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7 LONG TITLE
8 General Description:
9 This bill addresses provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 ▸ adds and modifies definitions;
13 ▸ amends provisions regarding offenses committed by minors on school property,
14 including requiring a referral to the Division of Juvenile Justice Services if a minor
15 refuses to participate in an evidence-based intervention;
16 ▸ amends a sunset date related to offenses committed by minors on school property;
17 ▸ clarifies a reporting requirement for the Division of Juvenile Justice Services;
18 ▸ defines the term "defendant" in Title 77, Chapter 38a, Crime Victims Restitution
19 Act, to exclude a minor who is adjudicated, or enters into a nonjudicial adjustment,
20 for any offense under Title 78A, Chapter 6, Juvenile Court Act;
21 ▸ amends and clarifies the jurisdiction of the juvenile court, district court, and justice
22 court regarding offenses committed by minors;
23 ▸ requires a peace officer to have probable cause in order to take a minor into custody;
24 ▸ requires a probable cause determination and detention hearing within 24 hours of a
25 minor being held for detention;
26 ▸ allows a court to order secure confinement for a minor if a minor's conduct resulted
27 in death;
28 ▸ requires a prosecutor or the court's probation department to notify a victim of the
29 restitution process;
30 ▸ requires a victim to provide the prosecutor with certain information for restitution;
31 ▸ amends the amount of time that restitution may be requested;
32 ▸ exempts certain offenses committed by a minor from the presumptive timeframes
33 for custody and supervision;
34 ▸ modifies the continuing jurisdiction of the juvenile court;
35 ▸ amends the exclusive jurisdiction of the district court over minors who committed
36 certain offenses;
37 ▸ amends requirements for minors who are charged in the district court for certain
38 offenses;
39 ▸ repeals the certification and transfer of minors who committed certain offenses to
40 the district court;
41 ▸ allows that a criminal information may be filed for minors who are 14 years old or
42 older and are alleged to have committed certain offenses;
43 ▸ requires a preliminary hearing before a juvenile court to determine whether a minor,
44 for which a criminal information or indictment has been filed, will be bound over to
45 the district court to be held for trial;
46 ▸ provides the requirements for binding a minor over to the district court;
47 ▸ provides the detention requirements for a minor who has been bound over to the
48 district court;
49 ▸ allows a juvenile court to extend continuing jurisdiction over a minor to the age of
50 25 years old if a minor is not bound over to the district court; and
51 ▸ makes technical and conforming changes.
52 Money Appropriated in this Bill:
53 None
54 Other Special Clauses:
55 This bill provides a special effective date.
56 This bill provides coordination clauses.
57 Utah Code Sections Affected:
58 AMENDS:
59 17-18a-404, as last amended by Laws of Utah 2017, Chapter 330
60 53-10-403, as last amended by Laws of Utah 2017, Chapter 289
61 53G-8-211, as last amended by Laws of Utah 2019, Chapter 293
62 62A-4a-201, as last amended by Laws of Utah 2019, Chapters 136, 335, and 388
63 62A-7-101, as last amended by Laws of Utah 2019, Chapters 162 and 246
64 62A-7-104, as last amended by Laws of Utah 2019, Chapter 246
65 62A-7-105.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
66 62A-7-107.5, as last amended by Laws of Utah 2017, Chapter 330
67 62A-7-108.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
68 62A-7-109.5, as last amended by Laws of Utah 2017, Chapter 330
69 62A-7-111.5, as last amended by Laws of Utah 2007, Chapter 308
70 62A-7-113, as enacted by Laws of Utah 2019, Chapter 162
71 62A-7-201, as last amended by Laws of Utah 2019, Chapter 246
72 62A-7-401.5, as last amended by Laws of Utah 2019, Chapter 246
73 62A-7-402, as renumbered and amended by Laws of Utah 2005, Chapter 13
74 62A-7-403, as renumbered and amended by Laws of Utah 2005, Chapter 13
75 62A-7-501, as last amended by Laws of Utah 2019, Chapter 246
76 62A-7-502, as last amended by Laws of Utah 2019, Chapter 246
77 62A-7-504, as last amended by Laws of Utah 2017, Chapter 330
78 62A-7-505, as renumbered and amended by Laws of Utah 2005, Chapter 13
79 62A-7-506, as last amended by Laws of Utah 2019, Chapter 246
80 62A-7-507, as renumbered and amended by Laws of Utah 2005, Chapter 13
81 62A-7-701, as last amended by Laws of Utah 2019, Chapter 246
82 62A-7-702, as renumbered and amended by Laws of Utah 2005, Chapter 13
83 63I-1-253, as last amended by Laws of Utah 2019, Chapters 90, 136, 166, 173, 246,
84 325, 344 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
85 246
86 76-3-406, as last amended by Laws of Utah 2019, Chapter 189
87 76-5-401.3, as enacted by Laws of Utah 2017, Chapter 397
88 76-10-105 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter 415
89 76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
90 76-10-1302, as last amended by Laws of Utah 2019, Chapters 26, 189, and 200
91 77-2-9, as last amended by Laws of Utah 2017, Chapter 397
92 77-38a-102, as last amended by Laws of Utah 2017, Chapter 304
93 77-38a-302, as last amended by Laws of Utah 2019, Chapter 171
94 77-38a-404, as last amended by Laws of Utah 2017, Chapter 304
95 78A-5-102, as last amended by Laws of Utah 2010, Chapter 34
96 78A-6-103, as last amended by Laws of Utah 2019, Chapter 300
97 78A-6-104, as last amended by Laws of Utah 2019, Chapter 188
98 78A-6-105, as last amended by Laws of Utah 2019, Chapters 335 and 388
99 78A-6-108, as renumbered and amended by Laws of Utah 2008, Chapter 3
100 78A-6-112, as last amended by Laws of Utah 2018, Chapter 415
101 78A-6-113, as last amended by Laws of Utah 2018, Chapter 285
102 78A-6-116, as last amended by Laws of Utah 2010, Chapter 38
103 78A-6-117, as last amended by Laws of Utah 2019, Chapters 162 and 335
104 78A-6-118, as last amended by Laws of Utah 2017, Chapter 330
105 78A-6-120, as last amended by Laws of Utah 2017, Chapter 330
106 78A-6-306, as last amended by Laws of Utah 2019, Chapters 136, 326, and 335
107 78A-6-312, as last amended by Laws of Utah 2019, Chapters 136, 335, and 388
108 78A-6-601, as last amended by Laws of Utah 2010, Chapter 38
109 78A-6-602, as last amended by Laws of Utah 2018, Chapters 117 and 415
110 78A-6-603, as last amended by Laws of Utah 2018, Chapters 117 and 415
111 78A-6-704, as renumbered and amended by Laws of Utah 2008, Chapter 3
112 78A-6-705, as enacted by Laws of Utah 2015, Chapter 338
113 78A-6-1107, as renumbered and amended by Laws of Utah 2008, Chapter 3
114 78A-6-1108, as last amended by Laws of Utah 2011, Chapter 208
115 78A-7-106, as last amended by Laws of Utah 2019, Chapter 136
116 78B-6-105, as last amended by Laws of Utah 2013, Chapter 458
117 ENACTS:
118 62A-7-404.5, Utah Code Annotated 1953
119 78A-6-703.1, Utah Code Annotated 1953
120 78A-6-703.2, Utah Code Annotated 1953
121 78A-6-703.3, Utah Code Annotated 1953
122 78A-6-703.4, Utah Code Annotated 1953
123 78A-6-703.5, Utah Code Annotated 1953
124 78A-6-703.6, Utah Code Annotated 1953
125 REPEALS AND REENACTS:
126 62A-7-404, as last amended by Laws of Utah 2017, Chapter 330
127 REPEALS:
128 78A-6-701, as last amended by Laws of Utah 2017, Chapter 330
129 78A-6-702, as last amended by Laws of Utah 2015, Chapter 338
130 78A-6-703, as last amended by Laws of Utah 2019, Chapter 326
131 Utah Code Sections Affected by Coordination Clause:
132 76-10-105, as last amended by Laws of Utah 2019, Chapter 232
133 76-10-1302, as last amended by Laws of Utah 2019, Chapters 26, 189, and 200
134 78A-6-105, as last amended by Laws of Utah 2019, Chapters 335 and 388
135 78A-6-116, as last amended by Laws of Utah 2010, Chapter 38
136 78A-6-601, as last amended by Laws of Utah 2010, Chapter 38
137 78A-6-602, as last amended by Laws of Utah 2018, Chapters 117 and 415
138 78A-6-602.5, Utah Code Annotated 1953
139 78A-6-603, as last amended by Laws of Utah 2018, Chapters 117 and 415
140
141 Be it enacted by the Legislature of the state of Utah:
142 Section 1. Section 17-18a-404 is amended to read:
143 17-18a-404. Juvenile proceedings.
144 For a proceeding involving [
145
146 (1) review cases pursuant to Section 78A-6-602; and
147 (2) appear and prosecute for the state in the juvenile court of the county.
148 Section 2. Section 53-10-403 is amended to read:
149 53-10-403. DNA specimen analysis -- Application to offenders, including minors.
150 (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
151 who:
152 (a) has pled guilty to or has been convicted of any of the offenses under Subsection
153 (2)(a) or (b) on or after July 1, 2002;
154 (b) has pled guilty to or has been convicted by any other state or by the United States
155 government of an offense which if committed in this state would be punishable as one or more
156 of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
157 (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
158 offense under Subsection (2)(c);
159 (d) has been booked:
160 (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
161 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
162 (ii) on or after January 1, 2015, for any felony offense; or
163 (e) is a minor under Subsection (3).
164 (2) Offenses referred to in Subsection (1) are:
165 (a) any felony or class A misdemeanor under the Utah Code;
166 (b) any offense under Subsection (2)(a):
167 (i) for which the court enters a judgment for conviction to a lower degree of offense
168 under Section 76-3-402; or
169 (ii) regarding which the court allows the defendant to enter a plea in abeyance as
170 defined in Section 77-2a-1; or
171 (c) (i) any violent felony as defined in Section 53-10-403.5;
172 (ii) sale or use of body parts, Section 26-28-116;
173 (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
174 (iv) driving with any amount of a controlled substance in a person's body and causing
175 serious bodily injury or death, Subsection 58-37-8(2)(g);
176 (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
177 (vi) a felony violation of propelling a substance or object at a correctional officer, a
178 peace officer, or an employee or a volunteer, including health care providers, Section
179 76-5-102.6;
180 (vii) aggravated human trafficking and aggravated human smuggling, Section
181 76-5-310;
182 (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
183 (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
184 (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
185 (xi) sale of a child, Section 76-7-203;
186 (xii) aggravated escape, Subsection 76-8-309(2);
187 (xiii) a felony violation of assault on an elected official, Section 76-8-315;
188 (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
189 Pardons and Parole, Section 76-8-316;
190 (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
191 (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
192 (xvii) a felony violation of sexual battery, Section 76-9-702.1;
193 (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
194 (xix) a felony violation of abuse or desecration of a dead human body, Section
195 76-9-704;
196 (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
197 76-10-402;
198 (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
199 Section 76-10-403;
200 (xxii) possession of a concealed firearm in the commission of a violent felony,
201 Subsection 76-10-504(4);
202 (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
203 Subsection 76-10-1504(3);
204 (xxiv) commercial obstruction, Subsection 76-10-2402(2);
205 (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
206 77-41-107;
207 (xxvi) repeat violation of a protective order, Subsection 77-36-1.1(2)(c); or
208 (xxvii) violation of condition for release after arrest under Section 77-20-3.5 .
209 (3) A minor under Subsection (1) is a minor 14 years [
210
211 the commission of any offense described in Subsection (2), and who [
212 (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
213 court on or after July 1, 2002 [
214 (b) is in the legal custody of the Division of Juvenile Justice Services on or after July 1,
215 2002, for an offense under Subsection (2).
216 Section 3. Section 53G-8-211 is amended to read:
217 53G-8-211. Responses to school-based behavior.
218 (1) As used in this section:
219 (a) "Evidence-based" means a program or practice that has:
220 (i) had multiple randomized control studies or a meta-analysis demonstrating that the
221 program or practice is effective for a specific population;
222 (ii) been rated as effective by a standardized program evaluation tool; or
223 (iii) been approved by the state board.
224 (b) "Minor" means the same as that term is defined in Section 78A-6-105.
225 [
226 Section 78A-6-105.
227 (d) "Prosecuting attorney" means the same as that term is defined in Subsections
228 78A-6-105(b) and (c).
229 [
230 used or adopted by a local education agency that is designed:
231 (i) to enhance school safety, reduce school suspensions, and limit referrals [
232
233 (ii) to help minors take responsibility for and repair [
234 occurs in school.
235 [
236 [
237 instruction for which student attendance is counted toward calculating average daily
238 membership.
239 [
240 Section 53-13-103, who contracts with, is employed by, or whose law enforcement agency
241 contracts with a local education agency to provide law enforcement services for the local
242 education agency.
243 [
244 camp, clinic, or other event or activity that is authorized by a specific local education agency or
245 public school, according to LEA governing board policy, and satisfies at least one of the
246 following conditions:
247 (A) the activity is managed or supervised by a local education agency or public school,
248 or local education agency or public school employee;
249 (B) the activity uses the local education [
250 equipment, or other school resources; or
251 (C) the activity is supported or subsidized, more than inconsequentially, by public
252 funds, including the public school's activity funds or Minimum School Program dollars.
253 (ii) "School-sponsored activity" includes preparation for and involvement in a public
254 performance, contest, athletic competition, demonstration, display, or club activity.
255 [
256 [
257 (ii) [
258 "Status offense" does not mean an offense that by statute is [
259 (2) This section applies to a minor enrolled in school who is alleged to have committed
260 an offense at the school where the student is enrolled:
261 (a) on school property where the student is enrolled:
262 (i) when school is in session; or
263 (ii) during a school-sponsored activity; or
264 (b) that is truancy.
265 (3) (a) [
266 have committed an offense that is a class C misdemeanor, an infraction, a status offense on
267 school property, or an offense that is truancy[
268
269 (i) a school district or school may not refer the minor to a law enforcement officer or
270 agency or a court; and
271 (ii) a law enforcement officer or agency may not refer the minor to a prosecuting
272 attorney or a court.
273 (b) Except as provided in Subsection (3)(e), if a minor is alleged to have committed an
274 offense that is a class C misdemeanor, an infraction, a status offense on school property, or an
275 offense that is truancy, a school district, school, or law enforcement officer or agency may refer
276 the minor to evidence-based alternative interventions, including:
277 (i) a mobile crisis outreach team, as defined in Section 78A-6-105;
278 (ii) a [
279 Services in accordance with Section 62A-7-104;
280 (iii) a youth court or comparable restorative justice program;
281 (iv) evidence-based interventions created and developed by the school or school
282 district; and
283 (v) other evidence-based interventions that may be jointly created and developed by a
284 local education agency, the state board, the juvenile court, local counties and municipalities,
285 the Department of Health, or the Department of Human Services.
286 [
287 (i) investigate possible criminal offenses and conduct, including conducting probable
288 cause searches;
289 (ii) consult with school administration about the conduct of a minor enrolled in a
290 school;
291 (iii) transport a minor enrolled in a school to a location if the location is permitted by
292 law;
293 (iv) take temporary custody of a minor [
294 78A-6-112(1); or
295 (v) protect the safety of students and the school community, including the use of
296 reasonable and necessary physical force when appropriate based on the totality of the
297 circumstances.
298 [
299 [
300 is not in session [
301 may refer the minor to:
302 (i) a prosecuting attorney or a court; or [
303 (ii) evidence-based alternative interventions at the discretion of the law enforcement
304 officer.
305 (e) If a minor is alleged to have committed a traffic offense that is an infraction, a
306 school district, a school, or a law enforcement officer or agency may refer the minor to a
307 prosecuting attorney or a court for the traffic offense.
308 [
309
310 (4) A school district or school [
311 early intervention youth services, as described in Section 62A-7-104, by the Division of
312 Juvenile Justice Services for a class C misdemeanor committed on school property or for being
313 a habitual truant, as defined in Section 53G-6-201, if the minor refuses to participate in an
314 evidence-based alternative intervention described in Subsection (3)[
315 (5) A school district or school may refer a minor to a court or a law enforcement officer
316 or agency for an alleged class C misdemeanor committed on school property or for allegedly
317 being a habitual truant, as defined in Section 53G-6-201, if the minor:
318 (a) refuses to participate in an evidence-based alternative intervention under Subsection
319 (3)(b); and
320 (b) fails to participate in prevention and early intervention youth services provided by
321 the Division of Juvenile Justice Services under Subsection (4).
322 [
323 agency under Subsection [
324 continue to engage with the minor and the minor's family through the court process.
325 [
326 not be a school resource officer.
327 (c) A school district or school shall include the following in [
328 school's referral to the court or the law enforcement officer or agency:
329 (i) attendance records for the minor;
330 (ii) a report of evidence-based alternative interventions used by the school before the
331 referral, including outcomes;
332 (iii) the name and contact information of the school representative assigned to actively
333 participate in the court process with the minor and the minor's family; [
334 (iv) a report from the Division of Juvenile Justice Services that demonstrates the
335 minor's failure to complete or participate in prevention and early intervention youth services
336 under Subsection (4); and
337 [
338 (d) A minor referred to a court under [
339 ordered to or placed in secure detention, including for a contempt charge or violation of a valid
340 court order under Section 78A-6-1101, when the underlying offense is a class C misdemeanor
341 occurring on school property or habitual truancy.
342 (e) If a minor is referred to a court under [
343 may use, when available, the resources of the Division of Juvenile Justice Services or the
344 Division of Substance Abuse and Mental Health to address the minor.
345 [
346
347 administrator's designee, or a school resource officer[
348 the minor directly to a juvenile court or to the evidence-based alternative interventions in
349 Subsection (3)[
350 Section 4. Section 62A-4a-201 is amended to read:
351 62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of
352 state.
353 (1) (a) Under both the United States Constitution and the constitution of this state, a
354 parent possesses a fundamental liberty interest in the care, custody, and management of the
355 parent's children. A fundamentally fair process must be provided to parents if the state moves
356 to challenge or interfere with parental rights. A governmental entity must support any actions
357 or allegations made in opposition to the rights and desires of a parent regarding the parent's
358 children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
359 protection against government interference with the parent's fundamental rights and liberty
360 interests and, concomitantly, the right of the child to be reared by the child's natural parent.
361 (b) The fundamental liberty interest of a parent concerning the care, custody, and
362 management of the parent's children is recognized, protected, and does not cease to exist
363 simply because a parent may fail to be a model parent or because the parent's child is placed in
364 the temporary custody of the state. At all times, a parent retains a vital interest in preventing
365 the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
366 action in relation to parents and their children may not exceed the least restrictive means or
367 alternatives available to accomplish a compelling state interest. Until the state proves parental
368 unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
369 the child and the child's parents share a vital interest in preventing erroneous termination of
370 their natural relationship and the state cannot presume that a child and the child's parents are
371 adversaries.
372 (c) It is in the best interest and welfare of a child to be raised under the care and
373 supervision of the child's natural parents. A child's need for a normal family life in a
374 permanent home, and for positive, nurturing family relationships is usually best met by the
375 child's natural parents. Additionally, the integrity of the family unit and the right of parents to
376 conceive and raise their children are constitutionally protected. The right of a fit, competent
377 parent to raise the parent's child without undue government interference is a fundamental
378 liberty interest that has long been protected by the laws and Constitution and is a fundamental
379 public policy of this state.
380 (d) The state recognizes that:
381 (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
382 train, educate, provide and care for, and reasonably discipline the parent's children; and
383 (ii) the state's role is secondary and supportive to the primary role of a parent.
384 (e) It is the public policy of this state that parents retain the fundamental right and duty
385 to exercise primary control over the care, supervision, upbringing, and education of their
386 children.
387 (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
388 Subsection (1).
389 (2) It is also the public policy of this state that children have the right to protection
390 from abuse and neglect, and that the state retains a compelling interest in investigating,
391 prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title 78A,
392 Chapter 6, Juvenile Court Act. Therefore, the state, as parens patriae, has an interest in and
393 responsibility to protect children whose parents abuse them or do not adequately provide for
394 their welfare. There may be circumstances where a parent's conduct or condition is a
395 substantial departure from the norm and the parent is unable or unwilling to render safe and
396 proper parental care and protection. Under those circumstances, the state may take action for
397 the welfare and protection of the parent's children.
398 (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
399 it shall take into account the child's need for protection from immediate harm and the extent to
400 which the child's extended family may provide needed protection. Throughout its involvement,
401 the division shall utilize the least intrusive and least restrictive means available to protect a
402 child, in an effort to ensure that children are brought up in stable, permanent families, rather
403 than in temporary foster placements under the supervision of the state.
404 (4) When circumstances within the family pose a threat to the child's immediate safety
405 or welfare, the division may seek custody of the child for a planned, temporary period and
406 place the child in a safe environment, subject to the requirements of this section and in
407 accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
408 Dependency Proceedings, and:
409 (a) when safe and appropriate, return the child to the child's parent; or
410 (b) as a last resort, pursue another permanency plan.
411 (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
412 the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
413 shall be the child's health, safety, and welfare. The desires of a parent for the parent's child,
414 and the constitutionally protected rights of a parent, as described in this section, shall be given
415 full and serious consideration by the division and the court.
416 (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
417 abuse, or severe neglect are established, the state has no duty to make "reasonable efforts" or
418 to, in any other way, attempt to maintain a child in the child's home, provide reunification
419 services, or to attempt to rehabilitate the offending parent or parents. This Subsection (6) does
420 not exempt the division from providing court-ordered services.
421 (7) (a) In accordance with Subsection (1), the division shall strive to achieve
422 appropriate permanency for children who are abused, neglected, or dependent. The division
423 shall provide in-home services, where appropriate and safe, in an effort to help a parent to
424 correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
425 division may pursue a foster placement only if in-home services fail or are otherwise
426 insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
427 and kinship placement fail and cannot be corrected. The division shall also seek qualified
428 extended family support or a kinship placement to maintain a sense of security and stability for
429 the child.
430 (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
431 and (6), is determined to be inconsistent with the permanency plan for a child, then measures
432 shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
433 and to complete whatever steps are necessary to finalize the permanent placement of the child.
434 (c) Subject to the parental rights recognized and protected under this section, if,
435 because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
436 based on the grounds for termination of parental rights described in Title 78A, Chapter 6, Part
437 5, Termination of Parental Rights Act, the continuing welfare and best interest of the child is of
438 paramount importance, and shall be protected in determining whether that parent's rights
439 should be terminated.
