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H.B. 137

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YOUTH CORRECTIONS AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Steve Barth

5    AN ACT RELATING TO HUMAN SERVICES; AMENDING THE YOUTH CORRECTIONS
6    CHAPTER; ADDING DEFINITIONS; PROVIDING FOR THE ESTABLISHMENT OF
7    RECEIVING CENTERS; CLARIFYING THE AUTHORITY FOR YOUTH CORRECTIONS
8    EMPLOYEES TO APPREHEND YOUTHS WHO LEAVE FACILITIES WITHOUT
9    AUTHORIZATION; AND MAKING TECHNICAL CORRECTIONS.
10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
12         62A-7-101, as last amended by Chapter 1, Laws of Utah 1996
13         62A-7-104, as last amended by Chapter 1, Laws of Utah 1996
14         62A-7-117, as last amended by Chapter 4, Laws of Utah 1993, Second Special Session
15         62A-7-202, as enacted by Chapter 1, Laws of Utah 1988
16    Be it enacted by the Legislature of the state of Utah:
17        Section 1. Section 62A-7-101 is amended to read:
18         62A-7-101. Definitions.
19        As used in this chapter:
20        (1) "Alternatives to secure detention" means a nonsecure, nonresidential, or residential
21    program designated to provide intensive supervision in the community, rehabilitation services, or
22    work programs for youth who are diverted from detention. Designated alternatives include home
23    detention, day/night reporting centers, electronic monitoring, and contempt programs.
24        [(1)] (2) "Authority" means the Youth Parole Authority, established in accordance with
25    Section 62A-7-109.
26        [(2)] (3) "Board" means the Board of Youth Corrections established in accordance with
27    Section 62A-1-105.


1        [(3)] (4) "Community-based program" means a nonsecure residential or nonresidential
2    program designated to supervise and rehabilitate youth offenders in the least restrictive setting,
3    consistent with public safety, and designated or operated by or under contract with the division.
4         h [(5) " Contempt work program" means a work program or camp used as an alternative to
5    secure detention for youth committed for a time period of up to 30 days.
6        (6)
] (5) h
"Control" means the authority to detain, restrict, and supervise a youth in a
6a    manner
7    consistent with public safety and the well being of the youth and division employees.
8        [(4)] h [ (7) ] (6) h "Court" means the juvenile court.
9         h [(8) ] (7) h "Day/Night Reporting Center" means a nonsecure h , h nonresidential or
9a    residential program
10    designated to provide supervision for youth who may otherwise be held in a more restrictive
11    setting.
12        [(5)] h [(9) ] (8) h "Delinquent act" is an act which would constitute a felony or a
12a    misdemeanor if
13    committed by an adult.
14        [(6)] h [(10) ] (9) h "Detention" means secure detention or home detention.
15        [(7)] h [(11) ] (10) h "Detention center" means a facility established in accordance with
15a    Part 2 of this
16    chapter.
17        [(8)] h [(12) ] (11) h "Director" means the director of the Division of Youth Corrections.
18        [(9)] h [(13) ] (12) h "Discharge" means a written order of the division that removes a
18a    youth offender
19    from its jurisdiction.
20        [(10)] h [(14) ] (13) h "Division" means the Division of Youth Corrections.
21         h [(15) ] (14) h "Electronic monitoring" means a method of supervision of youth in the
21a    community,
22    in nonsecure placements, by way of electronic surveillance that provides 24-hour information and
23    immediate reports of violations.
24        [(11)] h [(16) ] (15) h "Guidelines" means the written statewide rules for admission to
24a    secure
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25    detention and home detention promulgated by the division in accordance with Sections 63-46a-4
26    and 63-46a-6.
27        [(12)] h [(17) ] (16) h "Home detention" means predispositional placement of a child in the
27a    child's
28    home or a surrogate home with the consent of the child's parent, guardian, or custodian for conduct
29    by a child who is alleged to have committed a delinquent act or postdispositional placement
30    pursuant to Subsection 78-3a-516(2)(f) or 78-3a-901(3).
31         h [(18) ] (17) h "Juvenile Receiving Center" means a nonsecure, nonresidential program
31a    established




















