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7 LONG TITLE
8 General Description:
9 This bill addresses provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 ▸ adds and modifies definitions;
13 ▸ amends provisions regarding offenses committed by minors on school property,
14 including requiring a referral to the Division of Juvenile Justice Services if a minor
15 refuses to participate in an evidence-based intervention;
16 ▸ amends a sunset date related to offenses committed by minors on school property;
17 ▸ clarifies a reporting requirement for the Division of Juvenile Justice Services;
18 ▸ defines the term "defendant" in Title 77, Chapter 38a, Crime Victims Restitution
19 Act, to exclude a minor who is adjudicated, or enters into a nonjudicial adjustment,
20 for any offense under Title 78A, Chapter 6, Juvenile Court Act;
21 ▸ amends and clarifies the jurisdiction of the juvenile court, district court, and justice
22 court regarding offenses committed by minors;
23 ▸ requires a peace officer to have probable cause in order to take a minor into custody;
24 ▸ requires a probable cause determination and detention hearing within 24 hours of a
25 minor being held for detention;
26 ▸ allows a court to order secure confinement for a minor if a minor's conduct resulted
27 in death;
28 ▸ requires a prosecutor or the court's probation department to notify a victim of the
29 restitution process;
30 ▸ requires a victim to provide the prosecutor with certain information for restitution;
31 ▸ amends the amount of time that restitution may be requested;
32 ▸ exempts certain offenses committed by a minor from the presumptive timeframes
33 for custody and supervision;
34 ▸ modifies the continuing jurisdiction of the juvenile court;
35 ▸ amends the exclusive jurisdiction of the district court over minors who committed
36 certain offenses;
37 ▸ amends requirements for minors who are charged in the district court for certain
38 offenses;
39 ▸ repeals the certification and transfer of minors who committed certain offenses to
40 the district court;
41 ▸ allows that a criminal information may be filed for minors who are 14 years old or
42 older and are alleged to have committed certain offenses;
43 ▸ requires a preliminary hearing before a juvenile court to determine whether a minor,
44 for which a criminal information or indictment has been filed, will be bound over to
45 the district court to be held for trial;
46 ▸ provides the requirements for binding a minor over to the district court;
47 ▸ provides the detention requirements for a minor who has been bound over to the
48 district court;
49 ▸ allows a juvenile court to extend continuing jurisdiction over a minor to the age of
50 25 years old if a minor is not bound over to the district court; and
51 ▸ makes technical and conforming changes.
52 Money Appropriated in this Bill:
53 None
54 Other Special Clauses:
55 This bill provides a special effective date.
56 This bill provides coordination clauses.
57 Utah Code Sections Affected:
58 AMENDS:
59 17-18a-404, as last amended by Laws of Utah 2017, Chapter 330
60 53-10-403, as last amended by Laws of Utah 2017, Chapter 289
61 53G-8-211, as last amended by Laws of Utah 2019, Chapter 293
62 62A-4a-201, as last amended by Laws of Utah 2019, Chapters 136, 335, and 388
63 62A-7-101, as last amended by Laws of Utah 2019, Chapters 162 and 246
64 62A-7-104, as last amended by Laws of Utah 2019, Chapter 246
65 62A-7-105.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
66 62A-7-107.5, as last amended by Laws of Utah 2017, Chapter 330
67 62A-7-108.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
68 62A-7-109.5, as last amended by Laws of Utah 2017, Chapter 330
69 62A-7-111.5, as last amended by Laws of Utah 2007, Chapter 308
70 62A-7-113, as enacted by Laws of Utah 2019, Chapter 162
71 62A-7-201, as last amended by Laws of Utah 2019, Chapter 246
72 62A-7-401.5, as last amended by Laws of Utah 2019, Chapter 246
73 62A-7-402, as renumbered and amended by Laws of Utah 2005, Chapter 13
74 62A-7-403, as renumbered and amended by Laws of Utah 2005, Chapter 13
75 62A-7-501, as last amended by Laws of Utah 2019, Chapter 246
76 62A-7-502, as last amended by Laws of Utah 2019, Chapter 246
77 62A-7-504, as last amended by Laws of Utah 2017, Chapter 330
78 62A-7-505, as renumbered and amended by Laws of Utah 2005, Chapter 13
79 62A-7-506, as last amended by Laws of Utah 2019, Chapter 246
80 62A-7-507, as renumbered and amended by Laws of Utah 2005, Chapter 13
81 62A-7-701, as last amended by Laws of Utah 2019, Chapter 246
82 62A-7-702, as renumbered and amended by Laws of Utah 2005, Chapter 13
83 63I-1-253, as last amended by Laws of Utah 2019, Chapters 90, 136, 166, 173, 246,
84 325, 344 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
85 246
86 76-3-406, as last amended by Laws of Utah 2019, Chapter 189
87 76-5-401.3, as enacted by Laws of Utah 2017, Chapter 397
88 76-10-105 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter 415
89 76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
90 76-10-1302, as last amended by Laws of Utah 2019, Chapters 26, 189, and 200
91 77-2-9, as last amended by Laws of Utah 2017, Chapter 397
92 77-38a-102, as last amended by Laws of Utah 2017, Chapter 304
93 77-38a-302, as last amended by Laws of Utah 2019, Chapter 171
94 77-38a-404, as last amended by Laws of Utah 2017, Chapter 304
95 78A-5-102, as last amended by Laws of Utah 2010, Chapter 34
96 78A-6-103, as last amended by Laws of Utah 2019, Chapter 300
97 78A-6-104, as last amended by Laws of Utah 2019, Chapter 188
98 78A-6-105, as last amended by Laws of Utah 2019, Chapters 335 and 388
99 78A-6-108, as renumbered and amended by Laws of Utah 2008, Chapter 3
100 78A-6-112, as last amended by Laws of Utah 2018, Chapter 415
101 78A-6-113, as last amended by Laws of Utah 2018, Chapter 285
102 78A-6-116, as last amended by Laws of Utah 2010, Chapter 38
103 78A-6-117, as last amended by Laws of Utah 2019, Chapters 162 and 335
104 78A-6-118, as last amended by Laws of Utah 2017, Chapter 330
105 78A-6-120, as last amended by Laws of Utah 2017, Chapter 330
106 78A-6-306, as last amended by Laws of Utah 2019, Chapters 136, 326, and 335
107 78A-6-312, as last amended by Laws of Utah 2019, Chapters 136, 335, and 388
108 78A-6-601, as last amended by Laws of Utah 2010, Chapter 38
109 78A-6-602, as last amended by Laws of Utah 2018, Chapters 117 and 415
110 78A-6-603, as last amended by Laws of Utah 2018, Chapters 117 and 415
111 78A-6-704, as renumbered and amended by Laws of Utah 2008, Chapter 3
112 78A-6-705, as enacted by Laws of Utah 2015, Chapter 338
113 78A-6-1107, as renumbered and amended by Laws of Utah 2008, Chapter 3
114 78A-6-1108, as last amended by Laws of Utah 2011, Chapter 208
115 78A-7-106, as last amended by Laws of Utah 2019, Chapter 136
116 78B-6-105, as last amended by Laws of Utah 2013, Chapter 458
117 ENACTS:
118 62A-7-404.5, Utah Code Annotated 1953
119 78A-6-703.1, Utah Code Annotated 1953
120 78A-6-703.2, Utah Code Annotated 1953
121 78A-6-703.3, Utah Code Annotated 1953
122 78A-6-703.4, Utah Code Annotated 1953
123 78A-6-703.5, Utah Code Annotated 1953
124 78A-6-703.6, Utah Code Annotated 1953
125 REPEALS AND REENACTS:
126 62A-7-404, as last amended by Laws of Utah 2017, Chapter 330
127 REPEALS:
128 78A-6-701, as last amended by Laws of Utah 2017, Chapter 330
129 78A-6-702, as last amended by Laws of Utah 2015, Chapter 338
130 78A-6-703, as last amended by Laws of Utah 2019, Chapter 326
131 Utah Code Sections Affected by Coordination Clause:
132 76-10-105, as last amended by Laws of Utah 2019, Chapter 232
133 76-10-1302, as last amended by Laws of Utah 2019, Chapters 26, 189, and 200
134 78A-6-105, as last amended by Laws of Utah 2019, Chapters 335 and 388
135 78A-6-116, as last amended by Laws of Utah 2010, Chapter 38
136 78A-6-117, as last amended by Laws of Utah 2019, Chapters 162 and 335
137 78A-6-601, as last amended by Laws of Utah 2010, Chapter 38
138 78A-6-602, as last amended by Laws of Utah 2018, Chapters 117 and 415
139 78A-6-602.5, Utah Code Annotated 1953
140 78A-6-603, as last amended by Laws of Utah 2018, Chapters 117 and 415
141
142 Be it enacted by the Legislature of the state of Utah:
143 Section 1. Section 17-18a-404 is amended to read:
144 17-18a-404. Juvenile proceedings.
145 For a proceeding involving [
146
147 (1) review cases pursuant to Section 78A-6-602; and
148 (2) appear and prosecute for the state in the juvenile court of the county.
149 Section 2. Section 53-10-403 is amended to read:
150 53-10-403. DNA specimen analysis -- Application to offenders, including minors.
151 (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
152 who:
153 (a) has pled guilty to or has been convicted of any of the offenses under Subsection
154 (2)(a) or (b) on or after July 1, 2002;
155 (b) has pled guilty to or has been convicted by any other state or by the United States
156 government of an offense which if committed in this state would be punishable as one or more
157 of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
158 (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
159 offense under Subsection (2)(c);
160 (d) has been booked:
161 (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
162 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
163 (ii) on or after January 1, 2015, for any felony offense; or
164 (e) is a minor under Subsection (3).
165 (2) Offenses referred to in Subsection (1) are:
166 (a) any felony or class A misdemeanor under the Utah Code;
167 (b) any offense under Subsection (2)(a):
168 (i) for which the court enters a judgment for conviction to a lower degree of offense
169 under Section 76-3-402; or
170 (ii) regarding which the court allows the defendant to enter a plea in abeyance as
171 defined in Section 77-2a-1; or
172 (c) (i) any violent felony as defined in Section 53-10-403.5;
173 (ii) sale or use of body parts, Section 26-28-116;
174 (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
175 (iv) driving with any amount of a controlled substance in a person's body and causing
176 serious bodily injury or death, Subsection 58-37-8(2)(g);
177 (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
178 (vi) a felony violation of propelling a substance or object at a correctional officer, a
179 peace officer, or an employee or a volunteer, including health care providers, Section
180 76-5-102.6;
181 (vii) aggravated human trafficking and aggravated human smuggling, Section
182 76-5-310;
183 (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
184 (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
185 (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
186 (xi) sale of a child, Section 76-7-203;
187 (xii) aggravated escape, Subsection 76-8-309(2);
188 (xiii) a felony violation of assault on an elected official, Section 76-8-315;
189 (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
190 Pardons and Parole, Section 76-8-316;
191 (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
192 (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
193 (xvii) a felony violation of sexual battery, Section 76-9-702.1;
194 (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
195 (xix) a felony violation of abuse or desecration of a dead human body, Section
196 76-9-704;
197 (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
198 76-10-402;
199 (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
200 Section 76-10-403;
201 (xxii) possession of a concealed firearm in the commission of a violent felony,
202 Subsection 76-10-504(4);
203 (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
204 Subsection 76-10-1504(3);
205 (xxiv) commercial obstruction, Subsection 76-10-2402(2);
206 (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
207 77-41-107;
208 (xxvi) repeat violation of a protective order, Subsection 77-36-1.1(2)(c); or
209 (xxvii) violation of condition for release after arrest under Section 77-20-3.5 .
210 (3) A minor under Subsection (1) is a minor 14 years [
211
212 the commission of any offense described in Subsection (2), and who [
213 (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
214 court on or after July 1, 2002 [
215 (b) is in the legal custody of the Division of Juvenile Justice Services on or after July 1,
216 2002, for an offense under Subsection (2).
217 Section 3. Section 53G-8-211 is amended to read:
218 53G-8-211. Responses to school-based behavior.
219 (1) As used in this section:
220 (a) "Evidence-based" means a program or practice that has:
221 (i) had multiple randomized control studies or a meta-analysis demonstrating that the
222 program or practice is effective for a specific population;
223 (ii) been rated as effective by a standardized program evaluation tool; or
224 (iii) been approved by the state board.
225 (b) "Minor" means the same as that term is defined in Section 78A-6-105.
226 [
227 Section 78A-6-105.
228 (d) "Prosecuting attorney" means the same as that term is defined in Subsections
229 78A-6-105(b) and (c).
230 [
231 used or adopted by a local education agency that is designed:
232 (i) to enhance school safety, reduce school suspensions, and limit referrals [
233
234 (ii) to help minors take responsibility for and repair [
235 occurs in school.
236 [
237 [
238 instruction for which student attendance is counted toward calculating average daily
239 membership.
240 [
241 Section 53-13-103, who contracts with, is employed by, or whose law enforcement agency
242 contracts with a local education agency to provide law enforcement services for the local
243 education agency.
244 [
245 camp, clinic, or other event or activity that is authorized by a specific local education agency or
246 public school, according to LEA governing board policy, and satisfies at least one of the
247 following conditions:
248 (A) the activity is managed or supervised by a local education agency or public school,
249 or local education agency or public school employee;
250 (B) the activity uses the local education [
251 equipment, or other school resources; or
252 (C) the activity is supported or subsidized, more than inconsequentially, by public
253 funds, including the public school's activity funds or Minimum School Program dollars.
254 (ii) "School-sponsored activity" includes preparation for and involvement in a public
255 performance, contest, athletic competition, demonstration, display, or club activity.
256 [
257 [
258 (ii) [
259 "Status offense" does not mean an offense that by statute is [
260 (2) This section applies to a minor enrolled in school who is alleged to have committed
261 an offense at the school where the student is enrolled:
262 (a) on school property where the student is enrolled:
263 (i) when school is in session; or
264 (ii) during a school-sponsored activity; or
265 (b) that is truancy.
266 (3) (a) [
267 have committed an offense that is a class C misdemeanor, an infraction, a status offense on
268 school property, or an offense that is truancy[
269
270 (i) a school district or school may not refer the minor to a law enforcement officer or
271 agency or a court; and
272 (ii) a law enforcement officer or agency may not refer the minor to a prosecuting
273 attorney or a court.
274 (b) Except as provided in Subsection (3)(e), if a minor is alleged to have committed an
275 offense that is a class C misdemeanor, an infraction, a status offense on school property, or an
276 offense that is truancy, a school district, school, or law enforcement officer or agency may refer
277 the minor to evidence-based alternative interventions, including:
278 (i) a mobile crisis outreach team, as defined in Section 78A-6-105;
279 (ii) a [
280 Services in accordance with Section 62A-7-104;
281 (iii) a youth court or comparable restorative justice program;
282 (iv) evidence-based interventions created and developed by the school or school
283 district; and
284 (v) other evidence-based interventions that may be jointly created and developed by a
285 local education agency, the state board, the juvenile court, local counties and municipalities,
286 the Department of Health, or the Department of Human Services.
287 [
288 (i) investigate possible criminal offenses and conduct, including conducting probable
289 cause searches;
290 (ii) consult with school administration about the conduct of a minor enrolled in a
291 school;
292 (iii) transport a minor enrolled in a school to a location if the location is permitted by
293 law;
294 (iv) take temporary custody of a minor [
295 78A-6-112(1); or
296 (v) protect the safety of students and the school community, including the use of
297 reasonable and necessary physical force when appropriate based on the totality of the
298 circumstances.
299 [
300 [
301 is not in session [
302 may refer the minor to:
303 (i) a prosecuting attorney or a court; or [
304 (ii) evidence-based alternative interventions at the discretion of the law enforcement
305 officer.
306 (e) If a minor is alleged to have committed a traffic offense that is an infraction, a
307 school district, a school, or a law enforcement officer or agency may refer the minor to a
308 prosecuting attorney or a court for the traffic offense.
309 [
310
311 (4) A school district or school [
312 early intervention youth services, as described in Section 62A-7-104, by the Division of
313 Juvenile Justice Services for a class C misdemeanor committed on school property or for being
314 a habitual truant, as defined in Section 53G-6-201, if the minor refuses to participate in an
315 evidence-based alternative intervention described in Subsection (3)[
316 (5) A school district or school may refer a minor to a court or a law enforcement officer
317 or agency for an alleged class C misdemeanor committed on school property or for allegedly
318 being a habitual truant, as defined in Section 53G-6-201, if the minor:
319 (a) refuses to participate in an evidence-based alternative intervention under Subsection
320 (3)(b); and
321 (b) fails to participate in prevention and early intervention youth services provided by
322 the Division of Juvenile Justice Services under Subsection (4).
323 [
324 agency under Subsection [
325 continue to engage with the minor and the minor's family through the court process.
326 [
327 not be a school resource officer.
328 (c) A school district or school shall include the following in [
329 school's referral to the court or the law enforcement officer or agency:
330 (i) attendance records for the minor;
331 (ii) a report of evidence-based alternative interventions used by the school before the
332 referral, including outcomes;
333 (iii) the name and contact information of the school representative assigned to actively
334 participate in the court process with the minor and the minor's family; [
335 (iv) a report from the Division of Juvenile Justice Services that demonstrates the
336 minor's failure to complete or participate in prevention and early intervention youth services
337 under Subsection (4); and
338 [
339 (d) A minor referred to a court under [
340 ordered to or placed in secure detention, including for a contempt charge or violation of a valid
341 court order under Section 78A-6-1101, when the underlying offense is a class C misdemeanor
342 occurring on school property or habitual truancy.
343 (e) If a minor is referred to a court under [
344 may use, when available, the resources of the Division of Juvenile Justice Services or the
345 Division of Substance Abuse and Mental Health to address the minor.
346 [
347
348 administrator's designee, or a school resource officer[
349 the minor directly to a juvenile court or to the evidence-based alternative interventions in
350 Subsection (3)[
351 Section 4. Section 62A-4a-201 is amended to read:
352 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
353 state.
354 (1) (a) Under both the United States Constitution and the constitution of this state, a
355 parent possesses a fundamental liberty interest in the care, custody, and management of the
356 parent's children. A fundamentally fair process must be provided to parents if the state moves
357 to challenge or interfere with parental rights. A governmental entity must support any actions
358 or allegations made in opposition to the rights and desires of a parent regarding the parent's
359 children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
360 protection against government interference with the parent's fundamental rights and liberty
361 interests and, concomitantly, the right of the child to be reared by the child's natural parent.
362 (b) The fundamental liberty interest of a parent concerning the care, custody, and
363 management of the parent's children is recognized, protected, and does not cease to exist
364 simply because a parent may fail to be a model parent or because the parent's child is placed in
365 the temporary custody of the state. At all times, a parent retains a vital interest in preventing
366 the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
367 action in relation to parents and their children may not exceed the least restrictive means or
368 alternatives available to accomplish a compelling state interest. Until the state proves parental
369 unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
370 the child and the child's parents share a vital interest in preventing erroneous termination of
371 their natural relationship and the state cannot presume that a child and the child's parents are
372 adversaries.
373 (c) It is in the best interest and welfare of a child to be raised under the care and
374 supervision of the child's natural parents. A child's need for a normal family life in a
375 permanent home, and for positive, nurturing family relationships is usually best met by the
376 child's natural parents. Additionally, the integrity of the family unit and the right of parents to
377 conceive and raise their children are constitutionally protected. The right of a fit, competent
378 parent to raise the parent's child without undue government interference is a fundamental
379 liberty interest that has long been protected by the laws and Constitution and is a fundamental
380 public policy of this state.
381 (d) The state recognizes that:
382 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
383 train, educate, provide and care for, and reasonably discipline the parent's children; and
384 (ii) the state's role is secondary and supportive to the primary role of a parent.
385 (e) It is the public policy of this state that parents retain the fundamental right and duty
386 to exercise primary control over the care, supervision, upbringing, and education of their
387 children.
388 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
389 Subsection (1).
390 (2) It is also the public policy of this state that children have the right to protection
391 from abuse and neglect, and that the state retains a compelling interest in investigating,
392 prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title 78A,
393 Chapter 6, Juvenile Court Act. Therefore, the state, as parens patriae, has an interest in and
394 responsibility to protect children whose parents abuse them or do not adequately provide for
395 their welfare. There may be circumstances where a parent's conduct or condition is a
396 substantial departure from the norm and the parent is unable or unwilling to render safe and
397 proper parental care and protection. Under those circumstances, the state may take action for
398 the welfare and protection of the parent's children.
399 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
400 it shall take into account the child's need for protection from immediate harm and the extent to
401 which the child's extended family may provide needed protection. Throughout its involvement,
402 the division shall utilize the least intrusive and least restrictive means available to protect a
403 child, in an effort to ensure that children are brought up in stable, permanent families, rather
404 than in temporary foster placements under the supervision of the state.
405 (4) When circumstances within the family pose a threat to the child's immediate safety
406 or welfare, the division may seek custody of the child for a planned, temporary period and
407 place the child in a safe environment, subject to the requirements of this section and in
408 accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
409 Dependency Proceedings, and:
410 (a) when safe and appropriate, return the child to the child's parent; or
411 (b) as a last resort, pursue another permanency plan.
412 (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
413 the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
414 shall be the child's health, safety, and welfare. The desires of a parent for the parent's child,
415 and the constitutionally protected rights of a parent, as described in this section, shall be given
416 full and serious consideration by the division and the court.
417 (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
418 abuse, or severe neglect are established, the state has no duty to make "reasonable efforts" or
419 to, in any other way, attempt to maintain a child in the child's home, provide reunification
420 services, or to attempt to rehabilitate the offending parent or parents. This Subsection (6) does
421 not exempt the division from providing court-ordered services.
422 (7) (a) In accordance with Subsection (1), the division shall strive to achieve
423 appropriate permanency for children who are abused, neglected, or dependent. The division
424 shall provide in-home services, where appropriate and safe, in an effort to help a parent to
425 correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
426 division may pursue a foster placement only if in-home services fail or are otherwise
427 insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
428 and kinship placement fail and cannot be corrected. The division shall also seek qualified
429 extended family support or a kinship placement to maintain a sense of security and stability for
430 the child.
431 (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
432 and (6), is determined to be inconsistent with the permanency plan for a child, then measures
433 shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
434 and to complete whatever steps are necessary to finalize the permanent placement of the child.
435 (c) Subject to the parental rights recognized and protected under this section, if,
436 because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
437 based on the grounds for termination of parental rights described in Title 78A, Chapter 6, Part
438 5, Termination of Parental Rights Act, the continuing welfare and best interest of the child is of
439 paramount importance, and shall be protected in determining whether that parent's rights
440 should be terminated.
441 (8) The state's right to direct or intervene in the provision of medical or mental health
442 care for a child is subject to Subsections 78A-6-105[
443 78A-6-117(2) and Section 78A-6-301.5.
444 Section 5. Section 62A-7-101 is amended to read:
445 62A-7-101. Definitions.
446 As used in this chapter:
447 (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
448 Section 62A-7-112.
449 (2) (a) "Adult" means an individual who is 18 years old or older.
450 (b) "Adult" does not include a juvenile offender.
451 [
452 Section 62A-7-501.
453 (4) "Child" means an individual who is under 18 years old.
454 (5) "Commission" means the State Commission on Criminal and Juvenile Justice
455 created in Section 63M-7-201.
456 [
457 program designated to supervise and rehabilitate youth offenders in accordance with
458 Subsection 78A-6-117(2) that prioritizes the least restrictive nonresidential setting, consistent
459 with public safety, and designated or operated by or under contract with the division.
460 [
461 manner consistent with public safety and the well being of the youth and division employees.
462 (8) "Correctional facility" means:
463 (a) a county jail; or
464 (b) a secure correctional facility as defined in Section 64-13-1.
465 [
466 [
467 misdemeanor if committed by an adult.
468 [
469 [
470 Chapter 7, Part 2, Detention Facilities.
471 [
472 [
473 removes a [
474 [
475 [
476 home or a surrogate home with the consent of the child's parent, guardian, or custodian for
477 conduct by a child who is alleged to have committed a delinquent act or postdispositional
478 placement [
479 [
480 program operated or purchased by the division that is responsible only for diagnostic
481 assessment of minors, including for substance use disorder, mental health, psychological, and
482 sexual behavior risk assessments.
483 (18) "Juvenile offender" means:
484 (a) a serious youth offender; or
485 (b) a youth offender.
486 [
487 residency in a secure facility to live outside that facility under the supervision of the Division
488 of Juvenile Justice Services or other person designated by the division.
489 [
490 service providers for the provision of residential or nonresidential services that:
491 (a) provides incentives for the implementation of evidence-based juvenile justice
492 programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
493 to Section 63M-7-208; and
494 (b) provides a premium rate allocation for a minor who receives the evidence-based
495 dosage of treatment and successfully completes the program within three months.
496 [
497 by the division, or under contract with the division, that is responsible for juveniles taken into
498 custody by a law enforcement officer for status offenses, infractions, or delinquent acts.
499 [
500 rescinds a parole date.
501 [
502 that terminates parole supervision of a [
503 offender to the custody of a secure facility after a hearing and a determination that there has
504 been a violation of law or of a condition of parole that warrants a return to a secure facility in
505 accordance with Section 62A-7-504.
506 [
507 guardian without the permission of the parent or guardian.
508 [
509 or under contract with the division, for conduct by a child who is alleged to have committed a
510 delinquent act.
511 [
512 division, that provides 24-hour supervision and confinement for [
513 committed to the division for custody and rehabilitation.
514 (27) "Serious youth offender" means an individual who:
515 (a) is at least 14 years old, but under 25 years old;
516 (b) committed a felony listed in Subsection 78A-6-703.3(1) and the continuing
517 jurisdiction of the court was extended over the individual's case until the individual was 25
518 years old in accordance with Section 78A-6-703.4; and
519 (c) is committed or admitted by the court to the custody, care, and jurisdiction of the
520 division for confinement in a secure facility or supervision in the community, following an
521 adjudication for a delinquent act in accordance with Section 78A-6-117.
522 [
523 unrestricted [
524 [
525 nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
526 adult, or to an appropriate agency.
527 (b) "Temporary custody" does not include a placement in a secure facility, including
528 secure detention, or a residential community-based program operated or contracted by the
529 division, except [
530 [
531 terminates a [
532 [
533 conflict:
534 (a) results in behavior that is beyond the control or ability of the youth, or the parent or
535 guardian, to manage effectively;
536 (b) poses a threat to the safety or well-being of the youth, the family, or others; or
537 (c) results in the situations described in [
538 [
539 project established and administered by the division for [
540 purpose of rehabilitation, education, and restitution to victims.
