Utah § 77-16a-302 Persons found not guilty by reason of insanity -- Disposition.

Utah Statutes

§ 77-16a-302 — Persons found not guilty by reason of insanity -- Disposition.

Utah § 77-16a-302

Title 77Utah Code of Criminal Procedure

Ch. 77-16aCommitment and Treatment of Individuals with a Mental Condition

Part 77-16a-3Defendants Pleading Not Guilty by Reason of Insanity

This text of Utah § 77-16a-302 (Persons found not guilty by reason of insanity -- Disposition.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-16a-302 (2026).

Text

(1)Upon a verdict of not guilty by reason of insanity, the court shall conduct a hearing within 10 days to determine whether the defendant currently has a mental condition. The defense counsel and prosecutors may request further evaluations and present testimony from those examiners.

(2)After the hearing and upon consideration of the record, the court shall order the defendant committed to the department if it finds by clear and convincing evidence that:

(2)(a) the defendant has a mental condition; and

(2)(b) because of that mental condition the defendant presents a substantial danger to self or others.

(3)The period of commitment described in Subsection (2) may not exceed the period for which the defendant could be incarcerated had the defendant been convicted and received the maximu

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(1) Upon a verdict of not guilty by reason of insanity, the court shall conduct a hearing within 10 days to determine whether the defendant currently has a mental condition. The defense counsel and prosecutors may request further evaluations and present testimony from those examiners.
(2) After the hearing and upon consideration of the record, the court shall order the defendant committed to the department if it finds by clear and convincing evidence that:

(2)(a) the defendant has a mental condition; and
(2)(b) because of that mental condition the defendant presents a substantial danger to self or others.
(3) The period of commitment described in Subsection (2) may not exceed the period for which the defendant could be incarcerated had the defendant been convicted and received the maximum sentence for the crime of which the defendant was accused. At the time that period expires, involuntary civil commitment proceedings may be instituted in accordance with Title 26B, Chapter 5, Health Care -- Substance Use and Mental Health.