S.B. 25

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SENTENCING GUIDELINES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lyle W. Hillyard
5 AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR APPLICATION OF
6 JUVENILE SENTENCING GUIDELINES WHEN PREPARING A DISPOSITIONAL
7 REPORT AND RECOMMENDATION IN A DELINQUENCY ACTION.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 63-25a-304, as renumbered and amended by Chapter 242, Laws of Utah 1996
11 78-3a-514, as enacted by Chapter 1, Laws of Utah 1996
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 63-25a-304 is amended to read:
14 63-25a-304. Purpose -- Duties.
15 The purpose of the commission shall be to develop guidelines and propose
16 recommendations to the Legislature, the governor, and the Judicial Council about the sentencing
17 and release of juvenile and adult offenders in order to:
18 (1) respond to public comment;
19 (2) relate sentencing practices and correctional resources;
20 (3) increase equity in criminal sentencing;
21 (4) better define responsibility in criminal sentencing; and
22 (5) enhance the discretion of sentencing judges while preserving the role of the Board of
23 Pardons and Parole and the Youth Parole Authority.
24 Section 2. Section 78-3a-514 is amended to read:
25 78-3a-514. Dispositional report required in minor's cases -- Exceptions.
26 (1) The probation department or other agency designated by the court shall make a
27 dispositional report in writing in all minor's cases in which a petition has been filed, except that

1 the court may dispense with the study and report in cases involving violations of traffic laws or
2 ordinances, violations of fish and game laws, boating laws, and other minor cases.
3 (2) When preparing a dispositional report and recommendation in a delinquency action,
4 the probation department or other agency designated by the court shall consider the juvenile
5 sentencing guidelines developed in accordance with Section 63-25a-304 and any aggravating or
6 mitigating circumstances.
7 (3) Where the allegations of a petition filed under Subsection 78-3a-104(1) are denied, the
8 investigation may not be made until the court has made an adjudication.




Legislative Review Note
as of 12-27-96 3:58 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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