541 [
542
543 (a) at least 12 years old, but under 21 years old; and
544 (b) committed or admitted by the [
545 of the division[
546 following an adjudication for a delinquent act [
547
548 [
549 conflict:
550 (i) for families in crisis when a minor is ungovernable or runaway; or
551 (ii) involving a minor and the minor's parent or guardian.
552 (b) [
553 (i) resolve family conflict;
554 (ii) maintain or reunite minors with their families; and
555 (iii) divert minors from entering or escalating in the juvenile justice system.
556 (c) [
557 (i) crisis intervention;
558 (ii) short-term shelter;
559 (iii) time out placement; and
560 (iv) family counseling.
561 Section 6. Section 62A-7-104 is amended to read:
562 62A-7-104. Division responsibilities.
563 (1) The division is responsible for all [
564 division by juvenile courts for secure confinement or supervision and treatment in the
565 community in accordance with Section 78A-6-117.
566 (2) The division shall:
567 (a) establish and administer a continuum of community, secure, and nonsecure
568 programs for all [
569 (b) establish and maintain all detention and secure facilities and set minimum standards
570 for those facilities;
571 (c) establish and operate prevention and early intervention youth services programs for
572 nonadjudicated youth placed with the division; and
573 (d) establish observation and assessment programs necessary to serve [
574 offenders in a nonresidential setting under Subsection 78A-6-117(2)(e).
575 (3) The division shall place [
576 appropriate program for supervision and treatment.
577 (4) (a) In [
578 [
579 confinement under Subsection 78A-6-117(2)(c), or placement in a community-based program
580 under Subsection 78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c)
581 or (d) underlying the commitment.
582 (b) The division shall place [
583 program within the category specified by the court.
584 (5) The division shall employ staff necessary to:
585 (a) supervise and control [
586 community;
587 (b) supervise and coordinate treatment of [
588 division for placement in community-based programs; and
589 (c) control and supervise adjudicated and nonadjudicated youth placed with the
590 division for temporary services in receiving centers, youth services, and other programs
591 established by the division.
592 (6) (a) Youth in the custody or temporary custody of the division are controlled or
593 detained in a manner consistent with public safety and rules made by the division. In the event
594 of an unauthorized leave from a secure facility, detention center, community-based program,
595 receiving center, home, or any other designated placement, division employees have the
596 authority and duty to locate and apprehend the youth, or to initiate action with local law
597 enforcement agencies for assistance.
598 (b) A rule made by the division under this Subsection (6) may not permit secure
599 detention based solely on the existence of multiple status offenses, misdemeanors, or
600 infractions alleged in the same criminal episode.
601 (7) The division shall establish and operate compensatory-service work programs for
602 [
603 compensatory-service work program may not be residential and shall:
604 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
605 parks, highways, and other programs designated by the division;
606 (b) provide educational and prevocational programs in cooperation with the State
607 Board of Education for [
608 (c) provide counseling to [
609 (8) The division shall establish minimum standards for the operation of all private
610 residential and nonresidential rehabilitation facilities that provide services to juveniles who
611 have committed a delinquent act or infraction in this state or in any other state.
612 (9) The division shall provide regular training for staff of secure facilities, detention
613 staff, case management staff, and staff of the community-based programs.
614 (10) (a) The division is authorized to employ special function officers, as defined in
615 Section 53-13-105, to locate and apprehend minors who have absconded from division
616 custody, transport minors taken into custody pursuant to division policy, investigate cases, and
617 carry out other duties as assigned by the division.
618 (b) Special function officers may be employed through contract with the Department of
619 Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
620 (11) The division shall designate employees to obtain the saliva DNA specimens
621 required under Section 53-10-403. The division shall ensure that the designated employees
622 receive appropriate training and that the specimens are obtained in accordance with accepted
623 protocol.
624 (12) The division shall register an individual with the Department of Corrections [
625
626 (a) [
627 77-41-102(17)(a) or 77-43-102(2);
628 (b) [
629 (c) (i) if the individual is a youth offender, remains in the division's custody 30 days
630 before the [
631 (ii) if the individual is a serious youth offender, remains in the division's custody 30
632 days before the individual's 25th birthday.
633 (13) The division shall ensure that a program delivered to a [
634 under this section is evidence based in accordance with Section 63M-7-208.
635 Section 7. Section 62A-7-105.5 is amended to read:
636 62A-7-105.5. Information supplied to division.
637 (1) Juvenile court probation sections shall render full and complete cooperation to the
638 division in supplying the division with all pertinent information relating to [
639 offenders who have been committed to the division.
640 (2) Information under Subsection (1) may include, but is not limited to, prior criminal
641 history, social history, psychological evaluations, and identifying information specified by the
642 division.
643 Section 8. Section 62A-7-107.5 is amended to read:
644 62A-7-107.5. Contracts with private providers.
645 (1) This chapter does not prohibit the division from contracting with private providers
646 or other agencies for the construction, operation, and maintenance of juvenile facilities or the
647 provision of care, treatment, and supervision of [
648 committed to the care of the division.
649 (2) All programs for the care, treatment, and supervision of [
650 committed to the division shall be licensed in compliance with division standards within six
651 months after commencing operation.
652 (3) A contract for the care, treatment, and supervision of a [
653 committed to the division shall be executed in accordance with the performance-based
654 contracting system developed under Section 63M-7-208.
655 Section 9. Section 62A-7-108.5 is amended to read:
656 62A-7-108.5. Records -- Property of division.
657 (1) All records maintained by programs that are under contract with the division to
658 provide services to [
659 returned to [
660 (2) The division shall maintain an accurate audit trail of information provided to other
661 programs or agencies regarding [
662 Section 10. Section 62A-7-109.5 is amended to read:
663 62A-7-109.5. Restitution by a juvenile offender.
664 (1) The division shall make reasonable efforts to ensure that restitution is made to the
665 victim of a [
666 [
667 [
668 in the work program.
669 (2) Restitution ordered by the court may be made a condition of release, placement, or
670 parole by the division.
671 (3) The division shall notify the juvenile court of all restitution paid to victims through
672 the employment of [
673 Section 11. Section 62A-7-111.5 is amended to read:
674 62A-7-111.5. Cost of support and maintenance of a juvenile offender --
675 Responsibility.
676 On commitment of a [
677 of the division to the [
678 offender or [
679 support and maintenance for the [
680 commitment.
681 Section 12. Section 62A-7-113 is amended to read:
682 62A-7-113. Rulemaking authority and division responsibilities.
683 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
684 division shall make rules that establish a formula, in consultation with the Office of the
685 Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017
686 Laws of Utah, Chapter 330 resulting from the reduction in out-of-home placements for [
687 juvenile offenders with the division.
688 (2) No later than December 31 of each year, the division shall provide to the Executive
689 Offices and Criminal Justice Appropriations Subcommittee a written report of the division's
690 activities under this section and Section 62A-7-112, including:
691 (a) for the report submitted in 2019, the formula used to calculate the savings from
692 General Fund appropriations under Subsection (1);
693 (b) the amount of savings from General Fund appropriations calculated by the division
694 for the previous fiscal year;
695 (c) an accounting of the money expended or committed to be expended under
696 Subsection 62A-7-112(4); and
697 (d) the balance of the account.
698 Section 13. Section 62A-7-201 is amended to read:
699 62A-7-201. Confinement -- Facilities -- Restrictions.
700 [
701
702
703
704
705 [
706
707
708
709 [
710
711 (1) Except as provided in Subsection (2) or by another statute, if a child is apprehended
712 by an officer, or brought before a court for examination under state law, the child may not be
713 confined:
714 (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
715 (b) in a secure facility operated by the division.
716 (2) (a) The division shall detain a child in accordance with Sections 78A-6-703.2,
717 78A-6-703.5, and 78A-6-703.6 if:
718 (i) the child is charged with an offense under Section 78A-6-703.2 or 78A-6-703.3;
719 (ii) the district court has obtained jurisdiction over the offense because the child is
720 bound over to the district court under Section 78A-6-703.5; and
721 (iii) the court orders the detention of the child.
722 (b) (i) If a child is detained before a hearing under Subsection 78A-6-113(3) or Section
723 78A-6-703.5, the child may only be held in certified juvenile detention accommodations in
724 accordance with rules made by the [
725
726 (ii) The commission's rules shall include [
727 sound separation from adult inmates.
728 (iii) The [
729 commission shall certify that a correctional facility is in compliance with the [
730
731 (iv) This Subsection (2)(b) does not apply to [
732 detention facility in accordance with Subsection (2)(a).
733 (3) (a) In [
734
735
736 has acceptable sight and sound separation. [
737 (b) An accommodation described in Subsection (3)(a) shall be used only:
738 (i) for short-term holding [
739
740 offense if committed by an adult[
741 (ii) for a maximum confinement period of six hours.
742 (c) A child may only be held in an accommodation described in Subsection (3)(a) for:
743 (i) identification[
744 (ii) notification of a juvenile court [
745 (iii) processing[
746 (iv) allowance of adequate time for evaluation of needs and circumstances regarding
747 the release or transfer of the child to a shelter or detention facility.
748 (d) This Subsection (3) does not apply to [
749
750 (4) (a) [
751 criminal offense if committed by an adult, the child may be detained in [
752
753 (i) for a maximum of two hours[
754 (ii) (A) for identification or interrogation[
755 (B) while awaiting release to a parent or other responsible adult. [
756 (b) A holding room described in Subsection (4)(a) shall be certified by [
757
758
759 (c) The commission's rules shall include provisions for constant supervision and for
760 sight and sound separation from adult inmates.
761 (5) Willful failure to comply with this section is a class B misdemeanor.
762 (6) (a) The division is responsible for the custody and detention of [
763
764 (i) a child who requires detention care before trial or examination, or [
765 awaiting assignment to a home or facility, as a dispositional placement under Subsection
766 78A-6-117(2)(f)(i)[
767 (ii) a juvenile offender under Subsection 62A-7-504(9). [
768 (b) Subsection (6)(a) does not apply to [
769
770 [
771 provide standards for custody or detention under Subsections (2)(b), (3), and (4).
772 (ii) The division shall determine and set standards for conditions of care and
773 confinement of children in detention facilities.
774 [
775 (d) (i) The division, or [
776 undertake temporary custody or detention upon agreed terms[
777 division, shall provide all other custody or detention in suitable premises distinct and separate
778 from the general jails, lockups, or cells used in law enforcement and corrections systems.
779 (ii) This Subsection [
780
781 Section 14. Section 62A-7-401.5 is amended to read:
782 62A-7-401.5. Secure facilities.
783 (1) The division shall maintain and operate secure facilities for the custody and
784 rehabilitation of [
785 who cannot be controlled in a less secure setting, or who have engaged in a pattern of conduct
786 characterized by persistent and serious criminal offenses which, as demonstrated through the
787 use of other alternatives, cannot be controlled in a less secure setting.
788 (2) The director shall appoint an administrator for each secure facility. An
789 administrator of a secure facility shall have experience in social work, law, criminology,
790 corrections, or a related field, and also in administration.
791 (3) (a) The division, in cooperation with the State Board of Education, shall provide
792 instruction, or make instruction available, to [
793 instruction shall be appropriate to the age, needs, and range of abilities of the [
794 offender.
795 (b) An assessment shall be made of each [
796 secure facility to determine the offender's abilities, possible learning disabilities, interests,
797 attitudes, and other attributes related to appropriate educational programs.
798 (c) Prevocational education shall be provided to acquaint [
799 with vocations, and vocational requirements and opportunities.
800 (4) The division shall place [
801 division for secure confinement and rehabilitation in a secure facility, operated by the division
802 or by a private entity, that is appropriate to ensure that humane care and rehabilitation
803 opportunities are afforded to the [
804 (5) The division shall adopt standards, policies, and procedures for the regulation and
805 operation of secure facilities, consistent with state and federal law.
806 Section 15. Section 62A-7-402 is amended to read:
807 62A-7-402. Aiding or concealing offender -- Trespass -- Criminal penalties.
808 (1) [
809 class A misdemeanor:
810 (a) entering, or attempting to enter, a building or enclosure appropriated to the use of
811 [
812 (b) entering any premises belonging to a secure facility and committing or attempting
813 to commit a trespass or damage on those premises; or
814 (c) willfully annoying or disturbing the peace and quiet of a secure facility or of a
815 [
816 (2) [
817 (a) knowingly harbors or conceals a [
818 (i) escaped from a secure facility; or
819 (ii) absconded from:
820 (A) a facility or supervision; or
821 (B) supervision of the [
822 (b) willfully aided or assisted a [
823 committed to a secure facility in escaping or attempting to escape from that facility.
824 (3) As used in this section:
825 (a) a [
826 offender:
827 (i) leaves the facility without permission; or
828 (ii) fails to return at a prescribed time.
829 (b) A [
830 offender:
831 (i) changes [
832 juvenile offender reported to the division as [
833 another residence, without notifying the [
834 obtaining permission; or
835 (ii) for the purpose of avoiding supervision:
836 (A) hides at a different location from [
837 (B) leaves [
838 Section 16. Section 62A-7-403 is amended to read:
839 62A-7-403. Care of pregnant juvenile offender.
840 (1) When a [
841 ensure that adequate prenatal and postnatal care is provided, and shall place [
842 offender in an accredited hospital before delivery. As soon as [
843 condition after delivery will permit, the [
844 facility.
845 (2) If the division has concern regarding the [
846 [
847 custody hearing.
848 Section 17. Section 62A-7-404 is repealed and reenacted to read:
849 62A-7-404. Commitment.
850 (1) If a youth offender has been committed to a secure facility under Section
851 78A-6-117, the youth offender shall remain at the secure facility until the youth offender is:
852 (a) 21 years old;
853 (b) paroled; or
854 (c) discharged.
855 (2) If a serious youth offender has been committed to a secure facility under Section
856 78A-6-117, the serious youth offender shall remain at the secure facility until the serious youth
857 offender is:
858 (a) 25 years old;
859 (b) paroled; or
860 (c) discharged.
861 Section 18. Section 62A-7-404.5 is enacted to read:
862 62A-7-404.5. Review and termination of commitment.
863 (1) If a juvenile offender has been committed to a secure facility, the juvenile offender
864 shall appear before the authority within 45 days after the day on which the juvenile offender is
865 committed to a secure facility for review of a treatment plan and to establish parole release
866 guidelines.
867 (2) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
868 presumptive term of commitment for the juvenile offender that does not exceed three to six
869 months.
870 (b) The authority shall release the juvenile offender on parole at the end of the
871 presumptive term of commitment unless at least one the following circumstances exists:
872 (i) termination would interrupt the completion of a necessary treatment program; or
873 (ii) the juvenile offender commits a new misdemeanor or felony offense.
874 (c) The authority shall determine whether a juvenile offender has completed a program
875 under Subsection (2)(b)(i) by considering the recommendations of the licensed service
876 provider, the juvenile offender's consistent attendance record, and the juvenile offender's
877 completion of the goals of the necessary treatment program.
878 (d) The authority may extend the length of commitment and delay parole release for the
879 time needed to address the specific circumstance if one of the circumstances under Subsection
880 (2)(b) exists.
881 (e) The authority shall:
882 (i) record the length of the extension and the grounds for the extension; and
883 (ii) report annually the length and grounds of extension to the commission.
884 (3) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
885 presumptive term of parole supervision that does not exceed three to four months.
886 (b) If the authority determines that a juvenile offender is unable to return home
887 immediately upon release, the juvenile offender may serve the term of parole in the home of a
888 qualifying relative or guardian or at an independent living program contracted or operated by
889 the division.
890 (c) The authority shall release a juvenile offender from parole and terminate
891 jurisdiction at the end of the presumptive term of parole, unless at least one the following
892 circumstances exists:
893 (i) termination would interrupt the completion of a necessary treatment program;
894 (ii) the juvenile offender commits a new misdemeanor or felony offense; or
895 (iii) restitution has not been completed.
896 (d) The authority shall determine whether a juvenile offender has completed a program
897 under Subsection (2)(c) by considering the recommendations of the licensed service provider,
898 the juvenile offender's consistent attendance record, and the juvenile offender's completion of
899 the goals of the necessary treatment program.
900 (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
901 parole release only for the time needed to address the specific circumstance.
902 (f) The authority shall:
903 (i) record the grounds for extension of the presumptive length of parole and the length
904 of the extension; and
905 (ii) report annually the extension and the length of the extension to the commission.
906 (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
907 shall toll until the juvenile offender returns.
908 (4) Subsections (2) and (3) do not apply to a juvenile offender committed to a secure
909 facility for a felony violation of:
910 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
911 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
912 (c) Section 76-5-203, murder or attempted murder;
913 (d) Section 76-5-302, aggravated kidnapping;
914 (e) Section 76-5-405, aggravated sexual assault;
915 (f) Section 76-6-103, aggravated arson;
916 (g) Section 76-6-203, aggravated burglary;
917 (h) Section 76-6-302, aggravated robbery;
918 (i) Section 76-10-508.1, felony discharge of a firearm;
919 (j) an offense other than an offense listed in Subsections (4)(a) through (i) involving
920 the use of a dangerous weapon:
921 (i) if the offense would be a felony had an adult committed the offense; and
922 (ii) the juvenile offender has been previously adjudicated or convicted of an offense
923 involving the use of a dangerous weapon that would have been a felony had an adult committed
924 the offense; or
925 (k) an offense other than an offense listed in Subsections (4)(a) through (j) and the
926 minor has been previously committed to the custody of the Division of Juvenile Justice
927 Services for secure confinement.
928 (5) (a) The division may continue to have responsibility over a juvenile offender, who
929 is discharged under this section from parole, to participate in a specific educational or
930 rehabilitative program:
931 (i) until the juvenile offender is:
932 (A) if the juvenile offender is a youth offender, 21 years old; or
933 (B) if the juvenile offender is a serious youth offender, 25 years old; and
934 (ii) under an agreement by the division and the juvenile offender that the program has
935 certain conditions.
936 (b) The division and the juvenile offender may terminate participation in a program
937 under Subsection (5)(a) at any time.
938 (c) The division shall offer an educational or rehabilitative program before a juvenile
939 offender's discharge date in accordance with this section.
940 (d) A juvenile offender may request the services described in this Subsection (5), even
941 if the offender has been previously declined services or services were terminated for
942 noncompliance.
943 (e) Notwithstanding Subsection (5)(c), the division:
944 (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
945 services described in this Subsection (5) for up to 365 days after the juvenile offender's
946 effective date of discharge, even if the juvenile offender has previously declined services or
947 services were terminated for noncompliance; and
948 (ii) may reach an agreement with the juvenile offender to provide the services
949 described in this Subsection (5) until the juvenile offender is:
950 (A) if the juvenile offender is a youth offender, 21 years old; or
951 (B) if the juvenile offender is a serious youth offender, 25 years old.
952 (f) The division and the juvenile offender may terminate an agreement for services
953 under this Subsection (5) at any time.
954 Section 19. Section 62A-7-501 is amended to read:
955 62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
956 (1) There is created the Youth Parole Authority within the division [
957
958 (2) (a) The authority is composed of 10 part-time members and five pro tempore
959 members who are residents of this state. No more than three pro tempore members may serve
960 on the authority at any one time.
961 (b) Throughout this section, the term "member" refers to both part-time and pro
962 tempore members of the Youth Parole Authority.
963 (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
964 four-year terms by the governor with the consent of the Senate.
965 (b) The governor shall, at the time of appointment or reappointment, adjust the length
966 of terms to ensure that the terms of authority members are staggered so that approximately half
967 of the authority is appointed every two years.
968 (4) Each member shall have training or experience in social work, law, juvenile or
969 criminal justice, or related behavioral sciences.
970 (5) When a vacancy occurs in the membership for any reason, the replacement member
971 shall be appointed for the unexpired term.
972 (6) During the tenure of the member's appointment, a member may not:
973 (a) be an employee of the department, other than in the member's capacity as a member
974 of the authority;
975 (b) hold any public office;
976 (c) hold any position in the state's juvenile justice system; or
977 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
978 juvenile justice agency or its contractor.
979 (7) In extraordinary circumstances or when a regular member is absent or otherwise
980 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
981 (8) A member may not receive compensation or benefits for the member's service[
982 but may receive per diem and travel expenses in accordance with:
983 (a) Section 63A-3-106;
984 (b) Section 63A-3-107; and
985 (c) rules made by the Division of Finance [
986 63A-3-106 and 63A-3-107.
987 (9) The authority shall determine appropriate parole dates for [
988 offenders in accordance with Section [
989 (10) [
990 juvenile offender's home, to an independent living program contracted or operated by the
991 division, to an approved independent living setting, or to other appropriate residences of
992 qualifying relatives or guardians, but shall remain on parole until parole is terminated by the
993 authority in accordance with Section [
994 (11) The division's case management staff shall implement parole release plans and
995 shall supervise [
996 (12) The division shall permit the authority to have reasonable access to [
997 juvenile offenders in secure facilities and shall furnish all pertinent data requested by the
998 authority in matters of parole, revocation, and termination.
999 Section 20. Section 62A-7-502 is amended to read:
1000 62A-7-502. Youth Parole Authority -- Parole procedures.
1001 (1) The authority has responsibility for parole release, rescission, revocation, and
1002 termination for [
1003 confinement. The authority shall determine when and under what conditions [
1004 offenders who have been committed to a secure facility are eligible for parole.
1005 (2) [
1006 and has the right to personally appear before the authority for parole consideration.
1007 (3) Orders and decisions of the authority shall be in writing, and [
1008 juvenile offender shall be provided written notice of the authority's reasoning and decision in
1009 the [
1010 (4) The authority shall establish policies and procedures for the authority's governance,
1011 meetings, hearings, the conduct of proceedings before [
1012 juvenile offenders, and the general conditions under which parole may be granted, rescinded,
1013 revoked, modified, and terminated.
1014 Section 21. Section 62A-7-504 is amended to read:
1015 62A-7-504. Parole revocation -- Hearing -- Procedures.
1016 (1) The authority may revoke the parole of a [
1017 hearing and upon determination that there has been a violation of law or of a condition of
1018 parole by the [
1019 secure facility. The parole revocation hearing shall be held at a secure facility.
1020 (2) (a) Before returning a [
1021 revocation or rescission hearing, the division shall provide a prerevocation or prerescission
1022 hearing within the vicinity of the alleged violation, to determine whether there is probable
1023 cause to believe that the [
1024 juvenile offender's parole.
1025 (b) Upon a finding of probable cause, the [
1026 to a secure facility, pending a revocation hearing.
1027 (3) The authority shall only proceed with the parole revocation or rescission process in
1028 accordance with the system of appropriate responses developed [
1029 with Section 78A-6-123 on [
1030 (4) A paroled [
1031 revocation hearing, and if the [
1032 has requested but cannot afford legal representation, the authority shall appoint legal counsel.
1033 (5) The authority and the administrative officer have power to issue subpoenas, compel
1034 attendance of witnesses, compel production of books, papers and other documents, administer
1035 oaths, and take testimony under oath for the purposes of conducting the hearings.
1036 (6) (a) A [
1037 time, place, and reason for the hearing, and has the right to appear at the hearing.
1038 (b) The authority shall provide the [
1039 heard, to present witnesses and evidence, and to confront and cross-examine adverse witnesses,
1040 unless there is good cause for disallowing that confrontation.
1041 (7) Decisions in parole revocation or rescission hearings shall be reached by a majority
1042 vote of the present members of the authority.
1043 (8) The administrative officer shall maintain summary records of all hearings and
1044 provide written notice to the [
1045 decision.
1046 (9) (a) The authority may issue a warrant to order any peace officer or division
1047 employee to take into custody a [
1048 conditions in accordance with Section 78A-6-123 on [
1049 (b) The division may issue a warrant to any peace officer or division employee to
1050 retake a [
1051 (c) Based upon the warrant issued under this Subsection (9), a [
1052 offender may be held in a local detention facility for no longer than 48 hours, excluding
1053 weekends and legal holidays, to allow time for a prerevocation or prerecission hearing of the
1054 alleged parole violation, or in the case of an escapee, arrangement for transportation to the
1055 secure facility.
1056 Section 22. Section 62A-7-505 is amended to read:
1057 62A-7-505. Conditions of parole.
1058 Conditions of parole shall be specified in writing and agreed to by the [
1059 offender. That agreement shall be evidenced by the signature of the [
1060 which shall be affixed to the parole document.
1061 Section 23. Section 62A-7-506 is amended to read:
1062 62A-7-506. Discharge of juvenile offender.
1063 (1) A [
1064 at any time, by written order of the [
1065 further purpose would be served by secure confinement or supervision in a community setting.
1066 (2) A [
1067 [
1068 (3) Discharge of a [
1069 incurred by adjudication of the offense for which the [
1070 Section 24. Section 62A-7-507 is amended to read:
1071 62A-7-507. Appeal regarding parole release or revocation.
1072 (1) A [
1073 offender, may appeal to the executive director or his designee any decision of the authority
1074 regarding parole release, rescission, or revocation.
1075 (2) The executive director, or [
1076 remand the authority's decision only if [
1077 abuse of discretion, or contrary to law.
1078 Section 25. Section 62A-7-701 is amended to read:
1079 62A-7-701. Community-based programs.
1080 (1) (a) The division shall operate residential and nonresidential community-based
1081 programs to provide care, treatment, and supervision for [
1082 to the division by juvenile courts.
1083 (b) The division shall operate or contract for nonresidential community-based
1084 programs and independent living programs to provide care, treatment, and supervision of
1085 paroled [
1086 (2) The division shall adopt minimum standards for the organization and operation of
1087 community-based corrections programs for [
1088 (3) The division shall place [
1089 for community-based programs in the most appropriate program based upon the division's
1090 evaluation of the [
1091 accordance with Sections [
1092 Section 26. Section 62A-7-702 is amended to read:
1093 62A-7-702. Case management staff.
1094 (1) The division shall provide a sufficient number of case management staff members
1095 to provide care, treatment, and supervision for [
1096 [
1097 community-based programs.
1098 (2) (a) Case management staff shall develop treatment programs for each [
1099 juvenile offender in the community, provide appropriate services, and monitor individual
1100 progress.
1101 (b) Progress reports shall be filed every three months with the [
1102 [
1103 the authority for each parolee.
1104 (c) The authority, in the case of parolees, or the [
1105 committed to the division for placement in community programs, shall be immediately
1106 notified, in writing, of any violation of law or of conditions of parole or placement.
1107 (3) Case management staff shall:
1108 (a) conduct investigations and make reports requested by the courts to aid them in
1109 determining appropriate case dispositions; and
1110 (b) conduct investigations and make reports requested by the authority to aid it in
1111 making appropriate dispositions in cases of parole, revocation, and termination.
1112 Section 27. Section 63I-1-253 is amended to read:
1113 63I-1-253. Repeal dates, Titles 53 through 53G.
