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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27 76-10-105 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter 415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 [
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 Section 76-10-105 (Superseded 07/01/20) is amended to read:
50 76-10-105 (Superseded 07/01/20).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 [
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 [
84 or has in the individual's possession any cigar, cigarette, electronic cigarette, or tobacco in any
85 form is subject to [
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. [
132 (b) "Adjudication" does not mean a finding of not competent to proceed [
133 in accordance with Section 78A-6-1302 [
134 (4) (a) "Adult" means an individual [
135
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 [
138 78A-6-120 [
139 (5) "Board" means the Board of Juvenile Court Judges.
140 (6) "Child" means an individual under 18 years [
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 [
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 [
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 [
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 [
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[
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 [
290 potential disposition for the offense charged; or
291 (b) consult with counsel and participate in the proceedings against [
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 [
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 [
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 [
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" [
323
324 (i) marriage;
325 (ii) enlistment; and
326 (iii) major medical, surgical, or psychiatric treatment.
327 [
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 [
332 to a child.
333 [
334 harm to a child.
335 [
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 [
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 [
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 [
378 but for the age of the offender.
379 [
380 drugs or substances.
381 [
382 62A-4a-101.
383 [
384 [
385 parental rights and duties, including residual parental rights and duties, by court order.
386 [
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 [
392 indicating that the child is at an unreasonable risk of harm or neglect.
393 [
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 [
405 62A-4a-101.
406 [
407 62A-4a-101.
408 [
409 assesses a minor's risk of reoffending and a minor's criminogenic needs.
410 [
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 [
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 [
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 [
436 [
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 [
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 [
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 [
474
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 [
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 [
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 [
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 [
526 immediately notify the juvenile court when [
527 under 18 years [
528 transfer of 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 [
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 [
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 [
552 proceeding with the court exercising equitable powers.
553 (2) (a) An adjudication by a juvenile court that a minor is within [
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 [
558 (ii) disqualify the minor for any civil service or military service or appointment.
559 (3) [
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 [
562
563 (b) Except as provided in Sections 78A-6-702 and 78A-6-703, if a petition [
564 is filed in the juvenile court, [
565 prosecution based on the same facts [
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 [
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[
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 [
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 [
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) [
620
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 [
624
625 shall transfer the case to the juvenile court[
626 transcripts of any testimony [
627
628 (2) (a) [
629 making the transfer shall:
630 (i) order the [
631 place of detention designated by the juvenile court[
632 (ii) release [
633 guardian, or other person legally responsible for [
634 juvenile court at a time designated by [
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 [
646 court shall [
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 [
654
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 [
661 (b) If the arrested minor is taken to a detention facility, [
662
663 within 72 hours, excluding weekends and holidays. [
664
665
666 [
667
668
669
670
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 [
724 court's probation department shall offer a nonjudicial adjustment to a minor if the minor:
725 [
726 offense;
727 [
728 [
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 [
741
742
743 [
744
745
746
747 [
748 [
749
750 [
751
752
753 [
754 [
755
756
757 [
758
759
760
761 [
762 [
763
764
765 [
766 may offer a nonjudicial adjustment to [
767 provided in Subsection [
768 [
769
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 [
800 a minor an offer of nonjudicial adjustment due to [
801 penalty under Subsection [
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 [
807 more than 90 days [
808 juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
809 (e) (i) Notwithstanding Subsection (10)(d), a juvenile court judge may extend a
810 nonjudicial adjustment beyond the 180 days permitted under Subsection (10)(d) for a minor
811 who is offered a nonjudicial adjustment under Subsection (7)(b) for a sexual offense under
812 Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (11)(b)(ii) for a
813 sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed
814 before the minor was 12 years old, if the judge determines that:
815 (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
816 (B) the treatment cannot be completed within 180 days after the day on which the
817 minor entered into the nonjudicial adjustment; and
818 (C) the treatment is necessary based on a clinical assessment that is developmentally
819 appropriate for the minor.
820 (ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
821 (10)(e)(i), the judge may extend the nonjudicial adjustment until the minor completes the
822 treatment under this Subsection (10)(e), but the judge may only grant each extension for 90
823 days at a time.
824 (f) If a minor violates Section 76-10-105, the minor may be required to pay a fine or
825 penalty and participate in a court-approved tobacco education program with a participation fee.
