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Senate advances substitute to address handling of incompetent defendants, sets evaluations and time limits
Summary
Senate Bill 22, advanced Jan. 20, 1994, would require two separate mental-health evaluations and a 30-day report to the court (extendable once) in proceedings addressing defendant competency, aiming to comply with Jackson v. Indiana and recent Utah case law.
Senator Robert Montgomery reported that the Health and Environment Committee recommended a first substitute to Senate Bill 22 on Jan. 20, 1994, and explained the measure addresses how courts handle defendants found incompetent to stand trial. Montgomery said the bill requires consultation and evaluation by two separate mental-health professionals and a written report to the court within 30 days, with a possible 30-day extension.
Montgomery said the change responds to constitutional limits established in Jackson v. Indiana and to Utah case law that exposed deficiencies in the existing code; a task force convened in the interim recommended the statutory amendments. The Senate called the question on reading the first substitute for the third time; roll call recorded 29 ayes, no nays, and no absences, and the bill was placed on the third-reading calendar.