440 (8) The state's right to direct or intervene in the provision of medical or mental health
441 care for a child is subject to Subsections 78A-6-105[
442 78A-6-117(2) and Section 78A-6-301.5.
443 Section 5. Section 62A-7-101 is amended to read:
444 62A-7-101. Definitions.
445 As used in this chapter:
446 (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
447 Section 62A-7-112.
448 (2) (a) "Adult" means an individual who is 18 years old or older.
449 (b) "Adult" does not include a juvenile offender.
450 [
451 Section 62A-7-501.
452 (4) "Child" means an individual who is under 18 years old.
453 (5) "Commission" means the State Commission on Criminal and Juvenile Justice
454 created in Section 63M-7-201.
455 [
456 program designated to supervise and rehabilitate youth offenders in accordance with
457 Subsection 78A-6-117(2) that prioritizes the least restrictive nonresidential setting, consistent
458 with public safety, and designated or operated by or under contract with the division.
459 [
460 manner consistent with public safety and the well being of the youth and division employees.
461 (8) "Correctional facility" means:
462 (a) a county jail; or
463 (b) a secure correctional facility as defined in Section 64-13-1.
464 [
465 [
466 misdemeanor if committed by an adult.
467 [
468 [
469 Chapter 7, Part 2, Detention Facilities.
470 [
471 [
472 removes a [
473 [
474 [
475 home or a surrogate home with the consent of the child's parent, guardian, or custodian for
476 conduct by a child who is alleged to have committed a delinquent act or postdispositional
477 placement [
478 [
479 program operated or purchased by the division that is responsible only for diagnostic
480 assessment of minors, including for substance use disorder, mental health, psychological, and
481 sexual behavior risk assessments.
482 (18) "Juvenile offender" means:
483 (a) a serious youth offender; or
484 (b) a youth offender.
485 [
486 residency in a secure facility to live outside that facility under the supervision of the Division
487 of Juvenile Justice Services or other person designated by the division.
488 [
489 service providers for the provision of residential or nonresidential services that:
490 (a) provides incentives for the implementation of evidence-based juvenile justice
491 programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
492 to Section 63M-7-208; and
493 (b) provides a premium rate allocation for a minor who receives the evidence-based
494 dosage of treatment and successfully completes the program within three months.
495 [
496 by the division, or under contract with the division, that is responsible for juveniles taken into
497 custody by a law enforcement officer for status offenses, infractions, or delinquent acts.
498 [
499 rescinds a parole date.
500 [
501 that terminates parole supervision of a [
502 offender to the custody of a secure facility after a hearing and a determination that there has
503 been a violation of law or of a condition of parole that warrants a return to a secure facility in
504 accordance with Section 62A-7-504.
505 [
506 guardian without the permission of the parent or guardian.
507 [
508 or under contract with the division, for conduct by a child who is alleged to have committed a
509 delinquent act.
510 [
511 division, that provides 24-hour supervision and confinement for [
512 committed to the division for custody and rehabilitation.
513 (27) "Serious youth offender" means an individual who:
514 (a) is at least 14 years old, but under 25 years old;
515 (b) committed a felony listed in Subsection 78A-6-703.3(1) and the continuing
516 jurisdiction of the court was extended over the individual's case until the individual was 25
517 years old in accordance with Section 78A-6-703.4; and
518 (c) is committed or admitted by the court to the custody, care, and jurisdiction of the
519 division for confinement in a secure facility or supervision in the community, following an
520 adjudication for a delinquent act in accordance with Section 78A-6-117.
521 [
522 unrestricted [
523 [
524 nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
525 adult, or to an appropriate agency.
526 (b) "Temporary custody" does not include a placement in a secure facility, including
527 secure detention, or a residential community-based program operated or contracted by the
528 division, except [
529 [
530 terminates a [
531 [
532 conflict:
533 (a) results in behavior that is beyond the control or ability of the youth, or the parent or
534 guardian, to manage effectively;
535 (b) poses a threat to the safety or well-being of the youth, the family, or others; or
536 (c) results in the situations described in [
537 [
538 project established and administered by the division for [
539 purpose of rehabilitation, education, and restitution to victims.
540 [
541
542 (a) at least 12 years old, but under 21 years old; and
543 (b) committed or admitted by the [
544 of the division[
545 following an adjudication for a delinquent act [
546
547 [
548 conflict:
549 (i) for families in crisis when a minor is ungovernable or runaway; or
550 (ii) involving a minor and the minor's parent or guardian.
551 (b) [
552 (i) resolve family conflict;
553 (ii) maintain or reunite minors with their families; and
554 (iii) divert minors from entering or escalating in the juvenile justice system.
555 (c) [
556 (i) crisis intervention;
557 (ii) short-term shelter;
558 (iii) time out placement; and
559 (iv) family counseling.
560 Section 6. Section 62A-7-104 is amended to read:
561 62A-7-104. Division responsibilities.
562 (1) The division is responsible for all [
563 division by juvenile courts for secure confinement or supervision and treatment in the
564 community in accordance with Section 78A-6-117.
565 (2) The division shall:
566 (a) establish and administer a continuum of community, secure, and nonsecure
567 programs for all [
568 (b) establish and maintain all detention and secure facilities and set minimum standards
569 for those facilities;
570 (c) establish and operate prevention and early intervention youth services programs for
571 nonadjudicated youth placed with the division; and
572 (d) establish observation and assessment programs necessary to serve [
573 offenders in a nonresidential setting under Subsection 78A-6-117(2)(e).
574 (3) The division shall place [
575 appropriate program for supervision and treatment.
576 (4) (a) In [
577 [
578 confinement under Subsection 78A-6-117(2)(c), or placement in a community-based program
579 under Subsection 78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c)
580 or (d) underlying the commitment.
581 (b) The division shall place [
582 program within the category specified by the court.
583 (5) The division shall employ staff necessary to:
584 (a) supervise and control [
585 community;
586 (b) supervise and coordinate treatment of [
587 division for placement in community-based programs; and
588 (c) control and supervise adjudicated and nonadjudicated youth placed with the
589 division for temporary services in receiving centers, youth services, and other programs
590 established by the division.
591 (6) (a) Youth in the custody or temporary custody of the division are controlled or
592 detained in a manner consistent with public safety and rules made by the division. In the event
593 of an unauthorized leave from a secure facility, detention center, community-based program,
594 receiving center, home, or any other designated placement, division employees have the
595 authority and duty to locate and apprehend the youth, or to initiate action with local law
596 enforcement agencies for assistance.
597 (b) A rule made by the division under this Subsection (6) may not permit secure
598 detention based solely on the existence of multiple status offenses, misdemeanors, or
599 infractions alleged in the same criminal episode.
600 (7) The division shall establish and operate compensatory-service work programs for
601 [
602 compensatory-service work program may not be residential and shall:
603 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
604 parks, highways, and other programs designated by the division;
605 (b) provide educational and prevocational programs in cooperation with the State
606 Board of Education for [
607 (c) provide counseling to [
608 (8) The division shall establish minimum standards for the operation of all private
609 residential and nonresidential rehabilitation facilities that provide services to juveniles who
610 have committed a delinquent act or infraction in this state or in any other state.
611 (9) The division shall provide regular training for staff of secure facilities, detention
612 staff, case management staff, and staff of the community-based programs.
613 (10) (a) The division is authorized to employ special function officers, as defined in
614 Section 53-13-105, to locate and apprehend minors who have absconded from division
615 custody, transport minors taken into custody pursuant to division policy, investigate cases, and
616 carry out other duties as assigned by the division.
617 (b) Special function officers may be employed through contract with the Department of
618 Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
619 (11) The division shall designate employees to obtain the saliva DNA specimens
620 required under Section 53-10-403. The division shall ensure that the designated employees
621 receive appropriate training and that the specimens are obtained in accordance with accepted
622 protocol.
623 (12) The division shall register an individual with the Department of Corrections [
624
625 (a) [
626 77-41-102(17)(a) or 77-43-102(2);
627 (b) [
628 (c) (i) if the individual is a youth offender, remains in the division's custody 30 days
629 before the [
630 (ii) if the individual is a serious youth offender, remains in the division's custody 30
631 days before the individual's 25th birthday.
632 (13) The division shall ensure that a program delivered to a [
633 under this section is evidence based in accordance with Section 63M-7-208.
634 Section 7. Section 62A-7-105.5 is amended to read:
635 62A-7-105.5. Information supplied to division.
636 (1) Juvenile court probation sections shall render full and complete cooperation to the
637 division in supplying the division with all pertinent information relating to [
638 offenders who have been committed to the division.
639 (2) Information under Subsection (1) may include, but is not limited to, prior criminal
640 history, social history, psychological evaluations, and identifying information specified by the
641 division.
642 Section 8. Section 62A-7-107.5 is amended to read:
643 62A-7-107.5. Contracts with private providers.
644 (1) This chapter does not prohibit the division from contracting with private providers
645 or other agencies for the construction, operation, and maintenance of juvenile facilities or the
646 provision of care, treatment, and supervision of [
647 committed to the care of the division.
648 (2) All programs for the care, treatment, and supervision of [
649 committed to the division shall be licensed in compliance with division standards within six
650 months after commencing operation.
651 (3) A contract for the care, treatment, and supervision of a [
652 committed to the division shall be executed in accordance with the performance-based
653 contracting system developed under Section 63M-7-208.
654 Section 9. Section 62A-7-108.5 is amended to read:
655 62A-7-108.5. Records -- Property of division.
656 (1) All records maintained by programs that are under contract with the division to
657 provide services to [
658 returned to [
659 (2) The division shall maintain an accurate audit trail of information provided to other
660 programs or agencies regarding [
661 Section 10. Section 62A-7-109.5 is amended to read:
662 62A-7-109.5. Restitution by a juvenile offender.
663 (1) The division shall make reasonable efforts to ensure that restitution is made to the
664 victim of a [
665 [
666 [
667 in the work program.
668 (2) Restitution ordered by the court may be made a condition of release, placement, or
669 parole by the division.
670 (3) The division shall notify the juvenile court of all restitution paid to victims through
671 the employment of [
672 Section 11. Section 62A-7-111.5 is amended to read:
673 62A-7-111.5. Cost of support and maintenance of a juvenile offender --
674 Responsibility.
675 On commitment of a [
676 of the division to the [
677 offender or [
678 support and maintenance for the [
679 commitment.
680 Section 12. Section 62A-7-113 is amended to read:
681 62A-7-113. Rulemaking authority and division responsibilities.
682 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
683 division shall make rules that establish a formula, in consultation with the Office of the
684 Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017
685 Laws of Utah, Chapter 330 resulting from the reduction in out-of-home placements for [
686 juvenile offenders with the division.
687 (2) No later than December 31 of each year, the division shall provide to the Executive
688 Offices and Criminal Justice Appropriations Subcommittee a written report of the division's
689 activities under this section and Section 62A-7-112, including:
690 (a) for the report submitted in 2019, the formula used to calculate the savings from
691 General Fund appropriations under Subsection (1);
692 (b) the amount of savings from General Fund appropriations calculated by the division
693 for the previous fiscal year;
694 (c) an accounting of the money expended or committed to be expended under
695 Subsection 62A-7-112(4); and
696 (d) the balance of the account.
697 Section 13. Section 62A-7-201 is amended to read:
698 62A-7-201. Confinement -- Facilities -- Restrictions.
699 [
700
701
702
703
704 [
705
706
707
708 [
709
710 (1) Except as provided in Subsection (2) or by another statute, if a child is apprehended
711 by an officer, or brought before a court for examination under state law, the child may not be
712 confined:
713 (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
714 (b) in a secure facility operated by the division.
715 (2) (a) The division shall detain a child in accordance with Sections 78A-6-703.2,
716 78A-6-703.5, and 78A-6-703.6 if:
717 (i) the child is charged with an offense under Section 78A-6-703.2 or 78A-6-703.3;
718 (ii) the district court has obtained jurisdiction over the offense because the child is
719 bound over to the district court under Section 78A-6-703.5; and
720 (iii) the court orders the detention of the child.
721 (b) (i) If a child is detained before a hearing under Subsection 78A-6-113(3) or Section
722 78A-6-703.5, the child may only be held in certified juvenile detention accommodations in
723 accordance with rules made by the [
724
725 (ii) The commission's rules shall include [
726 sound separation from adult inmates.
727 (iii) The [
728 commission shall certify that a correctional facility is in compliance with the [
729
730 (iv) This Subsection (2)(b) does not apply to [
731 detention facility in accordance with Subsection (2)(a).
732 (3) (a) In [
733
734
735 has acceptable sight and sound separation. [
736 (b) An accommodation described in Subsection (3)(a) shall be used only:
737 (i) for short-term holding [
738
739 offense if committed by an adult[
740 (ii) for a maximum confinement period of six hours.
741 (c) A child may only be held in an accommodation described in Subsection (3)(a) for:
742 (i) identification[
743 (ii) notification of a juvenile court [
744 (iii) processing[
745 (iv) allowance of adequate time for evaluation of needs and circumstances regarding
746 the release or transfer of the child to a shelter or detention facility.
747 (d) This Subsection (3) does not apply to [
748
749 (4) (a) [
750 criminal offense if committed by an adult, the child may be detained in [
751
752 (i) for a maximum of two hours[
753 (ii) (A) for identification or interrogation[
754 (B) while awaiting release to a parent or other responsible adult. [
755 (b) A holding room described in Subsection (4)(a) shall be certified by [
756
757
758 (c) The commission's rules shall include provisions for constant supervision and for
759 sight and sound separation from adult inmates.
760 (5) Willful failure to comply with this section is a class B misdemeanor.
761 (6) (a) The division is responsible for the custody and detention of [
762
763 (i) a child who requires detention care before trial or examination, or [
764 awaiting assignment to a home or facility, as a dispositional placement under Subsection
765 78A-6-117(2)(f)(i)[
766 (ii) a juvenile offender under Subsection 62A-7-504(9). [
767 (b) Subsection (6)(a) does not apply to [
768
769 [
770 provide standards for custody or detention under Subsections (2)(b), (3), and (4).
771 (ii) The division shall determine and set standards for conditions of care and
772 confinement of children in detention facilities.
773 [
774 (d) (i) The division, or [
775 undertake temporary custody or detention upon agreed terms[
776 division, shall provide all other custody or detention in suitable premises distinct and separate
777 from the general jails, lockups, or cells used in law enforcement and corrections systems.
778 (ii) This Subsection [
779
780 Section 14. Section 62A-7-401.5 is amended to read:
781 62A-7-401.5. Secure facilities.
782 (1) The division shall maintain and operate secure facilities for the custody and
783 rehabilitation of [
784 who cannot be controlled in a less secure setting, or who have engaged in a pattern of conduct
785 characterized by persistent and serious criminal offenses which, as demonstrated through the
786 use of other alternatives, cannot be controlled in a less secure setting.
787 (2) The director shall appoint an administrator for each secure facility. An
788 administrator of a secure facility shall have experience in social work, law, criminology,
789 corrections, or a related field, and also in administration.
790 (3) (a) The division, in cooperation with the State Board of Education, shall provide
791 instruction, or make instruction available, to [
792 instruction shall be appropriate to the age, needs, and range of abilities of the [
793 offender.
794 (b) An assessment shall be made of each [
795 secure facility to determine the offender's abilities, possible learning disabilities, interests,
796 attitudes, and other attributes related to appropriate educational programs.
797 (c) Prevocational education shall be provided to acquaint [
798 with vocations, and vocational requirements and opportunities.
799 (4) The division shall place [
800 division for secure confinement and rehabilitation in a secure facility, operated by the division
801 or by a private entity, that is appropriate to ensure that humane care and rehabilitation
802 opportunities are afforded to the [
803 (5) The division shall adopt standards, policies, and procedures for the regulation and
804 operation of secure facilities, consistent with state and federal law.
805 Section 15. Section 62A-7-402 is amended to read:
806 62A-7-402. Aiding or concealing offender -- Trespass -- Criminal penalties.
807 (1) [
808 class A misdemeanor:
809 (a) entering, or attempting to enter, a building or enclosure appropriated to the use of
810 [
811 (b) entering any premises belonging to a secure facility and committing or attempting
812 to commit a trespass or damage on those premises; or
813 (c) willfully annoying or disturbing the peace and quiet of a secure facility or of a
814 [
815 (2) [
816 (a) knowingly harbors or conceals a [
817 (i) escaped from a secure facility; or
818 (ii) absconded from:
819 (A) a facility or supervision; or
820 (B) supervision of the [
821 (b) willfully aided or assisted a [
822 committed to a secure facility in escaping or attempting to escape from that facility.
823 (3) As used in this section:
824 (a) a [
825 offender:
826 (i) leaves the facility without permission; or
827 (ii) fails to return at a prescribed time.
828 (b) A [
829 offender:
830 (i) changes [
831 juvenile offender reported to the division as [
832 another residence, without notifying the [
833 obtaining permission; or
834 (ii) for the purpose of avoiding supervision:
835 (A) hides at a different location from [
836 (B) leaves [
837 Section 16. Section 62A-7-403 is amended to read:
838 62A-7-403. Care of pregnant juvenile offender.
839 (1) When a [
840 ensure that adequate prenatal and postnatal care is provided, and shall place [
841 offender in an accredited hospital before delivery. As soon as [
842 condition after delivery will permit, the [
843 facility.
844 (2) If the division has concern regarding the [
845 [
846 custody hearing.
847 Section 17. Section 62A-7-404 is repealed and reenacted to read:
848 62A-7-404. Commitment.
849 (1) If a youth offender has been committed to a secure facility under Section
850 78A-6-117, the youth offender shall remain at the secure facility until the youth offender is:
851 (a) 21 years old;
852 (b) paroled; or
853 (c) discharged.
854 (2) If a serious youth offender has been committed to a secure facility under Section
855 78A-6-117, the serious youth offender shall remain at the secure facility until the serious youth
856 offender is:
857 (a) 25 years old;
858 (b) paroled; or
859 (c) discharged.
860 Section 18. Section 62A-7-404.5 is enacted to read:
861 62A-7-404.5. Review and termination of commitment.
862 (1) If a juvenile offender has been committed to a secure facility, the juvenile offender
863 shall appear before the authority within 45 days after the day on which the juvenile offender is
864 committed to a secure facility for review of a treatment plan and to establish parole release
865 guidelines.
866 (2) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
867 presumptive term of commitment for the juvenile offender that does not exceed three to six
868 months.
869 (b) The authority shall release the juvenile offender on parole at the end of the
870 presumptive term of commitment unless at least one the following circumstances exists:
871 (i) termination would interrupt the completion of a necessary treatment program; or
872 (ii) the juvenile offender commits a new misdemeanor or felony offense.
873 (c) The authority shall determine whether a juvenile offender has completed a program
874 under Subsection (2)(b)(i) by considering the recommendations of the licensed service
875 provider, the juvenile offender's consistent attendance record, and the juvenile offender's
876 completion of the goals of the necessary treatment program.
877 (d) The authority may extend the length of commitment and delay parole release for the
878 time needed to address the specific circumstance if one of the circumstances under Subsection
879 (2)(b) exists.
880 (e) The authority shall:
881 (i) record the length of the extension and the grounds for the extension; and
882 (ii) report annually the length and grounds of extension to the commission.
883 (3) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
884 presumptive term of parole supervision that does not exceed three to four months.
885 (b) If the authority determines that a juvenile offender is unable to return home
886 immediately upon release, the juvenile offender may serve the term of parole in the home of a
887 qualifying relative or guardian or at an independent living program contracted or operated by
888 the division.
889 (c) The authority shall release a juvenile offender from parole and terminate
890 jurisdiction at the end of the presumptive term of parole, unless at least one the following
891 circumstances exists:
892 (i) termination would interrupt the completion of a necessary treatment program;
893 (ii) the juvenile offender commits a new misdemeanor or felony offense; or
894 (iii) restitution has not been completed.
895 (d) The authority shall determine whether a juvenile offender has completed a program
896 under Subsection (2)(c) by considering the recommendations of the licensed services provider,
897 the juvenile offender's consistent attendance record, and the juvenile offender's completion of
898 the goals of the necessary treatment program.
899 (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
900 parole release only for the time needed to address the specific circumstance.
901 (f) The authority shall:
902 (i) record the grounds for extension of the presumptive length of parole and the length
903 of the extension; and
904 (ii) report annually the extension and the length of the extension to the commission.
905 (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
906 shall toll until the juvenile offender returns.
907 (4) Subsections (2) and (3) do not apply to a juvenile offender committed to a secure
908 facility for a felony violation of:
909 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
910 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
911 (c) Section 76-5-203, murder or attempted murder;
912 (d) Section 76-5-302, aggravated kidnapping;
913 (e) Section 76-5-405, aggravated sexual assault;
914 (f) Section 76-6-103, aggravated arson;
915 (g) Section 76-6-203, aggravated burglary;
916 (h) Section 76-6-302, aggravated robbery;
917 (i) Section 76-10-508.1, felony discharge of a firearm;
918 (j) an offense other than an offense listed in Subsections (4)(a) through (i) involving
919 the use of a dangerous weapon:
920 (i) if the offense would be a felony had an adult committed the offense; and
921 (ii) the juvenile offender has been previously adjudicated or convicted of an offense
922 involving the use of a dangerous weapon that would have been a felony had an adult committed
923 the offense; or
924 (k) an offense other than an offense listed in Subsections (4)(a) through (j) and the
925 minor has been previously committed to the custody of the Division of Juvenile Justice
926 Services for secure confinement.
927 (5) (a) The division may continue to have responsibility over a juvenile offender, who
928 is discharged under this section from parole, to participate in a specific educational or
929 rehabilitative program:
930 (i) until the juvenile offender is:
931 (A) if the juvenile offender is a youth offender, 21 years old; or
932 (B) if the juvenile offender is a serious youth offender, 25 years old; and
933 (ii) under an agreement by the division and the juvenile offender that the program has
934 certain conditions.
935 (b) The division and the juvenile offender may terminate participation in a program
936 under Subsection (5)(a) at any time.
937 (c) The division shall offer an educational or rehabilitative program before a juvenile
938 offender's discharge date in accordance with this section.
939 (d) A juvenile offender may request the services described in this Subsection (5), even
940 if the offender has been previously declined services or services were terminated for
941 noncompliance.
