“Criminal defendants who are not competent to stand trial, unfortunately, have become an epidemic for us,” said one Utah lawmaker.
Lawmakers and officials hope the proposed measures will clarify when a person can be found incompetent to stand trial and incentivize treatment for mentally ill defendants.
“Criminal defendants who are not competent to stand trial unfortunately have become an epidemic for us,” said Wilcox, R-Ogden. “We have not just recurring criminals, but we’re cycling them in and out of courts to the point where we’re creating additional victims who don’t need to exist.”, aims to improve the competency evaluation process and give the court system more power to extend someone’s timeline for restoration.60 days to restore someone charged with a class B misdemeanor or lower.
This bill gives the courts flexibility to lengthen that timeline if they think a person is restorable. Under this bill, evaluators with the Department of Health and Human Services would also receive regular training in forensic mental health. “There’s a lot of issues to work through, but I’m hoping the adoption of this measure…will at least help us to understand that and to make a little bit of headway,” Wilcox said during the Feb. 7 committee meeting.
noting that recent findings of incompetency — such as when a defendant is involved in two ongoing cases in different court systems — “really can weigh on what the other court should do.”
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