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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses duties of prosecutors;
13 ▸ modifies adjudications of minors under the Alcoholic Beverage Control Act;
14 ▸ amends provisions related to sanctions and driver licenses;
15 ▸ addresses education of certain persons under 21 years of age;
16 ▸ amends provisions related to powers and duties of local school boards, charter
17 school governing boards, school districts, or public school administrators;
18 ▸ addresses reporting of certain conduct;
19 ▸ addresses public school discipline policies;
20 ▸ modifies provisions related to rules addressing prohibited conduct;
21 ▸ enacts an approach to disciplinary actions related to students;
22 ▸ amends provisions related to disruptive student behavior;
23 ▸ addresses contracts between LEAs and law enforcement for school resource officer
24 services;
25 ▸ modifies provisions related to controlled substances and prohibited acts;
26 ▸ modifies sentencing requirements for minors and drug paraphernalia and controlled
27 substances;
28 ▸ repeals language regarding programs and procedures for minors committed to the
29 custody of the Division of Child and Family Services;
30 ▸ amends provisions related to in-home services;
31 ▸ amends definition provisions;
32 ▸ addresses expenditure of money by the Department of Human Services;
33 ▸ modifies provisions related to the Division of Juvenile Justice Services;
34 ▸ modifies provisions related to restitution by a youth offender;
35 ▸ addresses location of detention facilities and services;
36 ▸ addresses commitment;
37 ▸ modifies provisions related to the Youth Parole Authority;
38 ▸ addresses discharge of youth offender;
39 ▸ addresses youth services for prevention and early intervention;
40 ▸ addresses community-based programs;
41 ▸ modifies provisions related to the Commission on Criminal and Juvenile Justice;
42 ▸ amends provisions related to minors and intoxication;
43 ▸ amends provisions related to the buying and possession of a cigar, cigarette,
44 electronic cigarette, or tobacco;
45 ▸ addresses the jurisdiction of the juvenile court;
46 ▸ enacts language regarding warrants;
47 ▸ addresses when a minor may be taken into custody;
48 ▸ addresses summons;
49 ▸ repeals language regarding bench warrants;
50 ▸ modifies provisions related to minors being taken into custody or detention or
51 alternatives;
52 ▸ addresses when the attorney general represents the Division of Child and Family
53 Services;
54 ▸ modifies provisions related to the adjudication in juvenile courts;
55 ▸ addresses a judgment, decree, or order and the rights and responsibilities of agency
56 or individual granted custody, probation, or protective supervision;
57 ▸ addresses fines, fees, and restitution;
58 ▸ enacts provisions related to case planning and appropriate responses;
59 ▸ enacts provisions related to detention risk assessment tool;
60 ▸ amends provisions related to prosecutors and review of case;
61 ▸ modifies the citation procedure;
62 ▸ addresses a minor held in detention;
63 ▸ modifies suspension of driver license;
64 ▸ modifies jurisdiction of district court;
65 ▸ modifies enforcement of contempt or a fine, fee, or restitution;
66 ▸ addresses youth court;
67 ▸ addresses jurisdiction of courts; and
68 ▸ makes technical and conforming amendments.
69 Money Appropriated in this Bill:
70 None
71 Other Special Clauses:
72 This bill provides a special effective date.
73 This bill provides revisor instructions.
74 Utah Code Sections Affected:
75 AMENDS:
76 17-18a-404, as enacted by Laws of Utah 2013, Chapter 237
77 32B-4-409, as last amended by Laws of Utah 2015, Chapter 165
78 32B-4-410, as last amended by Laws of Utah 2015, Chapter 165
79 32B-4-411, as last amended by Laws of Utah 2015, Chapter 165
80 53A-1-403, as last amended by Laws of Utah 2011, Chapter 359
81 53A-3-402, as last amended by Laws of Utah 2016, Chapter 144
82 53A-11-101.7, as last amended by Laws of Utah 2014, Chapter 359
83 53A-11-103, as last amended by Laws of Utah 2012, Chapter 203
84 53A-11-105, as last amended by Laws of Utah 2008, Chapter 3
85 53A-11-403, as enacted by Laws of Utah 1988, Chapter 2
86 53A-11-901, as last amended by Laws of Utah 2015, Chapter 442
87 53A-11-908, as last amended by Laws of Utah 2010, Chapter 114
88 53A-11-910, as last amended by Laws of Utah 2008, Chapter 250
89 53A-11-1302, as renumbered and amended by Laws of Utah 2008, Chapter 3
90 53A-11-1604, as enacted by Laws of Utah 2016, Chapter 165
91 58-37-8, as last amended by Laws of Utah 2016, Chapters 99 and 348
92 58-37a-7, as enacted by Laws of Utah 2015, Chapter 165
93 58-37b-9, as enacted by Laws of Utah 2015, Chapter 165
94 62A-4a-105, as last amended by Laws of Utah 2016, Chapter 296
95 62A-4a-201, as last amended by Laws of Utah 2015, Chapter 274
96 62A-4a-202, as last amended by Laws of Utah 2014, Chapter 265
97 62A-4a-208, as last amended by Laws of Utah 2009, Chapter 75
98 62A-4a-250, as last amended by Laws of Utah 2008, Chapter 3
99 62A-7-101, as last amended by Laws of Utah 2008, Chapter 3
100 62A-7-104, as last amended by Laws of Utah 2015, Chapter 210
101 62A-7-107.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
102 62A-7-109.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
103 62A-7-201, as last amended by Laws of Utah 2015, Chapter 338
104 62A-7-202, as last amended by Laws of Utah 2008, Chapter 382
105 62A-7-404, as renumbered and amended by Laws of Utah 2005, Chapter 13
106 62A-7-501, as last amended by Laws of Utah 2010, Chapter 286
107 62A-7-504, as renumbered and amended by Laws of Utah 2005, Chapter 13
108 62A-7-506, as renumbered and amended by Laws of Utah 2005, Chapter 13
109 62A-7-601, as renumbered and amended by Laws of Utah 2005, Chapter 13
110 62A-7-701, as renumbered and amended by Laws of Utah 2005, Chapter 13
111 63I-2-262, as last amended by Laws of Utah 2015, Chapter 258
112 63M-7-204, as last amended by Laws of Utah 2015, Chapter 412
113 63M-7-404, as last amended by Laws of Utah 2015, Chapter 412
114 76-5-413, as last amended by Laws of Utah 2008, Chapter 3
115 76-9-701, as last amended by Laws of Utah 2015, Chapter 165
116 76-10-105, as last amended by Laws of Utah 2010, Chapter 114
117 78A-6-103, as last amended by Laws of Utah 2012, Chapter 316
118 78A-6-105, as last amended by Laws of Utah 2016, Chapters 109 and 351
119 78A-6-109, as last amended by Laws of Utah 2009, Chapter 388
120 78A-6-111, as renumbered and amended by Laws of Utah 2008, Chapter 3
121 78A-6-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
122 78A-6-113, as last amended by Laws of Utah 2010, Chapter 38
123 78A-6-115, as last amended by Laws of Utah 2010, Chapter 34
124 78A-6-117, as last amended by Laws of Utah 2016, Chapter 418
125 78A-6-118, as renumbered and amended by Laws of Utah 2008, Chapter 3
126 78A-6-119, as renumbered and amended by Laws of Utah 2008, Chapter 3
127 78A-6-120, as last amended by Laws of Utah 2014, Chapter 217
128 78A-6-121, as renumbered and amended by Laws of Utah 2008, Chapter 3
129 78A-6-302, as last amended by Laws of Utah 2016, Chapter 231
130 78A-6-306, as last amended by Laws of Utah 2015, Chapter 274
131 78A-6-312, as last amended by Laws of Utah 2016, Chapter 231
132 78A-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 3
133 78A-6-602, as last amended by Laws of Utah 2013, Chapter 237
134 78A-6-603, as renumbered and amended by Laws of Utah 2008, Chapter 3
135 78A-6-604, as renumbered and amended by Laws of Utah 2008, Chapter 3
136 78A-6-606, as last amended by Laws of Utah 2015, Chapters 165 and 258
137 78A-6-701, as last amended by Laws of Utah 2015, Chapter 338
138 78A-6-1101, as renumbered and amended by Laws of Utah 2008, Chapter 3
139 78A-6-1202, as last amended by Laws of Utah 2010, Chapter 276
140 78A-6-1203, as last amended by Laws of Utah 2013, Chapter 27
141 78A-6-1302, as last amended by Laws of Utah 2013, Chapter 278
142 78A-7-106, as last amended by Laws of Utah 2016, Chapter 33
143 ENACTS:
144 53A-11-911, Utah Code Annotated 1953
145 62A-1-111.5, Utah Code Annotated 1953
146 63M-7-208, Utah Code Annotated 1953
147 78A-6-106.5, Utah Code Annotated 1953
148 78A-6-117.5, Utah Code Annotated 1953
149 78A-6-123, Utah Code Annotated 1953
150 78A-6-124, Utah Code Annotated 1953
151 Utah Code Sections Affected by Revisor Instructions:
152 62A-1-111.5, Utah Code Annotated 1953
153
154 Be it enacted by the Legislature of the state of Utah:
155 Section 1. Section 17-18a-404 is amended to read:
156 17-18a-404. Juvenile proceedings.
157 For a proceeding involving a charge of juvenile delinquency, [
158 status offense, a prosecutor shall:
159 (1) review cases pursuant to Section 78A-6-602; and
160 (2) appear and prosecute for the state in the juvenile court of the county.
161 Section 2. Section 32B-4-409 is amended to read:
162 32B-4-409. Unlawful purchase, possession, consumption by minor -- Measurable
163 amounts in body.
164 (1) Unless specifically authorized by this title, it is unlawful for a minor to:
165 (a) purchase an alcoholic product;
166 (b) attempt to purchase an alcoholic product;
167 (c) solicit another person to purchase an alcoholic product;
168 (d) possess an alcoholic product;
169 (e) consume an alcoholic product; or
170 (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
171 (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
172 product for a minor for:
173 (a) a minor to misrepresent the minor's age; or
174 (b) any other person to misrepresent the age of a minor.
175 (3) It is unlawful for a minor to possess or consume an alcoholic product while riding
176 in a limousine or chartered bus.
177 (4) (a) If a minor is found by a court to have violated this section and the violation is
178 the minor's first violation of this section, the court may:
179 (i) order the minor to complete a screening as defined in Section 41-6a-501;
180 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
181 screening indicates an assessment to be appropriate; and
182 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
183 or substance [
184 (b) If a minor is found by a court to have violated this section and the violation is the
185 minor's second or subsequent violation of this section, the court shall:
186 (i) order the minor to complete a screening as defined in Section 41-6a-501;
187 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
188 screening indicates an assessment to be appropriate; and
189 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
190 or substance [
191 (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
192 found by a court to have violated this section, except as provided in Section 32B-4-411, the
193 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
194 (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
195 suspension period required under Section 53-3-219 if:
196 (i) the violation is the minor's first violation of this section; and
197 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
198 (B) the minor demonstrates substantial progress in substance [
199 treatment.
200 (c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
201 requirements of Section 53-3-219, the court may reduce the suspension period required under
202 Section 53-3-219 if:
203 (i) the violation is the minor's second or subsequent violation of this section;
204 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
205 demonstrated substantial progress in substance [
206 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
207 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
208 consecutive period during the suspension period imposed under Subsection (5)(a); or
209 (B) the person is under 18 years of age and has the person's parent or legal guardian
210 provide an affidavit or sworn statement to the court certifying that to the parent or legal
211 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
212 one-year consecutive period during the suspension period imposed under Subsection (5)(a).
213 (6) When a minor who is [
214 found by the court to have violated this section, Section 78A-6-606 applies to the violation.
215 (7) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section
216 78A-6-117, the court may only order substance use disorder treatment or an educational series
217 if the minor has an assessed need for the intervention on the basis of the results of a validated
218 assessment.
219 [
220 violation of this section, the Driver License Division shall suspend the person's license under
221 Section 53-3-219.
222 [
223 of a person for a driving offense committed while the person's license is suspended pursuant to
224 this section, the Department of Public Safety shall extend the suspension for an additional like
225 period of time.
226 [
227 in accordance with this title:
228 (a) for medicinal purposes if:
229 (i) the minor is at least 18 years old; or
230 (ii) the alcoholic product is furnished by:
231 (A) the parent or guardian of the minor; or
232 (B) the minor's health care practitioner, if the health care practitioner is authorized by
233 law to write a prescription; or
234 (b) as part of a religious organization's religious services.
235 Section 3. Section 32B-4-410 is amended to read:
236 32B-4-410. Unlawful admittance or attempt to gain admittance by minor.
237 (1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
238 premises of:
239 (a) a tavern; or
240 (b) a social club licensee, except to the extent authorized by Section 32B-6-406.1.
241 (2) A minor who violates this section is guilty of a class C misdemeanor.
242 (3) (a) If a minor is found by a court to have violated this section and the violation is
243 the minor's first violation of this section, the court may:
244 (i) order the minor to complete a screening as defined in Section 41-6a-501;
245 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
246 screening indicates an assessment to be appropriate; and
247 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
248 or substance [
249 (b) If a minor is found by a court to have violated this section and the violation is the
250 minor's second or subsequent violation of this section, the court shall:
251 (i) order the minor to complete a screening as defined in Section 41-6a-501;
252 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
253 screening indicates an assessment to be appropriate; and
254 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
255 or substance [
256 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
257 found by a court to have violated this section, except as provided in Section 32B-4-411, the
258 court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
259 (b) Notwithstanding [
260 suspension period required under Section 53-3-219 if:
261 (i) the violation is the minor's first violation of this section; and
262 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
263 (B) the minor demonstrates substantial progress in substance [
264 treatment.
265 (c) Notwithstanding [
266
267 Section 53-3-219 if:
268 (i) the violation is the minor's second or subsequent violation of this section;
269 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
270 demonstrated substantial progress in substance [
271 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
272 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
273 consecutive period during the suspension period imposed under Subsection (4)(a); or
274 (B) the person is under 18 years of age and has the person's parent or legal guardian
275 provide an affidavit or sworn statement to the court certifying that to the parent or legal
276 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
277 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
278 (5) When a minor who is [
279 found by a court to have violated this section, Section 78A-6-606 applies to the violation.
280 (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
281 78A-6-117, the court may only order substance use disorder treatment or an educational series
282 if the minor has an assessed need for the intervention on the basis of the results of a validated
283 assessment.
284 [
285 violation of this section, the Driver License Division shall suspend the person's license under
286 Section 53-3-219.
287 [
288 of a person for a driving offense committed while the person's license is suspended pursuant to
289 this section, the Department of Public Safety shall extend the suspension for an additional like
290 period of time.
291 Section 4. Section 32B-4-411 is amended to read:
292 32B-4-411. Minor's unlawful use of proof of age.
293 (1) As used in this section, "proof of age violation" means a violation by a minor of:
294 (a) Chapter 1, Part 4, Proof of Age Act; or
295 (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
296 Part 4, Proof of Age Act:
297 (i) Section 32B-4-409; or
298 (ii) Section 32B-4-410.
299 (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
300 penalties provided for in Subsection (1):
301 (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
302 (ii) for a second violation, the minor is guilty of a class A misdemeanor; and
303 (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
304 except that the court may impose:
305 (A) a fine of up to $5,000;
306 (B) screening, assessment, or substance [
307 Section 41-6a-501;
308 (C) an educational series, as defined in Section 41-6a-501;
309 (D) alcoholic product related community service or compensatory service work
310 program hours;
311 (E) fees for restitution and treatment costs;
312 (F) defensive driver education courses; or
313 (G) a combination of these penalties; and
314 (b) (i) for a minor who is [
315 (A) the court [
316 adjudication under Title 78A, Chapter 6, Juvenile Court Act [
317 this section; and
318 (B) the provisions regarding suspension of a driver license under Section 78A-6-606
319 apply; and
320 (ii) for a minor who is at least 18 years old, but younger than 21 years old:
321 (A) the court shall forward to the Driver License Division a record of conviction for a
322 violation under this section; and
323 (B) the Driver License Division shall suspend the person's license under Section
324 53-3-220.
325 (c) Notwithstanding Subsection (2)(a), if a minor is adjudicated under Section
326 78A-6-117, the court may order:
327 (i) substance use disorder treatment or an educational series only if the minor has an
328 assessed need for the intervention based on the results of a validated assessment; and
329 (ii) a fine, fee, service hours, or costs in accordance with Section 78A-6-117.
330 (3) (a) Notwithstanding [
331 the suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(3)(d) if:
332 (i) the violation is the minor's first violation of [
333 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
334 (B) the minor demonstrates substantial progress in substance [
335 treatment.
336 (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
337 suspension period under Subsection 53-3-220(1)(e) or 78A-6-606(3)(d) if:
338 (i) the violation is the minor's second or subsequent violation of [
339 this section;
340 (ii) the person has completed an educational series as defined in Section 41-6a-501 or
341 demonstrated substantial progress in substance [
342 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
343 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
344 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
345 78A-6-606(3)(d); or
346 (B) the minor is under 18 years of age and has the minor's parent or legal guardian
347 provide an affidavit or sworn statement to the court certifying that to the parent or legal
348 guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a
349 one-year consecutive period during the suspension period imposed under Subsection
350 53-3-220(1)(e) or 78A-6-606(3)(d).
351 (4) When the Department of Public Safety receives the arrest or conviction record of an
352 individual for a driving offense committed while the individual's license is suspended pursuant
353 to this section, the Department of Public Safety shall extend the suspension for an additional
354 like period of time.
355 (5) A court may not fail to enter a judgment of conviction under this section under a
356 plea in abeyance agreement.
357 Section 5. Section 53A-1-403 is amended to read:
358 53A-1-403. Education of persons under 21 in custody of or receiving services
359 from certain state agencies -- Establishment of coordinating council -- Advisory councils.
360 (1) For purposes of this section, "board" means the State Board of Education.
361 (2) (a) The board is directly responsible for the education of all persons under the age
362 of 21 who are:
363 (i) [
364 (ii) in the custody of an equivalent agency of a Native American tribe recognized by
365 the United States Bureau of Indian Affairs and whose custodial parent or legal guardian resides
366 within the state; or
367 (iii) being held in a juvenile detention facility.
368 (b) The board shall adopt rules, in accordance with Title 63G, Chapter 3, Utah
369 Administrative Rulemaking Act, to provide for the distribution of funds for the education of
370 persons described in Subsection (2)(a).
371 (3) Subsection (2)(a)(ii) does not apply to persons taken into custody for the primary
372 purpose of obtaining access to education programs provided for youth in custody.
373 (4) The board shall, where feasible, contract with school districts or other appropriate
374 agencies to provide educational, administrative, and supportive services, but the board shall
375 retain responsibility for the programs.
376 (5) The Legislature shall establish and maintain separate education budget categories
377 for youth in custody or who are under the jurisdiction of the following state agencies:
378 (a) detention centers and the Divisions of Juvenile Justice Services and Child and
379 Family Services;
380 (b) the Division of Substance Abuse and Mental Health; and
381 (c) the Division of Services for People with Disabilities.
382 (6) (a) The Department of Human Services and the State Board of Education shall
383 appoint a coordinating council to plan, coordinate, and recommend budget, policy, and
384 program guidelines for the education and treatment of persons in the custody of the Division of
385 Juvenile Justice Services and the Division of Child and Family Services.
386 (b) The department and board may appoint similar councils for those in the custody of
387 the Division of Substance Abuse and Mental Health or the Division of Services for People with
388 Disabilities.
389 (7) A school district contracting to provide services under Subsection (4) shall
390 establish an advisory council to plan, coordinate, and review education and treatment programs
391 for persons held in custody in the district.
392 Section 6. Section 53A-3-402 is amended to read:
393 53A-3-402. Powers and duties generally.
394 (1) [
395 (a) implement the core standards for Utah public schools [
396 materials that best correlate to the core standards for Utah public schools and graduation
397 requirements;
398 (b) administer tests, required by the State Board of Education, which measure the
399 progress of each student, and coordinate with the state superintendent and State Board of
400 Education to assess results and create plans to improve the student's progress, which shall be
401 submitted to the State Board of Education for approval;
402 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
403 students that need remediation and determine the type and amount of federal, state, and local
404 resources to implement remediation;
405 (d) develop early warning systems for students or classes failing to make progress;
406 (e) work with the State Board of Education to establish a library of documented best
407 practices, consistent with state and federal regulations, for use by the local districts; and
408 (f) implement training programs for school administrators, including basic
409 management training, best practices in instructional methods, budget training, staff
410 management, managing for learning results and continuous improvement, and how to help
411 every child achieve optimal learning in basic academic subjects.
412 (2) Local school boards shall spend minimum school program funds for programs and
413 activities for which the State Board of Education has established minimum standards or rules
414 under Section 53A-1-402.
415 (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
416 and equipment and construct, erect, and furnish school buildings.
417 (b) School sites or buildings may only be conveyed or sold on board resolution
418 affirmed by at least two-thirds of the members.
419 (4) (a) A board may participate in the joint construction or operation of a school
420 attended by children residing within the district and children residing in other districts either
421 within or outside the state.
422 (b) Any agreement for the joint operation or construction of a school shall:
423 (i) be signed by the president of the board of each participating district;
424 (ii) include a mutually agreed upon pro rata cost; and
425 (iii) be filed with the State Board of Education.
426 (5) A board may establish, locate, and maintain elementary, secondary, and applied
427 technology schools.
428 (6) Except as provided in Section 53A-1-1001, a board may enroll children in school
429 who are at least five years of age before September 2 of the year in which admission is sought.
430 (7) A board may establish and support school libraries.
431 (8) A board may collect damages for the loss, injury, or destruction of school property.
432 (9) A board may authorize guidance and counseling services for children and their
433 parents or guardians [
434 schools.
435 (10) (a) A board shall administer and implement federal educational programs in
436 accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education
437 Programs Act.
438 (b) Federal funds are not considered funds within the school district budget under Title
439 53A, Chapter 19, Public School Budgets.
440 (11) (a) A board may organize school safety patrols and adopt rules under which the
441 patrols promote student safety.
442 (b) A student appointed to a safety patrol shall be at least 10 years old and have written
443 parental consent for the appointment.
444 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
445 of a highway intended for vehicular traffic use.
446 (d) Liability may not attach to a school district, its employees, officers, or agents or to a
447 safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
448 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
449 (12) (a) A board may on its own behalf, or on behalf of an educational institution for
450 which the board is the direct governing body, accept private grants, loans, gifts, endowments,
451 devises, or bequests that are made for educational purposes.
452 (b) These contributions are not subject to appropriation by the Legislature.
453 (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
454 citations for violations of Subsection 76-10-105(2).
455 (b) A person may not be appointed to serve as a compliance officer without the
456 person's consent.
457 (c) A teacher or student may not be appointed as a compliance officer.
458 (14) A board shall adopt bylaws and rules for [
459 (15) (a) A board shall make and enforce rules necessary for the control and
460 management of the district schools.
461 (b) [
462 public access.
463 (16) A board may hold school on legal holidays other than Sundays.
464 (17) (a) [
465 committee to implement this Subsection (17).
466 (b) The committee shall be composed of one representative of:
467 (i) the schools within the district;
468 (ii) the Parent Teachers' Association of the schools within the district;
469 (iii) the municipality or county;
470 (iv) state or local law enforcement; and
471 (v) state or local traffic safety engineering.
472 (c) The committee shall:
473 (i) receive suggestions from school community councils, parents, teachers, and others
474 and recommend school traffic safety improvements, boundary changes to enhance safety, and
475 school traffic safety program measures;
476 (ii) review and submit annually to the Department of Transportation and affected
477 municipalities and counties a child access routing plan for each elementary, middle, and junior
478 high school within the district;
479 (iii) consult the Utah Safety Council and the Division of Family Health Services and
480 provide training to all school children in kindergarten through grade six, within the district, on
481 school crossing safety and use; and
482 (iv) help ensure the district's compliance with rules made by the Department of
483 Transportation under Section 41-6a-303.
484 (d) The committee may establish subcommittees as needed to assist in accomplishing
485 its duties under Subsection (17)(c).
486 (18) (a) [
487 response plan to prevent and combat violence in [
488 school grounds, on its school vehicles, and in connection with school-related activities or
489 events.
490 (b) The plan shall:
491 (i) include prevention, intervention, and response components;
492 (ii) be consistent with the student conduct and discipline policies required for school
493 districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
494 (iii) require inservice training for all district and school building staff on what their
495 roles are in the emergency response plan;
496 (iv) provide for coordination with local law enforcement and other public safety
497 representatives in preventing, intervening, and responding to violence in the areas and activities
498 referred to in Subsection (18)(a); and
499 (v) include procedures to notify a student, to the extent practicable, who is off campus
500 at the time of a school violence emergency because the student is:
501 (A) participating in a school-related activity; or
502 (B) excused from school for a period of time during the regular school day to
503 participate in religious instruction at the request of the student's parent or guardian.
504 (c) The State Board of Education, through the state superintendent of public
505 instruction, shall develop comprehensive emergency response plan models that local school
506 boards may use, where appropriate, to comply with Subsection (18)(a).
507 (d) [
508 of Education that its plan has been practiced at the school level and presented to and reviewed
509 by its teachers, administrators, students, and their parents and local law enforcement and public
510 safety representatives.
511 (19) (a) [
512 treatment of sports-related injuries that occur during school sports practices and events.
513 (b) The plan may be implemented by each secondary school in the district that has a
514 sports program for students.
515 (c) The plan may:
516 (i) include emergency personnel, emergency communication, and emergency
517 equipment components;
518 (ii) require inservice training on the emergency response plan for school personnel who
519 are involved in sports programs in the district's secondary schools; and
520 (iii) provide for coordination with individuals and agency representatives who:
521 (A) are not employees of the school district; and
522 (B) would be involved in providing emergency services to students injured while
523 participating in sports events.
524 (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
525 review the plan each year and make revisions when required to improve or enhance the plan.
526 (e) The State Board of Education, through the state superintendent of public
527 instruction, shall provide local school boards with an emergency plan response model that local
528 boards may use to comply with the requirements of this Subsection (19).
529 (20) A board shall do all other things necessary for the maintenance, prosperity, and
530 success of the schools and the promotion of education.
531 (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
532 (i) hold a public hearing, as defined in Section 10-9a-103; and
533 (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
534 (b) The notice of a public hearing required under Subsection (21)(a) shall:
535 (i) indicate the:
536 (A) school or schools under consideration for closure or boundary change; and
537 (B) date, time, and location of the public hearing; and
538 (ii) at least 10 days [
539 (A) published:
540 (I) in a newspaper of general circulation in the area; and
541 (II) on the Utah Public Notice Website created in Section 63F-1-701; and
542 (B) posted in at least three public locations within the municipality or on the district's
543 official website.
544 (22) A board may implement a facility energy efficiency program established under
545 Title 11, Chapter 44, Performance Efficiency Act.
546 (23) A board may establish or partner with a certified youth court program, in
547 accordance with Section 78A-6-1203, or establish or partner with a comparable restorative
548 justice program, in coordination with schools in that district. A school may refer a student to
549 youth court or a comparable restorative justice program in accordance with Section
550 53A-11-911.
551 Section 7. Section 53A-11-101.7 is amended to read:
552 53A-11-101.7. Truancy -- Notice of truancy -- Failure to cooperate with school
553 authorities.
554 (1) Except as provided in Section 53A-11-102 or 53A-11-102.5, a school-age minor
555 who is enrolled in a public school shall attend the public school in which the school-age minor
556 is enrolled.
557 (2) A local school board, charter school governing board, or school district may impose
558 administrative penalties on a school-age minor in accordance with Section 53A-11-911 who is
559 truant.
560 (3) A local school board or charter school governing board:
561 (a) may authorize a school administrator, a designee of a school administrator, a law
562 enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
563 of truancy to school-age minors who are at least 12 years old; and
564 (b) shall establish a procedure for a school-age minor, or the school-age minor's
565 parents, to contest a notice of truancy.
566 (4) The notice of truancy described in Subsection (3):
567 (a) may not be issued until the school-age minor has been truant at least five times
568 during the school year;
569 (b) may not be issued to a school-age minor who is less than 12 years old;
570 (c) may not be issued to a minor exempt from school attendance as provided in Section
571 53A-11-102 or 53A-11-102.5;
572 (d) shall direct the school-age minor and the parent of the school-age minor to:
573 (i) meet with school authorities to discuss the school-age minor's truancies; and
574 (ii) cooperate with the school board, local charter board, or school district in securing
575 regular attendance by the school-age minor; and
576 (e) shall be mailed to, or served on, the school-age minor's parent.
577 [
578
579 [
580
581
582 [
583
584 [
585
586 [
587 [
588 [
589
590 [
591 [
592 [
593 [
594
595 [
596 [
597 [
598 board, or school district from taking action to resolve a truancy problem with a school-age
599 minor who has been truant less than five times, provided that the action does not conflict with
600 the requirements of this part.
601 [
602
603
604 Section 8. Section 53A-11-103 is amended to read:
605 53A-11-103. Duties of a school board, local charter board, or school district in
606 resolving attendance problems -- Parental involvement -- Liability not imposed.
607 (1) (a) Except as provided in Subsection (1)(b), a local school board, local charter
608 board, or school district shall make efforts to resolve the school attendance problems of each
609 school-age minor who is, or should be, enrolled in the school district.
610 (b) A minor exempt from school attendance under Section 53A-11-102 or
611 53A-11-102.5 is not considered to be a minor who is or should be enrolled in a school district
612 or charter school under Subsection (1)(a).
613 (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
614 (a) counseling of the minor by school authorities;
615 (b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
616 accordance with Section 53A-11-101.7;
617 [
618 [
619 child, in accordance with Section 53A-11-101.5;
620 [
621 special needs of the minor;
622 [
623 [
624 [
625 [
626 available to assist the parent in resolving the school-age minor's attendance problems.
627 (3) In addition to the efforts described in Subsection (2), the local school board, local
628 charter board, or school district may enlist the assistance of community and law enforcement
629 agencies as appropriate and reasonably feasible in accordance with Section 53A-11-911.
630 (4) This section [
631 local school boards, local charter boards, school districts, or their employees.
632 (5) Proceedings initiated under this part do not obligate or preclude action by the
633 Division of Child and Family Services under Section 78A-6-319.
634 Section 9. Section 53A-11-105 is amended to read:
635 53A-11-105. Taking custody of a person believed to be a truant minor --
636 Disposition -- Reports -- Immunity from liability.
637 (1) A peace officer or public school administrator may take a minor into temporary
638 custody if there is reason to believe the minor is a truant minor.
639 (2) An individual taking a school-age minor into custody under Subsection (1) shall,
640 without unnecessary delay, release the minor to:
641 (a) the principal of the minor's school;
642 (b) a person who has been designated by the local school board or local charter board
643 to receive and return the minor to school; or
644 (c) a [
645 (3) If the minor refuses to return to school or go to the [
646 officer or administrator shall, without unnecessary delay, notify the minor's parents and release
647 the minor to their custody.