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1    by the division that is responsible for juveniles taken into custody by law enforcement for status
2    offenses or delinquent acts, but who do not meet the criteria for admission to secure detention h OR
2a     SHELTER h .
3        [(13)] h [ (19) ] (18) h "Observation and assessment program" means a service program
3a     operated or
4    purchased by the division, that is responsible for temporary custody of youth offenders for
5    observation.
6        [(14)] h [ (20) ] (19) h "Parole" means a conditional release of a youth offender from
6a     residency in a
7    secure facility to live outside that facility under the supervision of the Division of Youth
8    Corrections or other person designated by the division.
9        [(15)] h [ (21) ] (20) h "Rescission" means a written order of the Youth Parole Authority
9a     that rescinds
10    a parole date.
11        [(16)] h [ (22) ] (21) h "Revocation of parole" means a written order of the Youth Parole
11a     Authority
12    that terminates parole supervision of a youth offender and directs return of the youth offender to
13    the custody of a secure facility because of a violation of the conditions of parole.
14        [(17)] h [(23) ] (22) h "Secure detention" means predisposition placement in a facility
14a     operated by
15    or under contract with the division, for conduct by a child who is alleged to have committed a
16    delinquent act.
17        [(18)] h [ (24) ] (23) h "Secure facility" means any facility operated by or under contract
17a     with the
18    division, that provides 24-hour supervision and confinement for youth offenders committed to the
19    division for custody and rehabilitation.
20        [(19)] h [ (25) ] (24) h "Shelter" means the temporary care of children in physically
20a     unrestricted
21    facilities pending court disposition or transfer to another jurisdiction.
22         h [(26) ] (25) h "Temporary custody" means control and responsibility of nonadjudicated
22a     youth until
23    the youth can be released to the parent, guardian, a responsible adult, or to an appropriate agency.
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24        [(20)] h [ (27) ] (26) h "Termination" means a written order of the Youth Parole Authority
24a     that
25    terminates a youth offender from parole.
26        [(21)] h [(28) ] (27) h "Work program" means a public or private service work project
26a     established and
27    administered by the division for youth offenders for the purpose of rehabilitation, education, and
28    restitution to victims.
29        [(22)] h [ (29) ] (28) h "Youth offender" means a person [over] 12 years of age [and under
29a     21 years
30    of age,] or older h , AND WHO HAS NOT REACHED 21 YEARS OF AGE, h committed or admitted by
30a    the juvenile court to the custody, care, and jurisdiction
31    of the division, for confinement in a secure facility or supervision in the community, following


















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1    adjudication for a delinquent act which would constitute a felony or misdemeanor if committed
2    by an adult.
3        Section 2. Section 62A-7-104 is amended to read:
4         62A-7-104. Division responsibilities.
5        (1) The division is responsible for all youth offenders committed to it by juvenile courts
6    for secure confinement or supervision and treatment in the community.
7        (2) The division shall establish and maintain all detention and secure facilities and set
8    minimum standards for those facilities.
9        (3) (a) The division shall, in accordance with Title 63, Chapter 46a, Utah Administrative
10    Rulemaking Act, promulgate written statewide rules as guidelines for admission to secure
11    detention and home detention.
12        (b) The division shall implement those rules as guidelines and provide training regarding
13    the implementation of those guidelines to law enforcement agencies, division employees, juvenile
14    court employees, and to other affected agencies and individuals upon their request.
15        (4) The division shall establish and administer a continuum of community, secure, and
16    nonsecure programs for all youth offenders committed to the division.
17        (5) The division shall establish and administer Juvenile Receiving Centers and other
18    programs to provide temporary custody, care, and control for nonadjudicated youth placed with
19    the division.
20        [(5)] (6) The division shall place youth offenders committed to it in the most appropriate
21    program for supervision and treatment.
22        [(6)] (7) The division shall establish and maintain all secure residential facilities.
23        [(7)] (8) In any order committing a youth offender to the division, the juvenile court shall
24    specify whether the youth offender is being committed for secure confinement or placement in a
25    community-based program. The division shall place the youth offender in the most appropriate
26    program within the category specified by the court.
27        [(8)] (9) The division shall employ staff necessary to:
28        (a) supervise and control youth offenders in [detention] secure facilities or [on parole, and
29    to] in the community;
30        (b) supervise and coordinate treatment of youth offenders committed to the division for
31    placement in community-based programs; and