1114 The following provisions are repealed on the following dates:
1115 (1) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
1116 repealed July 1, 2022.
1117 (2) Subsection 53-13-104(6), regarding being 19 years old at certification, is repealed
1118 July 1, 2022.
1119 (3) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
1120 (4) Section 53B-18-1501 is repealed July 1, 2021.
1121 (5) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
1122 (6) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
1123 (7) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
1124 from the Land Exchange Distribution Account to the Geological Survey for test wells, other
1125 hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
1126 (8) Section 53E-3-515 is repealed January 1, 2023.
1127 (9) In relation to a standards review committee, on January 1, 2023:
1128 (a) in Subsection 53E-4-202(8), the language that states "by a standards review
1129 committee and the recommendations of a standards review committee established under
1130 Section 53E-4-203" is repealed; and
1131 (b) Section 53E-4-203 is repealed.
1132 (10) In relation to the SafeUT and School Safety Commission, on January 1, 2023:
1133 (a) Subsection 53B-17-1201(1) is repealed;
1134 (b) Section 53B-17-1203 is repealed;
1135 (c) Subsection 53B-17-1204(2) is repealed;
1136 (d) Subsection 53B-17-1204(4)(a), the language that states "in accordance with the
1137 method described in Subsection (4)(c)" is repealed; and
1138 (e) Subsection 53B-17-1204(4)(c) is repealed.
1139 (11) Section 53F-2-514 is repealed July 1, 2020.
1140 (12) Section 53F-5-203 is repealed July 1, 2024.
1141 (13) Section 53F-5-212 is repealed July 1, 2024.
1142 (14) Section 53F-5-213 is repealed July 1, 2023.
1143 (15) Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native Education State
1144 Plan Pilot Program, is repealed July 1, 2022.
1145 [
1146 [
1147 [
1148 Commission, are repealed January 1, 2025.
1149 [
1150 class C misdemeanor, is repealed July 1, [
1151 Section 28. Section 76-3-406 is amended to read:
1152 76-3-406. Crimes for which probation, suspension of sentence, lower category of
1153 offense, or hospitalization may not be granted.
1154 (1) Notwithstanding Sections 76-3-201 and 77-18-1 and Title 77, Chapter 16a,
1155 Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
1156 76-5-406.5, probation may not be granted, the execution or imposition of sentence may not be
1157 suspended, the court may not enter a judgment for a lower category of offense, and
1158 hospitalization may not be ordered, the effect of which would in any way shorten the prison
1159 sentence for an individual who commits a capital felony or a first degree felony involving:
1160 (a) Section 76-5-202, aggravated murder;
1161 (b) Section 76-5-203, murder;
1162 (c) Section 76-5-301.1, child kidnaping;
1163 (d) Section 76-5-302, aggravated kidnaping;
1164 (e) Section 76-5-402, rape, if the individual is sentenced under Subsection
1165 76-5-402(3)(b), (3)(c), or (4);
1166 (f) Section 76-5-402.1, rape of a child;
1167 (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection
1168 76-5-402.2(1)(b), (1)(c), or (2);
1169 (h) Section 76-5-402.3, object rape of a child;
1170 (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection
1171 76-5-403(3)(b), (3)(c), or (4);
1172 (j) Section 76-5-403.1, sodomy on a child;
1173 (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under
1174 Subsection 76-5-404(2)(b) or (3);
1175 (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;
1176 (m) Section 76-5-405, aggravated sexual assault; or
1177 (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
1178 (2) [
1179 78A-6-703.2 or 78A-6-703.5, the provisions of this section do not apply if the sentencing court
1180 finds that the defendant:
1181 (a) was under [
1182 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
1183 delayed filing of the [
1184
1185 Section 29. Section 76-5-401.3 is amended to read:
1186 76-5-401.3. Unlawful adolescent sexual activity.
1187 (1) As used in this section:
1188 (a) "Adolescent" means [
1189 physical and psychological growth and development between childhood and adulthood who is
1190 12 years [
1191 (b) "Unlawful adolescent sexual activity" means sexual activity between adolescents
1192 under circumstances not amounting to:
1193 (i) rape, in violation of Section 76-5-402;
1194 (ii) rape of a child, in violation of Section 76-5-402.1;
1195 (iii) object rape, in violation of Section 76-5-402.2;
1196 (iv) object rape of a child, in violation of Section 76-5-402.3;
1197 (v) forcible sodomy, in violation of Section 76-5-403;
1198 (vi) sodomy on a child, in violation of Section 76-5-403.1;
1199 [
1200 [
1201 (viii) aggravated sexual assault, in violation of Section 76-5-405; or
1202 (ix) incest, in violation of Section 76-7-102.
1203 (2) Unlawful adolescent sexual activity is punishable as a:
1204 (a) third degree felony if an adolescent who is 17 years [
1205 unlawful adolescent sexual activity with an adolescent who is 12 or 13 years [
1206 (b) third degree felony if an adolescent who is 16 years [
1207 unlawful adolescent sexual activity with an adolescent who is 12 years [
1208 (c) class A misdemeanor if an adolescent who is 16 years [
1209 unlawful adolescent sexual activity with an adolescent who is 13 years [
1210 (d) class A misdemeanor if an adolescent who is 14 or 15 years [
1211 unlawful adolescent sexual activity with an adolescent who is 12 years [
1212 (e) class B misdemeanor if an adolescent who is 17 years [
1213 unlawful adolescent sexual activity with an adolescent who is 14 years [
1214 (f) class B misdemeanor if an adolescent who is 15 years [
1215 unlawful adolescent sexual activity with an adolescent who is 13 years [
1216 (g) class C misdemeanor if an adolescent who is 12 or 13 years [
1217 unlawful adolescent sexual activity with an adolescent who is 12 or 13 years [
1218 (h) class C misdemeanor if an adolescent who is 14 years [
1219 unlawful adolescent sexual activity with an adolescent who is 13 years [
1220 (3) [
1221 adjustment under Section 78A-6-602 or a referral to youth court under Section 78A-6-1203.
1222 (4) [
1223
1224 juvenile court in accordance with Section 78A-6-703.5, the district court may enter any
1225 sentence or combination of sentences [
1226 but for the delayed reporting or delayed filing of the information in the district court.
1227 (5) An offense under this section is not subject to registration under Subsection
1228 77-41-102(17).
1229 Section 30. Section 76-10-105 (Superseded 07/01/20) is amended to read:
1230 76-10-105 (Superseded 07/01/20). Buying or possessing a cigar, cigarette,
1231 electronic cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
1232 (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
1233 possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
1234 misdemeanor and subject to:
1235 (a) a minimum fine or penalty of $60; and
1236 (b) participation in a court-approved tobacco education program, which may include a
1237 participation fee.
1238 (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
1239 person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is [
1240
1241 is committed on school property under Section 53G-8-211. If a violation under this section is
1242 adjudicated under Section 78A-6-117, the minor may be subject to the following:
1243 (a) a fine or penalty, in accordance with Section 78A-6-117; and
1244 (b) participation in a court-approved tobacco education program, which may include a
1245 participation fee.
1246 (3) A compliance officer appointed by a board of education under Section 53G-4-402
1247 may not issue a citation for a violation of this section committed on school property. A cited
1248 violation committed on school property shall be addressed in accordance with Section
1249 53G-8-211.
1250 Section 31. Section 76-10-105 (Effective 07/01/20) is amended to read:
1251 76-10-105 (Effective 07/01/20). Buying or possessing a cigar, cigarette, electronic
1252 cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
1253 (1) (a) An individual who is 18 years old or older, but younger than the age specified in
1254 Subsection (1)(b), and buys or attempts to buy, accepts, or has in the individual's possession
1255 any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of an infraction and
1256 subject to:
1257 (i) a minimum fine or penalty of $60; and
1258 (ii) participation in a court-approved tobacco education or cessation program, which
1259 may include a participation fee.
1260 (b) For purposes of Subsection (1)(a), the individual is younger than:
1261 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
1262 (ii) beginning July 1, 2021, 21 years old.
1263 (2) (a) An individual under [
1264 accepts, or has in the individual's possession any cigar, cigarette, electronic cigarette, or
1265 tobacco in any form is [
1266 78A-6-602, unless the violation is committed on school property under Section 53G-8-211.
1267 (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
1268 may be subject to the following:
1269 [
1270 [
1271 include a participation fee.
1272 (3) (a) A compliance officer appointed by a board of education under Section
1273 53G-4-402 may not issue a citation for a violation of this section committed on school
1274 property.
1275 (b) A cited violation committed on school property shall be addressed in accordance
1276 with Section 53G-8-211.
1277 (4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
1278 electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is 18 years old or
1279 older and is:
1280 (i) on active duty in the United States Armed Forces; or
1281 (ii) a spouse or dependent of an individual who is on active duty in the United States
1282 Armed Forces.
1283 (b) A valid, government-issued military identification card is required to verify proof
1284 of age under Subsection (4)(a).
1285 Section 32. Section 76-10-1302 is amended to read:
1286 76-10-1302. Prostitution.
1287 (1) An individual is guilty of prostitution when the individual:
1288 (a) engages, offers, or agrees to engage in any sexual activity with another individual
1289 for a fee, or the functional equivalent of a fee;
1290 (b) takes steps in arranging a meeting through any form of advertising, agreeing to
1291 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
1292 or the functional equivalent of a fee; or
1293 (c) loiters in or within view of any public place for the purpose of being hired to
1294 engage in sexual activity.
1295 (2) (a) Except as provided in Subsection (2)(b) and Section 76-10-1309, prostitution is
1296 a class B misdemeanor.
1297 (b) Except as provided in Section 76-10-1309, an individual who is convicted a second
1298 time, and on all subsequent convictions, of a subsequent offense of prostitution under this
1299 section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of
1300 a class A misdemeanor.
1301 (3) (a) As used in this Subsection (3):
1302 (i) "Child" means the same as that term is defined in Section 76-10-1301.
1303 (ii) "Child engaged in commercial sex" means a child who engages in conduct
1304 described in Subsection (1).
1305 (iii) "Child engaged in sexual solicitation" means a child who offers or agrees to
1306 commit or engage in any sexual activity with another person for a fee or the functional
1307 equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
1308 (iv) "Division" means the Division of Child and Family Services created in Section
1309 62A-4a-103.
1310 (v) "Receiving center" means the same as that term is defined in Section 62A-7-101.
1311 (b) Upon encountering a child engaged in commercial sex or sexual solicitation, a law
1312 enforcement officer shall:
1313 (i) conduct an investigation regarding possible human trafficking of the child pursuant
1314 to Sections 76-5-308 and 76-5-308.5;
1315 (ii) refer the child to the division;
1316 (iii) bring the child to a receiving center, if available; and
1317 (iv) contact the child's parent or guardian, if practicable.
1318 (c) When law enforcement refers a child to the division under Subsection (3)(b)(ii) the
1319 division shall provide services to the child under Title 62A, Chapter 4a, Child and Family
1320 Services.
1321 (4) A child may not be subjected to [
1322
1323 proceeding for prostitution under Title 78A, Chapter 6, Juvenile Court Act.
1324 (5) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
1325 the individual engages in a violation of Subsection (1) at or near the time the individual
1326 witnesses or is a victim of any of the following offenses, or an attempt to commit any of the
1327 following offenses, and the individual reports the offense or attempt to law enforcement in
1328 good faith:
1329 (a) assault, Section 76-5-102;
1330 (b) aggravated assault, Section 76-5-103;
1331 (c) mayhem, Section 76-5-105;
1332 (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
1333 homicide, or homicide by assault under Title 76, Chapter 5, Part 2, Criminal Homicide;
1334 (e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
1335 aggravated human trafficking, human smuggling or aggravated human smuggling, or human
1336 trafficking of a child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and
1337 Smuggling;
1338 (f) rape, Section 76-5-402;
1339 (g) rape of a child, Section 76-5-402.1;
1340 (h) object rape, Section 76-5-402.2;
1341 (i) object rape of a child, Section 76-5-402.3;
1342 (j) forcible sodomy, Section 76-5-403;
1343 (k) sodomy on a child, Section 76-5-403.1;
1344 (l) forcible sexual abuse, Section 76-5-404;
1345 (m) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1;
1346 (n) aggravated sexual assault, Section 76-5-405;
1347 (o) sexual exploitation of a minor, Section 76-5b-201;
1348 (p) sexual exploitation of a vulnerable adult, Section 76-5b-202;
1349 (q) aggravated burglary or burglary of a dwelling under Title 76, Chapter 6, Part 2,
1350 Burglary and Criminal Trespass;
1351 (r) aggravated robbery or robbery under Title 76, Chapter 6, Part 3, Robbery; or
1352 (s) theft by extortion under Subsection 76-6-406(2)(a) or (b).
1353 Section 33. Section 77-2-9 is amended to read:
1354 77-2-9. Offenses ineligible for diversion.
1355 [
1356
1357 (1) A magistrate may not grant a diversion for:
1358 (a) a capital felony;
1359 (b) a felony in the first degree;
1360 (c) any case involving a sexual offense against a victim who is under [
1361 years old;
1362 (d) any motor vehicle related offense involving alcohol or drugs;
1363 (e) any case involving using a motor vehicle in the commission of a felony;
1364 (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended
1365 license;
1366 (g) any case involving operating a commercial motor vehicle in a negligent manner
1367 causing the death of another including the offenses of:
1368 (i) manslaughter under Section 76-5-205; or
1369 (ii) negligent homicide under Section 76-5-206; or
1370 (h) a crime of domestic violence as defined in Section 77-36-1.
1371 (2) When [
1372 76, Chapter 5, Part 4, Sexual Offenses, while under [
1373 enter a diversion in the matter if the court enters on the record [
1374 (a) the offenses could have been adjudicated in juvenile court but for the delayed
1375 reporting or delayed filing of the information in the district court, unless the offenses are before
1376 the court [
1377 Section 78A-6-703.2 or 78A-6-703.5;
1378 (b) the [
1379 (c) there is no more than three years' difference between the ages of the participants;
1380 and
1381 (d) it would be in the best interest of the person to grant diversion.
1382 Section 34. Section 77-38a-102 is amended to read:
1383 77-38a-102. Definitions.
1384 As used in this chapter:
1385 (1) "Conviction" includes a:
1386 (a) judgment of guilt;
1387 (b) a plea of guilty; or
1388 (c) a plea of no contest.
1389 (2) "Criminal activities" means:
1390 (a) any misdemeanor or felony offense of which the defendant is convicted; or
1391 (b) any other criminal conduct for which the defendant admits responsibility to the
1392 sentencing court with or without an admission of committing the criminal conduct.
1393 (3) (a) "Defendant" means an individual who has been convicted of, or entered into a
1394 plea disposition for, a criminal activity.
1395 (b) "Defendant" does not include a minor, as defined in Section 78A-6-105, who is
1396 adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 78A, Chapter
1397 6, Juvenile Court Act.
1398 [
1399 [
1400 condition that a defendant agree to participate in a rehabilitation program, make restitution to
1401 the victim, or fulfill some other condition.
1402 [
1403 prosecution.
1404 [
1405 yet incurred, including those which a person could recover in a civil action arising out of the
1406 facts or events constituting the defendant's criminal activities and includes the fair market value
1407 of property taken, destroyed, broken, or otherwise harmed, and losses, including lost earnings,
1408 including those and other travel expenses reasonably incurred as a result of participation in
1409 criminal proceedings, and medical and other expenses, but excludes punitive or exemplary
1410 damages and pain and suffering.
1411 [
1412 defendant setting forth the special terms and conditions and criminal charges upon which the
1413 defendant will enter a plea of guilty or no contest.
1414 [
1415 and defendant including diversion, plea agreement, plea in abeyance agreement, or any
1416 agreement by which the defendant may enter a plea in any other jurisdiction or where charges
1417 are dismissed without a plea.
1418 [
1419 prosecution and the defendant, accepting a plea of guilty or of no contest from the defendant
1420 but not, at that time, entering judgment of conviction against him nor imposing sentence upon
1421 him on condition that he comply with specific conditions as set forth in a plea in abeyance
1422 agreement.
1423 [
1424 prosecution and the defendant setting forth the specific terms and conditions upon which,
1425 following acceptance of the agreement by the court, a plea may be held in abeyance.
1426 [
1427 damages to a victim, including prejudgment interest, the accrual of interest from the time of
1428 sentencing, insured damages, reimbursement for payment of a reward, and payment for
1429 expenses to a governmental entity for extradition or transportation and as may be further
1430 defined by law.
1431 [
1432 (i) offered to the public for information leading to the arrest and conviction of an
1433 offender; and
1434 (ii) that has been paid to a person or persons who provide this information, except that
1435 the person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
1436 (b) "Reward" does not include any amount paid in excess of the sum offered to the
1437 public.
1438 [
1439 investigative action, proceed with prosecution, move to dismiss a prosecution that has been
1440 commenced, or cause a prosecution to be diverted.
1441 [
1442 Office for Victims of Crime, [
1443 as a result of the defendant's criminal activities.
1444 (b) "Victim" may not include a codefendant or accomplice.
1445 Section 35. Section 77-38a-302 is amended to read:
1446 77-38a-302. Restitution criteria.
1447 (1) When a defendant enters into a plea disposition or is convicted of criminal activity
1448 that has resulted in pecuniary damages, in addition to any other sentence or term of a plea in
1449 abeyance [
1450 [
1451 defendant has agreed to make restitution as part of a plea disposition.[
1452
1453 determining whether restitution is appropriate, the court shall follow the criteria and procedures
1454 as provided in Subsections (2) through (5).
1455 (2) In determining restitution, the court shall determine complete restitution and
1456 court-ordered restitution.
1457 (a) "Complete restitution" means restitution necessary to compensate a victim for all
1458 losses caused by the defendant.
1459 (b) "Court-ordered restitution" means the restitution the court having criminal
1460 jurisdiction orders the defendant to pay as a part of the criminal sentence.
1461 (c) Complete restitution and court-ordered restitution shall be determined as provided
1462 in Subsection (5).
1463 (3) If the court determines that restitution is appropriate or inappropriate under this
1464 part, the court shall make the reasons for the decision part of the court record.
1465 (4) If the defendant objects to the imposition, amount, or distribution of the restitution,
1466 the court shall allow the defendant a full hearing on the issue.
1467 (5) (a) For the purpose of determining restitution for an offense, the offense shall
1468 include any criminal conduct admitted by the defendant to the sentencing court or for which the
1469 defendant agrees to pay restitution. A victim of an offense that involves as an element a
1470 scheme, a conspiracy, or a pattern of criminal activity, includes any person directly harmed by
1471 the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.
1472 (b) In determining the monetary sum and other conditions for complete restitution, the
1473 court shall consider all relevant facts, including:
1474 (i) the cost of the damage or loss if the offense resulted in damage to or loss or
1475 destruction of property of a victim of the offense;
1476 (ii) the cost of necessary medical and related professional services and devices relating
1477 to physical or mental health care, including nonmedical care and treatment rendered in
1478 accordance with a method of healing recognized by the law of the place of treatment;
1479 (iii) the cost of necessary physical and occupational therapy and rehabilitation;
1480 (iv) the income lost by the victim as a result of the offense;
1481 (v) the individual victim's reasonable determinable wages that are lost due to theft of or
1482 damage to tools or equipment items of a trade that were owned by the victim and were essential
1483 to the victim's current employment at the time of the offense;
1484 (vi) the cost of necessary funeral and related services if the offense resulted in the death
1485 of a victim; and
1486 (vii) expenses incurred by a victim in implementing reasonable security measures in
1487 response to the offense.
1488 (c) In determining the monetary sum and other conditions for court-ordered restitution,
1489 the court shall consider:
1490 (i) the factors listed in Subsections (5)(a) and (b);
1491 (ii) the financial resources of the defendant, as disclosed in the financial declaration
1492 described in Section 77-38a-204;
1493 (iii) the burden that payment of restitution will impose, with regard to the other
1494 obligations of the defendant;
1495 (iv) the ability of the defendant to pay restitution on an installment basis or on other
1496 conditions to be fixed by the court;
1497 (v) the rehabilitative effect on the defendant of the payment of restitution and the
1498 method of payment; and
1499 (vi) other circumstances that the court determines may make restitution inappropriate.
1500 (d) (i) The prosecuting agency shall submit all requests for complete restitution and
1501 court-ordered restitution to the court at the time of sentencing if feasible, otherwise within one
1502 year after sentencing.
1503 (ii) If a defendant is placed on probation pursuant to Section 77-18-1:
1504 (A) the court shall determine complete restitution and court-ordered restitution; and
1505 (B) the time period for determination of complete restitution and court-ordered
1506 restitution may be extended by the court upon a finding of good cause, but may not exceed the
1507 period of the probation term served by the defendant.
1508 (iii) If the defendant is committed to prison:
1509 (A) any pecuniary damages that have not been determined by the court within one year
1510 after sentencing may be determined by the Board of Pardons and Parole; and
1511 (B) the Board of Pardons and Parole may, within one year after sentencing, refer an
1512 order of judgment and commitment back to the court for determination of restitution.
1513 Section 36. Section 77-38a-404 is amended to read:
1514 77-38a-404. Priority.
1515 (1) Restitution payments made pursuant to a court order shall be disbursed to victims
1516 within 60 days of receipt from the defendant by the court or department provided:
1517 (a) the victim has complied with Subsection 77-38a-203(1)(b);
1518 (b) if the defendant has tendered a negotiable instrument, funds from the financial
1519 institution are actually received; and
1520 (c) the payment to the victim is at least $5, unless the payment is the final payment.
1521 (2) If restitution to more than one person, agency, or entity is required at the same time,
1522 the department shall establish the following priorities of payment, except as provided in
1523 Subsection (4):
1524 (a) the crime victim;
1525 (b) the Utah Office for Victims of Crime;
1526 (c) any other government agency which has provided reimbursement to the victim as a
1527 result of the offender's criminal conduct;
1528 (d) the person, entity, or governmental agency that has offered and paid a reward under
1529 Section 77-32a-101 [
1530 (e) any insurance company which has provided reimbursement to the victim as a result
1531 of the offender's criminal conduct; and
1532 (f) any county correctional facility to which the defendant is required to pay restitution
1533 under Subsection 76-3-201(6).
1534 (3) Restitution ordered under Subsection (2)(f) is paid after criminal fines and
1535 surcharges are paid.
1536 (4) If the offender is required under Section 53-10-404 to reimburse the department for
1537 the cost of obtaining the offender's DNA specimen, this reimbursement is the next priority after
1538 restitution to the crime victim under Subsection (2)(a).
1539 (5) All money collected for court-ordered obligations from offenders by the department
1540 will be applied:
1541 (a) first, to victim restitution, except the current and past due amount of $30 per month
1542 required to be collected by the department under Section 64-13-21, if applicable; and
1543 (b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection
1544 (4).
1545 (6) Restitution owed to more than one victim shall be disbursed to each victim
1546 according to the percentage of each victim's share of the total restitution order.
1547 Section 37. Section 78A-5-102 is amended to read:
1548 78A-5-102. Jurisdiction -- Appeals.
1549 (1) As used in this section:
1550 (a) "Qualifying offense" means an offense described in Subsection 78A-6-703.2(1)(b).
1551 (b) "Separate offense" means any offense that is not a qualifying offense.
1552 (c) "Single criminal episode" means the same as that term is defined in Section
1553 76-1-401.
1554 [
1555 district court has original jurisdiction in all matters civil and criminal[
1556
1557 [
1558 (3) A district court judge may issue all extraordinary writs and other writs necessary to
1559 carry into effect [
1560 [
1561 with the rules of the Supreme Court.
1562 [
1563 court prior to July 1, 1996.
1564 [
1565 justice court as outlined in Section 78A-7-118 and small claims appeals filed [
1566 accordance with Section 78A-8-106.
1567 [
1568 decrees of the district court [
1569 [
1570 (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4,
1571 Administrative Procedures Act, and shall comply with the requirements of that chapter in its
1572 review of agency adjudicative proceedings; and
1573 (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
1574 [
1575
1576
1577 (9) Notwithstanding Section 78A-7-106, the district court has original jurisdiction
1578 over:
1579 (a) a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
1580 ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
1581 [
1582 [
1583 district courthouse is located and that municipality has not formed, or has not formed and then
1584 dissolved, a justice court; or
1585 [
1586 single criminal episode alleging the commission of a felony or a class A misdemeanor[
1587 individual who is 18 years old or older ; or
1588 (b) a qualifying offense committed by an individual who is 16 or 17 years old.
1589 [
1590
1591
1592 (10) (a) Notwithstanding Subsection 78A-7-106(2), the district court has exclusive
1593 jurisdiction over any separate offense:
1594 (i) committed by an individual who is 16 or 17 years old; and
1595 (ii) arising from a single criminal episode containing a qualifying offense for which the
1596 district court has original jurisdiction under Subsection (9)(b).
1597 (b) If an individual who is charged with a qualifying offense enters a plea to, or is
1598 found guilty of, a separate offense other than the qualifying offense, the district court shall have
1599 jurisdiction over the separate offense.
1600 (c) If an individual who is 16 or 17 years old is charged with a qualifying offense and
1601 the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal, the
1602 exclusive jurisdiction of the district court over any separate offense is terminated.
1603 (11) If a district court has jurisdiction in accordance with Subsection (6), (9)(a)(i), or
1604 (9)(a)(ii), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2)
1605 even if the offense is committed by an individual who is 16 or 17 years old.
1606 (12) The district court has subject matter jurisdiction over an offense for which the
1607 juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
1608 offense to the district court in accordance with Section 78A-6-703.5.
1609 [
1610 under Title 78B, Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the
1611 [
1612 Section 38. Section 78A-6-103 is amended to read:
1613 78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
1614 [
1615
1616 [
1617
1618
1619 [
1620
1621 [
1622 (1) Except as otherwise provided by Subsections 78A-5-102(9), 78A-5-102(10), and
1623 78A-7-106(2), the juvenile court has original jurisdiction over:
1624 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1625 state, or federal law, that was committed by a child; and
1626 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1627 state, or federal law, that was committed by an individual:
1628 (i) who is under 21 years old at the time of all court proceedings; and
1629 (ii) who was under 18 years old at the time the offense was committed.