648 (4) If the parents cannot be reached or are unable or unwilling to accept custody and
649 none of the options in Subsection (2) are available, the minor shall be referred to the Division
650 of Child and Family Services.
651 (5) (a) A local school board or local charter board, singly or jointly with another school
652 board, may establish or designate [
653 and staff the centers with existing teachers or staff to provide educational guidance and
654 counseling for truant minors. Upon receipt of a truant minor, the center shall, without
655 unnecessary delay, notify and direct the minor's parents to come to the center, pick up the
656 minor, and return the minor to the school in which the minor is enrolled.
657 (b) If the parents cannot be reached or are unable or unwilling to comply with the
658 request within a reasonable time, the center shall take such steps as are reasonably necessary to
659 insure the safety and well being of the minor, including, when appropriate, returning the minor
660 to school or referring the minor to the Division of Child and Family Services. A minor taken
661 into custody under this section may not be placed in a detention center or other secure
662 confinement facility.
663 (6) Action taken under this section shall be reported to the appropriate school district.
664 The district shall promptly notify the minor's parents of the action taken.
665 (7) The Utah Governmental Immunity Act applies to all actions taken under this
666 section.
667 (8) Nothing in this section may be construed to grant authority to a public school
668 administrator to place a minor in the custody of the Division of Child and Family Services,
669 without complying with [
670 Services, [
671 Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings[
672
673 Section 10. Section 53A-11-403 is amended to read:
674 53A-11-403. Reporting procedure.
675 (1) The principal of a public school affected by this chapter shall appoint one educator
676 as the "designated educator" to make all reports required under Sections 53A-11-401 through
677 53A-11-404.
678 (2) The designated educator, upon receiving a report of a prohibited act from an
679 educator under Section 53A-11-402, shall immediately report the violation to the student's
680 parent or legal guardian, and may report the violation to an appropriate law enforcement
681 agency or official, in accordance with Section 53A-11-911.
682 (3) The designated educator may not disclose to the student or to the student's parent or
683 legal guardian the identity of the educator who made the initial report.
684 Section 11. Section 53A-11-901 is amended to read:
685 53A-11-901. Public school discipline policies -- Basis of the policies --
686 Enforcement.
687 (1) The Legislature recognizes that every student in the public schools should have the
688 opportunity to learn in an environment which is safe, conducive to the learning process, and
689 free from unnecessary disruption.
690 (2) (a) To foster such an environment, each local school board or governing board of a
691 charter school, with input from school employees, parents and guardians of students, students,
692 and the community at large, shall adopt conduct and discipline policies for the public schools
693 in accordance with Section 53A-11-911.
694 (b) [
695 student is expected:
696 (i) to follow accepted rules of conduct; and
697 (ii) to show respect for other people and to obey persons in authority at the school.
698 (c) (i) On or before September 1, 2015, the State Board of Education shall revise the
699 conduct and discipline policy models for elementary and secondary public schools to include
700 procedures for responding to reports received through the School Safety and Crisis Line under
701 Subsection 53A-11-1503(3).
702 (ii) Each district or charter school shall use the models, where appropriate, in
703 developing its conduct and discipline policies under this chapter.
704 (d) The policies shall emphasize that certain behavior, most particularly behavior
705 which disrupts, is unacceptable and may result in disciplinary action.
706 (3) The local superintendent and designated employees of the district or charter school
707 shall enforce the policies so that students demonstrating unacceptable behavior and their
708 parents or guardians understand that such behavior will not be tolerated and will be dealt with
709 in accordance with the district's conduct and discipline policies.
710 Section 12. Section 53A-11-908 is amended to read:
711 53A-11-908. Extracurricular activities -- Prohibited conduct -- Reporting of
712 violations -- Limitation of liability.
713 (1) The Legislature recognizes that:
714 (a) participation in student government and extracurricular activities may confer
715 important educational and lifetime benefits upon students, and encourages school districts and
716 charter schools to provide a variety of opportunities for all students to participate in such
717 activities in meaningful ways;
718 (b) there is no constitutional right to participate in these types of activities, and does
719 not through this section or any other provision of law create such a right;
720 (c) students who participate in student government and extracurricular activities,
721 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
722 those activities, become role models for others in the school and community;
723 (d) these individuals often play major roles in establishing standards of acceptable
724 behavior in the school and community, and establishing and maintaining the reputation of the
725 school and the level of community confidence and support afforded the school; and
726 (e) it is of the utmost importance that those involved in student government, whether as
727 officers or advisors, and those involved in competitive athletics and related activities, whether
728 students or staff, comply with all applicable laws and rules of behavior and conduct themselves
729 at all times in a manner befitting their positions and responsibilities.
730 (2) (a) The State Board of Education may, and local boards of education and governing
731 boards of charter schools shall, adopt rules implementing this section that apply to both
732 students and staff.
733 (b) [
734 the following types of conduct in accordance with Section 53A-11-911, while in the classroom,
735 on school property, during school sponsored activities, or regardless of the location or
736 circumstance, affecting a person or property described in Subsections 53A-11-902(5)(a)
737 through (d):
738 (i) use of foul, abusive, or profane language while engaged in school related activities;
739 (ii) illicit use, possession, or distribution of controlled substances or drug
740 paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
741 Section 76-10-101, tobacco, or alcoholic beverages contrary to law; and
742 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
743 behavior involving physical violence, restraint, improper touching, or inappropriate exposure
744 of body parts not normally exposed in public settings, forced ingestion of any substance, or any
745 act which would constitute a crime against a person or public order under Utah law.
746 (3) (a) School employees who reasonably believe that a violation of this section may
747 have occurred shall immediately report that belief to the school principal, district
748 superintendent, or chief administrative officer of a charter school.
749 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
750 alleged incident, and actions taken in response, to the district superintendent or the
751 superintendent's designee within 10 working days after receipt of the report.
752 (c) Failure of a person holding a professional certificate to report as required under this
753 Subsection (3) constitutes an unprofessional practice.
754 (4) Limitations of liability set forth under Section 53A-11-1004 apply to this section.
755 Section 13. Section 53A-11-910 is amended to read:
756 53A-11-910. Disruptive student behavior.
757 (1) As used in this section:
758 (a) "Disruptive student behavior" includes:
759 (i) the grounds for suspension or expulsion described in Section 53A-11-904; and
760 (ii) the conduct described in Subsection 53A-11-908(2)(b).
761 (b) "Parent" includes:
762 (i) a custodial parent of a school-age minor;
763 (ii) a legally appointed guardian of a school-age minor; or
764 (iii) any other person purporting to exercise any authority over the minor which could
765 be exercised by a person described in Subsection (1)(b)(i) or (ii).
766 (c) "Qualifying minor" means a school-age minor who:
767 (i) is at least nine years old; or
768 (ii) turns nine years old at any time during the school year.
769 (d) "School year" means the period of time designated by a local school board or local
770 charter board as the school year for the school where the school-age minor is enrolled.
771 (2) A local school board, school district, governing board of a charter school, or charter
772 school may impose administrative penalties in accordance with Section 53A-11-911 on a
773 school-age minor who violates this part.
774 [
775 [
776
777 [
778
779 [
780
781 [
782
783 [
784
785 [
786 (i) authorize a school administrator or a designee of a school administrator to issue
787 notices of disruptive student behavior to qualifying minors; and
788 (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
789 contest a notice of disruptive student behavior.
790 (b) A school representative shall provide to a parent of a school-age minor, a list of
791 resources available to assist the parent in resolving the school-age minor's disruptive student
792 behavior problem.
793 (c) A local school board or governing board of a charter school shall establish
794 procedures for a school counselor or other designated school representative to work with a
795 qualifying minor who engages in disruptive student behavior in order to attempt to resolve the
796 minor's disruptive student behavior problems [
797
798 [
799 (a) shall be issued to a qualifying minor who:
800 (i) engages in disruptive student behavior, that does not result in suspension or
801 expulsion, three times during the school year; or
802 (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
803 during the school year;
804 (b) shall require that the qualifying minor and a parent of the qualifying minor:
805 (i) meet with school authorities to discuss the qualifying minor's disruptive student
806 behavior; and
807 (ii) cooperate with the local school board or governing board of a charter school in
808 correcting the school-age minor's disruptive student behavior; and
809 [
810 [
811
812
813 [
814
815
816 [
817 minor.
818 [
819 (a) may only be issued to a qualifying minor who:
820 (i) engages in disruptive student behavior, that does not result in suspension or
821 expulsion, at least six times during the school year;
822 (ii) (A) engages in disruptive student behavior, that does not result in suspension or
823 expulsion, at least three times during the school year; and
824 (B) engages in disruptive student behavior, that results in suspension or expulsion, at
825 least once during the school year; or
826 (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
827 least twice during the school year; and
828 (b) may only be issued by a school administrator, a designee of a school administrator,
829 or a truancy specialist, who is authorized by a local school board or governing board of a local
830 charter school to issue a habitual disruptive student behavior [
831 [
832 [
833 court [
834 (b) Within five days after the day on which a habitual disruptive student behavior
835 [
836 documentation, to a parent of the qualifying minor who receives the [
837 efforts made by a school counselor or representative under Subsection [
838 [
839
840
841
842 [
843 [
844
845 Section 14. Section 53A-11-911 is enacted to read:
846 53A-11-911. Responses to school-based behavior.
847 (1) As used in this section:
848 (a) "Class A misdemeanor person offense" means a class A misdemeanor described in
849 Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 5b, Sexual Exploitation
850 Act.
851 (b) "Mobile crisis outreach team" means the same as that term is defined in Section
852 78A-6-105.
853 (c) "Nonperson class A misdemeanor" means a class A misdemeanor that is not a class
854 A misdemeanor person offense.
855 (d) "Restorative justice program" means a school-based program that is designed to
856 enhance school safety, reduce school suspensions, and limit referrals to court, and is designed
857 to help minors take responsibility for and repair the harm of behavior that occurs in school.
858 (2) This section applies to a minor enrolled in school who is alleged to have committed
859 an offense:
860 (a) on school property; or
861 (b) that is truancy.
862 (3) If the alleged offense is a class C misdemeanor, an infraction, a status offense on
863 school property, or truancy, the minor may not be referred to law enforcement or court but may
864 be referred to alternative school-related interventions, including:
865 (a) a mobile crisis outreach team, as defined in Section 78A-6-105;
866 (b) a receiving center operated by the Division of Juvenile Justice Services in
867 accordance with Section 62A-7-104; and
868 (c) a youth court or comparable restorative justice program.
869 (4) If the alleged offense is a class B misdemeanor or a nonperson class A
870 misdemeanor, the minor may be referred directly to the juvenile court by the school
871 administrator or the school administrator's designee, or the minor may be referred to the
872 alternative interventions in Subsection (3).
873 Section 15. Section 53A-11-1302 is amended to read:
874 53A-11-1302. Reporting of prohibited acts affecting a school -- Confidentiality.
875 (1) A person who has reasonable cause to believe that an individual has committed a
876 prohibited act shall, in accordance with Section 53A-11-911, immediately notify:
877 [
878 [
879 [
880 [
881 [
882 (2) If notice is given to a school official, the official may authorize an investigation
883 into allegations involving school property, students, or school district employees.
884 (3) [
885 prohibited act reported as occurring on school grounds or in connection with school-sponsored
886 activities to an appropriate law enforcement agency[
887
888 Section 53A-11-911.
889 (4) The identity of persons making reports pursuant to this section shall be kept
890 confidential.
891 Section 16. Section 53A-11-1604 is amended to read:
892 53A-11-1604. Contracts between an LEA and law enforcement for school
893 resource officer services -- Requirements.
894 (1) An LEA may contract with a law enforcement agency or an individual to provide
895 school resource officer services at the LEA if the LEA's governing authority reviews and
896 approves the contract.
897 (2) If an LEA contracts with a law enforcement agency or an individual to provide
898 SRO services at the LEA, the LEA's governing authority shall require in the contract:
899 (a) an acknowledgment by the law enforcement agency or the individual that an SRO
900 hired under the contract shall:
901 (i) provide for and maintain a safe, healthy, and productive learning environment in a
902 school;
903 (ii) act as a positive role model to students;
904 (iii) work to create a cooperative, proactive, and problem-solving partnership between
905 law enforcement and the LEA;
906 (iv) emphasize the use of restorative approaches to address negative behavior; and
907 (v) at the request of the LEA, teach a vocational law enforcement class;
908 (b) a description of the shared understanding of the LEA and the law enforcement
909 agency or individual regarding the roles and responsibilities of law enforcement and the LEA
910 to:
911 (i) maintain safe schools;
912 (ii) improve school climate; and
913 (iii) support educational opportunities for students;
914 (c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
915 including an offense that:
916 (i) is a minor violation of the law; and
917 (ii) would not violate the law if the offense was committed by an adult;
918 (d) a designation of student offenses that are administrative issues that an SRO shall
919 refer to a school administrator for resolution in accordance with Section 53A-11-911;
920 (e) a detailed description of the rights of a student under state and federal law with
921 regard to:
922 (i) searches;
923 (ii) questioning; and
924 (iii) information privacy;
925 (f) a detailed description of:
926 (i) job duties;
927 (ii) training requirements; and
928 (iii) other expectations of the SRO and school administration in relation to law
929 enforcement at the LEA;
930 (g) that an SRO who is hired under the contract and the principal at the school where
931 an SRO will be working, or the principal's designee, will jointly complete the SRO training
932 described in Section 53A-11-1603; and
933 (h) if the contract is between an LEA and a law enforcement agency, that:
934 (i) both parties agree to jointly discuss SRO applicants; and
935 (ii) the law enforcement agency will accept feedback from an LEA about an SRO's
936 performance.
937 Section 17. Section 58-37-8 is amended to read:
938 58-37-8. Prohibited acts -- Penalties.
939 (1) Prohibited acts A -- Penalties and reporting:
940 (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
941 intentionally:
942 (i) produce, manufacture, or dispense, or to possess with intent to produce,
943 manufacture, or dispense, a controlled or counterfeit substance;
944 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
945 arrange to distribute a controlled or counterfeit substance;
946 (iii) possess a controlled or counterfeit substance with intent to distribute; or
947 (iv) engage in a continuing criminal enterprise where:
948 (A) the person participates, directs, or engages in conduct that results in any violation
949 of any provision of Title 58, Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug
950 Paraphernalia Act, 37b, Imitation Controlled Substances Act, 37c, Utah Controlled Substance
951 Precursor Act, or 37d, Clandestine Drug Lab Act, that is a felony; and
952 (B) the violation is a part of a continuing series of two or more violations of Title 58,
953 Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
954 Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
955 Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or
956 more persons with respect to whom the person occupies a position of organizer, supervisor, or
957 any other position of management.
958 (b) Any person convicted of violating Subsection (1)(a) with respect to:
959 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
960 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
961 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
962 subsequent conviction is guilty of a first degree felony;
963 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
964 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
965 upon a second or subsequent conviction is guilty of a second degree felony; or
966 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
967 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
968 felony.
969 (c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
970 may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
971 of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on [
972 the person or in [
973 furtherance of the offense, the court shall additionally sentence the person convicted for a term
974 of one year to run consecutively and not concurrently; and the court may additionally sentence
975 the person convicted for an indeterminate term not to exceed five years to run consecutively
976 and not concurrently.
977 (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
978 felony punishable by imprisonment for an indeterminate term of not less than seven years and
979 which may be for life. Imposition or execution of the sentence may not be suspended, and the
980 person is not eligible for probation.
981 (e) The Administrative Office of the Courts shall report to the Division of
982 Occupational and Professional Licensing the name, case number, date of conviction, and if
983 known, the date of birth of each person convicted of violating Subsection (2)(a).
984 (2) Prohibited acts B -- Penalties and reporting:
985 (a) It is unlawful:
986 (i) for any person knowingly and intentionally to possess or use a controlled substance
987 analog or a controlled substance, unless it was obtained under a valid prescription or order,
988 directly from a practitioner while acting in the course of the person's professional practice, or as
989 otherwise authorized by this chapter;
990 (ii) for any owner, tenant, licensee, or person in control of any building, room,
991 tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
992 be occupied by persons unlawfully possessing, using, or distributing controlled substances in
993 any of those locations; or
994 (iii) for any person knowingly and intentionally to possess an altered or forged
995 prescription or written order for a controlled substance.
996 (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
997 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
998 or
999 (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
1000 of a class A misdemeanor on a first or second conviction, and on a third or subsequent
1001 conviction is guilty of a third degree felony.
1002 (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
1003 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
1004 penalty than provided in this Subsection (2).
1005 (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
1006 substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
1007 58-37-4.2, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
1008 person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
1009 person is guilty of a third degree felony.
1010 (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
1011 boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
1012 any public jail or other place of confinement shall be sentenced to a penalty one degree greater
1013 than provided in Subsection (2)(b), and if the conviction is with respect to controlled
1014 substances as listed in:
1015 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
1016 indeterminate term as provided by law, and:
1017 (A) the court shall additionally sentence the person convicted to a term of one year to
1018 run consecutively and not concurrently; and
1019 (B) the court may additionally sentence the person convicted for an indeterminate term
1020 not to exceed five years to run consecutively and not concurrently; and
1021 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
1022 indeterminate term as provided by law, and the court shall additionally sentence the person
1023 convicted to a term of six months to run consecutively and not concurrently.
1024 (f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
1025 (i) on a first conviction, guilty of a class B misdemeanor;
1026 (ii) on a second conviction, guilty of a class A misdemeanor; and
1027 (iii) on a third or subsequent conviction, guilty of a third degree felony.
1028 (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
1029 amounting to a violation of Section 76-5-207:
1030 (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
1031 body any measurable amount of a controlled substance; and
1032 (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
1033 causing serious bodily injury as defined in Section 76-1-601 or the death of another.
1034 (h) A person who violates Subsection (2)(g) by having in the person's body:
1035 (i) a controlled substance classified under Schedule I, other than those described in
1036 Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
1037 degree felony;
1038 (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
1039 58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
1040 degree felony; or
1041 (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
1042 A misdemeanor.
1043 (i) A person is guilty of a separate offense for each victim suffering serious bodily
1044 injury or death as a result of the person's negligent driving in violation of Subsection
1045 [
1046 (j) The Administrative Office of the Courts shall report to the Division of Occupational
1047 and Professional Licensing the name, case number, date of conviction, and if known, the date
1048 of birth of each person convicted of violating Subsection (2)(a).
1049 (3) Prohibited acts C -- Penalties:
1050 (a) It is unlawful for any person knowingly and intentionally:
1051 (i) to use in the course of the manufacture or distribution of a controlled substance a
1052 license number which is fictitious, revoked, suspended, or issued to another person or, for the
1053 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
1054 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
1055 person;
1056 (ii) to acquire or obtain possession of, to procure or attempt to procure the
1057 administration of, to obtain a prescription for, to prescribe or dispense to any person known to
1058 be attempting to acquire or obtain possession of, or to procure the administration of any
1059 controlled substance by misrepresentation or failure by the person to disclose receiving any
1060 controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
1061 prescription or written order for a controlled substance, or the use of a false name or address;
1062 (iii) to make any false or forged prescription or written order for a controlled substance,
1063 or to utter the same, or to alter any prescription or written order issued or written under the
1064 terms of this chapter; or
1065 (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
1066 to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
1067 device of another or any likeness of any of the foregoing upon any drug or container or labeling
1068 so as to render any drug a counterfeit controlled substance.
1069 (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
1070 misdemeanor.
1071 (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
1072 degree felony.
1073 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
1074 (4) Prohibited acts D -- Penalties:
1075 (a) Notwithstanding other provisions of this section, a person not authorized under this
1076 chapter who commits any act that is unlawful under Subsection (1)(a), Section 58-37a-5, or
1077 Section 58-37b-4 is upon conviction subject to the penalties and classifications under this
1078 Subsection (4) if the trier of fact finds the act is committed:
1079 (i) in a public or private elementary or secondary school or on the grounds of any of
1080 those schools during the hours of 6 a.m. through 10 p.m.;
1081 (ii) in a public or private vocational school or postsecondary institution or on the
1082 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
1083 (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
1084 facility's hours of operation;
1085 (iv) in a public park, amusement park, arcade, or recreation center when the public or
1086 amusement park, arcade, or recreation center is open to the public;
1087 (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
1088 (vi) in or on the grounds of a library when the library is open to the public;
1089 (vii) within any area that is within 100 feet of any structure, facility, or grounds
1090 included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
1091 (viii) in the presence of a person younger than 18 years of age, regardless of where the
1092 act occurs; or
1093 (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
1094 distribution of a substance in violation of this section to an inmate or on the grounds of any
1095 correctional facility as defined in Section 76-8-311.3.
1096 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
1097 and shall be imprisoned for a term of not less than five years if the penalty that would
1098 otherwise have been established but for this Subsection (4) would have been a first degree
1099 felony.
1100 (ii) Imposition or execution of the sentence may not be suspended, and the person is
1101 not eligible for probation.
1102 (c) If the classification that would otherwise have been established would have been
1103 less than a first degree felony but for this Subsection (4), a person convicted under this
1104 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
1105 offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
1106 (d) (i) If the violation is of Subsection (4)(a)(ix):
1107 (A) the person may be sentenced to imprisonment for an indeterminate term as
1108 provided by law, and the court shall additionally sentence the person convicted for a term of
1109 one year to run consecutively and not concurrently; and
1110 (B) the court may additionally sentence the person convicted for an indeterminate term
1111 not to exceed five years to run consecutively and not concurrently; and
1112 (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
1113 the mental state required for the commission of an offense, directly or indirectly solicits,
1114 requests, commands, coerces, encourages, or intentionally aids another person to commit a
1115 violation of Subsection (4)(a)(ix).
1116 (e) It is not a defense to a prosecution under this Subsection (4) that the actor
1117 mistakenly believed the individual to be 18 years of age or older at the time of the offense or
1118 was unaware of the individual's true age; nor that the actor mistakenly believed that the
1119 location where the act occurred was not as described in Subsection (4)(a) or was unaware that
1120 the location where the act occurred was as described in Subsection (4)(a).
1121 (5) Any violation of this chapter for which no penalty is specified is a class B
1122 misdemeanor.
1123 (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
1124 guilty or no contest to a violation or attempted violation of this section or a plea which is held
1125 in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
1126 even if the charge has been subsequently reduced or dismissed in accordance with the plea in
1127 abeyance agreement.
1128 (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
1129 conviction that is:
1130 (i) from a separate criminal episode than the current charge; and
1131 (ii) from a conviction that is separate from any other conviction used to enhance the
1132 current charge.
1133 (7) A person may be charged and sentenced for a violation of this section,
1134 notwithstanding a charge and sentence for a violation of any other section of this chapter.
1135 (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
1136 lieu of, any civil or administrative penalty or sanction authorized by law.
1137 (b) Where violation of this chapter violates a federal law or the law of another state,
1138 conviction or acquittal under federal law or the law of another state for the same act is a bar to
1139 prosecution in this state.
1140 (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
1141 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
1142 substance or substances, is prima facie evidence that the person or persons did so with
1143 knowledge of the character of the substance or substances.
1144 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
1145 veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
1146 administering controlled substances or from causing the substances to be administered by an
1147 assistant or orderly under the veterinarian's direction and supervision.
1148 (11) Civil or criminal liability may not be imposed under this section on:
1149 (a) any person registered under this chapter who manufactures, distributes, or possesses
1150 an imitation controlled substance for use as a placebo or investigational new drug by a
1151 registered practitioner in the ordinary course of professional practice or research; or
1152 (b) any law enforcement officer acting in the course and legitimate scope of the
1153 officer's employment.
1154 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
1155 as defined in Subsection 58-37-2(1)(v), who uses, possesses, or transports peyote for bona fide
1156 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
1157 as defined in Subsection 58-37-2(1)(w).
1158 (b) In a prosecution alleging violation of this section regarding peyote as defined in
1159 Subsection 58-37-4(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
1160 possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
1161 connection with the practice of a traditional Indian religion.
1162 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
1163 defense under this Subsection (12) as soon as practicable, but not later than 10 days [
1164 before trial.
1165 (ii) The notice shall include the specific claims of the affirmative defense.
1166 (iii) The court may waive the notice requirement in the interest of justice for good
1167 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
1168 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
1169 a preponderance of the evidence. If the defense is established, it is a complete defense to the
1170 charges.
1171 (13) (a) It is an affirmative defense that the person produced, possessed, or
1172 administered a controlled substance listed in Section 58-37-4.2 if the person:
1173 (i) was engaged in medical research; and
1174 (ii) was a holder of a valid license to possess controlled substances under Section
1175 58-37-6.
1176 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
1177 a controlled substance listed in Section 58-37-4.2.
1178 (14) It is an affirmative defense that the person possessed, in the person's body, a
1179 controlled substance listed in Section 58-37-4.2 if:
1180 (a) the person was the subject of medical research conducted by a holder of a valid
1181 license to possess controlled substances under Section 58-37-6; and
1182 (b) the substance was administered to the person by the medical researcher.
1183 (15) The application of any increase in penalty under this section to a violation of
1184 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
1185 Subsection (15) takes precedence over any conflicting provision of this section.
1186 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
1187 listed in Subsection (16)(b) that the person:
1188 (i) reasonably believes that the person or another person is experiencing an overdose
1189 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
1190 controlled substance or other substance;
1191 (ii) reports in good faith the overdose event to a medical provider, an emergency
1192 medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
1193 emergency call system, or an emergency dispatch system, or the person is the subject of a
1194 report made under this Subsection (16);
1195 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
1196 actual location of the overdose event that facilitates responding to the person experiencing the
1197 overdose event;
1198 (iv) remains at the location of the person experiencing the overdose event until a
1199 responding law enforcement officer or emergency medical service provider arrives, or remains
1200 at the medical care facility where the person experiencing an overdose event is located until a
1201 responding law enforcement officer arrives;
1202 (v) cooperates with the responding medical provider, emergency medical service
1203 provider, and law enforcement officer, including providing information regarding the person
1204 experiencing the overdose event and any substances the person may have injected, inhaled, or
1205 otherwise introduced into the person's body; and
1206 (vi) is alleged to have committed the offense in the same course of events from which
1207 the reported overdose arose.
1208 (b) The offenses referred to in Subsection (16)(a) are:
1209 (i) the possession or use of less than 16 ounces of marijuana;
1210 (ii) the possession or use of a scheduled or listed controlled substance other than
1211 marijuana; and
1212 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
1213 Imitation Controlled Substances Act.
1214 (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
1215 include seeking medical assistance under this section during the course of a law enforcement
1216 agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
1217 (17) If any provision of this chapter, or the application of any provision to any person
1218 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
1219 invalid provision or application.
1220 (18) A legislative body of a political subdivision may not enact an ordinance that is
1221 less restrictive than any provision of this chapter.
1222 (19) [
1223 this section [
1224 [
1225 [
1226 the screening indicates an assessment to be appropriate; and
1227 [
1228 41-6a-501 or substance [
1229 [
1230
1231
1232 [
1233 [
1234
1235 [
1236
1237 Section 18. Section 58-37a-7 is amended to read:
1238 58-37a-7. Sentencing requirements for minors.
1239 [
1240 chapter [
1241 minor to complete:
1242 [
1243 [
1244 the screening indicates an assessment to be appropriate; and
1245 [
1246 41-6a-501 or substance [
1247 [
1248
1249
1250 [
1251 [
1252
1253 [
1254
1255 Section 19. Section 58-37b-9 is amended to read:
1256 58-37b-9. Sentencing requirements for minors.
1257 [
1258 chapter [
1259 minor to complete:
1260 [
1261 [
1262 the screening indicates an assessment to be appropriate; and
1263 [
1264 41-6a-501 or substance [
1265 [
1266
1267 [
1268 [
1269
1270 [
1271
1272 Section 20. Section 62A-1-111.5 is enacted to read:
1273 62A-1-111.5. Duties of the department for fiscal year 2018.
1274 Notwithstanding Section 63J-1-206, for fiscal year 2018 only, the department may
1275 transfer money from savings related to implementation of this bill and nonlapsing balances
1276 from fiscal year 2017 between appropriation line items to allocate resources between the
1277 Division of Juvenile Justice Services, the Division of Child and Family Services, and the
1278 Division of Substance Abuse and Mental Health to facilitate the department's implementation
1279 of this bill.
1280 Section 21. Section 62A-4a-105 is amended to read:
1281 62A-4a-105. Division responsibilities.
1282 (1) The division shall:
1283 (a) administer services to minors and families, including:
1284 (i) child welfare services;
1285 (ii) domestic violence services; and
1286 (iii) all other responsibilities that the Legislature or the executive director may assign
1287 to the division;
1288 (b) provide the following services:
1289 (i) financial and other assistance to an individual adopting a child with special needs
1290 under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
1291 child as a legal ward of the state;
1292 (ii) non-custodial and in-home services, including:
1293 (A) services designed to prevent family break-up; and
1294 (B) family preservation services;
1295 (iii) reunification services to families whose children are in substitute care in
1296 accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
1297 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
1298 or neglect of a child in that family;
1299 (v) shelter care in accordance with the requirements of this chapter and Title 78A,
1300 Chapter 6, Juvenile Court Act;
1301 (vi) domestic violence services, in accordance with the requirements of federal law;
1302 (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
1303 and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
1304 Part 3, Abuse, Neglect, and Dependency Proceedings;
1305 (viii) substitute care for dependent, abused, neglected, and delinquent children;
1306 [
1307
1308 [
1309 smuggling as described in Sections 76-5-308 through 76-5-310 or who have engaged in
1310 prostitution or sexual solicitation as defined in Section 76-10-1302; and
1311 [
1312 services offered by the division in accordance with this chapter;
1313 (c) establish standards for all:
1314 (i) contract providers of out-of-home care for minors and families;
1315 (ii) facilities that provide substitute care for dependent, abused, neglected, and
1316 delinquent children placed in the custody of the division; and
1317 (iii) direct or contract providers of domestic violence services described in Subsection
1318 (1)(b)(vi);
1319 (d) have authority to:
1320 (i) contract with a private, nonprofit organization to recruit and train foster care
1321 families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
1322 (ii) approve facilities that meet the standards established under Subsection (1)(c) to
1323 provide substitute care for dependent, abused, neglected, and delinquent children placed in the
1324 custody of the division;
1325 (e) cooperate with the federal government in the administration of child welfare and
1326 domestic violence programs and other human service activities assigned by the department;
1327 (f) in accordance with Subsection (2)(a), promote and enforce state and federal laws
1328 enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
1329 runaway children, and status offenders, in accordance with the requirements of this chapter,
1330 unless administration is expressly vested in another division or department of the state;
1331 (g) cooperate with the Workforce Development Division in the Department of
1332 Workforce Services in meeting the social and economic needs of an individual who is eligible
1333 for public assistance;
1334 (h) compile relevant information, statistics, and reports on child and family service
1335 matters in the state;
1336 (i) prepare and submit to the department, the governor, and the Legislature reports of
1337 the operation and administration of the division in accordance with the requirements of
1338 Sections 62A-4a-117 and 62A-4a-118;
1339 (j) provide social studies and reports for the juvenile court in accordance with Section
1340 78A-6-605;
1341 (k) within appropriations from the Legislature, provide or contract for a variety of
1342 domestic violence services and treatment methods;
1343 (l) ensure regular, periodic publication, including electronic publication, regarding the
1344 number of children in the custody of the division who:
1345 (i) have a permanency goal of adoption; or
1346 (ii) have a final plan of termination of parental rights, pursuant to Section 78A-6-314,
1347 and promote adoption of those children;
1348 (m) subject to Subsection (2)(b), refer an individual receiving services from the
1349 division to the local substance abuse authority or other private or public resource for a
1350 court-ordered drug screening test; and
1351 (n) perform other duties and functions required by law.