942 (e) Notwithstanding Subsection (5)(c), the division:
943 (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
944 services described in this Subsection (5) for up to 365 days after the juvenile offender's
945 effective date of discharge, even if the juvenile offender has previously declined services or
946 services were terminated for noncompliance; and
947 (ii) may reach an agreement with the juvenile offender to provide the services
948 described in this Subsection (5) until the juvenile offender is:
949 (A) if the juvenile offender is a youth offender, 21 years old; or
950 (B) if the juvenile offender is a serious youth offender, 25 years old.
951 (f) The division and the juvenile offender may terminate an agreement for services
952 under this Subsection (5) at any time.
953 Section 19. Section 62A-7-501 is amended to read:
954 62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
955 (1) There is created the Youth Parole Authority within the division [
956
957 (2) (a) The authority is composed of 10 part-time members and five pro tempore
958 members who are residents of this state. No more than three pro tempore members may serve
959 on the authority at any one time.
960 (b) Throughout this section, the term "member" refers to both part-time and pro
961 tempore members of the Youth Parole Authority.
962 (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
963 four-year terms by the governor with the consent of the Senate.
964 (b) The governor shall, at the time of appointment or reappointment, adjust the length
965 of terms to ensure that the terms of authority members are staggered so that approximately half
966 of the authority is appointed every two years.
967 (4) Each member shall have training or experience in social work, law, juvenile or
968 criminal justice, or related behavioral sciences.
969 (5) When a vacancy occurs in the membership for any reason, the replacement member
970 shall be appointed for the unexpired term.
971 (6) During the tenure of the member's appointment, a member may not:
972 (a) be an employee of the department, other than in the member's capacity as a member
973 of the authority;
974 (b) hold any public office;
975 (c) hold any position in the state's juvenile justice system; or
976 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
977 juvenile justice agency or its contractor.
978 (7) In extraordinary circumstances or when a regular member is absent or otherwise
979 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
980 (8) A member may not receive compensation or benefits for the member's service[
981 but may receive per diem and travel expenses in accordance with:
982 (a) Section 63A-3-106;
983 (b) Section 63A-3-107; and
984 (c) rules made by the Division of Finance [
985 63A-3-106 and 63A-3-107.
986 (9) The authority shall determine appropriate parole dates for [
987 offenders in accordance with Section [
988 (10) [
989 juvenile offender's home, to an independent living program contracted or operated by the
990 division, to an approved independent living setting, or to other appropriate residences of
991 qualifying relatives or guardians, but shall remain on parole until parole is terminated by the
992 authority in accordance with Section [
993 (11) The division's case management staff shall implement parole release plans and
994 shall supervise [
995 (12) The division shall permit the authority to have reasonable access to [
996 juvenile offenders in secure facilities and shall furnish all pertinent data requested by the
997 authority in matters of parole, revocation, and termination.
998 Section 20. Section 62A-7-502 is amended to read:
999 62A-7-502. Youth Parole Authority -- Parole procedures.
1000 (1) The authority has responsibility for parole release, rescission, revocation, and
1001 termination for [
1002 confinement. The authority shall determine when and under what conditions [
1003 offenders who have been committed to a secure facility are eligible for parole.
1004 (2) [
1005 and has the right to personally appear before the authority for parole consideration.
1006 (3) Orders and decisions of the authority shall be in writing, and [
1007 juvenile offender shall be provided written notice of the authority's reasoning and decision in
1008 the [
1009 (4) The authority shall establish policies and procedures for the authority's governance,
1010 meetings, hearings, the conduct of proceedings before [
1011 juvenile offenders, and the general conditions under which parole may be granted, rescinded,
1012 revoked, modified, and terminated.
1013 Section 21. Section 62A-7-504 is amended to read:
1014 62A-7-504. Parole revocation -- Hearing -- Procedures.
1015 (1) The authority may revoke the parole of a [
1016 hearing and upon determination that there has been a violation of law or of a condition of
1017 parole by the [
1018 secure facility. The parole revocation hearing shall be held at a secure facility.
1019 (2) (a) Before returning a [
1020 revocation or rescission hearing, the division shall provide a prerevocation or prerescission
1021 hearing within the vicinity of the alleged violation, to determine whether there is probable
1022 cause to believe that the [
1023 juvenile offender's parole.
1024 (b) Upon a finding of probable cause, the [
1025 to a secure facility, pending a revocation hearing.
1026 (3) The authority shall only proceed with the parole revocation or rescission process in
1027 accordance with the system of appropriate responses developed [
1028 with Section 78A-6-123 on [
1029 (4) A paroled [
1030 revocation hearing, and if the [
1031 has requested but cannot afford legal representation, the authority shall appoint legal counsel.
1032 (5) The authority and the administrative officer have power to issue subpoenas, compel
1033 attendance of witnesses, compel production of books, papers and other documents, administer
1034 oaths, and take testimony under oath for the purposes of conducting the hearings.
1035 (6) (a) A [
1036 time, place, and reason for the hearing, and has the right to appear at the hearing.
1037 (b) The authority shall provide the [
1038 heard, to present witnesses and evidence, and to confront and cross-examine adverse witnesses,
1039 unless there is good cause for disallowing that confrontation.
1040 (7) Decisions in parole revocation or rescission hearings shall be reached by a majority
1041 vote of the present members of the authority.
1042 (8) The administrative officer shall maintain summary records of all hearings and
1043 provide written notice to the [
1044 decision.
1045 (9) (a) The authority may issue a warrant to order any peace officer or division
1046 employee to take into custody a [
1047 conditions in accordance with Section 78A-6-123 on [
1048 (b) The division may issue a warrant to any peace officer or division employee to
1049 retake a [
1050 (c) Based upon the warrant issued under this Subsection (9), a [
1051 offender may be held in a local detention facility for no longer than 48 hours, excluding
1052 weekends and legal holidays, to allow time for a prerevocation or prerecission hearing of the
1053 alleged parole violation, or in the case of an escapee, arrangement for transportation to the
1054 secure facility.
1055 Section 22. Section 62A-7-505 is amended to read:
1056 62A-7-505. Conditions of parole.
1057 Conditions of parole shall be specified in writing and agreed to by the [
1058 offender. That agreement shall be evidenced by the signature of the [
1059 which shall be affixed to the parole document.
1060 Section 23. Section 62A-7-506 is amended to read:
1061 62A-7-506. Discharge of juvenile offender.
1062 (1) A [
1063 at any time, by written order of the [
1064 further purpose would be served by secure confinement or supervision in a community setting.
1065 (2) A [
1066 [
1067 (3) Discharge of a [
1068 incurred by adjudication of the offense for which the [
1069 Section 24. Section 62A-7-507 is amended to read:
1070 62A-7-507. Appeal regarding parole release or revocation.
1071 (1) A [
1072 offender, may appeal to the executive director or his designee any decision of the authority
1073 regarding parole release, rescission, or revocation.
1074 (2) The executive director, or [
1075 remand the authority's decision only if [
1076 abuse of discretion, or contrary to law.
1077 Section 25. Section 62A-7-701 is amended to read:
1078 62A-7-701. Community-based programs.
1079 (1) (a) The division shall operate residential and nonresidential community-based
1080 programs to provide care, treatment, and supervision for [
1081 to the division by juvenile courts.
1082 (b) The division shall operate or contract for nonresidential community-based
1083 programs and independent living programs to provide care, treatment, and supervision of
1084 paroled [
1085 (2) The division shall adopt minimum standards for the organization and operation of
1086 community-based corrections programs for [
1087 (3) The division shall place [
1088 for community-based programs in the most appropriate program based upon the division's
1089 evaluation of the [
1090 accordance with Sections [
1091 Section 26. Section 62A-7-702 is amended to read:
1092 62A-7-702. Case management staff.
1093 (1) The division shall provide a sufficient number of case management staff members
1094 to provide care, treatment, and supervision for [
1095 [
1096 community-based programs.
1097 (2) (a) Case management staff shall develop treatment programs for each [
1098 juvenile offender in the community, provide appropriate services, and monitor individual
1099 progress.
1100 (b) Progress reports shall be filed every three months with the [
1101 [
1102 the authority for each parolee.
1103 (c) The authority, in the case of parolees, or the [
1104 committed to the division for placement in community programs, shall be immediately
1105 notified, in writing, of any violation of law or of conditions of parole or placement.
1106 (3) Case management staff shall:
1107 (a) conduct investigations and make reports requested by the courts to aid them in
1108 determining appropriate case dispositions; and
1109 (b) conduct investigations and make reports requested by the authority to aid it in
1110 making appropriate dispositions in cases of parole, revocation, and termination.
1111 Section 27. Section 63I-1-253 is amended to read:
1112 63I-1-253. Repeal dates, Titles 53 through 53G.
1113 The following provisions are repealed on the following dates:
1114 (1) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
1115 repealed July 1, 2022.
1116 (2) Subsection 53-13-104(6), regarding being 19 years old at certification, is repealed
1117 July 1, 2022.
1118 (3) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
1119 (4) Section 53B-18-1501 is repealed July 1, 2021.
1120 (5) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
1121 (6) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
1122 (7) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
1123 from the Land Exchange Distribution Account to the Geological Survey for test wells, other
1124 hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
1125 (8) Section 53E-3-515 is repealed January 1, 2023.
1126 (9) In relation to a standards review committee, on January 1, 2023:
1127 (a) in Subsection 53E-4-202(8), the language that states "by a standards review
1128 committee and the recommendations of a standards review committee established under
1129 Section 53E-4-203" is repealed; and
1130 (b) Section 53E-4-203 is repealed.
1131 (10) In relation to the SafeUT and School Safety Commission, on January 1, 2023:
1132 (a) Subsection 53B-17-1201(1) is repealed;
1133 (b) Section 53B-17-1203 is repealed;
1134 (c) Subsection 53B-17-1204(2) is repealed;
1135 (d) Subsection 53B-17-1204(4)(a), the language that states "in accordance with the
1136 method described in Subsection (4)(c)" is repealed; and
1137 (e) Subsection 53B-17-1204(4)(c) is repealed.
1138 (11) Section 53F-2-514 is repealed July 1, 2020.
1139 (12) Section 53F-5-203 is repealed July 1, 2024.
1140 (13) Section 53F-5-212 is repealed July 1, 2024.
1141 (14) Section 53F-5-213 is repealed July 1, 2023.
1142 (15) Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native Education State
1143 Plan Pilot Program, is repealed July 1, 2022.
1144 [
1145 [
1146 [
1147 Commission, are repealed January 1, 2025.
1148 [
1149 class C misdemeanor, is repealed July 1, [
1150 Section 28. Section 76-3-406 is amended to read:
1151 76-3-406. Crimes for which probation, suspension of sentence, lower category of
1152 offense, or hospitalization may not be granted.
1153 (1) Notwithstanding Sections 76-3-201 and 77-18-1 and Title 77, Chapter 16a,
1154 Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
1155 76-5-406.5, probation may not be granted, the execution or imposition of sentence may not be
1156 suspended, the court may not enter a judgment for a lower category of offense, and
1157 hospitalization may not be ordered, the effect of which would in any way shorten the prison
1158 sentence for an individual who commits a capital felony or a first degree felony involving:
1159 (a) Section 76-5-202, aggravated murder;
1160 (b) Section 76-5-203, murder;
1161 (c) Section 76-5-301.1, child kidnaping;
1162 (d) Section 76-5-302, aggravated kidnaping;
1163 (e) Section 76-5-402, rape, if the individual is sentenced under Subsection
1164 76-5-402(3)(b), (3)(c), or (4);
1165 (f) Section 76-5-402.1, rape of a child;
1166 (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection
1167 76-5-402.2(1)(b), (1)(c), or (2);
1168 (h) Section 76-5-402.3, object rape of a child;
1169 (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection
1170 76-5-403(3)(b), (3)(c), or (4);
1171 (j) Section 76-5-403.1, sodomy on a child;
1172 (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under
1173 Subsection 76-5-404(2)(b) or (3);
1174 (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;
1175 (m) Section 76-5-405, aggravated sexual assault; or
1176 (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
1177 (2) [
1178 78A-6-703.2 or 78A-6-703.5, the provisions of this section do not apply if the sentencing court
1179 finds that the defendant:
1180 (a) was under [
1181 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
1182 delayed filing of the [
1183
1184 Section 29. Section 76-5-401.3 is amended to read:
1185 76-5-401.3. Unlawful adolescent sexual activity.
1186 (1) As used in this section:
1187 (a) "Adolescent" means [
1188 physical and psychological growth and development between childhood and adulthood who is
1189 12 years [
1190 (b) "Unlawful adolescent sexual activity" means sexual activity between adolescents
1191 under circumstances not amounting to:
1192 (i) rape, in violation of Section 76-5-402;
1193 (ii) rape of a child, in violation of Section 76-5-402.1;
1194 (iii) object rape, in violation of Section 76-5-402.2;
1195 (iv) object rape of a child, in violation of Section 76-5-402.3;
1196 (v) forcible sodomy, in violation of Section 76-5-403;
1197 (vi) sodomy on a child, in violation of Section 76-5-403.1;
1198 [
1199 [
1200 (viii) aggravated sexual assault, in violation of Section 76-5-405; or
1201 (ix) incest, in violation of Section 76-7-102.
1202 (2) Unlawful adolescent sexual activity is punishable as a:
1203 (a) third degree felony if an adolescent who is 17 years [
1204 unlawful adolescent sexual activity with an adolescent who is 12 or 13 years [
1205 (b) third degree felony if an adolescent who is 16 years [
1206 unlawful adolescent sexual activity with an adolescent who is 12 years [
1207 (c) class A misdemeanor if an adolescent who is 16 years [
1208 unlawful adolescent sexual activity with an adolescent who is 13 years [
1209 (d) class A misdemeanor if an adolescent who is 14 or 15 years [
1210 unlawful adolescent sexual activity with an adolescent who is 12 years [
1211 (e) class B misdemeanor if an adolescent who is 17 years [
1212 unlawful adolescent sexual activity with an adolescent who is 14 years [
1213 (f) class B misdemeanor if an adolescent who is 15 years [
1214 unlawful adolescent sexual activity with an adolescent who is 13 years [
1215 (g) class C misdemeanor if an adolescent who is 12 or 13 years [
1216 unlawful adolescent sexual activity with an adolescent who is 12 or 13 years [
1217 (h) class C misdemeanor if an adolescent who is 14 years [
1218 unlawful adolescent sexual activity with an adolescent who is 13 years [
1219 (3) [
1220 adjustment under Section 78A-6-602 or a referral to youth court under Section 78A-6-1203.
1221 (4) [
1222
1223 juvenile court in accordance with Section 78A-6-703.5, the district court may enter any
1224 sentence or combination of sentences [
1225 but for the delayed reporting or delayed filing of the information in the district court.
1226 (5) An offense under this section is not subject to registration under Subsection
1227 77-41-102(17).
1228 Section 30. Section 76-10-105 (Superseded 07/01/20) is amended to read:
1229 76-10-105 (Superseded 07/01/20). Buying or possessing a cigar, cigarette,
1230 electronic cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
1231 (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
1232 possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
1233 misdemeanor and subject to:
1234 (a) a minimum fine or penalty of $60; and
1235 (b) participation in a court-approved tobacco education program, which may include a
1236 participation fee.
1237 (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
1238 person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is [
1239
1240 is committed on school property under Section 53G-8-211. If a violation under this section is
1241 adjudicated under Section 78A-6-117, the minor may be subject to the following:
1242 (a) a fine or penalty, in accordance with Section 78A-6-117; and
1243 (b) participation in a court-approved tobacco education program, which may include a
1244 participation fee.
1245 (3) A compliance officer appointed by a board of education under Section 53G-4-402
1246 may not issue a citation for a violation of this section committed on school property. A cited
1247 violation committed on school property shall be addressed in accordance with Section
1248 53G-8-211.
1249 Section 31. Section 76-10-105 (Effective 07/01/20) is amended to read:
1250 76-10-105 (Effective 07/01/20). Buying or possessing a cigar, cigarette, electronic
1251 cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
1252 (1) (a) An individual who is 18 years old or older, but younger than the age specified in
1253 Subsection (1)(b), and buys or attempts to buy, accepts, or has in the individual's possession
1254 any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of an infraction and
1255 subject to:
1256 (i) a minimum fine or penalty of $60; and
1257 (ii) participation in a court-approved tobacco education or cessation program, which
1258 may include a participation fee.
1259 (b) For purposes of Subsection (1)(a), the individual is younger than:
1260 (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
1261 (ii) beginning July 1, 2021, 21 years old.
1262 (2) (a) An individual under [
1263 accepts, or has in the individual's possession any cigar, cigarette, electronic cigarette, or
1264 tobacco in any form is [
1265 78A-6-602, unless the violation is committed on school property under Section 53G-8-211.
1266 (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
1267 may be subject to the following:
1268 [
1269 [
1270 include a participation fee.
1271 (3) (a) A compliance officer appointed by a board of education under Section
1272 53G-4-402 may not issue a citation for a violation of this section committed on school
1273 property.
1274 (b) A cited violation committed on school property shall be addressed in accordance
1275 with Section 53G-8-211.
1276 (4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
1277 electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is 18 years old or
1278 older and is:
1279 (i) on active duty in the United States Armed Forces; or
1280 (ii) a spouse or dependent of an individual who is on active duty in the United States
1281 Armed Forces.
1282 (b) A valid, government-issued military identification card is required to verify proof
1283 of age under Subsection (4)(a).
1284 Section 32. Section 76-10-1302 is amended to read:
1285 76-10-1302. Prostitution.
1286 (1) An individual is guilty of prostitution when the individual:
1287 (a) engages, offers, or agrees to engage in any sexual activity with another individual
1288 for a fee, or the functional equivalent of a fee;
1289 (b) takes steps in arranging a meeting through any form of advertising, agreeing to
1290 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
1291 or the functional equivalent of a fee; or
1292 (c) loiters in or within view of any public place for the purpose of being hired to
1293 engage in sexual activity.
1294 (2) (a) Except as provided in Subsection (2)(b) and Section 76-10-1309, prostitution is
1295 a class B misdemeanor.
1296 (b) Except as provided in Section 76-10-1309, an individual who is convicted a second
1297 time, and on all subsequent convictions, of a subsequent offense of prostitution under this
1298 section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of
1299 a class A misdemeanor.
1300 (3) (a) As used in this Subsection (3):
1301 (i) "Child" means the same as that term is defined in Section 76-10-1301.
1302 (ii) "Child engaged in commercial sex" means a child who engages in conduct
1303 described in Subsection (1).
1304 (iii) "Child engaged in sexual solicitation" means a child who offers or agrees to
1305 commit or engage in any sexual activity with another person for a fee or the functional
1306 equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
1307 (iv) "Division" means the Division of Child and Family Services created in Section
1308 62A-4a-103.
1309 (v) "Receiving center" means the same as that term is defined in Section 62A-7-101.
1310 (b) Upon encountering a child engaged in commercial sex or sexual solicitation, a law
1311 enforcement officer shall:
1312 (i) conduct an investigation regarding possible human trafficking of the child pursuant
1313 to Sections 76-5-308 and 76-5-308.5;
1314 (ii) refer the child to the division;
1315 (iii) bring the child to a receiving center, if available; and
1316 (iv) contact the child's parent or guardian, if practicable.
1317 (c) When law enforcement refers a child to the division under Subsection (3)(b)(ii) the
1318 division shall provide services to the child under Title 62A, Chapter 4a, Child and Family
1319 Services.
1320 (4) A child may not be subjected to [
1321
1322 proceeding for prostitution under Title 78A, Chapter 6, Juvenile Court Act.
1323 (5) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
1324 the individual engages in a violation of Subsection (1) at or near the time the individual
1325 witnesses or is a victim of any of the following offenses, or an attempt to commit any of the
1326 following offenses, and the individual reports the offense or attempt to law enforcement in
1327 good faith:
1328 (a) assault, Section 76-5-102;
1329 (b) aggravated assault, Section 76-5-103;
1330 (c) mayhem, Section 76-5-105;
1331 (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
1332 homicide, or homicide by assault under Title 76, Chapter 5, Part 2, Criminal Homicide;
1333 (e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
1334 aggravated human trafficking, human smuggling or aggravated human smuggling, or human
1335 trafficking of a child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and
1336 Smuggling;
1337 (f) rape, Section 76-5-402;
1338 (g) rape of a child, Section 76-5-402.1;
1339 (h) object rape, Section 76-5-402.2;
1340 (i) object rape of a child, Section 76-5-402.3;
1341 (j) forcible sodomy, Section 76-5-403;
1342 (k) sodomy on a child, Section 76-5-403.1;
1343 (l) forcible sexual abuse, Section 76-5-404;
1344 (m) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1;
1345 (n) aggravated sexual assault, Section 76-5-405;
1346 (o) sexual exploitation of a minor, Section 76-5b-201;
1347 (p) sexual exploitation of a vulnerable adult, Section 76-5b-202;
1348 (q) aggravated burglary or burglary of a dwelling under Title 76, Chapter 6, Part 2,
1349 Burglary and Criminal Trespass;
1350 (r) aggravated robbery or robbery under Title 76, Chapter 6, Part 3, Robbery; or
1351 (s) theft by extortion under Subsection 76-6-406(2)(a) or (b).
1352 Section 33. Section 77-2-9 is amended to read:
1353 77-2-9. Offenses ineligible for diversion.
1354 [
1355
1356 (1) A magistrate may not grant a diversion for:
1357 (a) a capital felony;
1358 (b) a felony in the first degree;
1359 (c) any case involving a sexual offense against a victim who is under [
1360 years old;
1361 (d) any motor vehicle related offense involving alcohol or drugs;
1362 (e) any case involving using a motor vehicle in the commission of a felony;
1363 (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended
1364 license;
1365 (g) any case involving operating a commercial motor vehicle in a negligent manner
1366 causing the death of another including the offenses of:
1367 (i) manslaughter under Section 76-5-205; or
1368 (ii) negligent homicide under Section 76-5-206; or
1369 (h) a crime of domestic violence as defined in Section 77-36-1.
1370 (2) When [
1371 76, Chapter 5, Part 4, Sexual Offenses, while under [
1372 enter a diversion in the matter if the court enters on the record [
1373 (a) the offenses could have been adjudicated in juvenile court but for the delayed
1374 reporting or delayed filing of the information in the district court, unless the offenses are before
1375 the court [
1376 Section 78A-6-703.2 or 78A-6-703.5;
1377 (b) the [
1378 (c) there is no more than three years' difference between the ages of the participants;
1379 and
1380 (d) it would be in the best interest of the person to grant diversion.
1381 Section 34. Section 77-38a-102 is amended to read:
1382 77-38a-102. Definitions.
