This document includes House Committee Amendments incorporated into the bill on Wed, Feb 19, 2020 at 2:20 PM by pflowers.
Representative Craig Hall proposes the following substitute bill:


1     
JUVENILE DELINQUENCY AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to juvenile delinquency.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the definition of a youth offender in the custody of the Division of Juvenile
13     Justice Services;
14          ▸     adds a definition for a referral to a juvenile court for a nonjudicial adjustment;
15          ▸     clarifies and amends the referral, citation, and petition process for the juvenile
16     court;
17          ▸     prohibits the prosecution of an individual for offenses that occurred before the
18     individual was 12 years old with exceptions;
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:

26          17-18a-404, as last amended by Laws of Utah 2017, Chapter 330
27          76-10-105 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter 415
28          76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
29          78A-6-105, as last amended by Laws of Utah 2019, Chapters 335 and 388
30          78A-6-113, as last amended by Laws of Utah 2018, Chapter 285
31          78A-6-116, as last amended by Laws of Utah 2010, Chapter 38
32          78A-6-210, as last amended by Laws of Utah 2018, Chapter 117
33          78A-6-601, as last amended by Laws of Utah 2010, Chapter 38
34          78A-6-602, as last amended by Laws of Utah 2018, Chapters 117 and 415
35          78A-6-603, as last amended by Laws of Utah 2018, Chapters 117 and 415
36          78A-6-703, as last amended by Laws of Utah 2019, Chapter 326
37          78A-7-106, as last amended by Laws of Utah 2019, Chapter 136
38     ENACTS:
39          78A-6-602.5, Utah Code Annotated 1953
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 17-18a-404 is amended to read:
43          17-18a-404. Juvenile proceedings.
44          For a proceeding involving a charge of juvenile delinquency, infraction, or a status
45     offense, a prosecutor shall:
46          (1) review cases [pursuant to Section] in accordance with Sections 78A-6-602,
47     78A-6-602.5, and 78A-6-603; and
48          (2) appear and prosecute for the state in the juvenile court of the county.
49          Section 2. Section 76-10-105 (Superseded 07/01/20) is amended to read:
50          76-10-105 (Superseded 07/01/20). Buying or possessing a cigar, cigarette,
51     electronic cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
52          (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
53     possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
54     misdemeanor and subject to:
55          (a) a minimum fine or penalty of $60; and
56          (b) participation in a court-approved tobacco education program, which may include a

57     participation fee.
58          (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
59     person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
60     to [the jurisdiction of the juvenile court and subject to Section 78A-6-602] a citation under
61     Section 78A-6-603, unless the violation is committed on school property. If a violation under
62     this section is adjudicated under Section 78A-6-117, the minor may be subject to the following:
63          (a) a fine or penalty, in accordance with Section 78A-6-117; and
64          (b) participation in a court-approved tobacco education program, which may include a
65     participation fee.
66          (3) A compliance officer appointed by a board of education under Section 53G-4-402
67     may not issue a citation for a violation of this section committed on school property. A cited
68     violation committed on school property shall be addressed in accordance with Section
69     53G-8-211.
70          Section 3. Section 76-10-105 (Effective 07/01/20) is amended to read:
71          76-10-105 (Effective 07/01/20). Buying or possessing a cigar, cigarette, electronic
72     cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
73          (1) (a) An individual who is 18 years old or older, but younger than the age specified in
74     Subsection (1)(b), and buys or attempts to buy, accepts, or has in the individual's possession
75     any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of an infraction and
76     subject to:
77          (i) a minimum fine or penalty of $60; and
78          (ii) participation in a court-approved tobacco education or cessation program, which
79     may include a participation fee.
80          (b) For purposes of Subsection (1)(a), the individual is younger than:
81          (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
82          (ii) beginning July 1, 2021, 21 years old.
83          (2) An individual under [the age of] 18 years old who buys or attempts to buy, accepts,
84     or has in the individual's possession any cigar, cigarette, electronic cigarette, or tobacco in any
85     form is subject to [the jurisdiction of the juvenile court and subject to Section 78A-6-602] a
86     citation under Section 78A-6-603, unless the violation is committed on school property. If a
87     violation under this section is adjudicated under Section 78A-6-117, the minor may be subject

88     to the following:
89          (a) a fine or penalty, in accordance with Section 78A-6-117; and
90          (b) participation in a court-approved tobacco education program, which may include a
91     participation fee.
92          (3) A compliance officer appointed by a board of education under Section 53G-4-402
93     may not issue a citation for a violation of this section committed on school property. A cited
94     violation committed on school property shall be addressed in accordance with Section
95     53G-8-211.
96          (4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
97     electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is 18 years old or
98     older and is:
99          (i) on active duty in the United States Armed Forces; or
100          (ii) a spouse or dependent of an individual who is on active duty in the United States
101     Armed Forces.
102          (b) A valid, government-issued military identification card is required to verify proof
103     of age under Subsection (4)(a).
104          Section 4. Section 78A-6-105 is amended to read:
105          78A-6-105. Definitions.
106          As used in this chapter:
107          (1) (a) "Abuse" means:
108          (i) (A) nonaccidental harm of a child;
109          (B) threatened harm of a child;
110          (C) sexual exploitation;
111          (D) sexual abuse; or
112          (E) human trafficking of a child in violation of Section 76-5-308.5; or
113          (ii) that a child's natural parent:
114          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
115     child;
116          (B) is identified by a law enforcement agency as the primary suspect in an investigation
117     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
118          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or

119     recklessly causing the death of another parent of the child.
120          (b) "Abuse" does not include:
121          (i) reasonable discipline or management of a child, including withholding privileges;
122          (ii) conduct described in Section 76-2-401; or
123          (iii) the use of reasonable and necessary physical restraint or force on a child:
124          (A) in self-defense;
125          (B) in defense of others;
126          (C) to protect the child; or
127          (D) to remove a weapon in the possession of a child for any of the reasons described in
128     Subsections (1)(b)(iii)(A) through (C).
129          (2) "Abused child" means a child who has been subjected to abuse.
130          (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
131     facts alleged in the petition have been proved. [A]
132          (b) "Adjudication" does not mean a finding of not competent to proceed [pursuant to]
133     in accordance with Section 78A-6-1302 [is not an adjudication].
134          (4) (a) "Adult" means an individual [18 years of age or over, except that an individual
135     18 years or over under] who is 18 years old or older.
136          (b) "Adult" does not include an individual who is 18 years old or older and under the
137     continuing jurisdiction of the juvenile court [pursuant to] in accordance with Section
138     78A-6-120 [shall be referred to as a minor].
139          (5) "Board" means the Board of Juvenile Court Judges.
140          (6) "Child" means an individual under 18 years [of age] old.
141          (7) "Child placement agency" means:
142          (a) a private agency licensed to receive a child for placement or adoption under this
143     code; or
144          (b) a private agency that receives a child for placement or adoption in another state,
145     which agency is licensed or approved where such license or approval is required by law.
146          (8) "Clandestine laboratory operation" means the same as that term is defined in
147     Section 58-37d-3.
148          (9) "Commit" means, unless specified otherwise:
149          (a) with respect to a child, to transfer legal custody; and

150          (b) with respect to a minor who is at least 18 years [of age] old, to transfer custody.
151          (10) "Court" means the juvenile court.
152          (11) "Criminogenic risk factors" means evidence-based factors that are associated with
153     a minor's likelihood of reoffending.
154          (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
155     committed by an adult.
156          (13) "Department" means the Department of Human Services created in Section
157     62A-1-102.
158          (14) "Dependent child" includes a child who is homeless or without proper care
159     through no fault of the child's parent, guardian, or custodian.
160          (15) "Deprivation of custody" means transfer of legal custody by the court from a
161     parent or the parents or a previous legal custodian to another person, agency, or institution.
162          (16) "Detention" means home detention and secure detention as defined in Section
163     62A-7-101 for the temporary care of a minor who requires secure custody in a physically
164     restricting facility:
165          (a) pending court disposition or transfer to another jurisdiction; or
166          (b) while under the continuing jurisdiction of the court.
167          (17) "Detention risk assessment tool" means an evidence-based tool established under
168     Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
169     court or reoffending pre-adjudication and designed to assist in making detention
170     determinations.
171          (18) "Developmental immaturity" means incomplete development in one or more
172     domains which manifests as a functional limitation in the minor's present ability to consult with
173     counsel with a reasonable degree of rational understanding and have a rational as well as
174     factual understanding of the proceedings.
175          (19) "Division" means the Division of Child and Family Services.
176          (20) "Educational neglect" means that, after receiving a notice of compulsory education
177     violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
178     ensure that the child receives an appropriate education.
179          (21) "Evidence-based" means a program or practice that has had multiple randomized
180     control studies or a meta-analysis demonstrating that the program or practice is effective for a