1630 (2) The juvenile court has original jurisdiction over any proceeding concerning:
1631 [
1632 terms are defined in Section 78A-6-105;
1633 [
1634 Chapter 7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district
1635 court if the juvenile court has entered an ex parte protective order and finds that:
1636 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
1637 parent of the child who is the object of the petition;
1638 (ii) the district court has a petition pending or an order related to custody or parent-time
1639 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
1640 or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
1641 respondent are parties; and
1642 (iii) the best interests of the child will be better served in the district court;
1643 [
1644 minor who comes within the court's jurisdiction under other provisions of this section;
1645 [
1646 [
1647 Termination of Parental Rights Act, including termination of residual parental rights and
1648 duties;
1649 [
1650 [
1651 determination of voluntariness or where otherwise required by law;
1652 [
1653 at the discretion of the court and on the recommendation of a secure facility, the parent [
1654
1655 rehabilitation therapy under the direction of a secure facility therapist, who has supervision of
1656 that parent's [
1657 by the court as recommended by a secure facility;
1658 [
1659 [
1660 (j) the treatment or commitment of a child with a mental illness in accordance with
1661 Subsection (11) ;
1662 [
1663 with Section 62A-15-301;
1664 [
1665 Section 78A-6-1301;
1666 [
1667 adjudicative proceeding as provided in Section 63G-4-402; and
1668 [
1669 78B, Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an
1670 order terminating the rights of a parent and finds that adoption is in the best interest of the
1671 child.
1672 [
1673
1674 [
1675 [
1676 [
1677
1678
1679 [
1680
1681
1682 (3) (a) Except as provided in Subsection (3)(c), the juvenile court has exclusive
1683 jurisdiction over a felony, misdemeanor, infraction, or violation of an ordinance:
1684 (i) committed by a child and that arises from a single criminal episode containing an
1685 offense for which:
1686 (A) a citation, petition, indictment, or criminal information is filed; and
1687 (B) the court has original jurisdiction; and
1688 (ii) committed by an individual who is under 21 years old at the time of all court
1689 proceedings, but committed before the individual was 18 years old, and that arises from a
1690 single criminal episode containing an offense for which:
1691 (A) a citation, petition, indictment, or criminal information is filed; and
1692 (B) the court has original jurisdiction.
1693 (b) For purposes of this Subsection (3), the juvenile court has jurisdiction over the
1694 following offenses committed by an individual who is under 21 years old at the time of all
1695 court proceedings, but was under 18 years old at the time the offense was committed:
1696 (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
1697 (ii) Section 73-18-12.
1698 (c) If a juvenile court transfers jurisdiction of an offense to the district court under
1699 Section 78A-6-703.5, the exclusive jurisdiction of the juvenile court over that offense is
1700 terminated.
1701 (4) (a) As used in this Subsection (4):
1702 (i) "Qualifying offense" means an offense described in Sections 78A-3-703.2 and
1703 78A-3-703.3.
1704 (ii) "Separate offense" means any offense that is not a qualifying offense.
1705 (b) The juvenile court:
1706 (i) regains exclusive jurisdiction over any separate offense described in Subsection
1707 (3)(a) if:
1708 (A) the individual who is alleged to have committed the separate offense is bound over
1709 to the district court for a qualifying offense under Section 78A-6-703.5; and
1710 (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal;
1711 and
1712 (ii) gains exclusive jurisdiction over any separate offense described in Subsection
1713 (3)(a) if:
1714 (A) the individual who is alleged to have committed the separate offense is charged for
1715 a qualifying offense under Section 78A-6-703.2 in the district court; and
1716 (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal
1717 in the district court.
1718 [
1719 who is referred to [
1720 public or private agencies that contract with the division to provide services to that child when,
1721 despite earnest and persistent efforts by the division or agency, the child has demonstrated that
1722 the child:
1723 (a) is beyond the control of the child's parent, guardian, or lawful custodian to the
1724 extent that the child's behavior or condition endangers the child's own welfare or the welfare of
1725 others; or
1726 (b) has run away from home.
1727 (6) The juvenile court has continuing jurisdiction over a minor's case for an offense
1728 that is adjudicated under Section 78A-6-117 until jurisdiction is terminated in accordance with
1729 Section 78A-6-120.
1730 [
1731 agencies or other persons.
1732 [
1733 arising under [
1734 [
1735 unsubstantiated, or without merit, in accordance with Section 78A-6-323.
1736 [
1737 transferred to [
1738 Subsection 78A-7-106[
1739 [
1740 mental health authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of
1741 Persons Under Age 18 to Division of Substance Abuse and Mental Health, but not directly to
1742 the Utah State Hospital.
1743 Section 39. Section 78A-6-104 is amended to read:
1744 78A-6-104. Concurrent jurisdiction.
1745 (1) The district court, or any other court, has concurrent jurisdiction with the juvenile
1746 court [
1747
1748
1749 testing for the purposes of establishing paternity, in accordance with Title 78B, Chapter 15,
1750 Utah Uniform Parentage Act, with regard to proceedings initiated under Part 3, Abuse, Neglect,
1751 and Dependency Proceedings, or Part 5, Termination of Parental Rights Act.
1752 (2) The juvenile court has jurisdiction over petitions to modify a minor's birth
1753 certificate if the court otherwise has jurisdiction over the minor.
1754 (3) This section does not deprive the district court of jurisdiction to appoint a guardian
1755 for a child, or to determine the support, custody, and parent-time of a child upon writ of habeas
1756 corpus or when the question of support, custody, and parent-time is incidental to the
1757 determination of a cause in the district court.
1758 (4) (a) When a support, custody, or parent-time award has been made by a district court
1759 in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
1760 continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the
1761 child is dependent, abused, neglected, or otherwise comes within the jurisdiction of the juvenile
1762 court under Section 78A-6-103.
1763 (b) The juvenile court may, by order, change the custody, subject to Subsection
1764 30-3-10(6), support, parent-time, and visitation rights previously ordered in the district court as
1765 necessary to implement the order of the juvenile court for the safety and welfare of the child.
1766 The juvenile court order remains in effect so long as the jurisdiction of the juvenile court
1767 continues.
1768 (c) If a copy of the findings and order of the juvenile court has been filed with the
1769 district court, the findings and order of the juvenile court are binding on the parties to the
1770 divorce action as though entered in the district court.
1771 (5) The juvenile court has jurisdiction over questions of custody, support, and
1772 parent-time of a minor who comes within the court's jurisdiction under this section or Section
1773 78A-6-103.
1774 Section 40. Section 78A-6-105 is amended to read:
1775 78A-6-105. Definitions.
1776 As used in this chapter:
1777 (1) (a) "Abuse" means:
1778 (i) (A) nonaccidental harm of a child;
1779 (B) threatened harm of a child;
1780 (C) sexual exploitation;
1781 (D) sexual abuse; or
1782 (E) human trafficking of a child in violation of Section 76-5-308.5; or
1783 (ii) that a child's natural parent:
1784 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
1785 child;
1786 (B) is identified by a law enforcement agency as the primary suspect in an investigation
1787 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
1788 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1789 recklessly causing the death of another parent of the child.
1790 (b) "Abuse" does not include:
1791 (i) reasonable discipline or management of a child, including withholding privileges;
1792 (ii) conduct described in Section 76-2-401; or
1793 (iii) the use of reasonable and necessary physical restraint or force on a child:
1794 (A) in self-defense;
1795 (B) in defense of others;
1796 (C) to protect the child; or
1797 (D) to remove a weapon in the possession of a child for any of the reasons described in
1798 Subsections (1)(b)(iii)(A) through (C).
1799 (2) "Abused child" means a child who has been subjected to abuse.
1800 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
1801 facts alleged in the petition have been proved. [
1802 (b) "Adjudication" does not mean a finding of not competent to proceed [
1803 in accordance with Section 78A-6-1302 [
1804 (4) (a) "Adult" means an individual [
1805
1806 (b) "Adult" does not include an individual:
1807 (i) who is 18 years old or older; and
1808 (ii) whose case is under the continuing jurisdiction of the juvenile court [
1809 accordance with Section 78A-6-120 [
1810 (5) "Board" means the Board of Juvenile Court Judges.
1811 (6) "Child" means an individual who is under 18 years [
1812 (7) "Child placement agency" means:
1813 (a) a private agency licensed to receive a child for placement or adoption under this
1814 code; or
1815 (b) a private agency that receives a child for placement or adoption in another state,
1816 which agency is licensed or approved where such license or approval is required by law.
1817 (8) "Clandestine laboratory operation" means the same as that term is defined in
1818 Section 58-37d-3.
1819 (9) "Commit" means, unless specified otherwise:
1820 (a) with respect to a child, to transfer legal custody; and
1821 (b) with respect to a minor who is at least 18 years [
1822 (10) "Court" means the juvenile court.
1823 (11) "Criminogenic risk factors" means evidence-based factors that are associated with
1824 a minor's likelihood of reoffending.
1825 (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
1826 committed by an adult.
1827 (13) "Department" means the Department of Human Services created in Section
1828 62A-1-102.
1829 (14) "Dependent child" includes a child who is homeless or without proper care
1830 through no fault of the child's parent, guardian, or custodian.
1831 (15) "Deprivation of custody" means transfer of legal custody by the court from a
1832 parent or the parents or a previous legal custodian to another person, agency, or institution.
1833 (16) "Detention" means home detention and secure detention as defined in Section
1834 62A-7-101 for the temporary care of a minor who requires secure custody in a physically
1835 restricting facility:
1836 (a) pending court disposition or transfer to another jurisdiction; or
1837 (b) while the minor's case is under the continuing jurisdiction of the court.
1838 (17) "Detention risk assessment tool" means an evidence-based tool established under
1839 Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
1840 court or reoffending pre-adjudication and designed to assist in making detention
1841 determinations.
1842 (18) "Developmental immaturity" means incomplete development in one or more
1843 domains which manifests as a functional limitation in the minor's present ability to consult with
1844 counsel with a reasonable degree of rational understanding and have a rational as well as
1845 factual understanding of the proceedings.
1846 (19) "Division" means the Division of Child and Family Services.
1847 (20) "Educational neglect" means that, after receiving a notice of compulsory education
1848 violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
1849 ensure that the child receives an appropriate education.
1850 (21) "Educational series" means an evidence-based instructional series:
1851 (a) obtained at a substance abuse program that is approved by the Division of
1852 Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
1853 (b) designed to prevent substance use or the onset of a mental health disorder.
1854 [
1855 randomized control studies or a meta-analysis demonstrating that the program or practice is
1856 effective for a specific population or has been rated as effective by a standardized program
1857 evaluation tool.
1858 [
1859 77-15-2.
1860 [
1861 probation department or other agency designated by the court and subject to return to the court
1862 in accordance with Section 78A-6-123 on and after July 1, 2018.
1863 [
1864 person informing the court that a minor is, or appears to be, within the court's jurisdiction and
1865 that [
1866 prosecuting attorney.
1867 [
1868 of one or more individuals in the group, depending upon the recommendation of the therapist.
1869 [
1870 (a) marriage;
1871 (b) enlistment in the armed forces;
1872 (c) major medical, surgical, or psychiatric treatment; or
1873 (d) legal custody, if legal custody is not vested in another individual, agency, or
1874 institution.
1875 [
1876 53G-6-201.
1877 [
1878 (a) physical or developmental injury or damage;
1879 (b) emotional damage that results in a serious impairment in the child's growth,
1880 development, behavior, or psychological functioning;
1881 (c) sexual abuse; or
1882 (d) sexual exploitation.
1883 [
1884 the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
1885 nephew, niece, or first cousin.
1886 (b) The relationships described in Subsection [
1887 (i) blood relationships of the whole or half blood, without regard to legitimacy;
1888 (ii) relationships of parent and child by adoption; and
1889 (iii) relationships of stepparent and stepchild while the marriage creating the
1890 relationship of a stepparent and stepchild exists.
1891 [
1892 field supervision, but is overseen by a juvenile probation officer, during which a minor is
1893 subject to return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.
1894 [
1895 functioning existing concurrently with deficits in adaptive behavior that constitutes a
1896 substantial limitation to the individual's ability to function in society.
1897 [
1898 duties:
1899 (a) the right to physical custody of the minor;
1900 (b) the right and duty to protect, train, and discipline the minor;
1901 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1902 medical care;
1903 (d) the right to determine where and with whom the minor shall live; and
1904 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
1905 [
1906 (a) property loss;
1907 (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
1908 (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
1909 police or prosecution; or
1910 (d) medical [
1911 [
1912 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1913 behavioral, or related functioning; or
1914 (b) the same as that term is defined in:
1915 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1916 published by the American Psychiatric Association; or
1917 (ii) the current edition of the International Statistical Classification of Diseases and
1918 Related Health Problems.
1919 [
1920 [
1921 [
1922 [
1923 [
1924 (a) for the purpose of juvenile delinquency:
1925 (i) a child; or
1926 (ii) an individual:
1927 (A) who is at least 18 years old and younger than 25 years old; and
1928 (B) whose case is under the jurisdiction of the juvenile court; and
1929 (b) for all other purposes in this chapter:
1930 (i) a child; or
1931 (ii) an individual:
1932 (A) who is at least 18 years old and younger than 21 years old; and
1933 (B) whose case is under the jurisdiction of the juvenile court.
1934 [
1935 [
1936 behavioral health or psychiatric [
1937 [
1938 the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any
1939 child, or the breast of a female child, or takes indecent liberties with a child as defined in
1940 Section 76-5-416.
1941 [
1942 (b) "Natural parent" includes the minor's noncustodial parent.
1943 [
1944 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
1945 Relinquishment of a Newborn Child;
1946 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
1947 guardian, or custodian;
1948 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
1949 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
1950 well-being;
1951 (iv) a child to be at risk of being neglected or abused because another child in the same
1952 home is neglected or abused;
1953 (v) abandonment of a child through an unregulated custody transfer; or
1954 (vi) educational neglect.
1955 (b) "Neglect" does not include:
1956 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
1957 reason, does not provide specified medical treatment for a child;
1958 (ii) a health care decision made for a child by the child's parent or guardian, unless the
1959 state or other party to a proceeding shows, by clear and convincing evidence, that the health
1960 care decision is not reasonable and informed;
1961 (iii) a parent or guardian exercising the right described in Section 78A-6-301.5; or
1962 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
1963 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
1964 including:
1965 (A) traveling to and from school, including by walking, running, or bicycling;
1966 (B) traveling to and from nearby commercial or recreational facilities;
1967 (C) engaging in outdoor play;
1968 (D) remaining in a vehicle unattended, except under the conditions described in
1969 Subsection 76-10-2202(2);
1970 (E) remaining at home unattended; or
1971 (F) engaging in a similar independent activity.
1972 [
1973 [
1974 probation officer without judicial determination upon the consent in writing of:
1975 (a) the assigned probation officer; and
1976 (b) (i) the minor; or
1977 (ii) the minor and the minor's parent, legal guardian, or custodian.
1978 [
1979 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
1980 (a) understand the nature of the proceedings against [
1981 potential disposition for the offense charged; or
1982 (b) consult with counsel and participate in the proceedings against [
1983 with a reasonable degree of rational understanding.
1984 [
1985 child.
1986 [
1987 adjudication on the ground of a violation of law or under Section 78A-6-103, whereby the
1988 minor is permitted to remain in the minor's home under prescribed conditions.
1989 (46) "Prosecuting attorney" means:
1990 (a) the attorney general and any assistant attorney general;
1991 (b) any district attorney or deputy district attorney;
1992 (c) any county attorney or assistant county attorney; and
1993 (d) any other attorney authorized to commence an action on behalf of the state.
1994 [
1995 following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
1996 is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,
1997 neglect, or dependency is provided by the probation department or other agency designated by
1998 the court.
1999 [
2000 (i) is found to be closely related to intellectual disability;
2001 (ii) results in impairment of general intellectual functioning or adaptive behavior
2002 similar to that of an intellectually disabled individual;
2003 (iii) is likely to continue indefinitely; and
2004 (iv) constitutes a substantial limitation to the individual's ability to function in society.
2005 (b) "Related condition" does not include mental illness, psychiatric impairment, or
2006 serious emotional or behavioral disturbance.
2007 [
2008 remaining with the parent after legal custody or guardianship, or both, have been vested in
2009 another person or agency, including:
2010 (i) the responsibility for support;
2011 (ii) the right to consent to adoption;
2012 (iii) the right to determine the child's religious affiliation; and
2013 (iv) the right to reasonable parent-time unless restricted by the court.
2014 (b) If no guardian has been appointed, "residual parental rights and duties" [
2015
2016 (i) marriage;
2017 (ii) enlistment; and
2018 (iii) major medical, surgical, or psychiatric treatment.
2019 [
2020 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
2021 youth offenders committed to the division for custody and rehabilitation [
2022 accordance with Subsection 78A-6-117(2)(d).
2023 [
2024 to a child.
2025 [
2026 harm to a child.
2027 [
2028 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2029 adult directed towards a child;
2030 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2031 committed by a child towards another child if:
2032 (i) there is an indication of force or coercion;
2033 (ii) the children are related, as described in Subsection [
2034 by marriage while the marriage exists or by adoption;
2035 (iii) there have been repeated incidents of sexual contact between the two children,
2036 unless the children are 14 years [
2037 (iv) there is a disparity in chronological age of four or more years between the two
2038 children;
2039 (c) engaging in any conduct with a child that would constitute an offense under any of
2040 the following, regardless of whether the individual who engages in the conduct is actually
2041 charged with, or convicted of, the offense:
2042 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2043 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2044 (ii) child bigamy, Section 76-7-101.5;
2045 (iii) incest, Section 76-7-102;
2046 (iv) lewdness, Section 76-9-702;
2047 (v) sexual battery, Section 76-9-702.1;
2048 (vi) lewdness involving a child, Section 76-9-702.5; or
2049 (vii) voyeurism, Section 76-9-702.7; or
2050 (d) subjecting a child to participate in or threatening to subject a child to participate in
2051 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
2052 marriage.
2053 [
2054 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2055 (i) pose in the nude for the purpose of sexual arousal of any individual; or
2056 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2057 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2058 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2059 material depicting a child:
2060 (i) in the nude, for the purpose of sexual arousal of any individual; or
2061 (ii) engaging in sexual or simulated sexual conduct; or
2062 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2063 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
2064 is actually charged with, or convicted of, the offense.
2065 [
2066 facility pending court disposition or transfer to another jurisdiction.
2067 (56) "Single criminal episode" means the same as that term is defined in Section
2068 76-1-401.
2069 [
2070 but for the age of the offender.
2071 [
2072 drugs or substances.
2073 [
2074 62A-4a-101.
2075 [
2076 [
2077 parental rights and duties, including residual parental rights and duties, by court order.
2078 [
2079 (a) an individual employed by a state division or agency for the purpose of conducting
2080 psychological treatment and counseling of a minor in its custody; or
2081 (b) any other individual licensed or approved by the state for the purpose of conducting
2082 psychological treatment and counseling.
2083 [
2084 indicating that the child is at an unreasonable risk of harm or neglect.
2085 [
2086 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
2087 sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
2088 whom the child is familiar, or a member of the child's federally recognized tribe;
2089 (b) with the intent of severing the child's existing parent-child or guardian-child
2090 relationship; and
2091 (c) without taking:
2092 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
2093 and
2094 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
2095 guardianship to the individual taking custody of the child.
2096 [
2097 62A-4a-101.
2098 [
2099 62A-4a-101.
2100 [
2101 assesses a minor's risk of reoffending and a minor's criminogenic needs.
2102 (68) (a) "Victim" means a person that the court determines has suffered a material loss
2103 as a result of a minor's wrongful act or conduct.
2104 (b) "Victim" includes the Utah Office for Victims of Crime.
2105 [
2106 62A-4a-101.
2107 Section 41. Section 78A-6-108 is amended to read:
2108 78A-6-108. Title of petition and other court documents -- Form and contents of
2109 petition -- Order for temporary custody or protective services -- Physical or psychological
2110 examination of minor, parent, or guardian -- Dismissal of petition.
2111 (1) The petition and all subsequent court documents in the proceeding shall be entitled:
2112 "State of Utah, in the interest of...................., [
2113 [
2114 (2) The petition shall be verified and statements in the petition may be made upon
2115 information and belief.
2116 (3) The petition shall be written in simple and brief language and include the facts
2117 which bring the minor within the jurisdiction of the court, as provided in Section 78A-6-103.
2118 (4) The petition shall further state:
2119 (a) the name, age, and residence of the minor;
2120 (b) the names and residences of the minor's parents;
2121 (c) the name and residence of the guardian, if there is one;
2122 (d) the name and address of the nearest known relative, if no parent or guardian of a
2123 minor is known; and
2124 (e) the name and residence of the person having physical custody of the minor. If any
2125 of the facts required are not known by the petitioner, the petition shall so state.
2126 (5) At any time after a petition is filed, the court may make an order:
2127 (a) providing for temporary custody of the minor; or
2128 (b) that the [
2129 services to the child, if the court determines that:
2130 (i) the child is at risk of being removed from the child's home due to abuse or neglect;
2131 and
2132 (ii) the provision of protective services may make the removal described in Subsection
2133 (5)(b)(i) unnecessary.
2134 (6) (a) The court may order that a minor concerning whom a petition has been filed
2135 shall be examined by a physician, surgeon, psychiatrist, or psychologist and may place the
2136 minor in a hospital or other facility for examination.
2137 (b) After notice and a hearing set for the specific purpose, the court may order a similar
2138 examination of a parent or guardian whose ability to care for a minor is at issue, if the court
2139 finds from the evidence presented at the hearing that the parent's or guardian's physical, mental,
2140 or emotional condition may be a factor in causing the neglect, dependency, or delinquency of
2141 the minor.
2142 [
2143
2144
2145 (7) An examination conducted in accordance with Subsection (6) is not a privileged
2146 communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general
2147 rule of privilege.
2148 (8) The court may dismiss a petition at any stage of the proceedings.
2149 (9) If the petition is filed under Section 78A-6-304 or 78A-6-505, or if the matter is
2150 referred to the court under Subsection 78A-6-104(5), the court may require the parties to
2151 participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute
2152 Resolution Act.
2153 Section 42. Section 78A-6-112 is amended to read:
2154 78A-6-112. Minor taken into custody by peace officer, private citizen, or
2155 probation officer -- Grounds -- Notice requirements -- Release or detention -- Grounds
2156 for peace officer to take adult into custody.
2157 (1) A minor may be taken into custody by a peace officer without [
2158
2159 (a) [
2160
2161 (b) [
2162 committed by an adult would be a felony;
2163 (c) the minor:
2164 (i) (A) is seriously endangered in the minor's surroundings; or
2165 (B) seriously endangers others; and
2166 (ii) immediate removal appears to be necessary for the minor's protection or the
2167 protection of others;
2168 (d) [
2169 the minor's parents, guardian, or custodian; or
2170 (e) [
2171 (i) subject to the state's compulsory education law; and
2172 (ii) absent from school without legitimate or valid excuse, subject to Section
2173 53G-6-208.
2174 (2) (a) A private citizen or a probation officer may take a minor into custody if under
2175 the circumstances the private citizen or probation officer could make a citizen's arrest if the
2176 minor was an adult.
2177 (b) A probation officer may [
2178 (i) under the same circumstances as a peace officer in Subsection (1); [
2179 (ii) if the minor has violated the conditions of probation[
2180 (iii) if the minor is under the continuing jurisdiction of the juvenile court; or
2181 (iv) in emergency situations in which a peace officer is not immediately available.
2182 (3) (a) (i) If an officer or other person takes a minor into temporary custody under
2183 Subsection (1) or (2), the officer or person shall, without unnecessary delay, notify the parents,
2184 guardian, or custodian.
2185 (ii) The minor shall then be released to the care of the minor's parent or other
2186 responsible adult, unless the minor's immediate welfare or the protection of the community
2187 requires the minor's detention.
2188 (b) If the minor is taken into custody under Subsection (1) or (2) or placed in detention
2189 under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in
2190 violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
2191 taking the minor into custody shall, as soon as practicable or as established under Subsection
2192 53G-8-402(2), notify the school superintendent of the district in which the minor resides or
2193 attends school for the purposes of the minor's supervision and student safety.
2194 (i) The notice shall disclose only:
2195 (A) the name of the minor;
2196 (B) the offense for which the minor was taken into custody or detention; and
2197 (C) if available, the name of the victim, if the victim:
2198 (I) resides in the same school district as the minor; or
2199 (II) attends the same school as the minor.
2200 (ii) The notice shall be classified as a protected record under Section 63G-2-305.
2201 (iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
2202 Records Access and Management Act, and the federal Family Educational Rights and Privacy
2203 Act.
2204 (c) Employees of a governmental agency are immune from any criminal liability for
2205 providing or failing to provide the information required by this section unless the person acts or
2206 fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
2207 (d) Before the minor is released, the parent or other person to whom the minor is
2208 released shall be required to sign a written promise on forms supplied by the court to bring the
2209 minor to the court at a time set or to be set by the court.
2210 (4) (a) A child may not be held in temporary custody by law enforcement any longer
2211 than is reasonably necessary to obtain the child's name, age, residence, and other necessary
2212 information and to contact the child's parents, guardian, or custodian.
2213 (b) If the minor is not released under Subsection (3), the minor shall be taken to a place
2214 of detention or shelter without unnecessary delay.
2215 (5) (a) The person who takes a minor to a detention or shelter facility shall promptly
2216 file with the detention or shelter facility a written report on a form provided by the division
2217 stating:
2218 (i) the details of the presently alleged offense;
2219 (ii) the facts that bring the minor within the jurisdiction of the juvenile court;
2220 (iii) the reason the minor was not released by law enforcement; and
2221 (iv) the eligibility of the minor under the division guidelines for detention admissions
2222 established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor
2223 is under consideration for detention.
2224 (b) (i) The designated facility staff person shall immediately review the form and
2225 determine, based on the guidelines for detention admissions established by the Division of
2226 Juvenile Justice Services under Section 62A-7-202, the results of the detention risk assessment,
2227 and the criteria for detention eligibility under Section 78A-6-113, whether to:
2228 (A) admit the minor to secure detention;
2229 (B) admit the minor to home detention;
2230 (C) place the minor in another alternative to detention; or
2231 (D) return the minor home upon written promise to bring the minor to the court at a
2232 time set, or without restriction.
2233 (ii) If the designated facility staff person determines to admit the minor to home
2234 detention, that staff person shall notify the juvenile court of that determination. The court shall
2235 order that notice be provided to the designated persons in the local law enforcement agency and
2236 the school or transferee school, if applicable, which the minor attends of the home detention.
2237 The designated persons may receive the information for purposes of the minor's supervision
2238 and student safety.
2239 (iii) Any employee of the local law enforcement agency and the school [
2240 minor attends who discloses the notification of home detention is not:
2241 (A) civilly liable except when disclosure constitutes fraud or willful misconduct as
2242 provided in Section 63G-7-202; and
2243 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
2244 of Section 63G-2-801.
2245 (iv) The person who takes a minor to a detention facility or the designated facility staff
2246 person may release a minor to a less restrictive alternative even if the minor is eligible for
2247 secure detention under this Subsection (5).
