H.B. 28 Enrolled

JUVENILE JUSTICE RECODIFICATION AND REVISIONS
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Douglas C. Aagard

LONG TITLE
General Description:
This bill recodifies Title 62A, Chapter 7, Juvenile Justice Services, to reflect the duties
and functions of the Division of Juvenile Justice Services.
Highlighted Provisions:
This bill:
. reorganizes, by amendments, repeal, and renumber and reenactment, provisions of
the chapter into parts within the chapter that set forth the division's functions and
duties in an accessible order;
. clarifies functions of the division and of the Youth Parole Authority;
. clarifies that the criminal offense of damaging a jail or other confinement facility
applies also to juvenile detention facilities; and
. makes technical corrections and amends cross references as required by the
reordering of the chapter provisions and also makes stylistic corrections.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an immediate effective date.
Utah Code Sections Affected:
AMENDS:
62A-7-101, as last amended by Chapter 171, Laws of Utah 2003
62A-7-104, as last amended by Chapters 140 and 281, Laws of Utah 2002
62A-7-201, as last amended by Chapter 171, Laws of Utah 2003
62A-7-202, as last amended by Chapter 200, Laws of Utah 1997

62A-7-203, as last amended by Chapter 36, Laws of Utah 1996
76-8-306, as last amended by Chapters 140 and 240, Laws of Utah 2004
76-8-418, as last amended by Chapter 66, Laws of Utah 1996
77-37-3, as last amended by Chapter 35, Laws of Utah 2002
78-3a-113, as last amended by Chapters 102 and 267, Laws of Utah 2004
RENUMBERS AND AMENDS:
62A-7-105.5, (Renumbered from 62A-7-118, as enacted by Chapter 1, Laws of Utah
1988)
62A-7-106.5, (Renumbered from 62A-7-119, as enacted by Chapter 1, Laws of Utah
1988)
62A-7-107.5, (Renumbered from 62A-7-120, as last amended by Chapter 4, Laws of Utah
1993, Second Special Session)
62A-7-108.5, (Renumbered from 62A-7-121, as enacted by Chapter 1, Laws of Utah
1988)
62A-7-109.5, (Renumbered from 62A-7-122, as enacted by Chapter 1, Laws of Utah
1988)
62A-7-110.5, (Renumbered from 62A-7-123, as last amended by Chapter 171, Laws of
Utah 2003)
62A-7-111.5, (Renumbered from 62A-7-124, as last amended by Chapter 171, Laws of
Utah 2003)
62A-7-401.5, (Renumbered from 62A-7-105, as last amended by Chapter 4, Laws of Utah
1993, Second Special Session)
62A-7-402, (Renumbered from 62A-7-106, as last amended by Chapters 240 and 240,
Laws of Utah 2004)
62A-7-403, (Renumbered from 62A-7-107, as enacted by Chapter 1, Laws of Utah 1988)
62A-7-404, (Renumbered from 62A-7-108, as enacted by Chapter 1, Laws of Utah 1988)
62A-7-501, (Renumbered from 62A-7-109, as last amended by Chapter 176, Laws of
Utah 2002)

62A-7-502, (Renumbered from 62A-7-110, as enacted by Chapter 1, Laws of Utah 1988)
62A-7-503, (Renumbered from 62A-7-111, as enacted by Chapter 1, Laws of Utah 1988)
62A-7-504, (Renumbered from 62A-7-112, as last amended by Chapter 267, Laws of
Utah 1992)
62A-7-505, (Renumbered from 62A-7-113, as enacted by Chapter 1, Laws of Utah 1988)
62A-7-506, (Renumbered from 62A-7-114, as enacted by Chapter 1, Laws of Utah 1988)
62A-7-507, (Renumbered from 62A-7-115, as enacted by Chapter 1, Laws of Utah 1988)
62A-7-601, (Renumbered from 62A-7-125, as enacted by Chapter 281, Laws of Utah
2002)
62A-7-701, (Renumbered from 62A-7-116, as last amended by Chapter 4, Laws of Utah
1993, Second Special Session)
62A-7-702, (Renumbered from 62A-7-117, as last amended by Chapter 200, Laws of
Utah 1997)
REPEALS:
62A-7-204, as enacted by Chapter 53, Laws of Utah 1991
62A-7-205, as enacted by Chapter 267, Laws of Utah 1992

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-7-101 is amended to read:
Part 1. Division of Juvenile Justice Services - Functions and Duties
62A-7-101. Definitions.
As used in this chapter:
[(1) "Alternatives to secure detention" means a nonsecure, nonresidential, or residential
program designated to provide intensive supervision in the community, rehabilitation services, or
work programs for youth who are diverted from detention. Designated alternatives include home
detention, day/night reporting centers, electronic monitoring, and contempt programs.]
[(2)] (1) "Authority" means the Youth Parole Authority, established in accordance with
Section [ 62A-7-109 ] 62A-7-501 .

[(3)] (2) "Board" means the Board of Juvenile Justice Services established in accordance
with Section 62A-1-105 .
[(4)] (3) "Community-based program" means a nonsecure residential or nonresidential
program designated to supervise and rehabilitate youth offenders in the least restrictive setting,
consistent with public safety, and designated or operated by or under contract with the division.
[(5)] (4) "Control" means the authority to detain, restrict, and supervise a youth in a
manner consistent with public safety and the well being of the youth and division employees.
[(6)] (5) "Court" means the juvenile court.
[(7) "Day/night reporting center" means a nonsecure, nonresidential or residential
program designated to provide supervision for youth who may otherwise be held in a more
restrictive setting.]
[(8)] (6) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
committed by an adult.
[(9)] (7) "Detention" means secure detention or home detention.
[(10)] (8) "Detention center" means a facility established in accordance with Title 62A,
Chapter 7, Part 2, Detention Facilities.
[(11)] (9) "Director" means the director of the Division of Juvenile Justice Services.
[(12)] (10) "Discharge" means a written order of the [division] Youth Parole Authority
that removes a youth offender from its jurisdiction.
[(13)] (11) "Division" means the Division of Juvenile Justice Services.
[(14) "Electronic monitoring" means a method of supervision of youth in the community,
in nonsecure placements, by way of electronic surveillance that provides 24-hour information and
immediate reports of violations.]
[(15) "Guidelines" means the written statewide rules for admission to secure detention
and home detention promulgated by the division in accordance with Sections 63-46a-4 and
63-46a-6 .]
[(16)] (12) "Home detention" means predispositional placement of a child in the child's
home or a surrogate home with the consent of the child's parent, guardian, or custodian for

