H.B. 137

1

YOUTH CORRECTIONS AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 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 (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) "Control" means the authority to detain, restrict, and supervise a youth in a manner
7 consistent with public safety and the well being of the youth and division employees.
8 [(4)] (7) "Court" means the juvenile court.
9 (8) "Day/Night Reporting Center" means a nonsecure nonresidential or residential program
10 designated to provide supervision for youth who may otherwise be held in a more restrictive
11 setting.
12 [(5)] (9) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
13 committed by an adult.
14 [(6)] (10) "Detention" means secure detention or home detention.
15 [(7)] (11) "Detention center" means a facility established in accordance with Part 2 of this
16 chapter.
17 [(8)] (12) "Director" means the director of the Division of Youth Corrections.
18 [(9)] (13) "Discharge" means a written order of the division that removes a youth offender
19 from its jurisdiction.
20 [(10)] (14) "Division" means the Division of Youth Corrections.
21 (15) "Electronic monitoring" means a method of supervision of youth in the community,
22 in nonsecure placements, by way of electronic surveillance that provides 24-hour information and
23 immediate reports of violations.
24 [(11)] (16) "Guidelines" means the written statewide rules for admission to secure
25 detention and home detention promulgated by the division in accordance with Sections 63-46a-4
26 and 63-46a-6.
27 [(12)] (17) "Home detention" means predispositional placement of a child in the 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 (18) "Juvenile Receiving Center" means a nonsecure, nonresidential program 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.
3 [(13)] (19) "Observation and assessment program" means a service program operated or
4 purchased by the division, that is responsible for temporary custody of youth offenders for
5 observation.
6 [(14)] (20) "Parole" means a conditional release of a youth offender from 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)] (21) "Rescission" means a written order of the Youth Parole Authority that rescinds
10 a parole date.
11 [(16)] (22) "Revocation of parole" means a written order of the Youth Parole 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)] (23) "Secure detention" means predisposition placement in a facility 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)] (24) "Secure facility" means any facility operated by or under contract 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)] (25) "Shelter" means the temporary care of children in physically unrestricted
21 facilities pending court disposition or transfer to another jurisdiction.
22 (26) "Temporary custody" means control and responsibility of nonadjudicated youth until
23 the youth can be released to the parent, guardian, a responsible adult, or to an appropriate agency.
24 [(20)] (27) "Termination" means a written order of the Youth Parole Authority that
25 terminates a youth offender from parole.
26 [(21)] (28) "Work program" means a public or private service work project established and
27 administered by the division for youth offenders for the purpose of rehabilitation, education, and
28 restitution to victims.
29 [(22)] (29) "Youth offender" means a person [over] 12 years of age [and under 21 years
30 of age,] or older committed or admitted by 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
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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