826 [
827 [
828
829 [
830 [
831
832 [
833
834
835 [
836 [
837
838 [
839
840 [
841 [
842 [
843 [
844 [
845 [
846 [
847
848 [
849
850
851
852 [
853
854 Subsection (5) or (6), a minor fails to substantially comply with [
855 agreed upon as part of the nonjudicial [
856 declines a nonjudicial adjustment [
857
858 Subsection (7), the prosecuting attorney shall:
859 (a) review the case; and
860 (b) (i) dismiss the case;
861 (ii) refer the case back to the probation department for a new attempt at nonjudicial
862 adjustment; or
863 (iii) [
864 78A-6-602.5(2), file a petition with the court.
865 [
866 (12) (a) A prosecuting attorney may file a petition only upon reasonable belief that:
867 (i) the charges are supported by probable cause;
868 (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
869 doubt; and
870 (iii) the decision to charge is in the interests of justice.
871 [
872 under Subsection [
873 conditions agreed upon in accordance with Subsection [
874 imposed through any other court diversion program.
875 [
876
877
878 [
879
880 [
881 [
882 [
883
884 [
885 [
886 [
887
888 [
889
890 [
891
892 (13) A prosecuting attorney may not file a petition against a minor unless:
893 (a) the prosecuting attorney has statutory authority to file the petition under Section
894 78A-6-602.5; and
895 (b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection (7);
896 (ii) the minor declines nonjudicial adjustment;
897 (iii) the minor fails to substantially comply with the conditions agreed upon as part of
898 the nonjudicial adjustment;
899 (iv) the minor fails to respond to the probation department's inquiry regarding
900 eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
901 preliminary inquiry; or
902 (v) the prosecuting attorney is acting under Subsection (11).
903 [
904 proceeding is commenced against a minor under Section 78A-6-603, the court may refer the
905 case to the probation department for another offer of nonjudicial adjustment.
906 [
907
908
909
910 [
911
912
913
914 [
915
916
917
918
919
920 [
921 the basis of dismissing the formal referral.
922 Section 10. Section 78A-6-602.5 is enacted to read:
923 78A-6-602.5. Petition for a delinquency proceeding -- Criminal information.
924 (1) A prosecuting attorney shall file a petition to commence a proceeding against a
925 minor for an adjudication of an alleged offense, except as provided in:
926 (a) Subsection (2);
927 (b) Subsection (3);
928 (c) Section 78A-6-603;
929 (d) Section 78A-6-701; and
930 (e) Section 78A-6-702.
931 (2) A prosecuting attorney may not file a petition under Subsection (1) against an
932 individual for an offense alleged to have occurred before the individual was 12 years old,
933 unless:
934 (a) the individual is alleged to have committed a felony violation of:
935 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
936 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
937 (iii) Section 76-5-203, murder or attempted murder;
938 (iv) Section 76-5-302, aggravated kidnapping;
939 (v) Section 76-5-405, aggravated sexual assault;
940 (vi) Section 76-6-103, aggravated arson;
941 (vii) Section 76-6-203, aggravated burglary;
942 (viii) Section 76-6-302, aggravated robbery; or
943 (ix) Section 76-10-508.1, felony discharge of a firearm; or
944 (b) an offer for a nonjudicial adjustment is made under Section 78A-6-602 and the
945 minor:
946 (i) declines to accept the offer for the nonjudicial adjustment; or
947 (ii) fails to substantially comply with the conditions agreed upon as part of the
948 nonjudicial adjustment.
949 (3) Except as provided in Sections 78A-6-701 and 78A-6-702, if a minor was 14 years
950 old or older at the time the offense was alleged to have occurred, the prosecuting attorney may
951 commence an action by filing:
952 (a) a criminal information in the juvenile court; and
953 (b) a motion requesting the juvenile court waive the court's jurisdiction and certify the
954 minor to the district court under Section 78A-6-703.
955 Section 11. Section 78A-6-603 is amended to read:
956 78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
957 appear.
958 [
959
960 (1) A petition is not required to commence a proceeding against a minor for an
961 adjudication of an alleged offense if a citation is issued for an offense for which the court has
962 jurisdiction over and the offense listed in the citation is for:
963 (a) a violation of a wildlife law;
964 (b) a violation of a boating law;
965 (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
966 infraction:
967 (i) for a traffic violation; or
968 (ii) designated as a citable offense by general order of the Board of Juvenile Court
969 Judges;
970 (d) a class B misdemeanor or infraction for a traffic violation where the individual is
971 15 years old or younger at the time the offense was alleged to have occurred;
972 (e) an infraction or misdemeanor designated as a citable offense by a general order of
973 the Board of Juvenile Court Judges; or
974 (f) a violation of Subsection 76-10-105(2).
975 (2) [
976 citation for an offense listed in Subsection (1) shall be submitted to the court within five days
977 of issuance to a minor.
978 (3) A copy of the citation shall contain:
979 (a) the name and address of the [
980 required to appear;
981 (b) the name of the minor cited;
982 (c) the statute or local ordinance that the minor is alleged to have [
983 (d) a brief description of the offense charged;
984 (e) the date, time, and location at which the offense is alleged to have occurred;
985 (f) the date the citation was issued;
986 (g) the name and badge or identification number of the peace officer or public official
987 who issued the citation;
988 (h) the name of the arresting person if an arrest was made by a private party and the
989 citation was issued in lieu of taking the arrested minor into custody as provided in Section
990 78A-6-112;
991 (i) [
992 parent or legal guardian are to appear when notified by the [
993 (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
994 appear at the [
995 (4) A copy of the citation shall contain space for the following information to be
996 entered if known:
997 (a) the minor's address;
998 (b) the minor's date of birth;
999 (c) the name and address of the child's custodial parent or legal guardian, if different
1000 from the child; and
1001 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
1002 this information shall be removed from the documents the minor receives.
1003 (5) A citation received by the court beyond the time designated in Subsection (2) shall
1004 include a written explanation for the delay.
1005 [
1006
1007 [
1008 [
1009 [
1010 [
1011
1012 [
1013 [
1014
1015 [
1016 [
1017 been committed by an enrolled child on school property or related to school attendance, may
1018 only be [
1019 accordance with Section 53G-8-211.
1020 (7) If a court receives a citation described in Subsection (1), the court's probation
1021 department shall make a preliminary inquiry as to whether the minor is eligible for a
1022 nonjudicial adjustment in accordance with Subsection 78A-6-602(7).
1023 (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a
1024 prosecuting attorney may commence a proceeding against a minor, without filing a petition, for
1025 an adjudication of the offense in the citation only if:
1026 (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment in
1027 accordance with Section 78A-6-602; and
1028 (ii) the prosecuting attorney conducts an inquiry under Subsection (9).
1029 (b) Except as provided in Subsection 78A-6-602.5(2), a prosecuting attorney may not
1030 commence a proceeding against an individual for any offense listed in a citation alleged to have
1031 occurred before the individual was 12 years old.
1032 [
1033 [
1034 (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable
1035 belief, that:
1036 [
1037 [
1038 reasonable doubt; and
1039 [
1040 [
1041 [
1042 [
1043
1044
1045 [
1046
1047 (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor
1048 shall appear at the court at a date and time established by the court.
1049 (11) [
1050 [
1051 (8)(a), the court may:
1052 (a) find the minor in contempt of court[
1053 (b) proceed against the minor as provided in Section 78A-6-1101.
1054 (12) When a [
1055 be posted and forfeited under Section 78A-6-113 with the consent of:
1056 (a) the court; and
1057 (b) if the minor is a child, the parent or legal guardian of the child cited.
1058 Section 12. Section 78A-6-703 is amended to read:
1059 78A-6-703. Certification hearings -- Juvenile court to hold preliminary hearing --
1060 Factors considered by juvenile court for waiver of jurisdiction to district court.
1061 (1) If a criminal information filed in accordance with Subsection [
1062 78A-6-602.5(3) alleges the commission of an act [
1063 committed by an adult, the juvenile court shall conduct a preliminary hearing.
1064 (2) At the preliminary hearing the state shall have the burden of going forward with
1065 [
1066 (a) probable cause to believe that a crime was committed and that the [
1067 minor committed it; and
1068 (b) by a preponderance of the evidence, that it would be contrary to the best interests of
1069 the minor or of the public for the juvenile court to retain jurisdiction.
1070 (3) In considering whether or not it would be contrary to the best interests of the minor
1071 or of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider,
1072 and may base its decision on, the finding of one or more of the following factors:
1073 (a) the seriousness of the offense and whether the protection of the community requires
1074 isolation of the minor beyond that afforded by juvenile facilities;
1075 (b) whether the alleged offense was committed by the minor under circumstances
1076 [
1077 minor were adult and the offense was committed:
1078 (i) in concert with two or more persons;
1079 (ii) for the benefit of, at the direction of, or in association with any criminal street gang
1080 as defined in Section 76-9-802; or
1081 (iii) to gain recognition, acceptance, membership, or increased status with a criminal
1082 street gang as defined in Section 76-9-802;
1083 (c) whether the alleged offense was committed in an aggressive, violent, premeditated,
1084 or willful manner;
1085 (d) whether the alleged offense was against persons or property, greater weight being
1086 given to offenses against persons, except as provided in Section 76-8-418;
1087 (e) the maturity of the minor as determined by considerations of the minor's home,
1088 environment, emotional attitude, and pattern of living;
1089 (f) the record and previous history of the minor;
1090 (g) the likelihood of rehabilitation of the minor by use of facilities available to the
1091 juvenile court;
1092 (h) the desirability of trial and disposition of the entire offense in one court when the
1093 minor's associates in the alleged offense are adults who will be charged with a crime in the
1094 district court;
1095 (i) whether the minor used a firearm in the commission of an offense; and
1096 (j) whether the minor possessed a dangerous weapon on or about school premises as
1097 provided in Section 76-10-505.5.
1098 (4) The amount of weight to be given to each of the factors listed in Subsection (3) is
1099 discretionary with the court.
1100 (5) (a) [
1101 the minor's mental, physical, educational, and social history [
1102 (b) If requested by the minor, the minor's parent, guardian, or other interested party, the
1103 court shall require the person or agency preparing the report and other material to appear and
1104 be subject to both direct and cross-examination.
1105 (6) At the conclusion of the state's case, the minor may testify under oath, call
1106 witnesses, cross-examine adverse witnesses, and present evidence on the factors required by
1107 Subsection (3).
1108 (7) At the time the minor is bound over to the district court, the juvenile court shall
1109 make the initial determination on where the minor shall be held.
1110 (8) The juvenile court shall consider the following when determining where the minor
1111 will be held until the time of trial:
1112 (a) the age of the minor;
1113 (b) the nature, seriousness, and circumstances of the alleged offense;
1114 (c) the minor's history of prior criminal acts;
1115 (d) whether detention in a juvenile detention facility will adequately serve the need for
1116 community protection pending the outcome of any criminal proceedings;
1117 (e) whether the minor's placement in a juvenile detention facility will negatively impact
1118 the functioning of the facility by compromising the goals of the facility to maintain a safe,
1119 positive, and secure environment for all minors within the facility;
1120 (f) the relative ability of the facility to meet the needs of the minor and protect the
1121 public;
1122 (g) whether the minor presents an imminent risk of harm to the minor or others within
1123 the facility;
1124 (h) the physical maturity of the minor;
1125 (i) the current mental state of the minor as evidenced by relevant mental health or
1126 psychological assessments or screenings that are made available to the court; and
1127 (j) any other factors the court considers relevant.
1128 (9) If a minor is ordered to a juvenile detention facility under Subsection (8), the minor
1129 shall remain in the facility until released by a district court judge, or if convicted, until
1130 sentencing.
1131 (10) A minor held in a juvenile detention facility under this section shall have the same
1132 right to bail as any other criminal defendant.
1133 (11) If the minor ordered to a juvenile detention facility under Subsection (8) attains
1134 the age of 18 years, the minor shall be transferred within 30 days to an adult jail until released
1135 by the district court judge, or if convicted, until sentencing.
1136 (12) A minor 16 years of age or older whose conduct or condition endangers the safety
1137 or welfare of others in the juvenile detention facility may, by court order that specifies the
1138 reasons, be detained in another place of confinement considered appropriate by the court,
1139 including jail or other place of confinement for adults.
1140 (13) The district court may reconsider the decision on where the minor shall be held
1141 pursuant to Subsection (7).
1142 (14) If the court finds the state has met its burden under Subsection (2), the court may
1143 enter an order:
1144 (a) certifying that finding; and
1145 (b) directing that the minor be held for criminal proceedings in the district court.
1146 (15) If an indictment is returned by a grand jury, the preliminary examination held by
1147 the juvenile court need not include a finding of probable cause, but the juvenile court shall
1148 proceed in accordance with this section regarding the additional consideration referred to in
1149 Subsection (2)(b).
1150 (16) Title 78B, Chapter 22, Indigent Defense Act, Section 78A-6-115, and other
1151 provisions relating to proceedings in juvenile cases are applicable to the hearing held under this
1152 section to the extent they are pertinent.
1153 (17) A minor who has been directed to be held for criminal proceedings in the district
1154 court is not entitled to a preliminary examination in the district court.
1155 (18) A minor who has been certified for trial in the district court shall have the same
1156 right to bail as any other criminal defendant and shall be advised of that right by the juvenile
1157 court judge. The juvenile court shall set initial bail in accordance with Title 77, Chapter 20,
1158 Bail.
1159 (19) When a minor has been certified to the district court under this section, the
1160 jurisdiction of the Division of Juvenile Justice Services and the jurisdiction of the juvenile
1161 court over the minor is terminated regarding that offense, any other offenses arising from the
1162 same criminal episode, and any subsequent misdemeanors or felonies charged against the
1163 minor, except as provided in Subsection (21) or Section 78A-6-705.
1164 (20) If a minor enters a plea to, or is found guilty of any of the charges filed or on any
1165 other offense arising out of the same criminal episode, the district court retains jurisdiction
1166 over the minor for all purposes, including sentencing.
1167 (21) The juvenile court under Section 78A-6-103 and the Division of Juvenile Justice
1168 Services regain jurisdiction and any authority previously exercised over the minor when there
1169 is an acquittal, a finding of not guilty, or dismissal of all charges in the district court.
1170 Section 13. Section 78A-7-106 is amended to read:
1171 78A-7-106. Jurisdiction.
1172 (1) [
1173 misdemeanors, violation of ordinances, and infractions committed within [
1174 territorial jurisdiction by [
1175 (2) Except those offenses over which the juvenile court has exclusive jurisdiction,
1176 [
1177 within [
1178 years [
1179 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
1180 Licensing Act; and
1181 (b) class B and C misdemeanor and infraction violations of:
1182 (i) Title 23, Wildlife Resources Code of Utah;
1183 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
1184 (iii) Title 41, Chapter 6a, Traffic Code;
1185 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
1186 Operators Act;
1187 (v) Title 41, Chapter 22, Off-Highway Vehicles;
1188 (vi) Title 73, Chapter 18, State Boating Act;
1189 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
1190 (viii) Title 73, Chapter 18b, Water Safety; and
1191 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
1192 Operators Act.
1193 (3) As used in this section, "the court's jurisdiction" means the territorial jurisdiction of
1194 a justice court.
1195 (4) An offense is committed within the territorial jurisdiction of a justice court if:
1196 (a) conduct constituting an element of the offense or a result constituting an element of
1197 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
1198 itself unlawful;
1199 (b) either [
1200 located within the court's jurisdiction at the time the offense is committed;
1201 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
1202 within the court's jurisdiction;
1203 (d) [
1204 offense within the court's jurisdiction, including an agreement in a conspiracy;
1205 (e) [
1206 another [
1207 jurisdiction;
1208 (f) the investigation of the offense does not readily indicate in which court's
1209 jurisdiction the offense occurred, and:
1210 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
1211 passing within the court's jurisdiction;
1212 (ii) (A) the offense is committed on or in any body of water bordering on or within this
1213 state if the territorial limits of the justice court are adjacent to the body of water; and
1214 (B) as used in Subsection(4)(f)(ii)(A), "body of water" includes any stream, river, lake,
1215 or reservoir, whether natural or man-made;
1216 (iii) [
1217 property within the court's jurisdiction; or
1218 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
1219 (g) the offense consists of an unlawful communication that was initiated or received
1220 within the court's jurisdiction; or
1221 (h) jurisdiction is otherwise specifically provided by law.
1222 (5) A justice court judge may transfer a criminal matter in which the defendant is a
1223 child to the juvenile court for further proceedings if the justice court judge determines and the
1224 juvenile court concurs that the best interests of the minor would be served by the continuing
1225 jurisdiction of the juvenile court[
1226 (6) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
1227 Small Claims Courts, if a defendant resides in or the debt arose within the territorial
1228 jurisdiction of the justice court.
1229 Section 14. Effective date.
1230 (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2020.
1231 (2) The actions affecting Section 76-10-105 (Effective 07/01/20) take effect on July 1,
1232 2020.