conduct by a child who is alleged to have committed a delinquent act or postdispositional
placement pursuant to Subsection 78-3a-118 (2)(f) or 78-3a-901 (3).
[(17) "Juvenile receiving center" means a nonsecure, nonresidential program established
by the division that is responsible for juveniles taken into custody by law enforcement for status
offenses or delinquent acts, but who do not meet the criteria for admission to secure detention or
shelter.]
[(18)] (13) "Observation and assessment program" means a service program operated or
purchased by the division, that is responsible for temporary custody of youth offenders for
observation.
[(19)] (14) "Parole" means a conditional release of a youth offender from residency in a
secure facility to live outside that facility under the supervision of the Division of Juvenile
Justice Services or other person designated by the division.
(15) "Receiving center" means a nonsecure, nonresidential program established by the
division or under contract with the division that is responsible for juveniles taken into custody by
a law enforcement officer for status offenses or delinquent acts, but who do not meet the criteria
for admission to secure detention or shelter.
[(20)] (16) "Rescission" means a written order of the Youth Parole Authority that
rescinds a parole date.
[(21)] (17) "Revocation of parole" means a written order of the Youth Parole Authority
that terminates parole supervision of a youth offender and directs return of the youth offender to
the custody of a secure facility because of a violation of the conditions of parole.
[(22)] (18) "Runaway [youth]" means a youth who willfully leaves the residence of a
parent or guardian without the permission of the parent or guardian.
[(23)] (19) "Secure detention" means predisposition placement in a facility operated by
or under contract with the division, for conduct by a child who is alleged to have committed a
delinquent act.
[(24)] (20) "Secure facility" means any facility operated by or under contract with the
division, that provides 24-hour supervision and confinement for youth offenders committed to

the division for custody and rehabilitation.
[(25)] (21) "Shelter" means the temporary care of children in physically unrestricted
facilities pending court disposition or transfer to another jurisdiction.
[(26)] (22) "Temporary custody" means control and responsibility of nonadjudicated
youth until the youth can be released to the parent, guardian, a responsible adult, or to an
appropriate agency.
[(27)] (23) "Termination" means a written order of the Youth Parole Authority that
terminates a youth offender from parole.
[(28)] (24) "Ungovernable" means a youth in conflict with a parent or guardian, and the
conflict:
(a) results in behavior that is beyond the control or ability of the youth, or the parent or
guardian, to manage effectively;
(b) poses a threat to the safety or well-being of the youth, the family, or others; or
(c) results in the situations in both Subsections [(28)] (24)(a) and (b).
[(29)] (25) "Work program" means a public or private service work project established
and administered by the division for youth offenders for the purpose of rehabilitation, education,
and restitution to victims.
[(30)] (26) "Youth offender" means a person 12 years of age or older, and who has not
reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
jurisdiction of the division, for confinement in a secure facility or supervision in the community,
following adjudication for a delinquent act which would constitute a felony or misdemeanor if
committed by an adult.
[(31)] (27) (a) "Youth services" means services provided in an effort to resolve family
conflict:
(i) for families in crisis when a minor is ungovernable or runaway; or
(ii) involving a minor and the minor's parent or guardian.
(b) These services include efforts to:
(i) resolve family conflict;

(ii) maintain or reunite minors with their families; and
(iii) divert minors from entering or escalating in the juvenile justice system;
(c) The services may provide:
(i) crisis intervention;
(ii) short-term shelter;
(iii) time out placement; and
(iv) family counseling.
Section 2. Section 62A-7-104 is amended to read:
62A-7-104. Division responsibilities.
[(1) The division:]
[(a) shall establish and administer youth services; and]
[(b) may enter into contracts with state and local governmental entities and private
providers to provide the youth services.]
[(2)] (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.
[(3)] (2) The division shall:
(a) establish and administer a continuum of community, secure, and nonsecure programs
for all youth offenders committed to the division;
(b) establish and maintain all detention and secure facilities and set minimum standards
for those facilities[.];
(c) establish and operate prevention and early intervention youth services programs for
nonadjudicated youth placed with the division; and
(d) 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),
and whenever possible, conduct the programs in settings separate and distinct from secure
facilities for youth offenders.
[(4) (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.]
[(5) The division shall establish and administer a continuum of community, secure, and
nonsecure programs for all youth offenders committed to the division.]
[(6) The division shall establish and administer Juvenile Receiving Centers, Juvenile
Assessment Programs, and other programs to provide temporary custody, care, risk-needs
assessments, evaluations, and control for nonadjudicated youth placed with the division.]
[(7)] (3) The division shall place youth offenders committed to it in the most appropriate
program for supervision and treatment.
[(8)] (4) 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)] (5) 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, youth services, 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)] (6) 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 division shall establish and operate compensatory-service work programs
designed to place youth offenders in public or private service work projects for the purpose of
rehabilitation, education, and restitution to victims.]
[(13)] (7) The division [may] shall establish and operate compensatory-service work
programs for youth offenders committed to the division by the juvenile court. The
compensatory-service 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.
[(14)] (8) 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.
[(15)] (9) 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.
[(16)] (10) (a) The division is authorized to employ special function officers, as defined
in Section 53-13-105 , to locate and apprehend [absconders] minors who have absconded from
division custody, transport minors taken into custody pursuant to division policy, investigate
cases, and carry out other duties as assigned by the division.
(b) 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.
[(17)] (11) The division shall designate employees to obtain the saliva DNA specimens

