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S.B. 25 Enrolled
AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR APPLICATION OF
JUVENILE SENTENCING GUIDELINES WHEN PREPARING A DISPOSITIONAL
REPORT AND RECOMMENDATION IN A DELINQUENCY ACTION.
This act affects sections of Utah Code Annotated 1953 as follows:
63-25a-304, as renumbered and amended by Chapter 242, Laws of Utah 1996
78-3a-514, as enacted by Chapter 1, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-25a-304 is amended to read:
63-25a-304. Purpose -- Duties.
The purpose of the commission shall be to develop guidelines and propose
recommendations to the Legislature, the governor, and the Judicial Council about the sentencing
and release of juvenile and adult offenders in order to:
(1) respond to public comment;
(2) relate sentencing practices and correctional resources;
(3) increase equity in criminal sentencing;
(4) better define responsibility in criminal sentencing; and
(5) enhance the discretion of sentencing judges while preserving the role of the Board of
Pardons and Parole and the Youth Parole Authority.
Section 2. Section 78-3a-514 is amended to read:
78-3a-514. Dispositional report required in minor's cases -- Exceptions.
(1) The probation department or other agency designated by the court shall make a
dispositional report in writing in all minor's cases in which a petition has been filed, except that
the court may dispense with the study and report in cases involving violations of traffic laws or
ordinances, violations of fish and game laws, boating laws, and other minor cases.
(2) When preparing a dispositional report and recommendation in a delinquency action, the
probation department or other agency designated by the court shall consider the juvenile sentencing
guidelines developed in accordance with Section 63-25a-304 and any aggravating or mitigating
(3) Where the allegations of a petition filed under Subsection 78-3a-104(1) are denied, the
investigation may not be made until the court has made an adjudication.
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