TODD A.

UTZINGER - Bar# 6047

Davis County Legal Defender
P.O. Box 618
28 East State Street
Farmington, Utah 84025
Telephone: (801) 451-3010
Facsimile: (801) 451-3016
tutzinger@daviscountyutah.gov

DISTRICT COURT OF THE STATE OF UTAH

SECOND JUDICIAL DISTRICT, DAVIS COUNTY

STATE OF UTAH, SUPPLEMENTAL MEMORANDUM

REGARDING PROPOSED TERMS
Plaintiff, OF REQUESTED CONDITIONAL
RELEASE
vs.
Case Number 061701179
JEREMY HAUCK,
Judge Ronald G. Russell
Defendant.

INTRODUCTION

Jeremy Hauck, by and through counsel Todd Utzinger, hereby submits this

Supplemental Memorandum Regarding Proposed Terms of Requested

Conditional Release. At the September 30, 2022 hearing some issues were raised

that warranted further investigation by counsel. Specifically, counsel has

confirmed that the Utah State Hospital Campus Police are willing and able to

conduct random searches of Mr. Hauck’s residence as well as other actions as

may be ordered by the Court or requested by the USH administration. Also, the

USH is prepared to conduct random blood draws at whatever interval the Court

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deems appropriate to verify that Mr. Hauck’s medication remains at therapeutic

levels and to take appropriate corrective action should his medication drop below

therapeutic levels.

It also became apparent that a revised and more detailed statement of the

proposed conditions of release than provided in the April 21, 2022 report (“the

Report”) from the Utah State Hospital (“USH”) may be helpful to the Court

insofar as the proposed conditions were modified in light of questions raised by

the Court or the Davis County Attorney’s Office.

Counsel recognizes that the Court has this matter under advisement and

may decide to deny the request for conditional release. However, in the event the

Court grants the request for conditional release, the USH proposes the following

conditions of release and such other terms the Court deems necessary to assure

that any risk of danger “can be controlled adequately” as contemplated under

§77-16a-304(4)(b):

1. Mr. Hauck shall continue to take Olanzapine as prescribed and

dispensed by the USH as well as any other medication the USH determines is

therapeutically necessary.

2. To ensure Olanzapine remains at therapeutic levels, random blood

draws shall be conducted at least once a month. In the event levels drop below

therapeutic levels, Mr. Hauck shall be readmitted to the USH and medications

adjusted until therapeutic levels are re-established. Absent a Court order, Mr.

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Hauck shall remain at the USH until the treatment team and NGI panel approve

his return to his off-campus residence.

3. Should Mr. Hauck require detention due to clinical deterioration or

safety concerns, the Assistant Attorney General representing the USH or designee

shall petition the Court for revocation of the conditional release and

recommitment of Mr. Hauck to the USH for treatment. Such recommitment of

Mr. Hauck shall remain in effect until further order of the Court.

4. Mr. Hauck shall check-in by telephone daily with the USH nursing staff

for the first two months and then three times a week for status checks.

5. Mr. Hauck shall continue in-person meetings at least once a week with

Administrative Director Greg Porter. In the event Mr. Porter is unavailable for a

particular week, Mr. Hauck shall meet with his treating psychiatrist, Dr. Paul

Whitehead, or an LCSW designated and supervised by Mr. Porter.

6. Mr. Hauck shall continue in-person meetings with the entire treatment

team (including Dr. Whitehead) at least once a month.

7. Mr. Hauck shall continue to attend and participate in NGI hearings at

least every six months.

8. Mr. Hauck shall continue to refrain from consuming alcohol or any

illegal controlled substance as well as any legal controlled substance unless

prescribed by a physician or other professional and approved by Dr. Whitehead.

9. Mr. Hauck shall submit to random testing for alcohol or controlled

substances at least once a month. Mr. Hauck shall also submit to such testing at

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the discretion of USH staff should any concern about the use of alcohol or any

controlled substance arise.

