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House approves competency‑restoration language after litigation prompted reforms, 66‑0

Utah House of Representatives · February 22, 2018
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Summary

First substitute Senate Bill 19, responding to a lawsuit about people held in jails while incompetent to stand trial, won unanimous House approval after sponsors described expanded restoration efforts and a new restoration unit in a Salt Lake County jail.

The Utah House unanimously approved first substitute Senate Bill 19, the competency‑to‑stand‑trial amendments, by a recorded vote of 66‑0 and returned the measure to the Senate. The bill is described by sponsors as part of a settlement responding to litigation alleging prolonged detention of people found incompetent to stand trial.

Representative Red, the House sponsor, told members the bill consolidates statutory language, speeds outreach to county jails and creates a competency restoration unit in one Salt Lake County jail. “This bill cleans up a lot of the language in competency restoration code and also brings in some new items that make the process more efficient and more effective,” Representative Red said, noting the work grew out of stakeholder agreements reached in July.

Floor discussion emphasized that people arrested but not convicted should not languish in county jails for months without access to restoration services; sponsors said the bill will enable earlier identification, outreach and restoration services as capacities at the state hospital and in outreach units increase. Representative Red said the changes were collaborative with the Department of Human Services and other stakeholders.

The House clerk recorded the vote as 66 yes, 0 no; the bill will be returned to the Senate for its signature and further processing. Floor speakers indicated the measure is intended to expedite treatment and reduce lengthy pretrial detention for those with severe mental illness or intellectual disabilities.