Section 77-16a-103 - Plea of guilty with a mental condition - Procedures - Sentencing - Reduction - Costs(1)(a)(i) If a defendant wishes to enter a plea of guilty with a mental condition, the parties may stipulate as to:(A) whether the defendant had a mental condition at the time of the commission of the offense; and(B) whether the defendant could benefit from supervision or treatment.(ii) If the parties stipulate as described in Subsection (1)(a)(i), the court shall enter findings consistent with the parties' stipulation if the stipulation is supported by sufficient evidence.(b) If the parties do not stipulate to Subsection (1)(a)(i), the court shall hold a hearing and determine, by clear and convincing evidence: (i) whether the defendant had a mental condition at the time of the commission of the offense; and(ii) whether the defendant could benefit from supervision or treatment.(c) After reviewing the stipulation described in Subsection (1)(a)(i) or conducting a hearing under Subsection (1)(b): (i) if the court finds that the defendant had a mental condition at the time of the offense, the court shall accept the defendant's plea of guilty with a mental condition; or(ii) if the court finds that the defendant did not have a mental condition at the time of the offense, the court may not accept the defendant's plea of guilty with a mental condition.(2)(a) If a defendant wishes to enter a plea of guilty with a mental condition for a felony offense and the parties do not stipulate to Subsection (1)(a)(i), before holding the hearing described in Subsection (1)(b), the court may order the defendant to submit to an examination, which may be conducted only by a forensic evaluator appointed by the department, to determine: (i) whether the defendant had a mental condition at the time of the commission of the offense;(ii) whether the defendant could benefit from supervision or treatment; or(iii) whether the defendant currently is competent to enter a plea.(b)(i) If a defendant wishes to enter a plea of guilty with a mental condition for a misdemeanor offense and the parties do not stipulate to Subsection (1)(a)(i), before holding the hearing described in Subsection (1)(b), the court may order the defendant to submit to an examination by a forensic evaluator.(ii) The examination shall determine:(A) whether the defendant had a mental condition at the time of the commission of the offense;(B) whether the defendant could benefit from supervision or treatment; or(C) whether the defendant currently is competent to enter a plea.(c) Before an examination is conducted pursuant to Subsection (1)(b) or this Subsection (2): (i) the petitioner or other party, as directed by the court or requested by the department, shall provide to the forensic evaluation provider nonmedical information and materials relevant to a treatment assessment, including the charging document, arrest or incident reports pertaining to the charged offense, known criminal history information, and known prior mental health evaluations and treatments; and(ii) for purposes of a guilty with a mental condition evaluation, a custodian of mental health records pertaining to the defendant, including the defendant's prior mental health evaluations or records relating to the defendant's substance use disorder, may provide the records to: (A) with the defendant's consent, a forensic evaluation provider or the department on the department's request; or(B) pursuant to an order of the court, a forensic evaluation provider.(3)(a) If a defendant relies on a private mental health evaluation in support of the defendant's plea of guilty with a mental condition and the parties do not stipulate to Subsection (1)(a)(i), upon the request of the prosecutor before the hearing described in Subsection (1)(b), the court shall order the defendant to submit to an examination by: (i) the department if the offense is a felony; or(ii) the department or a forensic evaluator if the offense is a misdemeanor.(b) The petitioner or other party, as directed by the court or requested by the department, shall provide to the private mental health evaluation provider nonmedical information and materials relevant to a treatment assessment, including the charging document, arrest or incident reports pertaining to the charged offense, known criminal history information, and known prior mental health evaluations and treatments.(c) For purposes of a guilty with a mental condition evaluation, a custodian of mental health records pertaining to the defendant, including the defendant's prior mental health evaluations or records relating to the defendant's substance use disorder, may provide the records to: (i) with the defendant's consent, a private mental health evaluation provider or the department on the department's request; or(ii) pursuant to an order of the court, a private mental health evaluation provider.