H.B. 137 Enrolled

YOUTH CORRECTIONS AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Steve Barth
AN ACT RELATING TO HUMAN SERVICES; AMENDING THE YOUTH CORRECTIONS
CHAPTER; ADDING DEFINITIONS; PROVIDING FOR THE ESTABLISHMENT OF
RECEIVING CENTERS; CLARIFYING THE AUTHORITY FOR YOUTH
CORRECTIONS EMPLOYEES TO APPREHEND YOUTHS WHO LEAVE
FACILITIES WITHOUT AUTHORIZATION; AND MAKING TECHNICAL
CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-7-101, as last amended by Chapter 1, Laws of Utah 1996
62A-7-104, as last amended by Chapter 1, Laws of Utah 1996
62A-7-117, as last amended by Chapter 4, Laws of Utah 1993, Second Special Session
62A-7-202, as enacted by Chapter 1, Laws of Utah 1988
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-7-101 is amended to read:
62A-7-101. Definitions.
As used in this chapter:
(1) "Alternatives to secure detention" means a nonsecure, nonresidential, or residential
program designated to provide intensive supervision in the community, rehabilitation services, or
work programs for youth who are diverted from detention. Designated alternatives include home
detention, day/night reporting centers, electronic monitoring, and contempt programs.
[(1)] (2) "Authority" means the Youth Parole Authority, established in accordance with
Section 62A-7-109.
[(2)] (3) "Board" means the Board of Youth Corrections established in accordance with
Section 62A-1-105.
[(3)] (4) "Community-based program" means a nonsecure residential or nonresidential

program designated to supervise and rehabilitate youth offenders in the least restrictive setting,
consistent with public safety, and designated or operated by or under contract with the division.
(5) "Control" means the authority to detain, restrict, and supervise a youth in a manner
consistent with public safety and the well being of the youth and division employees.
[(4)] (6) "Court" means the juvenile court.
(7) "Day/Night Reporting Center" means a nonsecure, nonresidential or residential program
designated to provide supervision for youth who may otherwise be held in a more restrictive setting.
[(5)] (8) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
committed by an adult.
[(6)] (9) "Detention" means secure detention or home detention.
[(7)] (10) "Detention center" means a facility established in accordance with Part 2 of this
chapter.
[(8)] (11) "Director" means the director of the Division of Youth Corrections.
[(9)] (12) "Discharge" means a written order of the division that removes a youth offender
from its jurisdiction.
[(10)] (13) "Division" means the Division of Youth Corrections.
(14) "Electronic monitoring" means a method of supervision of youth in the community, in
nonsecure placements, by way of electronic surveillance that provides 24-hour information and
immediate reports of violations.
[(11)] (15) "Guidelines" means the written statewide rules for admission to secure detention
and home detention promulgated by the division in accordance with Sections 63-46a-4 and 63-46a-6.
[(12)] (16) "Home detention" means predispositional placement of a child in the child's
home or a surrogate home with the consent of the child's parent, guardian, or custodian for conduct
by a child who is alleged to have committed a delinquent act or postdispositional placement pursuant
to Subsection [78-3a-516] 78-3a-118(2)(f) or 78-3a-901(3).
(17) "Juvenile Receiving Center" means a nonsecure, nonresidential program established
by the division that is responsible for juveniles taken into custody by law enforcement for status
offenses or delinquent acts, but who do not meet the criteria for admission to secure detention or

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shelter.
[(13)] (18) "Observation and assessment program" means a service program operated or
purchased by the division, that is responsible for temporary custody of youth offenders for
observation.
[(14)] (19) "Parole" means a conditional release of a youth offender from residency in a
secure facility to live outside that facility under the supervision of the Division of Youth Corrections
or other person designated by the division.
[(15)] (20) "Rescission" means a written order of the Youth Parole Authority that rescinds
a parole date.
[(16)] (21) "Revocation of parole" means a written order of the Youth Parole Authority that
terminates parole supervision of a youth offender and directs return of the youth offender to the
custody of a secure facility because of a violation of the conditions of parole.
[(17)] (22) "Secure detention" means predisposition placement in a facility operated by or
under contract with the division, for conduct by a child who is alleged to have committed a
delinquent act.
[(18)] (23) "Secure facility" means any facility operated by or under contract with the
division, that provides 24-hour supervision and confinement for youth offenders committed to the
division for custody and rehabilitation.
[(19)] (24) "Shelter" means the temporary care of children in physically unrestricted
facilities pending court disposition or transfer to another jurisdiction.
(25) "Temporary custody" means control and responsibility of nonadjudicated youth until
the youth can be released to the parent, guardian, a responsible adult, or to an appropriate agency.
[(20)] (26) "Termination" means a written order of the Youth Parole Authority that
terminates a youth offender from parole.
[(21)] (27) "Work program" means a public or private service work project established and
administered by the division for youth offenders for the purpose of rehabilitation, education, and
restitution to victims.
[(22)] (28) "Youth offender" means a person [over] 12 years of age [and under 21 years of

