H.B. 374

1

JUVENILE JUSTICE AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Blake D. Chard
5 AN ACT RELATING TO HUMAN SERVICES; ALLOWING THE DIVISION OF YOUTH
6 CORRECTIONS TO ESTABLISH JUVENILE ASSESSMENT CENTERS FOR RISK-NEEDS
7 ASSESSMENTS ON NONADJUDICATED YOUTH; REDUCING THE TIME LIMIT FOR
8 OBSERVATION AND ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 62A-7-104, as last amended by Chapters 94 and 112, Laws of Utah 1998
12 78-3a-118, as last amended by Chapters 34, 94, 274 and 298, Laws of Utah 1998
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 62A-7-104 is amended to read:
15 62A-7-104. Division responsibilities.
16 (1) The division is responsible for all youth offenders committed to it by juvenile courts
17 for secure confinement or supervision and treatment in the community.
18 (2) The division shall establish and maintain all detention and secure facilities and set
19 minimum standards for those facilities.
20 (3) (a) The division shall, in accordance with Title 63, Chapter 46a, Utah Administrative
21 Rulemaking Act, promulgate written statewide rules as guidelines for admission to secure
22 detention and home detention.
23 (b) The division shall implement those rules as guidelines and provide training regarding
24 the implementation of those guidelines to law enforcement agencies, division employees, juvenile
25 court employees, and to other affected agencies and individuals upon their request.
26 (4) The division shall establish and administer a continuum of community, secure, and
27 nonsecure programs for all youth offenders committed to the division.

28 (5) The division shall establish and administer Juvenile Receiving Centers, Juvenile
29 Assessment Programs, and other programs to provide temporary custody, care, risk-needs
30 assessments, evaluations, and control for nonadjudicated youth placed with the division.
31 (6) The division shall place youth offenders committed to it in the most appropriate
32 program for supervision and treatment.
33 (7) The division shall establish and maintain all secure residential facilities.
34 (8) In any order committing a youth offender to the division, the juvenile court shall
35 specify whether the youth offender is being committed for secure confinement or placement in a
36 community-based program. The division shall place the youth offender in the most appropriate
37 program within the category specified by the court.
38 (9) The division shall employ staff necessary to:
39 (a) supervise and control youth offenders in secure facilities or in the community;
40 (b) supervise and coordinate treatment of youth offenders committed to the division for
41 placement in community-based programs; and
42 (c) control and supervise nonadjudicated youth placed with the division for temporary
43 services in receiving centers and other programs established by the division.
44 (10) The division shall establish observation and assessment programs necessary to serve
45 youth offenders committed by the juvenile court for short-term observation under Subsection
46 78-3a-118 (2)(e). Whenever possible, those programs shall be conducted in settings separate and
47 distinct from secure facilities for youth offenders.
48 (11) Youth in the custody or temporary custody of the division are controlled or detained
49 in a manner consistent with public safety and rules promulgated by the division. In the event of
50 an unauthorized leave from a secure facility, detention center, community-based program,
51 receiving center, home, or any other designated placement, division employees have the authority
52 and duty to locate and apprehend the youth, or to initiate action with local law enforcement
53 agencies for assistance.
54 (12) The director of the division shall appoint regional directors within the various juvenile
55 court districts. Regional directors shall administer community-based programs, secure facilities,
56 other division programs, and shall have experience in corrections, behavioral sciences, law,
57 criminology, or related fields, and in administration.
58 (13) The division shall establish and operate compensatory-service work programs

59 designed to place youth offenders in public or private service work projects for the purpose of
60 rehabilitation, education, and restitution to victims.
61 (14) The division may establish and operate compensatory-service work programs for
62 youth offenders committed to the division by the juvenile court. The compensatory-service work
63 program shall:
64 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
65 parks, highways, and other programs designated by the division;
66 (b) provide educational and prevocational programs in cooperation with the State Board
67 of Education for youth offenders placed in the program; and
68 (c) provide counseling to youth offenders.
69 (15) The division shall establish minimum standards for the operation of all private
70 residential and nonresidential rehabilitation facilities which provide services to juveniles who have
71 committed a delinquent act, in this state or in any other state.
72 (16) In accordance with policies established by the board, the division shall provide regular
73 training for staff of secure facilities, detention staff, case management staff, and staff of the
74 community-based programs.
75 (17) The division is authorized to employ special function officers, as defined in Section
76 [ 53-10-105 ] 53-13-105 , to locate and apprehend absconders from division custody, transport
77 minors taken into custody pursuant to division policy, investigate cases, and carry out other duties
78 as assigned by the division. Special function officers may be employed through contract with the
79 Department of Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by
80 the division.
81 Section 2. Section 78-3a-118 is amended to read:
82 78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
83 Enumeration of possible court orders -- Considerations of court.
84 (1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the
85 court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
86 jurisdiction over the minor. However, in cases within the provisions of Subsection 78-3a-104 (1),
87 findings of fact are not necessary.
88 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
89 Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to