required under Section 53-10-403 . The division shall ensure that the designated employees
receive appropriate training and that the specimens are obtained in accordance with accepted
protocol.
Section 3. Section 62A-7-105.5 , which is renumbered from Section 62A-7-118 is
renumbered and amended to read:
[62A-7-118]. 62A-7-105.5. Information supplied to division.
(1) Juvenile court probation sections shall render full and complete cooperation to the
division in supplying the division with all pertinent information relating to youth offenders who
have been committed to the division. [That information]
(2) Information under Subsection (1) may include, but is not limited to, prior criminal
history, social history, psychological evaluations, and identifying information specified by the
division.
Section 4. Section 62A-7-106.5 , which is renumbered from Section 62A-7-119 is
renumbered and amended to read:
[62A-7-119]. 62A-7-106.5. Annual review of programs and facilities.
(1) (a) The division shall annually review all programs and facilities that provide services
to juveniles who have committed a delinquent act, in this state or in any other state, which would
constitute a felony or misdemeanor if committed by an adult, and license those programs and
facilities that are in compliance with standards approved by the board. The division shall provide
written reviews to the managers of those programs and facilities.
(b) Based upon policies established by the board, programs or facilities that are unable or
unwilling to comply with the approved standards may not be licensed.
(2) Any private facility or program providing services under this chapter that willfully
fails to comply with the standards established by the division is [subject to] guilty of a class B
misdemeanor.
Section 5. Section 62A-7-107.5 , which is renumbered from Section 62A-7-120 is
renumbered and amended to read:
[62A-7-120]. 62A-7-107.5. Contracts with private providers.

(1) [Nothing in this] This chapter [prohibits] does not prohibit the division from
contracting with private providers or other agencies for the construction, operation, and
maintenance of juvenile facilities or the provision of care, treatment, and supervision of youth
offenders who have been committed to the care of the division.
(2) All programs for the care, treatment, and supervision of youth offenders committed to
the division shall be licensed in compliance with division standards within six months after
commencing operation.
Section 6. Section 62A-7-108.5 , which is renumbered from Section 62A-7-121 is
renumbered and amended to read:
[62A-7-121]. 62A-7-108.5. Records -- Property of division.
(1) All records maintained by programs that are under contract with the division to
provide services to youth offenders, are the property of the division and shall be returned to it
when the youth offender is terminated from the program.
(2) The division shall maintain an accurate audit trail of information provided to other
programs or agencies regarding youth offenders under its jurisdiction.
Section 7. Section 62A-7-109.5 , which is renumbered from Section 62A-7-122 is
renumbered and amended to read:
[62A-7-122]. 62A-7-109.5. Restitution by youth offender.
(1) The division shall make reasonable efforts to ensure that restitution is made to the
victim of a youth offender. Restitution shall be made through the employment of youth offenders
in work programs. However, reimbursement to the victim of a youth offender is conditional
upon that youth offender's involvement in the work program.
(2) Restitution may be made a condition of release, placement, or parole by the division.
In the event of parole revocation or, where there is no court order requiring restitution to the
victim and the loss to the victim has been determined, the division shall evaluate whether
restitution is appropriate and, if so, the amount or type of restitution to which the victim is
entitled.
(3) The division shall notify the juvenile court of all restitution paid to victims through

the employment of youth offenders in work programs.
Section 8. Section 62A-7-110.5 , which is renumbered from Section 62A-7-123 is
renumbered and amended to read:
[62A-7-123]. 62A-7-110.5. Juvenile Justice Services Victim Restitution
Account.
(1) There is created within the General Fund a nonlapsing restricted account known as
the "Juvenile Justice Services Victim Restitution Account," which shall be administered by the
division.
(2) The Juvenile Justice Services Victim Restitution Account shall be used exclusively
for establishing work programs, as defined in Section 62A-7-101 .
Section 9. Section 62A-7-111.5 , which is renumbered from Section 62A-7-124 is
renumbered and amended to read:
[62A-7-124]. 62A-7-111.5. Cost of support and maintenance of youth
offender -- Responsibility.
(1) On commitment of a youth offender to the division, and on recommendation of the
division to the juvenile court, the juvenile court may order the youth offender or his parent,
guardian, or custodian, to share in the costs of support and maintenance for the youth offender
during his term of commitment.
(2) After payment of collection expenses, any remaining balance collected under the
provisions of Subsection (1) may be deposited in the "Juvenile Justice Services Victim
Restitution Account[,]" created in Section 62A-7-110.5 at the discretion of the director.
Section 10. Section 62A-7-201 is amended to read:
Part 2. Detention Facilities
62A-7-201. Confinement -- Facilities -- Restrictions.
(1) Children under 18 years of age, who are apprehended by any officer or brought before
any court for examination under any provision of state law, may not be confined in jails, lockups,
or cells used for [ordinary criminals or] persons 18 years of age or older who are charged with
crime, or in secure postadjudication correctional facilities operated by the division, except as