1383 As used in this chapter:
1384 (1) "Conviction" includes a:
1385 (a) judgment of guilt;
1386 (b) a plea of guilty; or
1387 (c) a plea of no contest.
1388 (2) "Criminal activities" means:
1389 (a) any misdemeanor or felony offense of which the defendant is convicted; or
1390 (b) any other criminal conduct for which the defendant admits responsibility to the
1391 sentencing court with or without an admission of committing the criminal conduct.
1392 (3) (a) "Defendant" means an individual who has been convicted of, or entered into a
1393 plea disposition for, a criminal activity.
1394 (b) "Defendant" does not include a minor, as defined in Section 78A-6-105, who is
1395 adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 78A, Chapter
1396 6, Juvenile Court Act.
1397 [
1398 [
1399 condition that a defendant agree to participate in a rehabilitation program, make restitution to
1400 the victim, or fulfill some other condition.
1401 [
1402 prosecution.
1403 [
1404 yet incurred, including those which a person could recover in a civil action arising out of the
1405 facts or events constituting the defendant's criminal activities and includes the fair market value
1406 of property taken, destroyed, broken, or otherwise harmed, and losses, including lost earnings,
1407 including those and other travel expenses reasonably incurred as a result of participation in
1408 criminal proceedings, and medical and other expenses, but excludes punitive or exemplary
1409 damages and pain and suffering.
1410 [
1411 defendant setting forth the special terms and conditions and criminal charges upon which the
1412 defendant will enter a plea of guilty or no contest.
1413 [
1414 and defendant including diversion, plea agreement, plea in abeyance agreement, or any
1415 agreement by which the defendant may enter a plea in any other jurisdiction or where charges
1416 are dismissed without a plea.
1417 [
1418 prosecution and the defendant, accepting a plea of guilty or of no contest from the defendant
1419 but not, at that time, entering judgment of conviction against him nor imposing sentence upon
1420 him on condition that he comply with specific conditions as set forth in a plea in abeyance
1421 agreement.
1422 [
1423 prosecution and the defendant setting forth the specific terms and conditions upon which,
1424 following acceptance of the agreement by the court, a plea may be held in abeyance.
1425 [
1426 damages to a victim, including prejudgment interest, the accrual of interest from the time of
1427 sentencing, insured damages, reimbursement for payment of a reward, and payment for
1428 expenses to a governmental entity for extradition or transportation and as may be further
1429 defined by law.
1430 [
1431 (i) offered to the public for information leading to the arrest and conviction of an
1432 offender; and
1433 (ii) that has been paid to a person or persons who provide this information, except that
1434 the person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
1435 (b) "Reward" does not include any amount paid in excess of the sum offered to the
1436 public.
1437 [
1438 investigative action, proceed with prosecution, move to dismiss a prosecution that has been
1439 commenced, or cause a prosecution to be diverted.
1440 [
1441 Office for Victims of Crime, [
1442 as a result of the defendant's criminal activities.
1443 (b) "Victim" may not include a codefendant or accomplice.
1444 Section 35. Section 77-38a-302 is amended to read:
1445 77-38a-302. Restitution criteria.
1446 (1) When a defendant enters into a plea disposition or is convicted of criminal activity
1447 that has resulted in pecuniary damages, in addition to any other sentence or term of a plea in
1448 abeyance [
1449 [
1450 defendant has agreed to make restitution as part of a plea disposition.[
1451
1452 determining whether restitution is appropriate, the court shall follow the criteria and procedures
1453 as provided in Subsections (2) through (5).
1454 (2) In determining restitution, the court shall determine complete restitution and
1455 court-ordered restitution.
1456 (a) "Complete restitution" means restitution necessary to compensate a victim for all
1457 losses caused by the defendant.
1458 (b) "Court-ordered restitution" means the restitution the court having criminal
1459 jurisdiction orders the defendant to pay as a part of the criminal sentence.
1460 (c) Complete restitution and court-ordered restitution shall be determined as provided
1461 in Subsection (5).
1462 (3) If the court determines that restitution is appropriate or inappropriate under this
1463 part, the court shall make the reasons for the decision part of the court record.
1464 (4) If the defendant objects to the imposition, amount, or distribution of the restitution,
1465 the court shall allow the defendant a full hearing on the issue.
1466 (5) (a) For the purpose of determining restitution for an offense, the offense shall
1467 include any criminal conduct admitted by the defendant to the sentencing court or for which the
1468 defendant agrees to pay restitution. A victim of an offense that involves as an element a
1469 scheme, a conspiracy, or a pattern of criminal activity, includes any person directly harmed by
1470 the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.
1471 (b) In determining the monetary sum and other conditions for complete restitution, the
1472 court shall consider all relevant facts, including:
1473 (i) the cost of the damage or loss if the offense resulted in damage to or loss or
1474 destruction of property of a victim of the offense;
1475 (ii) the cost of necessary medical and related professional services and devices relating
1476 to physical or mental health care, including nonmedical care and treatment rendered in
1477 accordance with a method of healing recognized by the law of the place of treatment;
1478 (iii) the cost of necessary physical and occupational therapy and rehabilitation;
1479 (iv) the income lost by the victim as a result of the offense;
1480 (v) the individual victim's reasonable determinable wages that are lost due to theft of or
1481 damage to tools or equipment items of a trade that were owned by the victim and were essential
1482 to the victim's current employment at the time of the offense;
1483 (vi) the cost of necessary funeral and related services if the offense resulted in the death
1484 of a victim; and
1485 (vii) expenses incurred by a victim in implementing reasonable security measures in
1486 response to the offense.
1487 (c) In determining the monetary sum and other conditions for court-ordered restitution,
1488 the court shall consider:
1489 (i) the factors listed in Subsections (5)(a) and (b);
1490 (ii) the financial resources of the defendant, as disclosed in the financial declaration
1491 described in Section 77-38a-204;
1492 (iii) the burden that payment of restitution will impose, with regard to the other
1493 obligations of the defendant;
1494 (iv) the ability of the defendant to pay restitution on an installment basis or on other
1495 conditions to be fixed by the court;
1496 (v) the rehabilitative effect on the defendant of the payment of restitution and the
1497 method of payment; and
1498 (vi) other circumstances that the court determines may make restitution inappropriate.
1499 (d) (i) The prosecuting agency shall submit all requests for complete restitution and
1500 court-ordered restitution to the court at the time of sentencing if feasible, otherwise within one
1501 year after sentencing.
1502 (ii) If a defendant is placed on probation pursuant to Section 77-18-1:
1503 (A) the court shall determine complete restitution and court-ordered restitution; and
1504 (B) the time period for determination of complete restitution and court-ordered
1505 restitution may be extended by the court upon a finding of good cause, but may not exceed the
1506 period of the probation term served by the defendant.
1507 (iii) If the defendant is committed to prison:
1508 (A) any pecuniary damages that have not been determined by the court within one year
1509 after sentencing may be determined by the Board of Pardons and Parole; and
1510 (B) the Board of Pardons and Parole may, within one year after sentencing, refer an
1511 order of judgment and commitment back to the court for determination of restitution.
1512 Section 36. Section 77-38a-404 is amended to read:
1513 77-38a-404. Priority.
1514 (1) Restitution payments made pursuant to a court order shall be disbursed to victims
1515 within 60 days of receipt from the defendant by the court or department provided:
1516 (a) the victim has complied with Subsection 77-38a-203(1)(b);
1517 (b) if the defendant has tendered a negotiable instrument, funds from the financial
1518 institution are actually received; and
1519 (c) the payment to the victim is at least $5, unless the payment is the final payment.
1520 (2) If restitution to more than one person, agency, or entity is required at the same time,
1521 the department shall establish the following priorities of payment, except as provided in
1522 Subsection (4):
1523 (a) the crime victim;
1524 (b) the Utah Office for Victims of Crime;
1525 (c) any other government agency which has provided reimbursement to the victim as a
1526 result of the offender's criminal conduct;
1527 (d) the person, entity, or governmental agency that has offered and paid a reward under
1528 Section 77-32a-101 [
1529 (e) any insurance company which has provided reimbursement to the victim as a result
1530 of the offender's criminal conduct; and
1531 (f) any county correctional facility to which the defendant is required to pay restitution
1532 under Subsection 76-3-201(6).
1533 (3) Restitution ordered under Subsection (2)(f) is paid after criminal fines and
1534 surcharges are paid.
1535 (4) If the offender is required under Section 53-10-404 to reimburse the department for
1536 the cost of obtaining the offender's DNA specimen, this reimbursement is the next priority after
1537 restitution to the crime victim under Subsection (2)(a).
1538 (5) All money collected for court-ordered obligations from offenders by the department
1539 will be applied:
1540 (a) first, to victim restitution, except the current and past due amount of $30 per month
1541 required to be collected by the department under Section 64-13-21, if applicable; and
1542 (b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection
1543 (4).
1544 (6) Restitution owed to more than one victim shall be disbursed to each victim
1545 according to the percentage of each victim's share of the total restitution order.
1546 Section 37. Section 78A-5-102 is amended to read:
1547 78A-5-102. Jurisdiction -- Appeals.
1548 (1) As used in this section:
1549 (a) "Qualifying offense" means an offense described in Subsection 78A-6-703.2(1)(b).
1550 (b) "Separate offense" means any offense that is not a qualifying offense.
1551 (c) "Single criminal episode" means the same as that term is defined in Section
1552 76-1-401.
1553 [
1554 district court has original jurisdiction in all matters civil and criminal[
1555
1556 [
1557 (3) A district court judge may issue all extraordinary writs and other writs necessary to
1558 carry into effect [
1559 [
1560 with the rules of the Supreme Court.
1561 [
1562 court prior to July 1, 1996.
1563 [
1564 justice court as outlined in Section 78A-7-118 and small claims appeals filed [
1565 accordance with Section 78A-8-106.
1566 [
1567 decrees of the district court [
1568 [
1569 (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4,
1570 Administrative Procedures Act, and shall comply with the requirements of that chapter in its
1571 review of agency adjudicative proceedings; and
1572 (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
1573 [
1574
1575
1576 (9) Notwithstanding Section 78A-7-106, the district court has original jurisdiction
1577 over:
1578 (a) a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
1579 ordinance for which a justice court has original jurisdiction under Section 78A-6-106 if:
1580 [
1581 [
1582 district courthouse is located and that municipality has not formed, or has not formed and then
1583 dissolved, a justice court; or
1584 [
1585 single criminal episode alleging the commission of a felony or a class A misdemeanor[
1586 individual who is 18 years old or older ; or
1587 (b) a qualifying offense committed by an individual who is 16 or 17 years old.
1588 [
1589
1590
1591 (10) (a) Notwithstanding Subsection 78A-7-106(2), the district court has exclusive
1592 jurisdiction over any separate offense:
1593 (i) committed by an individual who is 16 or 17 years old; and
1594 (ii) arising from a single criminal episode containing a qualifying offense for which the
1595 district court has original jurisdiction under Subsection (9)(b).
1596 (b) If an individual who is charged with a qualifying offense enters a plea to, or is
1597 found guilty of, a separate offense other than the qualifying offense, the district court shall have
1598 jurisdiction over the separate offense.
1599 (c) If an individual who is 16 or 17 years old is charged with a qualifying offense and
1600 the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal, the
1601 exclusive jurisdiction of the district court over any separate offense is terminated.
1602 (11) If a district court has jurisdiction in accordance with Subsection (6), (9)(a)(i), or
1603 (9)(a)(ii), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2)
1604 even if the offense is committed by an individual who is 16 or 17 years old.
1605 (12) The district court has subject matter jurisdiction over an offense for which the
1606 juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
1607 offense to the district court in accordance with Section 78A-6-703.5.
1608 [
1609 under Title 78B, Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the
1610 [
1611 Section 38. Section 78A-6-103 is amended to read:
1612 78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
1613 [
1614
1615 [
1616
1617
1618 [
1619
1620 [
1621 (1) Except as otherwise provided by Subsections 78A-5-102(9), 78A-5-102(10), and
1622 78A-7-106(2), the juvenile court has original jurisdiction over:
1623 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1624 state, or federal law, that was committed by a child; and
1625 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1626 state, or federal law, that was committed by an individual:
1627 (i) who is under 21 years old at the time of all court proceedings; and
1628 (ii) who was under 18 years old at the time the offense was committed.
1629 (2) The juvenile court has original jurisdiction over any proceeding concerning:
1630 [
1631 terms are defined in Section 78A-6-105;
1632 [
1633 Chapter 7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district
1634 court if the juvenile court has entered an ex parte protective order and finds that:
1635 (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
1636 parent of the child who is the object of the petition;
1637 (ii) the district court has a petition pending or an order related to custody or parent-time
1638 entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
1639 or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
1640 respondent are parties; and
1641 (iii) the best interests of the child will be better served in the district court;
1642 [
1643 minor who comes within the court's jurisdiction under other provisions of this section;
1644 [
1645 [
1646 Termination of Parental Rights Act, including termination of residual parental rights and
1647 duties;
1648 [
1649 [
1650 determination of voluntariness or where otherwise required by law;
1651 [
1652 at the discretion of the court and on the recommendation of a secure facility, the parent [
1653
1654 rehabilitation therapy under the direction of a secure facility therapist, who has supervision of
1655 that parent's [
1656 by the court as recommended by a secure facility;
1657 [
1658 [
1659 (j) the treatment or commitment of a child with a mental illness in accordance with
1660 Subsection (11) ;
1661 [
1662 with Section 62A-15-301;
1663 [
1664 Section 78A-6-1301;
1665 [
1666 adjudicative proceeding as provided in Section 63G-4-402; and
1667 [
1668 78B, Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an
1669 order terminating the rights of a parent and finds that adoption is in the best interest of the
1670 child.
1671 [
1672
1673 [
1674 [
1675 [
1676
1677
1678 [
1679
1680
1681 (3) (a) Except as provided in Subsection (3)(c), the juvenile court has exclusive
1682 jurisdiction over a felony, misdemeanor, infraction, or violation of an ordinance:
1683 (i) committed by a child and that arises from a single criminal episode containing an
1684 offense for which:
1685 (A) a citation, petition, indictment, or criminal information is filed; and
1686 (B) the court has original jurisdiction; and
1687 (ii) committed by an individual who is under 21 years old at the time of all court
1688 proceedings, but committed before the individual was 18 years old, and that arises from a
1689 single criminal episode containing an offense for which:
1690 (A) a citation, petition, indictment, or criminal information is filed; and
1691 (B) the court has original jurisdiction.
1692 (b) For purposes of this Subsection (3), the juvenile court has jurisdiction over the
1693 following offenses committed by an individual who is under 21 years old at the time of all
1694 court proceedings, but was under 18 years old at the time the offense was committed:
1695 (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
1696 (ii) Section 73-18-12.
1697 (c) If a juvenile court transfers jurisdiction of an offense to the district court under
1698 Section 78A-6-703.5, the exclusive jurisdiction of the juvenile court over that offense is
1699 terminated.
1700 (4) (a) As used in this Subsection (4):
1701 (i) "Qualifying offense" means an offense described in Sections 78A-3-703.2 and
1702 78A-3-703.3.
1703 (ii) "Separate offense" means any offense that is not a qualifying offense.
1704 (b) The juvenile court:
1705 (i) regains exclusive jurisdiction over any separate offense described in Subsection
1706 (3)(a) if:
1707 (A) the individual who is alleged to have committed the separate offense is bound over
1708 to the district court for a qualifying offense under Section 78A-6-703.5; and
1709 (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal;
1710 and
1711 (ii) gains exclusive jurisdiction over any separate offense described in Subsection
1712 (3)(a) if:
1713 (A) the individual who is alleged to have committed the separate offense is charged for
1714 a qualifying offense under Section 78A-6-703.2 in the district court; and
1715 (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal
1716 in the district court.
1717 [
1718 who is referred to [
1719 public or private agencies that contract with the division to provide services to that child when,
1720 despite earnest and persistent efforts by the division or agency, the child has demonstrated that
1721 the child:
1722 (a) is beyond the control of the child's parent, guardian, or lawful custodian to the
1723 extent that the child's behavior or condition endangers the child's own welfare or the welfare of
1724 others; or
1725 (b) has run away from home.
1726 (6) The juvenile court has continuing jurisdiction over a minor's case for an offense
1727 that is adjudicated under Section 78A-6-117 until jurisdiction is terminated in accordance with
1728 Section 78A-6-120.
1729 [
1730 agencies or other persons.
1731 [
1732 arising under [
1733 [
1734 unsubstantiated, or without merit, in accordance with Section 78A-6-323.
1735 [
1736 transferred to [
1737 Subsection 78A-7-106[
1738 [
1739 mental health authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of
1740 Persons Under Age 18 to Division of Substance Abuse and Mental Health, but not directly to
1741 the Utah State Hospital.
1742 Section 39. Section 78A-6-104 is amended to read:
1743 78A-6-104. Concurrent jurisdiction.
1744 (1) The district court, or any other court, has concurrent jurisdiction with the juvenile
1745 court [
1746
1747
1748 testing for the purposes of establishing paternity, in accordance with Title 78B, Chapter 15,
1749 Utah Uniform Parentage Act, with regard to proceedings initiated under Part 3, Abuse, Neglect,
1750 and Dependency Proceedings, or Part 5, Termination of Parental Rights Act.
1751 (2) The juvenile court has jurisdiction over petitions to modify a minor's birth
1752 certificate if the court otherwise has jurisdiction over the minor.
1753 (3) This section does not deprive the district court of jurisdiction to appoint a guardian
1754 for a child, or to determine the support, custody, and parent-time of a child upon writ of habeas
1755 corpus or when the question of support, custody, and parent-time is incidental to the
1756 determination of a cause in the district court.
1757 (4) (a) When a support, custody, or parent-time award has been made by a district court
1758 in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
1759 continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the
1760 child is dependent, abused, neglected, or otherwise comes within the jurisdiction of the juvenile
1761 court under Section 78A-6-103.
1762 (b) The juvenile court may, by order, change the custody, subject to Subsection
1763 30-3-10(6), support, parent-time, and visitation rights previously ordered in the district court as
1764 necessary to implement the order of the juvenile court for the safety and welfare of the child.
1765 The juvenile court order remains in effect so long as the jurisdiction of the juvenile court
1766 continues.
1767 (c) If a copy of the findings and order of the juvenile court has been filed with the
1768 district court, the findings and order of the juvenile court are binding on the parties to the
1769 divorce action as though entered in the district court.
1770 (5) The juvenile court has jurisdiction over questions of custody, support, and
1771 parent-time of a minor who comes within the court's jurisdiction under this section or Section
1772 78A-6-103.
1773 Section 40. Section 78A-6-105 is amended to read:
1774 78A-6-105. Definitions.
1775 As used in this chapter:
1776 (1) (a) "Abuse" means:
1777 (i) (A) nonaccidental harm of a child;
1778 (B) threatened harm of a child;
1779 (C) sexual exploitation;
1780 (D) sexual abuse; or
1781 (E) human trafficking of a child in violation of Section 76-5-308.5; or
1782 (ii) that a child's natural parent:
1783 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
1784 child;
1785 (B) is identified by a law enforcement agency as the primary suspect in an investigation
1786 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
1787 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1788 recklessly causing the death of another parent of the child.
1789 (b) "Abuse" does not include:
1790 (i) reasonable discipline or management of a child, including withholding privileges;
1791 (ii) conduct described in Section 76-2-401; or
1792 (iii) the use of reasonable and necessary physical restraint or force on a child:
1793 (A) in self-defense;
1794 (B) in defense of others;
1795 (C) to protect the child; or
1796 (D) to remove a weapon in the possession of a child for any of the reasons described in
1797 Subsections (1)(b)(iii)(A) through (C).
1798 (2) "Abused child" means a child who has been subjected to abuse.
1799 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
1800 facts alleged in the petition have been proved. [
1801 (b) "Adjudication" does not mean a finding of not competent to proceed [
1802 in accordance with Section 78A-6-1302 [
1803 (4) (a) "Adult" means an individual [
1804
1805 (b) "Adult" does not include an individual:
1806 (i) who is 18 years old or older; and
1807 (ii) whose case is under the continuing jurisdiction of the juvenile court [
1808 accordance with Section 78A-6-120 [
1809 (5) "Board" means the Board of Juvenile Court Judges.
1810 (6) "Child" means an individual who is under 18 years [
1811 (7) "Child placement agency" means:
1812 (a) a private agency licensed to receive a child for placement or adoption under this
1813 code; or
1814 (b) a private agency that receives a child for placement or adoption in another state,
1815 which agency is licensed or approved where such license or approval is required by law.
1816 (8) "Clandestine laboratory operation" means the same as that term is defined in
1817 Section 58-37d-3.
1818 (9) "Commit" means, unless specified otherwise:
1819 (a) with respect to a child, to transfer legal custody; and
1820 (b) with respect to a minor who is at least 18 years [
1821 (10) "Court" means the juvenile court.
1822 (11) "Criminogenic risk factors" means evidence-based factors that are associated with
1823 a minor's likelihood of reoffending.
1824 (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
1825 committed by an adult.
1826 (13) "Department" means the Department of Human Services created in Section
1827 62A-1-102.
1828 (14) "Dependent child" includes a child who is homeless or without proper care
1829 through no fault of the child's parent, guardian, or custodian.
1830 (15) "Deprivation of custody" means transfer of legal custody by the court from a
1831 parent or the parents or a previous legal custodian to another person, agency, or institution.
1832 (16) "Detention" means home detention and secure detention as defined in Section
1833 62A-7-101 for the temporary care of a minor who requires secure custody in a physically
1834 restricting facility:
1835 (a) pending court disposition or transfer to another jurisdiction; or
1836 (b) while the minor's case is under the continuing jurisdiction of the court.
1837 (17) "Detention risk assessment tool" means an evidence-based tool established under
1838 Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
1839 court or reoffending pre-adjudication and designed to assist in making detention
1840 determinations.
1841 (18) "Developmental immaturity" means incomplete development in one or more
1842 domains which manifests as a functional limitation in the minor's present ability to consult with
1843 counsel with a reasonable degree of rational understanding and have a rational as well as
1844 factual understanding of the proceedings.
1845 (19) "Division" means the Division of Child and Family Services.
1846 (20) "Educational neglect" means that, after receiving a notice of compulsory education
1847 violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
1848 ensure that the child receives an appropriate education.
1849 (21) "Educational series" means an evidence-based instructional series:
1850 (a) obtained at a substance abuse program that is approved by the Division of
1851 Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
1852 (b) designed to prevent substance use or the onset of a mental health disorder.