90 the school superintendent of the district in which the minor resides or attends school. Notice shall
91 be made to the district superintendent within three days and shall include the specific offenses for
92 which the minor was adjudicated.
93 (2) Upon adjudication the court may make the following dispositions by court order:
94 (a) (i) The court may place the minor on probation or under protective supervision in the
95 minor's own home and upon conditions determined by the court, including compensatory service
96 as provided in Section 78-11-20.7 .
97 (ii) The court may place the minor in state supervision with the probation department of
98 the court, under the legal custody of his parent or guardian, the Division of Youth Corrections, or
99 the Division of Child and Family Services.
100 (iii) If the court orders probation or state supervision, the court shall direct that notice of
101 its order be provided to designated persons in the local law enforcement agency and the school or
102 transferee school, if applicable, which the minor attends. The designated persons may receive the
103 information for purposes of the minor's supervision and student safety.
104 (iv) Any employee of the local law enforcement agency and the school which the minor
105 attends who discloses the court's order of probation is not:
106 (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
107 Section 63-30-4 ; and
108 (B) civilly or criminally liable except when the disclosure constitutes a knowing violation
109 of Section 63-2-801 .
110 (b) The court may place the minor in the legal custody of a relative or other suitable
111 person, with or without probation or protective supervision, but the juvenile court may not assume
112 the function of developing foster home services.
113 (c) (i) The court may vest legal custody of the minor in the Division of Child and Family
114 Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
115 Department of Human Services to provide dispositional recommendations and services.
116 (ii) For minors who may qualify for services from two or more divisions within the
117 Department of Human Services, the court may vest legal custody with the department.
118 (iii) Minors who are committed to the custody of the Division of Child and Family
119 Services on grounds other than abuse or neglect are subject to the provisions of Title 78, Chapter
120 3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter

121 4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect. Prior to making a
122 recommendation that the court place a minor in the custody of the Division of Child and Family
123 Services on grounds other than abuse or neglect, the probation department shall provide the
124 division adequate with notice for the division to attend the hearing.
125 (d) (i) The court may commit the minor to the Division of Youth Corrections for secure
126 confinement.
127 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
128 dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of Youth
129 Corrections.
130 (e) The court may commit the minor, subject to the court retaining continuing jurisdiction
131 over him, to the temporary custody of the Division of Youth Corrections for observation and
132 evaluation for a period not to exceed [90] 45 days h ,WHICH MAY BE EXTENDED UP TO 15 DAYS AT
132a THE REQUEST OF THE DIRECTOR h .
133 (f) (i) The court may commit the minor to a place of detention or an alternative to
134 detention for a period not to exceed 30 days subject to the court retaining continuing jurisdiction
135 over the minor.
136 (ii) Subsection (2)(f) applies only to those minors adjudicated for an act which if
137 committed by an adult would be a criminal offense or for contempt of court under Section
138 78-3a-901 . This commitment may be stayed or suspended upon conditions ordered by the court.
139 (g) The court may vest legal custody of an abused, neglected, or dependent minor in the
140 Division of Child and Family Services or any other appropriate person in accordance with the
141 requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
142 Proceedings.
143 (h) The court may place the minor on a ranch or forestry camp, or similar facility for care
144 and also for work, if possible, if the person, agency, or association operating the facility has been
145 approved or has otherwise complied with all applicable state and local laws. A minor placed in
146 a forestry camp or similar facility may be required to work on fire prevention, forestation and
147 reforestation, recreational works, forest roads, and on other works on or off the grounds of the
148 facility and may be paid wages, subject to the approval of and under conditions set by the court.
149 (i) The court may order that the minor be required to repair, replace, or otherwise make
150 restitution for damage or loss caused by the minor's wrongful act, including costs of treatment as
151 stated in Section 78-3a-318 , and may impose fines in limited amounts.

