![]() | Fiscal NoteH.B. 476 2026 General Session Insanity Defense Amendments by Moss, Carol S. | ![]() |
| Ongoing | One-time | Total | |
|---|---|---|---|
| Net GF/ITF/USF (rev.-exp.) | $(1,310,400) | $518,300 | $(792,100) |
| Revenues | FY2026 | FY2027 | FY2028 |
| Dedicated Credits Revenue | $0 | $261,500 | $261,500 |
| Total Revenues | $0 | $261,500 | $261,500 |
Enactment of this legislation could increase in dedicated credit revenue to the Attorney General by $261,500 ongoing beginning in FY 2027.
| Expenditures | FY2026 | FY2027 | FY2028 |
| Dedicated Credits Revenue | $0 | $261,500 | $261,500 |
| General Fund | $0 | $1,310,400 | $1,310,400 |
| General Fund, One-time | $0 | $(518,300) | $0 |
| Total Expenditures | $0 | $1,053,600 | $1,571,900 |
Enactment of this legislation could cost the Department of Health and Human Services (DHHS) from the General Fund, $616,900 in FY 2027 and $1,241,900 in FY 2028 for operational, personnel costs, and evaluation costs (for approximately 50 percent of eight new cases using the insanity defense) associated with the commitment of approximately two new patients each year found not guilty by reason of insanity (NGRI) at the Utah State Hospital. Enactment of this legislation could also cost DHHS, $261,500 ongoing from the General Fund, beginning in FY 2027, for legal representation from the Attorney General Office (AGO). for approximately 50 percent of eight new cases using the insanity defense. Enactment of this legislation could also cost the (AGO), $261,500 ongoing from dedicated credits, beginning in FY 2027, for legal representation costs for DHHS. Additionally, this could cost the Courts $4,200 ongoing from the General Fund, beginning in FY 2027, for court proceedings/hearings which they report that they can absorb. Enactment of this legislation could also reduce annual General Fund costs due to fewer individuals being incarcerated and shift health services from within the prison to the State Hospital as follows: 1. Corrections - $152,700 annually; and 2. DHHS - Correctional Health Services - $45,200. This fiscal note assumes that there would be approximately two new successful NGRI defenses annually, and thus two new individuals being committed in the Utah State Hospital (approximately $845/person/day) instead of the state prison's mental health unit (approximately $135/person/day). Thus, each additional successful NGRI defense would result in a net cost to the state of approximately $259,200 annually from the General Fund.
| FY2026 | FY2027 | FY2028 | |
| Net All Funds (rev-exp) | $0 | $(792,100) | $(1,310,400) |
Enactment of this legislation could cost county governments approximately $120,000 annually in litigation costs for new cases in which the insanity defense is claimed.
Enactment of this legislation likely will not result in direct expenditures from tax or fee changes for Utah residents and businesses.
Enactment of this legislation likely will not change the regulatory burden for Utah residents or businesses.
This bill creates a new program or significantly expands an existing program.
For a list of questions lawmakers might ask to improve accountability for the proposed
program, please see:
https://budget.utah.gov/newprogram