provided by specific statute and in conformance with [approved] standards approved by the
board.
(2) (a) Children charged by information or indictment with crimes as a serious youth
offender under Section 78-3a-602 or certified to stand trial as an adult pursuant to Section
78-3a-603 may be detained in a jail or other place of detention used for adults.
(b) Children detained in adult facilities under Section 78-3a-602 or 78-3a-603 prior to a
hearing before a magistrate, or under Subsection 78-3a-114 (3), may only be held in certified
juvenile detention accommodations in accordance with rules promulgated by the division. Those
rules shall include standards for acceptable sight and sound separation from adult inmates. The
division certifies facilities that are in compliance with the division's standards.
(3) In areas of low density population, the division may, by rule, approve juvenile
holding accommodations within adult facilities that have acceptable sight and sound separation.
Those facilities shall be used only for short-term holding purposes, with a maximum confinement
of six hours, for children alleged to have committed an act which would be a criminal offense if
committed by an adult. Acceptable short-term holding purposes are: identification, notification
of juvenile court officials, processing, and allowance of adequate time for evaluation of needs
and circumstances regarding release or transfer to a shelter or detention facility.
(4) Children who are alleged to have committed an act which would be a criminal
offense if committed by an adult, may be detained in holding rooms in local law enforcement
agency facilities for a maximum of two hours, for identification or interrogation, or while
awaiting release to a parent or other responsible adult. Those rooms shall be certified by the
division, according to the division's rules. Those rules shall include provisions for constant
supervision and for sight and sound separation from adult inmates.
(5) Willful failure to comply with any of the provisions of this section is a class B
misdemeanor.
(6) (a) The division is responsible for the custody and detention of children under 18
years of age who require detention care prior to trial or examination, or while awaiting
assignment to a home or facility, as a dispositional placement under Subsection

78-3a-118 (2)(f)(i) or 78-3a-901 (3)(a), and of youth offenders under Subsection [ 62A-7-112 ]
62A-7-504 (8).
(b) The division shall provide standards for custody or detention under Subsections
(2)(b), (3), and (4), and shall determine and set standards for conditions of care and confinement
of children in detention facilities.
(c) All other custody or detention shall be provided by the division, or by contract with a
public or private agency willing to undertake temporary custody or detention upon agreed terms,
or in suitable premises distinct and separate from the general jails, lockups, or cells used in law
enforcement and corrections systems.
[(7) A child who willfully and intentionally damages a jail or other place of confinement
as provided in Section 76-8-418 , including a detention, shelter, or secure confinement facility,
operated by the Division of Juvenile Justice Services, commits an act which would be a third
degree felony if committed by an adult.]
Section 11. Section 62A-7-202 is amended to read:
62A-7-202. Location of detention facilities and services.
(1) The division shall provide detention facilities and services in each county, or group of
counties, as the population demands, in accordance with the provisions of this chapter.
(2) The division, through its detention centers, is responsible for development,
implementation, and administration of home detention services, and shall establish criteria for
placement on home detention.
(3) The division shall make rules, in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, establishing standards for admission to secure detention and
home detention programs.
(4) The division shall provide training regarding implementation of the rules to law
enforcement agencies, division employees, juvenile court employees, and other affected agencies
and individuals upon their request.
Section 12. Section 62A-7-203 is amended to read:
62A-7-203. Detention -- Physical facilities.

[(1) The division, with the aid of the Division of Facilities Construction and
Management, shall provide suitable physical facilities to meet the detention requirements of any
county or group of counties. The division may use existing state-owned properties for detention
purposes.]
[(2) Notwithstanding Subsection (1), the]
The division may issue requests for proposals to allow for the private construction of
facilities suitable to meet the detention requirements of any county or group of counties, subject
to approval by the governor. The governor shall furnish an analysis of the benefits of the
proposals received to the Capital Facilities and Administrative Services Appropriations
Subcommittee for its review.
Section 13. Section 62A-7-401.5 , which is renumbered from Section 62A-7-105 is
renumbered and amended to read:
Part 4. Secure Facilities
[62A-7-105]. 62A-7-401.5. Secure facilities.
(1) The division shall maintain and operate secure facilities for the custody and
rehabilitation of youth offenders who pose a danger of serious bodily harm to others, who cannot
be controlled in a less secure setting, or who have engaged in a pattern of conduct characterized
by persistent and serious criminal offenses which, as demonstrated through the use of other
alternatives, cannot be controlled in a less secure setting.
(2) [An] The director shall appoint an administrator for each secure facility [shall be
appointed by the director]. An administrator of a secure facility shall have experience in social
work, law, criminology, corrections, or a related field, and also in administration.
(3) (a) The division, in cooperation with the State Board of Education, shall provide
instruction, or make instruction available, to youth offenders in secure facilities. [That] The
instruction shall be appropriate to the age, needs, and range of abilities of the youth offender.
(b) An assessment shall be made of each youth offender by the appropriate secure facility
to determine [his] the offender's abilities, possible learning disabilities, interests, attitudes, and
[similar matters] other attributes related to appropriate educational programs.

(c) Prevocational education shall be provided to acquaint youth offenders with vocations,
and vocational requirements and opportunities.
(4) The division shall place youth offenders who have been committed to the division for
secure confinement and rehabilitation in a secure facility, operated by the division or by a private
entity, that is appropriate to [insure] ensure that humane care and rehabilitation opportunities are
afforded to the youth offender.
(5) The division shall adopt, subject to approval by the board, standards, policies, and
procedures for the regulation and operation of secure facilities, consistent with state and federal
law. [Policies are subject to the approval of the board.]
Section 14. Section 62A-7-402 , which is renumbered from Section 62A-7-106 is
renumbered and amended to read:
[62A-7-106]. 62A-7-402. Aiding or concealing youth offender -- Trespass --
Criminal penalties.
(1) A person who commits any of the following offenses is guilty of a class A
misdemeanor:
(a) entering, or attempting to enter, a building or enclosure appropriated to the use of
youth offenders, without permission;
(b) entering any premises belonging to a secure facility and committing or attempting to
commit a trespass or [depredation] damage on those premises; or
(c) willfully annoying or disturbing the peace and quiet of a secure facility or of a youth
offender in a secure facility.
(2) A person is guilty of a third degree felony who:
(a) knowingly harbors or conceals a youth offender who has:
(i) escaped from a secure facility; or
(ii) absconded from:
(A) a facility or supervision; or
(B) supervision of the Division of Juvenile Justice Services; or
(b) willfully aided or assisted a youth offender who has been lawfully committed to a