(4) If a court finds that a defendant was guilty with a mental condition at the time of the offense in accordance with Subsection (1)(c)(i) but would not benefit from available supervision or treatment, the court shall hold a sentencing hearing within 45 days of the entry of the defendant's plea of guilty with a mental condition.(5)(a) If a court finds that a defendant had a mental condition at the time of the commission of the offense, the defendant could benefit from supervision or treatment, and has entered a plea of guilty with a mental condition in accordance with Subsection (1)(c)(i), the court: (i) shall order:(A) the department to provide a treatment assessment of the defendant and to submit to the court treatment recommendations for the defendant; or(B) the defendant to arrange for a treatment assessment of the defendant with a private provider and for the private provider to submit to the court treatment recommendations for the defendant;(ii) shall schedule a treatment review hearing within 30 days after the day on which the court entered the plea of guilty with a mental condition; and(iii) may defer sentencing for up to one year in accordance with Subsection (6), if the defendant consents to a deferred sentence.(b) The petitioner or other party, as directed by the court or requested by the department, shall provide to the treatment assessment provider nonmedical information and materials relevant to a treatment assessment, including the charging document, arrest or incident reports pertaining to the charged offense, known criminal history information, and known prior mental health evaluations and treatments.(c) For purposes of a guilty with a mental condition treatment assessment, a custodian of mental health records pertaining to the defendant, including the defendant's prior mental health evaluations or records relating to the defendant's substance use disorder, may provide the records to:(i) with the defendant's consent, a treatment assessment provider or the department on the department's request; or(ii) pursuant to an order of the court, a treatment assessment provider.(d) At the treatment review hearing described in Subsection (5)(a)(ii), the court shall: (i) consider all available diagnosis, treatment, and supervision recommendations;(ii) if a party does not agree with treatment recommendations issued by the department under Subsection (5)(a)(i)(A), hold a hearing on the issue of the department's recommendations and make appropriate modifications to the recommendations if necessary; and(iii) order the defendant to comply with all treatment and supervision recommendations that are in the best interest of the defendant and public safety.(e)(i) In determining treatment and supervision recommendations under Subsection (5)(d), the court may order the defendant to be placed in a secure setting as described in Subsections (5)(e)(ii) and (iii) if the court finds that the placement would be in the best interest of the defendant, a victim of the defendant, or public safety.(ii)(A) If the offense is a class C misdemeanor, the court may not place the defendant in a secure setting for more than 90 days.(B) If the offense is a class B misdemeanor, the court may not place the defendant in a secure setting for more than six months.(C) If the offense is a class A misdemeanor or a felony, the court may place the defendant in a secure setting for up to one year.(iii) The court shall, before making a determination as to a secure setting placement, notify the executive director of the proposed placement and provide the department with an opportunity to: (A) evaluate the defendant; and(B) make a recommendation regarding placement to the court.(f) If the court determines that the defendant is eligible for supervised release as part of the defendant's treatment and supervision recommendations under Subsection (5)(d), except as provided in Section 76-3-406, the court may order: (i) if the offense is a felony:(A) supervision by Adult Probation and Parole, or a third party that is approved by Adult Probation and Parole, for a period of up to one year in accordance with the applicable supervision provisions described in Title 64, Chapter 13, Department of Corrections - State Prison; and(B) mental health supervision by: (I) the department or a local mental health authority; or(II) if the court determines that it is appropriate, a public or private entity that provides mental or behavioral health services and is approved by the; or(ii) if the offense is a misdemeanor, mental health supervision by: (A) a local mental health authority; or(B) if the court determines that it is appropriate, a public or private entity that provides mental or behavioral health services and is approved by the department .(g)(i) After the initial review hearing described in Subsection (5)(a), the court shall hold periodic review hearings approximately every 90 days, the frequency of which may be modified by the court.