2248 (c) A minor may not be admitted to detention unless:
2249 (i) the minor is detainable based on the guidelines; or
2250 (ii) the minor has been brought to detention [
2251 (A) a judicial order; or
2252 (B) a division warrant [
2253 (d) If a minor taken to detention does not qualify for admission under the guidelines
2254 established by the division under Section 62A-7-104 or the eligibility criteria under Subsection
2255 (4) and this Subsection (5), detention staff shall arrange an appropriate alternative.
2256 (e) If a minor is taken into custody and admitted to a secure detention or shelter
2257 facility, facility staff shall:
2258 (i) immediately notify the minor's parents, guardian, or custodian; and
2259 (ii) promptly notify the court of the placement.
2260 (f) If the minor is admitted to a secure detention or shelter facility outside the county of
2261 the minor's residence and it is determined in the hearing held under Subsection 78A-6-113(3)
2262 that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
2263 the minor's residence to transport the minor to a detention or shelter facility as provided in this
2264 section.
2265 (6) [
2266 court order:
2267 (i) if the [
2268 (ii) if there is reason to believe that a child is being abused by the [
2269 and any of the situations [
2270 Section 43. Section 78A-6-113 is amended to read:
2271 78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
2272 Detention hearings -- Period of detention -- Notice -- Confinement for criminal
2273 proceedings -- Bail laws inapplicable -- Exception.
2274 (1) (a) A minor may not be placed or kept in a secure detention facility pending court
2275 proceedings, except in accordance with Section 78A-6-112.
2276 (b) A child may not be placed or kept in a shelter facility pending court proceedings
2277 unless it is unsafe to leave the child with the child's parents, guardian, or custodian.
2278 (c) (i) A court may temporarily place in a detention facility, as provided in Subsection
2279 (4), a child who is taken into custody based upon a warrant issued under Subsection
2280 78A-6-106(6), if the court finds that detention is the least restrictive placement available to
2281 ensure the immediate safety of the child.
2282 (ii) A child placed in detention under Subsection (1)(c)(i) may not be held in detention
2283 longer than is necessary for the division to identify a less restrictive, available, and appropriate
2284 placement for the child.
2285 (2) (a) After admission of a child to a detention facility pursuant to Section 78A-6-112
2286 and immediate investigation by an authorized officer of the court, the judge or the officer shall
2287 order the release of the child to the child's [
2288
2289 guardian's, or the custodian's care, either upon written promise to bring the child to the court at
2290 a time set or without restriction.
2291 [
2292 facility within 24 hours after notification of release, the parent, guardian, or custodian is
2293 responsible for the cost of care for the time the child remains in the facility.
2294 [
2295 [
2296 Division of Juvenile Justice Services to recover the cost of care for the time the child remains
2297 in the facility.
2298 (3) (a) When a child is detained in a detention or shelter facility, the parents or
2299 guardian shall be informed by the person in charge of the facility that the parent's or guardian's
2300 child has the right to a prompt hearing in court to determine whether the child is to be further
2301 detained or released.
2302 (b) When a minor is detained in a detention facility, the minor shall be informed by the
2303 person in charge of the facility that the minor has the right to a prompt hearing in court to
2304 determine whether the minor is to be further detained or released.
2305 (c) Detention hearings shall be held by the judge or by a commissioner.
2306 (d) The court may, at any time, order the release of the minor, whether a detention
2307 hearing is held or not.
2308 (e) If a child is released, and the child remains in the facility, because the parents,
2309 guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
2310 responsible for the cost of care as provided in Subsections [
2311 (d).
2312 [
2313
2314
2315 (4) (a) A minor may not be held in a detention facility longer than 24 hours, unless a
2316 court determines that there is probable cause for the minor's arrest.
2317 (b) The court shall hold a detention hearing within 48 hours of the minor's arrest,
2318 excluding weekends and holidays, to determine whether the minor should:
2319 (i) remain in detention in accordance with Subsection (4)(f);
2320 (ii) be released to a parent or guardian; or
2321 (iii) be placed in any other party's custody as authorized by statute.
2322 (c) The probable cause determination under Subsection (4)(a) and the detention hearing
2323 under Subsection (4)(b) may occur at the same time if the probable cause determination and the
2324 detention hearing occur within the time frames under Subsection (4)(a) and (4)(b).
2325 [
2326 shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has
2327 been entered by the court after notice to all parties described in Section 78A-6-306.
2328 [
2329 provide the court with all information received from the person who brought the minor to the
2330 detention facility.
2331 [
2332 be placed in another appropriate facility, subject to further order of the court, if the court finds
2333 at a detention hearing that:
2334 (i) releasing the minor to the minor's parent, guardian, or custodian presents an
2335 unreasonable risk to public safety;
2336 (ii) less restrictive nonresidential alternatives to detention have been considered and,
2337 where appropriate, attempted; and
2338 (iii) the minor is eligible for detention under the division guidelines for detention
2339 admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202
2340 and under Section 78A-6-112.
2341 [
2342 from detention. If a minor remains in a detention facility, periodic reviews shall be held
2343 [
2344 the Utah Rules of Juvenile Procedure to ensure that continued detention is necessary.
2345 (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
2346 an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
2347 notice of [
2348 provided to designated persons in the appropriate local law enforcement agency and the district
2349 superintendent or the school or transferee school, if applicable, that the minor attends. The
2350 designated persons may receive the information for purposes of the minor's supervision and
2351 student safety.
2352 (iii) Any employee of the local law enforcement agency, the school district, and the
2353 school that the minor attends who discloses the court's order of probation is not:
2354 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
2355 provided in Section 63G-7-202; and
2356 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
2357 of Section 63G-2-801.
2358 (5) A minor may not be held in a detention facility, following a dispositional order of
2359 the court for nonsecure substitute care as defined in Section 62A-4a-101, or for
2360 community-based placement under Section 62A-7-101.
2361 (6) (a) Except as otherwise provided in this section, a minor may not be held in a
2362 detention facility following a disposition order of the court for longer than 72 hours, excluding
2363 weekends and holidays.
2364 (b) The period of detention may be extended by the court for a cumulative total of
2365 seven calendar days if:
2366 (i) the Division of Juvenile Justice Services, or another agency responsible for
2367 placement, files a written petition with the court requesting the extension and setting forth good
2368 cause; and
2369 (ii) the court enters a written finding that it is in the best interests of both the minor and
2370 the community to extend the period of detention.
2371 (c) The court may extend the period of detention beyond the seven calendar days if the
2372 court finds by clear and convincing evidence that:
2373 (i) the Division of Juvenile Justice Services or another agency responsible for
2374 placement does not have space for the minor; and
2375 (ii) the safety of the minor and community requires an extension of the period of
2376 detention.
2377 (d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
2378 excluding weekends and holidays, regarding [
2379 Justice Services or another agency responsible for placement has space for the minor.
2380 (7) The agency requesting an extension shall promptly notify the detention facility that
2381 a written petition has been filed.
2382 (8) The court shall promptly notify the detention facility regarding [
2383 initial disposition and any ruling on a petition for an extension, whether granted or denied.
2384 (9) (a) (i) A child [
2385 held in a jail, lockup, or other place for adult detention, except as provided by [
2386
2387 78A-6-703.5, or 78A-6-703.6.
2388 (ii) Section 62A-7-201 regarding confinement facilities applies to this Subsection (9).
2389 (b) (i) A child [
2390 conduct or condition endangers the safety or welfare of others in the detention facility for
2391 children may, by court order that specifies the reasons, be detained in another place of
2392 confinement considered appropriate by the court, including a jail or other place of confinement
2393 for adults. [
2394 (ii) A secure facility is not an appropriate place of confinement for detention purposes
2395 under this section.
2396 (10) A sheriff, warden, or other official in charge of a jail or other facility for the
2397 detention of adult offenders or [
2398 immediately notify the juvenile court when [
2399 under 18 years [
2400 transfer of the [
2401 juvenile court.
2402 (11) This section does not apply to a minor who is brought to the adult facility [
2403
2404
2405 Section 78A-6-703.2, 78A-6-703.5, or 78A-6-703.6.
2406 [
2407
2408
2409 [
2410 (12) A provision of law regarding bail [
2411 taken into custody under this chapter, except that bail may be allowed:
2412 (a) if a minor who need not be detained lives outside this state; or
2413 (b) when a minor who need not be detained comes within one of the classes in
2414 [
2415 [
2416 commits an act against a jail or other place of confinement, including a Division of Juvenile
2417 Justice Services detention, shelter, or secure confinement facility [
2418 degree felony if committed by an adult.
2419 Section 44. Section 78A-6-116 is amended to read:
2420 78A-6-116. Minor's cases considered civil proceedings -- Effect of adjudication of
2421 jurisdiction by juvenile court -- Minor not to be charged with crime -- Exception for a
2422 prior adjudication -- Traffic violation cases -- Abstracts to Department of Public Safety.
2423 (1) Except as provided in [
2424 78A-6-703.2, 78A-6-703.5, or 78A-6-703.6, [
2425
2426 powers.
2427 (2) (a) An adjudication by a juvenile court [
2428
2429 crime, except in cases involving traffic violations.
2430 (b) An adjudication may not:
2431 (i) operate to impose any civil disabilities upon the minor [
2432 (ii) disqualify the minor for any civil service or military service or appointment.
2433 (3) (a) [
2434 78A-6-703.2, 78A-6-703.3, or 78A-6-703.5, a minor may not be charged with a crime [
2435 convicted in any court [
2436
2437 (b) Except as provided in Section 78A-6-703.5, if a petition [
2438 juvenile court, the minor may not later be [
2439 the same facts [
2440 (4) (a) An adjudication by a juvenile court [
2441
2442 purposes of determining the level of offense for which a minor may be charged and enhancing
2443 the level of an offense in the juvenile court.
2444 (b) A prior adjudication may be used to enhance the level or degree of an offense
2445 committed by an adult only as otherwise specifically provided.
2446 (5) Abstracts of court records for all adjudications of traffic violations shall be
2447 submitted to the Department of Public Safety as provided in Section 53-3-218.
2448 (6) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution
2449 may be forwarded to employers, financial institutions, law enforcement, constables, the Office
2450 of Recovery Services, or other agencies for purposes of enforcing the order as provided in
2451 Section 78A-6-117.
2452 Section 45. Section 78A-6-117 is amended to read:
2453 78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
2454 Enumeration of possible court orders -- Considerations of court.
2455 (1) (a) Except as provided in Subsection (1)(b), when a minor is found to come within
2456 Section 78A-6-103, the court shall adjudicate the case and make findings of fact upon which
2457 the court bases the court's jurisdiction over the [
2458 (b) For a case described in Subsection 78A-6-103(1), findings of fact are not necessary.
2459 (c) If the court adjudicates a minor for [
2460 violation of Title 76, Chapter 10, Part 5, Weapons, the court shall order that notice of the
2461 adjudication be provided to the school superintendent of the district in which the minor resides
2462 or attends school. Notice shall be made to the district superintendent within three days of the
2463 adjudication and shall include:
2464 (i) the specific offenses for which the minor was adjudicated; and
2465 (ii) if available, whether the victim:
2466 (A) resides in the same school district as the minor; or
2467 (B) attends the same school as the minor.
2468 (d) (i) An adjudicated minor shall undergo a risk screening or, if indicated, a validated
2469 risk and needs assessment.
2470 (ii) Results of the screening or assessment shall be used to inform disposition decisions
2471 and case planning. Assessment results, if available, may not be shared with the court before
2472 adjudication.
2473 (2) Upon adjudication the court may make the following dispositions by court order:
2474 (a) (i) the court may place the minor on probation or under protective supervision in
2475 the minor's own home and upon conditions determined by the court, including community or
2476 compensatory service;
2477 (ii) a condition ordered by the court under Subsection (2)(a)(i):
2478 (A) shall be individualized and address a specific risk or need;
2479 (B) shall be based on information provided to the court, including the results of a
2480 validated risk and needs assessment conducted under Subsection (1)(d);
2481 (C) if the court orders substance abuse treatment or an educational series, shall be
2482 based on a validated risk and needs assessment conducted under Subsection (1)(d); and
2483 (D) if the court orders protective supervision, may not designate the division as the
2484 provider of protective supervision unless there is a petition regarding abuse, neglect, or
2485 dependency before the court requesting that the division provide protective supervision;
2486 (iii) a court may not issue a standard order that contains control-oriented conditions;
2487 (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
2488 minor and not the minor's family;
2489 (v) if the court orders probation, the court may direct that notice of the court's order be
2490 provided to designated individuals in the local law enforcement agency and the school or
2491 transferee school, if applicable, that the minor attends. The designated individuals may receive
2492 the information for purposes of the minor's supervision and student safety; and
2493 (vi) an employee of the local law enforcement agency and the school that the minor
2494 attends who discloses the court's order of probation is not:
2495 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
2496 provided in Section 63G-7-202; and
2497 (B) civilly or criminally liable except when the disclosure constitutes a knowing
2498 violation of Section 63G-2-801.
2499 (b) The court may place the minor in the legal custody of a relative or other suitable
2500 individual, with or without probation or other court-specified child welfare services, but the
2501 juvenile court may not assume the function of developing foster home services.
2502 (c) The court shall only vest legal custody of the minor in the Division of Juvenile
2503 Justice Services and order the Division of Juvenile Justice Services to provide dispositional
2504 recommendations and services if:
2505 (i) nonresidential treatment options have been exhausted or nonresidential treatment
2506 options are not appropriate; and
2507 (ii) the minor is adjudicated under this section for a felony offense, a misdemeanor
2508 when the minor has five prior misdemeanors or felony adjudications arising from separate
2509 criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
2510 Section 76-1-601.
2511 (d) (i) The court may not vest legal custody of a minor in the Division of Juvenile
2512 Justice Services for:
2513 (A) contempt of court except to the extent permitted under Section 78A-6-1101;
2514 (B) a violation of probation;
2515 (C) failure to pay a fine, fee, restitution, or other financial obligation;
2516 (D) unfinished compensatory or community service hours;
2517 (E) an infraction; or
2518 (F) a status offense.
2519 (ii) (A) A minor who is 18 years old or older, but younger than 21 years old, may
2520 petition the court to express the minor's desire to be removed from the jurisdiction of the
2521 juvenile court and from the custody of the [
2522 the minor is in the division's custody on grounds of abuse, neglect, or dependency.
2523 (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
2524 Termination of Parental Rights Act, the minor's petition shall contain a statement from the
2525 minor's parent or guardian agreeing that the minor should be removed from the custody of the
2526 [
2527 (C) The minor and the minor's parent or guardian shall sign the petition.
2528 (D) The court shall review the petition within 14 days.
2529 (E) The court shall remove the minor from the custody of the [
2530
2531 requirements described in Subsections (2)(d)(ii)(B) and (C) and if the court finds, based on
2532 input from the [
2533 and the Office of the Attorney General, that the minor does not pose an imminent threat to self
2534 or others.
2535 (F) A minor removed from custody under Subsection (2)(d)(ii)(E) may, within 90 days
2536 of the date of removal, petition the court to re-enter custody of the [
2537
2538 (G) Upon receiving a petition under Subsection (2)(d)(ii)(F), the court shall order the
2539 [
2540 findings the court entered when the court originally vested custody in the [
2541
2542 (e) The court shall only commit a minor to the Division of Juvenile Justice Services for
2543 secure confinement if the court finds that:
2544 (i) (A) the minor poses a risk of harm to others; [
2545 (B) the minor's conduct resulted in the victim's death; and
2546 (ii) the minor is adjudicated under this section for:
2547 [
2548 [
2549 adjudications arising from separate criminal episodes; or
2550 [
2551 76-1-601.
2552 (f) (i) A minor under the jurisdiction of the court solely on the ground of abuse,
2553 neglect, or dependency under Subsection 78A-6-103(1)(b) may not be committed to the
2554 Division of Juvenile Justice Services.
2555 (ii) The court may not commit a minor to the Division of Juvenile Justice Services for
2556 secure confinement for:
2557 (A) contempt of court;
2558 (B) a violation of probation;
2559 (C) failure to pay a fine, fee, restitution, or other financial obligation;
2560 (D) unfinished compensatory or community service hours;
2561 (E) an infraction; or
2562 (F) a status offense.
2563 (g) The court may order nonresidential, diagnostic assessment, including substance use
2564 disorder, mental health, psychological, or sexual behavior risk assessment.
2565 (h) (i) The court may commit a minor to a place of detention or an alternative to
2566 detention for a period not to exceed 30 cumulative days per adjudication subject to the court
2567 retaining continuing jurisdiction over the [
2568 suspended upon conditions ordered by the court.
2569 (ii) This Subsection (2)(h) applies only to a minor adjudicated for:
2570 (A) an act which if committed by an adult would be a criminal offense; or
2571 (B) contempt of court under Section 78A-6-1101.
2572 (iii) The court may not commit a minor to a place of detention for:
2573 (A) contempt of court except to the extent allowed under Section 78A-6-1101;
2574 (B) a violation of probation;
2575 (C) failure to pay a fine, fee, restitution, or other financial obligation;
2576 (D) unfinished compensatory or community service hours;
2577 (E) an infraction; or
2578 (F) a status offense.
2579 (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
2580 cumulative days eligible as a disposition under Subsection (2)(h)(i). If the minor spent more
2581 than 30 days in a place of detention before disposition, the court may not commit a minor to
2582 detention under this section.
2583 (B) Notwithstanding Subsection (2)(h)(iv)(A), the court may commit a minor for a
2584 maximum of seven days while a minor is awaiting placement under Subsection (2)(c). Only the
2585 seven days under this Subsection (2)(h)(iv)(B) may be combined with a nonsecure placement.
2586 (v) Notwithstanding Subsection (2)(v), no more than seven days of detention may be
2587 ordered in combination with an order under Subsection (2)(c).
2588 (i) The court may vest legal custody of an abused, neglected, or dependent minor in the
2589 [
2590 with the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
2591 Dependency Proceedings.
2592 (j) (i) The court may order a minor to repair, replace, or otherwise make restitution for
2593 material loss caused by the minor's wrongful act or for conduct for which the minor agrees to
2594 make restitution.
2595 (ii) A victim[
2596 an element a scheme, a conspiracy, or a pattern of criminal activity, includes any person
2597 directly harmed by the minor's delinquency conduct in the course of the scheme, conspiracy, or
2598 pattern.
2599 (iii) If the victim and the minor agree to participate, the court may refer the case to a
2600 restorative justice program such as victim offender mediation to address how loss resulting
2601 from the adjudicated act may be addressed.
2602 (iv) For the purpose of determining whether and how much restitution is appropriate,
2603 the court shall consider the following:
2604 (A) restitution shall only be ordered for the victim's material loss;
2605 (B) restitution may not be ordered if the court finds that the minor is unable to pay or
2606 acquire the means to pay;
2607 (C) any amount paid by the minor to the victim in civil penalty shall be credited against
2608 restitution owed; and
2609 (D) the length of the presumptive term of supervision shall be taken into account in
2610 determining the minor's ability to satisfy the restitution order within the presumptive term.
2611 (v) Any amount paid to the victim in restitution shall be credited against liability in a
2612 civil suit.
2613 (vi) The court may also require a minor to reimburse an individual, entity, or
2614 governmental agency who offered and paid a reward to a person or persons for providing
2615 information resulting in a court adjudication that the minor is within the jurisdiction of the
2616 juvenile court due to the commission of a criminal offense.
2617 (vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
2618 court may order the minor to make restitution for costs expended by any governmental entity
2619 for the return.
2620 (viii) Within seven days after the day on which a petition is filed under Section
2621 78A-6-602, the prosecuting attorney or the court's probation department shall provide
2622 notification of the restitution process to all reasonably identifiable and locatable victims of an
2623 offense listed in the petition.
2624 (ix) A victim that receives notice under Subsection (2)(j)(viii) is responsible for
2625 providing the prosecutor with:
2626 (A) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
2627 loss;
2628 (B) all documentation of any compensation or reimbursement from an insurance
2629 company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
2630 (C) if applicable, the victim's proof of identification, including the victim's date of
2631 birth, social security number, or driver license number; and
2632 (D) the victim's contact information, including the victim's current home and work
2633 address and telephone number.
2634 [
2635 (x) A prosecutor or victim shall submit a request for restitution to the court at the time
2636 of disposition, if feasible, otherwise within [
2637 [
2638 (xi) The court shall order a financial disposition that prioritizes the payment of
2639 restitution.
2640 (k) The court may issue orders necessary for the collection of restitution and fines
2641 ordered by the court, including garnishments, wage withholdings, and executions, except for an
2642 order that changes the custody of the minor, including detention or other secure or nonsecure
2643 residential placements.
2644 (l) (i) The court may through the court's probation department encourage the
2645 development of nonresidential employment or work programs to enable a minor to fulfill the
2646 minor's obligations under Subsection (2)(j) and for other purposes considered desirable by the
2647 court.
2648 (ii) Consistent with the order of the court, the probation officer may permit a minor
2649 [
2650 or compensatory service in lieu of paying part or all of the fine imposed by the court.
2651 (iii) The court may order the minor to:
2652 (A) pay a fine, fee, restitution, or other cost; or
2653 (B) complete service hours.
2654 (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
2655 complete service hours, those dispositions shall be considered collectively to ensure that the
2656 order:
2657 (A) is reasonable;
2658 (B) prioritizes restitution; and
2659 (C) takes into account the minor's ability to satisfy the order within the presumptive
2660 term of supervision.
2661 (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
2662 hours, the cumulative order shall be limited per criminal episode as follows:
2663 (A) for [
2664 court may impose up to $180 or up to 24 hours of service; and
2665 (B) for [
2666 impose up to $270 or up to 36 hours of service.
2667 (vi) The cumulative order under Subsection (2)(l)(v) does not include restitution.
2668 (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
2669 conversion shall be no less than the minimum wage.
2670 (m) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
2671 that as part of the commission of the violation the minor was in actual physical control of a
2672 motor vehicle, the court may, in addition to any other disposition authorized by this section:
2673 (A) restrain the minor from driving for periods of time the court considers necessary;
2674 and
2675 (B) take possession of the minor's driver license.
2676 (ii) (A) The court may enter any other eligible disposition under Subsection (2)(m)(i)
2677 except for a disposition under Subsection (2)(c), (d), (e), or (f).[
2678 (B) The suspension of driving privileges for an offense under Section 78A-6-606 is
2679 governed only by Section 78A-6-606.
2680 (n) (i) The court may order a minor to complete community or compensatory service
2681 hours in accordance with Subsections (2)(l)(iv) and (v).
2682 (ii) When community service is ordered, the presumptive service order shall include
2683 between five and 10 hours of service.
2684 (iii) Satisfactory completion of an approved substance use disorder prevention or
2685 treatment program or other court-ordered condition may be credited by the court as
2686 compensatory service hours.
2687 (iv) When a minor [
2688
2689 offense involving the use of graffiti under Section 76-6-106 or 76-6-206, the court may order
2690 the minor to clean up graffiti created by the minor or any other individual at a time and place
2691 within the jurisdiction of the court. Compensatory service ordered under this section may be
2692 performed in the presence and under the direct supervision of the minor's parent or legal
2693 guardian. The parent or legal guardian shall report completion of the order to the court. The
2694 court may also require the minor to perform other alternative forms of restitution or repair to
2695 the damaged property pursuant to Subsection (2)(j).
2696 (o) (i) Subject to Subsection (2)(o)(iii), the court may order that a minor:
2697 (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
2698 (B) receive other special care.
2699 (ii) For purposes of receiving the examination, treatment, or care described in
2700 Subsection (2)(o)(i), the court may place the minor in a hospital or other suitable facility that is
2701 not a secure facility or secure detention.
2702 (iii) In determining whether to order the examination, treatment, or care described in
2703 Subsection (2)(o)(i), the court shall consider:
2704 (A) the desires of the minor;
2705 (B) if the minor is [
2706 parents or guardian of the minor; and
2707 (C) whether the potential benefits of the examination, treatment, or care outweigh the
2708 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
2709 function impairment, or emotional or physical harm resulting from the compulsory nature of
2710 the examination, treatment, or care.
2711 (iv) The [
2712 (A) take reasonable measures to notify a parent or guardian of any non-emergency
2713 health treatment or care scheduled for a child[
2714 (B) include the parent or guardian as fully as possible in making health care decisions
2715 for the child[
2716 (C) defer to the parent's or guardian's reasonable and informed decisions regarding the
2717 child's health care to the extent that the child's health and well being are not unreasonably
2718 compromised by the parent's or guardian's decision.
2719 (v) The [
2720 guardian of a child within five business days after a child in the custody of the [
2721
2722 (vi) The [
2723 means to accomplish a compelling interest in the care and treatment of a child described in this
2724 Subsection (2)(o).
2725 (p) (i) The court may appoint a guardian for the minor if it appears necessary in the
2726 interest of the minor, and may appoint as guardian a public or private institution or agency, but
2727 not a nonsecure residential placement provider, in which legal custody of the minor is vested.
2728 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
2729 private agency or institution, the court shall give primary consideration to the welfare of the
2730 minor. When practicable, the court may take into consideration the religious preferences of the
2731 minor and of a child's parents.
2732 (q) (i) In support of a decree under Section 78A-6-103, the court may order reasonable
2733 conditions to be complied with by a minor's parents or guardian, a minor's custodian, or any
2734 other person who has been made a party to the proceedings. Conditions may include:
2735 (A) parent-time by the parents or one parent;
2736 (B) restrictions on the minor's associates;
2737 (C) restrictions on the minor's occupation and other activities; and
2738 (D) requirements to be observed by the parents or custodian.
2739 (ii) A minor whose parents or guardians successfully complete a family or other
2740 counseling program may be credited by the court for detention, confinement, or probation time.
2741 (r) The court may order the child to be committed to the physical custody of a local
2742 mental health authority, in accordance with the procedures and requirements of Title 62A,
2743 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
2744 Mental Health.
2745 (s) (i) The court may make an order committing a minor within the court's jurisdiction
2746 to the Utah State Developmental Center if the minor has an intellectual disability in accordance
2747 with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with
2748 an Intellectual Disability.
2749 (ii) The court shall follow the procedure applicable in the district courts with respect to
2750 judicial commitments to the Utah State Developmental Center when ordering a commitment
2751 under Subsection (2)(s)(i).
2752 (t) The court may terminate all parental rights upon a finding of compliance with Title
2753 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
2754 (u) The court may make other reasonable orders for the best interest of the minor and
2755 as required for the protection of the public, except that a child may not be committed to jail,
2756 prison, secure detention, or the custody of the Division of Juvenile Justice Services under
2757 Subsections (2)(c), (d), (e), and (f).
2758 (v) The court may combine the dispositions listed in this section if it is permissible and
2759 they are compatible.
