The Utah Legislature has created the plea of guilty with a mental condition because it has determined that in certain instances, application of the law should be more lenient. Specifically, the Legislature has determined that there are individuals with certain mental illnesses who should be treated differently when they break the law than those who do not suffer from those cognitive disabilities.
In such a plea, the defendant still pleas guilty, but that individual becomes eligible for specific benefits available only to those who quality for such a plea.
What is a Qualifying Mental Condition?
There are three enumerated mental illnesses which qualify for a plea with a mental health condition and one “catch all” illness: (1) schizophrenia spectrum and other psychotic disorders, (2) bipolar I disorder, (3) post-traumatic stress disorder, and (4) other serious mental health conditions with psychotic features.
How is it Determined that an Individual Has a Qualifying Mental Illness?
In order to determine that one has a qualifying mental illness one of two things must happen. First, the prosecutor can stipulate, that is, agree, that the defendant has a qualifying mental illness. This can occur by providing the prosecutor with diagnosis documents from a healthcare provider.
Second, if the prosecutor will not agree, then at the defendant’s request the court can order the defendant to submit to an examination by a forensic evaluator. The forensic evaluator will conduct an examination that determines whether: (1) the defendant had a mental condition at the time the crime was committed; (2) the defendant could benefit from supervision or treatment; or (3) the defendant currently is competent to enter a plea. The forensic evaluator’s report will provide findings on these factors. The court must make a positive finding to both numbers (1) and (2) for the defendant to be able enter a plea with a mental health condition.
What Happens After a Defendant Enters a Plea of Guilty with a Mental Condition?
Once the plea is entered, the court will order Department of Health and Human Services to put together a treatment plan. A defendant also has the option to have a private provider create the treatment plan. The court will then set a review hearing 30 days out to go over the treatment plan, make changes if needed, and then order the defendant to follow that treatment plan.
In ordering a treatment plan, the court has to determine if the defendant should be placed in a secure setting, such as a prison or state hospital. The court can make such an order if it is in the best interests of the defendant, a victim, or the public in general.
The court will then hold period review hearings to follow up on the defendant’s treatment progress. The court can defer sentencing for up to a year if the defendant consents and then after one year the defendant will be sentenced.
What are the Benefits of a Plea of Guilty With a Mental Condition?
A defendant who complies with his treatment plan is eligible for a significant reduction in his conviction. By default, the conviction will be reduced by two degrees, meaning that if the offense was a second degree felony, it will be reduced to a class A misdemeanor. If the prosecutor agrees, however, the conviction can be reduced by up to three degrees (e.g., first degree felony becomes a class A misdemeanor).
If you have been charged with a serious crime and you believe you may qualify for a plea with a mental health condition, give us a call at 801-413-1753. We are experienced in navigating the process of such pleas and know how to give you the best chance of protecting your criminal record.