1853 [
1854 randomized control studies or a meta-analysis demonstrating that the program or practice is
1855 effective for a specific population or has been rated as effective by a standardized program
1856 evaluation tool.
1857 [
1858 77-15-2.
1859 [
1860 probation department or other agency designated by the court and subject to return to the court
1861 in accordance with Section 78A-6-123 on and after July 1, 2018.
1862 [
1863 person informing the court that a minor is, or appears to be, within the court's jurisdiction and
1864 that [
1865 prosecuting attorney.
1866 [
1867 of one or more individuals in the group, depending upon the recommendation of the therapist.
1868 [
1869 (a) marriage;
1870 (b) enlistment in the armed forces;
1871 (c) major medical, surgical, or psychiatric treatment; or
1872 (d) legal custody, if legal custody is not vested in another individual, agency, or
1873 institution.
1874 [
1875 53G-6-201.
1876 [
1877 (a) physical or developmental injury or damage;
1878 (b) emotional damage that results in a serious impairment in the child's growth,
1879 development, behavior, or psychological functioning;
1880 (c) sexual abuse; or
1881 (d) sexual exploitation.
1882 [
1883 the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
1884 nephew, niece, or first cousin.
1885 (b) The relationships described in Subsection [
1886 (i) blood relationships of the whole or half blood, without regard to legitimacy;
1887 (ii) relationships of parent and child by adoption; and
1888 (iii) relationships of stepparent and stepchild while the marriage creating the
1889 relationship of a stepparent and stepchild exists.
1890 [
1891 field supervision, but is overseen by a juvenile probation officer, during which a minor is
1892 subject to return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.
1893 [
1894 functioning existing concurrently with deficits in adaptive behavior that constitutes a
1895 substantial limitation to the individual's ability to function in society.
1896 [
1897 duties:
1898 (a) the right to physical custody of the minor;
1899 (b) the right and duty to protect, train, and discipline the minor;
1900 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1901 medical care;
1902 (d) the right to determine where and with whom the minor shall live; and
1903 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
1904 [
1905 (a) property loss;
1906 (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
1907 (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
1908 police or prosecution; or
1909 (d) medical [
1910 [
1911 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1912 behavioral, or related functioning; or
1913 (b) the same as that term is defined in:
1914 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1915 published by the American Psychiatric Association; or
1916 (ii) the current edition of the International Statistical Classification of Diseases and
1917 Related Health Problems.
1918 [
1919 [
1920 [
1921 [
1922 [
1923 (a) for the purpose of juvenile delinquency:
1924 (i) a child; or
1925 (ii) an individual:
1926 (A) who is at least 18 years old and younger than 25 years old; and
1927 (B) whose case is under the jurisdiction of the juvenile court; and
1928 (b) for all other purposes in this chapter:
1929 (i) a child; or
1930 (ii) an individual:
1931 (A) who is at least 18 years old and younger than 21 years old; and
1932 (B) whose case is under the jurisdiction of the juvenile court.
1933 [
1934 [
1935 behavioral health or psychiatric [
1936 [
1937 the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any
1938 child, or the breast of a female child, or takes indecent liberties with a child as defined in
1939 Section 76-5-416.
1940 [
1941 (b) "Natural parent" includes the minor's noncustodial parent.
1942 [
1943 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
1944 Relinquishment of a Newborn Child;
1945 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
1946 guardian, or custodian;
1947 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
1948 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
1949 well-being;
1950 (iv) a child to be at risk of being neglected or abused because another child in the same
1951 home is neglected or abused;
1952 (v) abandonment of a child through an unregulated custody transfer; or
1953 (vi) educational neglect.
1954 (b) "Neglect" does not include:
1955 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
1956 reason, does not provide specified medical treatment for a child;
1957 (ii) a health care decision made for a child by the child's parent or guardian, unless the
1958 state or other party to a proceeding shows, by clear and convincing evidence, that the health
1959 care decision is not reasonable and informed;
1960 (iii) a parent or guardian exercising the right described in Section 78A-6-301.5; or
1961 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
1962 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
1963 including:
1964 (A) traveling to and from school, including by walking, running, or bicycling;
1965 (B) traveling to and from nearby commercial or recreational facilities;
1966 (C) engaging in outdoor play;
1967 (D) remaining in a vehicle unattended, except under the conditions described in
1968 Subsection 76-10-2202(2);
1969 (E) remaining at home unattended; or
1970 (F) engaging in a similar independent activity.
1971 [
1972 [
1973 probation officer without judicial determination upon the consent in writing of:
1974 (a) the assigned probation officer; and
1975 (b) (i) the minor; or
1976 (ii) the minor and the minor's parent, legal guardian, or custodian.
1977 [
1978 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
1979 (a) understand the nature of the proceedings against [
1980 potential disposition for the offense charged; or
1981 (b) consult with counsel and participate in the proceedings against [
1982 with a reasonable degree of rational understanding.
1983 [
1984 child.
1985 [
1986 adjudication on the ground of a violation of law or under Section 78A-6-103, whereby the
1987 minor is permitted to remain in the minor's home under prescribed conditions.
1988 (46) "Prosecuting attorney" means:
1989 (a) the attorney general and any assistant attorney general;
1990 (b) any district attorney or deputy district attorney;
1991 (c) any county attorney or assistant county attorney; and
1992 (d) any other attorney authorized to commence an action on behalf of the state.
1993 [
1994 following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
1995 is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,
1996 neglect, or dependency is provided by the probation department or other agency designated by
1997 the court.
1998 [
1999 (i) is found to be closely related to intellectual disability;
2000 (ii) results in impairment of general intellectual functioning or adaptive behavior
2001 similar to that of an intellectually disabled individual;
2002 (iii) is likely to continue indefinitely; and
2003 (iv) constitutes a substantial limitation to the individual's ability to function in society.
2004 (b) "Related condition" does not include mental illness, psychiatric impairment, or
2005 serious emotional or behavioral disturbance.
2006 [
2007 remaining with the parent after legal custody or guardianship, or both, have been vested in
2008 another person or agency, including:
2009 (i) the responsibility for support;
2010 (ii) the right to consent to adoption;
2011 (iii) the right to determine the child's religious affiliation; and
2012 (iv) the right to reasonable parent-time unless restricted by the court.
2013 (b) If no guardian has been appointed, "residual parental rights and duties" [
2014
2015 (i) marriage;
2016 (ii) enlistment; and
2017 (iii) major medical, surgical, or psychiatric treatment.
2018 [
2019 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
2020 youth offenders committed to the division for custody and rehabilitation [
2021 accordance with Subsection 78A-6-117(2)(d).
2022 [
2023 to a child.
2024 [
2025 harm to a child.
2026 [
2027 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2028 adult directed towards a child;
2029 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2030 committed by a child towards another child if:
2031 (i) there is an indication of force or coercion;
2032 (ii) the children are related, as described in Subsection [
2033 by marriage while the marriage exists or by adoption;
2034 (iii) there have been repeated incidents of sexual contact between the two children,
2035 unless the children are 14 years [
2036 (iv) there is a disparity in chronological age of four or more years between the two
2037 children;
2038 (c) engaging in any conduct with a child that would constitute an offense under any of
2039 the following, regardless of whether the individual who engages in the conduct is actually
2040 charged with, or convicted of, the offense:
2041 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2042 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2043 (ii) child bigamy, Section 76-7-101.5;
2044 (iii) incest, Section 76-7-102;
2045 (iv) lewdness, Section 76-9-702;
2046 (v) sexual battery, Section 76-9-702.1;
2047 (vi) lewdness involving a child, Section 76-9-702.5; or
2048 (vii) voyeurism, Section 76-9-702.7; or
2049 (d) subjecting a child to participate in or threatening to subject a child to participate in
2050 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
2051 marriage.
2052 [
2053 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2054 (i) pose in the nude for the purpose of sexual arousal of any individual; or
2055 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2056 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2057 (b) displaying, distributing, possessing for the purpose of distribution, or selling
2058 material depicting a child:
2059 (i) in the nude, for the purpose of sexual arousal of any individual; or
2060 (ii) engaging in sexual or simulated sexual conduct; or
2061 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2062 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
2063 is actually charged with, or convicted of, the offense.
2064 [
2065 facility pending court disposition or transfer to another jurisdiction.
2066 (56) "Single criminal episode" means the same as that term is defined in Section
2067 76-1-401.
2068 [
2069 but for the age of the offender.
2070 [
2071 drugs or substances.
2072 [
2073 62A-4a-101.
2074 [
2075 [
2076 parental rights and duties, including residual parental rights and duties, by court order.
2077 [
2078 (a) an individual employed by a state division or agency for the purpose of conducting
2079 psychological treatment and counseling of a minor in its custody; or
2080 (b) any other individual licensed or approved by the state for the purpose of conducting
2081 psychological treatment and counseling.
2082 [
2083 indicating that the child is at an unreasonable risk of harm or neglect.
2084 [
2085 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
2086 sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
2087 whom the child is familiar, or a member of the child's federally recognized tribe;
2088 (b) with the intent of severing the child's existing parent-child or guardian-child
2089 relationship; and
2090 (c) without taking:
2091 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
2092 and
2093 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
2094 guardianship to the individual taking custody of the child.
2095 [
2096 62A-4a-101.
2097 [
2098 62A-4a-101.
2099 [
2100 assesses a minor's risk of reoffending and a minor's criminogenic needs.
2101 (68) (a) "Victim" means a person that the court determines has suffered a material loss
2102 as a result of a minor's wrongful act or conduct.
2103 (b) "Victim" includes the Utah Office for Victims of Crime.
2104 [
2105 62A-4a-101.
2106 Section 41. Section 78A-6-108 is amended to read:
2107 78A-6-108. Title of petition and other court documents -- Form and contents of
2108 petition -- Order for temporary custody or protective services -- Physical or psychological
2109 examination of minor, parent, or guardian -- Dismissal of petition.
2110 (1) The petition and all subsequent court documents in the proceeding shall be entitled:
2111 "State of Utah, in the interest of...................., [
2112 [
2113 (2) The petition shall be verified and statements in the petition may be made upon
2114 information and belief.
2115 (3) The petition shall be written in simple and brief language and include the facts
2116 which bring the minor within the jurisdiction of the court, as provided in Section 78A-6-103.
2117 (4) The petition shall further state:
2118 (a) the name, age, and residence of the minor;
2119 (b) the names and residences of the minor's parents;
2120 (c) the name and residence of the guardian, if there is one;
2121 (d) the name and address of the nearest known relative, if no parent or guardian of a
2122 minor is known; and
2123 (e) the name and residence of the person having physical custody of the minor. If any
2124 of the facts required are not known by the petitioner, the petition shall so state.
2125 (5) At any time after a petition is filed, the court may make an order:
2126 (a) providing for temporary custody of the minor; or
2127 (b) that the [
2128 services to the child, if the court determines that:
2129 (i) the child is at risk of being removed from the child's home due to abuse or neglect;
2130 and
2131 (ii) the provision of protective services may make the removal described in Subsection
2132 (5)(b)(i) unnecessary.
2133 (6) (a) The court may order that a minor concerning whom a petition has been filed
2134 shall be examined by a physician, surgeon, psychiatrist, or psychologist and may place the
2135 minor in a hospital or other facility for examination.
2136 (b) After notice and a hearing set for the specific purpose, the court may order a similar
2137 examination of a parent or guardian whose ability to care for a minor is at issue, if the court
2138 finds from the evidence presented at the hearing that the parent's or guardian's physical, mental,
2139 or emotional condition may be a factor in causing the neglect, dependency, or delinquency of
2140 the minor.
2141 [
2142
2143
2144 (7) An examination conducted in accordance with Subsection (6) is not a privileged
2145 communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general
2146 rule of privilege.
2147 (8) The court may dismiss a petition at any stage of the proceedings.
2148 (9) If the petition is filed under Section 78A-6-304 or 78A-6-505, or if the matter is
2149 referred to the court under Subsection 78A-6-104(5), the court may require the parties to
2150 participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute
2151 Resolution Act.
2152 Section 42. Section 78A-6-112 is amended to read:
2153 78A-6-112. Minor taken into custody by peace officer, private citizen, or
2154 probation officer -- Grounds -- Notice requirements -- Release or detention -- Grounds
2155 for peace officer to take adult into custody.
2156 (1) A minor may be taken into custody by a peace officer without [
2157
2158 (a) [
2159
2160 (b) [
2161 committed by an adult would be a felony;
2162 (c) the minor:
2163 (i) (A) is seriously endangered in the minor's surroundings; or
2164 (B) seriously endangers others; and
2165 (ii) immediate removal appears to be necessary for the minor's protection or the
2166 protection of others;
2167 (d) [
2168 the minor's parents, guardian, or custodian; or
2169 (e) [
2170 (i) subject to the state's compulsory education law; and
2171 (ii) absent from school without legitimate or valid excuse, subject to Section
2172 53G-6-208.
2173 (2) (a) A private citizen or a probation officer may take a minor into custody if under
2174 the circumstances the private citizen or probation officer could make a citizen's arrest if the
2175 minor was an adult.
2176 (b) A probation officer may [
2177 (i) under the same circumstances as a peace officer in Subsection (1); [
2178 (ii) if the minor has violated the conditions of probation[
2179 (iii) if the minor is under the continuing jurisdiction of the juvenile court; or
2180 (iv) in emergency situations in which a peace officer is not immediately available.
2181 (3) (a) (i) If an officer or other person takes a minor into temporary custody under
2182 Subsection (1) or (2), the officer or person shall, without unnecessary delay, notify the parents,
2183 guardian, or custodian.
2184 (ii) The minor shall then be released to the care of the minor's parent or other
2185 responsible adult, unless the minor's immediate welfare or the protection of the community
2186 requires the minor's detention.
2187 (b) If the minor is taken into custody under Subsection (1) or (2) or placed in detention
2188 under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in
2189 violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
2190 taking the minor into custody shall, as soon as practicable or as established under Subsection
2191 53G-8-402(2), notify the school superintendent of the district in which the minor resides or
2192 attends school for the purposes of the minor's supervision and student safety.
2193 (i) The notice shall disclose only:
2194 (A) the name of the minor;
2195 (B) the offense for which the minor was taken into custody or detention; and
2196 (C) if available, the name of the victim, if the victim:
2197 (I) resides in the same school district as the minor; or
2198 (II) attends the same school as the minor.
2199 (ii) The notice shall be classified as a protected record under Section 63G-2-305.
2200 (iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
2201 Records Access and Management Act, and the federal Family Educational Rights and Privacy
2202 Act.
2203 (c) Employees of a governmental agency are immune from any criminal liability for
2204 providing or failing to provide the information required by this section unless the person acts or
2205 fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
2206 (d) Before the minor is released, the parent or other person to whom the minor is
2207 released shall be required to sign a written promise on forms supplied by the court to bring the
2208 minor to the court at a time set or to be set by the court.
2209 (4) (a) A child may not be held in temporary custody by law enforcement any longer
2210 than is reasonably necessary to obtain the child's name, age, residence, and other necessary
2211 information and to contact the child's parents, guardian, or custodian.
2212 (b) If the minor is not released under Subsection (3), the minor shall be taken to a place
2213 of detention or shelter without unnecessary delay.
2214 (5) (a) The person who takes a minor to a detention or shelter facility shall promptly
2215 file with the detention or shelter facility a written report on a form provided by the division
2216 stating:
2217 (i) the details of the presently alleged offense;
2218 (ii) the facts that bring the minor within the jurisdiction of the juvenile court;
2219 (iii) the reason the minor was not released by law enforcement; and
2220 (iv) the eligibility of the minor under the division guidelines for detention admissions
2221 established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor
2222 is under consideration for detention.
2223 (b) (i) The designated facility staff person shall immediately review the form and
2224 determine, based on the guidelines for detention admissions established by the Division of
2225 Juvenile Justice Services under Section 62A-7-202, the results of the detention risk assessment,
2226 and the criteria for detention eligibility under Section 78A-6-113, whether to:
2227 (A) admit the minor to secure detention;
2228 (B) admit the minor to home detention;
2229 (C) place the minor in another alternative to detention; or
2230 (D) return the minor home upon written promise to bring the minor to the court at a
2231 time set, or without restriction.
2232 (ii) If the designated facility staff person determines to admit the minor to home
2233 detention, that staff person shall notify the juvenile court of that determination. The court shall
2234 order that notice be provided to the designated persons in the local law enforcement agency and
2235 the school or transferee school, if applicable, which the minor attends of the home detention.
2236 The designated persons may receive the information for purposes of the minor's supervision
2237 and student safety.
2238 (iii) Any employee of the local law enforcement agency and the school [
2239 minor attends who discloses the notification of home detention is not:
2240 (A) civilly liable except when disclosure constitutes fraud or willful misconduct as
2241 provided in Section 63G-7-202; and
2242 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
2243 of Section 63G-2-801.
2244 (iv) The person who takes a minor to a detention facility or the designated facility staff
2245 person may release a minor to a less restrictive alternative even if the minor is eligible for
2246 secure detention under this Subsection (5).
2247 (c) A minor may not be admitted to detention unless:
2248 (i) the minor is detainable based on the guidelines; or
2249 (ii) the minor has been brought to detention [
2250 (A) a judicial order; or
2251 (B) a division warrant [
2252 (d) If a minor taken to detention does not qualify for admission under the guidelines
2253 established by the division under Section 62A-7-104 or the eligibility criteria under Subsection
2254 (4) and this Subsection (5), detention staff shall arrange an appropriate alternative.
2255 (e) If a minor is taken into custody and admitted to a secure detention or shelter
2256 facility, facility staff shall:
2257 (i) immediately notify the minor's parents, guardian, or custodian; and
2258 (ii) promptly notify the court of the placement.
2259 (f) If the minor is admitted to a secure detention or shelter facility outside the county of
2260 the minor's residence and it is determined in the hearing held under Subsection 78A-6-113(3)
2261 that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
2262 the minor's residence to transport the minor to a detention or shelter facility as provided in this
2263 section.
2264 (6) [
2265 court order:
2266 (i) if the [
2267 (ii) if there is reason to believe that a child is being abused by the [
2268 and any of the situations [
2269 Section 43. Section 78A-6-113 is amended to read:
2270 78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
2271 Detention hearings -- Period of detention -- Notice -- Confinement for criminal
2272 proceedings -- Bail laws inapplicable -- Exception.
2273 (1) (a) A minor may not be placed or kept in a secure detention facility pending court
2274 proceedings, except in accordance with Section 78A-6-112.
2275 (b) A child may not be placed or kept in a shelter facility pending court proceedings
2276 unless it is unsafe to leave the child with the child's parents, guardian, or custodian.
2277 (c) (i) A court may temporarily place in a detention facility, as provided in Subsection
2278 (4), a child who is taken into custody based upon a warrant issued under Subsection
2279 78A-6-106(6), if the court finds that detention is the least restrictive placement available to
2280 ensure the immediate safety of the child.
2281 (ii) A child placed in detention under Subsection (1)(c)(i) may not be held in detention
2282 longer than is necessary for the division to identify a less restrictive, available, and appropriate
2283 placement for the child.
2284 (2) (a) After admission of a child to a detention facility pursuant to Section 78A-6-112
2285 and immediate investigation by an authorized officer of the court, the judge or the officer shall
2286 order the release of the child to the child's [
2287
2288 guardian's, or the custodian's care, either upon written promise to bring the child to the court at
2289 a time set or without restriction.
2290 [
2291 facility within 24 hours after notification of release, the parent, guardian, or custodian is
2292 responsible for the cost of care for the time the child remains in the facility.
2293 [
2294 [
2295 Division of Juvenile Justice Services to recover the cost of care for the time the child remains
2296 in the facility.
2297 (3) (a) When a child is detained in a detention or shelter facility, the parents or
2298 guardian shall be informed by the person in charge of the facility that the parent's or guardian's
2299 child has the right to a prompt hearing in court to determine whether the child is to be further
2300 detained or released.
2301 (b) When a minor is detained in a detention facility, the minor shall be informed by the
2302 person in charge of the facility that the minor has the right to a prompt hearing in court to
2303 determine whether the minor is to be further detained or released.
2304 (c) Detention hearings shall be held by the judge or by a commissioner.
2305 (d) The court may, at any time, order the release of the minor, whether a detention
2306 hearing is held or not.
2307 (e) If a child is released, and the child remains in the facility, because the parents,
2308 guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
2309 responsible for the cost of care as provided in Subsections [
2310 (d).
2311 [
2312
2313
2314 (4) (a) A minor may not be held in a detention facility longer than 24 hours, unless a
2315 court determines that there is probable cause for the minor's arrest.
2316 (b) The court shall hold a detention hearing within 48 hours of the minor's arrest,
2317 excluding weekends and holidays, to determine whether the minor should:
2318 (i) remain in detention in accordance with Subsection 78A-6-113(4)(f);
2319 (ii) be released to a parent or guardian; or
2320 (iii) be placed in any other party's custody as authorized by statute.
2321 (c) The probable cause determination under Subsection (4)(a) and the detention hearing
2322 under Subsection (4)(b) may occur at the same time if the probable cause determination and the
2323 detention hearing occur within the time frames under Subsection (4)(a) and (4)(b).
2324 [
2325 shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has
2326 been entered by the court after notice to all parties described in Section 78A-6-306.
2327 [
2328 provide the court with all information received from the person who brought the minor to the
2329 detention facility.
2330 [
2331 be placed in another appropriate facility, subject to further order of the court, if the court finds
2332 at a detention hearing that:
2333 (i) releasing the minor to the minor's parent, guardian, or custodian presents an
2334 unreasonable risk to public safety;
2335 (ii) less restrictive nonresidential alternatives to detention have been considered and,
2336 where appropriate, attempted; and
2337 (iii) the minor is eligible for detention under the division guidelines for detention
2338 admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202
2339 and under Section 78A-6-112.
2340 [
2341 from detention. If a minor remains in a detention facility, periodic reviews shall be held
2342 [
2343 the Utah Rules of Juvenile Procedure to ensure that continued detention is necessary.
2344 (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
2345 an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
2346 notice of [
2347 provided to designated persons in the appropriate local law enforcement agency and the district
2348 superintendent or the school or transferee school, if applicable, that the minor attends. The
2349 designated persons may receive the information for purposes of the minor's supervision and
2350 student safety.
2351 (iii) Any employee of the local law enforcement agency, the school district, and the
2352 school that the minor attends who discloses the court's order of probation is not:
2353 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
2354 provided in Section 63G-7-202; and
2355 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
2356 of Section 63G-2-801.