secure facility in escaping or attempting to escape from that facility.
(3) As used in this section:
(a) a youth offender absconds from a facility when he:
(i) leaves the facility without permission; or
(ii) fails to return at a prescribed time.
(b) A youth offender absconds from supervision when he:
(i) changes his residence from the residence that he reported to the division as his correct
address to another residence, without notifying the Division of Juvenile Justice Services or
obtaining permission; or
(ii) for the purpose of avoiding supervision:
(A) hides at a different location from his reported residence; or
(B) leaves his reported residence.
Section 15. Section 62A-7-403 , which is renumbered from Section 62A-7-107 is
renumbered and amended to read:
[62A-7-107]. 62A-7-403. Care of pregnant youth offender.
(1) When a youth offender in a secure facility is pregnant, the division shall [insure]
ensure that adequate prenatal and postnatal care is provided, and shall place her in an accredited
hospital before delivery. As soon as her condition after delivery will permit, the youth offender
may be returned to the secure facility.
(2) If [there is a question of] the division has concern regarding the youth offender's
fitness to raise her child, the division shall petition the juvenile court to hold a custody hearing[,
where that decision shall be made].
Section 16. Section 62A-7-404 , which is renumbered from Section 62A-7-108 is
renumbered and amended to read:
[62A-7-108]. 62A-7-404. Commitment -- Termination and review.
(1) A youth offender who has been committed to a secure facility shall remain until [he]
the offender reaches the age of 21, is paroled, or is discharged.
(2) A youth offender who has been committed to a secure facility shall appear before the

authority within 90 days after commitment, for review of treatment plans and establishment of
parole release guidelines.
Section 17. Section 62A-7-501 , which is renumbered from Section 62A-7-109 is
renumbered and amended to read:
Part 5. Youth Parole Authority
[62A-7-109]. 62A-7-501. Youth Parole Authority -- Expenses --
Responsibilities -- Procedures.
(1) There is created within the division a Youth Parole Authority.
(2) (a) The authority is composed of ten part-time members and five pro tempore
members who are residents of this state. No more than three pro tempore members may serve on
the authority at any one time.
(b) Throughout this section, the term "member" [shall refer] refers to both part-time and
pro tempore members of the Youth Parole Authority.
(3) (a) Except as required by Subsection (3)(b), members shall be appointed to four-year
terms by the governor with the consent of the Senate.
(b) [Notwithstanding the requirements of Subsection (3)(a), the] The governor shall, at
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
authority members are staggered so that approximately half of the authority is appointed every
two years.
(4) Each member shall have training or experience in social work, law, juvenile or
criminal justice, or related behavioral sciences.
(5) When a vacancy occurs in the membership for any reason, the replacement member
shall be appointed for the unexpired term.
(6) During the tenure of his appointment, a member may not:
(a) be an employee of the department, other than in his capacity as a member of the
authority;
(b) hold any public office;
(c) hold any position in the state's juvenile justice system; or

(d) be an employee, officer, advisor, policy board member, or subcontractor of any
juvenile justice agency or its contractor.
(7) In extraordinary circumstances or when a regular [board] member is absent or
otherwise unavailable, the chair may assign a pro tempore member to act in the absent [board]
member's place.
(8) (a) Members [shall] receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of [the member's] official duties at
the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
(9) The authority shall determine appropriate parole dates for youth offenders, based on
guidelines established by the board. The board shall review and update policy guidelines
annually.
(10) Youth offenders may be paroled to their own homes, to a residential
community-based program, to a nonresidential community-based treatment program, to an
approved independent living setting, or to other appropriate residences, but shall remain on
parole until parole is terminated by the authority.
(11) The division's case management staff shall implement parole release plans and shall
supervise youth offenders while on parole.
(12) The division shall permit the authority to have reasonable access to youth offenders
in secure facilities and shall furnish all pertinent data requested by the authority in matters of
parole, revocation, and termination.
Section 18. Section 62A-7-502 , which is renumbered from Section 62A-7-110 is
renumbered and amended to read:
[62A-7-110]. 62A-7-502. Youth Parole Authority -- Parole procedures.
(1) The authority has responsibility for parole release, rescission, revocation, and
termination for youth offenders who have been committed to the division for secure confinement.
The authority shall determine when and under what conditions youth offenders who have been
committed to a secure facility are eligible for parole.

(2) Each youth offender shall be served with notice of parole hearings, and has the right
to personally appear before the authority for parole consideration.
(3) Orders and decisions of the authority shall be in writing, and each youth offender
shall be provided written notice of the authority's reasoning and decision in his case.
(4) The authority shall establish policies and procedures [for its], subject to board
approval, for the authority's governance, meetings, hearings, the conduct of proceedings before it,
the parole of youth offenders, and the general conditions under which parole may be granted,
rescinded, revoked, modified, and terminated. [The authority's policies and procedures are
subject to the approval of the board.]
Section 19. Section 62A-7-503 , which is renumbered from Section 62A-7-111 is
renumbered and amended to read:
[62A-7-111]. 62A-7-503. Administrative officer of Youth Parole Authority.
The director shall appoint an administrative officer of the authority, [to be] who is
responsible for the day-to-day operations of the authority.
Section 20. Section 62A-7-504 , which is renumbered from Section 62A-7-112 is
renumbered and amended to read:
[62A-7-112]. 62A-7-504. Parole revocation -- Hearing -- Procedures.
(1) The authority may revoke the parole of a youth offender after a hearing and upon
determination that there has been a violation of law or of a condition of parole by the youth
offender which warrants his return to a secure facility. The parole revocation hearing shall be
held at a secure facility.
(2) Before returning a youth offender to a secure facility for a parole revocation hearing,
the division shall provide a prerevocation hearing within the vicinity of the alleged violation, to
determine whether there is probable cause to believe that the youth offender violated the
conditions of his parole. Upon a finding of probable cause, the youth offender may be remanded
to a secure facility, pending a revocation hearing.
(3) A paroled youth offender is entitled to legal representation at the parole revocation
hearing, and if the youth offender or his family has requested but cannot afford legal

