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H.B. 192 Enrolled
AN ACT RELATING TO HUMAN SERVICES; PROVIDING FOR THE UTILIZATION OF
SPECIAL FUNCTION OFFICERS BY THE DIVISION OF YOUTH CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-7-104, as last amended by Chapters 200 and 365, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. 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.
(6) The division shall place youth offenders committed to it in the most appropriate
program for supervision and treatment.
(7) The division shall establish and maintain all secure residential facilities.
(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.
(9) The division shall employ staff necessary to:
(a) supervise and control youth offenders in secure facilities or 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.
(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-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.
(12) The director of the division shall appoint regional directors within the various juvenile
court districts. Regional directors shall administer community-based programs, secure facilities,
other division programs, and shall have experience in corrections, behavioral sciences, law,
criminology, or related fields, and in administration.
(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.
(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,
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.
(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.
(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.
(17) The division is authorized to employ special function officers, as defined in Section
77-1a-4 , to locate and apprehend absconders from division custody, transport minors taken into
custody pursuant to division policy, investigate cases, and carry out other duties as assigned by the
division. Special function officers may be employed through contract with the Department of Public
Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
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