2357 (5) A minor may not be held in a detention facility, following a dispositional order of
2358 the court for nonsecure substitute care as defined in Section 62A-4a-101, or for
2359 community-based placement under Section 62A-7-101.
2360 (6) (a) Except as otherwise provided in this section, a minor may not be held in a
2361 detention facility following a disposition order of the court for longer than 72 hours, excluding
2362 weekends and holidays.
2363 (b) The period of detention may be extended by the court for a cumulative total of
2364 seven calendar days if:
2365 (i) the Division of Juvenile Justice Services, or another agency responsible for
2366 placement, files a written petition with the court requesting the extension and setting forth good
2367 cause; and
2368 (ii) the court enters a written finding that it is in the best interests of both the minor and
2369 the community to extend the period of detention.
2370 (c) The court may extend the period of detention beyond the seven calendar days if the
2371 court finds by clear and convincing evidence that:
2372 (i) the Division of Juvenile Justice Services or another agency responsible for
2373 placement does not have space for the minor; and
2374 (ii) the safety of the minor and community requires an extension of the period of
2375 detention.
2376 (d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
2377 excluding weekends and holidays, regarding [
2378 Justice Services or another agency responsible for placement has space for the minor.
2379 (7) The agency requesting an extension shall promptly notify the detention facility that
2380 a written petition has been filed.
2381 (8) The court shall promptly notify the detention facility regarding [
2382 initial disposition and any ruling on a petition for an extension, whether granted or denied.
2383 (9) (a) (i) A child [
2384 held in a jail, lockup, or other place for adult detention, except as provided by [
2385
2386 78A-6-703.5 or 78A-6-703.6.
2387 (ii) Section 62A-7-201 regarding confinement facilities applies to this Subsection (9).
2388 (b) (i) A child [
2389 conduct or condition endangers the safety or welfare of others in the detention facility for
2390 children may, by court order that specifies the reasons, be detained in another place of
2391 confinement considered appropriate by the court, including a jail or other place of confinement
2392 for adults. [
2393 (ii) A secure facility is not an appropriate place of confinement for detention purposes
2394 under this section.
2395 (10) A sheriff, warden, or other official in charge of a jail or other facility for the
2396 detention of adult offenders or [
2397 immediately notify the juvenile court when [
2398 under 18 years [
2399 transfer of the [
2400 juvenile court.
2401 (11) This section does not apply to a minor who is brought to the adult facility [
2402
2403
2404 Section 78A-6-703.2, 78A-6-703.5, or 78A-6-703.6.
2405 [
2406
2407
2408 [
2409 (12) A provision of law regarding bail [
2410 taken into custody under this chapter, except that bail may be allowed:
2411 (a) if a minor who need not be detained lives outside this state; or
2412 (b) when a minor who need not be detained comes within one of the classes in
2413 [
2414 [
2415 commits an act against a jail or other place of confinement, including a Division of Juvenile
2416 Justice Services detention, shelter, or secure confinement facility [
2417 degree felony if committed by an adult.
2418 Section 44. Section 78A-6-116 is amended to read:
2419 78A-6-116. Minor's cases considered civil proceedings -- Effect of adjudication of
2420 jurisdiction by juvenile court -- Minor not to be charged with crime -- Exception for a
2421 prior adjudication -- Traffic violation cases -- Abstracts to Department of Public Safety.
2422 (1) Except as provided in [
2423 78A-6-703.2, 78A-6-703.5, or 78A-6-703.6, [
2424
2425 powers.
2426 (2) (a) An adjudication by a juvenile court [
2427
2428 crime, except in cases involving traffic violations.
2429 (b) An adjudication may not:
2430 (i) operate to impose any civil disabilities upon the minor [
2431 (ii) disqualify the minor for any civil service or military service or appointment.
2432 (3) (a) [
2433 78A-6-703.2, 78A-6-703.3, or 78A-6-703.5, a minor may not be charged with a crime [
2434 convicted in any court [
2435
2436 (b) Except as provided in Section 78A-6-703.5, if a petition [
2437 juvenile court, the minor may not later be [
2438 the same facts [
2439 (4) (a) An adjudication by a juvenile court [
2440
2441 purposes of determining the level of offense for which a minor may be charged and enhancing
2442 the level of an offense in the juvenile court.
2443 (b) A prior adjudication may be used to enhance the level or degree of an offense
2444 committed by an adult only as otherwise specifically provided.
2445 (5) Abstracts of court records for all adjudications of traffic violations shall be
2446 submitted to the Department of Public Safety as provided in Section 53-3-218.
2447 (6) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution
2448 may be forwarded to employers, financial institutions, law enforcement, constables, the Office
2449 of Recovery Services, or other agencies for purposes of enforcing the order as provided in
2450 Section 78A-6-117.
2451 Section 45. Section 78A-6-117 is amended to read:
2452 78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
2453 Enumeration of possible court orders -- Considerations of court.
2454 (1) (a) Except as provided in Subsection (1)(b), when a minor is found to come within
2455 Section 78A-6-103, the court shall adjudicate the case and make findings of fact upon which
2456 the court bases the court's jurisdiction over the [
2457 (b) For a case described in Subsection 78A-6-103(1), findings of fact are not necessary.
2458 (c) If the court adjudicates a minor for [
2459 violation of Title 76, Chapter 10, Part 5, Weapons, the court shall order that notice of the
2460 adjudication be provided to the school superintendent of the district in which the minor resides
2461 or attends school. Notice shall be made to the district superintendent within three days of the
2462 adjudication and shall include:
2463 (i) the specific offenses for which the minor was adjudicated; and
2464 (ii) if available, whether the victim:
2465 (A) resides in the same school district as the minor; or
2466 (B) attends the same school as the minor.
2467 (d) (i) An adjudicated minor shall undergo a risk screening or, if indicated, a validated
2468 risk and needs assessment.
2469 (ii) Results of the screening or assessment shall be used to inform disposition decisions
2470 and case planning. Assessment results, if available, may not be shared with the court before
2471 adjudication.
2472 (2) Upon adjudication the court may make the following dispositions by court order:
2473 (a) (i) the court may place the minor on probation or under protective supervision in
2474 the minor's own home and upon conditions determined by the court, including community or
2475 compensatory service;
2476 (ii) a condition ordered by the court under Subsection (2)(a)(i):
2477 (A) shall be individualized and address a specific risk or need;
2478 (B) shall be based on information provided to the court, including the results of a
2479 validated risk and needs assessment conducted under Subsection (1)(d);
2480 (C) if the court orders substance abuse treatment or an educational series, shall be
2481 based on a validated risk and needs assessment conducted under Subsection (1)(d); and
2482 (D) if the court orders protective supervision, may not designate the division as the
2483 provider of protective supervision unless there is a petition regarding abuse, neglect, or
2484 dependency before the court requesting that the division provide protective supervision;
2485 (iii) a court may not issue a standard order that contains control-oriented conditions;
2486 (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
2487 minor and not the minor's family;
2488 (v) if the court orders probation, the court may direct that notice of the court's order be
2489 provided to designated individuals in the local law enforcement agency and the school or
2490 transferee school, if applicable, that the minor attends. The designated individuals may receive
2491 the information for purposes of the minor's supervision and student safety; and
2492 (vi) an employee of the local law enforcement agency and the school that the minor
2493 attends who discloses the court's order of probation is not:
2494 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
2495 provided in Section 63G-7-202; and
2496 (B) civilly or criminally liable except when the disclosure constitutes a knowing
2497 violation of Section 63G-2-801.
2498 (b) The court may place the minor in the legal custody of a relative or other suitable
2499 individual, with or without probation or other court-specified child welfare services, but the
2500 juvenile court may not assume the function of developing foster home services.
2501 (c) The court shall only vest legal custody of the minor in the Division of Juvenile
2502 Justice Services and order the Division of Juvenile Justice Services to provide dispositional
2503 recommendations and services if:
2504 (i) nonresidential treatment options have been exhausted or nonresidential treatment
2505 options are not appropriate; and
2506 (ii) the minor is adjudicated under this section for a felony offense, a misdemeanor
2507 when the minor has five prior misdemeanors or felony adjudications arising from separate
2508 criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
2509 Section 76-1-601.
2510 (d) (i) The court may not vest legal custody of a minor in the Division of Juvenile
2511 Justice Services for:
2512 (A) contempt of court except to the extent permitted under Section 78A-6-1101;
2513 (B) a violation of probation;
2514 (C) failure to pay a fine, fee, restitution, or other financial obligation;
2515 (D) unfinished compensatory or community service hours;
2516 (E) an infraction; or
2517 (F) a status offense.
2518 (ii) (A) A minor who is 18 years old or older, but younger than 21 years old, may
2519 petition the court to express the minor's desire to be removed from the jurisdiction of the
2520 juvenile court and from the custody of the [
2521 the minor is in the division's custody on grounds of abuse, neglect, or dependency.
2522 (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
2523 Termination of Parental Rights Act, the minor's petition shall contain a statement from the
2524 minor's parent or guardian agreeing that the minor should be removed from the custody of the
2525 [
2526 (C) The minor and the minor's parent or guardian shall sign the petition.
2527 (D) The court shall review the petition within 14 days.
2528 (E) The court shall remove the minor from the custody of the [
2529
2530 requirements described in Subsections (2)(d)(ii)(B) and (C) and if the court finds, based on
2531 input from the [
2532 and the Office of the Attorney General, that the minor does not pose an imminent threat to self
2533 or others.
2534 (F) A minor removed from custody under Subsection (2)(d)(ii)(E) may, within 90 days
2535 of the date of removal, petition the court to re-enter custody of the [
2536
2537 (G) Upon receiving a petition under Subsection (2)(d)(ii)(F), the court shall order the
2538 [
2539 findings the court entered when the court originally vested custody in the [
2540
2541 (e) The court shall only commit a minor to the Division of Juvenile Justice Services for
2542 secure confinement if the court finds that:
2543 (i) (A) the minor poses a risk of harm to others; [
2544 (B) the minor's conduct resulted in the victim's death; and
2545 (ii) the minor is adjudicated under this section for:
2546 [
2547 [
2548 adjudications arising from separate criminal episodes; or
2549 [
2550 76-1-601.
2551 (f) (i) A minor under the jurisdiction of the court solely on the ground of abuse,
2552 neglect, or dependency under Subsection 78A-6-103(1)(b) may not be committed to the
2553 Division of Juvenile Justice Services.
2554 (ii) The court may not commit a minor to the Division of Juvenile Justice Services for
2555 secure confinement for:
2556 (A) contempt of court;
2557 (B) a violation of probation;
2558 (C) failure to pay a fine, fee, restitution, or other financial obligation;
2559 (D) unfinished compensatory or community service hours;
2560 (E) an infraction; or
2561 (F) a status offense.
2562 (g) The court may order nonresidential, diagnostic assessment, including substance use
2563 disorder, mental health, psychological, or sexual behavior risk assessment.
2564 (h) (i) The court may commit a minor to a place of detention or an alternative to
2565 detention for a period not to exceed 30 cumulative days per adjudication subject to the court
2566 retaining continuing jurisdiction over the [
2567 suspended upon conditions ordered by the court.
2568 (ii) This Subsection (2)(h) applies only to a minor adjudicated for:
2569 (A) an act which if committed by an adult would be a criminal offense; or
2570 (B) contempt of court under Section 78A-6-1101.
2571 (iii) The court may not commit a minor to a place of detention for:
2572 (A) contempt of court except to the extent allowed under Section 78A-6-1101;
2573 (B) a violation of probation;
2574 (C) failure to pay a fine, fee, restitution, or other financial obligation;
2575 (D) unfinished compensatory or community service hours;
2576 (E) an infraction; or
2577 (F) a status offense.
2578 (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
2579 cumulative days eligible as a disposition under Subsection (2)(h)(i). If the minor spent more
2580 than 30 days in a place of detention before disposition, the court may not commit a minor to
2581 detention under this section.
2582 (B) Notwithstanding Subsection (2)(h)(iv)(A), the court may commit a minor for a
2583 maximum of seven days while a minor is awaiting placement under Subsection (2)(c). Only the
2584 seven days under this Subsection (2)(h)(iv)(B) may be combined with a nonsecure placement.
2585 (v) Notwithstanding Subsection (2)(v), no more than seven days of detention may be
2586 ordered in combination with an order under Subsection (2)(c).
2587 (i) The court may vest legal custody of an abused, neglected, or dependent minor in the
2588 [
2589 with the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
2590 Dependency Proceedings.
2591 (j) (i) The court may order a minor to repair, replace, or otherwise make restitution for
2592 material loss caused by the minor's wrongful act or for conduct for which the minor agrees to
2593 make restitution.
2594 (ii) A victim[
2595 an element a scheme, a conspiracy, or a pattern of criminal activity, includes any person
2596 directly harmed by the minor's delinquency conduct in the course of the scheme, conspiracy, or
2597 pattern.
2598 (iii) If the victim and the minor agree to participate, the court may refer the case to a
2599 restorative justice program such as victim offender mediation to address how loss resulting
2600 from the adjudicated act may be addressed.
2601 (iv) For the purpose of determining whether and how much restitution is appropriate,
2602 the court shall consider the following:
2603 (A) restitution shall only be ordered for the victim's material loss;
2604 (B) restitution may not be ordered if the court finds that the minor is unable to pay or
2605 acquire the means to pay;
2606 (C) any amount paid by the minor to the victim in civil penalty shall be credited against
2607 restitution owed; and
2608 (D) the length of the presumptive term of supervision shall be taken into account in
2609 determining the minor's ability to satisfy the restitution order within the presumptive term.
2610 (v) Any amount paid to the victim in restitution shall be credited against liability in a
2611 civil suit.
2612 (vi) The court may also require a minor to reimburse an individual, entity, or
2613 governmental agency who offered and paid a reward to a person or persons for providing
2614 information resulting in a court adjudication that the minor is within the jurisdiction of the
2615 juvenile court due to the commission of a criminal offense.
2616 (vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
2617 court may order the minor to make restitution for costs expended by any governmental entity
2618 for the return.
2619 (viii) Within seven days after the day on which a petition is filed under Section
2620 78A-6-602, the prosecuting attorney or the court's probation department shall provide
2621 notification of the restitution process to all reasonably identifiable and locatable victims of an
2622 offense listed in the petition.
2623 (ix) A victim that receives notice under Subsection (2)(j)(viii) is responsible for
2624 providing the prosecutor with:
2625 (A) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
2626 loss;
2627 (B) all documentation of any compensation or reimbursement from an insurance
2628 company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
2629 (C) if applicable, the victim's proof of identification, including the victim's date of
2630 birth, social security number, or driver license number; and
2631 (D) the victim's contact information, including the victim's current home and work
2632 address and telephone number.
2633 [
2634 (x) A prosecutor or victim shall submit a request for restitution to the court at the time
2635 of disposition, if feasible, otherwise within [
2636 [
2637 (xi) The court shall order a financial disposition that prioritizes the payment of
2638 restitution.
2639 (k) The court may issue orders necessary for the collection of restitution and fines
2640 ordered by the court, including garnishments, wage withholdings, and executions, except for an
2641 order that changes the custody of the minor, including detention or other secure or nonsecure
2642 residential placements.
2643 (l) (i) The court may through the court's probation department encourage the
2644 development of nonresidential employment or work programs to enable a minor to fulfill the
2645 minor's obligations under Subsection (2)(j) and for other purposes considered desirable by the
2646 court.
2647 (ii) Consistent with the order of the court, the probation officer may permit a minor
2648 [
2649 or compensatory service in lieu of paying part or all of the fine imposed by the court.
2650 (iii) The court may order the minor to:
2651 (A) pay a fine, fee, restitution, or other cost; or
2652 (B) complete service hours.
2653 (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
2654 complete service hours, those dispositions shall be considered collectively to ensure that the
2655 order:
2656 (A) is reasonable;
2657 (B) prioritizes restitution; and
2658 (C) takes into account the minor's ability to satisfy the order within the presumptive
2659 term of supervision.
2660 (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
2661 hours, the cumulative order shall be limited per criminal episode as follows:
2662 (A) for [
2663 court may impose up to $180 or up to 24 hours of service; and
2664 (B) for [
2665 impose up to $270 or up to 36 hours of service.
2666 (vi) The cumulative order under Subsection (2)(l)(v) does not include restitution.
2667 (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
2668 conversion shall be no less than the minimum wage.
2669 (m) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
2670 that as part of the commission of the violation the minor was in actual physical control of a
2671 motor vehicle, the court may, in addition to any other disposition authorized by this section:
2672 (A) restrain the minor from driving for periods of time the court considers necessary;
2673 and
2674 (B) take possession of the minor's driver license.
2675 (ii) (A) The court may enter any other eligible disposition under Subsection (2)(m)(i)
2676 except for a disposition under Subsection (2)(c), (d), (e), or (f).[
2677 (B) The suspension of driving privileges for an offense under Section 78A-6-606 is
2678 governed only by Section 78A-6-606.
2679 (n) (i) The court may order a minor to complete community or compensatory service
2680 hours in accordance with Subsections (2)(l)(iv) and (v).
2681 (ii) When community service is ordered, the presumptive service order shall include
2682 between five and 10 hours of service.
2683 (iii) Satisfactory completion of an approved substance use disorder prevention or
2684 treatment program or other court-ordered condition may be credited by the court as
2685 compensatory service hours.
2686 (iv) When a minor [
2687
2688 offense involving the use of graffiti under Section 76-6-106 or 76-6-206, the court may order
2689 the minor to clean up graffiti created by the minor or any other individual at a time and place
2690 within the jurisdiction of the court. Compensatory service ordered under this section may be
2691 performed in the presence and under the direct supervision of the minor's parent or legal
2692 guardian. The parent or legal guardian shall report completion of the order to the court. The
2693 court may also require the minor to perform other alternative forms of restitution or repair to
2694 the damaged property pursuant to Subsection (2)(j).
2695 (o) (i) Subject to Subsection (2)(o)(iii), the court may order that a minor:
2696 (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
2697 (B) receive other special care.
2698 (ii) For purposes of receiving the examination, treatment, or care described in
2699 Subsection (2)(o)(i), the court may place the minor in a hospital or other suitable facility that is
2700 not a secure facility or secure detention.
2701 (iii) In determining whether to order the examination, treatment, or care described in
2702 Subsection (2)(o)(i), the court shall consider:
2703 (A) the desires of the minor;
2704 (B) if the minor is [
2705 parents or guardian of the minor; and
2706 (C) whether the potential benefits of the examination, treatment, or care outweigh the
2707 potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
2708 function impairment, or emotional or physical harm resulting from the compulsory nature of
2709 the examination, treatment, or care.
2710 (iv) The [
2711 (A) take reasonable measures to notify a parent or guardian of any non-emergency
2712 health treatment or care scheduled for a child[
2713 (B) include the parent or guardian as fully as possible in making health care decisions
2714 for the child[
2715 (C) defer to the parent's or guardian's reasonable and informed decisions regarding the
2716 child's health care to the extent that the child's health and well being are not unreasonably
2717 compromised by the parent's or guardian's decision.
2718 (v) The [
2719 guardian of a child within five business days after a child in the custody of the [
2720
2721 (vi) The [
2722 means to accomplish a compelling interest in the care and treatment of a child described in this
2723 Subsection (2)(o).
2724 (p) (i) The court may appoint a guardian for the minor if it appears necessary in the
2725 interest of the minor, and may appoint as guardian a public or private institution or agency, but
2726 not a nonsecure residential placement provider, in which legal custody of the minor is vested.
2727 (ii) In placing a minor under the guardianship or legal custody of an individual or of a
2728 private agency or institution, the court shall give primary consideration to the welfare of the
2729 minor. When practicable, the court may take into consideration the religious preferences of the
2730 minor and of a child's parents.
2731 (q) (i) In support of a decree under Section 78A-6-103, the court may order reasonable
2732 conditions to be complied with by a minor's parents or guardian, a minor's custodian, or any
2733 other person who has been made a party to the proceedings. Conditions may include:
2734 (A) parent-time by the parents or one parent;
2735 (B) restrictions on the minor's associates;
2736 (C) restrictions on the minor's occupation and other activities; and
2737 (D) requirements to be observed by the parents or custodian.
2738 (ii) A minor whose parents or guardians successfully complete a family or other
2739 counseling program may be credited by the court for detention, confinement, or probation time.
2740 (r) The court may order the child to be committed to the physical custody of a local
2741 mental health authority, in accordance with the procedures and requirements of Title 62A,
2742 Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
2743 Mental Health.
2744 (s) (i) The court may make an order committing a minor within the court's jurisdiction
2745 to the Utah State Developmental Center if the minor has an intellectual disability in accordance
2746 with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with
2747 an Intellectual Disability.
2748 (ii) The court shall follow the procedure applicable in the district courts with respect to
2749 judicial commitments to the Utah State Developmental Center when ordering a commitment
2750 under Subsection (2)(s)(i).
2751 (t) The court may terminate all parental rights upon a finding of compliance with Title
2752 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
2753 (u) The court may make other reasonable orders for the best interest of the minor and
2754 as required for the protection of the public, except that a child may not be committed to jail,
2755 prison, secure detention, or the custody of the Division of Juvenile Justice Services under
2756 Subsections (2)(c), (d), (e), and (f).
2757 (v) The court may combine the dispositions listed in this section if it is permissible and
2758 they are compatible.
2759 (w) Before depriving any parent of custody, the court shall give due consideration to
2760 the rights of parents concerning their child. The court may transfer custody of a minor to
2761 another individual, agency, or institution in accordance with the requirements and procedures
2762 of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
2763 (x) Except as provided in Subsection (2)(z)(i), an order under this section for probation
2764 or placement of a minor with an individual or an agency shall include a date certain for a
2765 review and presumptive termination of the case by the court in accordance with Subsection (6)
2766 and Section [
2767 (y) In reviewing foster home placements, special attention shall be given to making
2768 adoptable children available for adoption without delay.
2769 (z) (i) The juvenile court may enter an order of permanent custody and guardianship
2770 with an individual or relative of a child where the court has previously acquired jurisdiction as
2771 a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
2772 order for child support on behalf of the child against the natural or adoptive parents of the
2773 child.
2774 (ii) Orders under Subsection (2)(z)(i):
2775 (A) shall remain in effect until the child reaches majority;
2776 (B) are not subject to review under Section 78A-6-118; and
2777 (C) may be modified by petition or motion as provided in Section 78A-6-1103.
