bill:
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▸ requires a designated examiner to conduct an examination of a proposed patient by
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telehealth except in certain circumstances;
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▸ requires a court to hold a hearing on an application for involuntary commitment remotely
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unless the court finds good cause not to hold the hearing remotely;
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▸ requires a court to dismiss a petition for involuntary civil commitment if both designated
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examiners determine that the proposed patient does not meet the criteria for involuntary
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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-5-332, as last amended by Laws of Utah 2024, Chapters 287, 299 and 314
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Be it enacted by the Legislature of the state of Utah:
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Section 1. 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 H.B. 276 01-20 12:56
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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] :
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(A) through telehealth[,] unless the designated examiner determines, after
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attempting to conduct the examination through telehealth, that a telehealth
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examination would not be sufficient to properly assess the proposed patient;
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and
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(B) if the designated examiner determines that a telehealth examination would not
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be sufficient to properly assess the proposed patient under Subsection
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(10)(a)(ii)(A), at the home of the proposed patient, at a hospital or other
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medical facility, or at any other suitable place that is not likely to have a
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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)(a) The court shall terminate the proceedings and dismiss the application before the
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hearing if both designated examiners inform the court that the proposed patient does
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not meet the criteria in Subsection (16).
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(b) 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)] (i) has agreed to voluntary commitment, as described in Section 26B-5-360;
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[(c)] (ii) has acceptable options for treatment programs that are available without
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court proceedings; or
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[(d)] (iii) meets the criteria for assisted outpatient treatment described in Section
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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:
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(i) conduct the hearing in as informal a manner as may be consistent with orderly
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procedure[, and] ; and
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(ii) while preserving the due process rights of the proposed patient:
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(A) conduct the hearing remotely, in accordance with Utah Rules of Civil
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Procedure, Rule 87, unless the court finds good cause not to conduct the
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hearing remotely; or
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(B) if the court finds good cause not to conduct the hearing remotely, conduct the
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hearing in a physical setting that is not likely to have a harmful effect on the
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mental health of the proposed patient[, while preserving the due process rights
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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 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 also supply the
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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 by the proposed patient's counsel.
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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] The local mental health authority or the local mental health authority's
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designee shall notify the patient and the patient's counsel of record [shall be
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notified ]in writing that the involuntary commitment will be continued under
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Subsection (17)(c)(iii), the reasons for the decision to continue, and that the
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patient has the right to a review 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 filing a
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petition [filed ]with the court within 30 days after the day on which the court entered
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the 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 shall provide discharge instructions to each
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individual committed under this section at or before the time the individual is
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discharged from the local mental health authority's custody, regardless of the
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circumstances under which the individual is 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;
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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) a safety plan for the individual based on the individual's mental illness or mental
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or emotional state;
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(iv) notification to the individual's primary care provider, if applicable;
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(v) 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) the phone number to call or text for a crisis services hotline, and information
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about the availability of peer support services;
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(vii) a copy of any psychiatric advance directive presented to the local mental health
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authority, if applicable;
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(viii) information about how to establish a psychiatric advance directive if one was
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not presented to the local mental health authority;
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(ix) as applicable, information about medications that were changed or discontinued
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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 or
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attempted during the commitment; and
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(xiii) information about how to contact the local mental health authority if needed.
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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 (20)(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) If an individual refuses to accept discharge instructions, the local mental health
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authority shall document the refusal in the individual's medical record.
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(e) If an individual's discharge instructions include referrals to services under Subsection
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(20)(b)(v), the local mental health authority shall document those referrals in the
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individual's medical record.
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(f) The local mental health authority shall attempt to follow up with a discharged
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individual at least 48 hours after discharge, and may use peer support professionals
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when performing follow-up care or developing a continuing care plan.
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(21) If any provision of Subsection (16)(a)(ii) or the application of any provision of
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Subsection (16)(a)(ii) to any person or circumstance is held invalid by a court with
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jurisdiction, the remainder of Subsection (16)(a)(ii) shall be given effect without the
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invalid provision or application. The provisions of Subsection (16)(a)(ii) are severable.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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