2760 (w) Before depriving any parent of custody, the court shall give due consideration to
2761 the rights of parents concerning their child. The court may transfer custody of a minor to
2762 another individual, agency, or institution in accordance with the requirements and procedures
2763 of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
2764 (x) Except as provided in Subsection (2)(z)(i), an order under this section for probation
2765 or placement of a minor with an individual or an agency shall include a date certain for a
2766 review and presumptive termination of the case by the court in accordance with Subsection (6)
2767 and Section [
2768 (y) In reviewing foster home placements, special attention shall be given to making
2769 adoptable children available for adoption without delay.
2770 (z) (i) The juvenile court may enter an order of permanent custody and guardianship
2771 with an individual or relative of a child where the court has previously acquired jurisdiction as
2772 a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
2773 order for child support on behalf of the child against the natural or adoptive parents of the
2774 child.
2775 (ii) Orders under Subsection (2)(z)(i):
2776 (A) shall remain in effect until the child reaches majority;
2777 (B) are not subject to review under Section 78A-6-118; and
2778 (C) may be modified by petition or motion as provided in Section 78A-6-1103.
2779 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
2780 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
2781 of the juvenile court.
2782 (3) [
2783
2784 given a choice by the court to serve in the National Guard in lieu of other sanctions[
2785 described in Subsection (2) if:
2786 (a) the minor meets the current entrance qualifications for service in the National
2787 Guard as determined by a recruiter, whose determination is final;
2788 (b) the [
2789 (i) would be a felony if committed by an adult;
2790 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
2791 (iii) was committed with a weapon; and
2792 (c) the court retains jurisdiction over the [
2793 the court and agreed upon by the recruiter or the unit commander to which the minor is
2794 eventually assigned.
2795 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
2796 of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
2797 designated employees of the court or, if the minor is in the legal custody of the Division of
2798 Juvenile Justice Services, then by designated employees of the division under Subsection
2799 53-10-404(5)(b).
2800 (b) The responsible agency shall ensure that an employee designated to collect the
2801 saliva DNA specimens receives appropriate training and that the specimens are obtained in
2802 accordance with accepted protocol.
2803 (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
2804 Specimen Restricted Account created in Section 53-10-407.
2805 (d) Payment of the reimbursement is second in priority to payments the minor is
2806 ordered to make for restitution under this section and treatment under Section 78A-6-321.
2807 (5) (a) A disposition made by the court [
2808 may not be suspended, except for the following:
2809 (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
2810 under Subsection [
2811 [
2812 immediate commitment, upon the condition that the minor commit no new misdemeanor or
2813 felony offense during the three months following the day of disposition.
2814 (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
2815 exceed three months post-disposition and may not be extended under any circumstance.
2816 (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i):
2817 (A) following adjudication of a new misdemeanor or felony offense committed by the
2818 minor during the period of suspension set out under Subsection (5)(a)(ii);
2819 (B) if a new assessment or evaluation has been completed and recommends that a
2820 higher level of care is needed and nonresidential treatment options have been exhausted or
2821 nonresidential treatment options are not appropriate; or
2822 (C) if, after a notice and a hearing, the court finds a new or previous evaluation
2823 recommends a higher level of treatment, and the minor willfully failed to comply with a lower
2824 level of treatment and has been unsuccessfully discharged from treatment.
2825 (iv) A suspended custody order may not be imposed without notice to the minor, notice
2826 to counsel, and a hearing.
2827 (b) The court [
2828 continuing jurisdiction over [
2829 unless at least one the following circumstances exists:
2830 (i) termination [
2831 the completion of a program determined to be necessary by the results of a validated risk and
2832 needs assessment with completion found by the court after considering the recommendation of
2833 a licensed service provider on the basis of the minor completing the goals of the necessary
2834 treatment program;
2835 (ii) the minor commits a new misdemeanor or felony offense;
2836 (iii) service hours have not been completed; or
2837 (iv) there is an outstanding fine.
2838 (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
2839 custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c) [
2840
2841 section.
2842 (a) [
2843 court shall establish a presumptive term of probation as specified in this Subsection (6):
2844 (i) the presumptive [
2845 months; and
2846 (ii) the presumptive [
2847 months.
2848 (b) [
2849 Juvenile Justice Services under Subsection (2)(c) or (d), the court shall establish a maximum
2850 term of custody and a maximum term of aftercare as specified in this Subsection (6):
2851 (i) the presumptive [
2852 to six months; and
2853 (ii) the presumptive [
2854 placed out-of-home, may not exceed three to four months, and minors may serve the term of
2855 aftercare in the home of a qualifying relative or guardian or at an independent living program
2856 contracted or operated by the Division of Juvenile Justice Services.
2857 (c) The court [
2858 Youth Parole Authority [
2859 continuing jurisdiction over [
2860 unless at least one of the following circumstances exists:
2861 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
2862 court ordered program determined to be necessary by the results of a validated assessment, with
2863 completion found by the court after considering the recommendations of a licensed service
2864 provider or facilitator of court ordered treatment or intervention program on the basis of the
2865 minor completing the goals of the necessary treatment program;
2866 (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
2867 completion of a program determined to be necessary by the results of a validated assessment,
2868 with completion determined on the basis of whether the minor has regularly and consistently
2869 attended the treatment program and completed the goals of the necessary treatment program as
2870 determined by the court or Youth Parole Authority after considering the recommendation of a
2871 licensed service provider or facilitator of court ordered treatment or intervention program ;
2872 (iii) the minor commits a new misdemeanor or felony offense;
2873 (iv) service hours have not been completed;
2874 (v) there is an outstanding fine; or
2875 (vi) there is a failure to pay restitution in full.
2876 (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
2877 exists, the court may extend jurisdiction for the time needed to address the specific
2878 circumstance.
2879 (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
2880 exists, and the Youth Parole Authority has jurisdiction, the Youth Parole Authority may extend
2881 jurisdiction for the time needed to address the specific circumstance.
2882 (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
2883 Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
2884 time for up to three months.
2885 (f) Grounds for extension of the presumptive length of supervision or placement and
2886 the length of any extension shall be recorded in the court record or records of the Youth Parole
2887 Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
2888 the Administrative Office of the Courts and the Division of Juvenile Justice Services.
2889 (g) (i) For a minor who is under the supervision of the juvenile court and whose
2890 supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
2891 continued under the supervision of intake probation.
2892 (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
2893 supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
2894 continued on parole and not in secure confinement.
2895 (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
2896 period shall toll until the minor returns.
2897 (7) Subsection (6) does not apply to any minor adjudicated under this section for:
2898 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
2899 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
2900 (c) Section 76-5-203, murder or attempted murder;
2901 (d) Section 76-5-205, manslaughter;
2902 (e) Section 76-5-206, negligent homicide;
2903 (f) Section 76-5-207, automobile homicide;
2904 (g) Section 76-5-207.5, automobile homicide involving handheld wireless
2905 communication device;
2906 (h) Section 76-5-208, child abuse homicide;
2907 (i) Section 76-5-209, homicide by assault;
2908 [
2909 [
2910 [
2911 [
2912 [
2913 [
2914 [
2915 [
2916 felony[
2917 (ii) the minor has been previously adjudicated or convicted of an offense involving the
2918 use of a dangerous weapon[
2919 (q) a felony offense other than an offense listed in Subsections (7)(a) through (p) and
2920 the minor has been previously committed to the custody of the Division of Juvenile Justice
2921 Services for secure confinement.
2922 Section 46. Section 78A-6-118 is amended to read:
2923 78A-6-118. Period of effect for a judgment , decree, or order by a juvenile court.
2924 (1) A judgment, order, or decree of the juvenile court [
2925
2926 [
2927 (a) for an order of commitment to the Utah State Developmental Center or to the
2928 custody of the Division of Substance Abuse and Mental Health;
2929 [
2930 (b) for an adoption under Subsection 78A-6-103(1); [
2931 [
2932 (c) for an order permanently terminating the rights of a parent, guardian, or custodian[
2933
2934 (d) for a permanent order of custody and [
2935 (e) as provided in Subsection (2).
2936 (2) If the juvenile court enters a judgment or order for a minor for whom the court has
2937 extended continuing jurisdiction over the minor's case until the minor is 25 years old under
2938 Section 78A-6-703.4, the juvenile court's judgment or order is no longer in effect after the
2939 minor is 25 years old.
2940 Section 47. Section 78A-6-120 is amended to read:
2941 78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
2942 of jurisdiction -- Notice of discharge from custody of local mental health authority or
2943 Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
2944 [
2945
2946
2947 (1) Except as provided in Subsection (2), if the court retains jurisdiction over a minor's
2948 case under Section 78A-6-117, the court's jurisdiction over the minor's case continues until:
2949 (a) the minor is 21 years old; or
2950 (b) if the court extends jurisdiction over the minor's case until the minor is 25 years old
2951 under Section 78A-6-703.4, the minor is 25 years old.
2952 (2) (a) The [
2953 Subsection (1) terminates:
2954 (i) upon order of the court;
2955 (ii) upon commitment to a secure facility;
2956 (iii) upon commencement of proceedings in adult cases under Section 78A-6-1001; or
2957 (iv) in accordance with Sections 62A-7-404 and 78A-6-117.
2958 (b) The continuing jurisdiction of the court over a minor's case is not terminated:
2959 (i) by marriage[
2960 (ii) when a minor commits an offense under municipal, state, or federal law that is
2961 under the jurisdiction of another court and the minor is at least 18 years old at the time of the
2962 offense.
2963 (c) Notwithstanding Subsection (2)(a)(ii), the court retains jurisdiction to make and
2964 enforce orders related to restitution until the Youth Parole Authority discharges the [
2965
2966 (3) When a minor has been committed by the court to the physical custody of a local
2967 mental health authority or [
2968 Developmental Center, the local mental health authority or [
2969 authority's designee or the superintendent of the Utah State Developmental Center shall give
2970 the court written notice of [
2971 than five days before the discharge, release, or parole.
2972 (4) (a) [
2973 probation or under protective supervision, or of a minor who is otherwise under the continuing
2974 jurisdiction of the court, [
2975 the receiving court consents, or upon direction of the chair of the Board of Juvenile Court
2976 Judges.
2977 (b) The receiving court has the same powers with respect to the minor that [
2978 would have if the proceedings originated in that court.
2979 [
2980
2981 (5) A minor shall undergo a validated risk and needs assessment within seven days of
2982 the day on which an order terminating jurisdiction is issued[
2983 (a) the minor is adjudicated under Section 78A-6-117; and
2984 (b) the minor underwent a validated risk and needs assessment under Subsection
2985 78A-6-117(1)(d).
2986 Section 48. Section 78A-6-306 is amended to read:
2987 78A-6-306. Shelter hearing.
2988 (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
2989 after any one or all of the following occur:
2990 (a) removal of the child from the child's home by the division;
2991 (b) placement of the child in the protective custody of the division;
2992 (c) emergency placement under Subsection 62A-4a-202.1(4);
2993 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
2994 at the request of the division; or
2995 (e) a "Motion for Expedited Placement in Temporary Custody" is filed under
2996 Subsection 78A-6-106(4).
2997 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
2998 division shall issue a notice that contains all of the following:
2999 (a) the name and address of the person to whom the notice is directed;
3000 (b) the date, time, and place of the shelter hearing;
3001 (c) the name of the child on whose behalf a petition is being brought;
3002 (d) a concise statement regarding:
3003 (i) the reasons for removal or other action of the division under Subsection (1); and
3004 (ii) the allegations and code sections under which the proceeding has been instituted;
3005 (e) a statement that the parent or guardian to whom notice is given, and the child, are
3006 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
3007 indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
3008 provided in accordance with Title 78B, Chapter 22, Indigent Defense Act; and
3009 (f) a statement that the parent or guardian is liable for the cost of support of the child in
3010 the protective custody, temporary custody, and custody of the division, and the cost for legal
3011 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
3012 ability of the parent or guardian.
3013 (3) The notice described in Subsection (2) shall be personally served as soon as
3014 possible, but no later than one business day after removal of the child from the child's home, or
3015 the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
3016 78A-6-106(4), on:
3017 (a) the appropriate guardian ad litem; and
3018 (b) both parents and any guardian of the child, unless the parents or guardians cannot
3019 be located.
3020 (4) The following persons shall be present at the shelter hearing:
3021 (a) the child, unless it would be detrimental for the child;
3022 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
3023 fail to appear in response to the notice;
3024 (c) counsel for the parents, if one is requested;
3025 (d) the child's guardian ad litem;
3026 (e) the caseworker from the division who is assigned to the case; and
3027 (f) the attorney from the attorney general's office who is representing the division.
3028 (5) (a) At the shelter hearing, the court shall:
3029 (i) provide an opportunity to provide relevant testimony to:
3030 (A) the child's parent or guardian, if present; and
3031 (B) any other person having relevant knowledge; and
3032 (ii) subject to Section 78A-6-305, provide an opportunity for the child to testify.
3033 (b) The court:
3034 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
3035 Procedure;
3036 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
3037 the requesting party, or their counsel; and
3038 (iii) may in its discretion limit testimony and evidence to only that which goes to the
3039 issues of removal and the child's need for continued protection.
3040 (6) If the child is in the protective custody of the division, the division shall report to
3041 the court:
3042 (a) the reason why the child was removed from the parent's or guardian's custody;
3043 (b) any services provided to the child and the child's family in an effort to prevent
3044 removal;
3045 (c) the need, if any, for continued shelter;
3046 (d) the available services that could facilitate the return of the child to the custody of
3047 the child's parent or guardian; and
3048 (e) subject to Subsections 78A-6-307(18)(c) through (e), whether any relatives of the
3049 child or friends of the child's parents may be able and willing to accept temporary placement of
3050 the child.
3051 (7) The court shall consider all relevant evidence provided by persons or entities
3052 authorized to present relevant evidence pursuant to this section.
3053 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
3054 cause shown, the court may grant no more than one continuance, not to exceed five judicial
3055 days.
3056 (b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
3057 a continuance under Subsection (8)(a).
3058 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
3059 described in Subsection (2) within the time described in Subsection (3), the court may grant the
3060 request of a parent or guardian for a continuance, not to exceed five judicial days.
3061 (9) (a) If the child is in the protective custody of the division, the court shall order that
3062 the child be returned to the custody of the parent or guardian unless it finds, by a
3063 preponderance of the evidence, consistent with the protections and requirements provided in
3064 Subsection 62A-4a-201(1), that any one of the following exists:
3065 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
3066 safety of the child and the child's physical health or safety may not be protected without
3067 removing the child from the custody of the child's parent;
3068 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
3069 the child's growth, development, behavior, or psychological functioning;
3070 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3071 would sufficiently prevent future damage; and
3072 (C) there are no reasonable means available by which the child's emotional health may
3073 be protected without removing the child from the custody of the child's parent or guardian;
3074 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
3075 not removed from the custody of the child's parent or guardian;
3076 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
3077 household has been, or is considered to be at substantial risk of being, physically abused,
3078 sexually abused, or sexually exploited by a:
3079 (A) parent or guardian;
3080 (B) member of the parent's household or the guardian's household; or
3081 (C) person known to the parent or guardian;
3082 (v) the parent or guardian is unwilling to have physical custody of the child;
3083 (vi) the child is without any provision for the child's support;
3084 (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
3085 and appropriate care for the child;
3086 (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
3087 guardian is unwilling or unable to provide care or support for the child;
3088 (B) the whereabouts of the parent or guardian are unknown; and
3089 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
3090 (ix) subject to Subsections 78A-6-105[
3091 78A-6-301.5, the child is in immediate need of medical care;
3092 (x) (A) the physical environment or the fact that the child is left unattended beyond a
3093 reasonable period of time poses a threat to the child's health or safety; and
3094 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3095 would remove the threat;
3096 (xi) (A) the child or a minor residing in the same household has been neglected; and
3097 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3098 would prevent the neglect;
3099 (xii) the parent, guardian, or an adult residing in the same household as the parent or
3100 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
3101 and any clandestine laboratory operation was located in the residence or on the property where
3102 the child resided;
3103 (xiii) (A) the child's welfare is substantially endangered; and
3104 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3105 would remove the danger; or
3106 (xiv) the child's natural parent:
3107 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
3108 child;
3109 (B) is identified by a law enforcement agency as the primary suspect in an investigation
3110 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3111 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
3112 recklessly causing the death of another parent of the child.
3113 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
3114 established if:
3115 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
3116 involving the parent; and
3117 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
3118 (ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
3119 allowed the child to be in the physical care of a person after the parent received actual notice
3120 that the person physically abused, sexually abused, or sexually exploited the child, that fact
3121 constitutes prima facie evidence that there is a substantial risk that the child will be physically
3122 abused, sexually abused, or sexually exploited.
3123 (10) (a) (i) The court shall also make a determination on the record as to whether
3124 reasonable efforts were made to prevent or eliminate the need for removal of the child from the
3125 child's home and whether there are available services that would prevent the need for continued
3126 removal.
3127 (ii) If the court finds that the child can be safely returned to the custody of the child's
3128 parent or guardian through the provision of those services, the court shall place the child with
3129 the child's parent or guardian and order that those services be provided by the division.
3130 (b) In making the determination described in Subsection (10)(a), and in ordering and
3131 providing services, the child's health, safety, and welfare shall be the paramount concern, in
3132 accordance with federal law.
3133 (11) Where the division's first contact with the family occurred during an emergency
3134 situation in which the child could not safely remain at home, the court shall make a finding that
3135 any lack of preplacement preventive efforts was appropriate.
3136 (12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
3137 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
3138 "reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
3139 return a child to the child's home, provide reunification services, or attempt to rehabilitate the
3140 offending parent or parents.
3141 (13) The court may not order continued removal of a child solely on the basis of
3142 educational neglect as defined in Section 78A-6-105, truancy, or failure to comply with a court
3143 order to attend school.
3144 (14) (a) Whenever a court orders continued removal of a child under this section, the
3145 court shall state the facts on which that decision is based.
3146 (b) If no continued removal is ordered and the child is returned home, the court shall
3147 state the facts on which that decision is based.
3148 (15) If the court finds that continued removal and temporary custody are necessary for
3149 the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
3150 regardless of:
3151 (a) any error in the initial removal of the child;
3152 (b) the failure of a party to comply with notice provisions; or
3153 (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
3154 and Family Services.
3155 Section 49. Section 78A-6-312 is amended to read:
3156 78A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
3157 (1) The court may:
3158 (a) make any of the dispositions described in Section 78A-6-117;
3159 (b) place the minor in the custody or guardianship of any:
3160 (i) individual; or
3161 (ii) public or private entity or agency; or
3162 (c) order:
3163 (i) protective supervision;
3164 (ii) family preservation;
3165 (iii) subject to Subsections (12)(b), 78A-6-105[
3166 Section 78A-6-301.5, medical or mental health treatment;
3167 (iv) sibling visitation; or
3168 (v) other services.
3169 (2) Whenever the court orders continued removal at the dispositional hearing, and that
3170 the minor remain in the custody of the division, the court shall first:
3171 (a) establish a primary permanency plan for the minor; and
3172 (b) determine whether, in view of the primary permanency plan, reunification services
3173 are appropriate for the minor and the minor's family, pursuant to Subsections (21) through (23).
3174 (3) Subject to Subsections (6) and (7), if the court determines that reunification
3175 services are appropriate for the minor and the minor's family, the court shall provide for
3176 reasonable parent-time with the parent or parents from whose custody the minor was removed,
3177 unless parent-time is not in the best interest of the minor.
3178 (4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
3179 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
3180 "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
3181 attempt to rehabilitate the offending parent or parents.
3182 (5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
3183 concern in determining whether reasonable efforts to reunify should be made.
3184 (6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
3185 the court makes a finding that it is necessary to deny parent-time in order to:
3186 (a) protect the physical safety of the minor;
3187 (b) protect the life of the minor; or
3188 (c) prevent the minor from being traumatized by contact with the parent due to the
3189 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
3190 (7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
3191 parent's failure to:
3192 (a) prove that the parent has not used legal or illegal substances; or
3193 (b) comply with an aspect of the child and family plan that is ordered by the court.
3194 (8) (a) In addition to the primary permanency plan, the court shall establish a
3195 concurrent permanency plan that shall include:
3196 (i) a representative list of the conditions under which the primary permanency plan will
3197 be abandoned in favor of the concurrent permanency plan; and
3198 (ii) an explanation of the effect of abandoning or modifying the primary permanency
3199 plan.
3200 (b) In determining the primary permanency plan and concurrent permanency plan, the
3201 court shall consider:
3202 (i) the preference for kinship placement over nonkinship placement;
3203 (ii) the potential for a guardianship placement if the parent-child relationship is legally
3204 terminated and no appropriate adoption placement is available; and
3205 (iii) the use of an individualized permanency plan, only as a last resort.
3206 (9) A permanency hearing shall be conducted in accordance with Subsection
3207 78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if
3208 something other than reunification is initially established as a minor's primary permanency
3209 plan.
3210 (10) (a) The court may amend a minor's primary permanency plan before the
3211 establishment of a final permanency plan under Section 78A-6-314.
3212 (b) The court is not limited to the terms of the concurrent permanency plan in the event
3213 that the primary permanency plan is abandoned.
3214 (c) If, at any time, the court determines that reunification is no longer a minor's primary
3215 permanency plan, the court shall conduct a permanency hearing in accordance with Section
3216 78A-6-314 on or before the earlier of:
3217 (i) 30 days after the day on which the court makes the determination described in this
3218 Subsection (10)(c); or
3219 (ii) the day on which the provision of reunification services, described in Section
3220 78A-6-314, ends.
3221 (11) (a) If the court determines that reunification services are appropriate, the court
3222 shall order that the division make reasonable efforts to provide services to the minor and the
3223 minor's parent for the purpose of facilitating reunification of the family, for a specified period
3224 of time.
3225 (b) In providing the services described in Subsection (11)(a), the minor's health, safety,
3226 and welfare shall be the division's paramount concern, and the court shall so order.
3227 (12) (a) The court shall:
3228 (i) determine whether the services offered or provided by the division under the child
3229 and family plan constitute "reasonable efforts" on the part of the division;
3230 (ii) determine and define the responsibilities of the parent under the child and family
3231 plan in accordance with Subsection 62A-4a-205(6)(e); and
3232 (iii) identify verbally on the record, or in a written document provided to the parties,
3233 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
3234 determination regarding the provision of reasonable efforts, in accordance with state and
3235 federal law.
3236 (b) If the parent is in a substance use disorder treatment program, other than a certified
3237 drug court program:
3238 (i) the court may order the parent to submit to supplementary drug or alcohol testing in
3239 addition to the testing recommended by the parent's substance use disorder program based on a
3240 finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
3241 (ii) the court may order the parent to provide the results of drug or alcohol testing
3242 recommended by the substance use disorder program to the court or division.
3243 (13) (a) The time period for reunification services may not exceed 12 months from the
3244 date that the minor was initially removed from the minor's home, unless the time period is
3245 extended under Subsection 78A-6-314(7).
3246 (b) Nothing in this section may be construed to entitle any parent to an entire 12
3247 months of reunification services.
3248 (14) (a) If reunification services are ordered, the court may terminate those services at
3249 any time.
3250 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
3251 to be inconsistent with the final permanency plan for the minor established pursuant to Section
3252 78A-6-314, then measures shall be taken, in a timely manner, to:
3253 (i) place the minor in accordance with the permanency plan; and
3254 (ii) complete whatever steps are necessary to finalize the permanent placement of the
3255 minor.
3256 (15) Any physical custody of the minor by the parent or a relative during the period
3257 described in Subsections (11) through (14) does not interrupt the running of the period.
3258 (16) (a) If reunification services are ordered, a permanency hearing shall be conducted
3259 by the court in accordance with Section 78A-6-314 at the expiration of the time period for
3260 reunification services.
3261 (b) The permanency hearing shall be held no later than 12 months after the original
3262 removal of the minor.
3263 (c) If reunification services are not ordered, a permanency hearing shall be conducted
3264 within 30 days, in accordance with Section 78A-6-314.
3265 (17) With regard to a minor in the custody of the division whose parent or parents are
3266 ordered to receive reunification services but who have abandoned that minor for a period of six
3267 months from the date that reunification services were ordered:
3268 (a) the court shall terminate reunification services; and
3269 (b) the division shall petition the court for termination of parental rights.
3270 (18) When a court conducts a permanency hearing for a minor under Section
3271 78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
3272 sibling group together is:
3273 (a) practicable; and
3274 (b) in accordance with the best interest of the minor.
3275 (19) When a child is under the custody of the division and has been separated from a
3276 sibling due to foster care or adoptive placement, a court may order sibling visitation, subject to
3277 the division obtaining consent from the sibling's legal guardian, according to the court's
3278 determination of the best interests of the child for whom the hearing is held.
3279 (20) (a) Because of the state's interest in and responsibility to protect and provide
3280 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
3281 parent's interest in receiving reunification services is limited.
3282 (b) The court may determine that:
3283 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
3284 based on the individual circumstances; and
3285 (ii) reunification services should not be provided.
3286 (c) In determining "reasonable efforts" to be made with respect to a minor, and in
3287 making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
3288 concern.
3289 (21) There is a presumption that reunification services should not be provided to a
3290 parent if the court finds, by clear and convincing evidence, that any of the following
3291 circumstances exist:
3292 (a) the whereabouts of the parents are unknown, based upon a verified affidavit
3293 indicating that a reasonably diligent search has failed to locate the parent;
3294 (b) subject to Subsection (22)(a), the parent is suffering from a mental illness of such
3295 magnitude that it renders the parent incapable of utilizing reunification services;
3296 (c) the minor was previously adjudicated as an abused child due to physical abuse,
3297 sexual abuse, or sexual exploitation, and following the adjudication the minor:
3298 (i) was removed from the custody of the minor's parent;
3299 (ii) was subsequently returned to the custody of the parent; and
3300 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
3301 exploitation;
3302 (d) the parent:
3303 (i) caused the death of another minor through abuse or neglect;
3304 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
3305 (A) murder or manslaughter of a child; or
3306 (B) child abuse homicide;
3307 (iii) committed sexual abuse against the child;
3308 (iv) is a registered sex offender or required to register as a sex offender; or
3309 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
3310 child;
3311 (B) is identified by a law enforcement agency as the primary suspect in an investigation
3312 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3313 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
3314 recklessly causing the death of another parent of the child;
3315 (e) the minor suffered severe abuse by the parent or by any person known by the
3316 parent, if the parent knew or reasonably should have known that the person was abusing the
3317 minor;
3318 (f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
3319 and the court finds that it would not benefit the minor to pursue reunification services with the
3320 offending parent;
3321 (g) the parent's rights are terminated with regard to any other minor;
3322 (h) the minor was removed from the minor's home on at least two previous occasions
3323 and reunification services were offered or provided to the family at those times;
3324 (i) the parent has abandoned the minor for a period of six months or longer;
3325 (j) the parent permitted the child to reside, on a permanent or temporary basis, at a
3326 location where the parent knew or should have known that a clandestine laboratory operation
3327 was located;
3328 (k) except as provided in Subsection (22)(b), with respect to a parent who is the child's
3329 birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
3330 exposed to an illegal or prescription drug that was abused by the child's mother while the child
3331 was in utero, if the child was taken into division custody for that reason, unless the mother
3332 agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
3333 substance use disorder treatment program approved by the department; or
3334 (l) any other circumstance that the court determines should preclude reunification
3335 efforts or services.