representation, the authority shall appoint legal counsel.
(4) The authority and the administrative officer have power to issue subpoenas, compel
attendance of witnesses, compel production of books, papers and other documents, administer
oaths, and take testimony under oath for the purposes of conducting the hearings.
(5) (a) A youth offender shall receive timely advance notice of the date, time, place, and
reason for the hearing, and [shall have] has the right to appear at the hearing.
(b) The authority shall provide the youth offender an opportunity to be heard, to present
witnesses and evidence, and to confront and cross-examine adverse witnesses, unless there is
good cause for disallowing that confrontation.
(6) Decisions in parole revocation hearings shall be reached by a majority vote of the
present members of the authority.
(7) The administrative officer shall maintain summary records of all hearings and
provide written notice to the youth offender of the decision and reason for the decision [in the
case].
(8) (a) The authority may issue a warrant to order any peace officer or division employee
to [retake] take into custody a youth offender alleged to be in violation of parole conditions.
(b) The division may issue a warrant to any peace officer or division employee to retake
a youth offender who has escaped from a secure facility.
(c) Based upon [that] the warrant issued under this Subsection (8), a youth offender may
be held in a local detention facility for no longer than 48 hours, excluding weekends and legal
holidays, to allow time for a prerevocation hearing of the alleged parole violation, or in the case
of an escapee, arrangement for transportation to the secure facility.
Section 21. Section 62A-7-505 , which is renumbered from Section 62A-7-113 is
renumbered and amended to read:
[62A-7-113]. 62A-7-505. Conditions of parole.
Conditions of parole shall be specified in writing and agreed to by the youth offender.
That agreement shall be evidenced by the signature of the youth offender, which shall be affixed
to the parole document.

Section 22. Section 62A-7-506 , which is renumbered from Section 62A-7-114 is
renumbered and amended to read:
[62A-7-114]. 62A-7-506. Discharge of youth offender.
(1) A youth offender may be discharged from the jurisdiction of the division at any time,
by written order of the [division] Youth Parole Authority, upon a finding that no further purpose
would be served by secure confinement or supervision in a community setting.
(2) Discharge of a youth offender shall be in accordance with policies approved by the
board.
(3) Discharge of a youth offender is a complete release of all penalties incurred by
adjudication of the offense for which the youth offender was committed.
Section 23. Section 62A-7-507 , which is renumbered from Section 62A-7-115 is
renumbered and amended to read:
[62A-7-115]. 62A-7-507. Appeal regarding parole release or revocation.
(1) A youth offender, or the parent or legal guardian of a youth offender, may appeal to
the executive director or his designee any decision of the authority regarding parole release,
rescission, or revocation[, to the executive director or his designee].
(2) The executive director or his designee may set aside or remand the authority's
decision only if it is arbitrary, capricious, an abuse of discretion, or contrary to law.
Section 24. Section 62A-7-601 , which is renumbered from Section 62A-7-125 is
renumbered and amended to read:
Part 6. Prevention and Early Intervention
[62A-7-125]. 62A-7-601. Youth services for prevention and early
intervention -- Program standards -- Program services.
(1) The division shall establish and operate prevention and early intervention youth
services programs.
(2) The division shall adopt with the approval of the board statewide policies and
procedures, including minimum standards for the organization and operation of youth services
programs.

(3) The division shall establish housing, programs, and procedures to ensure that youth
who are receiving services under this section and who are not in the custody of the division are
served separately from youth who are in custody of the division.
(4) The division may enter into contracts with state and local governmental entities and
private providers to provide the youth services.
(5) The division shall establish and administer juvenile receiving centers and other
programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
for nonadjudicated youth placed with the division.
Section 25. Section 62A-7-701 , which is renumbered from Section 62A-7-116 is
renumbered and amended to read:
Part 7. Community-Based Programs
[62A-7-116]. 62A-7-701. Community-based programs.
(1) The division shall [provide] operate residential and nonresidential community-based
programs to provide care, treatment, and supervision for paroled youth offenders and for youth
offenders committed to the division by juvenile courts.
(2) The division shall adopt, with the approval of the board, minimum standards for the
organization and operation of community-based corrections programs for youth offenders.
[Standards approved by the board shall be promulgated for implementation of those programs.]
(3) The division shall place youth offenders committed to it for community-based
programs in the most appropriate program based upon the division's evaluation of the youth
offender's needs and the division's available resources.
Section 26. Section 62A-7-702 , which is renumbered from Section 62A-7-117 is
renumbered and amended to read:
[62A-7-117]. 62A-7-702. Case management staff.
(1) The division shall provide a sufficient number of case management staff members to
provide care, treatment, and supervision for youth offenders on parole and for youth offenders
committed to the division by the juvenile courts for community-based programs.
(2) (a) Case management staff shall develop treatment programs for each youth offender

in the community, provide appropriate services, and monitor individual progress.
(b) Progress reports shall be filed every three months with the juvenile court for each
youth offender committed to the division for community-based programs and with the authority
for each parolee.
(c) The authority, in the case of parolees, or the juvenile court, in the case of youth
committed to the division for placement in community programs, shall be immediately notified,
in writing, of any violation of law or of conditions of parole or placement.
(3) Case management staff shall:
(a) conduct investigations and make reports requested by the courts to aid them in
determining appropriate case dispositions[. Case management staff shall also]; and
(b) conduct investigations and make reports requested by the authority to aid it in making
appropriate dispositions in cases of parole, revocation, and termination.
Section 27. Section 76-8-306 is amended to read:
76-8-306. Obstruction of justice -- Elements -- Penalties -- Exceptions.
(1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or
prevent the investigation, apprehension, prosecution, conviction, or punishment of any person
regarding conduct that constitutes a criminal offense:
(a) provides any person with a weapon;
(b) prevents by force, intimidation, or deception, any person from performing any act that
might aid in the discovery, apprehension, prosecution, conviction, or punishment of any person;
(c) alters, destroys, conceals, or removes any item or other thing;
(d) makes, presents, or uses any item or thing known by the actor to be false;
(e) harbors or conceals a person;
(f) provides a person with transportation, disguise, or other means of avoiding discovery
or apprehension;
(g) warns any person of impending discovery or apprehension;
(h) conceals information that is not privileged and that concerns the offense, after a judge
or magistrate has ordered the actor to provide the information; or