1352 (2) (a) In carrying out the requirements of Subsection (1)(f), the division shall:
1353 (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
1354 with all public and private licensed child welfare agencies and institutions, to develop and
1355 administer a broad range of services and support;
1356 (ii) take the initiative in all matters involving the protection of abused or neglected
1357 children, if adequate provisions have not been made or are not likely to be made; and
1358 (iii) make expenditures necessary for the care and protection of the children described
1359 in this Subsection (2)(a), within the division's budget.
1360 (b) When an individual is referred to a local substance abuse authority or other private
1361 or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
1362 order the individual to pay all costs of the tests unless:
1363 (i) the cost of the drug screening is specifically funded or provided for by other federal
1364 or state programs;
1365 (ii) the individual is a participant in a drug court; or
1366 (iii) the court finds that the individual is impecunious.
1367 (3) Except to the extent provided by rule, the division is not responsible for
1368 investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
1369 (4) The division may not require a parent who has a child in the custody of the division
1370 to pay for some or all of the cost of any drug testing the parent is required to undergo.
1371 Section 22. Section 62A-4a-201 is amended to read:
1372 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
1373 state.
1374 (1) (a) Under both the United States Constitution and the constitution of this state, a
1375 parent possesses a fundamental liberty interest in the care, custody, and management of the
1376 parent's children. A fundamentally fair process must be provided to parents if the state moves
1377 to challenge or interfere with parental rights. A governmental entity must support any actions
1378 or allegations made in opposition to the rights and desires of a parent regarding the parent's
1379 children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
1380 protection against government interference with the parent's fundamental rights and liberty
1381 interests and, concomitantly, the right of the child to be reared by the child's natural parent.
1382 (b) The fundamental liberty interest of a parent concerning the care, custody, and
1383 management of the parent's children is recognized, protected, and does not cease to exist
1384 simply because a parent may fail to be a model parent or because the parent's child is placed in
1385 the temporary custody of the state. At all times, a parent retains a vital interest in preventing
1386 the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
1387 action in relation to parents and their children may not exceed the least restrictive means or
1388 alternatives available to accomplish a compelling state interest. Until the state proves parental
1389 unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
1390 the child and the child's parents share a vital interest in preventing erroneous termination of
1391 their natural relationship and the state cannot presume that a child and the child's parents are
1392 adversaries.
1393 (c) It is in the best interest and welfare of a child to be raised under the care and
1394 supervision of the child's natural parents. A child's need for a normal family life in a
1395 permanent home, and for positive, nurturing family relationships is usually best met by the
1396 child's natural parents. Additionally, the integrity of the family unit and the right of parents to
1397 conceive and raise their children are constitutionally protected. The right of a fit, competent
1398 parent to raise the parent's child without undue government interference is a fundamental
1399 liberty interest that has long been protected by the laws and Constitution and is a fundamental
1400 public policy of this state.
1401 (d) The state recognizes that:
1402 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
1403 train, educate, provide and care for, and reasonably discipline the parent's children; and
1404 (ii) the state's role is secondary and supportive to the primary role of a parent.
1405 (e) It is the public policy of this state that parents retain the fundamental right and duty
1406 to exercise primary control over the care, supervision, upbringing, and education of their
1407 children.
1408 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
1409 Subsection (1).
1410 (2) It is also the public policy of this state that children have the right to protection
1411 from abuse and neglect, and that the state retains a compelling interest in investigating,
1412 prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title 78A,
1413 Chapter 6, Juvenile Court Act [
1414 in and responsibility to protect children whose parents abuse them or do not adequately provide
1415 for their welfare. There may be circumstances where a parent's conduct or condition is a
1416 substantial departure from the norm and the parent is unable or unwilling to render safe and
1417 proper parental care and protection. Under those circumstances, the state may take action for
1418 the welfare and protection of the parent's children.
1419 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
1420 it shall take into account the child's need for protection from immediate harm and the extent to
1421 which the child's extended family may provide needed protection. Throughout its involvement,
1422 the division shall utilize the least intrusive and least restrictive means available to protect a
1423 child, in an effort to ensure that children are brought up in stable, permanent families, rather
1424 than in temporary foster placements under the supervision of the state.
1425 (4) When circumstances within the family pose a threat to the child's immediate safety
1426 or welfare, the division may seek custody of the child for a planned, temporary period and
1427 place the child in a safe environment, subject to the requirements of this section and in
1428 accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
1429 Dependency Proceedings, and:
1430 (a) when safe and appropriate, return the child to the child's parent; or
1431 (b) as a last resort, pursue another permanency plan.
1432 (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
1433 the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
1434 shall be the child's health, safety, and welfare. The desires of a parent for the parent's child,
1435 and the constitutionally protected rights of a parent, as described in this section, shall be given
1436 full and serious consideration by the division and the court.
1437 (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
1438 abuse, or severe neglect are established, the state has no duty to make "reasonable efforts" or
1439 to, in any other way, attempt to maintain a child in the child's home, provide reunification
1440 services, or to attempt to rehabilitate the offending parent or parents. This Subsection (6) does
1441 not exempt the division from providing court-ordered services.
1442 (7) (a) In accordance with Subsection (1), the division shall strive to achieve
1443 appropriate permanency for children who are abused, neglected, or dependent. The division
1444 shall provide in-home services, where appropriate and safe, in an effort to help a parent to
1445 correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
1446 division may pursue a foster placement only if in-home services fail or are otherwise
1447 insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
1448 and kinship placement fail and cannot be corrected. The division shall also seek qualified
1449 extended family support or a kinship placement to maintain a sense of security and stability for
1450 the child.
1451 (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
1452 and (6), is determined to be inconsistent with the permanency plan for a child, then measures
1453 shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
1454 and to complete whatever steps are necessary to finalize the permanent placement of the child.
1455 (c) Subject to the parental rights recognized and protected under this section, if,
1456 because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
1457 based on the grounds for termination of parental rights described in Title 78A, Chapter 6, Part
1458 5, Termination of Parental Rights Act, the continuing welfare and best interest of the child is of
1459 paramount importance, and shall be protected in determining whether that parent's rights
1460 should be terminated.
1461 (8) The state's right to direct or intervene in the provision of medical or mental health
1462 care for a child is subject to Subsections 78A-6-105[
1463 Section 78A-6-301.5.
1464 Section 23. Section 62A-4a-202 is amended to read:
1465 62A-4a-202. In-home services for the preservation of families.
1466 (1) (a) Within appropriations from the Legislature and money obtained under
1467 Subsection (5), the division shall provide in-home services for the purpose of family
1468 preservation to any family with a child whose health and safety is not immediately endangered,
1469 when:
1470 (i) (A) the child is at risk of being removed from the home; or
1471 (B) the family is in crisis; and
1472 (ii) the division determines that it is reasonable and appropriate.
1473 (b) In determining whether in-home services are reasonable and appropriate, in keeping
1474 with [
1475 be the paramount concern.
1476 (c) The division shall consider whether the services described in Subsection (1)(b):
1477 (i) will be effective within a six-month period; and
1478 (ii) are likely to prevent continued abuse or neglect of the child.
1479 (2) (a) The division shall maintain a statewide inventory of in-home services available
1480 through public and private agencies or individuals for use by caseworkers.
1481 (b) The inventory described in Subsection (2)(a) shall include:
1482 (i) the method of accessing each service;
1483 (ii) eligibility requirements for each service;
1484 (iii) the geographic areas and the number of families that can be served by each
1485 service; and
1486 (iv) information regarding waiting lists for each service.
1487 (3) (a) As part of its in-home services for the preservation of families, the division shall
1488 provide in-home services in varying degrees of intensity and contact that are specific to the
1489 needs of each individual family.
1490 (b) As part of its in-home services, the division shall:
1491 (i) provide customized assistance;
1492 (ii) provide support or interventions that are tailored to the needs of the family;
1493 (iii) discuss the family's needs with the parent;
1494 (iv) discuss an assistance plan for the family with the parent; and
1495 (v) address:
1496 (A) the safety of children;
1497 (B) the needs of the family; and
1498 (C) services necessary to aid in the preservation of the family and a child's ability to
1499 remain in the home.
1500 (c) In-home services shall be, as practicable, provided within the region that the family
1501 resides, using existing division staff.
1502 (4) (a) The division may use specially trained caseworkers, private providers, or other
1503 persons to provide the in-home services described in Subsection (3).
1504 (b) The division shall allow a caseworker to be flexible in responding to the needs of
1505 each individual family, including:
1506 (i) limiting the number of families assigned; and
1507 (ii) being available to respond to assigned families within 24 hours.
1508 (5) To provide, expand, and improve the delivery of in-home services to prevent the
1509 removal of children from their homes and promote the preservation of families, the division
1510 shall make substantial effort to obtain funding, including:
1511 (a) federal grants;
1512 (b) federal waivers; and
1513 (c) private money.
1514 (6) The division shall provide in-home family services pursuant to an order under
1515 Section 78A-6-117.5.
1516 Section 24. Section 62A-4a-208 is amended to read:
1517 62A-4a-208. Child protection ombudsman -- Responsibility -- Authority.
1518 (1) As used in this section:
1519 (a) "Complainant" means a person who initiates a complaint with the ombudsman.
1520 (b) "Ombudsman" means the child protection ombudsman appointed pursuant to this
1521 section.
1522 (2) (a) There is created within the department the position of child protection
1523 ombudsman. The ombudsman shall be appointed by and serve at the pleasure of the executive
1524 director.
1525 (b) The ombudsman shall be:
1526 (i) an individual of recognized executive and administrative capacity;
1527 (ii) selected solely with regard to qualifications and fitness to discharge the duties of
1528 ombudsman; and
1529 (iii) have experience in child welfare, and in state laws and policies governing abused,
1530 neglected, and dependent children.
1531 (c) The ombudsman shall devote full time to the duties of office.
1532 (3) (a) Except as provided in Subsection (3)(b), the ombudsman shall, upon receipt of a
1533 complaint from any person, investigate whether an act or omission of the division with respect
1534 to a particular child:
1535 (i) is contrary to statute, rule, or policy;
1536 (ii) places a child's health or safety at risk;
1537 (iii) is made without an adequate statement of reason; or
1538 (iv) is based on irrelevant, immaterial, or erroneous grounds.
1539 (b) The ombudsman may decline to investigate any complaint. If the ombudsman
1540 declines to investigate a complaint or continue an investigation, the ombudsman shall notify
1541 the complainant and the division of the decision and of the reasons for that decision.
1542 (c) The ombudsman may conduct an investigation on the ombudsman's own initiative.
1543 (4) The ombudsman shall:
1544 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1545 make rules that govern the following:
1546 (i) receiving and processing complaints;
1547 (ii) notifying complainants and the division regarding a decision to investigate or to
1548 decline to investigate a complaint;
1549 (iii) prioritizing workload;
1550 (iv) maximum time within which investigations shall be completed;
1551 (v) conducting investigations;
1552 (vi) notifying complainants and the division regarding the results of investigations; and
1553 (vii) making recommendations based on the findings and results of recommendations;
1554 (b) report findings and recommendations in writing to the complainant and the
1555 division, in accordance with the provisions of this section;
1556 (c) within appropriations from the Legislature, employ staff as may be necessary to
1557 carry out the ombudsman's duties under this part;
1558 (d) provide information regarding the role, duties, and functions of the ombudsman to
1559 public agencies, private entities, and individuals;
1560 (e) annually report to the:
1561 (i) Child Welfare Legislative Oversight Panel;
1562 (ii) governor;
1563 (iii) Division of Child and Family Services;
1564 (iv) executive director of the department; and
1565 (v) director of the division; and
1566 (f) as appropriate, make recommendations to the division regarding individual cases,
1567 and the rules, policies, and operations of the division.
1568 (5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall
1569 notify the complainant and the division of that decision.
1570 (b) The ombudsman may advise a complainant to pursue all administrative remedies or
1571 channels of complaint before pursuing a complaint with the ombudsman. Subsequent to
1572 processing a complaint, the ombudsman may conduct further investigations upon the request of
1573 the complainant or upon the ombudsman's own initiative. Nothing in this subsection precludes
1574 a complainant from making a complaint directly to the ombudsman before pursuing an
1575 administrative remedy.
1576 (c) If the ombudsman finds that an individual's act or omission violates state or federal
1577 criminal law, the ombudsman shall immediately report that finding to the appropriate county or
1578 district attorney or to the attorney general.
1579 (d) The ombudsman shall immediately notify the division if the ombudsman finds that
1580 a child needs protective custody[
1581 (e) The ombudsman shall immediately comply with Part 4, Child Abuse or Neglect
1582 Reporting Requirements.
1583 (6) (a) All records of the ombudsman regarding individual cases shall be classified in
1584 accordance with federal law and the provisions of Title 63G, Chapter 2, Government Records
1585 Access and Management Act. The ombudsman may make public a report prepared pursuant to
1586 this section in accordance with the provisions of Title 63G, Chapter 2, Government Records
1587 Access and Management Act.
1588 (b) The ombudsman shall have access to all of the department's written and electronic
1589 records and databases, including those regarding individual cases. In accordance with Title
1590 63G, Chapter 2, Government Records Access and Management Act, all documents and
1591 information received by the ombudsman shall maintain the same classification that was
1592 designated by the department.
1593 (7) (a) The ombudsman shall prepare a written report of the findings and
1594 recommendations, if any, of each investigation.
1595 (b) The ombudsman shall make recommendations to the division if the ombudsman
1596 finds that:
1597 (i) a matter should be further considered by the division;
1598 (ii) an administrative act should be addressed, modified, or canceled;
1599 (iii) action should be taken by the division with regard to one of its employees; or
1600 (iv) any other action should be taken by the division.
1601 Section 25. Section 62A-4a-250 is amended to read:
1602 62A-4a-250. Attorney general responsibility.
1603 [
1604
1605
1606
1607
1608 [
1609
1610
1611
1612 [
1613
1614 [
1615 The attorney general's office has the responsibility to represent the division with regard
1616 to actions involving minors [
1617 services under Section 78A-6-117.5. Nothing in this section may be construed to affect the
1618 responsibility of the county attorney or district attorney to represent the state in those matters,
1619 in accordance with Section 78A-6-115.
1620 Section 26. Section 62A-7-101 is amended to read:
1621 62A-7-101. Definitions.
1622 As used in this chapter:
1623 (1) "Authority" means the Youth Parole Authority, established in accordance with
1624 Section 62A-7-501.
1625 (2) "Board" means the Board of Juvenile Justice Services established in accordance
1626 with Section 62A-1-105.
1627 (3) "Community-based program" means a nonsecure residential or nonresidential
1628 program designated to supervise and rehabilitate youth offenders in accordance with
1629 Subsection 78A-6-117(2) that prioritizes the least restrictive nonresidential setting, consistent
1630 with public safety, and designated or operated by or under contract with the division.
1631 (4) "Control" means the authority to detain, restrict, and supervise a youth in a manner
1632 consistent with public safety and the well being of the youth and division employees.
1633 (5) "Court" means the juvenile court.
1634 (6) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
1635 committed by an adult.
1636 (7) "Detention" means secure detention or home detention.
1637 (8) "Detention center" means a facility established in accordance with Title 62A,
1638 Chapter 7, Part 2, Detention Facilities.
1639 (9) "Director" means the director of the Division of Juvenile Justice Services.
1640 (10) "Discharge" means a written order of the Youth Parole Authority that removes a
1641 youth offender from its jurisdiction.
1642 (11) "Division" means the Division of Juvenile Justice Services.
1643 (12) "Home detention" means predispositional placement of a child in the child's home
1644 or a surrogate home with the consent of the child's parent, guardian, or custodian for conduct
1645 by a child who is alleged to have committed a delinquent act or postdispositional placement
1646 pursuant to Subsection 78A-6-117(2)(f) or 78A-6-1101(3).
1647 (13) "Observation and assessment program" means a nonresidential service program
1648 operated or purchased by the division[
1649
1650 use disorder, mental health, psychological, and sexual behavior risk assessments.
1651 (14) "Parole" means a conditional release of a youth offender from residency in a
1652 secure facility to live outside that facility under the supervision of the Division of Juvenile
1653 Justice Services or other person designated by the division.
1654 (15) "Performance-based contracting" means a system of contracting with service
1655 providers for the provision of residential or nonresidential services that:
1656 (a) provides incentives for the implementation of evidence-based juvenile justice
1657 programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
1658 to Section 63M-7-208; and
1659 (b) provides a premium rate allocation for a minor who receives the evidence-based
1660 dosage of treatment and successfully completes the program within three months.
1661 [
1662 by the division or under contract with the division that is responsible for juveniles taken into
1663 custody by a law enforcement officer for status offenses, infractions, or delinquent acts[
1664
1665 [
1666 rescinds a parole date.
1667 [
1668 that terminates parole supervision of a youth offender and directs return of the youth offender
1669 to the custody of a secure facility [
1670 hearing and a determination that there has been a violation of law or of a condition of parole
1671 that warrants a return to a secure facility in accordance with Section 62A-7-504.
1672 [
1673 guardian without the permission of the parent or guardian.
1674 [
1675 or under contract with the division, for conduct by a child who is alleged to have committed a
1676 delinquent act.
1677 [
1678 division, that provides 24-hour supervision and confinement for youth offenders committed to
1679 the division for custody and rehabilitation.
1680 [
1681 facilities pending court disposition or transfer to another jurisdiction.
1682 [
1683 nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
1684 adult, or to an appropriate agency.
1685 (b) "Temporary custody" does not include a placement in a secure facility, including
1686 secure detention, or a residential community-based program operated or contracted by the
1687 division, except pursuant to Subsection 78A-6-117(2).
1688 [
1689 terminates a youth offender from parole.
1690 [
1691 conflict:
1692 (a) results in behavior that is beyond the control or ability of the youth, or the parent or
1693 guardian, to manage effectively;
1694 (b) poses a threat to the safety or well-being of the youth, the family, or others; or
1695 (c) results in the situations in both Subsections [
1696 [
1697 project established and administered by the division for youth offenders for the purpose of
1698 rehabilitation, education, and restitution to victims.
1699 [
1700 reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
1701 jurisdiction of the division, for confinement in a secure facility or supervision in the
1702 community, following adjudication for a delinquent act which would constitute a felony or
1703 misdemeanor if committed by an adult in accordance with Section 78A-6-117.
1704 [
1705 conflict:
1706 (i) for families in crisis when a minor is ungovernable or runaway; or
1707 (ii) involving a minor and the minor's parent or guardian.
1708 (b) These services include efforts to:
1709 (i) resolve family conflict;
1710 (ii) maintain or reunite minors with their families; and
1711 (iii) divert minors from entering or escalating in the juvenile justice system[
1712 (c) The services may provide:
1713 (i) crisis intervention;
1714 (ii) short-term shelter;
1715 (iii) time out placement; and
1716 (iv) family counseling.
1717 Section 27. Section 62A-7-104 is amended to read:
1718 62A-7-104. Division responsibilities.
1719 (1) The division is responsible for all youth offenders committed to [
1720 juvenile courts for secure confinement or supervision and treatment in the community in
1721 accordance with Section 78A-6-117.
1722 (2) The division shall:
1723 (a) establish and administer a continuum of community, secure, and nonsecure
1724 programs for all youth offenders committed to the division;
1725 (b) establish and maintain all detention and secure facilities and set minimum standards
1726 for those facilities;
1727 (c) establish and operate prevention and early intervention youth services programs for
1728 nonadjudicated youth placed with the division; and
1729 (d) establish observation and assessment programs necessary to serve youth offenders
1730 [
1731
1732
1733 (3) The division shall place youth offenders committed to it in the most appropriate
1734 program for supervision and treatment.
1735 (4) In any order committing a youth offender to the division, the juvenile court shall
1736 [
1737 Subsection 78A-6-117(2)(c), or placement in a community-based program[
1738 78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c) or (d) underlying
1739 the commitment. The division shall place the youth offender in the most appropriate program
1740 within the category specified by the court.
1741 (5) The division shall employ staff necessary to:
1742 (a) supervise and control youth offenders in secure facilities or in the community;
1743 (b) supervise and coordinate treatment of youth offenders committed to the division for
1744 placement in community-based programs; and
1745 (c) control and supervise adjudicated and nonadjudicated youth placed with the
1746 division for temporary services in receiving centers, youth services, and other programs
1747 established by the division.
1748 (6) (a) Youth in the custody or temporary custody of the division are controlled or
1749 detained in a manner consistent with public safety and rules [
1750 division. In the event of an unauthorized leave from a secure facility, detention center,
1751 community-based program, receiving center, home, or any other designated placement,
1752 division employees have the authority and duty to locate and apprehend the youth, or to initiate
1753 action with local law enforcement agencies for assistance.
1754 (b) A rule made by the division under this Subsection (6) may not permit secure
1755 detention based solely on the existence of multiple status offenses, misdemeanors, or
1756 infractions alleged in the same criminal episode.
1757 (7) The division shall establish and operate compensatory-service work programs for
1758 youth offenders committed to the division by the juvenile court. The compensatory-service
1759 work program may not be residential and shall:
1760 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
1761 parks, highways, and other programs designated by the division;
1762 (b) provide educational and prevocational programs in cooperation with the State
1763 Board of Education for youth offenders placed in the program; and
1764 (c) provide counseling to youth offenders.
1765 (8) The division shall establish minimum standards for the operation of all private
1766 residential and nonresidential rehabilitation facilities [
1767 who have committed a delinquent act[
1768 (9) In accordance with policies established by the board, the division shall provide
1769 regular training for staff of secure facilities, detention staff, case management staff, and staff of
1770 the community-based programs.
1771 (10) (a) The division is authorized to employ special function officers, as defined in
1772 Section 53-13-105, to locate and apprehend minors who have absconded from division
1773 custody, transport minors taken into custody pursuant to division policy, investigate cases, and
1774 carry out other duties as assigned by the division.
1775 (b) Special function officers may be employed through contract with the Department of
1776 Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
1777 (11) The division shall designate employees to obtain the saliva DNA specimens
1778 required under Section 53-10-403. The division shall ensure that the designated employees
1779 receive appropriate training and that the specimens are obtained in accordance with accepted
1780 protocol.
1781 (12) The division shall register with the Department of Corrections any person who:
1782 (a) has been adjudicated delinquent based on an offense listed in Subsection
1783 77-41-102(17)(a);
1784 (b) has been committed to the division for secure confinement; and
1785 (c) remains in the division's custody 30 days [
1786 birthday.
1787 (13) The division shall ensure that a program delivered to a youth offender under this
1788 section is evidence based in accordance with Section 63M-7-208.
1789 Section 28. Section 62A-7-107.5 is amended to read:
1790 62A-7-107.5. Contracts with private providers.
1791 (1) This chapter does not prohibit the division from contracting with private providers
1792 or other agencies for the construction, operation, and maintenance of juvenile facilities or the
1793 provision of care, treatment, and supervision of youth offenders who have been committed to
1794 the care of the division.
1795 (2) All programs for the care, treatment, and supervision of youth offenders committed
1796 to the division shall be licensed in compliance with division standards within six months after
1797 commencing operation.
1798 (3) A contract for the care, treatment, and supervision of a youth offender committed to
1799 the division shall be executed in accordance with the performance-based contracting system
1800 developed under Section 63M-7-208.
1801 Section 29. Section 62A-7-109.5 is amended to read:
1802 62A-7-109.5. Restitution by youth offender.
1803 (1) The division shall make reasonable efforts to ensure that restitution is made to the
1804 victim of a youth offender. Restitution shall be made through the employment of youth
1805 offenders in work programs. However, reimbursement to the victim of a youth offender is
1806 conditional upon that youth offender's involvement in the work program.
1807 (2) Restitution ordered by the court may be made a condition of release, placement, or
1808 parole by the division. [
1809
1810
1811
1812 (3) The division shall notify the juvenile court of all restitution paid to victims through
1813 the employment of youth offenders in work programs.
1814 Section 30. Section 62A-7-201 is amended to read:
1815 62A-7-201. Confinement -- Facilities -- Restrictions.
1816 (1) Children under 18 years of age, who are apprehended by any officer or brought
1817 before any court for examination under any provision of state law, may not be confined in jails,
1818 lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
1819 secure postadjudication correctional facilities operated by the division, except as provided in
1820 Subsection (2), other specific statute, or in conformance with standards approved by the board.
1821 (2) (a) Children charged with crimes under Section 78A-6-701, as a serious youth
1822 offender under Section 78A-6-702 and bound over to the jurisdiction of the district court, or
1823 certified to stand trial as an adult pursuant to Section 78A-6-703, if detained, shall be detained
1824 as provided in these sections.
1825 (b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 [
1826
1827 in certified juvenile detention accommodations in accordance with rules [
1828 by the [
1829 standards for acceptable sight and sound separation from adult inmates. The [
1830 Commission on Criminal and Juvenile Justice certifies facilities that are in compliance with the
1831 [
1832 This Subsection (2)(b) [
1833 accordance with Subsection (2)(a).
1834 (3) In areas of low density population, the [
1835 Juvenile Justice may, by rule, approve juvenile holding accommodations within adult facilities
1836 that have acceptable sight and sound separation. Those facilities shall be used only for
1837 short-term holding purposes, with a maximum confinement of six hours, for children alleged to
1838 have committed an act which would be a criminal offense if committed by an adult.
1839 Acceptable short-term holding purposes are: identification, notification of juvenile court
1840 officials, processing, and allowance of adequate time for evaluation of needs and circumstances
1841 regarding release or transfer to a shelter or detention facility. [
1842 Subsection (3) [
1843 with Subsection (2)(a).
1844 (4) Children who are alleged to have committed an act [
1845 criminal offense if committed by an adult, may be detained in holding rooms in local law
1846 enforcement agency facilities for a maximum of two hours, for identification or interrogation,
1847 or while awaiting release to a parent or other responsible adult. Those rooms shall be certified
1848 by the [
1849 Commission on Criminal and Juvenile Justice's rules. Those rules shall include provisions for
1850 constant supervision and for sight and sound separation from adult inmates.
1851 (5) Willful failure to comply with [
1852 misdemeanor.
1853 (6) (a) The division is responsible for the custody and detention of children under 18
1854 years of age who require detention care [
1855 assignment to a home or facility, as a dispositional placement under Subsection
1856 78A-6-117(2)(f)(i) [
1857 62A-7-504[
1858 juveniles held in an adult detention facility in accordance with Subsection (2)(a).
1859 (b) (i) The [
1860 standards for custody or detention under Subsections (2)(b), (3), and (4)[
1861 (ii) The division shall determine and set standards for conditions of care and
1862 confinement of children in detention facilities.
1863 (c) All other custody or detention shall be provided by the division, or by contract with
1864 a public or private agency willing to undertake temporary custody or detention upon agreed
1865 terms, or in suitable premises distinct and separate from the general jails, lockups, or cells used
1866 in law enforcement and corrections systems. [
1867 [
1868 Subsection (2)(a).
1869 Section 31. Section 62A-7-202 is amended to read:
1870 62A-7-202. Location of detention facilities and services.
1871 (1) The division shall provide detention facilities and services in each county, or group
1872 of counties, as the population demands, in accordance with [
1873 (2) The division[
1874 implementation, and administration of home detention services available in every judicial
1875 district, and shall establish criteria for placement on home detention.
1876 (3) (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
1877 Administrative Rulemaking Act, establishing standards for admission to secure detention and
1878 home detention programs.
1879 (b) The rules made under this Subsection (3) shall prioritize use of home detention for
1880 a minor who might otherwise be held in secure detention.
1881 (4) The division shall provide training regarding implementation of the rules to law
1882 enforcement agencies, division employees, juvenile court employees, and other affected
1883 agencies and individuals upon their request.
1884 Section 32. Section 62A-7-404 is amended to read:
1885 62A-7-404. Commitment -- Termination and review.
1886 (1) A youth offender who has been committed to a secure facility shall remain until the
1887 offender reaches the age of 21, is paroled, or is discharged.
1888 (2) A youth offender who has been committed to a secure facility shall appear before
1889 the authority within [
1890 establishment of parole release guidelines.
1891 (3) (a) For a youth offender committed to a secure facility, except a youth offender
1892 excluded under Subsection (5), the authority shall set a presumptive term of commitment that
1893 does not exceed three to six months.
1894 (b) The authority shall release the minor onto parole at the end of the presumptive term
1895 of commitment unless at least one the following circumstances exists:
1896 (i) termination would interrupt the completion of a necessary treatment program; or
1897 (ii) the youth commits a new misdemeanor or felony offense.
1898 (c) Completion of a program under Subsection (3)(b)(i) shall be determined by a
1899 minor's consistent attendance and completing the goals of the necessary treatment program as
1900 determined by the Youth Parole Authority after consideration of the recommendations of a
1901 licensed service provider.
1902 (d) The authority may extend the length of commitment and delay parole release for the
1903 time needed to address the specific circumstance only if one of the circumstances under
1904 Subsection (3)(b) exists.
1905 (e) The length of the extension and the grounds for the extension shall be recorded and
1906 reported annually to the Commission on Criminal and Juvenile Justice.
1907 (4) (a) For a youth offender committed to a secure facility, except a youth offender
1908 excluded under Subsection (5), the authority shall set a presumptive term of parole supervision
1909 that does not exceed three to four months.
1910 (b) A minor whom the authority determines is unable to return home immediately upon
1911 release may serve the term of parole in the home of a qualifying relative or guardian, or at an
1912 independent living program contracted or operated by the division.
1913 (c) The authority shall release the minor from parole and terminate jurisdiction at the
1914 end of the presumptive term of parole unless at least one the following circumstances exists:
1915 (i) termination would interrupt the completion of a necessary treatment program;
1916 (ii) the youth commits a new misdemeanor or felony offense; or
1917 (iii) service hours have not been completed.
1918 (d) Completion of a program under Subsection (4)(c) shall be determined by a minor's
1919 consistent attendance and completing the goals of the necessary treatment program as
1920 determined by the Youth Parole Authority after consideration of the recommendations of a
1921 licensed service provider.
1922 (e) If one of the circumstances under Subsection (4)(c) exists, the authority may delay
1923 parole release only for the time needed to address the specific circumstance.
1924 (f) Grounds for extension of the presumptive length of parole and the length of the
1925 extension shall be recorded and reported annually to the Commission on Criminal and Juvenile
1926 Justice.
1927 (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
1928 shall toll until the minor returns.