181     specific population or has been rated as effective by a standardized program evaluation tool.
182          (22) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
183          (23) "Formal probation" means a minor is under field supervision by the probation
184     department or other agency designated by the court and subject to return to the court in
185     accordance with Section 78A-6-123 on and after July 1, 2018.
186          (24) "Formal referral" means a written report from a peace officer or other person
187     informing the court that a minor is or appears to be within the court's jurisdiction and that [a]
188     the minor's case must be reviewed by the court's probation department or a prosecuting
189     attorney.
190          (25) "Group rehabilitation therapy" means psychological and social counseling of one
191     or more individuals in the group, depending upon the recommendation of the therapist.
192          (26) "Guardianship of the person" includes the authority to consent to:
193          (a) marriage;
194          (b) enlistment in the armed forces;
195          (c) major medical, surgical, or psychiatric treatment; or
196          (d) legal custody, if legal custody is not vested in another individual, agency, or
197     institution.
198          (27) "Habitual truant" means the same as that term is defined in Section 53G-6-201.
199          (28) "Harm" means:
200          (a) physical or developmental injury or damage;
201          (b) emotional damage that results in a serious impairment in the child's growth,
202     development, behavior, or psychological functioning;
203          (c) sexual abuse; or
204          (d) sexual exploitation.
205          (29) (a) "Incest" means engaging in sexual intercourse with an individual whom the
206     perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
207     nephew, niece, or first cousin.
208          (b) The relationships described in Subsection (29)(a) include:
209          (i) blood relationships of the whole or half blood, without regard to legitimacy;
210          (ii) relationships of parent and child by adoption; and
211          (iii) relationships of stepparent and stepchild while the marriage creating the

212     relationship of a stepparent and stepchild exists.
213          (30) "Intake probation" means a period of court monitoring that does not include field
214     supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
215     return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.
216          (31) "Intellectual disability" means a significant subaverage general intellectual
217     functioning existing concurrently with deficits in adaptive behavior that constitutes a
218     substantial limitation to the individual's ability to function in society.
219          (32) "Legal custody" means a relationship embodying the following rights and duties:
220          (a) the right to physical custody of the minor;
221          (b) the right and duty to protect, train, and discipline the minor;
222          (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
223     medical care;
224          (d) the right to determine where and with whom the minor shall live; and
225          (e) the right, in an emergency, to authorize surgery or other extraordinary care.
226          (33) "Material loss" means an uninsured:
227          (a) property loss;
228          (b) out-of-pocket monetary loss;
229          (c) lost wages; or
230          (d) medical [expenses] expense.
231          (34) "Mental illness" means:
232          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
233     behavioral, or related functioning; or
234          (b) the same as that term is defined in:
235          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
236     published by the American Psychiatric Association; or
237          (ii) the current edition of the International Statistical Classification of Diseases and
238     Related Health Problems.
239          (35) "Minor" means:
240          (a) a child; or
241          (b) an individual who is:
242          (i) at least 18 years [of age] old and younger than 21 years [of age] old; and

243          (ii) under the jurisdiction of the juvenile court.
244          (36) "Mobile crisis outreach team" means a crisis intervention service for minors or
245     families of minors experiencing behavioral health or psychiatric emergencies.
246          (37) "Molestation" means that an individual, with the intent to arouse or gratify the
247     sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
248     or the breast of a female child, or takes indecent liberties with a child as defined in Section
249     76-5-416.
250          (38) (a) "Natural parent" means a minor's biological or adoptive parent[, and].
251          (b) "Natural parent" includes the minor's noncustodial parent.
252          (39) (a) "Neglect" means action or inaction causing:
253          (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
254     Relinquishment of a Newborn Child;
255          (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
256     guardian, or custodian;
257          (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
258     subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
259     well-being;
260          (iv) a child to be at risk of being neglected or abused because another child in the same
261     home is neglected or abused;
262          (v) abandonment of a child through an unregulated custody transfer; or
263          (vi) educational neglect.
264          (b) "Neglect" does not include:
265          (i) a parent or guardian legitimately practicing religious beliefs and who, for that
266     reason, does not provide specified medical treatment for a child;
267          (ii) a health care decision made for a child by the child's parent or guardian, unless the
268     state or other party to a proceeding shows, by clear and convincing evidence, that the health
269     care decision is not reasonable and informed;
270          (iii) a parent or guardian exercising the right described in Section 78A-6-301.5; or
271          (iv) permitting a child, whose basic needs are met and who is of sufficient age and
272     maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
273     including:

274          (A) traveling to and from school, including by walking, running, or bicycling;
275          (B) traveling to and from nearby commercial or recreational facilities;
276          (C) engaging in outdoor play;
277          (D) remaining in a vehicle unattended, except under the conditions described in
278     Subsection 76-10-2202(2);
279          (E) remaining at home unattended; or
280          (F) engaging in a similar independent activity.
281          (40) "Neglected child" means a child who has been subjected to neglect.
282          (41) "Nonjudicial adjustment" means closure of the case by the assigned probation
283     officer without judicial determination upon the consent in writing of:
284          (a) the assigned probation officer; and
285          (b) (i) the minor; or
286          (ii) the minor and the minor's parent, legal guardian, or custodian.
287          (42) "Not competent to proceed" means that a minor, due to a mental illness,
288     intellectual disability or related condition, or developmental immaturity, lacks the ability to:
289          (a) understand the nature of the proceedings against [them] the minor or of the
290     potential disposition for the offense charged; or
291          (b) consult with counsel and participate in the proceedings against [them] the minor
292     with a reasonable degree of rational understanding.
293          (43) "Physical abuse" means abuse that results in physical injury or damage to a child.
294          (44) "Probation" means a legal status created by court order following an adjudication
295     on the ground of a violation of law or under Section 78A-6-103, whereby the minor is
296     permitted to remain in the minor's home under prescribed conditions.
297          (45) "Prosecuting attorney" means:
298          (a) the attorney general and any assistant attorney general;
299          (b) any district attorney or deputy district attorney;
300          (c) any county attorney or assistant county attorney; and
301          (d) any other attorney authorized to commence an action on behalf of the state.
302          [(45)] (46) "Protective supervision" means a legal status created by court order
303     following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
304     is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,

305     neglect, or dependency is provided by the probation department or other agency designated by
306     the court.
307          [(46)] (47) (a) "Related condition" means a condition that:
308          (i) is found to be closely related to intellectual disability;
309          (ii) results in impairment of general intellectual functioning or adaptive behavior
310     similar to that of an intellectually disabled individual;
311          (iii) is likely to continue indefinitely; and
312          (iv) constitutes a substantial limitation to the individual's ability to function in society.
313          (b) "Related condition" does not include mental illness, psychiatric impairment, or
314     serious emotional or behavioral disturbance.
315          [(47)] (48) (a) "Residual parental rights and duties" means those rights and duties
316     remaining with the parent after legal custody or guardianship, or both, have been vested in
317     another person or agency, including:
318          (i) the responsibility for support;
319          (ii) the right to consent to adoption;
320          (iii) the right to determine the child's religious affiliation; and
321          (iv) the right to reasonable parent-time unless restricted by the court.
322          (b) If no guardian has been appointed, "residual parental rights and duties" [also
323     include] includes the right to consent to:
324          (i) marriage;
325          (ii) enlistment; and
326          (iii) major medical, surgical, or psychiatric treatment.
327          [(48)] (49) "Secure facility" means any facility operated by or under contract with the
328     Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
329     youth offenders committed to the division for custody and rehabilitation pursuant to Subsection
330     78A-6-117(2)(d).
331          [(49)] (50) "Severe abuse" means abuse that causes or threatens to cause serious harm
332     to a child.
333          [(50)] (51) "Severe neglect" means neglect that causes or threatens to cause serious
334     harm to a child.
335          [(51)] (52) "Sexual abuse" means:

336          (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
337     adult directed towards a child;
338          (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
339     committed by a child towards another child if:
340          (i) there is an indication of force or coercion;
341          (ii) the children are related, as described in Subsection (29), including siblings by
342     marriage while the marriage exists or by adoption;
343          (iii) there have been repeated incidents of sexual contact between the two children,
344     unless the children are 14 years of age or older; or
345          (iv) there is a disparity in chronological age of four or more years between the two
346     children;
347          (c) engaging in any conduct with a child that would constitute an offense under any of
348     the following, regardless of whether the individual who engages in the conduct is actually
349     charged with, or convicted of, the offense:
350          (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
351     alleged perpetrator of an offense described in Section 76-5-401 is a minor;
352          (ii) child bigamy, Section 76-7-101.5;
353          (iii) incest, Section 76-7-102;
354          (iv) lewdness, Section 76-9-702;
355          (v) sexual battery, Section 76-9-702.1;
356          (vi) lewdness involving a child, Section 76-9-702.5; or
357          (vii) voyeurism, Section 76-9-702.7; or
358          (d) subjecting a child to participate in or threatening to subject a child to participate in
359     a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
360     marriage.
361          [(52)] (53) "Sexual exploitation" means knowingly:
362          (a) employing, using, persuading, inducing, enticing, or coercing any child to:
363          (i) pose in the nude for the purpose of sexual arousal of any individual; or
364          (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
365     filming, recording, or displaying in any way the sexual or simulated sexual conduct;
366          (b) displaying, distributing, possessing for the purpose of distribution, or selling

367     material depicting a child:
368          (i) in the nude, for the purpose of sexual arousal of any individual; or
369          (ii) engaging in sexual or simulated sexual conduct; or
370          (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
371     sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
372     is actually charged with, or convicted of, the offense.
373          [(53)] (54) "Shelter" means the temporary care of a child in a physically unrestricted
374     facility pending court disposition or transfer to another jurisdiction.
375          (55) "Same or single criminal episode" means the same as that term is defined in
376     Section 76-1-401.
377          [(54)] (56) "Status offense" means a violation of the law that would not be a violation
378     but for the age of the offender.
379          [(55)] (57) "Substance abuse" means the misuse or excessive use of alcohol or other
380     drugs or substances.
381          [(56)] (58) "Substantiated" means the same as that term is defined in Section
382     62A-4a-101.
383          [(57)] (59) "Supported" means the same as that term is defined in Section 62A-4a-101.
384          [(58)] (60) "Termination of parental rights" means the permanent elimination of all
385     parental rights and duties, including residual parental rights and duties, by court order.
386          [(59)] (61) "Therapist" means:
387          (a) an individual employed by a state division or agency for the purpose of conducting
388     psychological treatment and counseling of a minor in its custody; or
389          (b) any other individual licensed or approved by the state for the purpose of conducting
390     psychological treatment and counseling.
391          [(60)] (62) "Threatened harm" means actions, inactions, or credible verbal threats,
392     indicating that the child is at an unreasonable risk of harm or neglect.
393          [(61)] (63) "Unregulated custody transfer" means the placement of a child:
394          (a) with an individual who is not the child's parent, step-parent, grandparent, adult
395     sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
396     whom the child is familiar, or a member of the child's federally recognized tribe;
397          (b) with the intent of severing the child's existing parent-child or guardian-child

398     relationship; and
399          (c) without taking:
400          (i) reasonable steps to ensure the safety of the child and permanency of the placement;
401     and
402          (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
403     guardianship to the individual taking custody of the child.
404          [(62)] (64) "Unsupported" means the same as that term is defined in Section
405     62A-4a-101.
406          [(63)] (65) "Unsubstantiated" means the same as that term is defined in Section
407     62A-4a-101.
408          [(64)] (66) "Validated risk and needs assessment" means an evidence-based tool that
409     assesses a minor's risk of reoffending and a minor's criminogenic needs.
410          [(65)] (67) "Without merit" means the same as that term is defined in Section
411     62A-4a-101.
412          Section 5. Section 78A-6-113 is amended to read:
413          78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
414     Detention hearings -- Period of detention -- Notice -- Confinement for criminal
415     proceedings -- Bail laws inapplicable -- Exception.
416          (1) (a) A minor may not be placed or kept in a secure detention facility pending court
417     proceedings except in accordance with Section 78A-6-112.
418          (b) A child may not be placed or kept in a shelter facility pending court proceedings
419     unless it is unsafe to leave the child with the child's parents, guardian, or custodian.
420          (c) (i) A court may temporarily place in a detention facility, as provided in Subsection
421     (4), a child who is taken into custody based upon a warrant issued under Subsection
422     78A-6-106(6), if the court finds that detention is the least restrictive placement available to
423     ensure the immediate safety of the child.
424          (ii) A child placed in detention under Subsection (1)(c)(i) may not be held in detention
425     longer than is necessary for the division to identify a less restrictive, available, and appropriate
426     placement for the child.
427          (2) (a) After admission of a child to a detention facility pursuant to Section 78A-6-112
428     and immediate investigation by an authorized officer of the court, the judge or the officer shall

429     order the release of the child to the child's parents, guardian, or custodian if [it is found] the
430     judge or officer finds that the child can be safely returned to their care, either upon written
431     promise to bring the child to the court at a time set or without restriction.
432          [(a)] (b) If a child's parent, guardian, or custodian fails to retrieve the child from a
433     facility within 24 hours after notification of release, the parent, guardian, or custodian is
434     responsible for the cost of care for the time the child remains in the facility.
435          [(b)] (c) The facility shall determine the cost of care.
436          [(c)] (d) Any money collected under this Subsection (2) shall be retained by the
437     Division of Juvenile Justice Services to recover the cost of care for the time the child remains
438     in the facility.
439          (3) (a) When a child is detained in a detention or shelter facility, the parents or
440     guardian shall be informed by the person in charge of the facility that the parent's or guardian's
441     child has the right to a prompt hearing in court to determine whether the child is to be further
442     detained or released.
443          (b) When a minor is detained in a detention facility, the minor shall be informed by the
444     person in charge of the facility that the minor has the right to a prompt hearing in court to
445     determine whether the minor is to be further detained or released.
446          (c) Detention hearings shall be held by the judge or by a commissioner.
447          (d) The court may, at any time, order the release of the minor, whether a detention
448     hearing is held or not.
449          (e) If a child is released, and the child remains in the facility, because the parents,
450     guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
451     responsible for the cost of care as provided in Subsections [(2)(a), (b), and (c)] (2)(b), (c), and
452     (d).
453          (4) (a) A minor may not be held in a detention facility longer than 48 hours before a
454     detention hearing, excluding weekends and holidays, unless the court has entered an order for
455     continued detention.
456          (b) A child may not be held in a shelter facility longer than 48 hours before a shelter
457     hearing, excluding weekends and holidays, unless a court order for extended shelter has been
458     entered by the court after notice to all parties described in Section 78A-6-306.
459          (c) (i) A hearing for detention or shelter may not be waived.

460          (ii) Detention staff shall provide the court with all information received from the
461     [person] individual who brought the minor to the detention facility.
462          (d) The judge or commissioner may only order a minor to be held in the facility or be
463     placed in another appropriate facility, subject to further order of the court, if the court finds at a
464     detention hearing that:
465          (i) releasing the minor to the minor's parent, guardian, or custodian presents an
466     unreasonable risk to public safety;
467          (ii) less restrictive nonresidential alternatives to detention have been considered and,
468     where appropriate, attempted; and
469          (iii) the minor is eligible for detention under the division guidelines for detention
470     admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202
471     and under Section 78A-6-112.
472          (e) (i) After a detention hearing has been held, only the court may release a minor from
473     detention. If a minor remains in a detention facility, periodic reviews shall be held [pursuant to
474     the Utah State Juvenile Court Rules of Practice and Procedure] in accordance with the Utah
475     Rules of Juvenile Procedure to ensure that continued detention is necessary.
476          (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
477     an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
478     notice of [its] the court's decision, including any disposition, order, or no contact orders, be
479     provided to designated persons in the appropriate local law enforcement agency and the district
480     superintendent or the school or transferee school, if applicable, that the minor attends. The
481     designated persons may receive the information for purposes of the minor's supervision and
482     student safety.
483          (iii) Any employee of the local law enforcement agency, the school district, and the
484     school that the minor attends who discloses the court's order of probation is not:
485          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
486     provided in Section 63G-7-202; and
487          (B) civilly or criminally liable except when disclosure constitutes a knowing violation
488     of Section 63G-2-801.
489          (5) A minor may not be held in a detention facility, following a dispositional order of
490     the court for nonsecure substitute care as defined in Section 62A-4a-101, or for