3336 (22) (a) The finding under Subsection (21)(b) shall be based on competent evidence
3337 from at least two medical or mental health professionals, who are not associates, establishing
3338 that, even with the provision of services, the parent is not likely to be capable of adequately
3339 caring for the minor within 12 months after the day on which the court finding is made.
3340 (b) A judge may disregard the provisions of Subsection (21)(k) if the court finds, under
3341 the circumstances of the case, that the substance use disorder treatment described in Subsection
3342 (21)(k) is not warranted.
3343 (23) In determining whether reunification services are appropriate, the court shall take
3344 into consideration:
3345 (a) failure of the parent to respond to previous services or comply with a previous child
3346 and family plan;
3347 (b) the fact that the minor was abused while the parent was under the influence of
3348 drugs or alcohol;
3349 (c) any history of violent behavior directed at the child or an immediate family
3350 member;
3351 (d) whether a parent continues to live with an individual who abused the minor;
3352 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
3353 (f) testimony by a competent professional that the parent's behavior is unlikely to be
3354 successful; and
3355 (g) whether the parent has expressed an interest in reunification with the minor.
3356 (24) (a) If reunification services are not ordered pursuant to Subsections (20) through
3357 (22), and the whereabouts of a parent become known within six months after the day on which
3358 the out-of-home placement of the minor is made, the court may order the division to provide
3359 reunification services.
3360 (b) The time limits described in Subsections (2) through (18) are not tolled by the
3361 parent's absence.
3362 (25) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
3363 services unless the court determines that those services would be detrimental to the minor.
3364 (b) In making the determination described in Subsection (25)(a), the court shall
3365 consider:
3366 (i) the age of the minor;
3367 (ii) the degree of parent-child bonding;
3368 (iii) the length of the sentence;
3369 (iv) the nature of the treatment;
3370 (v) the nature of the crime or illness;
3371 (vi) the degree of detriment to the minor if services are not offered;
3372 (vii) for a minor 10 years old or older, the minor's attitude toward the implementation
3373 of family reunification services; and
3374 (viii) any other appropriate factors.
3375 (c) Reunification services for an incarcerated parent are subject to the time limitations
3376 imposed in Subsections (2) through (18).
3377 (d) Reunification services for an institutionalized parent are subject to the time
3378 limitations imposed in Subsections (2) through (18), unless the court determines that continued
3379 reunification services would be in the minor's best interest.
3380 (26) If, pursuant to Subsections (21)(b) through (l), the court does not order
3381 reunification services, a permanency hearing shall be conducted within 30 days, in accordance
3382 with Section 78A-6-314.
3383 Section 50. Section 78A-6-601 is amended to read:
3384 78A-6-601. Criminal proceedings involving minors -- Transfer to juvenile court --
3385 Exception.
3386 [
3387
3388
3389
3390
3391
3392 (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
3393 justice court determines that an individual being charged is under 21 years old and was younger
3394 than 18 years old at the time of committing the alleged offense, the district or justice court shall
3395 transfer the case to the juvenile court with all the papers, documents, and transcripts of any
3396 testimony.
3397 (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
3398 that is:
3399 (A) filed in the district court in accordance with Section 78A-6-703.2; or
3400 (B) transferred to the district court in accordance with Section 78A-6-703.5.
3401 (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
3402 offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
3403 (2) The district court or justice court making the transfer shall:
3404 (a) order the [
3405 place of detention designated by the juvenile court[
3406 (b) release [
3407 guardian or other person legally responsible for [
3408 juvenile court at a time designated by [
3409 (3) The juvenile court shall then proceed as provided in this chapter.
3410 Section 51. Section 78A-6-602 is amended to read:
3411 78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
3412 referral -- Citation -- Failure to appear.
3413 (1) A proceeding in a minor's case is commenced by petition, except as provided in
3414 [
3415 (2) (a) A peace officer or a public official of the state, a county, city, or town charged
3416 with the enforcement of the laws of the state or local jurisdiction shall file a formal referral
3417 with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken to a
3418 detention facility, the formal referral shall be filed with the juvenile court within [
3419
3420 not be filed with the juvenile court on an offense unless the offense is subject to referral under
3421 Section 53G-8-211.
3422 (b) (i) When the court is informed by a peace officer or other person that a minor is or
3423 appears to be within the court's jurisdiction, the probation department shall make a preliminary
3424 inquiry to determine whether the minor is eligible to enter into a written consent agreement
3425 with the probation department and, if the minor is a child, the minor's parent, guardian, or
3426 custodian for the nonjudicial adjustment of the case pursuant to this Subsection (2).
3427 (ii) Except as provided in Subsection (2)(k), the court's probation department shall
3428 offer a nonjudicial adjustment if the minor:
3429 (A) is referred with a misdemeanor, infraction, or status offense;
3430 (B) has no more than two prior adjudications; and
3431 (C) has no more than three prior unsuccessful nonjudicial adjustment attempts.
3432 (iii) For purposes of this Subsection (2)(b), an adjudication or nonjudicial adjustment
3433 means an action based on a single episode of conduct that is closely related in time and is
3434 incident to an attempt or an accomplishment of a single objective.
3435 (c) (i) Within seven days of receiving a referral that appears to be eligible for a
3436 nonjudicial adjustment pursuant to Subsection (2)(b), the probation department shall provide
3437 an initial notice to reasonably identifiable and locatable victims of the offense contained in the
3438 referral.
3439 (ii) The victim shall be responsible to provide to the division upon request:
3440 (A) invoices, bills, receipts, and other evidence of injury, loss of earnings, and
3441 out-of-pocket loss;
3442 (B) documentation and evidence of compensation or reimbursement from insurance
3443 companies or agencies of Utah, any other state, or federal government received as a direct
3444 result of the crime for injury, loss of earnings, or out-of-pocket loss; and
3445 (C) proof of identification, including home and work address and telephone numbers.
3446 (iii) The inability, failure, or refusal of the victim to provide all or part of the requested
3447 information shall result in the probation department determining restitution based on the best
3448 information available.
3449 (d) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
3450 validated risk and needs assessment and may request that the prosecutor review the referral
3451 pursuant to Subsection (2)(h) to determine whether to dismiss the referral or file a petition
3452 instead of offering a nonjudicial adjustment if:
3453 (A) the results of the assessment indicate the youth is high risk; or
3454 (B) the results of the assessment indicate the youth is moderate risk and the referral is
3455 for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or
3456 Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
3457 (ii) Except as provided in Subsection (2)(k), the court's probation department may offer
3458 a nonjudicial adjustment to any other minor who does not meet the criteria provided in
3459 Subsection (2)(b).
3460 (iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
3461 admission of guilt.
3462 (iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to
3463 pay a financial penalty under Subsection (2)(e).
3464 (v) Efforts to effect a nonjudicial adjustment may not extend for a period of more than
3465 90 days without leave of a judge of the court, who may extend the period for an additional 90
3466 days.
3467 (vi) A [
3468 (A) the minor does not qualify for nonjudicial adjustment under Subsection (2)(b) or
3469 (d)(ii);
3470 (B) the minor declines nonjudicial adjustment;
3471 (C) the minor fails to substantially comply with the conditions agreed upon as part of
3472 the nonjudicial adjustment;
3473 (D) the minor fails to respond to the probation department's inquiry regarding
3474 eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
3475 preliminary inquiry; or
3476 (E) the [
3477 (e) The nonjudicial adjustment of a case may include the following conditions agreed
3478 upon as part of the nonjudicial closure:
3479 (i) payment of a financial penalty of not more than $250 to the juvenile court subject to
3480 the terms established under Subsection (2)(f);
3481 (ii) payment of victim restitution;
3482 (iii) satisfactory completion of community or compensatory service;
3483 (iv) referral to an appropriate provider for counseling or treatment;
3484 (v) attendance at substance use disorder programs or counseling programs;
3485 (vi) compliance with specified restrictions on activities and associations;
3486 (vii) victim-offender mediation, if requested by the victim; and
3487 (viii) other reasonable actions that are in the interest of the child or minor, the
3488 community, and the victim.
3489 (f) A fee, fine, or restitution included in a nonjudicial [
3490 accordance with Subsection (2)(e) shall be based upon the ability of the minor's family to pay
3491 as determined by a statewide sliding scale developed as provided in Section 63M-7-208 on and
3492 after July 1, 2018.
3493 (g) If a [
3494 identified in Subsection (2)(k), if a minor fails to substantially comply with the conditions
3495 agreed upon as part of the nonjudicial [
3496 declines a nonjudicial adjustment pursuant to Subsection (2)(b), (2)(d)(ii), or (2)(d)(vi), the
3497 [
3498 (i) dismiss the case;
3499 (ii) refer the case back to the probation department for a new attempt at nonjudicial
3500 adjustment; or
3501 (iii) subject to Subsection (2)(i), file a petition with the court.
3502 (h) Notwithstanding Subsection (2)(g), a petition may only be filed upon reasonable
3503 belief that:
3504 (i) the charges are supported by probable cause;
3505 (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
3506 doubt; and
3507 (iii) the decision to charge is in the interests of justice.
3508 (i) Failure to pay a fine or fee may not serve as a basis for filing of a petition under
3509 Subsection (2)(g)(iii) if the minor has substantially complied with the other conditions agreed
3510 upon in accordance with Subsection (2)(e) or those imposed through any other court diversion
3511 program.
3512 (j) Notwithstanding Subsection (2)(i), a violation of Section 76-10-105 that is subject
3513 to the jurisdiction of the juvenile court may include a fine or penalty and participation in a
3514 court-approved tobacco education program, which may include a participation fee.
3515 (k) Notwithstanding the other provisions of this section, the probation department shall
3516 request that a [
3517 (2)(g) if:
3518 (i) the referral involves a violation of:
3519 (A) Section 41-6a-502, driving under the influence;
3520 (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
3521 serious bodily injury;
3522 (C) Section 76-5-206, negligent homicide;
3523 (D) Section 76-9-702.1, sexual battery;
3524 (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
3525 shotgun on or about school premises; or
3526 (F) Section 76-10-509, possession of dangerous weapon by minor, but only if the
3527 dangerous weapon is a firearm; or
3528 (ii) the minor has a current suspended order for custody under Subsection
3529 78A-6-117(5)(a).
3530 (l) If the [
3531 the case to the probation department for another offer of nonjudicial adjustment.
3532 (m) If a minor violates Section 41-6a-502, regardless of whether a [
3533 prosecuting attorney reviews a referral under Subsection (2)(k)(i)(A), the minor shall be subject
3534 to a drug and alcohol screening and participate in an assessment, if found appropriate by the
3535 screening, and if warranted, follow the recommendations of the assessment.
3536 [
3537
3538
3539
3540 [
3541
3542
3543
3544
3545
3546 [
3547
3548 Section 52. Section 78A-6-603 is amended to read:
3549 78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
3550 appear.
3551 (1) As used in this section, "citation" means an abbreviated referral [
3552
3553 (2) A petition is not required to commence a proceeding against a minor for an
3554 adjudication of an alleged offense if a citation is issued for an offense for which the court has
3555 jurisdiction over and the offense listed in the citation is for:
3556 (a) a violation of a wildlife law;
3557 (b) a violation of a boating law;
3558 (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
3559 infraction:
3560 (i) for a traffic violation; or
3561 (ii) designated as a citable offense by general order of the Board of Juvenile Court
3562 Judges;
3563 (d) a class B misdemeanor or infraction for a traffic violation where the individual is
3564 15 years old or younger at the time the offense was alleged to have occurred;
3565 (e) an infraction or misdemeanor designated as a citable offense by a general order of
3566 the Board of Juvenile Court Judges; or
3567 (f) a violation of Subsection 76-10-105(2).
3568 [
3569 [
3570 (a) the name and address of the juvenile court before which the minor may be required
3571 to appear;
3572 (b) the name of the minor cited;
3573 (c) the statute or local ordinance that is alleged to have been violated;
3574 (d) a brief description of the offense charged;
3575 (e) the date, time, and location at which the offense is alleged to have occurred;
3576 (f) the date the citation was issued;
3577 (g) the name and badge or identification number of the peace officer or public official
3578 who issued the citation;
3579 (h) the name of the arresting person if an arrest was made by a private party and the
3580 citation was issued in lieu of taking the arrested minor into custody as provided in Section
3581 78A-6-112;
3582 (i) the date and time when the minor is to appear, or a statement that the minor and
3583 parent or legal guardian are to appear when notified by the juvenile court; and
3584 (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
3585 appear at the juvenile court as designated on the citation.
3586 [
3587 entered if known:
3588 (a) the minor's address;
3589 (b) the minor's date of birth;
3590 (c) the name and address of the child's custodial parent or legal guardian, if different
3591 from the child; and
3592 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
3593 this information shall be removed from the documents the minor receives.
3594 [
3595 [
3596 [
3597
3598 [
3599 [
3600 [
3601 [
3602
3603 [
3604 [
3605
3606 [
3607 (7) A minor offense, as defined [
3608 committed by an enrolled child on school property or related to school attendance, may only be
3609 sent to the [
3610 53G-8-211.
3611 (8) An inquiry shall be conducted:
3612 (a) by the prosecutor to determine upon reasonable belief that:
3613 (i) the charges are supported by probable cause;
3614 (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
3615 doubt; and
3616 (iii) the decision to charge is in the interests of justice; and
3617 (b) if appropriate, by the court under Section 78A-6-117.
3618 [
3619 [
3620 juvenile court designated in the citation on the time and date specified in the citation or when
3621 notified by the juvenile court.
3622 (b) A citation may not require a minor to appear sooner than five days following [
3623 the citation's issuance.
3624 [
3625 juvenile court pursuant to a citation may be found in contempt of court. The court may proceed
3626 against the minor as provided in Section 78A-6-1101.
3627 [
3628 forfeited under Section 78A-6-113 with the consent of:
3629 (a) the court; and
3630 (b) if the minor is a child, the parent or legal guardian of the child cited.
3631 Section 53. Section 78A-6-703.1 is enacted to read:
3632 78A-6-703.1. Definitions.
3633 As used in this part:
3634 (1) "Qualifying offense" means an offense described in Subsection 78A-6-703.3(1) or
3635 (2)(b).
3636 (2) "Separate offense" means any offense that is not a qualifying offense.
3637 Section 54. Section 78A-6-703.2 is enacted to read:
3638 78A-6-703.2. Criminal information for a minor in district court.
3639 (1) If a prosecuting attorney charges a minor with aggravated murder under Section
3640 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
3641 information in the district court if the minor was the principal actor in an offense and the
3642 information alleges:
3643 (a) the minor was 16 or 17 years old at the time of the offense; and
3644 (b) the offense for which the minor is being charged is:
3645 (i) Section 76-5-202, aggravated murder; or
3646 (ii) Section 76-5-203, murder.
3647 (2) If the prosecuting attorney files a criminal information in the district court in
3648 accordance with Subsection (1), the district court shall try the minor as an adult, except:
3649 (a) the minor is not subject to a sentence of death in accordance with Subsection
3650 76-3-206(2)(b); and
3651 (b) the minor is not subject to a sentence of life without parole in accordance with
3652 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
3653 (3) Except for a minor who is subject to the authority of the Board of Pardons and
3654 Parole, a minor shall be held in a juvenile detention facility until the district court determines
3655 where the minor will be held until the time of trial if:
3656 (a) the minor is 16 or 17 years old; and
3657 (b) the minor is arrested for aggravated murder or murder.
3658 (4) In considering where a minor will be detained until the time of trial, the district
3659 court shall consider:
3660 (a) the age of the minor;
3661 (b) the nature, seriousness, and circumstances of the alleged offense;
3662 (c) the minor's history of prior criminal acts;
3663 (d) whether detention in a juvenile detention facility will adequately serve the need for
3664 community protection pending the outcome of any criminal proceedings;
3665 (e) the relative ability of the facility to meet the needs of the minor and protect the
3666 public;
3667 (f) the physical maturity of the minor;
3668 (g) the current mental state of the minor as evidenced by relevant mental health or a
3669 psychological assessment or screening that is made available to the court; and
3670 (h) any other factors that the court considers relevant.
3671 (5) A minor ordered to a juvenile detention facility under Subsection (4) shall remain
3672 in the facility:
3673 (a) until released by the district court; or
3674 (b) if convicted, until sentencing.
3675 (6) If a minor is held in a juvenile detention facility under Subsection (4), the court
3676 shall:
3677 (a) advise the minor of the right to bail; and
3678 (b) set initial bail in accordance with Title 77, Chapter 20, Bail.
3679 (7) If the minor ordered to a juvenile detention facility under Subsection (4) attains the
3680 age of 18 years, the minor shall be transferred within 30 days to an adult jail until:
3681 (a) released by the district court judge; or
3682 (b) if convicted, sentencing.
3683 (8) If a minor is ordered to a juvenile detention facility under Subsection (4) and the
3684 minor's conduct or condition endangers the safety or welfare of others in the juvenile detention
3685 facility, the court may find that the minor shall be detained in another place of confinement
3686 considered appropriate by the court, including a jail or an adult facility for pretrial confinement.
3687 (9) If a minor is charged for aggravated murder or murder in the district court under
3688 this section, and all charges for aggravated murder or murder result in an acquittal, a finding of
3689 not guilty, or a dismissal:
3690 (a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
3691 and
3692 (b) the Division of Juvenile Justice Services gains jurisdiction over the minor.
3693 Section 55. Section 78A-6-703.3 is enacted to read:
3694 78A-6-703.3. Criminal information for a minor in juvenile court.
3695 Notwithstanding Section 78A-6-602.5, if a prosecuting attorney charges a minor with a
3696 felony, the prosecuting attorney may file a criminal information in the court if the minor was a
3697 principal actor in an offense and the information alleges:
3698 (1) (a) the minor was 16 or 17 years old at the time of the offense; and
3699 (b) the offense for which the minor is being charged is a felony violation of:
3700 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
3701 (ii) Section 76-5-202, attempted aggravated murder;
3702 (iii) Section 76-5-203, attempted murder;
3703 (iv) Section 76-5-302, aggravated kidnapping;
3704 (v) Section 76-5-405, aggravated sexual assault;
3705 (vi) Section 76-6-103, aggravated arson;
3706 (vii) Section 76-6-203, aggravated burglary;
3707 (viii) Section 76-6-302, aggravated robbery;
3708 (ix) Section 76-10-508.1, felony discharge of a firearm; or
3709 (x) an offense other than an offense listed in Subsections (1)(b)(i) through (ix)
3710 involving the use of a dangerous weapon:
3711 (A) if the offense would be a felony had an adult committed the offense; and
3712 (B) the minor has been previously adjudicated or convicted of an offense involving the
3713 use of a dangerous weapon that would have been a felony if committed by an adult; or
3714 (2) (a) the minor was 14 or 15 years old at the time of the offense; and
3715 (b) the offense for which the minor is being charged is a felony violation of:
3716 (i) Section 76-5-202, aggravated murder or attempted aggravated murder; or
3717 (ii) Section 76-5-203, murder or attempted murder.
3718 Section 56. Section 78A-6-703.4 is enacted to read:
3719 78A-6-703.4. Extension of juvenile court jurisdiction -- Procedure.
3720 (1) At the time that a prosecuting attorney charges a minor who is 14 years old or older
3721 with a felony, either party may file a motion to extend the juvenile court's continuing
3722 jurisdiction over the minor's case until the minor is 25 years old if:
3723 (a) the minor was the principal actor in the offense; and
3724 (b) the petition or criminal information alleges a felony violation of:
3725 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
3726 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
3727 (iii) Section 76-5-203, murder or attempted murder;
3728 (iv) Section 76-5-302, aggravated kidnapping;
3729 (v) Section 76-5-405, aggravated sexual assault;
3730 (vi) Section 76-6-103, aggravated arson;
3731 (vii) Section 76-6-203, aggravated burglary;
3732 (viii) Section 76-6-302, aggravated robbery;
3733 (ix) Section 76-10-508.1, felony discharge of a firearm; or
3734 (x) (A) an offense other than the offenses listed in Subsections (1)(b)(i) through (ix)
3735 involving the use of a dangerous weapon that would be a felony if committed by an adult; and
3736 (B) the minor has been previously adjudicated or convicted of an offense involving the
3737 use of a dangerous weapon that would have been a felony if committed by an adult.
3738 (2) (a) Notwithstanding Subsection (1), either party may file a motion to extend the
3739 court's continuing jurisdiction after a determination by the court that the minor will not be
3740 bound over to the district court under Section 78A-6-703.5.
3741 (3) The court shall make a determination on a motion under Subsection (1) or (2) at the
3742 time of disposition.
3743 (4) The court shall extend the continuing jurisdiction over the minor's case until the
3744 minor is 25 years old if the court finds, by a preponderance of the evidence, that extending
3745 continuing jurisdiction is in the best interest of the minor and the public.
3746 (5) In considering whether it is in the best interest of the minor and the public for the
3747 court to extend jurisdiction over the minor's case until the minor is 25 years old, the court shall
3748 consider and base the court's decision on:
3749 (a) whether the protection of the community requires an extension of jurisdiction
3750 beyond the age of 21;
3751 (b) the extent to which the minor's actions in the offense were committed in an
3752 aggressive, violent, premeditated, or willful manner;
3753 (c) the minor's mental, physical, educational, trauma, and social history; and
3754 (d) the criminal record and previous history of the minor.
3755 (6) The amount of weight that each factor in Subsection (5) is given is in the court's
3756 discretion.
3757 (7) (a) The court may consider written reports and other materials relating to the
3758 minor's mental, physical, educational, trauma, and social history.
3759 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
3760 the court shall require the person preparing the report or other material to appear and be subject
3761 to both direct and cross-examination.
3762 (8) A minor may testify under oath, call witnesses, cross-examine witnesses, and
3763 present evidence on the factors described in Subsection (5).
3764 Section 57. Section 78A-6-703.5 is enacted to read:
3765 78A-6-703.5. Preliminary hearing.
3766 (1) If a prosecuting attorney files a criminal information in accordance with Section
3767 78A-6-703.3, the court shall conduct a preliminary hearing to determine whether a minor
3768 should be bound over to the district court for a qualifying offense.
3769 (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
3770 the burden of establishing:
3771 (a) probable cause to believe that a qualifying offense was committed and the minor
3772 committed that offense; and
3773 (b) by a preponderance of the evidence, that it is contrary to the best interests of the
3774 minor and the public for the juvenile court to retain jurisdiction over the offense.
3775 (3) In making a determination under Subsection (2)(b), the court shall consider and
3776 make findings on:
3777 (a) the seriousness of the qualifying offense and whether the protection of the
3778 community requires that the minor is detained beyond the amount of time allowed under
3779 Subsection 78A-6-117(2)(h), or beyond the age of continuing jurisdiction that the court may
3780 exercise under Section 78A-6-703.4;
3781 (b) the extent to which the minor's actions in the qualifying offense were committed in
3782 an aggressive, violent, premeditated, or willful manner;
3783 (c) the minor's mental, physical, educational, trauma, and social history;
3784 (d) the criminal record or history of the minor; and
3785 (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
3786 are available to the court.
3787 (4) The amount of weight that each factor in Subsection (3) is given is in the court's
3788 discretion.
3789 (5) (a) The court may consider any written report or other material that relates to the
3790 minor's mental, physical, educational, trauma, and social history.
3791 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
3792 the court shall require the person preparing the report, or other material, under Subsection
3793 (5)(a) to appear and be subject to direct and cross-examination.
3794 (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
3795 call witnesses, cross-examine witnesses, and present evidence on the factors described in
3796 Subsection (3).
3797 (7) (a) A proceeding before the court related to a charge filed under this part shall be
3798 conducted in conformity with the Utah Rules of Juvenile Procedure.
3799 (b) Title 78B, Chapter 22, Indigent Defense Act, and Section 78A-6-115 are applicable
3800 to the preliminary hearing under this section.
3801 (8) If the court finds that the prosecuting attorney has met the burden of proof under
3802 Subsection (2), the court shall bind the minor over to the district court to be held for trial.
3803 (9) (a) If the court finds that a qualifying offense has been committed by a minor, but
3804 the prosecuting attorney has not met the burden of proof under Subsection (2)(b), the court
3805 shall:
3806 (i) proceed upon the criminal information as if the information were a petition under
3807 Section 78A-6-602.5;
3808 (ii) release or detain the minor in accordance with Section 78A-6-113; and
3809 (iii) proceed with an adjudication for the minor in accordance with this chapter.
3810 (b) If the court finds that the prosecuting attorney has not met the burden under
3811 Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file a
3812 motion to extend the court's continuing jurisdiction over the minor's case until the minor is 25
3813 years old in accordance with Section 78A-6-703.4.
3814 (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
3815 criminal information as the qualifying offense if the qualifying offense and separate offense
3816 arise from a single criminal episode.
3817 (b) If the prosecuting attorney charges a minor with a separate offense as described in
3818 Subsection (10)(a):
3819 (i) the prosecuting attorney shall have the burden of establishing probable cause to
3820 believe that the separate offense was committed and the minor committed the separate offense;
3821 and
3822 (ii) if the prosecuting attorney establishes probable cause for the separate offense under
3823 Subsection (10)(b)(i) and the court binds the minor over to the district court for the qualifying
3824 offense, the court shall also bind the minor over for the separate offense to the district court.
3825 (11) If a grand jury indicts a minor for a qualifying offense:
3826 (a) the prosecuting attorney does not need to establish probable cause under Subsection
3827 (2)(a) for the qualifying offense and any separate offense included in the indictment; and
3828 (b) the court shall proceed with determining whether the minor should be bound over
3829 to the district court for the qualifying offense and any separate offense included in the
3830 indictment in accordance with Subsections (2)(b) and (3).
3831 (12) If a minor is bound over to the district court, the court shall:
3832 (a) issue a criminal warrant of arrest;
3833 (b) advise the minor of the right to bail; and
3834 (c) set initial bail in accordance with Title 77, Chapter 20, Bail.
3835 (13) (a) At the time that a minor is bound over to the district court, the court shall make
3836 an initial determination on where the minor is held until the time of trial.