1929 (5) Subsections (3) and (4) do not apply to a youth offender committed to a secure
1930 facility for:
1931 (a) Section 76-5-202, attempted aggravated murder;
1932 (b) Section 76-5-203, murder or attempted murder;
1933 (c) Section 76-5-405, aggravated sexual assault;
1934 (d) a felony violation of:
1935 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1936 (ii) Section 76-5-302, aggravated kidnapping; or
1937 (iii) Section 76-6-103, aggravated arson;
1938 (e) Section 76-6-203, aggravated burglary;
1939 (f) Section 76-6-302, aggravated robbery;
1940 (g) Section 76-10-508.1, felony discharge of a firearm; or
1941 (h) an offense other than those listed in Subsections (5)(a) through (g) involving the
1942 use of a dangerous weapon that would be a felony if committed by an adult, and the minor has
1943 been previously adjudicated or convicted of an offense involving the use of a dangerous
1944 weapon that also would have been a felony if committed by an adult.
1945 (6) (a) The division may continue to have responsibility for any minor discharged
1946 under this section from parole until 21 years of age for the purposes of specific educational or
1947 rehabilitative programs, under conditions agreed upon by both the division and the minor and
1948 terminable by either.
1949 (b) The division shall offer the educational or rehabilitative program before the minor's
1950 discharge date as provided in this section.
1951 (c) Notwithstanding Subsection (6)(b), a minor may request and the division shall
1952 consider any such request for the services described in this section, for up to 90 days after the
1953 minor's effective date of discharge, even when the minor has previously declined services or
1954 services were terminated for noncompliance, and may reach an agreement with the minor,
1955 terminable by either, to provide the services described in this section until the minor attains the
1956 age of 21.
1957 Section 33. Section 62A-7-501 is amended to read:
1958 62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
1959 (1) There is created within the division a Youth Parole Authority.
1960 (2) (a) The authority is composed of 10 part-time members and five pro tempore
1961 members who are residents of this state. No more than three pro tempore members may serve
1962 on the authority at any one time.
1963 (b) Throughout this section, the term "member" refers to both part-time and pro
1964 tempore members of the Youth Parole Authority.
1965 (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
1966 four-year terms by the governor with the consent of the Senate.
1967 (b) The governor shall, at the time of appointment or reappointment, adjust the length
1968 of terms to ensure that the terms of authority members are staggered so that approximately half
1969 of the authority is appointed every two years.
1970 (4) Each member shall have training or experience in social work, law, juvenile or
1971 criminal justice, or related behavioral sciences.
1972 (5) When a vacancy occurs in the membership for any reason, the replacement member
1973 shall be appointed for the unexpired term.
1974 (6) During the tenure of [
1975 (a) be an employee of the department, other than in [
1976 member of the authority;
1977 (b) hold any public office;
1978 (c) hold any position in the state's juvenile justice system; or
1979 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
1980 juvenile justice agency or its contractor.
1981 (7) In extraordinary circumstances or when a regular member is absent or otherwise
1982 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
1983 (8) A member may not receive compensation or benefits for the member's service, but
1984 may receive per diem and travel expenses in accordance with:
1985 (a) Section 63A-3-106;
1986 (b) Section 63A-3-107; and
1987 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1988 63A-3-107.
1989 (9) The authority shall determine appropriate parole dates for youth offenders, based on
1990 guidelines established by the board and in accordance with Section 62A-7-404. The board
1991 shall review and update policy guidelines annually.
1992 (10) Youth offenders may be paroled to their own homes, [
1993
1994 independent living program contracted or operated by the division, to an approved independent
1995 living setting, or to other appropriate residences of qualifying relatives or guardians, but shall
1996 remain on parole until parole is terminated by the authority in accordance with Section
1997 62A-7-404.
1998 (11) The division's case management staff shall implement parole release plans and
1999 shall supervise youth offenders while on parole.
2000 (12) The division shall permit the authority to have reasonable access to youth
2001 offenders in secure facilities and shall furnish all pertinent data requested by the authority in
2002 matters of parole, revocation, and termination.
2003 Section 34. Section 62A-7-504 is amended to read:
2004 62A-7-504. Parole revocation -- Hearing -- Procedures.
2005 (1) The authority may revoke the parole of a youth offender only after a hearing and
2006 upon determination that there has been a violation of law or of a condition of parole by the
2007 youth offender [
2008 parole revocation hearing shall be held at a secure facility.
2009 (2) Before returning a youth offender to a secure facility for a parole revocation or
2010 rescission hearing, the division shall provide a prerevocation or prerescission hearing within
2011 the vicinity of the alleged violation, to determine whether there is probable cause to believe
2012 that the youth offender violated the conditions of [
2013 finding of probable cause, the youth offender may be remanded to a secure facility, pending a
2014 revocation hearing.
2015 (3) The authority shall only proceed with the parole revocation or rescission process in
2016 accordance with the system of appropriate responses developed pursuant to Section 78A-6-123
2017 on and after July 1, 2018.
2018 [
2019 revocation hearing, and if the youth offender or [
2020 but cannot afford legal representation, the authority shall appoint legal counsel.
2021 [
2022 compel attendance of witnesses, compel production of books, papers and other documents,
2023 administer oaths, and take testimony under oath for the purposes of conducting the hearings.
2024 [
2025 place, and reason for the hearing, and has the right to appear at the hearing.
2026 (b) The authority shall provide the youth offender an opportunity to be heard, to
2027 present witnesses and evidence, and to confront and cross-examine adverse witnesses, unless
2028 there is good cause for disallowing that confrontation.
2029 [
2030 majority vote of the present members of the authority.
2031 [
2032 provide written notice to the youth offender of the decision and reason for the decision.
2033 [
2034 employee to take into custody a youth offender alleged to be in violation of parole conditions in
2035 accordance with Section 78A-6-123 on and after July 1, 2018.
2036 (b) The division may issue a warrant to any peace officer or division employee to
2037 retake a youth offender who has escaped from a secure facility.
2038 (c) Based upon the warrant issued under this Subsection [
2039 be held in a local detention facility for no longer than 48 hours, excluding weekends and legal
2040 holidays, to allow time for a prerevocation or prerecission hearing of the alleged parole
2041 violation, or in the case of an escapee, arrangement for transportation to the secure facility.
2042 Section 35. Section 62A-7-506 is amended to read:
2043 62A-7-506. Discharge of youth offender.
2044 (1) A youth offender may be discharged from the jurisdiction of the division at any
2045 time, by written order of the Youth Parole Authority, upon a finding that no further purpose
2046 would be served by secure confinement or supervision in a community setting.
2047 (2) Discharge of a youth offender shall be in accordance with policies approved by the
2048 board and Section 62A-7-404.
2049 (3) Discharge of a youth offender is a complete release of all penalties incurred by
2050 adjudication of the offense for which the youth offender was committed.
2051 Section 36. Section 62A-7-601 is amended to read:
2052 62A-7-601. Youth services for prevention and early intervention -- Program
2053 standards -- Program services.
2054 (1) The division shall establish and operate prevention and early intervention youth
2055 services programs.
2056 (2) The division shall adopt with the approval of the board statewide policies and
2057 procedures, including minimum standards for the organization and operation of youth services
2058 programs.
2059 (3) The division shall establish housing, programs, and procedures to ensure that youth
2060 who are receiving services under this section and who are not in the custody of the division are
2061 served separately from youth who are in custody of the division.
2062 (4) The division may enter into contracts with state and local governmental entities and
2063 private providers to provide the youth services.
2064 (5) The division shall establish and administer juvenile receiving centers and other
2065 programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
2066 for nonadjudicated and adjudicated youth placed with the division.
2067 (6) The division shall prioritize use of evidence-based juvenile justice programs and
2068 practices.
2069 Section 37. Section 62A-7-701 is amended to read:
2070 62A-7-701. Community-based programs.
2071 (1) (a) The division shall operate residential and nonresidential community-based
2072 programs to provide care, treatment, and supervision [
2073 youth offenders committed to the division by juvenile courts.
2074 (b) The division shall operate or contract for nonresidential community-based
2075 programs and independent living programs to provide care, treatment, and supervision of
2076 paroled youth offenders.
2077 (2) The division shall adopt, with the approval of the board, minimum standards for the
2078 organization and operation of community-based corrections programs for youth offenders.
2079 (3) The division shall place youth offenders committed to it for community-based
2080 programs in the most appropriate program based upon the division's evaluation of the youth
2081 offender's needs and the division's available resources in accordance with Sections 62A-7-404
2082 and 78A-6-117.
2083 Section 38. Section 63I-2-262 is amended to read:
2084 63I-2-262. Repeal dates, Title 62A.
2085 Section 62A-1-111.5 is repealed July 1, 2018.
2086 Section 39. Section 63M-7-204 is amended to read:
2087 63M-7-204. Duties of commission.
2088 (1) The State Commission on Criminal and Juvenile Justice administration shall:
2089 [
2090 [
2091 justice agencies;
2092 [
2093 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
2094 reduction of crime in the state;
2095 [
2096 address reducing recidivism, including changes in penalties and sentencing guidelines intended
2097 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
2098 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
2099 alternative to incarceration, as resources allow;
2100 [
2101 jurisdictions which have effectively reduced crime;
2102 [
2103 commission determines will significantly reduce crime in Utah;
2104 [
2105 legislation, state budget, and facility requests, including program and fiscal impact on all
2106 components of the criminal and juvenile justice system;
2107 [
2108 and federal criminal justice grant money;
2109 [
2110 give technical assistance to agencies or local units of government on methods to promote
2111 public awareness;
2112 [
2113 and juvenile justice system;
2114 [
2115 [
2116 juvenile justice systems, including specific projections for secure bed space;
2117 [
2118 systems that are consistent with common standards for data storage and are capable of
2119 appropriately sharing information with other criminal justice information systems by:
2120 [
2121 criminal justice agencies;
2122 [
2123 by state criminal justice agencies to assess their accuracy, completeness, and adherence to
2124 standards;
2125 [
2126 the improvement of information management for law enforcement and the administration of
2127 justice; and
2128 [
2129 information systems and making rules as necessary to carry out the duties under [
2130 Subsection [
2131 [
2132 education programs to help prevent the sexual exploitation of children;
2133 [
2134 Enforcement Operations Account created in Section 51-9-411 for law enforcement operations
2135 and programs related to reducing illegal drug activity and related criminal activity;
2136 [
2137 reported by agencies and contractors related to policies recommended by the commission
2138 regarding recidivism reduction; [
2139 [
2140 funds appropriated by the Legislature to programs and practices implemented by counties that
2141 reduce recidivism and reduce the number of offenders per capita who are incarcerated[
2142 (r) oversee or designate an entity to oversee the implementation of juvenile justice
2143 reforms; and
2144 (s) make rules and administer the juvenile holding room standards and juvenile jail
2145 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
2146 pursuant to 42 U.S.C. Sec. 5633.
2147 (2) If the commission designates an entity under Subsection (1)(r), the commission
2148 shall ensure that the membership of the entity includes representation from the three branches
2149 of government and, as determined by the commission, representation from relevant stakeholder
2150 groups across all parts of the juvenile justice system, including county representation.
2151 Section 40. Section 63M-7-208 is enacted to read:
2152 63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
2153 (1) The Commission on Criminal and Juvenile Justice shall:
2154 (a) support implementation and expansion of evidence-based juvenile justice programs
2155 and practices, including assistance regarding implementation fidelity, quality assurance, and
2156 ongoing evaluation;
2157 (b) examine and make recommendations on the use of third-party entities or an
2158 intermediary organization to assist with implementation and to support the performance-based
2159 contracting system authorized in Subsection (1)(m);
2160 (c) oversee the development of performance measures to track juvenile justice reforms,
2161 and ensure early and ongoing stakeholder engagement in identifying the relevant performance
2162 measures;
2163 (d) evaluate currently collected data elements throughout the juvenile justice system
2164 and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
2165 inefficiencies, and ensure a focus on recidivism reduction;
2166 (e) review averted costs from reductions in out-of-home placements for juvenile justice
2167 youth placed with the Division of Juvenile Justice Services and the Division of Child and
2168 Family Services, and make recommendations to prioritize the reinvestment and realignment of
2169 resources into community-based programs for youth living at home, including the following:
2170 (i) statewide expansion of:
2171 (A) receiving centers;
2172 (B) mobile crisis outreach teams, as defined in Section 78A-6-105;
2173 (C) youth courts; and
2174 (D) victim-offender mediation;
2175 (ii) statewide implementation of nonresidential diagnostic assessment;
2176 (iii) statewide availability of evidence-based programs and practices including
2177 cognitive behavioral and family therapy programs for minors assessed by a validated risk and
2178 needs assessment as moderate or high risk;
2179 (iv) implementation and infrastructure to support the sustainability and fidelity of
2180 evidence-based juvenile justice programs, including resources for staffing, transportation, and
2181 flexible funds; and
2182 (v) early intervention programs such as family strengthening programs, family
2183 wraparound services, and proven truancy interventions;
2184 (f) assist the Administrative Office of the Courts in the development of a statewide
2185 sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
2186 family to pay;
2187 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
2188 such as the operation of early intervention services, receiving centers, and diversion, and make
2189 recommendations to reallocate functions as appropriate, in accordance with Section
2190 62A-7-601;
2191 (h) ensure that data reporting is expanded and routinely review data in additional areas,
2192 including:
2193 (i) referral and disposition data by judicial district;
2194 (ii) data on the length of time minors spend in the juvenile justice system, including the
2195 total time spent under court jurisdiction, on community supervision, and in each out-of-home
2196 placement;
2197 (iii) recidivism data for diversion types pursuant to Section 78A-6-602 and disposition
2198 types pursuant to Section 78A-6-117, including tracking minors into the adult corrections
2199 system;
2200 (iv) change in aggregate risk levels from the time minors receive services, are under
2201 supervision, and are in out-of-home placement; and
2202 (v) dosage of programming;
2203 (i) develop a reasonable timeline within which all programming delivered to minors in
2204 the juvenile justice system must be evidence-based or consist of practices that are rated as
2205 effective for reducing recidivism by a standardized program evaluation tool;
2206 (j) provide guidelines to be considered by the Administrative Office of the Courts and
2207 the Division of Juvenile Justice Services in developing tools considered by the Administrative
2208 Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
2209 tools to be used for the evaluation of juvenile justice programs;
2210 (k) develop a timeline to support improvements to juvenile justice programs to achieve
2211 reductions in recidivism and review reports from relevant state agencies on progress toward
2212 reaching that timeline;
2213 (l) subject to Subsection (2), assist in the development of training for juvenile justice
2214 stakeholders, including educators, law enforcement officers, probation staff, judges, Division
2215 of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
2216 providers;
2217 (m) subject to Subsection (3), assist in the development of a performance-based
2218 contracting system, which shall be developed by the Administrative Office of the Courts and
2219 the Division of Juvenile Justice Services for contracted services in the community and
2220 contracted out-of-home placement providers;
2221 (n) assist in the development of a validated detention risk assessment tool that shall be
2222 developed or adopted and validated by the Administrative Office of the Courts and the
2223 Division of Juvenile Justice Services as provided in Section 78A-6-124 on and after July 1,
2224 2018; and
2225 (o) annually issue and make public a report to the governor, president of the Senate,
2226 speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
2227 progress of the reforms and any additional areas in need of review.
2228 (2) Training described in Subsection (1)(l) should include instruction on
2229 evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
2230 and fidelity, and shall be supplemented by the following topics:
2231 (a) adolescent development;
2232 (b) identifying and using local behavioral health resources;
2233 (c) implicit bias;
2234 (d) cultural competency;
2235 (e) graduated responses;
2236 (f) Utah juvenile justice system data and outcomes; and
2237 (g) gangs.
2238 (3) The system described in Subsection (1)(m) shall provide incentives for:
2239 (a) the use of evidence-based juvenile justice programs and practices rated as effective
2240 by the tools selected in accordance with Subsection (1)(j);
2241 (b) the use of three-month timelines for program completion; and
2242 (c) evidence-based programs and practices for minors living at home in rural areas.
2243 (4) The Commission on Criminal and Juvenile Justice may delegate the duties imposed
2244 under this section to a subcommittee or board established by the Commission on Criminal and
2245 Juvenile Justice in accordance with Subsection 63M-7-204(2).
2246 (5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
2247 section takes effect July 1, 2018.
2248 Section 41. Section 63M-7-404 is amended to read:
2249 63M-7-404. Purpose -- Duties.
2250 (1) The purpose of the commission shall be to develop guidelines and propose
2251 recommendations to the Legislature, the governor, and the Judicial Council about the
2252 sentencing and release of juvenile and adult offenders in order to:
2253 (a) respond to public comment;
2254 (b) relate sentencing practices and correctional resources;
2255 (c) increase equity in criminal sentencing;
2256 (d) better define responsibility in criminal sentencing; and
2257 (e) enhance the discretion of sentencing judges while preserving the role of the Board
2258 of Pardons and Parole and the Youth Parole Authority.
2259 (2) (a) The commission shall modify the sentencing guidelines for adult offenders to
2260 implement the recommendations of the Commission on Criminal and Juvenile Justice for
2261 reducing recidivism.
2262 (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
2263 the public and ensuring efficient use of state funds.
2264 (3) (a) The commission shall modify the criminal history score in the sentencing
2265 guidelines for adult offenders to implement the recommendations of the Commission on
2266 Criminal and Juvenile Justice for reducing recidivism.
2267 (b) The modifications to the criminal history score under Subsection (3)(a) shall
2268 include factors in an offender's criminal history that are relevant to the accurate determination
2269 of an individual's risk of offending again.
2270 (4) (a) The commission shall establish sentencing guidelines for periods of
2271 incarceration for individuals who are on probation and:
2272 (i) who have violated one or more conditions of probation; and
2273 (ii) whose probation has been revoked by the court.
2274 (b) The guidelines shall consider the seriousness of the violation of the conditions of
2275 probation, the probationer's conduct while on probation, and the probationer's criminal history.
2276 (5) (a) The commission shall establish sentencing guidelines for periods of
2277 incarceration for individuals who are on parole and:
2278 (i) who have violated a condition of parole; and
2279 (ii) whose parole has been revoked by the Board of Pardons and Parole.
2280 (b) The guidelines shall consider the seriousness of the violation of the conditions of
2281 parole, the individual's conduct while on parole, and the individual's criminal history.
2282 (6) The commission shall establish graduated sanctions to facilitate the prompt and
2283 effective response to an individual's violation of the terms of probation or parole by the adult
2284 probation and parole section of the Department of Corrections in order to implement the
2285 recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism,
2286 including:
2287 (a) sanctions to be used in response to a violation of the terms of probation or parole;
2288 (b) when violations should be reported to the court or the Board of Pardons and Parole;
2289 and
2290 (c) a range of sanctions that may not exceed a period of incarceration of more than:
2291 (i) three consecutive days; and
2292 (ii) a total of five days in a period of 30 days.
2293 (7) The commission shall establish graduated incentives to facilitate a prompt and
2294 effective response by the adult probation and parole section of the Department of Corrections
2295 to an offender's:
2296 (a) compliance with the terms of probation or parole; and
2297 (b) positive conduct that exceeds those terms.
2298 (8) (a) The commission shall establish guidelines, including sanctions and incentives,
2299 to appropriately respond to negative and positive behavior of juveniles who are:
2300 (i) nonjudicially adjusted;
2301 (ii) placed on diversion;
2302 (iii) placed on probation;
2303 (iv) placed on community supervision;
2304 (v) placed in an out-of-home placement; or
2305 (vi) placed in a secure care facility.
2306 (b) In establishing guidelines under this Subsection (8), the commission shall consider:
2307 (i) the seriousness of the negative and positive behavior;
2308 (ii) the juvenile's conduct post-adjudication; and
2309 (iii) the delinquency history of the juvenile.
2310 (c) The guidelines shall include:
2311 (i) responses that are swift and certain;
2312 (ii) a continuum of community-based options for juveniles living at home;
2313 (iii) responses that target the individual's criminogenic risk and needs; and
2314 (iv) incentives for compliance, including earned discharge credits.
2315 Section 42. Section 76-5-413 is amended to read:
2316 76-5-413. Custodial sexual relations or misconduct with youth receiving state
2317 services -- Definitions -- Penalties -- Defenses.
2318 (1) As used in this section:
2319 (a) "Actor" means:
2320 (i) a person employed by the Department of Human Services, as created in Section
2321 62A-1-102, or an employee of a private provider or contractor; or
2322 (ii) a person employed by the juvenile court of the state, or an employee of a private
2323 provider or contractor.
2324 (b) "Department" means the Department of Human Services created in Section
2325 62A-1-102.
2326 (c) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102.
2327 (d) "Private provider or contractor" means any person or entity that contracts with the:
2328 (i) department to provide services or functions that are part of the operation of the
2329 department; or
2330 (ii) juvenile court to provide services or functions that are part of the operation of the
2331 juvenile court.
2332 (e) "Youth receiving state services" means a person:
2333 (i) younger than 18 years of age, except as provided under Subsection (1)(e)(ii), who is:
2334 (A) in the custody of the department under Subsection 78A-6-117(2)(c)[
2335 (B) receiving services from any division of the department if any portion of the costs of
2336 these services is covered by public money as defined in Section 76-8-401; or
2337 (ii) younger than 21 years of age who is:
2338 (A) in the custody of the Division of Juvenile Justice Services, or the Division of Child
2339 and Family Services; or
2340 (B) under the jurisdiction of the juvenile court.
2341 (2) (a) An actor commits custodial sexual relations with a youth receiving state
2342 services if the actor commits any of the acts under Subsection (3):
2343 (i) under circumstances not amounting to commission of, or an attempt to commit, an
2344 offense under Subsection (6); and
2345 (ii) (A) the actor knows that the individual is a youth receiving state services; or
2346 (B) a reasonable person in the actor's position should have known under the
2347 circumstances that the individual was a youth receiving state services.
2348 (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
2349 state services is younger than 18 years of age, a violation of Subsection (2)(a) is a second
2350 degree felony.
2351 (c) If the act committed under this Subsection (2) amounts to an offense subject to a
2352 greater penalty under another provision of state law than is provided under this Subsection (2),
2353 this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
2354 (3) Acts referred to in Subsection (2)(a) are:
2355 (a) having sexual intercourse with a youth receiving state services;
2356 (b) engaging in any sexual act with a youth receiving state services involving the
2357 genitals of one person and the mouth or anus of another person, regardless of the sex of either
2358 participant; or
2359 (c) causing the penetration, however slight, of the genital or anal opening of a youth
2360 receiving state services by any foreign object, substance, instrument, or device, including a part
2361 of the human body, with the intent to cause substantial emotional or bodily pain to any person,
2362 regardless of the sex of any participant or with the intent to arouse or gratify the sexual desire
2363 of any person, regardless of the sex of any participant.
2364 (4) (a) An actor commits custodial sexual misconduct with a youth receiving state
2365 services if the actor commits any of the acts under Subsection (5):
2366 (i) under circumstances not amounting to commission of, or an attempt to commit, an
2367 offense under Subsection (6); and
2368 (ii) (A) the actor knows that the individual is a youth receiving state services; or
2369 (B) a reasonable person in the actor's position should have known under the
2370 circumstances that the individual was a youth receiving state services.
2371 (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
2372 receiving state services is younger than 18 years of age, a violation of Subsection (4)(a) is a
2373 third degree felony.
2374 (c) If the act committed under this Subsection (4) amounts to an offense subject to a
2375 greater penalty under another provision of state law than is provided under this Subsection (4),
2376 this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
2377 (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
2378 the intent to cause substantial emotional or bodily pain to any person or with the intent to
2379 arouse or gratify the sexual desire of any person, regardless of the sex of any participant:
2380 (a) touching the anus, buttocks, or any part of the genitals of a youth receiving state
2381 services;
2382 (b) touching the breast of a female youth receiving state services;
2383 (c) otherwise taking indecent liberties with a youth receiving state services; or
2384 (d) causing a youth receiving state services to take indecent liberties with the actor or
2385 another person.
2386 (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
2387 (a) Section 76-5-401, unlawful sexual activity with a minor;
2388 (b) Section 76-5-402, rape;
2389 (c) Section 76-5-402.1, rape of a child;
2390 (d) Section 76-5-402.2, object rape;
2391 (e) Section 76-5-402.3, object rape of a child;
2392 (f) Section 76-5-403, forcible sodomy;
2393 (g) Section 76-5-403.1, sodomy on a child;
2394 (h) Section 76-5-404, forcible sexual abuse;
2395 (i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or
2396 (j) Section 76-5-405, aggravated sexual assault.
2397 (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
2398 with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
2399 a youth receiving state services under Subsection (4), or an attempt to commit either of these
2400 offenses, if the youth receiving state services is younger than 18 years of age, that the actor:
2401 (i) mistakenly believed the youth receiving state services to be 18 years of age or older
2402 at the time of the alleged offense; or
2403 (ii) was unaware of the true age of the youth receiving state services.
2404 (b) Consent of the youth receiving state services is not a defense to any violation or
2405 attempted violation of Subsection (2) or (4).
2406 (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
2407 is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
2408 Section 43. Section 76-9-701 is amended to read:
2409 76-9-701. Intoxication -- Release of arrested person or placement in detoxification
2410 center.
2411 (1) A person is guilty of intoxication if the person is under the influence of alcohol, a
2412 controlled substance, or any substance having the property of releasing toxic vapors, to a
2413 degree that the person may endanger the person or another, in a public place or in a private
2414 place where the person unreasonably disturbs other persons.
2415 (2) (a) A peace officer or a magistrate may release from custody a person arrested
2416 under this section if the peace officer or magistrate believes imprisonment is unnecessary for
2417 the protection of the person or another.
2418 (b) A peace officer may take the arrested person to a detoxification center or other
2419 special facility as an alternative to incarceration or release from custody.
2420 (3) (a) If a minor is found by a court to have violated this section and the violation is
2421 the minor's first violation of this section, the court may:
2422 (i) order the minor to complete a screening as defined in Section 41-6a-501;
2423 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
2424 screening indicates an assessment to be appropriate; and
2425 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
2426 or substance [
2427 (b) If a minor is found by a court to have violated this section and the violation is the
2428 minor's second or subsequent violation of this section, the court shall:
2429 (i) order the minor to complete a screening as defined in Section 41-6a-501;
2430 (ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the
2431 screening indicates an assessment to be appropriate; and
2432 (iii) order the minor to complete an educational series as defined in Section 41-6a-501
2433 or substance [
2434 (4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
2435 found by a court to have violated this section, the court hearing the case shall suspend the
2436 minor's driving privileges under Section 53-3-219.
2437 (b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
2438 suspension period required under Section 53-3-219 if:
2439 (i) the violation is the minor's first violation of this section; and
2440 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
2441 (B) the minor demonstrates substantial progress in substance [
2442 treatment.
2443 (c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
2444 requirements of Section 53-3-219, the court may reduce the suspension period required under
2445 Section 53-3-219 if:
2446 (i) the violation is the minor's second or subsequent violation of this section;
2447 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
2448 demonstrated substantial progress in substance [
2449 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
2450 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
2451 consecutive period during the suspension period imposed under Subsection (4)(a); or
2452 (B) the person is under 18 years of age and has the person's parent or legal guardian
2453 provide an affidavit or sworn statement to the court certifying that to the parent or legal
2454 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
2455 one-year consecutive period during the suspension period imposed under Subsection (4)(a).
2456 (5) When a person who is [
2457 found by a court to have violated this section, the provisions regarding suspension of the
2458 driver's license under Section 78A-6-606 apply to the violation.
2459 (6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
2460 78A-6-117, the court may only order substance use disorder treatment or an educational series
2461 if the minor has an assessed need for the intervention based on the results of a validated
2462 assessment.
2463 [
2464 violation of this section, the person's driver license shall be suspended under Section 53-3-219.
2465 [
2466 Section 44. Section 76-10-105 is amended to read:
2467 76-10-105. Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
2468 by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
2469 (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
2470 possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
2471 misdemeanor and subject to:
2472 (a) a minimum fine or penalty of $60; and
2473 (b) participation in a court-approved tobacco education program, which may include a
2474 participation fee.
2475 (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
2476 person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
2477 to the jurisdiction of the juvenile court and subject to Section 78A-6-602, unless the violation
2478 is committed on school property. If a violation under this section is adjudicated under Section
2479 78A-6-117, the minor may be subject to the following:
2480 (a) a [
2481 (b) participation in a court-approved tobacco education program, which may include a
2482 participation fee.
2483 (3) A compliance officer appointed by a board of education under Section 53A-3-402
2484 may not issue [
2485 school property. [
2486 violation committed on school property shall be addressed in accordance with Section
2487 53A-11-911.
2488 Section 45. Section 78A-6-103 is amended to read:
2489 78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
2490 (1) Except as otherwise provided by law, the juvenile court has exclusive original
2491 jurisdiction in proceedings concerning:
2492 (a) a child who has violated any federal, state, or local law or municipal ordinance or a
2493 person younger than 21 years of age who has violated any law or ordinance before becoming
2494 18 years of age, regardless of where the violation occurred, excluding offenses:
2495 (i) in Section 53A-11-911 until such time that the child is referred to the courts under
2496 Section 53A-11-911; and
2497 (ii) in Subsection 78A-7-106(2);
2498 [
2499
2500
2501
2502 [
2503 terms are defined in Section 78A-6-105;
2504 [
2505 7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district court if
2506 the juvenile court has entered an ex parte protective order and finds that:
2507 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
2508 parent of the child who is the object of the petition;
2509 (ii) the district court has a petition pending or an order related to custody or parent-time
2510 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
2511 or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
2512 respondent are parties; and
2513 (iii) the best interests of the child will be better served in the district court;
2514 [
2515 comes within the court's jurisdiction under other provisions of this section;
2516 [
2517 [
2518 Termination of Parental Rights Act, including termination of residual parental rights and
2519 duties;
2520 [
2521 [
2522 [
2523 determination of voluntariness or where otherwise required by law, employment, or enlistment
2524 of a child when consent is required by law;
2525 [
2526 facility, to order, at the discretion of the court and on the recommendation of a secure facility,
2527 the parent or parents of a child committed to a secure facility for a custodial term, to undergo
2528 group rehabilitation therapy under the direction of a secure facility therapist, who has
2529 supervision of that parent's or parents' child, or any other therapist the court may direct, for a
2530 period directed by the court as recommended by a secure facility;
2531 [
2532 [
2533 mental illness[
2534
2535
2536
2537 [
2538 with Section 62A-15-301;
2539 [
2540 [
2541 proceeding as provided in Section 63G-4-402; and
2542 [
2543 78B, Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an
2544 order terminating the rights of a parent and finds that adoption is in the best interest of the
2545 child.
2546 (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
2547 court has exclusive jurisdiction over the following offenses committed by a child:
2548 [
2549 Driving;
2550 [
2551 [
2552 part of a single criminal episode filed in a petition that contains an offense over which the court
2553 has jurisdiction.
2554 (b) A juvenile court may only order substance use disorder treatment or an educational
2555 series if the minor has an assessed need for the intervention on the basis of the results of a
2556 validated assessment.