(i) provides false information regarding a suspect, a witness, the conduct constituting an
offense, or any other material aspect of the investigation.
(2) (a) As used in this section, "conduct that constitutes a criminal offense" means
conduct that would be punishable as a crime and is separate from a violation of this section, and
includes:
(i) any violation of a criminal statute or ordinance of this state, its political subdivisions,
any other state, or any district, possession, or territory of the United States; and
(ii) conduct committed by a juvenile which would be a crime if committed by an adult.
(b) A violation of a criminal statute that is committed in another state, or any district,
possession, or territory of the United States, is a:
(i) capital felony if the penalty provided includes death or life imprisonment without
parole;
(ii) a first degree felony if the penalty provided includes life imprisonment with parole or
a maximum term of imprisonment exceeding 15 years;
(iii) a second degree felony if the penalty provided exceeds five years;
(iv) a third degree felony if the penalty provided includes imprisonment for any period
exceeding one year; and
(v) a misdemeanor if the penalty provided includes imprisonment for any period of one
year or less.
(3) The penalties for obstruction of justice are:
(a) a second degree felony if the conduct which constitutes an offense would be a capital
felony or first degree felony;
(b) a third degree felony if:
(i) the conduct that constitutes an offense would be a second or third degree felony and
the actor violates Subsection (1)(b), (c), (d), (e), or (f);
(ii) the conduct that constitutes an offense would be any offense other than a capital or
first degree felony and the actor violates Subsection (1)(a); or
(iii) the obstruction of justice is presented or committed before a court of law; or

(c) a class A misdemeanor for any violation of this section that is not enumerated under
Subsection (3)(a) or (b).
(4) It is not a defense that the actor was unaware of the level of penalty for the conduct
constituting an offense.
(5) Subsection (1)(e) does not apply to harboring a youth offender, which is governed by
Section [ 62A-7-106 ] 62A-7-402 .
(6) Subsection (1)(b) does not apply to:
(a) tampering with a juror, which is governed by Section 76-8-508.5 ;
(b) influencing, impeding, or retaliating against a judge or member of the Board of
Pardons and Parole, which is governed by Section 76-8-316 ;
(c) tampering with a witness or soliciting or receiving a bribe, which is governed by
Section 76-8-508 ;
(d) retaliation against a witness, victim, or informant, which is governed by Section
76-8-508.3 ; or
(e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section
76-8-509 .
(7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony if
the actor harbors or conceals an offender who has escaped from official custody as defined in
Section 76-8-309 .
Section 28. Section 76-8-418 is amended to read:
76-8-418. Damaging jails.
A person who willfully and intentionally breaks down, pulls down, destroys, floods, or
otherwise damages any public jail or other place of confinement, including a detention, shelter,
or secure confinement facility for juveniles, is guilty of a felony of the third degree.
Section 29. Section 77-37-3 is amended to read:
77-37-3. Bill of Rights.
(1) The bill of rights for victims and witnesses is:
(a) Victims and witnesses have a right to be informed as to the level of protection from

intimidation and harm available to them, and from what sources, as they participate in criminal
justice proceedings as designated by Section 76-8-508 , regarding witness tampering, and Section
76-8-509 , regarding threats against a victim. Law enforcement, prosecution, and corrections
personnel have the duty to timely provide this information in a form that is useful to the victim.
(b) Victims and witnesses, including children and their guardians, have a right to be
informed and assisted as to their role in the criminal justice process. All criminal justice
agencies have the duty to provide this information and assistance.
(c) Victims and witnesses have a right to clear explanations regarding relevant legal
proceedings; these explanations shall be appropriate to the age of child victims and witnesses.
All criminal justice agencies have the duty to provide these explanations.
(d) Victims and witnesses should have a secure waiting area that does not require them to
be in close proximity to defendants or the family and friends of defendants. Agencies controlling
facilities shall, whenever possible, provide this area.
(e) Victims are entitled to restitution or reparations, including medical costs, as provided
in Title 63, Chapter 25a, Criminal Justice and Substance Abuse, and Sections [ 62A-7-122 ]
62A-7-109 , 77-38a-302 , and 77-27-6 . State and local government agencies that serve victims
have the duty to have a functional knowledge of the procedures established by the Utah Crime
Victims' Reparations Board and to inform victims of these procedures.
(f) Victims and witnesses have a right to have any personal property returned as provided
in Sections 77-24-1 through 77-24-5 . Criminal justice agencies shall expeditiously return the
property when it is no longer needed for court law enforcement or prosecution purposes.
(g) Victims and witnesses have the right to reasonable employer intercession services,
including pursuing employer cooperation in minimizing employees' loss of pay and other benefits
resulting from their participation in the criminal justice process. Officers of the court shall
provide these services and shall consider victims' and witnesses' schedules so that activities
which conflict can be avoided. Where conflicts cannot be avoided, the victim may request that
the responsible agency intercede with employers or other parties.
(h) Victims and witnesses, particularly children, should have a speedy disposition of the

