R525-8-2. Forensic Mental Health Facility

  (1) Pursuant to the requirements of Section 62A-15-902(2)(c), the forensic mental health facility allocates admits individuals in accordance with state statute as follows:

  (a) persons found by a court to be incompetent to proceed in accordance with Title 77, Chapter 15, or not guilty by reason of insanity under Title 77, Chapter 14;

  (b) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation for mental illness under Title 77, Chapter 16a;

  (c) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation for mental illness under Title 77, Chapter 16a, who are also intellectually disabled;

  (d) prison inmates necessitating treatment in a secure mental health facility in accordance with Section 77-16a-202, 203, 204 and in Section 62A-15-605.5; and

  (e) persons who are civilly committed to the custody of a local mental health authority in accordance with Title 62A, Chapter 15, Part 6, and who may not be properly supervised by the Utah State Hospital because of a lack of necessary security, as determined by the superintendent or his designee.

  (2) Additionally, the beds serve the following categories:

  (a) persons undergoing an evaluation to determine competency to proceed under Title 77, Chapter 15; and

  (b) persons committed to the state hospital as a condition of probation under Subsection 77-18-1(13).

  (3) The Executive Director of the Department of Human Services (DHS) or their designee may allocate resources to provide competency restoration services and/or treatment for the purpose of competency restoration to those ordered to the custody of the Department of Human Services.