2557 (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
2558 referred to it by the Division of Child and Family Services or by public or private agencies that
2559 contract with the division to provide services to that child [
2560 persistent efforts by the division or agency, the child has demonstrated that the child:
2561 (a) is beyond the control of the child's parent, guardian, or lawful custodian[
2562
2563 welfare or the welfare of others; or
2564 (b) has run away from home.
2565 (4) This section does not restrict the right of access to the juvenile court by private
2566 agencies or other persons.
2567 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
2568 arising under Section 78A-6-702.
2569 (6) The juvenile court has jurisdiction to make a finding of substantiated,
2570 unsubstantiated, or without merit, in accordance with Section 78A-6-323.
2571 (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
2572 pursuant to Subsection 78A-7-106[
2573 (8) The court may commit a child to the physical custody of a local mental health
2574 authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
2575 18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
2576 Hospital.
2577 Section 46. Section 78A-6-105 is amended to read:
2578 78A-6-105. Definitions.
2579 As used in this chapter:
2580 (1) (a) "Abuse" means:
2581 (i) (A) nonaccidental harm of a child;
2582 [
2583 [
2584 [
2585 [
2586 [
2587 [
2588 the child;
2589 [
2590 investigation for intentionally, knowingly, or recklessly causing the death of another parent of
2591 the child; or
2592 [
2593 recklessly causing the death of another parent of the child.
2594 [
2595 (i) reasonable discipline or management of a child, including withholding privileges;
2596 (ii) conduct described in Section 76-2-401; or
2597 (iii) the use of reasonable and necessary physical restraint or force on a child:
2598 (A) in self-defense;
2599 (B) in defense of others;
2600 (C) to protect the child; or
2601 (D) to remove a weapon in the possession of a child for any of the reasons described in
2602 Subsections (1)(b)(iii)(A) through (C).
2603 (2) "Abused child" means a child who has been subjected to abuse.
2604 (3) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
2605 alleged in the petition have been proved. A finding of not competent to proceed pursuant to
2606 Section 78A-6-1302 is not an adjudication.
2607 (4) "Adult" means a person 18 years of age or over, except that a person 18 years or
2608 over under the continuing jurisdiction of the juvenile court pursuant to Section 78A-6-120 shall
2609 be referred to as a minor.
2610 (5) "Board" means the Board of Juvenile Court Judges.
2611 (6) "Child" means a person under 18 years of age.
2612 (7) "Child placement agency" means:
2613 (a) a private agency licensed to receive a child for placement or adoption under this
2614 code; or
2615 (b) a private agency that receives a child for placement or adoption in another state,
2616 which agency is licensed or approved where such license or approval is required by law.
2617 (8) "Clandestine laboratory operation" means the same as that term is defined in
2618 Section 58-37d-3.
2619 (9) "Commit" means, unless specified otherwise:
2620 (a) with respect to a child, to transfer legal custody; and
2621 (b) with respect to a minor who is at least 18 years of age, to transfer custody.
2622 (10) "Court" means the juvenile court.
2623 (11) "Criminogenic risk factors" means evidence-based factors that are associated with
2624 a minor's likelihood of reoffending.
2625 (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
2626 committed by an adult.
2627 [
2628 through no fault of the child's parent, guardian, or custodian.
2629 [
2630 a parent or the parents or a previous legal custodian to another person, agency, or institution.
2631 [
2632 Section 62A-7-101 for the temporary care of a minor who requires secure custody in a
2633 physically restricting facility:
2634 (a) pending court disposition or transfer to another jurisdiction; or
2635 (b) while under the continuing jurisdiction of the court.
2636 (16) "Detention risk assessment tool" means an evidence-based tool established under
2637 Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
2638 court or reoffending pre-adjudication and designed to assist in making detention
2639 determinations.
2640 [
2641 (18) "Evidence-based" means a program or practice that has had multiple randomized
2642 control studies or a meta-analysis demonstrating that the program or practice is effective for a
2643 specific population or has been rated as effective by a standardized program evaluation tool.
2644 (19) "Formal probation" means a minor is under field supervision by the probation
2645 department or other agency designated by the court and subject to return to the court in
2646 accordance with Section 78A-6-123 on and after July 1, 2018.
2647 [
2648 person informing the court that a minor is or appears to be within the court's jurisdiction and
2649 that a [
2650 [
2651 of one or more persons in the group, depending upon the recommendation of the therapist.
2652 [
2653 (a) marriage;
2654 (b) enlistment in the armed forces;
2655 (c) major medical, surgical, or psychiatric treatment; or
2656 (d) legal custody, if legal custody is not vested in another person, agency, or institution.
2657 [
2658 53A-11-101.
2659 [
2660 (a) physical or developmental injury or damage;
2661 (b) emotional damage that results in a serious impairment in the child's growth,
2662 development, behavior, or psychological functioning;
2663 (c) sexual abuse; or
2664 (d) sexual exploitation.
2665 [
2666 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
2667 nephew, niece, or first cousin.
2668 (b) The relationships described in Subsection [
2669 (i) blood relationships of the whole or half blood, without regard to legitimacy;
2670 (ii) relationships of parent and child by adoption; and
2671 (iii) relationships of stepparent and stepchild while the marriage creating the
2672 relationship of a stepparent and stepchild exists.
2673 (26) "Intake probation" means a period of court monitoring that does not include field
2674 supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
2675 return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.
2676 [
2677 (a) significantly subaverage intellectual functioning, an IQ of approximately 70 or
2678 below on an individually administered IQ test, for infants, a clinical judgment of significantly
2679 subaverage intellectual functioning;
2680 (b) concurrent deficits or impairments in present adaptive functioning, the person's
2681 effectiveness in meeting the standards expected for [
2682 cultural group, in at least two of the following areas: communication, self-care, home living,
2683 social/interpersonal skills, use of community resources, self-direction, functional academic
2684 skills, work, leisure, health, and safety; and
2685 (c) the onset is before the person reaches the age of 18 years.
2686 [
2687 duties:
2688 (a) the right to physical custody of the minor;
2689 (b) the right and duty to protect, train, and discipline the minor;
2690 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
2691 medical care;
2692 (d) the right to determine where and with whom the minor shall live; and
2693 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
2694 (29) "Material loss" means an uninsured:
2695 (a) property loss;
2696 (b) out-of-pocket monetary loss;
2697 (c) lost wages; or
2698 (d) medical expenses.
2699 [
2700 severely limits a minor's development and welfare over a significant period of time.
2701 [
2702 (a) a child; or
2703 (b) a person who is:
2704 (i) at least 18 years of age and younger than 21 years of age; and
2705 (ii) under the jurisdiction of the juvenile court.
2706 (32) "Mobile crisis outreach team" means a crisis intervention service for minors or
2707 families of minors experiencing behavioral health or psychiatric emergencies.
2708 [
2709 sexual desire of any person:
2710 (a) touches the anus or any part of the genitals of a child;
2711 (b) takes indecent liberties with a child; or
2712 (c) causes a child to take indecent liberties with the perpetrator or another.
2713 [
2714 includes the minor's noncustodial parent.
2715 [
2716 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
2717 Relinquishment of a Newborn Child;
2718 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
2719 guardian, or custodian;
2720 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
2721 subsistence, education, or medical care, or any other care necessary for the child's health,
2722 safety, morals, or well-being; or
2723 (iv) a child to be at risk of being neglected or abused because another child in the same
2724 home is neglected or abused.
2725 (b) The aspect of neglect relating to education, described in Subsection [
2726 (35)(a)(iii), means that, after receiving a notice of compulsory education violation under
2727 Section 53A-11-101.5, [
2728
2729 parent or guardian fails to make a good faith effort to ensure that the child receives an
2730 appropriate education.
2731 (c) A parent or guardian legitimately practicing religious beliefs and who, for that
2732 reason, does not provide specified medical treatment for a child, is not guilty of neglect.
2733 (d) (i) Notwithstanding Subsection [
2734 child by the child's parent or guardian does not constitute neglect unless the state or other party
2735 to the proceeding shows, by clear and convincing evidence, that the health care decision is not
2736 reasonable and informed.
2737 (ii) Nothing in Subsection [
2738 exercising the right to obtain a second health care opinion and from pursuing care and
2739 treatment pursuant to the second health care opinion, as described in Section 78A-6-301.5.
2740 [
2741 [
2742 probation officer without judicial determination upon the consent in writing of:
2743 (a) the assigned probation officer; and
2744 (b) (i) the minor; or
2745 (ii) the minor and the minor's parent, legal guardian, or custodian.
2746 [
2747 intellectual disability, or related condition as defined, lacks the ability to:
2748 (a) understand the nature of the proceedings against them or of the potential disposition
2749 for the offense charged; or
2750 (b) consult with counsel and participate in the proceedings against them with a
2751 reasonable degree of rational understanding.
2752 [
2753 child.
2754 [
2755 adjudication on the ground of a violation of law or under Section 78A-6-103, whereby the
2756 minor is permitted to remain in the minor's home under prescribed conditions [
2757
2758
2759 [
2760 following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
2761 is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,
2762 neglect, or dependency is provided by the probation department or other agency designated by
2763 the court.
2764 [
2765 disability in accordance with 42 C.F.R. Part 435.1010 and further defined in Rule R539-1-3,
2766 Utah Administrative Code.
2767 [
2768 remaining with the parent after legal custody or guardianship, or both, have been vested in
2769 another person or agency, including:
2770 (i) the responsibility for support;
2771 (ii) the right to consent to adoption;
2772 (iii) the right to determine the child's religious affiliation; and
2773 (iv) the right to reasonable parent-time unless restricted by the court.
2774 (b) If no guardian has been appointed, "residual parental rights and duties" also include
2775 the right to consent to:
2776 (i) marriage;
2777 (ii) enlistment; and
2778 (iii) major medical, surgical, or psychiatric treatment.
2779 [
2780 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
2781 youth offenders committed to the division for custody and rehabilitation pursuant to Subsection
2782 78A-6-117(2)(d).
2783 [
2784 to a child.
2785 [
2786 harm to a child.
2787 [
2788 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2789 adult directed towards a child;
2790 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2791 committed by a child towards another child if:
2792 (i) there is an indication of force or coercion;
2793 (ii) the children are related, as defined in Subsections [
2794 (iii) there have been repeated incidents of sexual contact between the two children,
2795 unless the children are 14 years of age or older; or
2796 (iv) there is a disparity in chronological age of four or more years between the two
2797 children; or
2798 (c) engaging in any conduct with a child that would constitute an offense under any of
2799 the following, regardless of whether the person who engages in the conduct is actually charged
2800 with, or convicted of, the offense:
2801 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2802 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2803 (ii) child bigamy, Section 76-7-101.5;
2804 (iii) incest, Section 76-7-102;
2805 (iv) lewdness, Section 76-9-702;
2806 (v) sexual battery, Section 76-9-702.1;
2807 (vi) lewdness involving a child, Section 76-9-702.5; or
2808 (vii) voyeurism, Section 76-9-702.7.
2809 [
2810 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2811 (i) pose in the nude for the purpose of sexual arousal of any person; or
2812 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2813 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2814 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2815 material depicting a child:
2816 (i) in the nude, for the purpose of sexual arousal of any person; or
2817 (ii) engaging in sexual or simulated sexual conduct; or
2818 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2819 sexual exploitation of a minor, regardless of whether the person who engages in the conduct is
2820 actually charged with, or convicted of, the offense.
2821 [
2822 facility pending court disposition or transfer to another jurisdiction.
2823 [
2824
2825
2826 (50) "Status offense" means a violation of the law that would not be a violation but for
2827 the age of the offender.
2828 [
2829 drugs or substances.
2830 [
2831 62A-4a-101.
2832 [
2833 [
2834 parental rights and duties, including residual parental rights and duties, by court order.
2835 [
2836 (a) a person employed by a state division or agency for the purpose of conducting
2837 psychological treatment and counseling of a minor in its custody; or
2838 (b) any other person licensed or approved by the state for the purpose of conducting
2839 psychological treatment and counseling.
2840 [
2841 62A-4a-101.
2842 (57) "Validated risk and needs assessment" means an evidence-based tool that assesses
2843 a minor's risk of reoffending and a minor's criminogenic needs.
2844 [
2845 62A-4a-101.
2846 Section 47. Section 78A-6-106.5 is enacted to read:
2847 78A-6-106.5. Warrants related to minors.
2848 (1) Except as otherwise provided in this section, a court may not issue a warrant of
2849 arrest for a minor for:
2850 (a) a status offense; or
2851 (b) an infraction.
2852 (2) A court may issue a warrant that directs the minor to be returned home, to the court,
2853 or to a shelter or other nonsecure facility for a minor not eligible for a warrant under
2854 Subsection (1). A warrant under this Subsection (2) may not direct placement in a secure
2855 facility, including secure detention.
2856 (3) Subsection (1) does not apply to a minor who is under Title 55, Chapter 12,
2857 Interstate Compact for Juveniles.
2858 Section 48. Section 78A-6-109 is amended to read:
2859 78A-6-109. Summons -- Service and process -- Issuance and contents -- Notice to
2860 absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
2861 process for attendance of witnesses when authorized.
2862 (1) After a petition is filed the court shall promptly issue a summons, unless the judge
2863 directs that a further investigation is needed. No summons is required as to any person who
2864 appears voluntarily or who files a written waiver of service with the clerk of the court at or
2865 [
2866 (2) The summons shall contain:
2867 (a) the name of the court;
2868 (b) the title of the proceedings; and
2869 (c) except for a published summons, a brief statement of the substance of the
2870 allegations in the petition.
2871 (3) A published summons shall state:
2872 (a) that a proceeding concerning the minor is pending in the court; and
2873 (b) an adjudication will be made.
2874 (4) The summons shall require the person or persons who have physical custody of the
2875 minor to appear personally and bring the minor before the court at a time and place stated. If
2876 the person or persons summoned are not the parent, parents, or guardian of the minor, the
2877 summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying
2878 them of the pendency of the case and of the time and place set for the hearing.
2879 (5) Summons may be issued requiring the appearance of any other person whose
2880 presence the court finds necessary.
2881 (6) If it appears to the court that the welfare of the minor or of the public requires that
2882 the minor be taken into custody, and it does not conflict with Section 78A-6-106.5, the court
2883 may by endorsement upon the summons direct that the person serving the summons take the
2884 minor into custody at once.
2885 (7) Subject to Subsection 78A-6-117(2)[
2886 more reputable physicians, the court may order emergency medical or surgical treatment that is
2887 immediately necessary for a minor concerning whom a petition has been filed pending the
2888 service of summons upon the minor's parents, guardian, or custodian.
2889 (8) A parent or guardian is entitled to the issuance of compulsory process for the
2890 attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor. A
2891 guardian ad litem or a probation officer is entitled to compulsory process for the attendance of
2892 witnesses on behalf of the minor.
2893 (9) Service of summons and process and proof of service shall be made in the manner
2894 provided in the Utah Rules of Civil Procedure.
2895 (10) (a) Service of summons or process shall be made by the sheriff of the county
2896 where the service is to be made, or by [
2897 (b) Notwithstanding Subsection (10)(a), upon request of the court, service shall be
2898 made by any other peace officer, or by another suitable person selected by the court.
2899 (11) Service of summons in the state shall be made personally, by delivering a copy to
2900 the person summoned; provided, however, that parents of a minor living together at their usual
2901 place of abode may both be served by personal delivery to either parent of copies of the
2902 summons, one copy for each parent.
2903 (12) If the judge makes a written finding that [
2904 personal service of the summons will be unsuccessful, or will not accomplish notification
2905 within a reasonable time after issuance of the summons, [
2906 registered mail, with a return receipt to be signed by the addressee only, to be addressed to the
2907 last-known address of the person to be served in the state. Service shall be complete upon
2908 return to the court of the signed receipt.
2909 (13) If the parents, parent, or guardian required to be summoned under Subsection (4)
2910 cannot be found within the state, the fact of their minor's presence within the state shall confer
2911 jurisdiction on the court in proceedings in a minor's case under this chapter as to any absent
2912 parent or guardian, provided that due notice has been given in the following manner:
2913 (a) If the address of the parent or guardian is known, due notice is given by sending
2914 [
2915 be signed by the addressee only, or by personal service outside the state, as provided in the
2916 Utah Rules of Civil Procedure. Service by registered mail shall be complete upon return to the
2917 court of the signed receipt.
2918 (b) (i) If the address or whereabouts of the parent or guardian outside the state cannot
2919 after diligent inquiry be ascertained, due notice is given by publishing a summons:
2920 (A) in a newspaper having general circulation in the county in which the proceeding is
2921 pending once a week for four successive weeks; and
2922 (B) in accordance with Section 45-1-101 for four weeks.
2923 (ii) Service shall be complete on the day of the last publication.
2924 (c) Service of summons as provided in this subsection shall vest the court with
2925 jurisdiction over the parent or guardian served in the same manner and to the same extent as if
2926 the person served was served personally within the state.
2927 (14) In the case of service in the state, service completed not less than 48 hours before
2928 the time set in the summons for the appearance of the person served, shall be sufficient to
2929 confer jurisdiction. In the case of service outside the state, service completed not less than five
2930 days before the time set in the summons for appearance of the person served, shall be sufficient
2931 to confer jurisdiction.
2932 (15) Computation of periods of time under this chapter shall be made in accordance
2933 with the Utah Rules of Civil Procedure.
2934 Section 49. Section 78A-6-111 is amended to read:
2935 78A-6-111. Appearances -- Parents, guardian, or legal custodian to appear with
2936 minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --
2937 Parent's employer to grant time off -- Appointment of guardian ad litem.
2938 (1) Any person required to appear who, without reasonable cause, fails to appear may
2939 be proceeded against for contempt of court, and the court may cause a bench warrant to [
2940 be issued to produce the person in court.
2941 (2) In [
2942 guardian, or other person with legal custody of the minor shall appear with the minor unless
2943 excused by the judge.
2944 (a) An employee may request permission to leave the workplace for the purpose of
2945 attending court if the employee has been notified by the juvenile court that [
2946 minor is required to appear before the court.
2947 (b) An employer must grant permission to leave the workplace with or without pay if
2948 the employee has requested permission at least seven days in advance or within 24 hours of the
2949 employee receiving notice of the hearing.
2950 (3) If a parent or other person who signed a written promise to appear and bring the
2951 child to court under Section 78A-6-112 or 78A-6-113 fails to appear and bring the child to
2952 court on the date set in the promise, or, if the date was to be set, after notification by the court,
2953 a warrant may be issued for the apprehension of that person [
2954 (4) Willful failure to perform the promise is a misdemeanor if, at the time of the
2955 execution of the promise, the promisor is given a copy of the promise which clearly states that
2956 failure to appear and have the child appear as promised is a misdemeanor. The juvenile court
2957 shall have jurisdiction to proceed against the promisor in adult proceedings pursuant to Part 10,
2958 Adult Offenses.
2959 (5) The court shall endeavor, through use of the warrant of arrest if necessary, as
2960 provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
2961 both parents or of the guardian of a child. If neither a parent nor guardian is present at the
2962 court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor.
2963 A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
2964 whether or not a parent or guardian is present.
2965 (6) A warrant may be issued for a parent, a guardian, a custodian, or a minor if:
2966 (a) a summons is issued but cannot be served;
2967 (b) it is made to appear to the court that the person to be served will not obey the
2968 summons; or
2969 (c) serving the summons will be ineffectual[
2970 [
2971
2972 Section 50. Section 78A-6-112 is amended to read:
2973 78A-6-112. Minor taken into custody by peace officer, private citizen, or
2974 probation officer -- Grounds -- Notice requirements -- Release or detention -- Grounds
2975 for peace officer to take adult into custody.
2976 (1) A minor may be taken into custody by a peace officer without order of the court if:
2977 (a) in the presence of the officer the minor has violated a state law, federal law, local
2978 law, or municipal ordinance;
2979 (b) there are reasonable grounds to believe the minor has committed an act which if
2980 committed by an adult would be a felony;
2981 (c) the minor:
2982 (i) (A) is seriously endangered in the minor's surroundings; or
2983 (B) seriously endangers others; and
2984 (ii) immediate removal appears to be necessary for the minor's protection or the
2985 protection of others;
2986 (d) there are reasonable grounds to believe the minor has run away or escaped from the
2987 minor's parents, guardian, or custodian; or
2988 (e) there is reason to believe that the minor is:
2989 (i) subject to the state's compulsory education law; and
2990 (ii) absent from school without legitimate or valid excuse, subject to Section
2991 53A-11-105.
2992 (2) (a) A private citizen or a probation officer may take a minor into custody if under
2993 the circumstances [
2994 the minor was an adult.
2995 (b) A probation officer may also take a minor into custody under Subsection (1) or if
2996 the minor has violated the conditions of probation, if the minor is under the continuing
2997 jurisdiction of the juvenile court or in emergency situations in which a peace officer is not
2998 immediately available.
2999 (3) (a) (i) If an officer or other person takes a minor into temporary custody[
3000 Subsection (1) or (2), the officer or person shall without unnecessary delay notify the parents,
3001 guardian, or custodian.
3002 (ii) The minor shall then be released to the care of the minor's parent or other
3003 responsible adult, unless the minor's immediate welfare or the protection of the community
3004 requires the minor's detention.
3005 (b) If the minor is taken into custody under Subsection (1) or (2) or placed in detention
3006 under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in
3007 violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
3008 taking the minor into custody shall, as soon as practicable or as established under Subsection
3009 53A-11-1001(2), notify the school superintendent of the district in which the minor resides or
3010 attends school for the purposes of the minor's supervision and student safety.
3011 (i) The notice shall disclose only:
3012 (A) the name of the minor;
3013 (B) the offense for which the minor was taken into custody or detention; and
3014 (C) if available, the name of the victim, if the victim:
3015 (I) resides in the same school district as the minor; or
3016 (II) attends the same school as the minor.
3017 (ii) The notice shall be classified as a protected record under Section 63G-2-305.
3018 (iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
3019 Records Access and Management Act, and the federal Family Educational Rights and Privacy
3020 Act.
3021 (c) Employees of a governmental agency are immune from any criminal liability for
3022 providing or failing to provide the information required by this section unless the person acts or
3023 fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
3024 (d) Before the minor is released, the parent or other person to whom the minor is
3025 released shall be required to sign a written promise on forms supplied by the court to bring the
3026 minor to the court at a time set or to be set by the court.
3027 (4) (a) A child may not be held in temporary custody by law enforcement any longer
3028 than is reasonably necessary to obtain the child's name, age, residence, and other necessary
3029 information and to contact the child's parents, guardian, or custodian.
3030 (b) If the minor is not released under Subsection (3), the minor shall be taken to a place
3031 of detention or shelter without unnecessary delay.
3032 (5) (a) The person who takes a minor to a detention or shelter facility shall promptly
3033 file with the detention or shelter facility a written report on a form provided by the division
3034 stating:
3035 (i) the details of the presently alleged offense[
3036 (ii) the facts [
3037
3038 (iii) the reason the minor was not released by law enforcement[
3039 (iv) the eligibility of the minor under the division guidelines for detention admissions
3040 established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor
3041 is under consideration for detention.
3042 (b) (i) The designated [
3043 the form and determine, based on the guidelines for detention admissions established by the
3044 Division of Juvenile Justice Services under Section 62A-7-202, the results of the detention risk
3045 assessment, and the criteria for detention eligibility under Section 78A-6-113, whether to:
3046 (A) admit the minor to secure detention[
3047 (B) admit the minor to home detention[
3048 (C) place the minor in [
3049 detention; or
3050 (D) return the minor home upon written promise to bring the minor to the court at a
3051 time set, or without restriction.
3052 (ii) If the designated [
3053 minor to home detention, that staff person shall notify the juvenile court of that determination.
3054 The court shall order that notice be provided to the designated persons in the local law
3055 enforcement agency and the school or transferee school, if applicable, which the minor attends
3056 of the home detention. The designated persons may receive the information for purposes of the
3057 minor's supervision and student safety.
3058 (iii) Any employee of the local law enforcement agency and the school which the
3059 minor attends who discloses the notification of home detention is not:
3060 (A) civilly liable except when disclosure constitutes fraud or willful misconduct as
3061 provided in Section 63G-7-202; and
3062 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
3063 of Section 63G-2-801.
3064 (iv) The person who takes a minor to a detention facility or the designated facility staff
3065 person may release a minor to a less restrictive alternative even if the minor is eligible for
3066 secure detention under this Subsection (5).
3067 (c) A minor may not be admitted to detention unless the minor is detainable based on
3068 the guidelines or the minor has been brought to detention pursuant to a judicial order or
3069 division warrant pursuant to Section 62A-7-504.
3070 (d) If a minor taken to detention does not qualify for admission under the guidelines
3071 established by the division under Section 62A-7-104 or the eligibility criteria under Subsection
3072 (4) and this Subsection (5), detention staff shall arrange an appropriate [
3073 (e) If a minor is taken into custody and admitted to a secure detention or shelter
3074 facility, facility staff shall:
3075 (i) immediately notify the minor's parents, guardian, or custodian; and
3076 (ii) promptly notify the court of the placement.
3077 (f) If the minor is admitted to a secure detention or shelter facility outside the county of
3078 the minor's residence and it is determined in the hearing held under Subsection 78A-6-113(3)
3079 that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
3080 the minor's residence to transport the minor to a detention or shelter facility as provided in this
3081 section.
3082 (6) A person may be taken into custody by a peace officer without a court order if the
3083 person is in apparent violation of a protective order or if there is reason to believe that a child is
3084 being abused by the person and any of the situations outlined in Section 77-7-2 exist.
3085 Section 51. Section 78A-6-113 is amended to read:
3086 78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
3087 Detention hearings -- Period of detention -- Notice -- Confinement for criminal
3088 proceedings -- Bail laws inapplicable -- Exception.
3089 (1) (a) A minor may not be placed or kept in a secure detention facility pending court
3090 proceedings [
3091
3092
3093 [
3094
3095
3096 [
3097 proceedings unless it is unsafe to leave the child with the child's parents, guardian, or
3098 custodian.
3099 (2) After admission of a child to a detention facility pursuant to [
3100
3101 investigation by an authorized officer of the court, the judge or the officer shall order the
3102 release of the child to the child's parents, guardian, or custodian if it is found the child can be
3103 safely returned to their care, either upon written promise to bring the child to the court at a time
3104 set or without restriction.
3105 (a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
3106 within 24 hours after notification of release, the parent, guardian, or custodian is responsible
3107 for the cost of care for the time the child remains in the facility.
3108 (b) The facility shall determine the cost of care.
3109 (c) Any money collected under this Subsection (2) shall be retained by the Division of
3110 Juvenile Justice Services to recover the cost of care for the time the child remains in the
3111 facility.
3112 (3) (a) When a child is detained in a detention or shelter facility, the parents or
3113 guardian shall be informed by the person in charge of the facility that [
3114 or guardian's child has the right to a prompt hearing in court to determine whether the child is
3115 to be further detained or released.
3116 (b) When a minor is detained in a detention facility, the minor shall be informed by the
3117 person in charge of the facility that the minor has the right to a prompt hearing in court to
3118 determine whether the minor is to be further detained or released.
3119 (c) Detention hearings shall be held by the judge or by a commissioner.
3120 (d) The court may, at any time, order the release of the minor, whether a detention
3121 hearing is held or not.
3122 (e) If a child is released, and the child remains in the facility, because the parents,
3123 guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
3124 responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
3125 (4) (a) A minor may not be held in a detention facility longer than 48 hours [
3126 before a detention hearing, excluding weekends and holidays, unless the court has entered an
3127 order for continued detention.
3128 (b) A child may not be held in a shelter facility longer than 48 hours [
3129 shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has
3130 been entered by the court after notice to all parties described in Section 78A-6-306.
3131 (c) A hearing for detention or shelter may not be waived. Detention staff shall provide
3132 the court with all information received from the person who brought the minor to the detention
3133 facility.
3134 (d) [
3135 The judge or commissioner may only order [
3136 in another appropriate facility, subject to further order of the court, if the court finds at a
3137 detention hearing that:
3138 (i) releasing the minor to the minor's parent, guardian, or custodian presents an
3139 unreasonable risk to public safety;
3140 (ii) less restrictive nonresidential alternatives to detention have been considered and,
3141 where appropriate, attempted; and
3142 (iii) the minor is eligible for detention under the division guidelines for detention
3143 admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202
3144 and under Section 78A-6-112.
3145 (e) (i) After a detention hearing has been held, only the court may release a minor from
3146 detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
3147 the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
3148 detention is necessary.
3149 (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
3150 an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
3151 notice of its decision, including any disposition, order, or no contact orders, be provided to
3152 designated persons in the appropriate local law enforcement agency and district superintendent
3153 or the school or transferee school, if applicable, that the minor attends. The designated persons
3154 may receive the information for purposes of the minor's supervision and student safety.
3155 (iii) Any employee of the local law enforcement agency, school district, and the school
3156 that the minor attends who discloses the court's order of probation is not:
3157 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
3158 provided in Section 63G-7-202; and
3159 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
3160 of Section 63G-2-801.
3161 (5) A minor may not be held in a detention facility, following a dispositional order of
3162 the court for nonsecure substitute care as defined in Section 62A-4a-101, or for
3163 community-based placement under Section 62A-7-101.
3164 (6) (a) Except as otherwise provided in this section, a minor may not be held in a
3165 detention facility following a disposition order of the court for longer than 72 hours, excluding
3166 weekends and holidays.
3167 (b) The period of detention may be extended by the court for [
3168 total of seven calendar days if:
3169 [
3170 placement files a written petition with the court requesting the extension and setting forth good
3171 cause; and
3172 [
3173 minor and the community to extend the period of detention.
3174 (c) The court may extend the period of detention beyond the seven calendar days if the
3175 court finds by clear and convincing evidence that:
3176 (i) the Division of Juvenile Justice Services or another agency responsible for
3177 placement does not have space for the minor; and
3178 (ii) the safety of the minor and community requires an extension of the period of
3179 detention.
3180 (d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
3181 excluding weekends and holidays, regarding the status of whether the Division of Juvenile
3182 Justice Services or another agency responsible for placement has space for the minor.
3183 [
3184 that a written petition has been filed.
3185 [
3186 disposition and any ruling on a petition for an extension, whether granted or denied.
3187 [
3188 place for adult detention except as provided by Section 62A-7-201 or unless certified as an
3189 adult pursuant to Section 78A-6-703. [
3190 confinement facilities [
3191 (b) A child 16 years of age or older whose conduct or condition endangers the safety or
3192 welfare of others in the detention facility for children may, by court order that specifies the
3193 reasons, be detained in another place of confinement considered appropriate by the court,
3194 including a jail or other place of confinement for adults. However, a secure [
3195 facility is not an appropriate place of confinement for detention purposes under this section.
3196 [
3197 detention of adult offenders or persons charged with crime shall immediately notify the
3198 juvenile court when a person who is or appears to be under 18 years of age is received at the
3199 facility and shall make arrangements for the transfer of the person to a detention facility, unless
3200 otherwise ordered by the juvenile court.
3201 [
3202 under charges pursuant to Section 78A-6-701 or by order of the juvenile court to be held for
3203 criminal proceedings in the district court under Section 78A-6-702 or 78A-6-703.
3204 [
3205 78A-6-702, or 78A-6-703 may be detained in a jail or other place of detention used for adults
3206 charged with crime.
3207 [
3208 taken into custody under this chapter, except that bail may be allowed:
3209 (a) if a minor who need not be detained lives outside this state; or
3210 (b) when a minor who need not be detained comes within one of the classes in
3211 Subsection 78A-6-603(11).
3212 [
3213 commits an act against a jail or other place of confinement, including a Division of Juvenile
3214 Justice Services detention, shelter, or secure confinement facility which would be a third
3215 degree felony if committed by an adult.
3216 Section 52. Section 78A-6-115 is amended to read:
3217 78A-6-115. Hearings -- Record -- County attorney or district attorney
3218 responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
3219 evidence.
3220 (1) (a) A verbatim record of the proceedings shall be taken in all cases that might result
3221 in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
3222 also be made unless dispensed with by the court.
3223 (b) (i) Notwithstanding any other provision, including Title 63G, Chapter 2,
3224 Government Records Access and Management Act, a record of a proceeding made under
3225 Subsection (1)(a) shall be released by the court to any person upon a finding on the record for
3226 good cause.
3227 (ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
3228 court shall:
3229 (A) provide notice to all subjects of the record that a request for release of the record
3230 has been made; and
3231 (B) allow sufficient time for the subjects of the record to respond before making a
3232 finding on the petition.
3233 (iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
3234 court's jurisdiction over the subjects of the proceeding ended more than 12 months [
3235 before the request.
3236 (iv) For purposes of this Subsection (1)(b):
3237 (A) "record of a proceeding" does not include documentary materials of any type
3238 submitted to the court as part of the proceeding, including items submitted under Subsection
3239 (4)(a); and
3240 (B) "subjects of the record" includes the child's guardian ad litem, the child's legal
3241 guardian, the Division of Child and Family Services, and any other party to the proceeding.
3242 (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
3243 prosecution district, the district attorney shall represent the state in any proceeding in a minor's
3244 case.
3245 (b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child
3246 and Family Services, and this chapter, relating to:
3247 (i) protection or custody of an abused, neglected, or dependent child; and
3248 (ii) petitions for termination of parental rights.
3249 (c) The attorney general shall represent the Division of Child and Family Services in
3250 actions involving a minor who is not adjudicated as abused or neglected, but who is [
3251
3252
3253
3254 Section 78A-6-117.5. Nothing in this Subsection (2)(c) may be construed to affect the
3255 responsibility of the county attorney or district attorney to represent the state in those matters,
3256 in accordance with [
3257 (3) The board may adopt special rules of procedure to govern proceedings involving
3258 violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
3259 involving offenses under Section 78A-6-606 are governed by that section regarding suspension
3260 of driving privileges.
3261 (4) (a) For the purposes of determining proper disposition of the minor in dispositional
3262 hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
3263 in hearings upon petitions for termination of parental rights, written reports and other material
3264 relating to the minor's mental, physical, and social history and condition may be received in
3265 evidence and may be considered by the court along with other evidence. The court may require
3266 that the person who wrote the report or prepared the material appear as a witness if the person
3267 is reasonably available.
3268 (b) For the purpose of determining proper disposition of a minor alleged to be or
3269 adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
3270 under Section 78A-6-315 may be received in evidence and may be considered by the court
3271 along with other evidence. The court may require any person who participated in preparing the
3272 dispositional report to appear as a witness, if the person is reasonably available.
3273 (5) (a) In an abuse, neglect, or dependency proceeding occurring after the
3274 commencement of a shelter hearing under Section 78A-6-306 or the filing of a petition under
3275 Section 78A-6-304, each party to the proceeding shall provide in writing to the other parties or
3276 their counsel any information which the party:
3277 (i) plans to report to the court at the proceeding; or
3278 (ii) could reasonably expect would be requested of the party by the court at the
3279 proceeding.
3280 (b) The disclosure required under Subsection (5)(a) shall be made:
3281 (i) for dispositional hearings under Sections 78A-6-311 and 78A-6-312, no less than
3282 five days before the proceeding;
3283 (ii) for proceedings under [
3284 Rights Act, in accordance with Utah Rules of Civil Procedure; and
3285 (iii) for all other proceedings, no less than five days before the proceeding.
3286 (c) If a party to a proceeding obtains information after the deadline in Subsection
3287 (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
3288 party certifies to the court that the information was obtained after the deadline.
3289 (d) Subsection (5)(a) does not apply to:
3290 (i) pretrial hearings; and
3291 (ii) the frequent, periodic review hearings held in a dependency drug court case to
3292 assess and promote the parent's progress in substance [
3293 (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
3294 may, in its discretion, consider evidence of statements made by a child under eight years of age
3295 to a person in a trust relationship.
3296 Section 53. Section 78A-6-117 is amended to read:
3297 78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
3298 Enumeration of possible court orders -- Considerations of court.
3299 (1) (a) When a minor is found to come within [
3300 the court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
3301 jurisdiction over the minor. However, in cases within [
3302 78A-6-103(1), findings of fact are not necessary.
3303 (b) If the court adjudicates a minor for a crime of violence or an offense in violation of
3304 Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
3305 to the school superintendent of the district in which the minor resides or attends school. Notice
3306 shall be made to the district superintendent within three days of the adjudication and shall
3307 include:
3308 (i) the specific offenses for which the minor was adjudicated; and
3309 (ii) if available, if the victim:
3310 (A) resides in the same school district as the minor; or
3311 (B) attends the same school as the minor.
3312 (c) An adjudicated minor shall undergo a risk screening or, if indicated, a validated risk
3313 and needs assessment. Results of the screening or assessment shall be used to inform
3314 disposition decisions and case planning. Assessment results, if available, may not be shared
3315 with the court before adjudication.
3316 (2) Upon adjudication the court may make the following dispositions by court order:
3317 (a) (i) the court may place the minor on probation or under protective supervision in
3318 the minor's own home and upon conditions determined by the court, including compensatory
3319 service [
3320 [
3321
3322 [
3323 [
3324 [
3325 (ii) a condition ordered by the court under Subsection (2)(a)(i):
3326 (A) shall be individualized and address a specific risk or need;
3327 (B) shall be based on information provided to the court, including the results of a
3328 validated risk and needs assessment conducted under Subsection (1)(c); and
3329 (C) if the court orders treatment, be based on a validated risk and needs assessment
3330 conducted under Subsection (1)(c);
3331 (iii) a court may not issue a standard order that contains control-oriented conditions;
3332 (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
3333 minor and not the minor's family;
3334 [
3335 direct that notice of [
3336 enforcement agency and the school or transferee school, if applicable, that the minor attends.
3337 The designated persons may receive the information for purposes of the minor's supervision
3338 and student safety[
3339 [
3340 the minor attends who discloses the court's order of probation is not:
3341 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
3342 provided in Section 63G-7-202; and
3343 (B) civilly or criminally liable except when the disclosure constitutes a knowing
3344 violation of Section 63G-2-801.
3345 (b) The court may place the minor in the legal custody of a relative or other suitable
3346 person, with or without probation or protective supervision, but the juvenile court may not
3347 assume the function of developing foster home services.
3348 (c) (i) The court [
3349
3350
3351 order the Division of Juvenile Justice Services to provide dispositional recommendations and
3352 services[
3353 [
3354
3355 [
3356
3357
3358
3359 [
3360
3361
3362
3363 [
3364
3365
3366 (A) nonresidential treatment options have been exhausted or nonresidential treatment
3367 options are not appropriate; and
3368 (B) the minor is adjudicated under this section for a felony offense, a misdemeanor
3369 when the minor has five prior misdemeanors or felony adjudications arising from separate
3370 criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
3371 Section 76-1-601.
3372 (ii) The court may not vest legal custody of a minor in the Division of Juvenile Justice
3373 Services for:
3374 (A) contempt of court except to the extent permitted under Section 78A-6-1101;
3375 (B) a violation of probation;
3376 (C) failure to pay a fine, fee, restitution, or other financial obligation;
3377 (D) unfinished compensatory or community service hours;
3378 (E) an infraction; or
3379 (F) a status offense.
3380 [
3381 may petition the court to express the minor's desire to be removed from the jurisdiction of the
3382 juvenile court and from the custody of the Division of Child and Family Services if the minor
3383 is in the division's custody on grounds of abuse, neglect, or dependency.
3384 (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
3385 Termination of Parental Rights Act, the minor's petition shall contain a statement from the
3386 minor's parent or guardian agreeing that the minor should be removed from the custody of the
3387 Division of Child and Family Services.
3388 (C) The minor and the minor's parent or guardian shall sign the petition.
3389 (D) The court shall review the petition within 14 days.
3390 (E) The court shall remove the minor from the custody of the Division of Child and
3391 Family Services if the minor and the minor's parent or guardian have met the requirements
3392 described in Subsections (2)(c)(iv)(B) and (C) and if the court finds, based on input from the
3393 Division of Child and Family Services, the minor's guardian ad litem, and the Office of the
3394 Attorney General, that the minor does not pose an imminent threat to self or others.
3395 (F) A minor removed from custody under Subsection (2)(c)(iv)(E) may, within 90 days
3396 of the date of removal, petition the court to re-enter custody of the Division of Child and
3397 Family Services.
3398 (G) Upon receiving a petition under Subsection (2)(c)(iv)(F), the court shall order the
3399 Division of Child and Family Services to take custody of the minor based on the findings the
3400 court entered when the court originally vested custody in the Division of Child and Family
3401 Services.
3402 (d) (i) The court [
3403 Services for secure confinement[
3404 others and is adjudicated under this section for:
3405 (A) a felony offense;
3406 (B) a misdemeanor if the minor has five prior misdemeanor or felony adjudications
3407 arising from separate criminal episodes; or
3408 (C) a misdemeanor involving use of a dangerous weapon as defined in Section
3409 76-1-601.
3410 (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
3411 or dependency under Subsection 78A-6-103(1)[
3412 Juvenile Justice Services.
3413 (iii) The court may not commit a minor to the Division of Juvenile Justice Services for
3414 secure confinement for:
3415 (A) contempt of court;
3416 (B) a violation of probation;
3417 (C) failure to pay a fine, fee, restitution, or other financial obligation;
3418 (D) unfinished compensatory or community service hours;
3419 (E) an infraction; or
3420 (F) a status offense.
3421 (e) The court may [
3422
3423
3424
3425
3426 health, psychological, or sexual behavior risk assessment.
3427 (f) (i) The court may commit a minor to a place of detention or an alternative to
3428 detention for a period not to exceed 30 cumulative days per adjudication subject to the court
3429 retaining continuing jurisdiction over the minor. This commitment may not be [
3430 suspended upon conditions ordered by the court.
3431 (ii) This Subsection (2)(f) applies only to a minor adjudicated for:
3432 (A) an act which if committed by an adult would be a criminal offense; or
3433 (B) contempt of court under Section 78A-6-1101.
3434 (iii) The court may not commit a minor to a place of detention for:
3435 (A) contempt of court except to the extent allowed under Section 78A-6-1101;
3436 (B) a violation of probation;
3437 (C) failure to pay a fine, fee, restitution, or other financial obligation;
3438 (D) unfinished compensatory or community service hours;
3439 (E) an infraction; or
3440 (F) a status offense.
3441 (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
3442 cumulative days eligible as a disposition under Subsection (2)(f)(i). If the minor spent more
3443 than 30 days in a place of detention before disposition, the court may not commit a minor to
3444 detention under this section.
3445 (B) Notwithstanding Subsection (2)(f)(iv)(A), the court may commit a minor for a
3446 maximum of seven days while a minor is awaiting placement under Subsection (2)(c)(i). Only
3447 the seven days under this Subsection (2)(f)(iv)(B) may be combined with a nonsecure
3448 placement.
3449 (v) Notwithstanding Subsection (2)(t), no more than seven days of detention may be
3450 ordered in combination with an order under Subsection (2)(c)(i).
3451 (g) The court may vest legal custody of an abused, neglected, or dependent minor in
3452 the Division of Child and Family Services or any other appropriate person in accordance with
3453 the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
3454 Dependency Proceedings.
3455 [
3456
3457
3458
3459
3460
3461
3462 [
3463 restitution for [
3464
3465 for which the minor agrees to make restitution.
3466 (ii) A victim has the meaning defined under Subsection 77-38a-102(14). A victim of an
3467 offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity,
3468 includes any person directly harmed by the minor's delinquency conduct in the course of the
3469 scheme, conspiracy, or pattern.
3470 (iii) If the victim and the minor agree to participate, the court may refer the case to a
3471 restorative justice program such as victim offender mediation to address how loss resulting
3472 from the adjudicated act may be addressed.
3473 (iv) For the purpose of determining whether and how much restitution is appropriate,
3474 the court shall consider the following:
3475 (A) restitution shall only be ordered for the victim's material loss;
3476 (B) restitution may not be ordered if the court finds that the minor is unable to pay or
3477 acquire the means to pay; and
3478 (C) any amount paid by the minor to the victim in civil penalty shall be credited against
3479 restitution owed.
3480 (v) Any amount paid to the victim in restitution shall be credited against liability in a
3481 civil suit.
3482 [
3483 governmental agency who offered and paid a reward to a person or persons for providing
3484 information resulting in a court adjudication that the minor is within the jurisdiction of the
3485 juvenile court due to the commission of a criminal offense.
3486 [
3487 the court may order the minor to make restitution for costs expended by any governmental
3488 entity for the return.
3489 (viii) The prosecutor shall submit a request for restitution to the court at the time of
3490 disposition, if feasible, otherwise within three months after disposition.
3491 (ix) A financial disposition ordered shall prioritize the payment of restitution.
3492 [
3493 ordered by the court, including garnishments, wage withholdings, and executions, except for an
3494 order that changes the custody of the minor, including detention or other secure or nonsecure
3495 residential placements.
3496 [
3497 of nonresidential employment or work programs to enable minors to fulfill their obligations
3498 under Subsection (2)[
3499 (ii) Consistent with the order of the court, the probation officer may permit a minor
3500 found to be within the jurisdiction of the court to participate in a program of work restitution or
3501 compensatory service in lieu of paying part or all of the fine imposed by the court.
3502 (iii) The court may order the minor to:
3503 (A) pay a fine, fee, restitution, or other cost; or
3504 (B) complete service hours.
3505 (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
3506 complete service hours, those dispositions shall be considered collectively to ensure that the
3507 order is reasonable and prioritizes restitution.
3508 (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
3509 hours, the cumulative order shall be limited per criminal episode as follows:
3510 (A) for children under age 16 at adjudication, the court may impose up to $180 or up to
3511 24 hours of service; and
3512 (B) for minors 16 and older at adjudication, the court may impose up to $270 or up to
3513 36 hours of service.
3514 (vi) The cumulative order under Subsection (2)(j)(v) does not include restitution.
3515 (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
3516 conversion shall be no less than the minimum wage.
3517 [
3518 finds that as part of the commission of the violation the minor was in actual physical control of
3519 a motor vehicle, the court may, in addition to any other disposition authorized by this section:
3520 (A) restrain the minor from driving for periods of time the court considers necessary;
3521 and
3522 (B) take possession of the minor's driver license.
3523 (ii) The court may enter any other eligible disposition under Subsection (2)[
3524 except for a disposition under Subsection (2)(c), (d), or (f). However, the suspension of
3525 driving privileges for an offense under Section 78A-6-606 is governed only by Section
3526 78A-6-606.
3527 [
3528
3529
3530
3531
3532 (l) (i) The court may order a minor to complete community or compensatory service
3533 hours in accordance with Subsections (2)(j)(iv) and (v).
3534 (ii) When community service is ordered, the presumptive service order shall include
3535 between five and 10 hours of service.
3536 (iii) Satisfactory completion of an approved substance [
3537 or treatment program or other court-ordered condition may be credited by the court as
3538 compensatory service hours.
3539 [
3540
3541
3542
3543
3544
3545
3546 [
3547 Section 78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti, the
3548 court may order the minor to clean up graffiti created by the minor or any other person at a time
3549 and place within the jurisdiction of the court. Compensatory service [
3550 this section may be performed in the presence and under the direct supervision of the minor's
3551 parent or legal guardian. The parent or legal guardian shall report completion of the order to
3552 the court. [
3553
3554
3555 or repair to the damaged property pursuant to [
3556 [
3557
3558 [
3559
3560 [
3561
3562 [
3563 (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
3564 (B) receive other special care.
3565 (ii) For purposes of receiving the examination, treatment, or care described in
3566 Subsection (2)[
3567 that is not a secure facility or secure detention.
3568 (iii) In determining whether to order the examination, treatment, or care described in
3569 Subsection (2)[
3570 (A) the desires of the minor;
3571 (B) if the minor is under the age of 18, the desires of the parents or guardian of the
3572 minor; and
3573 (C) whether the potential benefits of the examination, treatment, or care outweigh the
3574 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
3575 function impairment, or emotional or physical harm resulting from the compulsory nature of
3576 the examination, treatment, or care.
3577 (iv) The Division of Child and Family Services shall take reasonable measures to
3578 notify a parent or guardian of any non-emergency health treatment or care scheduled for a
3579 child, shall include the parent or guardian as fully as possible in making health care decisions
3580 for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
3581 regarding the child's health care to the extent that the child's health and well being are not
3582 unreasonably compromised by the parent's or guardian's decision.
3583 (v) The Division of Child and Family Services shall notify the parent or guardian of a
3584 child within five business days after a child in the custody of the Division of Child and Family
3585 Services receives emergency health care or treatment.
3586 (vi) The Division of Child and Family Services shall use the least restrictive means to
3587 accomplish a compelling interest in the care and treatment of a child described in this
3588 Subsection (2)[
3589 [
3590 the interest of the minor, and may appoint as guardian a public or private institution or agency,
3591 but not a nonsecure residential placement provider, in which legal custody of the minor is
3592 vested.
3593 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
3594 private agency or institution, the court shall give primary consideration to the welfare of the
3595 minor. When practicable, the court may take into consideration the religious preferences of the
3596 minor and of a child's parents.
3597 [
3598 reasonable conditions to be complied with by a minor's parents or guardian, [
3599 minor's custodian, or any other person who has been made a party to the proceedings.
3600 Conditions may include:
3601 (A) parent-time by the parents or one parent;
3602 (B) restrictions on the minor's associates;
3603 (C) restrictions on the minor's occupation and other activities; and
3604 (D) requirements to be observed by the parents or custodian.
3605 (ii) A minor whose parents or guardians successfully complete a family or other
3606 counseling program may be credited by the court for detention, confinement, or probation time.
3607 [
3608 local mental health authority, in accordance with the procedures and requirements of Title 62A,
3609 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
3610 Mental Health.
3611 [
3612 jurisdiction to the Utah State Developmental Center if the minor has an intellectual disability in
3613 accordance with [
3614 Care Facility for People with an Intellectual Disability.
3615 (ii) The court shall follow the procedure applicable in the district courts with respect to
3616 judicial commitments to the Utah State Developmental Center when ordering a commitment
3617 under Subsection (2)[
3618 [
3619 [
3620 [
3621 minor [
3622 committed to jail [
3623 Justice Services under Subsections (2)(c) and (d).
3624 [
3625 and they are compatible.
3626 [
3627 to the rights of parents concerning their child. The court may transfer custody of a minor to
3628 another person, agency, or institution in accordance with the requirements and procedures of
3629 Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
3630 [
3631 probation or placement of a minor with an individual or an agency shall include a date certain
3632 for a review and presumptive termination of the case by the court in accordance with
3633 Subsection (6) and Section 62A-7-404. A new date shall be set upon each review.
3634 [
3635 making adoptable children available for adoption without delay.
3636 [
3637 guardianship with an individual or relative of a child where the court has previously acquired
3638 jurisdiction as a result of an adjudication of abuse, neglect, or dependency. The juvenile court
3639 may enter an order for child support on behalf of the child against the natural or adoptive
3640 parents of the child.
3641 (ii) Orders under Subsection (2)[
3642 (A) shall remain in effect until the child reaches majority;
3643 (B) are not subject to review under Section 78A-6-118; and
3644 (C) may be modified by petition or motion as provided in Section 78A-6-1103.
3645 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
3646 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
3647 of the juvenile court.
3648 (3) In addition to the dispositions described in Subsection (2), when a minor comes
3649 within the court's jurisdiction, the minor may be given a choice by the court to serve in the
3650 National Guard in lieu of other sanctions, provided:
3651 (a) the minor meets the current entrance qualifications for service in the National
3652 Guard as determined by a recruiter, whose determination is final;
3653 (b) the minor is not under the jurisdiction of the court for any act that:
3654 (i) would be a felony if committed by an adult;
3655 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
3656 (iii) was committed with a weapon; and
3657 (c) the court retains jurisdiction over the minor under conditions set by the court and
3658 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
3659 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
3660 of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
3661 designated employees of the court or, if the minor is in the legal custody of the Division of
3662 Juvenile Justice Services, then by designated employees of the division under Subsection
3663 53-10-404(5)(b).
3664 (b) The responsible agency shall ensure that employees designated to collect the saliva
3665 DNA specimens receive appropriate training and that the specimens are obtained in accordance
3666 with accepted protocol.
3667 (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
3668 Specimen Restricted Account created in Section 53-10-407.
3669 (d) Payment of the reimbursement is second in priority to payments the minor is
3670 ordered to make for restitution under this section and treatment under Section 78A-6-321.
3671 (5) (a) A disposition made by the court pursuant to this section may not be suspended,
3672 except for the following:
3673 (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
3674 under Subsection (2)(c) or (d), the court may suspend a custody order pursuant to Subsection
3675 (2)(c) or (d) in lieu of immediate commitment, upon the condition that the minor commit no
3676 new misdemeanor or felony offense during the three months following the day of disposition.
3677 (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
3678 exceed three months post-disposition and may not be extended under any circumstance.
3679 (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i)
3680 following adjudication of a new misdemeanor or felony offense committed by the minor during
3681 the period of suspension set out under Subsection (5)(a)(ii).
3682 (b) The court pursuant to Subsection (5)(a) shall terminate jurisdiction over the minor
3683 at the end of the presumptive time frame unless at least one the following circumstances exists:
3684 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
3685 program determined to be necessary by the results of a validated risk and needs assessment
3686 with completion found by the court after considering the recommendation of a licensed service
3687 provider on the basis of the minor completing the goals of the necessary treatment program;
3688 (ii) the minor commits a new misdemeanor or felony offense;
3689 (iii) service hours have not been completed; or
3690 (iv) there is an outstanding fine.
3691 (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
3692 custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c), the
3693 court shall do so for a defined period of time pursuant to this section.
3694 (a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
3695 shall establish a presumptive term of probation as specified in this Subsection (6):
3696 (i) the presumptive maximum length of intake probation may not exceed three months;
3697 and
3698 (ii) the presumptive maximum length of formal probation may not exceed four to six
3699 months.
3700 (b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
3701 Justice Services under Subsection (2)(c), the court shall establish a maximum term of custody
3702 and a maximum term of aftercare as specified in this Subsection (6):
3703 (i) the presumptive maximum length of out-of-home placement may not exceed three
3704 to six months; and
3705 (ii) the presumptive maximum length of aftercare supervision, for those previously
3706 placed out-of-home, may not exceed three to four months, and minors may serve the term of
3707 aftercare in the home of a qualifying relative or guardian or at an independent living program
3708 contracted or operated by the Division of Juvenile Justice Services.
3709 (c) The court pursuant to Subsections (6)(a) and (b), and the Youth Parole Authority
3710 pursuant to Subsection (6)(b), shall terminate jurisdiction over the minor at the end of the
3711 presumptive time frame unless at least one of the following circumstances exists:
3712 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
3713 court ordered program determined to be necessary by the results of a validated assessment, with
3714 completion found by the court after considering the recommendations of a licensed service
3715 provider on the basis of the minor completing the goals of the necessary treatment program;
3716 (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
3717 completion of a program determined to be necessary by the results of a validated assessment,
3718 with completion determined on the basis of whether the minor has regularly and consistently
3719 attended the treatment program and completed the goals of the necessary treatment program as
3720 determined by the Youth Parole Authority after considering the recommendation of a licensed
3721 service provider;
3722 (iii) the minor commits a new misdemeanor or felony offense;
3723 (iv) service hours have not been completed; or
3724 (v) there is an outstanding fine.
3725 (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection
3726 (6)(c)(i), (ii), (iii), or (iv) exists, the court may extend jurisdiction for the time needed to
3727 address the specific circumstance.
3728 (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)(i),
3729 (ii), (iii), or (iv) exists, and the Youth Parole Authority has jurisdiction, the Youth Parole
3730 Authority may extend jurisdiction for the time needed to address the specific circumstance.
3731 (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
3732 Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
3733 time for up to three months.
3734 (f) Grounds for extension of the presumptive length of supervision or placement and
3735 the length of any extension shall be recorded in the court record or records of the Youth Parole
3736 Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
3737 the Administrative Office of the Courts and the Division of Juvenile Justice Services.
3738 (g) (i) For a minor who is under the supervision of the juvenile court and whose
3739 supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
3740 only be continued under the supervision of intake probation.
3741 (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
3742 supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
3743 only be continued on parole and not in secure confinement.
3744 (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
3745 period shall toll until the minor returns.
3746 (7) Subsection (6) does not apply to any minor adjudicated under this section for:
3747 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
3748 (b) Section 76-5-202, attempted aggravated murder;
3749 (c) Section 76-5-203, murder or attempted murder;
3750 (d) Section 76-5-302, aggravated kidnapping;
3751 (e) Section 76-5-405, aggravated sexual assault;
3752 (f) a felony violation of Section 76-6-103, aggravated arson;
3753 (g) Section 76-6-203, aggravated burglary;
3754 (h) Section 76-6-302, aggravated robbery;
3755 (i) Section 76-10-508.1, felony discharge of a firearm; or
3756 (j) an offense other than those listed in Subsections (7)(a) through (i) involving the use
3757 of a dangerous weapon, as defined in Section 76-1-601, that is a felony, and the minor has been
3758 previously adjudicated or convicted of an offense involving the use of a dangerous weapon.
3759 Section 54. Section 78A-6-117.5 is enacted to read:
3760 78A-6-117.5. Custody in Division of Child and Family Services or in the Division
3761 of Juvenile Justice Services.
3762 (1) Notwithstanding Subsection 78A-6-117(2)(c), the court may not vest custody in the
3763 Division of Child and Family Services except pursuant to Title 78A, Chapter 6, Part 3, Abuse,
3764 Neglect, and Dependency Proceedings.
3765 (2) If the court finds that a child is at risk of being removed from the home or that the
3766 family is in crisis, the court may order the Division of Child and Family Services to conduct an
3767 assessment to determine if provision of in-home family preservation services is appropriate. If
3768 considered appropriate by the Division of Child and Family Services, services shall be
3769 provided pursuant to Section 62A-4a-202.
3770 (3) Notwithstanding Section 78A-6-117, a court may not place a minor on a ranch,
3771 forestry camp, or other residential work program for care or work.
3772 (4) Notwithstanding Section 78A-6-117, a court may not commit a minor to the
3773 temporary custody of the Division of Juvenile Justice Services for residential observation and
3774 evaluation or residential observation and assessment.
3775 Section 55. Section 78A-6-118 is amended to read:
3776 78A-6-118. Period of operation of judgment, decree, or order.
3777 [
3778 becomes 21 years of age, except for:
3779 [
3780 custody of the Division of Substance Abuse and Mental Health;
3781 [
3782 [
3783 and permanent orders of custody and guardianships[
3784 [
3785 [
3786
3787
3788
3789
3790
3791
3792
3793
3794 [
3795
3796
3797
3798
3799
3800
3801 [
3802
3803
3804 [
3805
3806 Section 56. Section 78A-6-119 is amended to read:
3807 78A-6-119. Modification of order or decree -- Requirements for changing or
3808 terminating custody, probation, or protective supervision.
3809 (1) The court may modify or set aside any order or decree made by [
3810 except on and after July 1, 2018, the order or decree must be in accordance with Sections
3811 78A-6-117 and 78A-6-123, however a modification of an order placing a minor on probation
3812 may not [
3813
3814 2018, an order:
3815 (a) under Subsection 78A-6-117(2)(c), (d), or (f); or
3816 (b) extending supervision, except pursuant to Subsection 78A-6-117(7).
3817 (2) Notice of the hearing shall be required in any case in which the effect of modifying
3818 or setting aside an order or decree may be to make any change in the minor's legal custody
3819 under Section 78A-6-1103 and pursuant to Section 78A-6-117.
3820 (3) (a) Notice of an order terminating probation or protective supervision of a child
3821 shall be given to the child's:
3822 (i) parents;
3823 (ii) guardian;
3824 (iii) custodian; and
3825 (iv) where appropriate, to the child.
3826 (b) Notice of an order terminating probation or protective supervision of a minor who
3827 is at least 18 years of age shall be given to the minor.
3828 Section 57. Section 78A-6-120 is amended to read:
3829 78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
3830 of jurisdiction -- Notice of discharge from custody of local mental health authority or
3831 Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
3832 (1) Jurisdiction of a minor obtained by the court through adjudication under Section
3833 78A-6-117 continues for purposes of this chapter until [
3834 unless terminated earlier[
3835
3836
3837
3838 (2) (a) The continuing jurisdiction of the court terminates:
3839 (i) upon order of the court;
3840 (ii) upon commitment to a secure [
3841 (iii) upon commencement of proceedings in adult cases under Section 78A-6-1001[
3842 or
3843 (iv) in accordance with Sections 62A-7-404 and 78A-6-117.
3844 (b) The continuing jurisdiction of the court is not terminated by marriage.
3845 (c) Notwithstanding Subsection (2)(a)(ii), the court retains jurisdiction to make and
3846 enforce orders related to restitution until the Youth Parole Authority discharges the youth
3847 offender.
3848 (3) When a minor has been committed by the court to the physical custody of a local
3849 mental health authority or its designee or to the Utah State Developmental Center, the local
3850 mental health authority or its designee or the superintendent of the Utah State Developmental
3851 Center shall give the court written notice of its intention to discharge, release, or parole the
3852 minor not fewer than five days [
3853 (4) Jurisdiction over a minor on probation or under protective supervision, or of a
3854 minor who is otherwise under the continuing jurisdiction of the court, may be transferred by the
3855 court to the court of another district, if the receiving court consents, or upon direction of the
3856 chair of the Board of Juvenile Court Judges. The receiving court has the same powers with
3857 respect to the minor that it would have if the proceedings originated in that court.
3858 (5) On and after July 1, 2018, a minor adjudicated under Section 78A-6-117 and who
3859 underwent a validated risk and needs assessment under Subsection 78A-6-117(1)(c) shall
3860 undergo a validated risk and needs assessment within seven days of the day on which an order
3861 terminating jurisdiction is issued.
3862 Section 58. Section 78A-6-121 is amended to read:
3863 78A-6-121. Entry of judgment for fine, fee, surcharge, or restitution.
3864 (1) If, [
3865 there remains any unpaid balance for any fine, fee, or restitution ordered by the court, the court
3866 shall record all pertinent information in the juvenile's file [
3867 (2) The court may not transfer responsibility to collect [
3868 surcharges, and restitution to the Office of State Debt Collection.
3869 [
3870
3871
3872 [
3873
3874 the victim, or the estate of the victim, as the judgment creditor.
3875 Section 59. Section 78A-6-123 is enacted to read:
3876 78A-6-123. Case planning and appropriate responses.
3877 (1) For a minor adjudicated and placed on probation or into the custody of the Division
3878 of Juvenile Justice Services under Section 78A-6-117, a case plan shall be created and shall be:
3879 (a) developed in collaboration with the minor and the minor's family;
3880 (b) individualized to the minor;
3881 (c) informed by the results of a validated risk and needs assessment; and
3882 (d) tailored to the minor's offense and history.
3883 (2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice
3884 Services shall develop a statewide system of appropriate responses to guide responses to the
3885 behaviors of minors:
3886 (i) undergoing nonjudicial adjustments;
3887 (ii) under the jurisdiction of the juvenile court; and
3888 (iii) in the custody of the Division of Juvenile Justice Services.
3889 (b) The system of responses shall include both sanctions and incentives that:
3890 (i) are swift and certain;
3891 (ii) include a continuum of community based responses for minors living at home;
3892 (iii) target a minor's criminogenic risks and needs, as determined by the results of a
3893 validated risk and needs assessment, and the severity of the violation; and
3894 (iv) authorize earned discharge credits as one incentive for compliance.
3895 (c) After considering the guidelines established by the Sentencing Commission,
3896 pursuant to Section 63M-7-404, the system of appropriate responses under Subsections (2)(a)
3897 and (b) shall be developed.
3898 (3) A response to a compliant or noncompliant behavior under Subsection (2) shall be
3899 documented in the minor's case plan. Documentation shall include:
3900 (a) positive behaviors and incentives offered;
3901 (b) violations and corresponding sanctions; and
3902 (c) whether the minor has a subsequent violation after a sanction.
3903 (4) Before referring a minor to court for judicial review or to the Youth Parole
3904 Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a
3905 violation, either through a contempt filing under Section 78A-6-1101 or an order to show
3906 cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be
3907 documented in the minor's case plan .
3908 (5) Notwithstanding Subsection (4), violations of protective orders or ex parte
3909 protection orders listed in Subsection 77-36-2.7(3) with victims and violations that constitute
3910 new delinquency offenses may be filed directly with the court.
3911 Section 60. Section 78A-6-124 is enacted to read:
3912 78A-6-124. Detention risk assessment tool.
3913 (1) The Division of Juvenile Justice Services, in conjunction with the Administrative
3914 Office of the Courts, shall develop or adopt, and validate on the Utah juvenile population, a
3915 statewide detention risk assessment tool.
3916 (2) The Division of Juvenile Justice Services shall administer the detention risk
3917 assessment tool for each youth under consideration for detention. The detention risk assessment
3918 tool shall be administered by a designated individual who has completed training to conduct
3919 the detention risk assessment tool.
3920 (3) The Division of Juvenile Justice Services and the Administrative Office of the
3921 Courts shall establish a scoring system to inform eligibility for placement in a juvenile
3922 detention facility or for referral to an alternative to detention.
3923 Section 61. Section 78A-6-302 is amended to read:
3924 78A-6-302. Court-ordered protective custody of a child following petition filing --
3925 Grounds.
3926 (1) After a petition has been filed under Section 78A-6-304, if the child who is the
3927 subject of the petition is not in the protective custody of the division, a court may order that the
3928 child be removed from the child's home or otherwise taken into protective custody if the court
3929 finds, by a preponderance of the evidence, that any one or more of the following circumstances
3930 exist:
3931 (a) (i) there is an imminent danger to the physical health or safety of the child; and
3932 (ii) the child's physical health or safety may not be protected without removing the
3933 child from the custody of the child's parent or guardian;
3934 (b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
3935 that causes the child to suffer harm; and
3936 (ii) there are no less restrictive means available by which the child's emotional health
3937 may be protected without removing the child from the custody of the child's parent or guardian;
3938 (c) the child or another child residing in the same household has been, or is considered
3939 to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
3940 parent or guardian, a member of the parent's or guardian's household, or other person known to
3941 the parent or guardian;
3942 (d) the parent or guardian is unwilling to have physical custody of the child;
3943 (e) the child is abandoned or left without any provision for the child's support;
3944 (f) a parent or guardian who has been incarcerated or institutionalized has not arranged
3945 or cannot arrange for safe and appropriate care for the child;
3946 (g) (i) a relative or other adult custodian with whom the child is left by the parent or
3947 guardian is unwilling or unable to provide care or support for the child;
3948 (ii) the whereabouts of the parent or guardian are unknown; and
3949 (iii) reasonable efforts to locate the parent or guardian are unsuccessful;
3950 (h) subject to [
3951 78A-6-117(2)[
3952 (i) (i) a parent's or guardian's actions, omissions, or habitual action create an
3953 environment that poses a serious risk to the child's health or safety for which immediate
3954 remedial or preventive action is necessary; or
3955 (ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
3956 a threat to the child's health or safety;
3957 (j) the child or another child residing in the same household has been neglected;
3958 (k) the child's natural parent:
3959 (i) intentionally, knowingly, or recklessly causes the death of another parent of the
3960 child;
3961 (ii) is identified by a law enforcement agency as the primary suspect in an investigation
3962 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3963 (iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
3964 recklessly causing the death of another parent of the child;
3965 (l) an infant has been abandoned, as defined in Section 78A-6-316;
3966 (m) (i) the parent or guardian, or an adult residing in the same household as the parent
3967 or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
3968 Act; and
3969 (ii) any clandestine laboratory operation was located in the residence or on the property
3970 where the child resided; or
3971 (n) the child's welfare is otherwise endangered.
3972 (2) (a) For purposes of Subsection (1)(a), if a child has previously been adjudicated as
3973 abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
3974 occurs involving the same substantiated abuser or under similar circumstance as the previous
3975 abuse, that fact constitutes prima facie evidence that the child cannot safely remain in the
3976 custody of the child's parent.
3977 (b) For purposes of Subsection (1)(c):
3978 (i) another child residing in the same household may not be removed from the home
3979 unless that child is considered to be at substantial risk of being physically abused, sexually
3980 abused, or sexually exploited as described in Subsection (1)(c) or Subsection (2)(b)(ii); and
3981 (ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
3982 or sexual exploitation by a person known to the parent has occurred, and there is evidence that
3983 the parent or guardian failed to protect the child, after having received the notice, by allowing
3984 the child to be in the physical presence of the alleged abuser, that fact constitutes prima facie
3985 evidence that the child is at substantial risk of being physically abused, sexually abused, or
3986 sexually exploited.
3987 (3) (a) For purposes of Subsection (1), if the division files a petition under Section
3988 78A-6-304, the court shall consider the division's safety and risk assessments described in
3989 Section 62A-4a-203.1 to determine whether a child should be removed from the custody of the
3990 child's parent or guardian or should otherwise be taken into protective custody.
3991 (b) The division shall make a diligent effort to provide the safety and risk assessments
3992 described in Section 62A-4a-203.1 to the court, guardian ad litem, and counsel for the parent or
3993 guardian, as soon as practicable before the shelter hearing described in Section 78A-6-306.
3994 (4) In the absence of one of the factors described in Subsection (1), a court may not
3995 remove a child from the parent's or guardian's custody on the basis of:
3996 (a) educational neglect, truancy, or failure to comply with a court order to attend
3997 school;
3998 (b) mental illness or poverty of the parent or guardian; or
3999 (c) disability of the parent or guardian, as defined in Section 57-21-2.
4000 (5) A child removed from the custody of the child's parent or guardian under this
4001 section may not be placed or kept in a secure detention facility pending further court
4002 proceedings unless the child is detainable based on guidelines promulgated by the Division of
4003 Juvenile Justice Services.
4004 (6) This section does not preclude removal of a child from the child's home without a
4005 warrant or court order under Section 62A-4a-202.1.
4006 (7) (a) Except as provided in Subsection (7)(b), a court or the Division of Child and
4007 Family Services may not remove a child from the custody of the child's parent or guardian on
4008 the sole or primary basis that the parent or guardian refuses to consent to:
4009 (i) the administration of a psychotropic medication to a child;
4010 (ii) a psychiatric, psychological, or behavioral treatment for a child; or
4011 (iii) a psychiatric or behavioral health evaluation of a child.
4012 (b) Notwithstanding Subsection (7)(a), a court or the Division of Child and Family
4013 Services may remove a child under conditions that would otherwise be prohibited under
4014 Subsection (7)(a) if failure to take an action described under Subsection (7)(a) would present a
4015 serious, imminent risk to the child's physical safety or the physical safety of others.
4016 Section 62. Section 78A-6-306 is amended to read:
4017 78A-6-306. Shelter hearing.
4018 (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
4019 after any one or all of the following occur:
4020 (a) removal of the child from the child's home by the division;
4021 (b) placement of the child in the protective custody of the division;
4022 (c) emergency placement under Subsection 62A-4a-202.1(4);
4023 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
4024 at the request of the division; or
4025 (e) a "Motion for Expedited Placement in Temporary Custody" is filed under
4026 Subsection 78A-6-106(4).
4027 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
4028 division shall issue a notice that contains all of the following:
4029 (a) the name and address of the person to whom the notice is directed;
4030 (b) the date, time, and place of the shelter hearing;
4031 (c) the name of the child on whose behalf a petition is being brought;
4032 (d) a concise statement regarding:
4033 (i) the reasons for removal or other action of the division under Subsection (1); and
4034 (ii) the allegations and code sections under which the proceeding has been instituted;
4035 (e) a statement that the parent or guardian to whom notice is given, and the child, are
4036 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
4037 indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
4038 provided in accordance with the provisions of Section 78A-6-1111; and
4039 (f) a statement that the parent or guardian is liable for the cost of support of the child in
4040 the protective custody, temporary custody, and custody of the division, and the cost for legal
4041 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
4042 ability of the parent or guardian.
4043 (3) The notice described in Subsection (2) shall be personally served as soon as
4044 possible, but no later than one business day after removal of the child from the child's home, or
4045 the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
4046 78A-6-106(4), on:
4047 (a) the appropriate guardian ad litem; and
4048 (b) both parents and any guardian of the child, unless the parents or guardians cannot
4049 be located.
4050 (4) The following persons shall be present at the shelter hearing:
4051 (a) the child, unless it would be detrimental for the child;
4052 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
4053 fail to appear in response to the notice;
4054 (c) counsel for the parents, if one is requested;
4055 (d) the child's guardian ad litem;
4056 (e) the caseworker from the division who is assigned to the case; and
4057 (f) the attorney from the attorney general's office who is representing the division.
4058 (5) (a) At the shelter hearing, the court shall:
4059 (i) provide an opportunity to provide relevant testimony to:
4060 (A) the child's parent or guardian, if present; and
4061 (B) any other person having relevant knowledge; and
4062 (ii) subject to Section 78A-6-305, provide an opportunity for the child to testify.
4063 (b) The court:
4064 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
4065 Procedure;
4066 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
4067 the requesting party, or their counsel; and
4068 (iii) may in its discretion limit testimony and evidence to only that which goes to the
4069 issues of removal and the child's need for continued protection.
4070 (6) If the child is in the protective custody of the division, the division shall report to
4071 the court:
4072 (a) the reason why the child was removed from the parent's or guardian's custody;
4073 (b) any services provided to the child and the child's family in an effort to prevent
4074 removal;
4075 (c) the need, if any, for continued shelter;
4076 (d) the available services that could facilitate the return of the child to the custody of
4077 the child's parent or guardian; and
4078 (e) subject to Subsections 78A-6-307(18)(c) through (e), whether any relatives of the
4079 child or friends of the child's parents may be able and willing to accept temporary placement of
4080 the child.
4081 (7) The court shall consider all relevant evidence provided by persons or entities
4082 authorized to present relevant evidence pursuant to this section.
4083 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
4084 cause shown, the court may grant no more than one continuance, not to exceed five judicial
4085 days.
4086 (b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
4087 a continuance under Subsection (8)(a).
4088 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
4089 described in Subsection (2) within the time described in Subsection (3), the court may grant the
4090 request of a parent or guardian for a continuance, not to exceed five judicial days.
4091 (9) (a) If the child is in the protective custody of the division, the court shall order that
4092 the child be returned to the custody of the parent or guardian unless it finds, by a
4093 preponderance of the evidence, consistent with the protections and requirements provided in
4094 Subsection 62A-4a-201(1), that any one of the following exists:
4095 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
4096 safety of the child and the child's physical health or safety may not be protected without
4097 removing the child from the custody of the child's parent;
4098 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
4099 the child's growth, development, behavior, or psychological functioning;
4100 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4101 would sufficiently prevent future damage; and
4102 (C) there are no reasonable means available by which the child's emotional health may
4103 be protected without removing the child from the custody of the child's parent or guardian;
4104 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
4105 not removed from the custody of the child's parent or guardian;
4106 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
4107 household has been, or is considered to be at substantial risk of being, physically abused,
4108 sexually abused, or sexually exploited by a:
4109 (A) parent or guardian;
4110 (B) member of the parent's household or the guardian's household; or
4111 (C) person known to the parent or guardian;
4112 (v) the parent or guardian is unwilling to have physical custody of the child;
4113 (vi) the child is without any provision for the child's support;
4114 (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
4115 and appropriate care for the child;
4116 (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
4117 guardian is unwilling or unable to provide care or support for the child;
4118 (B) the whereabouts of the parent or guardian are unknown; and
4119 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
4120 (ix) subject to Subsections 78A-6-105[
4121 78A-6-301.5, the child is in immediate need of medical care;
4122 (x) (A) the physical environment or the fact that the child is left unattended beyond a
4123 reasonable period of time poses a threat to the child's health or safety; and
4124 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4125 would remove the threat;
4126 (xi) (A) the child or a minor residing in the same household has been neglected; and
4127 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4128 would prevent the neglect;
4129 (xii) the parent, guardian, or an adult residing in the same household as the parent or
4130 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
4131 and any clandestine laboratory operation was located in the residence or on the property where
4132 the child resided;
4133 (xiii) (A) the child's welfare is substantially endangered; and
4134 (B) the parent or guardian is unwilling or unable to make reasonable changes that
4135 would remove the danger; or
4136 (xiv) the child's natural parent:
4137 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4138 child;
4139 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4140 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4141 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4142 recklessly causing the death of another parent of the child.
4143 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
4144 established if:
4145 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
4146 involving the parent; and
4147 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
4148 (ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
4149 allowed the child to be in the physical care of a person after the parent received actual notice
4150 that the person physically abused, sexually abused, or sexually exploited the child, that fact
4151 constitutes prima facie evidence that there is a substantial risk that the child will be physically
4152 abused, sexually abused, or sexually exploited.
4153 (10) (a) (i) The court shall also make a determination on the record as to whether
4154 reasonable efforts were made to prevent or eliminate the need for removal of the child from the
4155 child's home and whether there are available services that would prevent the need for continued
4156 removal.
4157 (ii) If the court finds that the child can be safely returned to the custody of the child's
4158 parent or guardian through the provision of those services, the court shall place the child with
4159 the child's parent or guardian and order that those services be provided by the division.
4160 (b) In making the determination described in Subsection (10)(a), and in ordering and
4161 providing services, the child's health, safety, and welfare shall be the paramount concern, in
4162 accordance with federal law.
4163 (11) Where the division's first contact with the family occurred during an emergency
4164 situation in which the child could not safely remain at home, the court shall make a finding that
4165 any lack of preplacement preventive efforts was appropriate.
4166 (12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
4167 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
4168 "reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
4169 return a child to the child's home, provide reunification services, or attempt to rehabilitate the
4170 offending parent or parents.
4171 (13) The court may not order continued removal of a child solely on the basis of
4172 educational neglect as described in Subsection 78A-6-105[
4173 comply with a court order to attend school.
4174 (14) (a) Whenever a court orders continued removal of a child under this section, the
4175 court shall state the facts on which that decision is based.
4176 (b) If no continued removal is ordered and the child is returned home, the court shall
4177 state the facts on which that decision is based.
4178 (15) If the court finds that continued removal and temporary custody are necessary for
4179 the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
4180 regardless of:
4181 (a) any error in the initial removal of the child;
4182 (b) the failure of a party to comply with notice provisions; or
4183 (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
4184 and Family Services.
4185 Section 63. Section 78A-6-312 is amended to read:
4186 78A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
4187 (1) The court may:
4188 (a) make any of the dispositions described in Section 78A-6-117;
4189 (b) place the minor in the custody or guardianship of any:
4190 (i) individual; or
4191 (ii) public or private entity or agency; or
4192 (c) order:
4193 (i) protective supervision;
4194 (ii) family preservation;
4195 (iii) subject to Subsections (12)(b), 78A-6-105[
4196 and Section 78A-6-301.5, medical or mental health treatment; or
4197 (iv) other services.
4198 (2) Whenever the court orders continued removal at the dispositional hearing, and that
4199 the minor remain in the custody of the division, the court shall first:
4200 (a) establish a primary permanency plan for the minor; and
4201 (b) determine whether, in view of the primary permanency plan, reunification services
4202 are appropriate for the minor and the minor's family, pursuant to Subsections (20) through (22).
4203 (3) Subject to Subsections (6) and (7), if the court determines that reunification
4204 services are appropriate for the minor and the minor's family, the court shall provide for
4205 reasonable parent-time with the parent or parents from whose custody the minor was removed,
4206 unless parent-time is not in the best interest of the minor.
4207 (4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
4208 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
4209 "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
4210 attempt to rehabilitate the offending parent or parents.
4211 (5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
4212 concern in determining whether reasonable efforts to reunify should be made.
4213 (6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
4214 the court makes a finding that it is necessary to deny parent-time in order to:
4215 (a) protect the physical safety of the minor;
4216 (b) protect the life of the minor; or
4217 (c) prevent the minor from being traumatized by contact with the parent due to the
4218 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
4219 (7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
4220 parent's failure to:
4221 (a) prove that the parent has not used legal or illegal substances; or
4222 (b) comply with an aspect of the child and family plan that is ordered by the court.
4223 (8) (a) In addition to the primary permanency plan, the court shall establish a
4224 concurrent permanency plan that shall include:
4225 (i) a representative list of the conditions under which the primary permanency plan will
4226 be abandoned in favor of the concurrent permanency plan; and
4227 (ii) an explanation of the effect of abandoning or modifying the primary permanency
4228 plan.
4229 (b) In determining the primary permanency plan and concurrent permanency plan, the
4230 court shall consider:
4231 (i) the preference for kinship placement over nonkinship placement;
4232 (ii) the potential for a guardianship placement if the parent-child relationship is legally
4233 terminated and no appropriate adoption placement is available; and
4234 (iii) the use of an individualized permanency plan, only as a last resort.
4235 (9) A permanency hearing shall be conducted in accordance with Subsection
4236 78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if
4237 something other than reunification is initially established as a minor's primary permanency
4238 plan.
4239 (10) (a) The court may amend a minor's primary permanency plan before the
4240 establishment of a final permanency plan under Section 78A-6-314.
4241 (b) The court is not limited to the terms of the concurrent permanency plan in the event
4242 that the primary permanency plan is abandoned.
4243 (c) If, at any time, the court determines that reunification is no longer a minor's primary
4244 permanency plan, the court shall conduct a permanency hearing in accordance with Section
4245 78A-6-314 on or before the earlier of:
4246 (i) 30 days after the day on which the court makes the determination described in this
4247 Subsection (10)(c); or
4248 (ii) the day on which the provision of reunification services, described in Section
4249 78A-6-314, ends.
4250 (11) (a) If the court determines that reunification services are appropriate, [
4251 shall order that the division make reasonable efforts to provide services to the minor and the
4252 minor's parent for the purpose of facilitating reunification of the family, for a specified period
4253 of time.
4254 (b) In providing the services described in Subsection (11)(a), the minor's health, safety,
4255 and welfare shall be the division's paramount concern, and the court shall so order.
4256 (12) (a) The court shall:
4257 (i) determine whether the services offered or provided by the division under the child
4258 and family plan constitute "reasonable efforts" on the part of the division;
4259 (ii) determine and define the responsibilities of the parent under the child and family
4260 plan in accordance with Subsection 62A-4a-205(6)(e); and
4261 (iii) identify verbally on the record, or in a written document provided to the parties,
4262 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
4263 determination regarding the provision of reasonable efforts, in accordance with state and
4264 federal law.
4265 (b) If the parent is in a substance [
4266 certified drug court program:
4267 (i) the court may order the parent to submit to supplementary drug or alcohol testing in
4268 addition to the testing recommended by the parent's substance [
4269 based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
4270 (ii) the court may order the parent to provide the results of drug or alcohol testing
4271 recommended by the substance [
4272 (13) (a) The time period for reunification services may not exceed 12 months from the
4273 date that the minor was initially removed from the minor's home, unless the time period is
4274 extended under Subsection 78A-6-314(7).
4275 (b) Nothing in this section may be construed to entitle any parent to an entire 12
4276 months of reunification services.
4277 (14) (a) If reunification services are ordered, the court may terminate those services at
4278 any time.
4279 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
4280 to be inconsistent with the final permanency plan for the minor established pursuant to Section
4281 78A-6-314, then measures shall be taken, in a timely manner, to:
4282 (i) place the minor in accordance with the permanency plan; and
4283 (ii) complete whatever steps are necessary to finalize the permanent placement of the
4284 minor.
4285 (15) Any physical custody of the minor by the parent or a relative during the period
4286 described in Subsections (11) through (14) does not interrupt the running of the period.
4287 (16) (a) If reunification services are ordered, a permanency hearing shall be conducted
4288 by the court in accordance with Section 78A-6-314 at the expiration of the time period for
4289 reunification services.
4290 (b) The permanency hearing shall be held no later than 12 months after the original
4291 removal of the minor.
4292 (c) If reunification services are not ordered, a permanency hearing shall be conducted
4293 within 30 days, in accordance with Section 78A-6-314.
4294 (17) With regard to a minor in the custody of the division whose parent or parents are
4295 ordered to receive reunification services but who have abandoned that minor for a period of six
4296 months from the date that reunification services were ordered:
4297 (a) the court shall terminate reunification services; and
4298 (b) the division shall petition the court for termination of parental rights.
4299 (18) When a court conducts a permanency hearing for a minor under Section
4300 78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
4301 sibling group together is:
4302 (a) practicable; and
4303 (b) in accordance with the best interest of the minor.
4304 (19) (a) Because of the state's interest in and responsibility to protect and provide
4305 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
4306 parent's interest in receiving reunification services is limited.
4307 (b) The court may determine that:
4308 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
4309 based on the individual circumstances; and
4310 (ii) reunification services should not be provided.
4311 (c) In determining "reasonable efforts" to be made with respect to a minor, and in
4312 making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
4313 concern.
4314 (20) There is a presumption that reunification services should not be provided to a
4315 parent if the court finds, by clear and convincing evidence, that any of the following
4316 circumstances exist:
4317 (a) the whereabouts of the parents are unknown, based upon a verified affidavit
4318 indicating that a reasonably diligent search has failed to locate the parent;
4319 (b) subject to Subsection (21)(a), the parent is suffering from a mental illness of such
4320 magnitude that it renders the parent incapable of utilizing reunification services;
4321 (c) the minor was previously adjudicated as an abused child due to physical abuse,
4322 sexual abuse, or sexual exploitation, and following the adjudication the minor:
4323 (i) was removed from the custody of the minor's parent;
4324 (ii) was subsequently returned to the custody of the parent; and
4325 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
4326 exploitation;
4327 (d) the parent:
4328 (i) caused the death of another minor through abuse or neglect;
4329 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
4330 (A) murder or manslaughter of a child; or
4331 (B) child abuse homicide;
4332 (iii) committed sexual abuse against the child;
4333 (iv) is a registered sex offender or required to register as a sex offender; or
4334 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
4335 child;
4336 (B) is identified by a law enforcement agency as the primary suspect in an investigation
4337 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
4338 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4339 recklessly causing the death of another parent of the child;
4340 (e) the minor suffered severe abuse by the parent or by any person known by the
4341 parent, if the parent knew or reasonably should have known that the person was abusing the
4342 minor;
4343 (f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
4344 and the court finds that it would not benefit the minor to pursue reunification services with the
4345 offending parent;
4346 (g) the parent's rights are terminated with regard to any other minor;
4347 (h) the minor was removed from the minor's home on at least two previous occasions
4348 and reunification services were offered or provided to the family at those times;
4349 (i) the parent has abandoned the minor for a period of six months or longer;
4350 (j) the parent permitted the child to reside, on a permanent or temporary basis, at a
4351 location where the parent knew or should have known that a clandestine laboratory operation
4352 was located;
4353 (k) except as provided in Subsection (21)(b), with respect to a parent who is the child's
4354 birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
4355 exposed to an illegal or prescription drug that was abused by the child's mother while the child
4356 was in utero, if the child was taken into division custody for that reason, unless the mother
4357 agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
4358 substance [
4359 (l) any other circumstance that the court determines should preclude reunification
4360 efforts or services.
4361 (21) (a) The finding under Subsection (20)(b) shall be based on competent evidence
4362 from at least two medical or mental health professionals, who are not associates, establishing
4363 that, even with the provision of services, the parent is not likely to be capable of adequately
4364 caring for the minor within 12 months after the day on which the court finding is made.
4365 (b) A judge may disregard the provisions of Subsection (20)(k) if the court finds, under
4366 the circumstances of the case, that the substance [
4367 Subsection (20)(k) is not warranted.
4368 (22) In determining whether reunification services are appropriate, the court shall take
4369 into consideration:
4370 (a) failure of the parent to respond to previous services or comply with a previous child
4371 and family plan;
4372 (b) the fact that the minor was abused while the parent was under the influence of
4373 drugs or alcohol;
4374 (c) any history of violent behavior directed at the child or an immediate family
4375 member;
4376 (d) whether a parent continues to live with an individual who abused the minor;
4377 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
4378 (f) testimony by a competent professional that the parent's behavior is unlikely to be
4379 successful; and
4380 (g) whether the parent has expressed an interest in reunification with the minor.
4381 (23) (a) If reunification services are not ordered pursuant to Subsections (19) through
4382 (21), and the whereabouts of a parent become known within six months after the day on which
4383 the out-of-home placement of the minor is made, the court may order the division to provide
4384 reunification services.
4385 (b) The time limits described in Subsections (2) through (18) are not tolled by the
4386 parent's absence.
4387 (24) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
4388 services unless [
4389 (b) In making the determination described in Subsection (24)(a), the court shall
4390 consider:
4391 (i) the age of the minor;
4392 (ii) the degree of parent-child bonding;
4393 (iii) the length of the sentence;
4394 (iv) the nature of the treatment;
4395 (v) the nature of the crime or illness;
4396 (vi) the degree of detriment to the minor if services are not offered;
4397 (vii) for a minor 10 years old or older, the minor's attitude toward the implementation
4398 of family reunification services; and
4399 (viii) any other appropriate factors.
4400 (c) Reunification services for an incarcerated parent are subject to the time limitations
4401 imposed in Subsections (2) through (18).
4402 (d) Reunification services for an institutionalized parent are subject to the time
4403 limitations imposed in Subsections (2) through (18), unless the court determines that continued
4404 reunification services would be in the minor's best interest.
4405 (25) If, pursuant to Subsections (20)(b) through (l), the court does not order
4406 reunification services, a permanency hearing shall be conducted within 30 days, in accordance
4407 with Section 78A-6-314.
4408 Section 64. Section 78A-6-401 is amended to read:
4409 78A-6-401. Attorney general responsibility.
4410 [
4411
4412
4413
4414
4415
4416 [
4417
4418 [
4419
4420 [
4421 The attorney general's office shall represent the Division of Child and Family Services
4422 with regard to actions involving a minor who has not been adjudicated as abused or neglected,
4423 but who is [
4424
4425
4426
4427
4428 ordered to complete in-home family services under Section 78A-6-117.5.
4429 Section 65. Section 78A-6-602 is amended to read:
4430 78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
4431 referral -- Citation -- Failure to appear.
4432 (1) A proceeding in a minor's case is commenced by petition, except as provided in
4433 Sections 78A-6-701, 78A-6-702, and 78A-6-703.
4434 [
4435
4436
4437
4438
4439
4440
4441 (2) (a) A peace officer or a public official of the state, a county, city, or town charged
4442 with the enforcement of the laws of the state or local jurisdiction shall file a formal referral
4443 with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken to a
4444 detention facility, the formal referral shall be filed with the juvenile court within 72 hours,
4445 excluding weekends and holidays. A formal referral under Section 53A-11-911 may not be
4446 filed with the juvenile court on an offense unless the offense is subject to referral under Section
4447 53A-11-911.
4448 (b) When the court is informed by a peace officer or other person that a minor is or
4449 appears to be within the court's jurisdiction, the probation department shall make a preliminary
4450 inquiry to determine whether [
4451
4452
4453
4454
4455 probation department and, if the minor is a child, the minor's parent, guardian, or custodian for
4456 the nonjudicial adjustment of the case [
4457
4458 nonjudicial adjustment if the minor:
4459 (i) is referred with a misdemeanor, infraction, or status offense;
4460 (ii) has fewer than three prior adjudications; and
4461 (iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
4462 (c) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
4463 validated risk and needs assessment and may request that the prosecutor review the referral
4464 pursuant to Subsection (2)(g) to determine whether to dismiss the referral or file a petition
4465 instead of offering a nonjudicial adjustment if:
4466 (A) the results of the assessment indicate the youth is high risk; or
4467 (B) the results of the assessment indicate the youth is moderate risk and the referral is
4468 for a class A misdemeanor violation under Title 76, Chapter 5, or Title 76, Chapter 9, Part 7,
4469 Miscellaneous Provisions.
4470 (ii) The court's probation department, may offer a nonjudicial adjustment to any other
4471 minor who does not meet the criteria provided in Subsection (2)(b).
4472 (iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
4473 admission of guilt.
4474 (iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to
4475 pay a financial penalty under Subsection (2)(d).
4476 [
4477 than 90 days without leave of a judge of the court, who may extend the period for an additional
4478 90 days.
4479 (d) The nonjudicial adjustment of a case may include conditions agreed upon as part of
4480 the nonjudicial closure:
4481 (i) payment of a financial penalty of not more than $250 to the juvenile court subject to
4482 the terms established under Subsection (2)(e);
4483 (ii) payment of victim restitution;
4484 (iii) satisfactory completion of compensatory service;
4485 (iv) referral to an appropriate provider for counseling or treatment;
4486 (v) attendance at substance [
4487 (vi) compliance with specified restrictions on activities and associations; and
4488 (vii) other reasonable actions that are in the interest of the child or minor and the
4489 community.
4490 [
4491
4492 (e) A fee, fine, or restitution included in a nonjudicial closure in accordance with
4493 Subsection (2)(d) shall be based upon the ability of the minor's family to pay as determined by
4494 a statewide sliding scale developed as provided in Section 63M-7-208 on and after July 1,
4495 2018.
4496 (f) If a minor fails to substantially comply with the conditions agreed upon as part of
4497 the nonjudicial closure, or if a minor is not offered or declines a nonjudicial adjustment
4498 pursuant to Subsection (2)(b) or (2)(c)(ii), the prosecutor shall review the case and take one of
4499 the following actions:
4500 (i) dismiss the case;
4501 (ii) refer the case back to the probation department for a new attempt at nonjudicial
4502 adjustment; or
4503 (iii) in accordance with Subsections (2)(h), file a petition with the court.
4504 (g) Notwithstanding Subsection (2)(f), a petition may only be filed upon reasonable
4505 belief that:
4506 (i) the charges are supported by probable cause;
4507 (ii) admissible evidence will be sufficient to support conviction beyond a reasonable
4508 doubt; and
4509 (iii) the decision to charge is in the interests of justice.
4510 (h) Failure to a pay a fine or fee may not serve as a basis for filing of a petition under
4511 Subsection (2)(f)(iii) if the minor has substantially complied with the other conditions agreed
4512 upon in accordance with Subsection (2)(d) or those imposed through any other court diversion
4513 program.
4514 [
4515 juvenile court [
4516 court-approved tobacco education program, which may include a participation fee.
4517 (j) If the prosecutor files a petition in court, the court may refer the case to the
4518 probation department for another offer of nonjudicial adjustment.
4519 (3) Except as provided in Sections 78A-6-701 and 78A-6-702, in the case of a minor
4520 14 years of age or older, the county attorney, district attorney, or attorney general may
4521 commence an action by filing a criminal information and a motion requesting the juvenile court
4522 to waive its jurisdiction and certify the minor to the district court.
4523 (4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
4524 misdemeanors, other infractions or misdemeanors as designated by general order of the Board
4525 of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the
4526 juvenile court, a petition is not required and the issuance of a citation as provided in Section
4527 78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry is [
4528 required [
4529 (b) Any failure to comply with the time deadline on a formal referral may not be the
4530 basis of dismissing the formal referral.
4531 Section 66. Section 78A-6-603 is amended to read:
4532 78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
4533 appear.
4534 (1) As used in this section, "citation" means an abbreviated referral and is sufficient to
4535 invoke the jurisdiction of the court in lieu of a petition.
4536 (2) A citation shall be submitted to the court within five days of [
4537 (3) [
4538 (a) the name and address of the juvenile court before which the minor [
4539 required to appear;
4540 (b) the name of the minor cited;
4541 (c) the statute or local ordinance that is alleged to have been violated;
4542 (d) a brief description of the offense charged;
4543 (e) the date, time, and location at which the offense is alleged to have occurred;
4544 (f) the date the citation was issued;
4545 (g) the name and badge or identification number of the peace officer or public official
4546 who issued the citation;
4547 (h) the name of the arresting person if an arrest was made by a private party and the
4548 citation was issued in lieu of taking the arrested minor into custody as provided in Section
4549 78A-6-112;
4550 (i) the date and time when the minor is to appear, or a statement that the minor and
4551 parent or legal guardian are to appear when notified by the juvenile court; and
4552 (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
4553 appear at the juvenile court as designated on the citation.
4554 (4) [
4555 be entered if known:
4556 (a) the minor's address;
4557 (b) the minor's date of birth;
4558 (c) the name and address of the child's custodial parent or legal guardian, if different
4559 from the child; and
4560 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
4561 this information shall be removed from the documents the minor receives.
4562 (5) A citation received by the court beyond the time designated in Subsection (2) shall
4563 include a written explanation for the delay.
4564 (6) [
4565 to the juvenile court as a citation:
4566 (a) violations of wildlife laws;
4567 (b) violations of boating laws;
4568 (c) violations of curfew laws;
4569 (d) any class B misdemeanor or less traffic violations where the person is under the age
4570 of 16;
4571 (e) any class B or class C misdemeanor or infraction;
4572 (f) any other infraction or misdemeanor as designated by general order of the Board of
4573 Juvenile Court Judges; and
4574 (g) violations of Section 76-10-105 subject to the jurisdiction of the juvenile court.
4575 [
4576 [
4577
4578 [
4579
4580
4581
4582 (7) A minor offense defined under Section 78A-6-1202, alleged to have been
4583 committed by an enrolled child on school property or related to school attendance, may only be
4584 sent to the prosecutor or the juvenile court in accordance with Section 53A-11-911.
4585 (8) A preliminary inquiry by the prosecutor, and if appropriate, the court, under Section
4586 78A-6-117 is required.
4587 (9) Subsection (5) may not apply to a runaway child.
4588 (10) (a) A minor receiving a citation described in this section shall appear at the
4589 juvenile court designated in the citation on the time and date specified in the citation or when
4590 notified by the juvenile court.
4591 (b) A citation may not require a minor to appear sooner than five days following its
4592 issuance.
4593 (11) A minor who receives a citation and willfully fails to appear before the juvenile
4594 court pursuant to a citation [
4595 court may proceed against the minor as provided in Section 78A-6-1101 [
4596
4597 (12) When a citation is issued under this section, bail may be posted and forfeited
4598 under [
4599 (a) the court; and
4600 (b) if the minor is a child, the parent or legal guardian of the child cited.
4601 Section 67. Section 78A-6-604 is amended to read:
4602 78A-6-604. Minor held in detention -- Credit for good behavior.
4603 (1) [
4604 78A-6-117(2)(f) [
4605 period of detention. The rate of credit is one day for every three days served. The Division of
4606 Juvenile Justice Services shall, in accordance with Title 63G, Chapter 3, Utah Administrative
4607 Rulemaking Act, establish rules describing good behavior for which credit may be earned.
4608 (2) Any disposition including detention under Subsection 78A-6-117(2)(f) [
4609
4610 Section 68. Section 78A-6-606 is amended to read:
4611 78A-6-606. Suspension of license for certain offenses.
4612 (1) This section applies to a minor who is at least [
4613 a driver license under Section 53-3-204 when found by the court to be within its jurisdiction by
4614 the commission of an offense under:
4615 (a) Section 32B-4-409;
4616 (b) Section 32B-4-410;
4617 (c) Section 32B-4-411;
4618 (d) Section 58-37-8;
4619 (e) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4620 (f) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4621 (g) Subsection 76-9-701(1).
4622 (2) This section only applies when the minor is found by the court to be in actual
4623 physical control of a motor vehicle during the commission of one of the offenses under
4624 Subsection (1).
4625 [
4626 under Section 58-37-8 or Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
4627 Imitation Controlled Substances Act, the court [
4628 License Division of the Department of Public Safety an order to suspend that minor's driving
4629 privileges.
4630 [
4631 privileges if the minor violated Section 32B-4-409, Section 32B-4-410, or Subsection
4632 76-9-701(1).
4633 (b) [
4634 reduce [
4635 (i) the violation is the minor's first violation of:
4636 (A) Section 32B-4-409;
4637 (B) Section 32B-4-410;
4638 (C) Section 58-37-8;
4639 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4640 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4641 (F) Subsection 76-9-701(1); and
4642 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
4643 (B) the minor demonstrates substantial progress in substance [
4644 treatment.
4645 (c) [
4646
4647 required under Section 53-3-219 if:
4648 (i) the violation is the minor's second or subsequent violation of:
4649 (A) Section 32B-4-409;
4650 (B) Section 32B-4-410;
4651 (C) Section 58-37-8;
4652 (D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4653 (E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4654 (F) Subsection 76-9-701(1);
4655 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
4656 demonstrated substantial progress in substance [
4657 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
4658 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
4659 consecutive period during the suspension period imposed under Subsection [
4660 (B) the person is under 18 years of age and has the person's parent or legal guardian
4661 provide an affidavit or sworn statement to the court certifying that to the parent or legal
4662 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
4663 one-year consecutive period during the suspension period imposed under Subsection [
4664 (4)(a).
4665 (d) If a minor commits a proof of age violation, as defined in Section 32B-4-411:
4666 (i) the court [
4667 Safety for a first or subsequent violation; and
4668 (ii) the minor's driving privileges will be suspended:
4669 (A) for a period of at least one year under Section 53-3-220 for a first conviction for a
4670 violation of Section 32B-4-411; or
4671 (B) for a period of two years for a second or subsequent conviction for a violation of
4672 Section 32B-4-411.
4673 (e) [
4674 the suspension period imposed under Subsection [
4675 (i) the violation is the minor's first violation of Section 32B-4-411; and
4676 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
4677 (B) the minor demonstrates substantial progress in substance [
4678 treatment.
4679 (f) [
4680 the suspension period imposed under Subsection [
4681 (i) the violation is the minor's second or subsequent violation of Section 32B-4-411;
4682 (ii) the minor has completed an educational series as defined in Section 41-6a-501 or
4683 demonstrated substantial progress in substance [
4684 (iii) (A) the person is 18 years of age or older and provides a sworn statement to the
4685 court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
4686 consecutive period during the suspension period imposed under Subsection [
4687 or
4688 (B) the person is under 18 years of age and has the person's parent or legal guardian
4689 provide an affidavit or sworn statement to the court certifying that to the parent or legal
4690 guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
4691 one-year consecutive period during the suspension period imposed under Subsection [
4692 (4)(d)(ii)(B).
4693 [
4694 issues an order suspending the minor's driving privileges in accordance with Subsection (2) for
4695 a violation of:
4696 (a) Section 32B-4-409;
4697 (b) Section 32B-4-410;
4698 (c) Section 58-37-8;
4699 (d) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Title 37b, Imitation
4700 Controlled Substances Act; or
4701 (e) Subsection 76-9-701(1).
4702 [
4703 of a person for a driving offense committed while the person's license is suspended under this
4704 section, the Department of Public Safety shall extend the suspension for a like period of time.
4705 Section 69. Section 78A-6-701 is amended to read:
4706 78A-6-701. Jurisdiction of district court.
4707 (1) The district court has exclusive original jurisdiction over all persons 16 years of age
4708 or older charged with[
4709 committed by an adult[
4710 [
4711
4712 [
4713 [
4714 [
4715 [
4716 [
4717 [
4718 [
4719 [
4720 [
4721 [
4722
4723
4724
4725 (2) When the district court has exclusive original jurisdiction over a minor under this
4726 section, it also has exclusive original jurisdiction over the minor regarding all offenses joined
4727 with the qualifying offense, and any other offenses, including misdemeanors, arising from the
4728 same criminal episode. The district court is not divested of jurisdiction by virtue of the fact
4729 that the minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
4730 (3) (a) [
4731 which the district court takes jurisdiction under Subsection (1) or (2) shall be tried against the
4732 defendant as an adult in the district court or justice court having jurisdiction.
4733 (b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of not
4734 guilty, or a dismissal of the charge in the district court, the juvenile court under Section
4735 78A-6-103 and the Division of Juvenile Justice Services regain any jurisdiction and authority
4736 previously exercised over the minor.
4737 (4) A minor arrested under this section shall be held in a juvenile detention facility
4738 until the district court determines where the minor shall be held until the time of trial, except
4739 for defendants who are otherwise subject to the authority of the Board of Pardons and Parole.
4740 (5) The district court shall consider the following when determining where the minor
4741 will be held until the time of trial:
4742 (a) the age of the minor;
4743 (b) the nature, seriousness, and circumstances of the alleged offense;
4744 (c) the minor's history of prior criminal acts;
4745 (d) whether detention in a juvenile detention facility will adequately serve the need for
4746 community protection pending the outcome of any criminal proceedings;
4747 (e) whether the minor's placement in a juvenile detention facility will negatively impact
4748 the functioning of the facility by compromising the goals of the facility to maintain a safe,
4749 positive, and secure environment for all minors within the facility;
4750 (f) the relative ability of the facility to meet the needs of the minor and protect the
4751 public;
4752 (g) whether the minor presents an imminent risk of harm to the minor or others within
4753 the facility;
4754 (h) the physical maturity of the minor;
4755 (i) the current mental state of the minor as evidenced by relevant mental health or
4756 psychological assessments or screenings that are made available to the court; and
4757 (j) any other factors the court considers relevant.
4758 (6) A minor ordered to a juvenile detention facility under Subsection (5) shall remain
4759 in the facility until released by a district court judge, or if convicted, until sentencing.
4760 (7) A minor held in a juvenile detention facility under this section shall have the same
4761 right to bail as any other criminal defendant.
4762 (8) If the minor ordered to a juvenile detention facility under Subsection (5) attains the
4763 age of 18 years, the minor shall be transferred within 30 days to an adult jail until released by
4764 the district court judge, or if convicted, until sentencing.
4765 (9) A minor 16 years of age or older whose conduct or condition endangers the safety
4766 or welfare of others in the juvenile detention facility may, by court order that specifies the
4767 reasons, be detained in another place of confinement considered appropriate by the court,
4768 including jail or other place of pretrial confinement for adults.
4769 Section 70. Section 78A-6-1101 is amended to read:
4770 78A-6-1101. Violation of order of court -- Contempt -- Penalty -- Enforcement of
4771 fine, fee, or restitution.
4772 (1) [
4773 be proceeded against for contempt of court.
4774 (2) [
4775 punished in accordance with Section 78B-6-310.
4776 (3) (a) [
4777 punished by [
4778
4779 including community placement or commitment to a secure facility, if the disposition is
4780 commitment to a secure detention pursuant to Subsection 78A-6-117(2)(f) for no longer than
4781 72 hours, excluding weekends and legal holidays.
4782 (b) [
4783 compliance with conditions imposed by the court.
4784 (4) [
4785 fees, or restitution through garnishments, wage withholdings, supplementary proceedings, or
4786 executions. An order described in this Subsection (4) may not be enforced through an order of
4787 detention, community placement, or commitment to a secure facility.
4788 Section 71. Section 78A-6-1202 is amended to read:
4789 78A-6-1202. Definitions.
4790 (1) "Adult" means a person 18 years of age or older.
4791 (2) (a) "Gang activity" means any criminal activity that is conducted as part of an
4792 organized youth gang. It includes any criminal activity that is done in concert with other gang
4793 members, or done alone if it is to fulfill gang purposes.
4794 (b) "Gang activity" does not include graffiti.
4795 (3) (a) "Minor offense" means any unlawful act that is a status offense or would be a
4796 [
4797 youth were an adult.
4798 (b) "Minor offense" does not include:
4799 [
4800 [
4801 [
4802 [
4803
4804 [
4805
4806 [
4807 [
4808 [
4809 [
4810 [
4811 [
4812
4813 (4) "Sponsoring entity" means any political subdivision of the state, including a school
4814 or school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or
4815 town.
4816 (5) "Status offense" means a violation of the law that would not be a violation but for
4817 the age of the offender.
4818 (6) "Youth" means a person under the age of 18 years or who is 18 but still attending
4819 high school.
4820 Section 72. Section 78A-6-1203 is amended to read:
4821 78A-6-1203. Youth court -- Authorization -- Referral.
4822 (1) Youth court is a diversion program [
4823 for cases involving juvenile offenders in which youth participants, under the supervision of an
4824 adult coordinator, may serve in various capacities within the courtroom, acting in the role of
4825 jurors, lawyers, bailiffs, clerks, and judges.
4826 (a) Youth who appear before youth courts have been identified by law enforcement
4827 personnel, school officials, a prosecuting attorney, or the juvenile court as having committed
4828 acts which indicate a need for intervention to prevent further development toward juvenile
4829 delinquency, but which appear to be acts that can be appropriately addressed outside the
4830 juvenile court process.
4831 (b) Youth courts may only hear cases as provided for in this part.
4832 (c) Youth court is a diversion program and not a court established under the Utah
4833 Constitution, Article VIII.
4834 (2) A youth court may not accept referrals from law enforcement, schools, prosecuting
4835 attorneys, or a juvenile court unless the youth court is certified by the Utah Youth Court Board.
4836 (3) Any person may refer youth to a youth court for minor offenses or for any other
4837 eligible offense under Section 53A-11-911. Once a referral is made, the case shall be screened
4838 by an adult coordinator to determine whether it qualifies as a youth court case.
4839 (4) Youth courts have authority over youth:
4840 (a) referred for [
4841 other eligible offenses under Section 53A-11-911, or who are granted permission for referral
4842 under this part;
4843 (b) who, along with a parent, guardian, or legal custodian, voluntarily and in writing,
4844 request youth court involvement; and
4845 [
4846 [
4847
4848 [
4849 the youth court disposition of the case.
4850 (5) Except with permission granted under Subsection (6), or pursuant to Section
4851 53A-11-911, youth courts may not exercise authority over youth who are under the continuing
4852 jurisdiction of the juvenile court for law violations, including any youth who may have a matter
4853 pending which has not yet been adjudicated. Youth courts may, however, exercise authority
4854 over youth who are under the continuing jurisdiction of the juvenile court as set forth in this
4855 Subsection (5) if the offense before the youth court is not a law violation, and the referring
4856 agency has notified the juvenile court of the referral.
4857 (6) Youth courts may exercise authority over youth described in Subsection (5), and
4858 over any other offense with the permission of the juvenile court and the prosecuting attorney in
4859 the county or district that would have jurisdiction if the matter were referred to juvenile court.
4860 (7) Permission of the juvenile court may be granted by a probation officer of the court
4861 in the district that would have jurisdiction over the offense being referred to youth court.
4862 (8) Youth courts may decline to accept a youth for youth court disposition for any
4863 reason and may terminate a youth from youth court participation at any time.
4864 (9) A youth or the youth's parent, guardian, or legal custodian may withdraw from the
4865 youth court process at any time. The youth court shall immediately notify the referring source
4866 of the withdrawal.
4867 (10) The youth court may transfer a case back to the referring source for alternative
4868 handling at any time.
4869 (11) Referral of a case to youth court may not, if otherwise eligible, prohibit the
4870 subsequent referral of the case to any court.
4871 (12) Proceedings and dispositions of a youth court may only be shared with the
4872 referring agency, juvenile court, and victim.
4873 (13) When a person does not complete the terms ordered by a youth court, and if the
4874 case is referred to a juvenile court, the youth court shall provide the case file to the juvenile
4875 court.
4876 Section 73. Section 78A-6-1302 is amended to read:
4877 78A-6-1302. Procedure -- Standard.
4878 (1) When a motion is filed pursuant to Section 78A-6-1301 raising the issue of a
4879 minor's competency to proceed, or when the court raises the issue of a minor's competency to
4880 proceed, the juvenile court in which proceedings are pending shall stay all delinquency
4881 proceedings.
4882 (2) If a motion for inquiry is opposed by either party, the court shall, prior to granting
4883 or denying the motion, hold a limited hearing solely for the purpose of determining the
4884 sufficiency of the motion. If the court finds that the allegations of incompetency raise a bona
4885 fide doubt as to the minor's competency to proceed, it shall enter an order for an evaluation of
4886 the minor's competency to proceed, and shall set a date for a hearing on the issue of the minor's
4887 competency.
4888 (3) After the granting of a motion, and prior to a full competency hearing, the court
4889 may order the Department of Human Services to evaluate the minor and to report to the court
4890 concerning the minor's mental condition.
4891 (4) The minor shall be evaluated by a mental health examiner with experience in
4892 juvenile forensic evaluations and juvenile brain development, who is not involved in the
4893 current treatment of the minor. If it becomes apparent that the minor may be not competent
4894 due to an intellectual disability or related condition, the examiner shall be experienced in
4895 intellectual disability or related condition evaluations of minors.
4896 (5) The petitioner or other party, as directed by the court, shall provide all information
4897 and materials to the examiners relevant to a determination of the minor's competency
4898 including:
4899 (a) the motion;
4900 (b) the arrest or incident reports pertaining to the charged offense;
4901 (c) the minor's known delinquency history information;
4902 (d) known prior mental health evaluations and treatments; and
4903 (e) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the
4904 minor's education.
4905 (6) The minor's parents or guardian, the prosecutor, defense attorney, and guardian ad
4906 litem, shall cooperate in providing the relevant information and materials to the examiners.
4907 (7) In conducting the evaluation and in the report determining if a minor is competent
4908 to proceed as defined in Subsection 78A-6-105[
4909 impact of a mental disorder, intellectual disability, or related condition on a minor's present
4910 capacity to:
4911 (a) comprehend and appreciate the charges or allegations;
4912 (b) disclose to counsel pertinent facts, events, or states of mind;
4913 (c) comprehend and appreciate the range and nature of possible penalties, if applicable,
4914 that may be imposed in the proceedings against the minor;
4915 (d) engage in reasoned choice of legal strategies and options;
4916 (e) understand the adversarial nature of the proceedings;
4917 (f) manifest appropriate courtroom behavior; and
4918 (g) testify relevantly, if applicable.
4919 (8) In addition to the requirements of Subsection (7), the examiner's written report
4920 shall:
4921 (a) identify the specific matters referred for evaluation;
4922 (b) describe the procedures, techniques, and tests used in the evaluation and the
4923 purpose or purposes for each;
4924 (c) state the examiner's clinical observations, findings, and opinions on each issue
4925 referred for evaluation by the court, and indicate specifically those issues, if any, on which the
4926 examiner could not give an opinion;
4927 (d) state the likelihood that the minor will attain competency and the amount of time
4928 estimated to achieve it; and
4929 (e) identify the sources of information used by the examiner and present the basis for
4930 the examiner's clinical findings and opinions.
4931 (9) The examiner shall provide an initial report to the court, the prosecuting and
4932 defense attorneys, and the guardian ad litem, if applicable, within 30 days of the receipt of the
4933 court's order. If the examiner informs the court that additional time is needed, the court may
4934 grant, taking into consideration the custody status of the minor, up to an additional 30 days to
4935 provide the report to the court and counsel. The examiner must provide the report within 60
4936 days from the receipt of the court's order unless, for good cause shown, the court authorizes an
4937 additional period of time to complete the evaluation and provide the report. The report shall
4938 inform the court of the examiner's opinion concerning the competency and the likelihood of the
4939 minor to attain competency within a year. In the alternative, the examiner may inform the court
4940 in writing that additional time is needed to complete the report.
4941 (10) Any statement made by the minor in the course of any competency evaluation,
4942 whether the evaluation is with or without the consent of the minor, any testimony by the
4943 examiner based upon any statement, and any other fruits of the statement may not be admitted
4944 in evidence against the minor in any delinquency or criminal proceeding except on an issue
4945 respecting the mental condition on which the minor has introduced evidence. The evidence
4946 may be admitted, however, where relevant to a determination of the minor's competency.
4947 (11) [
4948 minor and the parents or guardian of the limits of confidentiality as provided under Subsection
4949 (10).
4950 (12) When the report is received the court shall set a date for a competency hearing
4951 [
4952 enlarges the time for good cause.
4953 (13) A minor shall be presumed competent unless the court, by a preponderance of the
4954 evidence, finds the minor not competent to proceed. The burden of proof is upon the
4955 proponent of incompetency to proceed.
4956 (14) (a) Following the hearing, the court shall determine by a preponderance of
4957 evidence whether the minor is:
4958 (i) competent to proceed;
4959 (ii) not competent to proceed with a substantial probability that the minor may attain
4960 competency in the foreseeable future; or
4961 (iii) not competent to proceed without a substantial probability that the minor may
4962 attain competency in the foreseeable future.
4963 (b) If the court enters a finding pursuant to Subsection (14)(a)(i), the court shall
4964 proceed with the delinquency proceedings.
4965 (c) If the court enters a finding pursuant to Subsection (14)(a)(ii), the court shall
4966 proceed consistent with Section 78A-6-1303.
4967 (d) If the court enters a finding pursuant to Subsection (14)(a)(iii), the court shall
4968 terminate the competency proceeding, dismiss the delinquency charges without prejudice, and
4969 release the minor from any custody order related to the pending delinquency proceeding, unless
4970 the prosecutor informs the court that commitment proceedings pursuant to Title 62A, Chapter
4971 5, Services for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental
4972 Health Act, will be initiated. These commitment proceedings shall be initiated within seven
4973 days after the court's order, unless the court enlarges the time for good cause shown. The
4974 minor may be ordered to remain in custody until the commitment proceedings have been
4975 concluded.
4976 (15) If the court finds the minor not competent to proceed, its order shall contain
4977 findings addressing each of the factors in Subsection (7).
4978 Section 74. Section 78A-7-106 is amended to read:
4979 78A-7-106. Jurisdiction.
4980 (1) Justice courts have jurisdiction over class B and C misdemeanors, violation of
4981 ordinances, and infractions committed within their territorial jurisdiction by a person 18 years
4982 of age or older.
4983 (2) Except those offenses over which the juvenile court has exclusive jurisdiction,
4984 justice courts have jurisdiction over the following offenses committed within their territorial
4985 jurisdiction by a person who is 16 or 17 years of age:
4986 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
4987 Licensing Act; and
4988 (b) class B and C misdemeanor and infraction violations of:
4989 (i) Title 23, Wildlife Resources Code of Utah;
4990 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
4991 (iii) Title 41, Chapter 6a, Traffic Code;
4992 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
4993 Operators Act;
4994 (v) Title 41, Chapter 22, Off-Highway Vehicles;
4995 (vi) Title 73, Chapter 18, State Boating Act;
4996 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
4997 (viii) Title 73, Chapter 18b, Water Safety; and
4998 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
4999 Operators Act.
5000 (3) As used in this section, "the court's jurisdiction" means the territorial jurisdiction of
5001 a justice court.
5002 (4) An offense is committed within the territorial jurisdiction of a justice court if:
5003 (a) conduct constituting an element of the offense or a result constituting an element of
5004 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
5005 itself unlawful;
5006 (b) either a person committing an offense or a victim of an offense is located within the
5007 court's jurisdiction at the time the offense is committed;
5008 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
5009 within the court's jurisdiction;
5010 (d) a person commits any act constituting an element of an inchoate offense within the
5011 court's jurisdiction, including an agreement in a conspiracy;
5012 (e) a person solicits, aids, or abets, or attempts to solicit, aid, or abet another person in
5013 the planning or commission of an offense within the court's jurisdiction;
5014 (f) the investigation of the offense does not readily indicate in which court's
5015 jurisdiction the offense occurred, and:
5016 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
5017 passing within the court's jurisdiction;
5018 (ii) (A) the offense is committed on or in any body of water bordering on or within this
5019 state if the territorial limits of the justice court are adjacent to the body of water; and
5020 (B) as used in Subsection (5)(f)(ii)(A), "body of water" includes any stream, river, lake,
5021 or reservoir, whether natural or man-made;
5022 (iii) a person who commits theft exercises control over the affected property within the
5023 court's jurisdiction; or
5024 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
5025 (g) the offense consists of an unlawful communication that was initiated or received
5026 within the court's jurisdiction; or
5027 (h) jurisdiction is otherwise specifically provided by law.
5028 (5) A justice court judge may transfer a criminal matter in which the defendant is a
5029 child to the juvenile court for further proceedings if the justice court judge determines and the
5030 juvenile court concurs that the best interests of the minor would be served by the continuing
5031 jurisdiction of the juvenile court, subject to Section 78A-6-602.
5032 (6) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
5033 Small Claims Courts, if a defendant resides in or the debt arose within the territorial
5034 jurisdiction of the justice court.
5035 Section 75. Effective date.
5036 (1) Except as provided in Subsections (2) and (3), this bill takes effect on May 9, 2017.
5037 (2) The actions affecting the following sections take effect on August 1, 2017:
5038 (a) Section 53A-1-403;
5039 (b) Section 53A-3-402;
5040 (c) Section 53A-11-101.7;
5041 (d) Section 53A-11-103;
5042 (e) Section 53A-11-105;
5043 (f) Section 53A-11-403;
5044 (g) Section 53A-11-901;
5045 (h) Section 53A-11-908;
5046 (i) Section 53A-11-910;
5047 (j) Section 53A-11-911;
5048 (k) Section 53A-11-1302;
5049 (l) Section 53A-11-1604;
5050 (m) Section 58-37-8;
5051 (n) Section 58-37a-7;
5052 (o) Section 58-37b-9;
5053 (p) Section 62A-4a-105;
5054 (q) Section 62A-4a-201;
5055 (r) Section 62A-4a-202;
5056 (s) Section 62A-4a-208;
5057 (t) Section 62A-4a-250;
5058 (u) Section 62A-7-101;
5059 (v) Section 62A-7-104;
5060 (w) Section 62A-7-109.5;
5061 (x) Section 62A-7-201;
5062 (y) Section 62A-7-501;
5063 (z) Section 62A-7-504;
5064 (aa) Section 62A-7-506;
5065 (bb) Section 62A-7-601;
5066 (cc) Section 62A-7-701;
5067 (dd) Section 63M-7-208;
5068 (ee) Section 76-5-413;
5069 (ff) Section 76-10-105;
5070 (gg) Section 78A-6-105;
5071 (hh) Section 78A-6-106.5;
5072 (ii) Section 78A-6-109;
5073 (jj) Section 78A-6-111;
5074 (kk) Section 78A-6-115;
5075 (ll) Section 78A-6-117.5;
5076 (mm) Section 78A-6-118;
5077 (nn) Section 78A-6-119;
5078 (oo) Section 78A-6-302;
5079 (pp) Section 78A-6-306;
5080 (qq) Section 78A-6-312;
5081 (rr) Section 78A-6-401;
5082 (ss) Section 78A-6-602;
5083 (tt) Section 78A-6-603;
5084 (uu) Section 78A-6-604;
5085 (vv) Section 78A-6-606;
5086 (ww) Section 78A-6-701;
5087 (xx) Section 78A-6-1202;
5088 (yyy) Section 78A-6-1203;
5089 (zzz) Section 78A-6-1302; and
5090 (aaa) Section 78A-7-106.
5091 (3) The actions affecting the following sections take effect on July 1, 2018:
5092 (a) Section 17-18a-404;
5093 (b) Section 32B-4-409;
5094 (c) Section 32B-4-410;
5095 (d) Section 32B-4-411;
5096 (e) Section 62A-7-107.5;
5097 (f) Section 62A-7-202;
5098 (g) Section 62A-7-404;
5099 (h) Section 63M-7-404;
5100 (i) Section 76-9-701;
5101 (j) Section 78A-6-103;
5102 (k) Section 78A-6-112;
5103 (l) Section 78A-6-113;
5104 (m) Section 78A-6-117;
5105 (n) Section 78A-6-120;
5106 (o) Section 78A-6-121;
5107 (p) Section 78A-6-123;
5108 (q) Section 78A-6-124; and
5109 (r) Section 78A-6-1101.
5110 Section 76. Revisor instructions.
5111 The Legislature intends that the Office of Legislative Research and General Counsel, in
5112 preparing the Utah Code database for publication, replace the language "this bill" in Section
5113 62A-1-111.5 with the bill's designated chapter number in the Laws of Utah.