10. Mr. Hauck shall not possess, own, access, purchase or attempt to

possess, own, access or purchase any firearm, firearm ammunition, or any

incendiary device or materials intended to create an incendiary device.

11. Mr. Hauck shall not enter Davis County without prior approval of the

treatment team and the Court.

12. Mr. Hauck shall not travel outside the State of Utah without prior

approval of the treatment team and the Court.

13. Mr. Hauck shall obtain a residence within Utah County as approved by

the treatment team and USH administration. The owner and/or landlord of the

proposed residence must be fully informed of Mr. Hauck's original charge and

current status at the USH.

14. Mr. Hauck shall obtain at least part time employment within Utah

County as approved by the treatment team and USH Administration. Potential

employers must be fully informed of Mr. Hauck's original charge and current

status at the USH.

15. USH Campus Police or other designated peace officers in coordination

with the USH Campus Police shall conduct random searches of Mr. Hauck's

residence and premises at least once a month to verify that none of the following

are in the residence or on its premises: 1) firearms of any type; 2) ammunition for

any type of firearm; 3) incendiary devices or materials to create an incendiary

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device; 4) alcohol; 5) illegal controlled substances; 6) any other controlled

substance unless it has been prescribed by a physician or other qualified

professional and approved by Dr. Whitehead. In addition to consenting to the

random searches as described above, Mr. Hauck will consent to searches of his

person, residence or its premises based upon a reasonable suspicion that

evidence of any of the foregoing items or evidence of any other crime may be

found in the area(s) sought to be searched. Mr. Hauck understands that by

consenting to the described random searches and searches based on reasonable

suspicion instead of probable cause and exigent circumstances he is consenting to

searches that may not otherwise be legally justified. Mr. Hauck is knowingly,

intelligently and voluntarily consenting to the described searches in order to

facilitate the granting of his conditional release.

16. In the event Mr. Hauck violates any of the conditions of release as

determined either by Dr. Whitehead, Mr. Porter, the treatment team or the

Court, Mr. Hauck agrees to immediately be readmitted to the USH if directed to

do so. In the event Mr. Hauck does not return to the USH as directed, the USH

Campus Police or other designated authorities shall take Mr. Hauck into custody

and return him to the USH.

17. The USH treatment team, the USH Administration or the Assistant

Attorney General representing the USH shall immediately notify the Court of any

alleged violation of the conditions of release so the Court may issue a warrant for

Mr. Hauck's arrest and an order requiring Mr. Hauck's return to the USH, unless

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Mr. Hauck has already been readmitted to the USH and the Court determines a

warrant or other order is unnecessary.

18. The treatment team shall continue to prepare a report detailing Mr.

Hauck’s status that will be submitted to the Court every six months, unless the

Court orders the submission of reports on a more frequent basis.

19. Unless the Court orders differently, a hearing to review Mr. Hauck's

progress and conditions of release shall be held six months after Mr. Hauck has

secured a residence within Utah County but off the grounds of the USH.

20. Such other conditions of release that the Court may deem appropriate.

21. Mr. Hauck shall enter a signed and notarized agreement

acknowledging his willingness to abide by all of the conditions of release. The

agreement shall be filed with the Court and copies of the agreement shall be

provided to the USH Campus Police, members of the treatment team, and the

director of the nursing staff of the USH forensic unit.

CONCLUSION

The Utah State Hospital administration requests that Mr. Hauck be

granted conditional release so that he may reside off of the USH grounds but

within Utah County. The above proposed conditions of release as well as any

others the Court deems appropriate should also be imposed.

RESPECTFULLY SUBMITTED, this 11th day of October, 2022.

/s/Todd Utzinger
TODD UTZINGER (Bar #6047)

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 CERTIFICATE OF SERVICE

I hereby certify that a true and accurate copy of the foregoing

SUPPLEMENTAL MEMORANDUM was noticed through the Court’s efiling

system and via email to Gage Arnold, Deputy Davis County Attorney, and Monica

Anderson, Assistant Utah Attorney General on this 11th day of October, 2022.

/s/ Todd Utzinger

TODD UTZINGER (6047)