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age,] or older, and who has not reached 21 years of age, committed or admitted by the juvenile court
to the custody, care, and jurisdiction of the division, for confinement in a secure facility or
supervision in the community, following adjudication for a delinquent act which would constitute
a felony or misdemeanor if committed by an adult.
Section 2. Section 62A-7-104 is amended to read:
62A-7-104. Division responsibilities.
(1) The division is responsible for all youth offenders committed to it by juvenile courts for
secure confinement or supervision and treatment in the community.
(2) The division shall establish and maintain all detention and secure facilities and set
minimum standards for those facilities.
(3) (a) The division shall, in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, promulgate written statewide rules as guidelines for admission to secure detention
and home detention.
(b) The division shall implement those rules as guidelines and provide training regarding
the implementation of those guidelines to law enforcement agencies, division employees, juvenile
court employees, and to other affected agencies and individuals upon their request.
(4) The division shall establish and administer a continuum of community, secure, and
nonsecure programs for all youth offenders committed to the division.
(5) The division shall establish and administer Juvenile Receiving Centers and other
programs to provide temporary custody, care, and control for nonadjudicated youth placed with the
division.
[(5)] (6) The division shall place youth offenders committed to it in the most appropriate
program for supervision and treatment.
[(6)] (7) The division shall establish and maintain all secure residential facilities.
[(7)] (8) In any order committing a youth offender to the division, the juvenile court shall
specify whether the youth offender is being committed for secure confinement or placement in a
community-based program. The division shall place the youth offender in the most appropriate
program within the category specified by the court.

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[(8)] (9) The division shall employ staff necessary to:
(a) supervise and control youth offenders in [detention] secure facilities or [on parole, and
to] in the community;
(b) supervise and coordinate treatment of youth offenders committed to the division for
placement in community-based programs; and
(c) control and supervise nonadjudicated youth placed with the division for temporary
services in receiving centers and other programs established by the division.
[(9)] (10) The division shall establish observation and assessment programs necessary to
serve youth offenders committed by the juvenile court for short-term observation under Subsection
[78-3a-516] 78-3a-118(2)(e). Whenever possible, those programs shall be conducted in settings
separate and distinct from secure facilities for youth offenders.
(11) Youth in the custody or temporary custody of the division are controlled or detained
in a manner consistent with public safety and rules promulgated by the division. In the event of an
unauthorized leave from a secure facility, detention center, community-based program, receiving
center, home, or any other designated placement, division employees have the authority and duty
to locate and apprehend the youth, or to initiate action with local law enforcement agencies for
assistance.
[(10)] (12) The director of the division shall appoint regional [administrators] directors
within the various juvenile court districts. Regional [administrators] directors shall administer
community-based programs [and], secure facilities, other division programs, and shall have
experience in corrections, behavioral sciences, law, criminology, or related fields, and in
administration.
[(11)] (13) The division shall establish and operate work programs designed to place youth
offenders in public or private service work projects for the purpose of rehabilitation, education, and
restitution to victims.
[(12)] (14) The division may establish and operate work programs for youth offenders
committed to the division by the juvenile court. The work program shall:
(a) provide labor to help in the operation, repair, and maintenance of public facilities, parks,

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highways, and other programs designated by the division;
(b) provide educational and prevocational programs in cooperation with the State Board of
Education for youth offenders placed in the program; and
(c) provide counseling to youth offenders.
[(13)] (15) The division shall establish minimum standards for the operation of all private
residential and nonresidential rehabilitation facilities which provide services to juveniles who have
committed a delinquent act, in this state or in any other state.
[(14)] (16) In accordance with policies established by the board, the division shall provide
regular training for staff of secure facilities, detention staff, case management staff, and staff of the
community-based programs.
Section 3. Section 62A-7-117 is amended to read:
62A-7-117. Case management staff.
(1) The division shall provide a sufficient number of case management staff to provide care,
treatment, and supervision for youth offenders on parole and for youth offenders committed to the
division by the juvenile courts for community-based programs.
(2) Case management staff shall develop treatment programs for each youth offender in the
community, provide appropriate services, and monitor individual progress. Progress reports shall
be filed every three months with the juvenile court for each youth offender committed to the division
for community-based programs and with the authority for each parolee. The authority, in the case
of parolees, or the juvenile court, in the case of youth committed to the division for placement in
community programs, shall be immediately notified, in writing, of any violation of law or of
conditions of parole or placement.
(3) Case management staff shall conduct investigations and make reports requested by the
courts to aid them in determining appropriate case dispositions. Case management staff shall also
conduct investigations and make reports requested by the authority to aid it in making appropriate
dispositions in cases of parole, revocation, and termination. [Upon notification of an escape from
a secure facility, the case management staff shall initiate action to locate and apprehend escapees.]
Section 4. Section 62A-7-202 is amended to read:

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62A-7-202. Location of detention facilities and services -- Local detention advisory
boards.
The division shall provide detention facilities and services in each county, or group of
counties, as the population demands, in accordance with the provisions of this chapter. [The division
shall establish local detention advisory boards, composed of at least one county commissioner and
three or more citizens with broad child welfare interests.]

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