(ii) At a review hearing described in Subsection (5)(g)(i): (A) the department or the department's designee shall report on the progress of the defendant, provide recommendations for the defendant's future care, treatment, and secure or unsecure placement, and advise the court on the medical necessity of treatments for the defendant;(B) the court shall review the status of the defendant and determine whether any changes are needed to the defendant's supervision or treatment plan; and(C) a party may request, if the party has a good faith basis, that the court review or change the defendant's placement within a secure or non-secure setting.(h) If a defendant is willfully non-compliant with the treatment or supervision ordered by the court under this Subsection (5), the court shall hold an order to show cause hearing to determine whether the court should: (i) proceed with sentencing under Subsection (6);(ii) change the defendant's placement to a secure setting;(iii) impose another sanction; or(6)(a) The court shall defer sentencing for a defendant who has pleaded guilty with a mental condition as described in Subsection (5) until: (i) the court determines, after an order to show cause hearing or a review hearing as described in Subsection (5), that: (A) the defendant is willfully non-compliant with treatment or supervision and is unlikely to become compliant with further ordered treatment or supervision; or(B) the defendant has reached the maximum benefit of treatment and supervision; or(ii) one year has elapsed after the day on which the court entered the defendant's plea of guilty with a mental condition.(b) At the sentencing hearing, the court shall: (i) consider all treatment and supervision that has occurred before the sentencing hearing in the defendant's case;(ii) credit any time the defendant has spent in a mental health facility or other residential treatment facility or a secure facility against the defendant's sentence;(iii) consider victim input;(iv) consider the best interests of the defendant, including which sentence will help prevent the defendant:(A) from losing the defendant's ability to control the defendant's state of mental health; and(B) from committing additional criminal conduct related to the defendant's mental condition;(v) consider the best interest of public safety; and(vi) consider any other relevant factor or circumstance.(7)(a) Except as provided in Subsection (7)(b), after a defendant who has been sentenced under Subsection (6) has completed the defendant's sentence and any probation or parole:(i) notwithstanding the contrary provisions in Subsection 76-3-402(4) or 76-3-406(1), the court has jurisdiction to enter a judgment of conviction and shall reduce the judgment of conviction for the offense by two degrees from the original offense; and(ii) notwithstanding the contrary provisions in Subsection 76-3-402(4) or 76-3-406(1), if the prosecuting attorney specifically agrees in writing or on the court record at any time, the court has jurisdiction to consider and enter a judgment of conviction and may enter a judgment of conviction for the offense that is reduced by up to three degrees from the original offense.(b) If a defendant's probation is revoked and any suspended sentence is imposed, the defendant may not receive a reduction under this Subsection (7).(8)(a)(i) Except as provided in Subsection (8)(a)(iv), when the offense is a state offense, expenses of examination, observation, and treatment for the defendant shall be paid by the department when not paid for by the defendant's insurance.(ii) Travel expenses shall be paid by the county where prosecution is commenced.(iii) Expenses of examination for a defendant charged with a violation of a municipal or county ordinance shall be paid by the municipality or county that commenced the prosecution.(iv) The department is not responsible for payment for an evaluation described in Subsection (3)(a)(ii) that is conducted by a forensic evaluator who is privately retained by a party.(b)(i) Provisions in this part for the support at public expense of a defendant with a mental condition do not release an insurer of a defendant with a mental condition from liability for the care or treatment of the defendant with a mental condition.(ii) The department is authorized to collect amounts spent on a defendant with a mental condition from an insurer of the defendant with a mental condition.(iii) A health insurance company may not deny coverage for court-ordered treatment or supervision of a defendant with a mental condition solely based on the fact that the treatment or supervision is ordered by a court if the treatment or supervision is medically necessary and would otherwise be a covered benefit under the defendant's insurance plan.(9) A guilty with a mental condition evaluation conducted under this section is also subject to the procedural requirements of Subsections 77-15-5(8) through (11) and 77-15-6(4)(a).Amended by Chapter TBD, 2024 General Session ,§ 3, eff. 5/1/2024.Added by Chapter 184, 2023 General Session ,§ 15, eff. 5/3/2023.Amended by Chapter 366, 2011 General Session.