3837 (b) In determining where a minor is held until the time of trial, the court shall consider:
3838 (i) the age of the minor;
3839 (ii) the minor's history of prior criminal acts;
3840 (iii) whether detention in a juvenile detention facility will adequately serve the need for
3841 community protection pending the outcome of any criminal proceedings;
3842 (iv) the relative ability of the facility to meet the needs of the minor and protect the
3843 public;
3844 (v) the physical maturity of the minor;
3845 (vi) the current mental state of the minor as evidenced by relevant mental health or
3846 psychological assessments or screenings that are made available to the court; and
3847 (vii) any other factors that the court considers relevant.
3848 (14) If the court orders a minor to be detained in a juvenile detention facility under
3849 Subsection (13), the minor shall remain in the facility:
3850 (a) until released by a district court; or
3851 (b) if convicted, until sentencing.
3852 (15) If the court orders the minor to be detained in a juvenile detention facility under
3853 Subsection (13) and the minor attains the age of 18 while detained at the facility, the minor
3854 shall be transferred within 30 days to an adult jail to remain:
3855 (a) until released by the district court; or
3856 (b) if convicted, until sentencing.
3857 (16) Except as provided in Subsection (17) and Section 78A-6-705, if a minor is bound
3858 over to the district court under this section, the jurisdiction of the Division of Juvenile Justice
3859 Services and the juvenile court over the minor is terminated for the qualifying offense and any
3860 other separate offense for which the minor is bound over.
3861 (17) If a minor is bound over to the district court for a qualifying offense and the
3862 qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:
3863 (a) the juvenile court regains jurisdiction over any separate offense committed by the
3864 minor; and
3865 (b) the Division of Juvenile Justice Services regains jurisdiction over the minor.
3866 Section 58. Section 78A-6-703.6 is enacted to read:
3867 78A-6-703.6. Criminal proceedings for a minor bound over to district court.
3868 (1) If the juvenile court binds a minor over to the district court in accordance with
3869 Section 78A-6-703.5, the prosecuting attorney shall try the minor as if the minor is an adult in
3870 the district court except:
3871 (a) the minor is not subject to a sentence of death in accordance with Subsection
3872 76-3-206(2)(b); and
3873 (b) the minor is not subject to a sentence of life without parole in accordance with
3874 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
3875 (2) A minor who is bound over to the district court to answer as an adult is not entitled
3876 to a preliminary hearing in the district court.
3877 (3) (a) If a minor is bound over to the district court by the juvenile court, the district
3878 court may reconsider the juvenile court's decision under Subsection 78A-6-703.5(13) as to
3879 where the minor is being held until trial.
3880 (b) If the district court reconsiders the juvenile court's decision as to where the minor is
3881 held, the district court shall consider and make findings on:
3882 (i) the age of the minor;
3883 (ii) the minor's history of prior criminal acts;
3884 (iii) whether detention in a juvenile detention facility will adequately serve the need for
3885 community protection pending the outcome of any criminal proceedings;
3886 (iv) the relative ability of the facility to meet the needs of the minor and protect the
3887 public;
3888 (v) the physical maturity of the minor;
3889 (vi) the current mental state of the minor as evidenced by relevant mental health or
3890 psychological assessments or screenings that are made available to the court; and
3891 (vii) any other factors the court considers relevant.
3892 (4) A minor who is ordered to a juvenile detention facility under Subsection (3) shall
3893 remain in the facility:
3894 (a) until released by a district court; or
3895 (b) if convicted, until sentencing.
3896 (5) If the district court orders the minor to be detained in a juvenile detention facility
3897 under Subsection (3) and the minor attains the age of 18 while detained at the facility, the
3898 minor shall be transferred within 30 days to an adult jail to remain:
3899 (a) until released by the district court; or
3900 (b) if convicted, until sentencing.
3901 (6) If a minor is bound over to the district court and detained in a juvenile detention
3902 facility, the district court may order the minor be detained in another place of confinement that
3903 is considered appropriate by the district court, including a jail or other place of pretrial
3904 confinement for adults if the minor's conduct or condition endangers the safety and welfare of
3905 others in the facility.
3906 (7) If the district court obtains jurisdiction over a minor under Section 78A-6-703.5,
3907 the district court is not divested of jurisdiction for a qualifying offense or a separate offense
3908 listed in the criminal information when the minor is allowed to enter a plea to, or is found
3909 guilty of, another offense in the same criminal information.
3910 Section 59. Section 78A-6-704 is amended to read:
3911 78A-6-704. Appeals from bind over proceedings.
3912 (1) A minor may, as a matter of right, appeal from[
3913 binding the minor over to the district court [
3914
3915
3916
3917 (2) The [
3918 an order of the juvenile court that a minor charged [
3919
3920 adjudicated in the juvenile court[
3921 [
3922
3923 Section 60. Section 78A-6-705 is amended to read:
3924 78A-6-705. Youth prison commitment.
3925 (1) (a) Before sentencing a minor, who [
3926
3927 under Section 78A-6-703.5 to be tried as an adult, to prison the district court shall request a
3928 report from the Division of Juvenile Justice Services regarding the potential risk to other
3929 [
3930 of Juvenile Justice Services.
3931 (b) The [
3932 report to the district court as part of the pre-sentence report or as a separate report.
3933 (2) If, after receiving the report described in Subsection (1), the district court
3934 determines that probation is not appropriate and commitment to prison is an appropriate
3935 sentence, the district court shall order the minor committed to prison and the minor shall be
3936 provisionally housed in a secure facility operated by the Division of Juvenile Justice Services
3937 until the minor reaches 18 years [
3938 Board of Pardons and Parole.
3939 (3) The district court may order the minor committed directly to the custody of the
3940 Department of Corrections if the court finds that:
3941 (a) the minor would present an unreasonable risk to others while in the [
3942 custody of the Division of Juvenile Justice Services;
3943 (b) the minor has previously been committed to a prison for adult offenders; or
3944 (c) housing the minor in a secure facility operated by the Division of Juvenile Justice
3945 Services would be contrary to the interests of justice.
3946 (4) (a) The Division of Juvenile Justice Services shall adopt procedures by rule,
3947 [
3948 regarding the transfer of a minor provisionally housed in a division facility under Subsection
3949 (2) to the custody of the Department of Corrections.
3950 (b) If, in accordance with [
3951 [
3952 facility presents an unreasonable risk to others or that it is not in the best interest of the minor,
3953 [
3954 the Department of Corrections.
3955 (5) (a) When a minor is committed to prison but ordered by a district court to be
3956 housed in a Division of Juvenile Justice Services facility under this section, the district court
3957 and the [
3958 Pardons and Parole so that the minor may be scheduled for a hearing according to board
3959 procedures.
3960 (b) If a minor who is provisionally housed in a [
3961 Services facility under this section has not been paroled or otherwise released from
3962 incarceration by the time the minor reaches 18 years [
3963 Juvenile Justice Services shall as soon as reasonably possible, but not later than when the
3964 minor reaches 18 years and 6 months [
3965 the Department of Corrections.
3966 (6) Upon the commitment of a minor to the custody of the Division of Juvenile Justice
3967 Services or the Department of Corrections under this section, the Board of Pardons and Parole
3968 has authority over the minor for purposes of parole, pardon, commutation, termination of
3969 sentence, remission of fines or forfeitures, orders of restitution, and all other purposes
3970 authorized by law.
3971 (7) The Youth Parole Authority may hold hearings, receive reports, or otherwise keep
3972 informed of the progress of a minor in the custody of the Division of Juvenile Justice Services
3973 under this section and may forward to the Board of Pardons and Parole any information or
3974 recommendations concerning the minor.
3975 (8) Commitment of a minor under this section is a prison commitment for all
3976 sentencing purposes.
3977 Section 61. Section 78A-6-1107 is amended to read:
3978 78A-6-1107. Transfer of continuing jurisdiction to other district.
3979 (1) [
3980
3981
3982 receiving court consents, or upon direction of the chair of the Board of Juvenile Court Judges.
3983 (2) The receiving court has the same powers with respect to the minor that it would
3984 have if the proceedings originated in that court.
3985 Section 62. Section 78A-6-1108 is amended to read:
3986 78A-6-1108. New hearings authorized -- Grounds and procedure.
3987 (1) A parent, guardian, [
3988 this chapter, [
3989 proceeding under this chapter[
3990 ground that new evidence [
3991 (a) was not known [
3992 (b) could not with due diligence have been made available at the original hearing; and
3993 [
3994 (c) might affect the decree[
3995 (2) If it appears to the court that there is new evidence [
3996 the court's decree, [
3997 disposition of the case warranted by all the facts and circumstances and the best interests of the
3998 minor.
3999 (3) This section does not apply to a minor's case handled under [
4000
4001 Section 63. Section 78A-7-106 is amended to read:
4002 78A-7-106. Jurisdiction.
4003 (1) [
4004 justice court has original jurisdiction over class B and C misdemeanors, violation of
4005 ordinances, and infractions committed within [
4006 [
4007 (2) [
4008
4009 exclusive jurisdiction under Subsection 78A-5-102(10) or 78A-6-103(3), a justice court has
4010 original jurisdiction over the following offenses committed within [
4011 territorial jurisdiction by [
4012 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
4013 Licensing Act; and
4014 (b) class B and C misdemeanor and infraction violations of:
4015 (i) Title 23, Wildlife Resources Code of Utah;
4016 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
4017 (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
4018 Under the Influence and Reckless Driving ;
4019 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
4020 Operators Act;
4021 (v) Title 41, Chapter 22, Off-Highway Vehicles;
4022 (vi) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
4023 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
4024 (viii) Title 73, Chapter 18b, Water Safety; and
4025 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
4026 Operators Act.
4027 [
4028
4029 [
4030 (a) conduct constituting an element of the offense or a result constituting an element of
4031 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
4032 itself unlawful;
4033 (b) either [
4034 located within the court's jurisdiction at the time the offense is committed;
4035 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
4036 within the court's jurisdiction;
4037 (d) [
4038 offense within the court's jurisdiction, including an agreement in a conspiracy;
4039 (e) [
4040 another [
4041 jurisdiction;
4042 (f) the investigation of the offense does not readily indicate in which court's
4043 jurisdiction the offense occurred, and:
4044 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
4045 passing within the court's jurisdiction;
4046 (ii) (A) the offense is committed on or in any body of water bordering on or within this
4047 state if the territorial limits of the justice court are adjacent to the body of water; and
4048 (B) as used in Subsection [
4049 lake, or reservoir, whether natural or man-made;
4050 (iii) [
4051 property within the court's jurisdiction; or
4052 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
4053 (g) the offense consists of an unlawful communication that was initiated or received
4054 within the court's jurisdiction; or
4055 (h) jurisdiction is otherwise specifically provided by law.
4056 [
4057 judge may transfer [
4058 court for further proceedings if the justice court judge determines and the juvenile court
4059 concurs that the best interests of the [
4060 jurisdiction of the juvenile court[
4061 [
4062 8, Small Claims Courts, if a defendant resides in or the debt arose within the territorial
4063 jurisdiction of the justice court.
4064 Section 64. Section 78B-6-105 is amended to read:
4065 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
4066 over nonresidents -- Time for filing.
4067 (1) Adoption proceedings shall be commenced by filing a petition with the clerk of the
4068 district court either:
4069 (a) in the district where the prospective adoptive parent resides;
4070 (b) if the prospective adoptive parent is not a resident of this state, in the district where:
4071 (i) the adoptee was born;
4072 (ii) the adoptee resides on the day on which the petition is filed; or
4073 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
4074 or
4075 (c) with the juvenile court as provided in Subsection 78A-6-103[
4076 (2) All orders, decrees, agreements, and notices in the proceedings shall be filed with
4077 the clerk of the court where the adoption proceedings were commenced under Subsection (1).
4078 (3) A petition for adoption:
4079 (a) may be filed before the birth of a child;
4080 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
4081 the purpose of adoption; and
4082 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
4083 the home of the petitioners for the purpose of adoption, unless:
4084 (i) the time for filing has been extended by the court; or
4085 (ii) the adoption is arranged by a child-placing agency in which case the agency may
4086 extend the filing time.
4087 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
4088 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
4089 shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
4090 provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
4091 (b) The notice may not include the name of:
4092 (i) a prospective adoptive parent; or
4093 (ii) an unmarried mother without her consent.
4094 (5) Service of notice as provided in Subsection (6) shall vest the court with jurisdiction
4095 over the person served in the same manner and to the same extent as if the person served was
4096 served personally within the state.
4097 (6) In the case of service outside the state, service completed not less than five days
4098 before the time set in the notice for appearance of the person served shall be sufficient to confer
4099 jurisdiction.
4100 (7) Computation of periods of time not otherwise set forth in this section shall be made
4101 in accordance with the Utah Rules of Civil Procedure.
4102 Section 65. Repealer.
4103 This bill repeals:
4104 Section 78A-6-701, Jurisdiction of district court.
4105 Section 78A-6-702, Serious youth offender -- Procedure.
4106 Section 78A-6-703, Certification hearings -- Juvenile court to hold preliminary
4107 hearing -- Factors considered by juvenile court for waiver of jurisdiction to district court.
4108 Section 66. Effective date.
4109 (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2020.
4110 (2) The actions affecting Section 76-10-105 (Effective 07/01/20) take effect on July 1,
4111 2020.
4112 Section 67. Coordinating H.B. 384 with H.B. 262 -- Substantive and technical
4113 amendments -- Omitting substantive changes.
4114 If this H.B. 384 and H.B. 262, Juvenile Delinquency Amendments, both pass and
4115 become law, it is the intent of the Legislature that the Office of Legislative Research and
4116 General Counsel shall prepare the Utah Code database for publication as follows:
4117 (1) by amending Subsection 76-10-105(2) (Superseded 07/01/20) to read:
4118 "(2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
4119 person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
4120 to [
4121 Section 78A-6-603, unless the violation is committed on school property under Section
4122 53G-8-211. If a violation under this section is adjudicated under Section 78A-6-117, the minor
4123 may be subject to the following:
4124 (a) a fine or penalty, in accordance with Section 78A-6-117; and
4125 (b) participation in a court-approved tobacco education program, which may include a
4126 participation fee.";
4127 (2) by amending Subsection 76-10-105(2) (Effective 07/01/20) to read:
4128 "(2) (a) An individual under the age of 18 who buys or attempts to buy, accepts, or has
4129 in the individual's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is
4130 subject to [
4131 under Section 78A-6-603, unless the violation is committed on school property under Section
4132 53G-8-211.
4133 (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
4134 may be subject to the following:
4135 [
4136 [
4137 include a participation fee.";
4138 (3) by making the amendments to Section 78A-6-105 in this bill supersede the
4139 amendments to Section 78A-6-105 in H.B. 262;
4140 (4) by making the amendments to Section 78A-6-116 in this bill supersede the
4141 amendments to Section 78A-6-116 in H.B. 262;
4142 (5) by changing the reference in Subsection 78A-6-117(2)(j)(viii) from Section
4143 "78A-6-602" to Section "78A-6-602.5";
4144 (6) by amending Section 78A-6-601 to read:
4145 "78A-6-601. Criminal proceedings involving minors -- Transfer to juvenile court
4146 -- Exceptions.
4147 [
4148
4149
4150
4151
4152
4153 (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
4154 justice court determines that an individual being charged is under 21 years old and was younger
4155 than 18 years old at the time of committing the alleged offense, the district court or justice
4156 court shall transfer the case to the juvenile court with all the papers, documents, and transcripts
4157 of any testimony.
4158 (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
4159 that is:
4160 (A) filed in the district court in accordance with Section 78A-6-703.2; or
4161 (B) transferred to the district court in accordance with Section 78A-6-703.5.
4162 (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
4163 offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
4164 (2) (a) [
4165 making the transfer shall:
4166 (i) order the [
4167 place of detention designated by the juvenile court[
4168 (ii) release [
4169 guardian, or other person legally responsible for [
4170 juvenile court at a time designated by [
4171 (b) If the alleged offense under Subsection (1) occurred before the individual was 12
4172 years old:
4173 (i) the district court or justice court making the transfer shall release the individual to
4174 the custody of the individual's parent or guardian, or other person legally responsible for the
4175 individual;
4176 (ii) the juvenile court shall treat the transfer as a referral under Subsection
4177 78A-6-602(3); and
4178 (iii) the juvenile court's probation department shall make a preliminary inquiry to
4179 determine whether the individual is eligible for a nonjudicial adjustment in accordance with
4180 Section 78A-6-602.
4181 (c) If the case is transferred to the juvenile court under this section, the juvenile court
4182 shall [
4183 (3) A district court or justice court does not have to transfer a case under Subsection
4184 (1) if the district court or justice court would have had jurisdiction over the case at the time the
4185 individual committed the offense in accordance with Subsections 78A-6-102(9) and
4186 78A-7-106(2).";
4187 (7) by amending Section 78A-6-602 to read:
4188 "78A-6-602. Referrals -- Nonjudicial adjustments.
4189 [
4190
4191 (1) As used in this section, "referral" means a formal referral, a referral to the court
4192 under Section 53G-8-211 or Subsection 78A-6-601(2)(b), or a citation issued to a minor for
4193 which the court receives notice under Section 78A-6-603.
4194 (2) (a) A peace officer, or a public official of the state, a county, city, or town charged
4195 with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral
4196 with the [
4197 (b) If the arrested minor is taken to a detention facility, [
4198
4199 within [
4200
4201
4202 [
4203
4204
4205
4206
4207 (c) A peace officer, public official, school district, or school may only make a referral
4208 to the court under Section 53G-8-211 for an offense that is subject to referral under Section
4209 53G-8-211.
4210 (3) If the court receives a referral for a minor who is, or appears to be, within the
4211 court's jurisdiction, the court's probation department shall make a preliminary inquiry in
4212 accordance with Subsections (5), (6), and (7) to determine whether the minor is eligible to enter
4213 into a nonjudicial adjustment.
4214 (4) If a minor is referred to the court for multiple offenses arising from a single
4215 criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the
4216 court's probation department shall offer the minor one nonjudicial adjustment for all offenses
4217 arising from the single criminal episode.
4218 (5) (a) The court's probation department may:
4219 (i) conduct a validated risk and needs assessment; and
4220 (ii) request that a prosecuting attorney review a referral in accordance with Subsection
4221 (11) if:
4222 (A) the results of the validated risk and needs assessment indicate the minor is high
4223 risk; or
4224 (B) the results of the validated risk and needs assessment indicate the minor is
4225 moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
4226 Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
4227 (b) If a minor violates Section 41-6a-502, the minor shall:
4228 (i) undergo a drug and alcohol screening;
4229 (ii) if found appropriate by the screening, participate in an assessment; and
4230 (iii) if warranted by the screening and assessment, follow the recommendations of the
4231 assessment.
4232 (6) Except as provided in Subsection (7)(b), the probation department shall request that
4233 a prosecuting attorney review a referral in accordance with Subsection (11) if:
4234 (a) the referral involves:
4235 (i) a felony offense; or
4236 (ii) a violation of:
4237 (A) Section 41-6a-502, driving under the influence;
4238 (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
4239 serious bodily injury;
4240 (C) Section 76-5-206, negligent homicide;
4241 (D) Section 76-9-702.1, sexual battery;
4242 (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
4243 shotgun on or about school premises; or
4244 (F) Section 76-10-509, possession of a dangerous weapon by minor, but only if the
4245 dangerous weapon is a firearm;
4246 (b) the minor has a current suspended order for custody under Subsection
4247 78A-6-117(5)(a); or
4248 (c) the referral involves an offense alleged to have occurred before an individual was
4249 12 years old and the offense is a felony violation of:
4250 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
4251 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
4252 (iii) Section 76-5-203, murder or attempted murder;
4253 (iv) Section 76-5-302, aggravated kidnapping;
4254 (v) Section 76-5-405, aggravated sexual assault;
4255 (vi) Section 76-6-103, aggravated arson;
4256 (vii) Section 76-6-203, aggravated burglary;
4257 (viii) Section 76-6-302, aggravated robbery; or
4258 (ix) Section 76-10-508.1, felony discharge of a firearm.
4259 [
4260 court's probation department shall offer a nonjudicial adjustment to a minor if the minor:
4261 [
4262 offense;
4263 [
4264 [
4265 (b) If the court receives a referral for an offense that is alleged to have occurred before
4266 an individual was 12 years old, the court's probation department shall offer a nonjudicial
4267 adjustment to the individual, unless the referral includes an offense described in Subsection
4268 (6)(c).
4269 (c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
4270 under this Subsection (7), the court's probation department shall treat all offenses arising out of
4271 a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial
4272 adjustment.
4273 (ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
4274 this Subsection (7), the court's probation department shall treat all offenses arising out of a
4275 single criminal episode that resulted in one or more prior adjudications as a single adjudication.
4276 [
4277
4278
4279 [
4280
4281
4282
4283 [
4284 [
4285
4286 [
4287
4288
4289 [
4290 [
4291
4292
4293 [
4294
4295
4296
4297 [
4298 [
4299
4300
4301 [
4302 may offer a nonjudicial adjustment to [
4303 provided in Subsection [
4304 [
4305
4306 (8) For a nonjudicial adjustment, the court's probation department may require a minor
4307 to:
4308 (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
4309 terms established under Subsection (10)(c);
4310 (b) pay restitution to any victim;
4311 (c) complete community or compensatory service;
4312 (d) attend counseling or treatment with an appropriate provider;
4313 (e) attend substantive abuse treatment or counseling;
4314 (f) comply with specified restrictions on activities or associations;
4315 (g) attend victim-offender mediation if requested by the victim; and
4316 (h) comply with any other reasonable action that is in the interest of the minor, the
4317 community, or the victim.
4318 (9) (a) Within seven days of receiving a referral that appears to be eligible for a
4319 nonjudicial adjustment in accordance with Subsection (7), the court's probation department
4320 shall provide an initial notice to reasonably identifiable and locatable victims of the offense
4321 contained in the referral.
4322 (b) The victim shall be responsible to provide to the probation department upon
4323 request:
4324 (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
4325 out-of-pocket loss;
4326 (ii) documentation and evidence of compensation or reimbursement from an insurance
4327 company or an agency of the state, any other state, or the federal government received as a
4328 direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
4329 (iii) proof of identification, including home and work address and telephone numbers.
4330 (c) The inability, failure, or refusal of the victim to provide all or part of the requested
4331 information shall result in the probation department determining restitution based on the best
4332 information available.
4333 (10) (a) The court's probation department may not predicate acceptance of an offer of a
4334 nonjudicial adjustment on an admission of guilt.
4335 [
4336 a minor an offer of nonjudicial adjustment due to [
4337 penalty under Subsection [
4338 (c) The court's probation department shall base a fee, fine, or the restitution for a
4339 nonjudicial adjustment under Subsection (8) upon the ability of the minor's family to pay as
4340 determined by a statewide sliding scale developed in accordance with Section 63M-7-208 on or
4341 after July 1, 2018.
4342 [
4343 more than 90 days [
4344 juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
4345 (e) (i) Notwithstanding Subsection (10)(d), a juvenile court judge may extend a
4346 nonjudicial adjustment beyond the 180 days permitted under Subsection (10)(d) for a minor
4347 who is offered a nonjudicial adjustment under Subsection (7)(b) for a sexual offense under
4348 Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (11)(b)(ii) for a
4349 sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed
4350 before the minor was 12 years old, if the judge determines that:
4351 (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
4352 (B) the treatment cannot be completed within 180 days after the day on which the
4353 minor entered into the nonjudicial adjustment; and
4354 (C) the treatment is necessary based on a clinical assessment that is developmentally
4355 appropriate for the minor.
4356 (ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
4357 (10)(e)(i), the judge may extend the nonjudicial adjustment until the minor completes the
4358 treatment under this Subsection (10)(e), but the judge may only grant each extension for 90
4359 days at a time.
4360 (f) If a minor violates Section 76-10-105, the minor may be required to pay a fine or
4361 penalty and participate in a court-approved tobacco education program with a participation fee.
4362 [
4363 [
4364
4365 [
4366 [
4367
4368 [
4369
4370
4371 [
4372 [
4373
4374 [
4375
4376 [
4377 [
4378 [
4379 [
4380 [
4381 [
4382 [
4383
4384 [
4385
4386
4387
4388 [
4389
4390 with Subsection (5) or (6), a minor fails to substantially comply with [
4391 condition agreed upon as part of the nonjudicial [
4392 offered or declines a nonjudicial adjustment [
4393
4394 accordance with Subsection (7), the prosecuting attorney shall:
4395 (a) review the case; and
4396 (b) (i) dismiss the case;
4397 (ii) refer the case back to the probation department for a new attempt at nonjudicial
4398 adjustment; or
4399 (iii) [
4400 78A-6-602.5(2), file a petition with the court.
4401 [
4402 (12) (a) A prosecuting attorney may file a petition only upon reasonable belief that:
4403 (i) the charges are supported by probable cause;
4404 (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
4405 doubt; and
4406 (iii) the decision to charge is in the interests of justice.
4407 [
4408 under Subsection [
4409 conditions agreed upon in accordance with Subsection [
4410 imposed through any other court diversion program.
4411 [
4412
4413
4414 [
4415
4416 [
4417 [
4418 [
4419
4420 [
4421 [
4422 [
4423
4424 [
4425
4426 [
4427
4428 (13) A prosecuting attorney may not file a petition against a minor unless:
4429 (a) the prosecuting attorney has statutory authority to file the petition under Section
4430 78A-6-602.5; and
4431 (b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection (7);
4432 (ii) the minor declines a nonjudicial adjustment;
4433 (iii) the minor fails to substantially comply with the conditions agreed upon as part of
4434 the nonjudicial adjustment;
4435 (iv) the minor fails to respond to the probation department's inquiry regarding
4436 eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
4437 preliminary inquiry; or
4438 (v) the prosecuting attorney is acting under Subsection (11).
4439 [
4440 proceeding is commenced against a minor under Section 78A-6-603, the court may refer the
4441 case to the probation department for another offer of nonjudicial adjustment.
4442 [
4443
4444
4445
4446 [
4447
4448
4449
4450 [
4451
4452
4453
4454
4455
4456 [
4457
4458 (8) by deleting Subsection 78A-6-602.5(3) enacted by H.B. 262; and
4459 (9) by making the amendments to Section 78A-6-603 in H.B. 262 supersede the
4460 amendments to Section 78A-6-603 in this bill.
4461 Section 68. Coordinating H.B. 384 with H.B. 291 -- Substantive and technical
4462 amendments.
4463 If this H.B. 384 and H.B. 291, Human Trafficking Amendments, both pass and become
4464 law, it is the intent of the Legislature that the amendments to Section 76-10-1302 in H.B. 291
4465 supersede the amendments to Section 76-10-1302 in this bill when the Office of Legislative
4466 Research and General Counsel prepares the Utah Code database for publication.