2778 (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
2779 permanent orders of custody and guardianship do not expire with a termination of jurisdiction
2780 of the juvenile court.
2781 (3) [
2782
2783 given a choice by the court to serve in the National Guard in lieu of other sanctions[
2784 described in Subsection (2) if:
2785 (a) the minor meets the current entrance qualifications for service in the National
2786 Guard as determined by a recruiter, whose determination is final;
2787 (b) the [
2788 (i) would be a felony if committed by an adult;
2789 (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
2790 (iii) was committed with a weapon; and
2791 (c) the court retains jurisdiction over the [
2792 the court and agreed upon by the recruiter or the unit commander to which the minor is
2793 eventually assigned.
2794 (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
2795 of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
2796 designated employees of the court or, if the minor is in the legal custody of the Division of
2797 Juvenile Justice Services, then by designated employees of the division under Subsection
2798 53-10-404(5)(b).
2799 (b) The responsible agency shall ensure that an employee designated to collect the
2800 saliva DNA specimens receives appropriate training and that the specimens are obtained in
2801 accordance with accepted protocol.
2802 (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
2803 Specimen Restricted Account created in Section 53-10-407.
2804 (d) Payment of the reimbursement is second in priority to payments the minor is
2805 ordered to make for restitution under this section and treatment under Section 78A-6-321.
2806 (5) (a) A disposition made by the court [
2807 may not be suspended, except for the following:
2808 (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
2809 under Subsection [
2810 [
2811 immediate commitment, upon the condition that the minor commit no new misdemeanor or
2812 felony offense during the three months following the day of disposition.
2813 (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
2814 exceed three months post-disposition and may not be extended under any circumstance.
2815 (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i):
2816 (A) following adjudication of a new misdemeanor or felony offense committed by the
2817 minor during the period of suspension set out under Subsection (5)(a)(ii);
2818 (B) if a new assessment or evaluation has been completed and recommends that a
2819 higher level of care is needed and nonresidential treatment options have been exhausted or
2820 nonresidential treatment options are not appropriate; or
2821 (C) if, after a notice and a hearing, the court finds a new or previous evaluation
2822 recommends a higher level of treatment, and the minor willfully failed to comply with a lower
2823 level of treatment and has been unsuccessfully discharged from treatment.
2824 (iv) A suspended custody order may not be imposed without notice to the minor, notice
2825 to counsel, and a hearing.
2826 (b) The court [
2827 continuing jurisdiction over [
2828 unless at least one the following circumstances exists:
2829 (i) termination [
2830 the completion of a program determined to be necessary by the results of a validated risk and
2831 needs assessment with completion found by the court after considering the recommendation of
2832 a licensed service provider on the basis of the minor completing the goals of the necessary
2833 treatment program;
2834 (ii) the minor commits a new misdemeanor or felony offense;
2835 (iii) service hours have not been completed; or
2836 (iv) there is an outstanding fine.
2837 (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
2838 custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c) [
2839
2840 section.
2841 (a) [
2842 court shall establish a presumptive term of probation as specified in this Subsection (6):
2843 (i) the presumptive [
2844 months; and
2845 (ii) the presumptive [
2846 months.
2847 (b) [
2848 Juvenile Justice Services under Subsection (2)(c) or (d), the court shall establish a maximum
2849 term of custody and a maximum term of aftercare as specified in this Subsection (6):
2850 (i) the presumptive [
2851 to six months; and
2852 (ii) the presumptive [
2853 placed out-of-home, may not exceed three to four months, and minors may serve the term of
2854 aftercare in the home of a qualifying relative or guardian or at an independent living program
2855 contracted or operated by the Division of Juvenile Justice Services.
2856 (c) The court [
2857 Youth Parole Authority [
2858 continuing jurisdiction over [
2859 unless at least one of the following circumstances exists:
2860 (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
2861 court ordered program determined to be necessary by the results of a validated assessment, with
2862 completion found by the court after considering the recommendations of a licensed service
2863 provider or facilitator of court ordered treatment or intervention program on the basis of the
2864 minor completing the goals of the necessary treatment program;
2865 (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
2866 completion of a program determined to be necessary by the results of a validated assessment,
2867 with completion determined on the basis of whether the minor has regularly and consistently
2868 attended the treatment program and completed the goals of the necessary treatment program as
2869 determined by the court or Youth Parole Authority after considering the recommendation of a
2870 licensed service provider or facilitator of court ordered treatment or intervention program ;
2871 (iii) the minor commits a new misdemeanor or felony offense;
2872 (iv) service hours have not been completed;
2873 (v) there is an outstanding fine; or
2874 (vi) there is a failure to pay restitution in full.
2875 (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
2876 exists, the court may extend jurisdiction for the time needed to address the specific
2877 circumstance.
2878 (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
2879 exists, and the Youth Parole Authority has jurisdiction, the Youth Parole Authority may extend
2880 jurisdiction for the time needed to address the specific circumstance.
2881 (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
2882 Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
2883 time for up to three months.
2884 (f) Grounds for extension of the presumptive length of supervision or placement and
2885 the length of any extension shall be recorded in the court record or records of the Youth Parole
2886 Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
2887 the Administrative Office of the Courts and the Division of Juvenile Justice Services.
2888 (g) (i) For a minor who is under the supervision of the juvenile court and whose
2889 supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
2890 continued under the supervision of intake probation.
2891 (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
2892 supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
2893 continued on parole and not in secure confinement.
2894 (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
2895 period shall toll until the minor returns.
2896 (7) Subsection (6) does not apply to any minor adjudicated under this section for:
2897 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
2898 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
2899 (c) Section 76-5-203, murder or attempted murder;
2900 (d) Section 76-5-205, manslaughter;
2901 (e) Section 76-5-206, negligent homicide;
2902 (f) Section 76-5-207, automobile homicide;
2903 (g) Section 76-5-207.5, automobile homicide involving handheld wireless
2904 communication device;
2905 (h) Section 76-5-208, child abuse homicide;
2906 (i) Section 76-5-209, homicide by assault;
2907 [
2908 [
2909 [
2910 [
2911 [
2912 [
2913 [
2914 [
2915 felony[
2916 (ii) the minor has been previously adjudicated or convicted of an offense involving the
2917 use of a dangerous weapon[
2918 (q) a felony offense other than an offense listed in Subsections (7)(a) through (p) and
2919 the minor has been previously committed to the custody of the Division of Juvenile Justice
2920 Services for secure confinement.
2921 Section 46. Section 78A-6-118 is amended to read:
2922 78A-6-118. Period of effect for a judgment , decree, or order by a juvenile court.
2923 (1) A judgment, order, or decree of the juvenile court [
2924
2925 [
2926 (a) for an order of commitment to the Utah State Developmental Center or to the
2927 custody of the Division of Substance Abuse and Mental Health;
2928 [
2929 (b) for an adoption under Subsection 78A-6-103(1); [
2930 [
2931 (c) for an order permanently terminating the rights of a parent, guardian, or custodian[
2932
2933 (d) for a permanent order of custody and [
2934 (e) as provided in Subsection (2).
2935 (2) If the juvenile court enters a judgment or order for a minor for whom the court has
2936 extended continuing jurisdiction over the minor's case until the minor is 25 years old under
2937 Section 78A-6-703.4, the juvenile court's judgment or order is no longer in effect after the
2938 minor is 25 years old.
2939 Section 47. Section 78A-6-120 is amended to read:
2940 78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
2941 of jurisdiction -- Notice of discharge from custody of local mental health authority or
2942 Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
2943 [
2944
2945
2946 (1) Except as provided in Subsection (2), if the court retains jurisdiction over a minor's
2947 case under Section 78A-6-117, the court's jurisdiction over the minor's case continues until:
2948 (a) the minor is 21 years old; or
2949 (b) if the court extends jurisdiction over the minor's case until the minor is 25 years old
2950 under Section 78A-6-703.4, the minor is 25 years old.
2951 (2) (a) The [
2952 Subsection (1) terminates:
2953 (i) upon order of the court;
2954 (ii) upon commitment to a secure facility;
2955 (iii) upon commencement of proceedings in adult cases under Section 78A-6-1001; or
2956 (iv) in accordance with Sections 62A-7-404 and 78A-6-117.
2957 (b) The continuing jurisdiction of the court over a minor's case is not terminated:
2958 (i) by marriage[
2959 (ii) when a minor commits an offense under municipal, state, or federal law that is
2960 under the jurisdiction of another court and the minor is at least 18 years old at the time of the
2961 offense.
2962 (c) Notwithstanding Subsection (2)(a)(ii), the court retains jurisdiction to make and
2963 enforce orders related to restitution until the Youth Parole Authority discharges the [
2964
2965 (3) When a minor has been committed by the court to the physical custody of a local
2966 mental health authority or [
2967 Developmental Center, the local mental health authority or [
2968 authority's designee or the superintendent of the Utah State Developmental Center shall give
2969 the court written notice of [
2970 than five days before the discharge, release, or parole.
2971 (4) (a) [
2972 probation or under protective supervision, or of a minor who is otherwise under the continuing
2973 jurisdiction of the court, [
2974 the receiving court consents, or upon direction of the chair of the Board of Juvenile Court
2975 Judges.
2976 (b) The receiving court has the same powers with respect to the minor that [
2977 would have if the proceedings originated in that court.
2978 [
2979
2980 (5) A minor shall undergo a validated risk and needs assessment within seven days of
2981 the day on which an order terminating jurisdiction is issued[
2982 (a) the minor is adjudicated under Section 78A-6-117; and
2983 (b) the minor underwent a validated risk and needs assessment under Subsection
2984 78A-6-117(1)(d).
2985 Section 48. Section 78A-6-306 is amended to read:
2986 78A-6-306. Shelter hearing.
2987 (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
2988 after any one or all of the following occur:
2989 (a) removal of the child from the child's home by the division;
2990 (b) placement of the child in the protective custody of the division;
2991 (c) emergency placement under Subsection 62A-4a-202.1(4);
2992 (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
2993 at the request of the division; or
2994 (e) a "Motion for Expedited Placement in Temporary Custody" is filed under
2995 Subsection 78A-6-106(4).
2996 (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
2997 division shall issue a notice that contains all of the following:
2998 (a) the name and address of the person to whom the notice is directed;
2999 (b) the date, time, and place of the shelter hearing;
3000 (c) the name of the child on whose behalf a petition is being brought;
3001 (d) a concise statement regarding:
3002 (i) the reasons for removal or other action of the division under Subsection (1); and
3003 (ii) the allegations and code sections under which the proceeding has been instituted;
3004 (e) a statement that the parent or guardian to whom notice is given, and the child, are
3005 entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
3006 indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
3007 provided in accordance with Title 78B, Chapter 22, Indigent Defense Act; and
3008 (f) a statement that the parent or guardian is liable for the cost of support of the child in
3009 the protective custody, temporary custody, and custody of the division, and the cost for legal
3010 counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
3011 ability of the parent or guardian.
3012 (3) The notice described in Subsection (2) shall be personally served as soon as
3013 possible, but no later than one business day after removal of the child from the child's home, or
3014 the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
3015 78A-6-106(4), on:
3016 (a) the appropriate guardian ad litem; and
3017 (b) both parents and any guardian of the child, unless the parents or guardians cannot
3018 be located.
3019 (4) The following persons shall be present at the shelter hearing:
3020 (a) the child, unless it would be detrimental for the child;
3021 (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
3022 fail to appear in response to the notice;
3023 (c) counsel for the parents, if one is requested;
3024 (d) the child's guardian ad litem;
3025 (e) the caseworker from the division who is assigned to the case; and
3026 (f) the attorney from the attorney general's office who is representing the division.
3027 (5) (a) At the shelter hearing, the court shall:
3028 (i) provide an opportunity to provide relevant testimony to:
3029 (A) the child's parent or guardian, if present; and
3030 (B) any other person having relevant knowledge; and
3031 (ii) subject to Section 78A-6-305, provide an opportunity for the child to testify.
3032 (b) The court:
3033 (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
3034 Procedure;
3035 (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
3036 the requesting party, or their counsel; and
3037 (iii) may in its discretion limit testimony and evidence to only that which goes to the
3038 issues of removal and the child's need for continued protection.
3039 (6) If the child is in the protective custody of the division, the division shall report to
3040 the court:
3041 (a) the reason why the child was removed from the parent's or guardian's custody;
3042 (b) any services provided to the child and the child's family in an effort to prevent
3043 removal;
3044 (c) the need, if any, for continued shelter;
3045 (d) the available services that could facilitate the return of the child to the custody of
3046 the child's parent or guardian; and
3047 (e) subject to Subsections 78A-6-307(18)(c) through (e), whether any relatives of the
3048 child or friends of the child's parents may be able and willing to accept temporary placement of
3049 the child.
3050 (7) The court shall consider all relevant evidence provided by persons or entities
3051 authorized to present relevant evidence pursuant to this section.
3052 (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
3053 cause shown, the court may grant no more than one continuance, not to exceed five judicial
3054 days.
3055 (b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
3056 a continuance under Subsection (8)(a).
3057 (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
3058 described in Subsection (2) within the time described in Subsection (3), the court may grant the
3059 request of a parent or guardian for a continuance, not to exceed five judicial days.
3060 (9) (a) If the child is in the protective custody of the division, the court shall order that
3061 the child be returned to the custody of the parent or guardian unless it finds, by a
3062 preponderance of the evidence, consistent with the protections and requirements provided in
3063 Subsection 62A-4a-201(1), that any one of the following exists:
3064 (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
3065 safety of the child and the child's physical health or safety may not be protected without
3066 removing the child from the custody of the child's parent;
3067 (ii) (A) the child is suffering emotional damage that results in a serious impairment in
3068 the child's growth, development, behavior, or psychological functioning;
3069 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3070 would sufficiently prevent future damage; and
3071 (C) there are no reasonable means available by which the child's emotional health may
3072 be protected without removing the child from the custody of the child's parent or guardian;
3073 (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
3074 not removed from the custody of the child's parent or guardian;
3075 (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
3076 household has been, or is considered to be at substantial risk of being, physically abused,
3077 sexually abused, or sexually exploited by a:
3078 (A) parent or guardian;
3079 (B) member of the parent's household or the guardian's household; or
3080 (C) person known to the parent or guardian;
3081 (v) the parent or guardian is unwilling to have physical custody of the child;
3082 (vi) the child is without any provision for the child's support;
3083 (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
3084 and appropriate care for the child;
3085 (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
3086 guardian is unwilling or unable to provide care or support for the child;
3087 (B) the whereabouts of the parent or guardian are unknown; and
3088 (C) reasonable efforts to locate the parent or guardian are unsuccessful;
3089 (ix) subject to Subsections 78A-6-105[
3090 78A-6-301.5, the child is in immediate need of medical care;
3091 (x) (A) the physical environment or the fact that the child is left unattended beyond a
3092 reasonable period of time poses a threat to the child's health or safety; and
3093 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3094 would remove the threat;
3095 (xi) (A) the child or a minor residing in the same household has been neglected; and
3096 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3097 would prevent the neglect;
3098 (xii) the parent, guardian, or an adult residing in the same household as the parent or
3099 guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
3100 and any clandestine laboratory operation was located in the residence or on the property where
3101 the child resided;
3102 (xiii) (A) the child's welfare is substantially endangered; and
3103 (B) the parent or guardian is unwilling or unable to make reasonable changes that
3104 would remove the danger; or
3105 (xiv) the child's natural parent:
3106 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
3107 child;
3108 (B) is identified by a law enforcement agency as the primary suspect in an investigation
3109 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3110 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
3111 recklessly causing the death of another parent of the child.
3112 (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
3113 established if:
3114 (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
3115 involving the parent; and
3116 (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
3117 (ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
3118 allowed the child to be in the physical care of a person after the parent received actual notice
3119 that the person physically abused, sexually abused, or sexually exploited the child, that fact
3120 constitutes prima facie evidence that there is a substantial risk that the child will be physically
3121 abused, sexually abused, or sexually exploited.
3122 (10) (a) (i) The court shall also make a determination on the record as to whether
3123 reasonable efforts were made to prevent or eliminate the need for removal of the child from the
3124 child's home and whether there are available services that would prevent the need for continued
3125 removal.
3126 (ii) If the court finds that the child can be safely returned to the custody of the child's
3127 parent or guardian through the provision of those services, the court shall place the child with
3128 the child's parent or guardian and order that those services be provided by the division.
3129 (b) In making the determination described in Subsection (10)(a), and in ordering and
3130 providing services, the child's health, safety, and welfare shall be the paramount concern, in
3131 accordance with federal law.
3132 (11) Where the division's first contact with the family occurred during an emergency
3133 situation in which the child could not safely remain at home, the court shall make a finding that
3134 any lack of preplacement preventive efforts was appropriate.
3135 (12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
3136 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
3137 "reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
3138 return a child to the child's home, provide reunification services, or attempt to rehabilitate the
3139 offending parent or parents.
3140 (13) The court may not order continued removal of a child solely on the basis of
3141 educational neglect as defined in Section 78A-6-105, truancy, or failure to comply with a court
3142 order to attend school.
3143 (14) (a) Whenever a court orders continued removal of a child under this section, the
3144 court shall state the facts on which that decision is based.
3145 (b) If no continued removal is ordered and the child is returned home, the court shall
3146 state the facts on which that decision is based.
3147 (15) If the court finds that continued removal and temporary custody are necessary for
3148 the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
3149 regardless of:
3150 (a) any error in the initial removal of the child;
3151 (b) the failure of a party to comply with notice provisions; or
3152 (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
3153 and Family Services.
3154 Section 49. Section 78A-6-312 is amended to read:
3155 78A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
3156 (1) The court may:
3157 (a) make any of the dispositions described in Section 78A-6-117;
3158 (b) place the minor in the custody or guardianship of any:
3159 (i) individual; or
3160 (ii) public or private entity or agency; or
3161 (c) order:
3162 (i) protective supervision;
3163 (ii) family preservation;
3164 (iii) subject to Subsections (12)(b), 78A-6-105[
3165 Section 78A-6-301.5, medical or mental health treatment;
3166 (iv) sibling visitation; or
3167 (v) other services.
3168 (2) Whenever the court orders continued removal at the dispositional hearing, and that
3169 the minor remain in the custody of the division, the court shall first:
3170 (a) establish a primary permanency plan for the minor; and
3171 (b) determine whether, in view of the primary permanency plan, reunification services
3172 are appropriate for the minor and the minor's family, pursuant to Subsections (21) through (23).
3173 (3) Subject to Subsections (6) and (7), if the court determines that reunification
3174 services are appropriate for the minor and the minor's family, the court shall provide for
3175 reasonable parent-time with the parent or parents from whose custody the minor was removed,
3176 unless parent-time is not in the best interest of the minor.
3177 (4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
3178 abuse, or severe neglect are involved, neither the division nor the court has any duty to make
3179 "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
3180 attempt to rehabilitate the offending parent or parents.
3181 (5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
3182 concern in determining whether reasonable efforts to reunify should be made.
3183 (6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
3184 the court makes a finding that it is necessary to deny parent-time in order to:
3185 (a) protect the physical safety of the minor;
3186 (b) protect the life of the minor; or
3187 (c) prevent the minor from being traumatized by contact with the parent due to the
3188 minor's fear of the parent in light of the nature of the alleged abuse or neglect.
3189 (7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
3190 parent's failure to:
3191 (a) prove that the parent has not used legal or illegal substances; or
3192 (b) comply with an aspect of the child and family plan that is ordered by the court.
3193 (8) (a) In addition to the primary permanency plan, the court shall establish a
3194 concurrent permanency plan that shall include:
3195 (i) a representative list of the conditions under which the primary permanency plan will
3196 be abandoned in favor of the concurrent permanency plan; and
3197 (ii) an explanation of the effect of abandoning or modifying the primary permanency
3198 plan.
3199 (b) In determining the primary permanency plan and concurrent permanency plan, the
3200 court shall consider:
3201 (i) the preference for kinship placement over nonkinship placement;
3202 (ii) the potential for a guardianship placement if the parent-child relationship is legally
3203 terminated and no appropriate adoption placement is available; and
3204 (iii) the use of an individualized permanency plan, only as a last resort.
3205 (9) A permanency hearing shall be conducted in accordance with Subsection
3206 78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if
3207 something other than reunification is initially established as a minor's primary permanency
3208 plan.
3209 (10) (a) The court may amend a minor's primary permanency plan before the
3210 establishment of a final permanency plan under Section 78A-6-314.
3211 (b) The court is not limited to the terms of the concurrent permanency plan in the event
3212 that the primary permanency plan is abandoned.
3213 (c) If, at any time, the court determines that reunification is no longer a minor's primary
3214 permanency plan, the court shall conduct a permanency hearing in accordance with Section
3215 78A-6-314 on or before the earlier of:
3216 (i) 30 days after the day on which the court makes the determination described in this
3217 Subsection (10)(c); or
3218 (ii) the day on which the provision of reunification services, described in Section
3219 78A-6-314, ends.
3220 (11) (a) If the court determines that reunification services are appropriate, the court
3221 shall order that the division make reasonable efforts to provide services to the minor and the
3222 minor's parent for the purpose of facilitating reunification of the family, for a specified period
3223 of time.
3224 (b) In providing the services described in Subsection (11)(a), the minor's health, safety,
3225 and welfare shall be the division's paramount concern, and the court shall so order.
3226 (12) (a) The court shall:
3227 (i) determine whether the services offered or provided by the division under the child
3228 and family plan constitute "reasonable efforts" on the part of the division;
3229 (ii) determine and define the responsibilities of the parent under the child and family
3230 plan in accordance with Subsection 62A-4a-205(6)(e); and
3231 (iii) identify verbally on the record, or in a written document provided to the parties,
3232 the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
3233 determination regarding the provision of reasonable efforts, in accordance with state and
3234 federal law.
3235 (b) If the parent is in a substance use disorder treatment program, other than a certified
3236 drug court program:
3237 (i) the court may order the parent to submit to supplementary drug or alcohol testing in
3238 addition to the testing recommended by the parent's substance use disorder program based on a
3239 finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
3240 (ii) the court may order the parent to provide the results of drug or alcohol testing
3241 recommended by the substance use disorder program to the court or division.
3242 (13) (a) The time period for reunification services may not exceed 12 months from the
3243 date that the minor was initially removed from the minor's home, unless the time period is
3244 extended under Subsection 78A-6-314(7).
3245 (b) Nothing in this section may be construed to entitle any parent to an entire 12
3246 months of reunification services.
3247 (14) (a) If reunification services are ordered, the court may terminate those services at
3248 any time.