entire criminal justice process. All involved public agencies shall establish policies and
procedures to encourage speedy disposition of criminal cases.
(i) Victims and witnesses have the right to timely notice of judicial proceedings they are
to attend and timely notice of cancellation of any proceedings. Criminal justice agencies have
the duty to provide these notifications. Defense counsel and others have the duty to provide
timely notice to prosecution of any continuances or other changes that may be required.
(j) Victims of sexual offenses have a right to be informed of their right to request
voluntary testing for themselves for HIV infection as provided in Section 76-5-503 and to request
mandatory testing of the convicted sexual offender for HIV infection as provided in Section
76-5-502 . The law enforcement office where the sexual offense is reported shall have the
responsibility to inform victims of this right.
(2) Informational rights of the victim under this chapter are based upon the victim
providing his current address and telephone number to the criminal justice agencies involved in
the case.
Section 30. Section 78-3a-113 is amended to read:
78-3a-113. Minor taken into custody by peace officer, private citizen, or probation
officer -- Grounds -- Notice requirements -- Release or detention -- Grounds for peace
officer to take adult into custody.
(1) A minor may be taken into custody by a peace officer without order of the court if:
(a) in the presence of the officer the minor has violated a state law, federal law, local law,
or municipal ordinance;
(b) there are reasonable grounds to believe the minor has committed an act which if
committed by an adult would be a felony;
(c) the minor is seriously endangered in his surroundings or if the minor seriously
endangers others, and immediate removal appears to be necessary for his protection or the
protection of others;
(d) there are reasonable grounds to believe the minor has run away or escaped from his
parents, guardian, or custodian; or

(e) there is reason to believe the minor is subject to the state's compulsory education law
and that the minor is absent from school without legitimate or valid excuse, subject to Section
53A-11-105 .
(2) (a) A private citizen or a probation officer may take a minor into custody if under the
circumstances he could make a citizen's arrest if the minor was an adult.
(b) A probation officer may also take a minor into custody under Subsection (1) or if the
minor has violated the conditions of probation, if the minor is under the continuing jurisdiction
of the juvenile court or in emergency situations in which a peace officer is not immediately
available.
(3) (a) (i) If an officer or other person takes a minor into temporary custody, he shall
without unnecessary delay notify the parents, guardian, or custodian.
(ii) The minor shall then be released to the care of his parent or other responsible adult,
unless his immediate welfare or the protection of the community requires his detention.
(b) If the minor is taken into custody or detention for a violent felony, as defined in
Section 76-3-203.5 , or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the
officer or other law enforcement agent taking the minor into custody shall, as soon as practicable
or as established under Subsection 53A-11-1001 (2), notify the school superintendent of the
district in which the minor resides or attends school for the purposes of the minor's supervision
and student safety.
(i) The notice shall disclose only:
(A) the name of the minor;
(B) the offense for which the minor was taken into custody or detention; and
(C) if available, the name of the victim, if the victim:
(I) resides in the same school district as the minor; or
(II) attends the same school as the minor.
(ii) The notice shall be classified as a protected record under Section 63-2-304 .
(iii) All other records disclosures are governed by Title 63, Chapter 2, Government
Records Access and Management Act and the Federal Family Educational Rights and Privacy

Act.
(c) Employees of a governmental agency are immune from any criminal liability for
providing or failing to provide the information required by this section unless the person acts or
fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
(d) Before the minor is released, the parent or other person to whom the minor is released
shall be required to sign a written promise on forms supplied by the court to bring the minor to
the court at a time set or to be set by the court.
(4) (a) A minor may not be held in temporary custody by law enforcement any longer
than is reasonably necessary to obtain his name, age, residence, and other necessary information
and to contact his parents, guardian, or custodian.
(b) If the minor is not released under Subsection (3), he shall be taken to a place of
detention or shelter without unnecessary delay.
(5) (a) The person who takes a minor to a detention or shelter facility shall promptly file
with the detention or shelter facility a written report on a form provided by the division stating
the details of the presently alleged offense, the facts which bring the minor within the jurisdiction
of the juvenile court, and the reason the minor was not released by law enforcement.
(b) (i) The designated youth corrections facility staff person shall immediately review the
form and determine, based on the guidelines for detention admissions established by the Division
of Juvenile Justice Services under [Sections 62A-7-104 and 62A-7-205 ] Section 62A-7-202 ,
whether to admit the minor to secure detention, admit the minor to home detention, place the
minor in a placement other than detention, or return the minor home upon written promise to
bring the minor to the court at a time set, or without restriction.
(ii) If the designated youth corrections facility staff person determines to admit the minor
to home detention, that staff person shall notify the juvenile court of that determination. The
court shall order that notice be provided to the designated persons in the local law enforcement
agency and the school or transferee school, if applicable, which the minor attends of the home
detention. The designated persons may receive the information for purposes of the minor's
supervision and student safety.

(iii) Any employee of the local law enforcement agency and the school which the minor
attends who discloses the notification of home detention is not:
(A) civilly liable except when disclosure constitutes fraud or willful misconduct as
provided in Section 63-30d-202 ; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation of
Section 63-2-801 .
(c) A minor may not be admitted to detention unless the minor is detainable based on the
guidelines or the minor has been brought to detention pursuant to a judicial order or division
warrant pursuant to [Subsection 62A-7-112 (8)] Section 62A-7-504 .
(d) If a minor taken to detention does not qualify for admission under the guidelines
established by the division under Sections 62A-7-104 and 62A-7-205 , detention staff shall
arrange appropriate placement.
(e) If a minor is taken into custody and admitted to a secure detention or shelter facility,
facility staff shall immediately notify the minor's parents, guardian, or custodian and shall
promptly notify the court of the placement.
(f) If the minor is admitted to a secure detention or shelter facility outside the county of
his residence and it is determined in the hearing held under Subsection 78-3a-114 (3) that
detention shall continue, the judge or commissioner shall direct the sheriff of the county of the
minor's residence to transport the minor to a detention or shelter facility as provided in this
section.
(6) A person may be taken into custody by a peace officer without a court order if the
person is in apparent violation of a protective order or if there is reason to believe that a minor is
being abused by the person and any of the situations outlined in Section 77-7-2 exist.
Section 31. Repealer.
This bill repeals:
Section 62A-7-204, Detention -- Home detention services.
Section 62A-7-205, Detention -- Admission guidelines.
Section 32. Effective date.

If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.