491     community-based placement under Section 62A-7-101.
492          (6) (a) Except as otherwise provided in this section, a minor may not be held in a
493     detention facility following a disposition order of the court for longer than 72 hours, excluding
494     weekends and holidays.
495          (b) The period of detention may be extended by the court for a cumulative total of
496     seven calendar days if:
497          (i) the Division of Juvenile Justice Services or another agency responsible for
498     placement files a written petition with the court requesting the extension and setting forth good
499     cause; and
500          (ii) the court enters a written finding that it is in the best interests of both the minor and
501     the community to extend the period of detention.
502          (c) The court may extend the period of detention beyond the seven calendar days if the
503     court finds by clear and convincing evidence that:
504          (i) the Division of Juvenile Justice Services or another agency responsible for
505     placement does not have space for the minor; and
506          (ii) the safety of the minor and community requires an extension of the period of
507     detention.
508          (d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
509     excluding weekends and holidays, regarding [the status of] whether the Division of Juvenile
510     Justice Services or another agency responsible for placement has space for the minor.
511          (7) The agency requesting an extension shall promptly notify the detention facility that
512     a written petition has been filed.
513          (8) The court shall promptly notify the detention facility regarding [its] the court's
514     initial disposition and any ruling on a petition for an extension, whether granted or denied.
515          (9) (a) A child under 16 years of age may not be held in a jail, lockup, or other place
516     for adult detention except as provided by Section 62A-7-201 or unless certified as an adult
517     pursuant to Section 78A-6-703. Section 62A-7-201 regarding confinement facilities applies to
518     this Subsection (9).
519          (b) A child 16 years of age or older whose conduct or condition endangers the safety or
520     welfare of others in the detention facility for children may, by court order that specifies the
521     reasons, be detained in another place of confinement considered appropriate by the court,

522     including a jail or other place of confinement for adults. However, a secure facility is not an
523     appropriate place of confinement for detention purposes under this section.
524          (10) A sheriff, warden, or other official in charge of a jail or other facility for the
525     detention of adult offenders or [persons] individuals charged with [crime] an offense shall
526     immediately notify the juvenile court when [a person] an individual who is or appears to be
527     under 18 years [of age] old is received at the facility and shall make arrangements for the
528     transfer of the [person] individual to a detention facility, unless otherwise ordered by the
529     juvenile court.
530          (11) This section does not apply to a minor who is brought to the adult facility under
531     charges pursuant to Section 78A-6-701 or by order of the juvenile court to be held for criminal
532     proceedings in the district court under Section 78A-6-702 or 78A-6-703.
533          (12) A minor held for criminal proceedings under Section 78A-6-701, 78A-6-702, or
534     78A-6-703 may be detained in a jail or other place of detention used for adults charged with
535     crime.
536          (13) Provisions of law regarding bail are not applicable to minors detained or taken
537     into custody under this chapter, except that bail may be allowed:
538          (a) if a minor who need not be detained lives outside this state; or
539          (b) when a minor who need not be detained comes within one of the classes in
540     [Subsection 78A-6-603(11)] Section 78A-6-1101.
541          (14) Section 76-8-418 is applicable to a child who willfully and intentionally commits
542     an act against a jail or other place of confinement, including a Division of Juvenile Justice
543     Services detention, shelter, or secure confinement facility [which] that would be a third degree
544     felony if committed by an adult.
545          Section 6. Section 78A-6-116 is amended to read:
546          78A-6-116. Minor's cases considered civil proceedings -- Adjudication of
547     jurisdiction by juvenile court not conviction of crime -- Exceptions -- Minor not to be
548     charged with crime -- Exception -- Traffic violation cases -- Abstracts to Department of
549     Public Safety.
550          (1) Except as provided in Sections 78A-6-701, 78A-6-702, and 78A-6-703,
551     [proceedings] a proceeding in a minor's case [shall be regarded as civil proceedings] is a civil
552     proceeding with the court exercising equitable powers.

553          (2) (a) An adjudication by a juvenile court that a minor is within [its] the court's
554     jurisdiction under Section 78A-6-103 is not considered a conviction of a crime, except in cases
555     involving traffic violations.
556          (b) An adjudication may not:
557          (i) operate to impose any civil disabilities upon the minor [nor to]; or
558          (ii) disqualify the minor for any civil service or military service or appointment.
559          (3) [A] (a) Except for cases involving traffic violations, and as provided in Sections
560     78A-6-701, 78A-6-702, and 78A-6-703, a minor may not be charged with a crime or convicted
561     in any court [except as provided in Sections 78A-6-701, 78A-6-702, and 78A-6-703, and in
562     cases involving traffic violations. When].
563          (b) Except as provided in Sections 78A-6-702 and 78A-6-703, if a petition [has been]
564     is filed in the juvenile court, [the] a minor may not later be [subjected] subject to criminal
565     prosecution based on the same facts [except as provided in Section 78A-6-702 or 78A-6-703].
566          (c) Except as provided in Section 78A-6-602, an individual may not be subject to a
567     delinquency proceeding for an offense that the individual is alleged to have committed before
568     the individual was 12 years old.
569          (4) (a) An adjudication by a juvenile court that a minor is within [its] the court's
570     jurisdiction under Section 78A-6-103 is considered a conviction for the purposes of
571     determining the level of offense for which a minor may be charged and enhancing the level of
572     an offense in the juvenile court.
573          (b) A prior adjudication may be used to enhance the level or degree of an offense
574     committed by an adult only as otherwise specifically provided.
575          (5) Abstracts of court records for all adjudications of traffic violations shall be
576     submitted to the Department of Public Safety as provided in Section 53-3-218.
577          (6) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution
578     may be forwarded to employers, financial institutions, law enforcement, constables, the Office
579     of Recovery Services, or other agencies for purposes of enforcing the order as provided in
580     Section 78A-6-117.
581          Section 7. Section 78A-6-210 is amended to read:
582          78A-6-210. Fines -- Fees -- Deposit with state treasurer -- Restricted account.
583          (1) There is created within the General Fund a restricted account known as the

584     "Nonjudicial Adjustment Account."
585          (2) (a) The account shall be funded from the financial penalty established under
586     Subsection 78A-6-602[(2)(e)(i)](8)(a).
587          (b) The court shall deposit all money collected as a result of penalties assessed as part
588     of the nonjudicial adjustment of a case in the account.
589          (c) The account shall be used to pay the expenses of juvenile compensatory service,
590     victim restitution, and diversion programs.
591          (3) (a) Except under [Subsections] Subsection (3)(b)[,] or (4)[,] and as otherwise
592     provided by law, all fines, fees, penalties, and forfeitures imposed and collected by the juvenile
593     court shall be paid to the state treasurer for deposit [in] into the General Fund.
594          (b) Not more than 50% of any fine or forfeiture collected may be paid to a state
595     rehabilitative employment program for delinquent minors that provides for employment of the
596     minor in the county of the minor's residence if:
597          (i) reimbursement for the minor's labor is paid to the victim of the minor's delinquent
598     behavior;
599          (ii) the amount earned and paid is set by court order;
600          (iii) the minor is not paid more than the hourly minimum wage; and
601          (iv) no payments to victims are made without the minor's involvement in a
602     rehabilitative work program.
603          (c) Fines withheld under Subsection (3)(b) and any private contributions to the
604     rehabilitative employment program are accounted for separately and are subject to audit at any
605     time by the state auditor.
606          (d) Funds withheld under Subsection (3)(b) and private contributions are nonlapsing.
607     The Board of Juvenile Court Judges shall establish policies for the use of the funds described
608     in this subsection.
609          (4) For fines and forfeitures collected by the court for a violation of Section
610     41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
611     enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
612     the school district or private school that owns or contracts for the use of the bus, and the state
613     treasurer shall allocate 80% to the General Fund.
614          (5) No fee may be charged by any state or local public officer for the service of process

615     in any proceedings initiated by a public agency.
616          Section 8. Section 78A-6-601 is amended to read:
617          78A-6-601. Criminal proceedings involving minors -- Transfer to juvenile court --
618     Exceptions.
619          (1) [If, during the pendency of a criminal or quasi-criminal proceeding in another court,
620     including a preliminary hearing, it is determined that the person charged] Except as provided in
621     Subsection (3) and Sections 78A-6-701, 78A-6-702, and 78A-6-703, if while a criminal or
622     quasi-criminal proceeding is pending, a district court or justice court determines that an
623     individual being charged
is under 21 years [of age] old and was [less] younger than 18 years [of
624     age] old at the time of committing the alleged offense, [that] the district court or justice court
625     shall transfer the case to the juvenile court[, together] with all the papers, documents, and
626     transcripts of any testimony [except as provided in Sections 78A-6-701, 78A-6-702, and
627     78A-6-703].
628          (2) (a) [The] Except as provided in Subsection (2)(b), the district or justice court
629     making the transfer shall:
630          (i) order the [person] individual to be taken immediately to the juvenile court or to a
631     place of detention designated by the juvenile court[, or shall]; or
632          (ii) release [him] the individual to the custody of [his] the individual's parent or
633     guardian, or other person legally responsible for [him] the individual, to be brought before the
634     juvenile court at a time designated by [it] the juvenile court.
635          (b) If the alleged offense under Subsection (1) occurred before the individual was 12
636     years old:
637          (i) the district court or justice court making the transfer shall release the individual to
638     the custody of the individual's parent or guardian, or other person legally responsible for the
639     individual;
640          (ii) the juvenile court shall treat the transfer as a referral under Subsection
641     78A-6-602(3); and
642          (iii) the juvenile court's probation department shall make a preliminary inquiry to
643     determine whether the individual is eligible for a nonjudicial adjustment in accordance with
644     Section 78A-6-602.
645          [The] (c) If a case is transferred to the juvenile court under this section, the juvenile

646     court shall [then proceed as provided in] proceed in accordance with this chapter.
647          (3) A district court or justice court does not have to transfer a case under Subsection
648     (1) if the district court or justice court would have had jurisdiction over the case at the time the
649     individual committed the offense in accordance with Subsections 78A-5-102(9) and
650     78A-7-106(2).
651          Section 9. Section 78A-6-602 is amended to read:
652          78A-6-602. Referrals -- Nonjudicial adjustments.
653          [(1) A proceeding in a minor's case is commenced by petition, except as provided in
654     Sections 78A-6-701, 78A-6-702, and 78A-6-703.]
655          (1) As used in this section, "referral" means a formal referral, a referral to the court
656     under Section 53G-8-211 or Subsection 78A-6-601(2)(b), or a citation issued to a minor for
657     which the court receives notice under Section 78A-6-603.
658          (2) (a) A peace officer, or a public official of the state, a county, city, or town charged
659     with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral
660     with the [juvenile] court within 10 days of a minor's arrest.
661          (b) If the arrested minor is taken to a detention facility, [the formal referral shall be
662     filed] the peace officer, or public official, shall file the formal referral with the [juvenile] court
663     within 72 hours, excluding weekends and holidays. [A formal referral under Section
664     53G-8-211 may not be filed with the juvenile court on an offense unless the offense is subject
665     to referral under Section 53G-8-211.]
666          [(b) (i) When the court is informed by a peace officer or other person that a minor is or
667     appears to be within the court's jurisdiction, the probation department shall make a preliminary
668     inquiry to determine whether the minor is eligible to enter into a written consent agreement
669     with the probation department and, if the minor is a child, the minor's parent, guardian, or
670     custodian for the nonjudicial adjustment of the case pursuant to this Subsection (2).]
671          (c) A peace officer, public official, school district, or school may only make a referral
672     to the court under Section 53G-8-211 for an offense that is subject to referral under Section
673     53G-8-211.
674          (3) If the court receives a referral for a minor who is, or appears to be, within the
675     court's jurisdiction, the court's probation department shall make a preliminary inquiry in
676     accordance with Subsections (5), (6), and (7) to determine whether the minor is eligible to enter

677     into a nonjudicial adjustment.
678          (4) If a minor is referred to the court for multiple offenses arising from a single
679     criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the
680     court's probation department shall offer the minor one nonjudicial adjustment for all offenses
681     arising from the single criminal episode.
682          (5) (a) The court's probation department may:
683          (i) conduct a validated risk and needs assessment; and
684          (ii) request that a prosecuting attorney review a referral in accordance with Subsection
685     (11) if:
686          (A) the results of the validated risk and needs assessment indicate the minor is high
687     risk; or
688          (B) the results of the validated risk and needs assessment indicate the minor is
689     moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
690     Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
691          (b) If a minor violates Section 41-6a-502, the minor shall:
692          (i) undergo a drug and alcohol screening;
693          (ii) if found appropriate by the screening, participate in an assessment; and
694          (iii) if warranted by the screening and assessment, follow the recommendations of the
695     assessment.
696          (6) Except as provided in Subsection (7)(b), the probation department shall request that
697     a prosecuting attorney review a referral in accordance with Subsection (11) if:
698          (a) the referral involves:
699          (i) a felony offense; or
700          (ii) a violation of:
701          (A) Section 41-6a-502, driving under the influence;
702          (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
703     serious bodily injury;
704          (C) Section 76-5-206, negligent homicide;
705          (D) Section 76-9-702.1, sexual battery;
706          (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
707     shotgun on or about school premises; or

708          (F) Section 76-10-509, possession of dangerous weapon by minor, but only if the
709     dangerous weapon is a firearm;
710          (b) the minor has a current suspended order for custody under Subsection
711     78A-6-117(5)(a); or
712          (c) the referral involves an offense alleged to have occurred before an individual was
713     12 years old and the offense is a felony violation of:
714          (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
715          (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
716          (iii) Section 76-5-203, murder or attempted murder;
717          (iv) Section 76-5-302, aggravated kidnapping;
718          (v) Section 76-5-405, aggravated sexual assault;
719          (vi) Section 76-6-103, aggravated arson;
720          (vii) Section 76-6-203, aggravated burglary;
721          (viii) Section 76-6-302, aggravated robbery; or
722          (ix) Section 76-10-508.1, felony discharge of a firearm.
723          [(ii)] (7) (a) Except as provided in [Subsection (2)(k)] Subsections (5) and (6), the
724     court's probation department shall offer a nonjudicial adjustment to a minor if the minor:
725          [(A)] (i) is referred [with a] for an offense that is a misdemeanor, infraction, or status
726     offense;
727          [(B)] (ii) has no more than two prior adjudications; and
728          [(C)] (iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
729          (b) If the court receives a referral for an offense that is alleged to have occurred before
730     an individual was 12 years old, the court's probation department shall offer a nonjudicial
731     adjustment to the individual, unless the referral includes an offense described in Subsection
732     (6)(c).
733          (c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
734     under this Subsection (7), the court's probation department shall treat all offenses arising out of
735     a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial
736     adjustment.
737          (ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
738     this Subsection (7), the court's probation department shall treat all offenses arising out of a

739     single criminal episode that resulted in one or more prior adjudications as a single adjudication.
740          [(iii) For purposes of this Subsection (2)(b), an adjudication or nonjudicial adjustment
741     means an action based on a single episode of conduct that is closely related in time and is
742     incident to an attempt or an accomplishment of a single objective.]
743          [(c) (i) Within seven days of receiving a referral that appears to be eligible for a
744     nonjudicial adjustment pursuant to Subsection (2)(b), the probation department shall provide
745     an initial notice to reasonably identifiable and locatable victims of the offense contained in the
746     referral.]
747          [(ii) The victim shall be responsible to provide to the division upon request:]
748          [(A) invoices, bills, receipts, and other evidence of injury, loss of earnings, and
749     out-of-pocket loss;]
750          [(B) documentation and evidence of compensation or reimbursement from insurance
751     companies or agencies of Utah, any other state, or federal government received as a direct
752     result of the crime for injury, loss of earnings, or out-of-pocket loss; and]
753          [(C) proof of identification, including home and work address and telephone numbers.]
754          [(iii) The inability, failure, or refusal of the victim to provide all or part of the
755     requested information shall result in the probation department determining restitution based on
756     the best information available.]
757          [(d) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
758     validated risk and needs assessment and may request that the prosecutor review the referral
759     pursuant to Subsection (2)(h) to determine whether to dismiss the referral or file a petition
760     instead of offering a nonjudicial adjustment if:]
761          [(A) the results of the assessment indicate the youth is high risk; or]
762          [(B) the results of the assessment indicate the youth is moderate risk and the referral is
763     for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or
764     Title 76, Chapter 9, Part 7, Miscellaneous Provisions.]
765          [(ii)] (d) Except as provided in Subsection [(2)(k)] (6), the court's probation department
766     may offer a nonjudicial adjustment to [any other] a minor who does not meet the criteria
767     provided in Subsection [(2)(b)] (7)(a).
768          [(iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
769     admission of guilt.]

770          (8) For a nonjudicial adjustment, the court's probation department may require a minor
771     to:
772          (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
773     terms established under Subsection (10)(c);
774          (b) pay restitution to any victim;
775          (c) complete community or compensatory service;
776          (d) attend counseling or treatment with an appropriate provider;
777          (e) attend substantive abuse treatment or counseling;
778          (f) comply with specified restrictions on activities or associations;
779          (g) attend victim-offender mediation if requested by the victim; and
780          (h) comply with any other reasonable action that is in the interest of the minor, the
781     community, or the victim.
782          (9) (a) Within seven days of receiving a referral that appears to be eligible for a
783     nonjudicial adjustment in accordance with Subsection (7), the court's probation department
784     shall provide an initial notice to reasonably identifiable and locatable victims of the offense
785     contained in the referral.
786          (b) The victim shall be responsible to provide to the probation department upon
787     request:
788          (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
789     out-of-pocket loss;
790          (ii) documentation and evidence of compensation or reimbursement from an insurance
791     company or an agency of the state, any other state, or the federal government received as a
792     direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
793          (iii) proof of identification, including home and work address and telephone numbers.
794          (c) The inability, failure, or refusal of the victim to provide all or part of the requested
795     information shall result in the probation department determining restitution based on the best
796     information available.
797          (10) (a) The court's probation department may not predicate acceptance of an offer of a
798     nonjudicial adjustment on an admission of guilt.
799          [(iv)] (b) [A minor may not be denied] The court's probation department may not deny
800     a minor an offer of nonjudicial adjustment due to [an] a minor's inability to pay a financial

801     penalty under Subsection [(2)(e)] (8).
802          (c) The court's probation department shall base a fee, fine, or the restitution for a
803     nonjudicial adjustment under Subsection (8) upon the ability of the minor's family to pay as
804     determined by a statewide sliding scale developed in accordance with Section 63M-7-208 on or
805     after July 1, 2018.
806          [(v) Efforts to effect a] (d) A nonjudicial adjustment may not extend for [a period of]
807     more than 90 days [without leave of a judge of the court, who may extend the period], unless a
808     juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
808a     Ĥ→ (e) (i) Notwithstanding Subsection (10)(d), a juvenile court judge may extend a
808b     nonjudicial adjustment beyond the 180 days permitted under Subsection (10)(d) for a minor
808c     who is offered a nonjudicial adjustment under Subsection (7)(b) for a sexual offense under
808d     Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (11)(b)(ii) for a
808e     sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed
808f     before the minor was 12 years old , if the judge determines that:
808g          (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
808h          (B) the treatment cannot be completed within 180 days after the day on which the
808i     minor entered into the nonjudicial adjustment; and
808j          (C) the treatment is necessary based on a clinical assessment that is developmentally
808k     appropriate for the minor.
808l          (ii) If a juvenile court judge extends a minor's nonjudicial adjustment under
808m     Subsection (10)(e)(i), the judge may extend the nonjudicial adjustment until the minor
808n     completes the treatment under this Subsection (10)(e), but the judge may only grant each
808o     extension for 90 days at a time. ←Ĥ
809          Ĥ→ [
(e)] (f) ←Ĥ If a minor violates Section 76-10-105, the minor may be required to pay a
809a     fine or
810     penalty and participate in a court-approved tobacco education program with a participation fee.
811          [(vi) A prosecutor may not file a petition against a minor unless:]
812          [(A) the minor does not qualify for nonjudicial adjustment under Subsection (2)(b) or
813     (d)(ii);]
814          [(B) the minor declines nonjudicial adjustment;]
815          [(C) the minor fails to substantially comply with the conditions agreed upon as part of
816     the nonjudicial adjustment;]
817          [(D) the minor fails to respond to the probation department's inquiry regarding
818     eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
819     ☆preliminary inquiry; or]
820          [(E) the prosecutor is acting under Subsection (2)(k).]
821          [(e) The nonjudicial adjustment of a case may include the following conditions agreed
822     upon as part of the nonjudicial closure:]
823          [(i) payment of a financial penalty of not more than $250 to the juvenile court subject
824     to the terms established under Subsection (2)(f);]
825          [(ii) payment of victim restitution;]
826          [(iii) satisfactory completion of community or compensatory service;]
827          [(iv) referral to an appropriate provider for counseling or treatment;]
828          [(v) attendance at substance use disorder programs or counseling programs;]
829          [(vi) compliance with specified restrictions on activities and associations;]
830          [(vii) victim-offender mediation, if requested by the victim; and]
831          [(viii) other reasonable actions that are in the interest of the child or minor, the

832     community, and the victim.]
833          [(f) A fee, fine, or restitution included in a nonjudicial closure in accordance with
834     Subsection (2)(e) shall be based upon the ability of the minor's family to pay as determined by
835     a statewide sliding scale developed as provided in Section 63M-7-208 on and after July 1,
836     2018.]
837          [(g)] (11) If a [prosecutor learns of a referral involving an offense identified in
838     Subsection (2)(k), if] prosecuting attorney is requested to review a referral in accordance with
839     Subsection (5) or (6), a minor fails to substantially comply with [the conditions] a condition
840     agreed upon as part of the nonjudicial [closure] adjustment, or [if] a minor is not offered or
841     declines a nonjudicial adjustment [pursuant to Subsection (2)(b), (2)(d)(ii), or (2)(d)(vi), the
842     prosecutor shall review the case and take one of the following actions:] in accordance with
843     Subsection (7), the prosecuting attorney shall:
844          (a) review the case; and
845          (b) (i) dismiss the case;
846          (ii) refer the case back to the probation department for a new attempt at nonjudicial
847     adjustment; or
848          (iii) [subject to Subsection (2)(i)] except as provided in Subsections (12)(b), (13), and
849     78A-6-602.5(2), file a petition with the court.
850          [(h) Notwithstanding Subsection (2)(g), a petition may only be filed]
851          (12) (a) A prosecuting attorney may file a petition only upon reasonable belief that:
852          (i) the charges are supported by probable cause;
853          (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
854     doubt; and
855          (iii) the decision to charge is in the interests of justice.
856          [(i)] (b) Failure to pay a fine or fee may not serve as a basis for filing of a petition
857     under Subsection [(2)(g)(iii)] (11)(b)(iii) if the minor has substantially complied with the other
858     conditions agreed upon in accordance with Subsection [(2)(e) or those] (8) or conditions
859     imposed through any other court diversion program.
860          [(j) Notwithstanding Subsection (2)(i), a violation of Section 76-10-105 that is subject
861     to the jurisdiction of the juvenile court may include a fine or penalty and participation in a
862     court-approved tobacco education program, which may include a participation fee.]

863          [(k) Notwithstanding the other provisions of this section, the probation department
864     shall request that a prosecutor review a referral in accordance with Subsection (2)(g) if:]
865          [(i) the referral involves a violation of:]
866          [(A) Section 41-6a-502, driving under the influence;]
867          [(B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
868     serious bodily injury;]
869          [(C) Section 76-5-206, negligent homicide;]
870          [(D) Section 76-9-702.1, sexual battery;]
871          [(E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
872     shotgun on or about school premises; or]
873          [(F) Section 76-10-509, possession of dangerous weapon by minor, but only if the
874     dangerous weapon is a firearm; or]
875          [(ii) the minor has a current suspended order for custody under Subsection
876     78A-6-117(5)(a).]
877          (13) A prosecuting attorney may not file a petition against a minor unless:
878          (a) the prosecuting attorney has statutory authority to file the petition under Section
879     78A-6-602.5; and
880          (b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection (7);
881          (ii) the minor declines nonjudicial adjustment;
882          (iii) the minor fails to substantially comply with the conditions agreed upon as part of
883     the nonjudicial adjustment;
884          (iv) the minor fails to respond to the probation department's inquiry regarding
885     eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
886     preliminary inquiry; or
887          (v) the prosecuting attorney is acting under Subsection (11).
888          [(l)] (14) If the [prosecutor] prosecuting attorney files a petition in court or a
889     proceeding is commenced against a minor under Section 78A-6-603, the court may refer the
890     case to the probation department for another offer of nonjudicial adjustment.
891          [(m) If a minor violates Section 41-6a-502, regardless of whether a prosecutor reviews
892     a referral under Subsection (2)(k)(i)(A), the minor shall be subject to a drug and alcohol
893     screening and participate in an assessment, if found appropriate by the screening, and if

894     warranted, follow the recommendations of the assessment.]
895          [(3) Except as provided in Sections 78A-6-701 and 78A-6-702, in the case of a minor
896     14 years of age or older, the county attorney, district attorney, or attorney general may
897     commence an action by filing a criminal information and a motion requesting the juvenile court
898     to waive its jurisdiction and certify the minor to the district court.]
899          [(4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
900     misdemeanors, other infractions or misdemeanors as designated by general order of the Board
901     of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the
902     juvenile court, a petition is not required and the issuance of a citation as provided in Section
903     78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry in
904     accordance with Subsection (2)(b)(i) is required.]
905          [(b)](15) Any failure to comply with the time deadline on a formal referral may not be
906     the basis of dismissing the formal referral.
907          Section 10. Section 78A-6-602.5 is enacted to read:
908          78A-6-602.5. Petition for a delinquency proceeding -- Criminal information.
909          (1) A prosecuting attorney shall file a petition to commence a proceeding against a
910     minor for an adjudication of an alleged offense, except as provided in:
911          (a) Subsection (2);
912          (b) Subsection (3);
913          (c) Section 78A-6-603;
914          (d) Section 78A-6-701; and
915          (e) Section 78A-6-702.
916          (2) A prosecuting attorney may not file a petition under Subsection (1) against an
917     individual for an offense alleged to have occurred before the individual was 12 years old,
918     unless:
919          (a) the individual is alleged to have committed a felony violation of:
920          (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
921          (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
922          (iii) Section 76-5-203, murder or attempted murder;
923          (iv) Section 76-5-302, aggravated kidnapping;
924          (v) Section 76-5-405, aggravated sexual assault;

925          (vi) Section 76-6-103, aggravated arson;
926          (vii) Section 76-6-203, aggravated burglary;
927          (viii) Section 76-6-302, aggravated robbery; or
928          (ix) Section 76-10-508.1, felony discharge of a firearm; or
929          (b) an offer for a nonjudicial adjustment is made under Section 78A-6-602 and the
930     minor:
931          (i) declines to accept the offer for the nonjudicial adjustment; or
932          (ii) fails to substantially comply with the conditions agreed upon as part of the
933     nonjudicial adjustment.
934          (3) Except as provided in Sections 78A-6-701 and 78A-6-702, if a minor was 14 years
935     old or older at the time the offense was alleged to have occurred, the prosecuting attorney may
936     commence an action by filing:
937          (a) a criminal information in the juvenile court; and
938          (b) a motion requesting the juvenile court waive the court's jurisdiction and certify the
939     minor to the district court under Section 78A-6-703.
940          Section 11. Section 78A-6-603 is amended to read:
941          78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
942     appear.
943          [(1) As used in this section, "citation" means an abbreviated referral and is sufficient to
944     invoke the jurisdiction of the court in lieu of a petition.]
945          (1) A petition is not required to commence a proceeding against a minor for an
946     adjudication of an alleged offense if a citation is issued for an offense for which the court has
947     jurisdiction over and the offense listed in the citation is for:
948          (a) a violation of a wildlife law;
949          (b) a violation of a boating law;
950          (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
951     infraction:
952          (i) for a traffic violation; or
953          (ii) designated as a citable offense by general order of the Board of Juvenile Court
954     Judges;
955          (d) a class B misdemeanor or infraction for a traffic violation where the individual is

956     15 years old or younger at the time the offense was alleged to have occurred;
957          (e) an infraction or misdemeanor designated as a citable offense by a general order of
958     the Board of Juvenile Court Judges; or
959          (f) a violation of Subsection 76-10-105(2).
960          (2) [A citation] Except as provided in Subsection (6) and Section 53G-8-211, a
961     citation for an offense listed in Subsection (1) shall be submitted to the court within five days
962     of issuance to a minor.
963          (3) A copy of the citation shall contain:
964          (a) the name and address of the [juvenile] court before which the minor may be
965     required to appear;
966          (b) the name of the minor cited;
967          (c) the statute or local ordinance that the minor is alleged to have [been] violated;
968          (d) a brief description of the offense charged;
969          (e) the date, time, and location at which the offense is alleged to have occurred;
970          (f) the date the citation was issued;
971          (g) the name and badge or identification number of the peace officer or public official
972     who issued the citation;
973          (h) the name of the arresting person if an arrest was made by a private party and the
974     citation was issued in lieu of taking the arrested minor into custody as provided in Section
975     78A-6-112;
976          (i) [the date and time when the minor is to appear, or] a statement that the minor and
977     parent or legal guardian are to appear when notified by the [juvenile] court; and
978          (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
979     appear at the [juvenile court as designated on the citation] court when notified by the court.
980          (4) A copy of the citation shall contain space for the following information to be
981     entered if known:
982          (a) the minor's address;
983          (b) the minor's date of birth;
984          (c) the name and address of the child's custodial parent or legal guardian, if different
985     from the child; and
986          (d) if there is a victim, the victim's name, address, and an estimate of loss, except that

987     this information shall be removed from the documents the minor receives.
988          (5) A citation received by the court beyond the time designated in Subsection (2) shall
989     include a written explanation for the delay.
990          [(6) In accordance with Section 53G-8-211, the following offenses may be sent to the
991     juvenile court as a citation:]
992          [(a) violations of wildlife laws;]
993          [(b) violations of boating laws;]
994          [(c) violations of curfew laws;]
995          [(d) any class B misdemeanor or less traffic violations where the person is under the
996     age of 16;]
997          [(e) any class B or class C misdemeanor or infraction;]
998          [(f) any other infraction or misdemeanor as designated by general order of the Board of
999     Juvenile Court Judges; and]
1000          [(g) violations of Section 76-10-105 subject to the jurisdiction of the juvenile court.]
1001          [(7)] (6) A minor offense, as defined [under] in Section 78A-6-1202, alleged to have
1002     been committed by an enrolled child on school property or related to school attendance, may
1003     only be [sent] referred to the [prosecutor] prosecuting attorney or the [juvenile] court in
1004     accordance with Section 53G-8-211.
1005          (7) If a court receives a citation described in Subsection (1), the court's probation
1006     department shall make a preliminary inquiry as to whether the minor is eligible for a
1007     nonjudicial adjustment in accordance with Subsection 78A-6-602(7).
1008          (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a
1009     prosecuting attorney may commence a proceeding against a minor, without filing a petition, for
1010     an adjudication of the offense in the citation only if:
1011          (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment in
1012     accordance with Section 78A-6-602; and
1013          (ii) the prosecuting attorney conducts an inquiry under Subsection (9).
1014          (b) Except as provided in Subsection 78A-6-602.5(2), a prosecuting attorney may not
1015     commence a proceeding against an individual for any offense listed in a citation alleged to have
1016     occurred before the individual was 12 years old.
1017          [(8) An inquiry shall be conducted:]

1018          [(a) by the prosecutor to determine upon reasonable belief that:]
1019          (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable
1020     belief, that:
1021          [(i) the charges are] (a) the charge listed in the citation is supported by probable cause;
1022          [(ii)] (b) admissible evidence will be sufficient to support adjudication beyond a
1023     reasonable doubt; and
1024          [(iii)] (c) the decision to charge is in the interests of justice[; and].
1025          [(b) if appropriate, by the court under Section 78A-6-117.]
1026          [(9) Subsection (5) may not apply to a runaway child.]
1027          [(10) (a) A minor receiving a citation described in this section shall appear at the
1028     juvenile court designated in the citation on the time and date specified in the citation or when
1029     notified by the juvenile court.]
1030          [(b) A citation may not require a minor to appear sooner than five days following its
1031     issuance.]
1032          (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor
1033     shall appear at the court at a date and time established by the court.
1034          (11) [A] If a minor [who receives a citation and] willfully fails to appear before the
1035     [juvenile court pursuant to a citation may be found] court for a proceeding under Subsection
1036     (8)(a), the court may:
1037          (a) find the minor in contempt of court[. The court may]; and
1038          (b) proceed against the minor as provided in Section 78A-6-1101.
1039          (12) When a [citation is issued] proceeding is commenced under this section, bail may
1040     be posted and forfeited under Section 78A-6-113 with the consent of:
1041          (a) the court; and
1042          (b) if the minor is a child, the parent or legal guardian of the child cited.
1043          Section 12. Section 78A-6-703 is amended to read:
1044          78A-6-703. Certification hearings -- Juvenile court to hold preliminary hearing --
1045     Factors considered by juvenile court for waiver of jurisdiction to district court.
1046          (1) If a criminal information filed in accordance with Subsection [78A-6-602(3)]
1047     78A-6-602.5(3) alleges the commission of an act [which] that would constitute a felony if
1048     committed by an adult, the juvenile court shall conduct a preliminary hearing.

1049          (2) At the preliminary hearing the state shall have the burden of going forward with
1050     [its] the state's case and the burden of establishing:
1051          (a) probable cause to believe that a crime was committed and that the [defendant]
1052     minor committed it; and
1053          (b) by a preponderance of the evidence, that it would be contrary to the best interests of
1054     the minor or of the public for the juvenile court to retain jurisdiction.
1055          (3) In considering whether or not it would be contrary to the best interests of the minor
1056     or of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider,
1057     and may base its decision on, the finding of one or more of the following factors:
1058          (a) the seriousness of the offense and whether the protection of the community requires
1059     isolation of the minor beyond that afforded by juvenile facilities;
1060          (b) whether the alleged offense was committed by the minor under circumstances
1061     [which] that would subject the minor to enhanced penalties under Section 76-3-203.1 if the
1062     minor were adult and the offense was committed:
1063          (i) in concert with two or more persons;
1064          (ii) for the benefit of, at the direction of, or in association with any criminal street gang
1065     as defined in Section 76-9-802; or
1066          (iii) to gain recognition, acceptance, membership, or increased status with a criminal
1067     street gang as defined in Section 76-9-802;
1068          (c) whether the alleged offense was committed in an aggressive, violent, premeditated,
1069     or willful manner;
1070          (d) whether the alleged offense was against persons or property, greater weight being
1071     given to offenses against persons, except as provided in Section 76-8-418;
1072          (e) the maturity of the minor as determined by considerations of the minor's home,
1073     environment, emotional attitude, and pattern of living;
1074          (f) the record and previous history of the minor;
1075          (g) the likelihood of rehabilitation of the minor by use of facilities available to the
1076     juvenile court;
1077          (h) the desirability of trial and disposition of the entire offense in one court when the
1078     minor's associates in the alleged offense are adults who will be charged with a crime in the
1079     district court;

1080          (i) whether the minor used a firearm in the commission of an offense; and
1081          (j) whether the minor possessed a dangerous weapon on or about school premises as
1082     provided in Section 76-10-505.5.
1083          (4) The amount of weight to be given to each of the factors listed in Subsection (3) is
1084     discretionary with the court.
1085          (5) (a) [Written] The court may consider written reports and other materials relating to
1086     the minor's mental, physical, educational, and social history [may be considered by the court].
1087          (b) If requested by the minor, the minor's parent, guardian, or other interested party, the
1088     court shall require the person or agency preparing the report and other material to appear and
1089     be subject to both direct and cross-examination.
1090          (6) At the conclusion of the state's case, the minor may testify under oath, call
1091     witnesses, cross-examine adverse witnesses, and present evidence on the factors required by
1092     Subsection (3).
1093          (7) At the time the minor is bound over to the district court, the juvenile court shall
1094     make the initial determination on where the minor shall be held.
1095          (8) The juvenile court shall consider the following when determining where the minor
1096     will be held until the time of trial:
1097          (a) the age of the minor;
1098          (b) the nature, seriousness, and circumstances of the alleged offense;
1099          (c) the minor's history of prior criminal acts;
1100          (d) whether detention in a juvenile detention facility will adequately serve the need for
1101     community protection pending the outcome of any criminal proceedings;
1102          (e) whether the minor's placement in a juvenile detention facility will negatively impact
1103     the functioning of the facility by compromising the goals of the facility to maintain a safe,
1104     positive, and secure environment for all minors within the facility;
1105          (f) the relative ability of the facility to meet the needs of the minor and protect the
1106     public;
1107          (g) whether the minor presents an imminent risk of harm to the minor or others within
1108     the facility;
1109          (h) the physical maturity of the minor;
1110          (i) the current mental state of the minor as evidenced by relevant mental health or

1111     psychological assessments or screenings that are made available to the court; and
1112          (j) any other factors the court considers relevant.
1113          (9) If a minor is ordered to a juvenile detention facility under Subsection (8), the minor
1114     shall remain in the facility until released by a district court judge, or if convicted, until
1115     sentencing.
1116          (10) A minor held in a juvenile detention facility under this section shall have the same
1117     right to bail as any other criminal defendant.
1118          (11) If the minor ordered to a juvenile detention facility under Subsection (8) attains
1119     the age of 18 years, the minor shall be transferred within 30 days to an adult jail until released
1120     by the district court judge, or if convicted, until sentencing.
1121          (12) A minor 16 years of age or older whose conduct or condition endangers the safety
1122     or welfare of others in the juvenile detention facility may, by court order that specifies the
1123     reasons, be detained in another place of confinement considered appropriate by the court,
1124     including jail or other place of confinement for adults.
1125          (13) The district court may reconsider the decision on where the minor shall be held
1126     pursuant to Subsection (7).
1127          (14) If the court finds the state has met its burden under Subsection (2), the court may
1128     enter an order:
1129          (a) certifying that finding; and
1130          (b) directing that the minor be held for criminal proceedings in the district court.
1131          (15) If an indictment is returned by a grand jury, the preliminary examination held by
1132     the juvenile court need not include a finding of probable cause, but the juvenile court shall
1133     proceed in accordance with this section regarding the additional consideration referred to in
1134     Subsection (2)(b).
1135          (16) Title 78B, Chapter 22, Indigent Defense Act, Section 78A-6-115, and other
1136     provisions relating to proceedings in juvenile cases are applicable to the hearing held under this
1137     section to the extent they are pertinent.
1138          (17) A minor who has been directed to be held for criminal proceedings in the district
1139     court is not entitled to a preliminary examination in the district court.
1140          (18) A minor who has been certified for trial in the district court shall have the same
1141     right to bail as any other criminal defendant and shall be advised of that right by the juvenile

1142     court judge. The juvenile court shall set initial bail in accordance with Title 77, Chapter 20,
1143     Bail.
1144          (19) When a minor has been certified to the district court under this section, the
1145     jurisdiction of the Division of Juvenile Justice Services and the jurisdiction of the juvenile
1146     court over the minor is terminated regarding that offense, any other offenses arising from the
1147     same criminal episode, and any subsequent misdemeanors or felonies charged against the
1148     minor, except as provided in Subsection (21) or Section 78A-6-705.
1149          (20) If a minor enters a plea to, or is found guilty of any of the charges filed or on any
1150     other offense arising out of the same criminal episode, the district court retains jurisdiction
1151     over the minor for all purposes, including sentencing.
1152          (21) The juvenile court under Section 78A-6-103 and the Division of Juvenile Justice
1153     Services regain jurisdiction and any authority previously exercised over the minor when there
1154     is an acquittal, a finding of not guilty, or dismissal of all charges in the district court.
1155          Section 13. Section 78A-7-106 is amended to read:
1156          78A-7-106. Jurisdiction.
1157          (1) [Justice courts have] A justice court has jurisdiction over class B and C
1158     misdemeanors, violation of ordinances, and infractions committed within [their] the court's
1159     territorial jurisdiction by [a person] an individual who is 18 years [of age] old or older.
1160          (2) Except those offenses over which the juvenile court has exclusive jurisdiction,
1161     [justice courts have] a justice court has jurisdiction over the following offenses committed
1162     within [their] the court's territorial jurisdiction by [a person] an individual who is 16 or 17
1163     years [of age] old:
1164          (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
1165     Licensing Act; and
1166          (b) class B and C misdemeanor and infraction violations of:
1167          (i) Title 23, Wildlife Resources Code of Utah;
1168          (ii) Title 41, Chapter 1a, Motor Vehicle Act;
1169          (iii) Title 41, Chapter 6a, Traffic Code;
1170          (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
1171     Operators Act;
1172          (v) Title 41, Chapter 22, Off-Highway Vehicles;

1173          (vi) Title 73, Chapter 18, State Boating Act;
1174          (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
1175          (viii) Title 73, Chapter 18b, Water Safety; and
1176          (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
1177     Operators Act.
1178          (3) As used in this section, "the court's jurisdiction" means the territorial jurisdiction of
1179     a justice court.
1180          (4) An offense is committed within the territorial jurisdiction of a justice court if:
1181          (a) conduct constituting an element of the offense or a result constituting an element of
1182     the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
1183     itself unlawful;
1184          (b) either [a person] an individual committing an offense or a victim of an offense is
1185     located within the court's jurisdiction at the time the offense is committed;
1186          (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
1187     within the court's jurisdiction;
1188          (d) [a person] an individual commits any act constituting an element of an inchoate
1189     offense within the court's jurisdiction, including an agreement in a conspiracy;
1190          (e) [a person] an individual solicits, aids, or abets, or attempts to solicit, aid, or abet
1191     another [person] individual in the planning or commission of an offense within the court's
1192     jurisdiction;
1193          (f) the investigation of the offense does not readily indicate in which court's
1194     jurisdiction the offense occurred, and:
1195          (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
1196     passing within the court's jurisdiction;
1197          (ii) (A) the offense is committed on or in any body of water bordering on or within this
1198     state if the territorial limits of the justice court are adjacent to the body of water; and
1199          (B) as used in Subsection(4)(f)(ii)(A), "body of water" includes any stream, river, lake,
1200     or reservoir, whether natural or man-made;
1201          (iii) [a person] an individual who commits theft exercises control over the affected
1202     property within the court's jurisdiction; or
1203          (iv) the offense is committed on or near the boundary of the court's jurisdiction;

1204          (g) the offense consists of an unlawful communication that was initiated or received
1205     within the court's jurisdiction; or
1206          (h) jurisdiction is otherwise specifically provided by law.
1207          (5) A justice court judge may transfer a criminal matter in which the defendant is a
1208     child to the juvenile court for further proceedings if the justice court judge determines and the
1209     juvenile court concurs that the best interests of the minor would be served by the continuing
1210     jurisdiction of the juvenile court[, subject to Section 78A-6-602].
1211          (6) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
1212     Small Claims Courts, if a defendant resides in or the debt arose within the territorial
1213     jurisdiction of the justice court.
1214          Section 14. Effective date.
1215          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2020.
1216          (2) The actions affecting Section 76-10-105 (Effective 07/01/20) take effect on July 1,
1217     2020.