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1        (c) control and supervise nonadjudicated youth placed with the division for temporary
2    services in receiving centers and other programs established by the division.
3        [(9)] (10) The division shall establish observation and assessment programs necessary to
4    serve youth offenders committed by the juvenile court for short-term observation under Subsection
5    78-3a-516(2)(e). Whenever possible, those programs shall be conducted in settings separate and
6    distinct from secure facilities for youth offenders.
7        (11) Youth in the custody or temporary custody of the division are controlled or detained
8    in a manner consistent with public safety and rules promulgated by the division. In the event of
9    an unauthorized leave from a secure facility, detention center, community-based program,
10    receiving center, home, or any other designated placement, division employees have the authority
10a     h AND DUTY h
11    to locate and apprehend the youth, or to initiate action with local law enforcement agencies for
12    assistance.
13        [(10)] (12) The director of the division shall appoint regional [administrators] directors
14    within the various juvenile court districts. Regional [administrators] directors shall administer
15    community-based programs [and], secure facilities, other division programs, and shall have
16    experience in corrections, behavioral sciences, law, criminology, or related fields, and in
17    administration.
18        [(11)] (13) The division shall establish and operate work programs designed to place youth
19    offenders in public or private service work projects for the purpose of rehabilitation, education,
20    and restitution to victims.
21        [(12)] (14) The division may establish and operate work programs for youth offenders
22    committed to the division by the juvenile court. The work program shall:
23        (a) provide labor to help in the operation, repair, and maintenance of public facilities,
24    parks, highways, and other programs designated by the division;
25        (b) provide educational and prevocational programs in cooperation with the State Board
26    of Education for youth offenders placed in the program; and
27        (c) provide counseling to youth offenders.
28        [(13)] (15) The division shall establish minimum standards for the operation of all private
29    residential and nonresidential rehabilitation facilities which provide services to juveniles who have
30    committed a delinquent act, in this state or in any other state.
31        [(14)] (16) In accordance with policies established by the board, the division shall provide

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1    regular training for staff of secure facilities, detention staff, case management staff, and staff of
2    the community-based programs.
3        Section 3. Section 62A-7-117 is amended to read:
4         62A-7-117. Case management staff.
5        (1) The division shall provide a sufficient number of case management staff to provide
6    care, treatment, and supervision for youth offenders on parole and for youth offenders committed
7    to the division by the juvenile courts for community-based programs.
8        (2) Case management staff shall develop treatment programs for each youth offender in
9    the community, provide appropriate services, and monitor individual progress. Progress reports
10    shall be filed every three months with the juvenile court for each youth offender committed to the
11    division for community-based programs and with the authority for each parolee. The authority,
12    in the case of parolees, or the juvenile court, in case of youth committed to the division for
13    placement in community programs, shall be immediately notified, in writing, of any violation of
14    law or of conditions of parole or placement.
15        (3) Case management staff shall conduct investigations and make reports requested by the
16    courts to aid them in determining appropriate case dispositions. Case management staff shall also
17    conduct investigations and make reports requested by the authority to aid it in making appropriate
18    dispositions in cases of parole, revocation, and termination. [Upon notification of an escape from
19    a secure facility, the case management staff shall initiate action to locate and apprehend escapees.]
20        Section 4. Section 62A-7-202 is amended to read:
21         62A-7-202. Location of detention facilities and services -- Local detention advisory
22     boards.
23        The division shall provide detention facilities and services in each county, or group of
24    counties, as the population demands, in accordance with the provisions of this chapter. [The
25    division shall establish local detention advisory boards, composed of at least one county
26    commissioner and three or more citizens with broad child welfare interests.]


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Legislative Review Note
    as of 1-28-97 4:11 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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