State v. Murphy

I do not join the Court in ordering the trial court to devise a plan for conditional release of defendant. The Utah State Hospital has already pursued the feasibility of home visits without success due to defendant’s propensities for violence. In any event, Utah Code Ann. § 77-14-5 (Supp. 1987) makes no provision for a conditional release. One who is criminally committed as being mentally ill remains committed until he has recovered from his mental illness, at which time he is entitled to an order of release.1

In the instant case, the trial court made no finding that defendant has recovered…