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Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

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DAR File <strong>No</strong>. 35596NOTICES OF PROPOSED RULES♦ LOCAL GOVERNMENTS: Because this amendment isformatting only, there is no cost or savings to localgovernments.♦ SMALL BUSINESSES: Because this amendment isformatting only, there is no cost or savings to smallbusinesses.♦ PERSONS OTHER THAN SMALL BUSINESSES,BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES:Because this amendment is formatting only, there is no costor savings to persons other than small businesses,businesses, or local government entities.COMPLIANCE COSTS FOR AFFECTED PERSONS:Because this amendment is formatting only, there is nocompliance cost for affected persons.COMMENTS BY THE DEPARTMENT HEAD ON THEFISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:There is no fiscal impact on businesses because thisamendment is only adding the required statutory rulemakingauthority.THE FULL TEXT OF THIS RULE MAY BE INSPECTED,DURING REGULAR BUSINESS HOURS, AT:HUMAN SERVICESSUBSTANCE ABUSE AND MENTAL HEALTH,STATE HOSPITALUTAH STATE HOSPITALPROVO, UT 84603-0270or at the Division of Administrative Rules.DIRECT QUESTIONS REGARDING THIS RULE TO:♦ Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov♦ L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.govINTERESTED PERSONS MAY PRESENT THEIR VIEWS ONTHIS RULE BY SUBMITTING WRITTEN COMMENTS NOLATER THAN AT 5:00 PM ON 02/14/<strong>2012</strong>THIS RULE MAY BECOME EFFECTIVE ON: 02/21/<strong>2012</strong>AUTHORIZED BY: Lana Stohl, DirectorR525. Human Services, Substance Abuse and Mental Health,<strong>State</strong> Hospital.R525-8. Forensic Mental Health Facility.R525-8-1. Authority and Purpose.(1) This rule is adopted under the authority of Section62A-<strong>15</strong>-606.(2) The purpose of this rule is to explain the allocation ofbeds for the Forensic Mental Health Facility at the <strong>Utah</strong> <strong>State</strong>Hospital.R525-8-[1]2. Forensic Mental Health Facility.(1) Pursuant to the requirements of [UCA ]Section 62A-<strong>15</strong>-902(2)(c), the forensic mental health facility allocates beds toserve the following categories:(a) prison inmates displaying mental illness, as defined in[UCA ]Section 62A-<strong>15</strong>-602, necessitating treatment in a securemental health facility;(b) criminally adjudicated persons found guilty andmentally ill or undergoing evaluation for mental illness under [UCA]Title 77, Chapter 16a;(c) criminally adjudicated persons found guilty andmentally ill or undergoing evaluation for mental illness under [UCA]Title 77, Chapter 16a, who are also mentally retarded;(d) persons found by a court to be incompetent to proceedin accordance with [UCA ]Title 77, Chapter <strong>15</strong>, or not guilty byreason of insanity under [UCA ]Title 77, Chapter 14; and(e) persons who are civilly committed to the custody of alocal mental health authority in accordance with [UCA ]Title 62A,Chapter <strong>15</strong>, Part 6, and who may not be properly supervised by the<strong>Utah</strong> <strong>State</strong> Hospital because of a lack of necessary security, asdetermined by the superintendent or his designee.(2) Additionally, the beds serve the following categories:(a) persons undergoing an evaluation to determinecompetency to proceed under [UCA ]Title 77, Chapter <strong>15</strong>; and(b) persons committed to the state hospital as a conditionof probation under [UCA ]Subsection 77-18-1(13).R525-8-[2]3. Bed Allocation.Beds are allocated based on current psychiatric need andlegal status. Highest priority shall be given to those cases which arespecifically required to be admitted to the <strong>Utah</strong> <strong>State</strong> Hospital by<strong>Utah</strong> law.R525-8-[3]4. <strong>No</strong> Admission Because of Capacity.When capacity in the forensic mental health facility hasbeen met, the hospital shall not admit any persons to the forensicmental health facility until a bed becomes available. In such anevent the hospital will work cooperatively with the court to find aresolution.KEY: forensic, mental health, facilitiesDate of Enactment or Last Substantive Amendment: [June <strong>15</strong>,2007]<strong>2012</strong><strong>No</strong>tice of Continuation: April 26, 2011Authorizing, and Implemented or Interpreted Law: 62A-<strong>15</strong>-902(2)(c); 62A-<strong>15</strong>-606Pardons (Board of), AdministrationR671-305<strong>No</strong>tification of Board DecisionNOTICE OF PROPOSED RULE(Amendment)DAR FILE NO.: 35551FILED: 12/19/2011UTAH STATE BULLETIN, <strong>January</strong> <strong>15</strong>, <strong>2012</strong>, <strong>Vol</strong>. <strong>2012</strong>, <strong>No</strong>. 2 101

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