Title 77 - Utah Code of Criminal Procedure - Chapter 15 - Inquiry into Sanity of Defendant - Section 9 - Expenses.


Published: 2018-05-08

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Utah Code

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Effective 5/8/2018 77-15-9 Expenses. (1) In determining the competence of a defendant to proceed, expenses of examination,

observation, or treatment, excluding travel to and from any mental health facility, shall be charged to the department when the offense is a state offense. Travel expenses incurred by the defendant shall be charged to the county where prosecution is commenced. Examination of a defendant on local ordinance violations shall be charged by the department to the municipality or county commencing the prosecution.

(2) When examination is initiated by the court or on motion of the prosecutor, expenses of commitment and treatment of the defendant, if the defendant is determined to be incompetent to proceed, shall also be charged to the department.

(3) Expenses of examination, treatment, or confinement in a mental health facility for any individual who has been convicted of a crime and placed in a state correctional facility shall be charged to the Department of Corrections.

(4) If, after evaluation, the court determines that a defendant is competent to stand trial, all subsequent costs are charged to the county commencing prosecution. If the defendant requested the examination and is found to be competent to stand trial by the court, the department may recover the expenses of the examination from the defendant.

Amended by Chapter 147, 2018 General Session