77-16a-201 - Probation.
77-16a-201. Probation.
(1) (a) In felony cases, when the court proposes to place on probation a defendant who haspled or is found guilty and mentally ill at the time of the offense, it shall request UDC to providea presentence investigation report regarding whether probation is appropriate for that defendantand, if so, recommending a specific treatment program. If the defendant is placed on probation,that treatment program shall be made a condition of probation, and the defendant shall remainunder the jurisdiction of the sentencing court.
(b) The court may not place an offender who has been convicted of the felony offenseslisted in Section 76-3-406 on probation, regardless of whether he is or has been mentally ill.
(2) The period of probation for a felony offense committed by a person who has beenfound guilty and mentally ill at the time of the offense may be for no less than five years. Probation for those offenders may not be subsequently reduced by the sentencing court withoutconsideration of an updated report on the mental health status of the defendant.
(3) (a) Treatment ordered by the court under this section may be provided by or undercontract with the department, a mental health facility, a local mental health authority, or, with theapproval of the sentencing court, any other public or private mental health provider.
(b) The entity providing treatment under this section shall file a report with thedefendant's probation officer at least every six months during the term of probation.
(c) Any request for termination of probation regarding a defendant who is receivingtreatment under this section shall include a current mental health report prepared by the treatmentprovider.
(4) Failure to continue treatment or any other condition of probation, except by agreementwith the entity providing treatment and the sentencing court, is a basis for initiating probationviolation hearings.
(5) The court may not release a mentally ill offender into the community, as a part ofprobation, if it finds by clear and convincing evidence that he:
(a) poses an immediate physical danger to himself or others, including jeopardizing hisown or others' safety, health, or welfare if released into the community; or
(b) lacks the ability to provide the basic necessities of life, such as food, clothing, andshelter, if released into the community.
(6) A mentally ill offender who is not eligible for release into the community under theprovisions of Subsection (5) may be placed by the court, on probation, in an appropriate mentalhealth facility.
Amended by Chapter 61, 2002 General Session