The court may order as a condition of probation, or a stay of sentence, that the defendant be voluntarily admitted to the custody of the Office of Substance Use and Mental Health for treatment at the Utah State Hospital only if the superintendent of the Utah State Hospital, or the superintendent's designee, certifies to the court that:

1. (1) the defendant is appropriate for, and can benefit from, treatment at the Utah State Hospital;
2. (2) there is space at the Utah State Hospital for treatment of the defendant; and
3. (3) individuals described in Subsection 26B-5-306(2)(g) are receiving priority for treatment over the defendant.

Amended by Chapter 330, 2023 General Session