State v. Anderson

I concur in the result but write separately to underscore the failure of the Utah Legislature, Department of Corrections, and Department of Social Services to adequately address the “long-festering problem” of mentally retarded and mentally ill criminal offenders. State v. Murphy, 760 P.2d 280, 287 (Utah 1988). In State v. Murphy, this Court sketched the history of the state’s inaction and noted that as early as 1965, the Governor’s Advisory Committee on Mental Retardation urged the state to establish “a separate facility to handle retarded delinquents and criminals whose problems require…