Last Updated: April 25, 2019
Method and Scoring: State involuntary civil commitment laws are evaluated using a 100-point grading scale. The scoring criteria is in accordance with the Treatment Advocacy Center’s values and policy preferences. Up to 50 points are awarded to a state based on the quality of its inpatient commitment law and up to 50 points are awarded based on the state’s assisted outpatient treatment law. Final letter grades are computed using the following scale:
| 97 or above A+ 93-96 A 90-92 A- |
87-89 B+ 83-86 B 80-82 B- |
77-79 C+ 73-76 C 70-72 C- |
67-69 D+ 63-66 D 62-60 D |
59 or below F |
| PART ONE: Inpatient Commitment Statute (up to 50 points) | |||
| Criterion | Citation | Specifications | Points |
| 1. Citizen access to court, emergency evaluation (5 pts) | Utah Code § 62A-15-629(1)(a)(i) | ☒Authorizes family/enumerated adults (3 pts) ☒Authorizes any responsible adult (2 pts) |
5 |
| 2. Quality of emergency petition process (5 pts) | Utah Code § 62A-15-629(1) | ☒Process specified and reasonable (2 pts) ☒Timelines specified and reasonable (2 pts) ☒Responsible entities identified (1 pt) ☐Requires certification by more than one professional (-2 pts) ☐Emergency evaluation criteria inconsistent with inpatient commitment criteria (-5 pts) (See comment below) |
5 |
| 3. Emergency hold duration (5 pts) | Utah Code § 62A-15-629(3) | ☐At least 48-hour hold allowed (3 pts) ☐At least 72-hour hold allowed (2 pts) 24 hours |
0 |
| 4. Citizen access to court, inpatient petition (5 pts) | Utah Code § 62A-15-631(1) | ☒Authorizes family/enumerated adults (3 pts) ☒Authorizes any responsible adult (2 pts) |
5 |
| 5. Quality of criteria for harm or violence to self or others (up to 10 pts) | Utah Code §§ 62A-15-602(16), (17) | ☒Contains explicit criteria (10 pts) ☐Language is vague/ambiguous (-3 pts) ☐Harm must be imminent (-3 pts) |
10 |
| 6. Quality of criteria for grave disability/basic needs (up to 10 pts) | Utah Code § 62A-15-602(17)(c) | ☒Contains explicit criteria (10 pts) ☐Language is vague/ambiguous (-3 pts) ☐Endangerment must be imminent (-3 pts) ☐Criteria require family to turn person out of home to receive treatment (-3 pts) ☐Unreasonably high risk of harm (-3 pts) |
10 |
| 7. Quality of criteria for psychiatric deterioration (up to 10 pts) | ☐Contains explicit criteria (10 pts) ☐Language is vague/ambiguous (-3 pts) |
0 | |
| SUBTOTAL | 35 | ||
| PART ONE: Extra Credit | |||
| 1. Specifies in which court a petition for inpatient commitment shall be filed (1 pt) | Utah Code § 62A-15-631(1) | District court | 1 |
| Extra Credit | 1 | ||
| PART ONE TOTAL | 36 | ||
| PART TWO: Outpatient Commitment Statute (up to 50 points) | |||
| Criterion | Citation | Specifications | Points |
| 1. AOT explicitly authorized (5 pts) | Utah Code § 62A-15-630.5 | ☐Requires local government to adopt (-3 pts) | 5 |
| 2. Citizen access to court for AOT (5 pts) | Utah Code § 62A-15-630.5(1) | ☒Authorizes family/enumerated adults (3 pts) ☒Authorizes any responsible adult (2 pts) ☐Authorizes citizen petition to mental health system only (-2 pts) |
5 |
| 3. Criteria sufficiently broad to provide actual access (up to 10 pts) | Utah Code §§ 62A-15-630.5(14) | Evaluate applicable provision only: ☐If inpatient/outpatient criteria are the same: ☐Inpatient criteria include psychiatric deterioration standard (10 pts) or ☐No psychiatric deterioration standard, adequate grave disability standard (5 pts) or ☒If outpatient criteria are distinct from inpatient criteria: ☒Allows consideration of length of treatment history ≥ 36 months (2 pts) ☐Does not exclude periods of incarceration or hospitalization (-1 pt) ☒ Does not limit application to those currently dangerous or unstable (4 pts) ☒ Does not limit application to those refusing service or currently lacking insight (4 pts) |
10 |
| 4. Authorizes AOT directly from community (5 pts) | Utah Code § 62A-15-630.5 | 5 | |
| 5. Procedures sufficiently detailed to guide practitioners (up to 5 pts) | Utah Code § 62A-15-630.5 |
☐Process specified and reasonable (1 pt) (See comments below) |
4 |
| 6. Procedures require the treatment plan to be shared with the court (5 pts) | §§ 62A-15-630.5(13)(e)(i) | Requires records, notes and doctor's orders to be submitted to the court but does not specify written treatment plan | 3 |
| 7. Specifies procedures and consequences for nonadherence (5 pts) | Utah Code § 62A-15-637(3)(ii) | Authority to place noncompliant individual in a "more restrictive environment" | 5 |
| 8. Duration of initial order (5pts) | Utah Code § 62A-15-630.5(17) | ☐=90 days (2 pts) or ☒>90 days (5 pts) Six months with review period |
5 |
| 9. Duration of continued order (5pts) | Utah Code § 62A-15-630.5(17) | ☒=180 days (2 pts) or ☐>180 days (5 pts) After six-month review, "an order for commitment may be for an indeterminate period." |
2 |
| SUBTOTAL | 44 | ||
| PART TWO: Extra Credit | |||
| 1. Specifies court for AOT (1 pt) | Utah Code § 62A-15-630.5 | District court in the county where the proposed patient resides or is found | 1 |
| 2. Court monitoring of voluntary settlement agreements (5 pts) | |||
| Extra Credit | 1 | ||
| PART TWO TOTAL | 45 | ||
| FINAL SCORE | |
| PART ONE TOTAL | 36 |
| PART TWO TOTAL | 45 |
| TOTAL | 81 |
| GRADE | B- |
Comment:
- For a layperson to initiate an emergency petition requires, in addition to meeting other requirements, the likelihood that the individual will be a substantial danger “if not restrained”; however, this additional requirement does not apply to law enforcement and is otherwise aligned with the inpatient standard.
- Requires two physicians to examine an individual and requires specific language be read during the evaluation. The extra steps add to the complexity of the procedure without changing the due process afforded. Directs submisison of medical records and notes to the court but does not specify a written treatment plan.