Skip to main content
Find a Lawyer

Utah Code Title 77. Utah Code of Criminal Procedure § 77-15-3.5. Incompetent to proceed in misdemeanor cases

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) When a defendant charged with a misdemeanor may be incompetent to proceed, any petition shall be filed in accordance with Section 77-15-3.

(2) If the most severe charge against a defendant is a misdemeanor and the defendant is adjudicated by a court as incompetent to proceed:

(a) the department shall provide restoration treatment to the defendant; and

(b) the court may refer the defendant to pretrial diversion services, upon agreement of the prosecution and defense counsel.

(3) Unless the prosecutor or another individual indicates that civil commitment proceedings will be initiated under Subsection 77-15-6(5)(c), a court shall release a defendant who is incompetent to proceed if:

(a) the most severe charge against the defendant is a class B misdemeanor;

(b) more than 60 days have passed after the day on which the court adjudicated the defendant incompetent to proceed; and

(c) the defendant is not restored to competency.

(4) The department shall provide restoration treatment to the defendant within the timeframe described in Subsection (3)(b).

(5) The court may, but is not required to, dismiss the charges against a defendant who was released under Subsection (3).

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-15-3.5. Incompetent to proceed in misdemeanor cases - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-15-3-5/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard