7 LONG TITLE
8 General Description:
9 This bill creates a restricted account and modifies the custody, commitment, and
10 jurisdiction relating to a minor in juvenile court.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ creates the Juvenile Justice Reinvestment Restricted Account;
15 ▸ describes the purposes and sources of the restricted account;
16 ▸ grants rulemaking authority to the Division of Juvenile Justice Services;
17 ▸ extends the presumptive length of jurisdiction by the court over a minor for
18 nonrepayment of restitution;
19 ▸ modifies custody and commitment of a minor to the Division of Juvenile Justice
20 Services; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 62A-7-101, as last amended by Laws of Utah 2017, Chapter 330
29 78A-6-117, as last amended by Laws of Utah 2018, Chapters 117 and 285
30 78A-6-117.5, as enacted by Laws of Utah 2017, Chapter 330
31 78A-6-119, as last amended by Laws of Utah 2017, Chapter 330
32 78A-6-604, as last amended by Laws of Utah 2017, Chapter 330
33 78A-6-1101, as last amended by Laws of Utah 2017, Chapter 330
35 62A-7-112, Utah Code Annotated 1953
36 62A-7-113, Utah Code Annotated 1953
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 62A-7-101 is amended to read:
40 62A-7-101. Definitions.
41 As used in this chapter:
42 (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
43 Section 62A-7-112.
45 Section 62A-7-501.
47 accordance with Section 62A-1-105.
49 program designated to supervise and rehabilitate youth offenders in accordance with
50 Subsection 78A-6-117(2) that prioritizes the least restrictive nonresidential setting, consistent
51 with public safety, and designated or operated by or under contract with the division.
53 manner consistent with public safety and the well being of the youth and division employees.
56 committed by an adult.
59 Chapter 7, Part 2, Detention Facilities.
62 removes a youth offender from its jurisdiction.
65 home or a surrogate home with the consent of the child's parent, guardian, or custodian for
66 conduct by a child who is alleged to have committed a delinquent act or postdispositional
67 placement pursuant to Subsection 78A-6-117(2)(f) or 78A-6-1101(3).
69 program operated or purchased by the division that is responsible only for diagnostic
70 assessment of minors, including for substance use disorder, mental health, psychological, and
71 sexual behavior risk assessments.
73 secure facility to live outside that facility under the supervision of the Division of Juvenile
74 Justice Services or other person designated by the division.
76 service providers for the provision of residential or nonresidential services that:
77 (a) provides incentives for the implementation of evidence-based juvenile justice
78 programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
79 to Section 63M-7-208; and
80 (b) provides a premium rate allocation for a minor who receives the evidence-based
81 dosage of treatment and successfully completes the program within three months.
83 by the division or under contract with the division that is responsible for juveniles taken into
84 custody by a law enforcement officer for status offenses, infractions, or delinquent acts.
86 rescinds a parole date.
88 that terminates parole supervision of a youth offender and directs return of the youth offender
89 to the custody of a secure facility after a hearing and a determination that there has been a
90 violation of law or of a condition of parole that warrants a return to a secure facility in
91 accordance with Section 62A-7-504.
93 guardian without the permission of the parent or guardian.
95 or under contract with the division, for conduct by a child who is alleged to have committed a
96 delinquent act.
98 division, that provides 24-hour supervision and confinement for youth offenders committed to
99 the division for custody and rehabilitation.
101 facilities pending court disposition or transfer to another jurisdiction.
103 nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
104 adult, or to an appropriate agency.
105 (b) "Temporary custody" does not include a placement in a secure facility, including
106 secure detention, or a residential community-based program operated or contracted by the
107 division, except pursuant to Subsection 78A-6-117(2).
109 terminates a youth offender from parole.
112 (a) results in behavior that is beyond the control or ability of the youth, or the parent or
113 guardian, to manage effectively;
114 (b) poses a threat to the safety or well-being of the youth, the family, or others; or
115 (c) results in the situations in both Subsections [
117 project established and administered by the division for youth offenders for the purpose of
118 rehabilitation, education, and restitution to victims.
120 reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
121 jurisdiction of the division, for confinement in a secure facility or supervision in the
122 community, following adjudication for a delinquent act which would constitute a felony or
123 misdemeanor if committed by an adult in accordance with Section 78A-6-117.
126 (i) for families in crisis when a minor is ungovernable or runaway; or
127 (ii) involving a minor and the minor's parent or guardian.
128 (b) These services include efforts to:
129 (i) resolve family conflict;
130 (ii) maintain or reunite minors with their families; and
131 (iii) divert minors from entering or escalating in the juvenile justice system.
132 (c) The services may provide:
133 (i) crisis intervention;
134 (ii) short-term shelter;
135 (iii) time out placement; and
136 (iv) family counseling.
137 Section 2. Section 62A-7-112 is enacted to read:
138 62A-7-112. Juvenile Justice Reinvestment Restricted Account.
139 (1) There is created in the General Fund a restricted account known as the "Juvenile
140 Justice Reinvestment Restricted Account."
141 (2) The account shall be funded by savings calculated from General Fund
142 appropriations by the Division of Finance as described in Subsection (3).
143 (3) At the end of the fiscal year, the Division of Finance shall:
144 (a) use the formula established in Subsection 67A-7-113(1) to calculate the savings
145 from General Fund appropriations; and
146 (b) lapse the calculated savings into the account.
147 (4) Upon appropriation by the Legislature, the department may expend funds from the
149 (a) for the statewide expansion of nonresidential community-based programs,
151 (i) receiving centers;
152 (ii) mobile crisis outreach teams as defined in Section 78A-6-105;
153 (iii) youth courts; and
154 (iv) victim-offender mediation;
155 (b) for nonresidential evidence-based programs and practices in cognitive, behavioral,
156 and family therapy;
157 (c) to implement:
158 (i) nonresidential diagnostic assessment; and
159 (ii) nonresidential early intervention programs, including family strengthening
160 programs, family wraparound services, and truancy interventions; or
161 (d) for infrastructure in nonresidential evidence-based juvenile justice programs,
162 including staffing and transportation.
163 Section 3. Section 62A-7-113 is enacted to read:
164 62A-7-113. Rulemaking authority and division responsibilities.
165 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
166 division shall make rules that establish a formula, in consultation with the Office of the
167 Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017
168 Laws of Utah, Chapter 330 resulting from the reduction in out-of-home placements for youth
169 offenders with the division.
170 (2) No later than December 31 of each year, the division shall provide to the Executive
171 Offices and Criminal Justice Appropriations Subcommittee a written report of the division's
172 activities under this section and Section 62A-7-112, including:
173 (a) for the report submitted in 2019, the formula used to calculate the savings from
174 General Fund appropriations under Subsection (1);
175 (b) the amount of savings from General Fund appropriations calculated by the division
176 for the previous fiscal year;
177 (c) an accounting of the money expended or committed to be expended under
178 Subsection 62A-7-112(4); and
179 (d) the balance of the account.
180 Section 4. Section 78A-6-117 is amended to read:
181 78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
182 Enumeration of possible court orders -- Considerations of court.
183 (1) (a) [
184 within Section 78A-6-103, the court shall [
186 the case and make findings of fact upon which the court bases the court's jurisdiction over the
188 (b) For a case described in Subsection 78A-6-103(1), findings of fact are not necessary.
190 violation of Title 76, Chapter 10, Part 5, Weapons, [
191 adjudication be provided to the school superintendent of the district in which the minor resides
192 or attends school. Notice shall be made to the district superintendent within three days of the
193 adjudication and shall include:
194 (i) the specific offenses for which the minor was adjudicated; and
195 (ii) if available, [
196 (A) resides in the same school district as the minor; or
197 (B) attends the same school as the minor.
199 validated risk and needs assessment. Results of the screening or assessment shall be used to
200 inform disposition decisions and case planning. Assessment results, if available, may not be
201 shared with the court before adjudication.
202 (2) Upon adjudication the court may make the following dispositions by court order:
203 (a) (i) the court may place the minor on probation or under protective supervision in
204 the minor's own home and upon conditions determined by the court, including community or
205 compensatory service;
206 (ii) a condition ordered by the court under Subsection (2)(a)(i):
207 (A) shall be individualized and address a specific risk or need;
208 (B) shall be based on information provided to the court, including the results of a
209 validated risk and needs assessment conducted under Subsection [
210 (C) if the court orders treatment, be based on a validated risk and needs assessment
211 conducted under Subsection [
212 (iii) a court may not issue a standard order that contains control-oriented conditions;
213 (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
214 minor and not the minor's family;
215 (v) if the court orders probation, the court may direct that notice of the court's order be
216 provided to designated [
217 school or transferee school, if applicable, that the minor attends. The designated [
218 individuals may receive the information for purposes of the minor's supervision and student
219 safety; and
220 (vi) an employee of the local law enforcement agency and the school that the minor
221 attends who discloses the court's order of probation is not:
222 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
223 provided in Section 63G-7-202; and
224 (B) civilly or criminally liable except when the disclosure constitutes a knowing
225 violation of Section 63G-2-801.
226 (b) The court may place the minor in the legal custody of a relative or other suitable
228 but the juvenile court may not assume the function of developing foster home services.
229 (c) [
230 Justice Services and order the Division of Juvenile Justice Services to provide dispositional
231 recommendations and services if:
233 treatment options are not appropriate; and
235 misdemeanor when the minor has five prior misdemeanors or felony adjudications arising from
236 separate criminal episodes, or a misdemeanor involving the use of a dangerous weapon as
237 defined in Section 76-1-601.
239 Justice Services for:
240 (A) contempt of court except to the extent permitted under Section 78A-6-1101;
241 (B) a violation of probation;
242 (C) failure to pay a fine, fee, restitution, or other financial obligation;
243 (D) unfinished compensatory or community service hours;
244 (E) an infraction; or
245 (F) a status offense.
247 petition the court to express the minor's desire to be removed from the jurisdiction of the
248 juvenile court and from the custody of the Division of Child and Family Services if the minor
249 is in the division's custody on grounds of abuse, neglect, or dependency.
250 (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
251 Termination of Parental Rights Act, the minor's petition shall contain a statement from the
252 minor's parent or guardian agreeing that the minor should be removed from the custody of the
253 Division of Child and Family Services.
254 (C) The minor and the minor's parent or guardian shall sign the petition.
255 (D) The court shall review the petition within 14 days.
256 (E) The court shall remove the minor from the custody of the Division of Child and
257 Family Services if the minor and the minor's parent or guardian have met the requirements
258 described in Subsections (2)[
259 from the Division of Child and Family Services, the minor's guardian ad litem, and the Office
260 of the Attorney General, that the minor does not pose an imminent threat to self or others.
261 (F) A minor removed from custody under Subsection (2)[
262 90 days of the date of removal, petition the court to re-enter custody of the Division of Child
263 and Family Services.
264 (G) Upon receiving a petition under Subsection (2)[
265 order the Division of Child and Family Services to take custody of the minor based on the
266 findings the court entered when the court originally vested custody in the Division of Child and
267 Family Services.
269 Services for secure confinement if the court finds that the minor poses a risk of harm to others
270 and is adjudicated under this section for:
273 adjudications arising from separate criminal episodes; or
277 neglect, or dependency under Subsection 78A-6-103(1)(b) may not be committed to the
278 Division of Juvenile Justice Services.
280 Services for secure confinement for:
281 (A) contempt of court;
282 (B) a violation of probation;
283 (C) failure to pay a fine, fee, restitution, or other financial obligation;
284 (D) unfinished compensatory or community service hours;
285 (E) an infraction; or
286 (F) a status offense.
288 substance use disorder, mental health, psychological, or sexual behavior risk assessment.
290 detention for a period not to exceed 30 cumulative days per adjudication subject to the court
291 retaining continuing jurisdiction over the minor. This commitment may not be suspended upon
292 conditions ordered by the court.
293 (ii) This Subsection (2)[
294 (A) an act which if committed by an adult would be a criminal offense; or
295 (B) contempt of court under Section 78A-6-1101.
296 (iii) The court may not commit a minor to a place of detention for:
297 (A) contempt of court except to the extent allowed under Section 78A-6-1101;
298 (B) a violation of probation;
299 (C) failure to pay a fine, fee, restitution, or other financial obligation;
300 (D) unfinished compensatory or community service hours;
301 (E) an infraction; or
302 (F) a status offense.
303 (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
304 cumulative days eligible as a disposition under Subsection (2)[
305 more than 30 days in a place of detention before disposition, the court may not commit a minor
306 to detention under this section.
307 (B) Notwithstanding Subsection (2)[
308 maximum of seven days while a minor is awaiting placement under Subsection (2)(c)[
309 Only the seven days under this Subsection (2)[
311 (v) Notwithstanding Subsection (2)[
312 be ordered in combination with an order under Subsection (2)(c)[
314 in the Division of Child and Family Services or any other appropriate person in accordance
315 with the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
316 Dependency Proceedings.
318 restitution for material loss caused by the minor's wrongful act or for conduct for which the
319 minor agrees to make restitution.
320 (ii) [
321 defined in Subsection 77-38a-102(14), of an offense that involves as an element a scheme, a
322 conspiracy, or a pattern of criminal activity, includes any person directly harmed by the minor's
323 delinquency conduct in the course of the scheme, conspiracy, or pattern.
324 (iii) If the victim and the minor agree to participate, the court may refer the case to a
325 restorative justice program such as victim offender mediation to address how loss resulting
326 from the adjudicated act may be addressed.
327 (iv) For the purpose of determining whether and how much restitution is appropriate,
328 the court shall consider the following:
329 (A) restitution shall only be ordered for the victim's material loss;
330 (B) restitution may not be ordered if the court finds that the minor is unable to pay or
331 acquire the means to pay; [
332 (C) any amount paid by the minor to the victim in civil penalty shall be credited against
333 restitution owed[
334 (D) the length of the presumptive term of supervision shall be taken into account in
335 determining the minor's ability to satisfy the restitution order within the presumptive term.
336 (v) Any amount paid to the victim in restitution shall be credited against liability in a
337 civil suit.
338 (vi) The court may also require a minor to reimburse an individual, entity, or
339 governmental agency who offered and paid a reward to a person or persons for providing
340 information resulting in a court adjudication that the minor is within the jurisdiction of the
341 juvenile court due to the commission of a criminal offense.
342 (vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
343 court may order the minor to make restitution for costs expended by any governmental entity
344 for the return.
345 (viii) The prosecutor shall submit a request for restitution to the court at the time of
346 disposition, if feasible, otherwise within three months after disposition.
347 (ix) A financial disposition ordered shall prioritize the payment of restitution.
349 ordered by the court, including garnishments, wage withholdings, and executions, except for an
350 order that changes the custody of the minor, including detention or other secure or nonsecure
351 residential placements.
353 development of nonresidential employment or work programs to enable [
354 fulfill [
355 considered desirable by the court.
356 (ii) Consistent with the order of the court, the probation officer may permit a minor
357 found to be within the jurisdiction of the court to participate in a program of work restitution or
358 compensatory service in lieu of paying part or all of the fine imposed by the court.
359 (iii) The court may order the minor to:
360 (A) pay a fine, fee, restitution, or other cost; or
361 (B) complete service hours.
362 (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
363 complete service hours, those dispositions shall be considered collectively to ensure that the
364 order [
365 (A) is reasonable;
366 (B) prioritizes restitution; and
367 (C) takes into account the minor's ability to satisfy the order within the presumptive
368 term of supervision.
369 (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
370 hours, the cumulative order shall be limited per criminal episode as follows:
371 (A) for children under age 16 at adjudication, the court may impose up to $180 or up to
372 24 hours of service; and
373 (B) for minors 16 and older at adjudication, the court may impose up to $270 or up to
374 36 hours of service.
375 (vi) The cumulative order under Subsection (2)[
376 (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
377 conversion shall be no less than the minimum wage.
379 finds that as part of the commission of the violation the minor was in actual physical control of
380 a motor vehicle, the court may, in addition to any other disposition authorized by this section:
381 (A) restrain the minor from driving for periods of time the court considers necessary;
383 (B) take possession of the minor's driver license.
384 (ii) The court may enter any other eligible disposition under Subsection (2)[
385 except for a disposition under Subsection (2)(c), (d), (e), or (f). However, the suspension of
386 driving privileges for an offense under Section 78A-6-606 is governed only by Section
389 service hours in accordance with Subsections (2)[
390 (ii) When community service is ordered, the presumptive service order shall include
391 between five and 10 hours of service.
392 (iii) Satisfactory completion of an approved substance use disorder prevention or
393 treatment program or other court-ordered condition may be credited by the court as
394 compensatory service hours.
395 (iv) When a minor is found within the jurisdiction of the juvenile court under Section
396 78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti, the court may
397 order the minor to clean up graffiti created by the minor or any other [
398 time and place within the jurisdiction of the court. Compensatory service ordered under this
399 section may be performed in the presence and under the direct supervision of the minor's parent
400 or legal guardian. The parent or legal guardian shall report completion of the order to the
401 court. The court may also require the minor to perform other alternative forms of restitution or
402 repair to the damaged property pursuant to Subsection (2)[
404 (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
405 (B) receive other special care.
406 (ii) For purposes of receiving the examination, treatment, or care described in
407 Subsection (2)[
408 that is not a secure facility or secure detention.
409 (iii) In determining whether to order the examination, treatment, or care described in
410 Subsection (2)[
411 (A) the desires of the minor;
412 (B) if the minor is under the age of 18, the desires of the parents or guardian of the
413 minor; and
414 (C) whether the potential benefits of the examination, treatment, or care outweigh the
415 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
416 function impairment, or emotional or physical harm resulting from the compulsory nature of
417 the examination, treatment, or care.
418 (iv) The Division of Child and Family Services shall take reasonable measures to
419 notify a parent or guardian of any non-emergency health treatment or care scheduled for a
420 child, shall include the parent or guardian as fully as possible in making health care decisions
421 for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
422 regarding the child's health care to the extent that the child's health and well being are not
423 unreasonably compromised by the parent's or guardian's decision.
424 (v) The Division of Child and Family Services shall notify the parent or guardian of a
425 child within five business days after a child in the custody of the Division of Child and Family
426 Services receives emergency health care or treatment.
427 (vi) The Division of Child and Family Services shall use the least restrictive means to
428 accomplish a compelling interest in the care and treatment of a child described in this
429 Subsection (2)[
431 the interest of the minor, and may appoint as guardian a public or private institution or agency,
432 but not a nonsecure residential placement provider, in which legal custody of the minor is
434 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
435 private agency or institution, the court shall give primary consideration to the welfare of the
436 minor. When practicable, the court may take into consideration the religious preferences of the
437 minor and of a child's parents.
439 reasonable conditions to be complied with by a minor's parents or guardian, a minor's
440 custodian, or any other person who has been made a party to the proceedings. Conditions may
442 (A) parent-time by the parents or one parent;
443 (B) restrictions on the minor's associates;
444 (C) restrictions on the minor's occupation and other activities; and
445 (D) requirements to be observed by the parents or custodian.
446 (ii) A minor whose parents or guardians successfully complete a family or other
447 counseling program may be credited by the court for detention, confinement, or probation time.
449 local mental health authority, in accordance with the procedures and requirements of Title 62A,
450 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
451 Mental Health.
453 jurisdiction to the Utah State Developmental Center if the minor has an intellectual disability in
454 accordance with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for
455 People with an Intellectual Disability.
456 (ii) The court shall follow the procedure applicable in the district courts with respect to
457 judicial commitments to the Utah State Developmental Center when ordering a commitment
458 under Subsection (2)[
460 Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
462 and as required for the protection of the public, except that a child may not be committed to
463 jail, prison, secure detention, or the custody of the Division of Juvenile Justice Services under
464 Subsections (2)(c), (d), (e), and [
466 and they are compatible.
468 to the rights of parents concerning their child. The court may transfer custody of a minor to
469 another [
470 procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
472 probation or placement of a minor with an individual or an agency shall include a date certain
473 for a review and presumptive termination of the case by the court in accordance with
474 Subsection (6) and Section 62A-7-404. A new date shall be set upon each review.
476 making adoptable children available for adoption without delay.
478 guardianship with an individual or relative of a child where the court has previously acquired
479 jurisdiction as a result of an adjudication of abuse, neglect, or dependency. The juvenile court
480 may enter an order for child support on behalf of the child against the natural or adoptive
481 parents of the child.
482 (ii) Orders under Subsection (2)[
483 (A) shall remain in effect until the child reaches majority;
484 (B) are not subject to review under Section 78A-6-118; and
485 (C) may be modified by petition or motion as provided in Section 78A-6-1103.
486 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
487 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
488 of the juvenile court.
489 (3) In addition to the dispositions described in Subsection (2), when a minor comes
490 within the court's jurisdiction, the minor may be given a choice by the court to serve in the
491 National Guard in lieu of other sanctions, provided:
492 (a) the minor meets the current entrance qualifications for service in the National
493 Guard as determined by a recruiter, whose determination is final;
494 (b) the minor is not under the jurisdiction of the court for any act that:
495 (i) would be a felony if committed by an adult;
496 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
497 (iii) was committed with a weapon; and
498 (c) the court retains jurisdiction over the minor under conditions set by the court and
499 agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
500 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
501 of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
502 designated employees of the court or, if the minor is in the legal custody of the Division of
503 Juvenile Justice Services, then by designated employees of the division under Subsection
505 (b) The responsible agency shall ensure that [
506 collect the saliva DNA specimens [
507 specimens are obtained in accordance with accepted protocol.
508 (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
509 Specimen Restricted Account created in Section 53-10-407.
510 (d) Payment of the reimbursement is second in priority to payments the minor is
511 ordered to make for restitution under this section and treatment under Section 78A-6-321.
512 (5) (a) A disposition made by the court pursuant to this section may not be suspended,
513 except for the following:
514 (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
515 under Subsection (2)(c), (d), (e), or [
516 Subsection (2)(c), (d), (e), or [
517 the minor commit no new misdemeanor or felony offense during the three months following
518 the day of disposition.
519 (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
520 exceed three months post-disposition and may not be extended under any circumstance.
521 (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i):
522 (A) following adjudication of a new misdemeanor or felony offense committed by the
523 minor during the period of suspension set out under Subsection (5)(a)(ii); [
524 (B) if a new assessment or evaluation has been completed and recommends that a
525 higher level of care is needed and nonresidential treatment options have been exhausted or
526 nonresidential treatment options are not appropriate[
527 (C) if, after a notice and a hearing, the court finds a new or previous evaluation
528 recommends a higher level of treatment, and the minor willfully failed to comply with a lower
529 level of treatment and has been unsuccessfully discharged from treatment.
530 (iv) A suspended custody order may not be imposed without notice to the minor, notice
531 to counsel, and a hearing.
532 (b) The court pursuant to Subsection (5)(a) shall terminate jurisdiction over the minor
533 at the end of the presumptive time frame unless at least one the following circumstances exists:
534 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
535 program determined to be necessary by the results of a validated risk and needs assessment
536 with completion found by the court after considering the recommendation of a licensed service
537 provider on the basis of the minor completing the goals of the necessary treatment program;
538 (ii) the minor commits a new misdemeanor or felony offense;
539 (iii) service hours have not been completed; or
540 (iv) there is an outstanding fine.
541 (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
542 custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c) or (d),
543 the court shall do so for a defined period of time pursuant to this section.
544 (a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
545 shall establish a presumptive term of probation as specified in this Subsection (6):
546 (i) the presumptive maximum length of intake probation may not exceed three months;
548 (ii) the presumptive maximum length of formal probation may not exceed four to six
550 (b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
551 Justice Services under Subsection (2)(c) or (d), the court shall establish a maximum term of
552 custody and a maximum term of aftercare as specified in this Subsection (6):
553 (i) the presumptive maximum length of out-of-home placement may not exceed three
554 to six months; and
555 (ii) the presumptive maximum length of aftercare supervision, for those previously
556 placed out-of-home, may not exceed three to four months, and minors may serve the term of
557 aftercare in the home of a qualifying relative or guardian or at an independent living program
558 contracted or operated by the Division of Juvenile Justice Services.
559 (c) The court pursuant to Subsections (6)(a) and (b), and the Youth Parole Authority
560 pursuant to Subsection (6)(b), shall terminate jurisdiction over the minor at the end of the
561 presumptive time frame unless at least one of the following circumstances exists:
562 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
563 court ordered program determined to be necessary by the results of a validated assessment, with
564 completion found by the court after considering the recommendations of a licensed service
565 provider or facilitator of court ordered treatment or intervention program on the basis of the
566 minor completing the goals of the necessary treatment program;
567 (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
568 completion of a program determined to be necessary by the results of a validated assessment,
569 with completion determined on the basis of whether the minor has regularly and consistently
570 attended the treatment program and completed the goals of the necessary treatment program as
571 determined by the court or Youth Parole Authority after considering the recommendation of a
572 licensed service provider or facilitator of court ordered treatment or intervention program ;
573 (iii) the minor commits a new misdemeanor or felony offense;
574 (iv) service hours have not been completed; [
575 (v) there is an outstanding fine[
576 (vi) there is a failure to pay restitution in full.
577 (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection
579 address the specific circumstance.
580 (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection
582 Parole Authority may extend jurisdiction for the time needed to address the specific
584 (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
585 Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
586 time for up to three months.
587 (f) Grounds for extension of the presumptive length of supervision or placement and
588 the length of any extension shall be recorded in the court record or records of the Youth Parole
589 Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
590 the Administrative Office of the Courts and the Division of Juvenile Justice Services.
591 (g) (i) For a minor who is under the supervision of the juvenile court and whose
592 supervision is extended [
593 jurisdiction may only be continued under the supervision of intake probation.
594 (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
595 supervision is extended [
596 jurisdiction may only be continued on parole and not in secure confinement.
597 (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
598 period shall toll until the minor returns.
599 (7) Subsection (6) does not apply to any minor adjudicated under this section for:
600 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
601 (b) Section 76-5-202, attempted aggravated murder;
602 (c) Section 76-5-203, murder or attempted murder;
603 (d) Section 76-5-302, aggravated kidnapping;
604 (e) Section 76-5-405, aggravated sexual assault;
605 (f) a felony violation of Section 76-6-103, aggravated arson;
606 (g) Section 76-6-203, aggravated burglary;
607 (h) Section 76-6-302, aggravated robbery;
608 (i) Section 76-10-508.1, felony discharge of a firearm; or
609 (j) an offense other than those listed in Subsections (7)(a) through (i) involving the use
610 of a dangerous weapon, as defined in Section 76-1-601, that is a felony, and the minor has been
611 previously adjudicated or convicted of an offense involving the use of a dangerous weapon.
612 Section 5. Section 78A-6-117.5 is amended to read:
613 78A-6-117.5. Custody in Division of Child and Family Services or in the Division
614 of Juvenile Justice Services.
615 (1) Notwithstanding [
616 not vest custody in the Division of Child and Family Services except pursuant to Title 78A,
617 Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
618 (2) If the court finds that a child is at risk of being removed from the home or that the
619 family is in crisis, the court may order the Division of Child and Family Services to conduct an
620 assessment to determine if provision of in-home family preservation services is appropriate. If
621 considered appropriate by the Division of Child and Family Services, services shall be
622 provided pursuant to Section 62A-4a-202.
623 (3) Notwithstanding Section 78A-6-117, a court may not place a minor on a ranch,
624 forestry camp, or other residential work program for care or work.
625 (4) Notwithstanding Section 78A-6-117, a court may not commit a minor to the
626 temporary custody of the Division of Juvenile Justice Services for residential observation and
627 evaluation or residential observation and assessment.
628 Section 6. Section 78A-6-119 is amended to read:
629 78A-6-119. Modification of order or decree -- Requirements for changing or
630 terminating custody, probation, or protective supervision.
631 (1) The court may modify or set aside any order or decree made by the court, except on
632 and after July 1, 2018, the order or decree must be in accordance with Sections 78A-6-117 and
633 78A-6-123, however a modification of an order placing a minor on probation may not include
634 on and after July 1, 2018, an order:
635 (a) under Subsection 78A-6-117(2)(c), (d), (e), (f), or [
636 (b) extending supervision, except pursuant to Subsection 78A-6-117(7).
637 (2) Notice of the hearing shall be required in any case in which the effect of modifying
638 or setting aside an order or decree may be to make any change in the minor's legal custody
639 under Section 78A-6-1103 and pursuant to Section 78A-6-117.
640 (3) (a) Notice of an order terminating probation or protective supervision of a child
641 shall be given to the child's:
642 (i) parents;
643 (ii) guardian;
644 (iii) custodian; and
645 (iv) where appropriate, to the child.
646 (b) Notice of an order terminating probation or protective supervision of a minor who
647 is at least 18 years of age shall be given to the minor.
648 Section 7. Section 78A-6-604 is amended to read:
649 78A-6-604. Minor held in detention -- Credit for good behavior.
650 (1) A minor held in detention under Subsection 78A-6-117(2)[
651 receive credit for good behavior against the period of detention. The rate of credit is one day
652 for every three days served. The Division of Juvenile Justice Services shall, in accordance with
653 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish rules describing good
654 behavior for which credit may be earned.
655 (2) Any disposition including detention under Subsection 78A-6-117(2)[
656 concurrent with any other order of detention.
657 Section 8. Section 78A-6-1101 is amended to read:
658 78A-6-1101. Violation of order of court -- Contempt -- Penalty -- Enforcement of
659 fine, fee, or restitution.
660 (1) A person who willfully violates or refuses to obey any order of the court may be
661 proceeded against for contempt of court.
662 (2) A person 18 years of age or older found in contempt of court may be punished in
663 accordance with Section 78B-6-310.
664 (3) (a) A person younger than 18 years of age found in contempt of court may be
665 punished by disposition permitted under Section 78A-6-117, except the court may only order a
666 disposition that changes the custody of the minor, including community placement or
667 commitment to a secure facility, if the disposition is commitment to a secure detention
668 pursuant to Subsection 78A-6-117(2)[
669 and legal holidays.
670 (b) A court may not suspend all or part of the punishment upon compliance with
671 conditions imposed by the court.
672 (4) In accordance with Section 78A-6-117, the court may enforce orders of fines, fees,
673 or restitution through garnishments, wage withholdings, supplementary proceedings, or
674 executions. An order described in this Subsection (4) may not be enforced through an order of
675 detention, community placement, or commitment to a secure facility.