152 (j) The court may issue orders necessary for the collection of restitution and fines ordered
153 by the court, including garnishments, wage withholdings, and executions.
154 (k) (i) The court may through its probation department encourage the development of
155 employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
156 and for other purposes considered desirable by the court.
157 (ii) Consistent with the order of the court, the probation officer may permit the minor
158 found to be within the jurisdiction of the court to participate in a program of work restitution or
159 compensatory service in lieu of paying part or all of the fine imposed by the court. The work
160 restitution or compensatory service permitted by the probation officer may not affect the amount
161 of the surcharge.
162 (l) In violations of traffic laws within the court's jurisdiction, the court may, in addition
163 to any other disposition, restrain the minor from driving for periods of time the court considers
164 necessary and take possession of the minor's driver license. However, proceedings involving an
165 offense under Section 78-3a-506 are governed by that section regarding suspension of driving
166 privileges.
167 (m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
168 78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug Paraphernalia
169 Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to
170 any fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no
171 more than 100 hours, of compensatory service. Satisfactory completion of an approved substance
172 abuse prevention or treatment program may be credited by the court as compensatory service
173 hours.
174 (ii) When a minor is found within the jurisdiction of the juvenile court under Section
175 78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court may,
176 upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the
177 minor perform a minimum of 20 hours, but no more than 100 hours of compensatory service, in
178 addition to any fines or fees otherwise imposed. Satisfactory completion of an approved substance
179 abuse prevention or treatment program may be credited by the court as compensatory service
180 hours.
181 (n) The court may order that the minor be examined or treated by a physician, surgeon,
182 psychiatrist, or psychologist or that he receive other special care. For these purposes the court may

183 place the minor in a hospital or other suitable facility.
184 (o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
185 of the minor, and may appoint a public or private institution or agency as guardian in which legal
186 custody of the minor is vested.
187 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
188 private agency or institution, the court shall give primary consideration to the welfare of the minor.
189 When practicable, the court may take into consideration the religious preferences of the minor and
190 of the minor's parents.
191 (p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
192 conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any
193 other person who has been made a party to the proceedings. Conditions may include:
194 (A) visitation by the parents or one parent;
195 (B) restrictions on the minor's associates;
196 (C) restrictions on the minor's occupation and other activities; and
197 (D) requirements to be observed by the parents or custodian.
198 (ii) A minor whose parents or guardians successfully complete a family or other counseling
199 program may be credited by the court for detention, confinement, or probation time.
200 (q) The court may order the minor to be placed in the legal custody of the Division of
201 Mental Health or committed to the physical custody of a local mental health authority, in
202 accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A, Commitment
203 of Persons Under Age 18 to Division of Mental Health.
204 (r) The court may make an order committing a minor within its jurisdiction to the Utah
205 State Developmental Center if the minor has been found mentally retarded in accordance with the
206 provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The
207 procedure applicable in the district courts with respect to judicial commitments to the Utah State
208 Developmental Center shall be followed by the juvenile court in these cases.
209 (s) The court may terminate all parental rights upon a finding of compliance with the
210 provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
211 (t) The court may make any other reasonable orders for the best interest of the minor or
212 as required for the protection of the public, except that a person younger than 18 years of age may
213 not be committed to jail or prison, and offenses under Section 78-3a-506 are governed by that

214 section regarding suspension of driving privileges.
215 (u) The court may combine several of the above-listed modes of disposition if they are
216 compatible.
217 (v) Before depriving any parent of custody, the court shall give due consideration to the
218 rights of parents concerning their minors. The court may transfer custody of a minor to another
219 person, agency, or institution in accordance with the requirements and procedures of Title 78,
220 Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
221 (w) Except as provided in Subsection (2)(y)(i), an order under this section for probation
222 or placement of a minor with an individual or an agency shall include a date certain for a review
223 of the case by the court. A new date shall be set upon each review.
224 (x) In reviewing foster home placements, special attention shall be given to making
225 adoptable minors available for adoption without delay.
226 (y) (i) The juvenile court may enter an order of permanent custody and guardianship with
227 a relative or individual of a minor where the court has previously acquired jurisdiction as a result
228 of an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
229 78-3a-105 (4).
230 (ii) Such orders remain in effect until the minor reaches majority and are not subject to
231 review under Section 78-3a-119 , but may be modified by petition or motion as provided in Section
232 78-3a-903 .
233 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
234 permanent orders of custody and guardianship do not expire with a termination of jurisdiction of
235 the juvenile court.
236 Section 3. Effective date.
237 This act takes effect on July 1, 1999.




Legislative Review Note
as of 2-19-99 8:22 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel