Title 46, Title 46

As used in this part, the following definitions apply: (1) "Assessment" means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this part and would benefit from the provisions of this part. (2) "Continuum of care" means a seamless a…

(1) Each judicial district or court of limited jurisdiction may establish a drug treatment court under which drug offenders may be processed to address an identified substance abuse problem as a condition of pretrial release, pretrial diversion under 46-16-130, probation, incarce…

(1) As part of a diagnostic assessment, each jurisdiction shall establish a system to ensure that drug offenders are placed into a clinically approved substance abuse treatment program. To accomplish this, the program conducting the individual assessment shall make specific recom…

(1) The drug treatment court team shall ensure fair, accurate, and reliable drug testing procedures. (2) A drug offender must be ordered to submit to frequent, random, and observed drug testing to monitor abstinence. (3) The results of all drug tests must be provided to the drug …

(1) There is a drug treatment court federal resources account in the federal special revenue fund that is administered by the office of the supreme court administrator. Any federal money received for funding drug treatment courts must be deposited in the drug treatment court fede…

The provisions of this part must be construed to effectuate its remedial purposes.

A violation of this part must be referred to the appropriate court or other responsible governing body for resolution.

(1) There is a treatment court support account in the state special revenue fund for purposes provided in subsection (3). (2) The supreme court administrator shall establish procedures for the distribution and accountability of money in the account. The court administrator shall …

This part may be cited as the "Mental Health Treatment Court Act".

The purpose of this part is to recognize that state courts have a jurisdictional basis to implement mental health treatment courts to reduce recidivism and restore persons with a mental disorder who are charged with a criminal offense to being productive, law-abiding, and taxpayi…

As used in this part, the following definitions apply: (1) "Assessment" means a diagnostic evaluation to determine whether and to what extent a person is an offender with a mental disorder under this part and would benefit from the provisions of this part. (2) "Continuum of care"…

(1) Each judicial district or court of limited jurisdiction may establish a mental health treatment court under which persons with a mental disorder who are charged with a criminal offense may be processed to address an identified mental health problem as a condition of pretrial …

(1) As part of a diagnostic assessment, each jurisdiction shall establish a system to ensure that participants are placed into a clinically approved mental health treatment program. To accomplish this, the program conducting the individual assessment shall make specific recommend…

(1) There is a mental health treatment court federal resources account in the federal special revenue fund that is administered by the office of court administrator. Any federal money received for funding mental health treatment courts must be deposited in the mental health treat…

(1) The provisions of this part must be construed to effectuate its remedial purposes. (2) A mental health treatment court may be combined with a drug treatment court authorized in Title 46, chapter 1, part 11, and a mental health treatment court may serve an individual with co-o…

Failure of the participant to comply with the terms of the mental health treatment program will be referred upon the order of the mental health treatment court judge to the appropriate criminal court.

As used in this title, unless the context requires otherwise, the following definitions apply: (1) "Advanced practice registered nurse" means an individual certified as an advanced practice registered nurse provided for in 37-8-202, with a clinical specialty in psychiatric mental…

When a department or board of this state initiates or intervenes in an action in any court, a copy of the complaint, counterclaim, or cross-claim must be served on the attorney general.

When a department or board of this state appeals from a judgment or order entered in any court of this state, a copy of the notice of appeal must be served on the attorney general.

(1) A court may not impose a penalty enhancement specified in Title 45, Title 46, or any other provision of law unless: (a) the enhancing act, omission, or fact was charged in the information, complaint, or indictment, with a reference to the statute or statutes containing the en…

As used in this part, the following definitions apply: (1) "Mediation" has the meaning provided in 26-1-813(1). (2) "Party" means any one of the following, and "parties" means all of the following: (a) the defendant; (b) a victim of the crime; or (c) the county attorney or other …

(1) At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court. (2) The proceeding may not be r…

In deciding whether mediation is appropriate, the court may consider: (1) the nature of the offense; (2) any special circumstances or characteristics of the defendant or any victim; (3) whether the defendant previously participated in mediation in the current or a prior proceedin…

(1) If mediation is successful, the mediator shall inform the court of the results of the mediation and of any agreement reached. (2) If mediation is unsuccessful or if one of the parties withdraws from the mediation, the mediator shall notify the court and the prosecutor may pro…

Mediation communications and documents are privileged and confidential and may not be disclosed in any judicial or administrative proceeding except when: (1) the parties to the mediation agree, in writing, to disclosure; (2) a written agreement by the parties to mediate permits d…

Time spent in mediation may not be counted in determining whether a defendant's right to a speedy trial has been violated.

The mediation costs must be paid equally by the defendant and the prosecution, except that if a defendant is eligible for a public defender, the public defender shall pay the mediation costs.