3249 (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
3250 to be inconsistent with the final permanency plan for the minor established pursuant to Section
3251 78A-6-314, then measures shall be taken, in a timely manner, to:
3252 (i) place the minor in accordance with the permanency plan; and
3253 (ii) complete whatever steps are necessary to finalize the permanent placement of the
3254 minor.
3255 (15) Any physical custody of the minor by the parent or a relative during the period
3256 described in Subsections (11) through (14) does not interrupt the running of the period.
3257 (16) (a) If reunification services are ordered, a permanency hearing shall be conducted
3258 by the court in accordance with Section 78A-6-314 at the expiration of the time period for
3259 reunification services.
3260 (b) The permanency hearing shall be held no later than 12 months after the original
3261 removal of the minor.
3262 (c) If reunification services are not ordered, a permanency hearing shall be conducted
3263 within 30 days, in accordance with Section 78A-6-314.
3264 (17) With regard to a minor in the custody of the division whose parent or parents are
3265 ordered to receive reunification services but who have abandoned that minor for a period of six
3266 months from the date that reunification services were ordered:
3267 (a) the court shall terminate reunification services; and
3268 (b) the division shall petition the court for termination of parental rights.
3269 (18) When a court conducts a permanency hearing for a minor under Section
3270 78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
3271 sibling group together is:
3272 (a) practicable; and
3273 (b) in accordance with the best interest of the minor.
3274 (19) When a child is under the custody of the division and has been separated from a
3275 sibling due to foster care or adoptive placement, a court may order sibling visitation, subject to
3276 the division obtaining consent from the sibling's legal guardian, according to the court's
3277 determination of the best interests of the child for whom the hearing is held.
3278 (20) (a) Because of the state's interest in and responsibility to protect and provide
3279 permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
3280 parent's interest in receiving reunification services is limited.
3281 (b) The court may determine that:
3282 (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
3283 based on the individual circumstances; and
3284 (ii) reunification services should not be provided.
3285 (c) In determining "reasonable efforts" to be made with respect to a minor, and in
3286 making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
3287 concern.
3288 (21) There is a presumption that reunification services should not be provided to a
3289 parent if the court finds, by clear and convincing evidence, that any of the following
3290 circumstances exist:
3291 (a) the whereabouts of the parents are unknown, based upon a verified affidavit
3292 indicating that a reasonably diligent search has failed to locate the parent;
3293 (b) subject to Subsection (22)(a), the parent is suffering from a mental illness of such
3294 magnitude that it renders the parent incapable of utilizing reunification services;
3295 (c) the minor was previously adjudicated as an abused child due to physical abuse,
3296 sexual abuse, or sexual exploitation, and following the adjudication the minor:
3297 (i) was removed from the custody of the minor's parent;
3298 (ii) was subsequently returned to the custody of the parent; and
3299 (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
3300 exploitation;
3301 (d) the parent:
3302 (i) caused the death of another minor through abuse or neglect;
3303 (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
3304 (A) murder or manslaughter of a child; or
3305 (B) child abuse homicide;
3306 (iii) committed sexual abuse against the child;
3307 (iv) is a registered sex offender or required to register as a sex offender; or
3308 (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
3309 child;
3310 (B) is identified by a law enforcement agency as the primary suspect in an investigation
3311 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3312 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
3313 recklessly causing the death of another parent of the child;
3314 (e) the minor suffered severe abuse by the parent or by any person known by the
3315 parent, if the parent knew or reasonably should have known that the person was abusing the
3316 minor;
3317 (f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
3318 and the court finds that it would not benefit the minor to pursue reunification services with the
3319 offending parent;
3320 (g) the parent's rights are terminated with regard to any other minor;
3321 (h) the minor was removed from the minor's home on at least two previous occasions
3322 and reunification services were offered or provided to the family at those times;
3323 (i) the parent has abandoned the minor for a period of six months or longer;
3324 (j) the parent permitted the child to reside, on a permanent or temporary basis, at a
3325 location where the parent knew or should have known that a clandestine laboratory operation
3326 was located;
3327 (k) except as provided in Subsection (22)(b), with respect to a parent who is the child's
3328 birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
3329 exposed to an illegal or prescription drug that was abused by the child's mother while the child
3330 was in utero, if the child was taken into division custody for that reason, unless the mother
3331 agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
3332 substance use disorder treatment program approved by the department; or
3333 (l) any other circumstance that the court determines should preclude reunification
3334 efforts or services.
3335 (22) (a) The finding under Subsection (21)(b) shall be based on competent evidence
3336 from at least two medical or mental health professionals, who are not associates, establishing
3337 that, even with the provision of services, the parent is not likely to be capable of adequately
3338 caring for the minor within 12 months after the day on which the court finding is made.
3339 (b) A judge may disregard the provisions of Subsection (21)(k) if the court finds, under
3340 the circumstances of the case, that the substance use disorder treatment described in Subsection
3341 (21)(k) is not warranted.
3342 (23) In determining whether reunification services are appropriate, the court shall take
3343 into consideration:
3344 (a) failure of the parent to respond to previous services or comply with a previous child
3345 and family plan;
3346 (b) the fact that the minor was abused while the parent was under the influence of
3347 drugs or alcohol;
3348 (c) any history of violent behavior directed at the child or an immediate family
3349 member;
3350 (d) whether a parent continues to live with an individual who abused the minor;
3351 (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
3352 (f) testimony by a competent professional that the parent's behavior is unlikely to be
3353 successful; and
3354 (g) whether the parent has expressed an interest in reunification with the minor.
3355 (24) (a) If reunification services are not ordered pursuant to Subsections (20) through
3356 (22), and the whereabouts of a parent become known within six months after the day on which
3357 the out-of-home placement of the minor is made, the court may order the division to provide
3358 reunification services.
3359 (b) The time limits described in Subsections (2) through (18) are not tolled by the
3360 parent's absence.
3361 (25) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
3362 services unless the court determines that those services would be detrimental to the minor.
3363 (b) In making the determination described in Subsection (25)(a), the court shall
3364 consider:
3365 (i) the age of the minor;
3366 (ii) the degree of parent-child bonding;
3367 (iii) the length of the sentence;
3368 (iv) the nature of the treatment;
3369 (v) the nature of the crime or illness;
3370 (vi) the degree of detriment to the minor if services are not offered;
3371 (vii) for a minor 10 years old or older, the minor's attitude toward the implementation
3372 of family reunification services; and
3373 (viii) any other appropriate factors.
3374 (c) Reunification services for an incarcerated parent are subject to the time limitations
3375 imposed in Subsections (2) through (18).
3376 (d) Reunification services for an institutionalized parent are subject to the time
3377 limitations imposed in Subsections (2) through (18), unless the court determines that continued
3378 reunification services would be in the minor's best interest.
3379 (26) If, pursuant to Subsections (21)(b) through (l), the court does not order
3380 reunification services, a permanency hearing shall be conducted within 30 days, in accordance
3381 with Section 78A-6-314.
3382 Section 50. Section 78A-6-601 is amended to read:
3383 78A-6-601. Criminal proceedings involving minors -- Transfer to juvenile court --
3384 Exception.
3385 [
3386
3387
3388
3389
3390
3391 (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
3392 justice court determines that an individual being charged is under 21 years old and was younger
3393 than 18 years old at the time of committing the alleged offense, the district or justice court shall
3394 transfer the case to the juvenile court with all the papers, documents, and transcripts of any
3395 testimony.
3396 (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
3397 that is:
3398 (A) filed in the district court in accordance with Section 78A-6-703.2; or
3399 (B) transferred to the district court in accordance with Section 78A-6-703.5.
3400 (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
3401 offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
3402 (2) The district court or justice court making the transfer shall:
3403 (a) order the [
3404 place of detention designated by the juvenile court[
3405 (b) release [
3406 guardian or other person legally responsible for [
3407 juvenile court at a time designated by [
3408 (3) The juvenile court shall then proceed as provided in this chapter.
3409 Section 51. Section 78A-6-602 is amended to read:
3410 78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
3411 referral -- Citation -- Failure to appear.
3412 (1) A proceeding in a minor's case is commenced by petition, except as provided in
3413 [
3414 (2) (a) A peace officer or a public official of the state, a county, city, or town charged
3415 with the enforcement of the laws of the state or local jurisdiction shall file a formal referral
3416 with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken to a
3417 detention facility, the formal referral shall be filed with the juvenile court within [
3418
3419 not be filed with the juvenile court on an offense unless the offense is subject to referral under
3420 Section 53G-8-211.
3421 (b) (i) When the court is informed by a peace officer or other person that a minor is or
3422 appears to be within the court's jurisdiction, the probation department shall make a preliminary
3423 inquiry to determine whether the minor is eligible to enter into a written consent agreement
3424 with the probation department and, if the minor is a child, the minor's parent, guardian, or
3425 custodian for the nonjudicial adjustment of the case pursuant to this Subsection (2).
3426 (ii) Except as provided in Subsection (2)(k), the court's probation department shall
3427 offer a nonjudicial adjustment if the minor:
3428 (A) is referred with a misdemeanor, infraction, or status offense;
3429 (B) has no more than two prior adjudications; and
3430 (C) has no more than three prior unsuccessful nonjudicial adjustment attempts.
3431 (iii) For purposes of this Subsection (2)(b), an adjudication or nonjudicial adjustment
3432 means an action based on a single episode of conduct that is closely related in time and is
3433 incident to an attempt or an accomplishment of a single objective.
3434 (c) (i) Within seven days of receiving a referral that appears to be eligible for a
3435 nonjudicial adjustment pursuant to Subsection (2)(b), the probation department shall provide
3436 an initial notice to reasonably identifiable and locatable victims of the offense contained in the
3437 referral.
3438 (ii) The victim shall be responsible to provide to the division upon request:
3439 (A) invoices, bills, receipts, and other evidence of injury, loss of earnings, and
3440 out-of-pocket loss;
3441 (B) documentation and evidence of compensation or reimbursement from insurance
3442 companies or agencies of Utah, any other state, or federal government received as a direct
3443 result of the crime for injury, loss of earnings, or out-of-pocket loss; and
3444 (C) proof of identification, including home and work address and telephone numbers.
3445 (iii) The inability, failure, or refusal of the victim to provide all or part of the requested
3446 information shall result in the probation department determining restitution based on the best
3447 information available.
3448 (d) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
3449 validated risk and needs assessment and may request that the prosecutor review the referral
3450 pursuant to Subsection (2)(h) to determine whether to dismiss the referral or file a petition
3451 instead of offering a nonjudicial adjustment if:
3452 (A) the results of the assessment indicate the youth is high risk; or
3453 (B) the results of the assessment indicate the youth is moderate risk and the referral is
3454 for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or
3455 Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
3456 (ii) Except as provided in Subsection (2)(k), the court's probation department may offer
3457 a nonjudicial adjustment to any other minor who does not meet the criteria provided in
3458 Subsection (2)(b).
3459 (iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
3460 admission of guilt.
3461 (iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to
3462 pay a financial penalty under Subsection (2)(e).
3463 (v) Efforts to effect a nonjudicial adjustment may not extend for a period of more than
3464 90 days without leave of a judge of the court, who may extend the period for an additional 90
3465 days.
3466 (vi) A [
3467 (A) the minor does not qualify for nonjudicial adjustment under Subsection (2)(b) or
3468 (d)(ii);
3469 (B) the minor declines nonjudicial adjustment;
3470 (C) the minor fails to substantially comply with the conditions agreed upon as part of
3471 the nonjudicial adjustment;
3472 (D) the minor fails to respond to the probation department's inquiry regarding
3473 eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
3474 preliminary inquiry; or
3475 (E) the [
3476 (e) The nonjudicial adjustment of a case may include the following conditions agreed
3477 upon as part of the nonjudicial closure:
3478 (i) payment of a financial penalty of not more than $250 to the juvenile court subject to
3479 the terms established under Subsection (2)(f);
3480 (ii) payment of victim restitution;
3481 (iii) satisfactory completion of community or compensatory service;
3482 (iv) referral to an appropriate provider for counseling or treatment;
3483 (v) attendance at substance use disorder programs or counseling programs;
3484 (vi) compliance with specified restrictions on activities and associations;
3485 (vii) victim-offender mediation, if requested by the victim; and
3486 (viii) other reasonable actions that are in the interest of the child or minor, the
3487 community, and the victim.
3488 (f) A fee, fine, or restitution included in a nonjudicial [
3489 accordance with Subsection (2)(e) shall be based upon the ability of the minor's family to pay
3490 as determined by a statewide sliding scale developed as provided in Section 63M-7-208 on and
3491 after July 1, 2018.
3492 (g) If a [
3493 identified in Subsection (2)(k), if a minor fails to substantially comply with the conditions
3494 agreed upon as part of the nonjudicial [
3495 declines a nonjudicial adjustment pursuant to Subsection (2)(b), (2)(d)(ii), or (2)(d)(vi), the
3496 [
3497 (i) dismiss the case;
3498 (ii) refer the case back to the probation department for a new attempt at nonjudicial
3499 adjustment; or
3500 (iii) subject to Subsection (2)(i), file a petition with the court.
3501 (h) Notwithstanding Subsection (2)(g), a petition may only be filed upon reasonable
3502 belief that:
3503 (i) the charges are supported by probable cause;
3504 (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
3505 doubt; and
3506 (iii) the decision to charge is in the interests of justice.
3507 (i) Failure to pay a fine or fee may not serve as a basis for filing of a petition under
3508 Subsection (2)(g)(iii) if the minor has substantially complied with the other conditions agreed
3509 upon in accordance with Subsection (2)(e) or those imposed through any other court diversion
3510 program.
3511 (j) Notwithstanding Subsection (2)(i), a violation of Section 76-10-105 that is subject
3512 to the jurisdiction of the juvenile court may include a fine or penalty and participation in a
3513 court-approved tobacco education program, which may include a participation fee.
3514 (k) Notwithstanding the other provisions of this section, the probation department shall
3515 request that a [
3516 (2)(g) if:
3517 (i) the referral involves a violation of:
3518 (A) Section 41-6a-502, driving under the influence;
3519 (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
3520 serious bodily injury;
3521 (C) Section 76-5-206, negligent homicide;
3522 (D) Section 76-9-702.1, sexual battery;
3523 (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
3524 shotgun on or about school premises; or
3525 (F) Section 76-10-509, possession of dangerous weapon by minor, but only if the
3526 dangerous weapon is a firearm; or
3527 (ii) the minor has a current suspended order for custody under Subsection
3528 78A-6-117(5)(a).
3529 (l) If the [
3530 the case to the probation department for another offer of nonjudicial adjustment.
3531 (m) If a minor violates Section 41-6a-502, regardless of whether a [
3532 prosecuting attorney reviews a referral under Subsection (2)(k)(i)(A), the minor shall be subject
3533 to a drug and alcohol screening and participate in an assessment, if found appropriate by the
3534 screening, and if warranted, follow the recommendations of the assessment.
3535 [
3536
3537
3538
3539 [
3540
3541
3542
3543
3544
3545 [
3546
3547 Section 52. Section 78A-6-603 is amended to read:
3548 78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
3549 appear.
3550 (1) As used in this section, "citation" means an abbreviated referral [
3551
3552 (2) A petition is not required to commence a proceeding against a minor for an
3553 adjudication of an alleged offense if a citation is issued for an offense for which the court has
3554 jurisdiction over and the offense listed in the citation is for:
3555 (a) a violation of a wildlife law;
3556 (b) a violation of a boating law;
3557 (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
3558 infraction:
3559 (i) for a traffic violation; or
3560 (ii) designated as a citable offense by general order of the Board of Juvenile Court
3561 Judges;
3562 (d) a class B misdemeanor or infraction for a traffic violation where the individual is
3563 15 years old or younger at the time the offense was alleged to have occurred;
3564 (e) an infraction or misdemeanor designated as a citable offense by a general order of
3565 the Board of Juvenile Court Judges; or
3566 (f) a violation of Subsection 76-10-105(2).
3567 [
3568 [
3569 (a) the name and address of the juvenile court before which the minor may be required
3570 to appear;
3571 (b) the name of the minor cited;
3572 (c) the statute or local ordinance that is alleged to have been violated;
3573 (d) a brief description of the offense charged;
3574 (e) the date, time, and location at which the offense is alleged to have occurred;
3575 (f) the date the citation was issued;
3576 (g) the name and badge or identification number of the peace officer or public official
3577 who issued the citation;
3578 (h) the name of the arresting person if an arrest was made by a private party and the
3579 citation was issued in lieu of taking the arrested minor into custody as provided in Section
3580 78A-6-112;
3581 (i) the date and time when the minor is to appear, or a statement that the minor and
3582 parent or legal guardian are to appear when notified by the juvenile court; and
3583 (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
3584 appear at the juvenile court as designated on the citation.
3585 [
3586 entered if known:
3587 (a) the minor's address;
3588 (b) the minor's date of birth;
3589 (c) the name and address of the child's custodial parent or legal guardian, if different
3590 from the child; and
3591 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
3592 this information shall be removed from the documents the minor receives.
3593 [
3594 [
3595 [
3596
3597 [
3598 [
3599 [
3600 [
3601
3602 [
3603 [
3604
3605 [
3606 (7) A minor offense, as defined [
3607 committed by an enrolled child on school property or related to school attendance, may only be
3608 sent to the [
3609 53G-8-211.
3610 (8) An inquiry shall be conducted:
3611 (a) by the prosecutor to determine upon reasonable belief that:
3612 (i) the charges are supported by probable cause;
3613 (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
3614 doubt; and
3615 (iii) the decision to charge is in the interests of justice; and
3616 (b) if appropriate, by the court under Section 78A-6-117.
3617 [
3618 [
3619 juvenile court designated in the citation on the time and date specified in the citation or when
3620 notified by the juvenile court.
3621 (b) A citation may not require a minor to appear sooner than five days following [
3622 the citation's issuance.
3623 [
3624 juvenile court pursuant to a citation may be found in contempt of court. The court may proceed
3625 against the minor as provided in Section 78A-6-1101.
3626 [
3627 forfeited under Section 78A-6-113 with the consent of:
3628 (a) the court; and
3629 (b) if the minor is a child, the parent or legal guardian of the child cited.
3630 Section 53. Section 78A-6-703.1 is enacted to read:
3631 78A-6-703.1. Definitions.
3632 As used in this part:
3633 (1) "Qualifying offense" means an offense described in Subsection 78A-6-703.3(1) or
3634 (2)(b).
3635 (2) "Separate offense" means any offense that is not a qualifying offense.
3636 Section 54. Section 78A-6-703.2 is enacted to read:
3637 78A-6-703.2. Criminal information for a minor in district court.
3638 (1) If a prosecuting attorney charges a minor with aggravated murder under Section
3639 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
3640 information in the district court if the minor was the principal actor in an offense and the
3641 information alleges:
3642 (a) the minor was 16 or 17 years old at the time of the offense; and
3643 (b) the offense for which the minor is being charged is:
3644 (i) Section 76-5-202, aggravated murder; or
3645 (ii) Section 76-5-203, murder.
3646 (2) If the prosecuting attorney files a criminal information in the district court in
3647 accordance with Subsection (1), the district court shall try the minor as an adult, except:
3648 (a) the minor is not subject to a sentence of death in accordance with Subsection
3649 76-3-206(2)(b); and
3650 (b) the minor is not subject to a sentence of life without parole in accordance with
3651 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
3652 (3) Except for a minor who is subject to the authority of the Board of Pardons and
3653 Parole, a minor shall be held in a juvenile detention facility until the district court determines
3654 where the minor will be held until the time of trial if:
3655 (a) the minor is 16 or 17 years old; and
3656 (b) the minor is arrested for aggravated murder or murder.
3657 (4) In considering where a minor will be detained until the time of trial, the district
3658 court shall consider:
3659 (a) the age of the minor;
3660 (b) the nature, seriousness, and circumstances of the alleged offense;
3661 (c) the minor's history of prior criminal acts;
3662 (d) whether detention in a juvenile detention facility will adequately serve the need for
3663 community protection pending the outcome of any criminal proceedings;
3664 (e) the relative ability of the facility to meet the needs of the minor and protect the
3665 public;
3666 (f) the physical maturity of the minor;
3667 (g) the current mental state of the minor as evidenced by relevant mental health or a
3668 psychological assessment or screening that is made available to the court; and
3669 (h) any other factors that the court considers relevant.
3670 (5) A minor ordered to a juvenile detention facility under Subsection (4) shall remain
3671 in the facility:
3672 (a) until released by the district court; or
3673 (b) if convicted, until sentencing.
3674 (6) If a minor is held in a juvenile detention facility under Subsection (4), the court
3675 shall:
3676 (a) advise the minor of the right to bail; and
3677 (b) set initial bail in accordance with Title 77, Chapter 20, Bail.
3678 (7) If the minor ordered to a juvenile detention facility under Subsection (4) attains the
3679 age of 18 years, the minor shall be transferred within 30 days to an adult jail until:
3680 (a) released by the district court judge; or
3681 (b) if convicted, sentencing.
3682 (8) If a minor is ordered to a juvenile detention facility under Subsection (4) and the
3683 minor's conduct or condition endangers the safety or welfare of others in the juvenile detention
3684 facility, the court may find that the minor shall be detained in another place of confinement
3685 considered appropriate by the court, including a jail or an adult facility for pretrial confinement.
3686 (9) If a minor is charged for aggravated murder or murder in the district court under
3687 this section, and all charges for aggravated murder or murder result in an acquittal, a finding of
3688 not guilty, or a dismissal:
3689 (a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
3690 and
3691 (b) the Division of Juvenile Justice Services gains jurisdiction over the minor.
3692 Section 55. Section 78A-6-703.3 is enacted to read:
3693 78A-6-703.3. Criminal information for a minor in juvenile court.
3694 Notwithstanding Section 78A-6-602, if a prosecuting attorney charges a minor with a
3695 felony, the prosecuting attorney may file a criminal information in the court if the minor was a
3696 principal actor in an offense and the information alleges:
3697 (1) (a) the minor was 16 or 17 years old at the time of the offense; and
3698 (b) the offense for which the minor is being charged is a felony violation of:
3699 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
3700 (ii) Section 76-5-202, attempted aggravated murder;
3701 (iii) Section 76-5-203, attempted murder;
3702 (iv) Section 76-5-302, aggravated kidnapping;
3703 (v) Section 76-5-405, aggravated sexual assault;
3704 (vi) Section 76-6-103, aggravated arson;
3705 (vii) Section 76-6-203, aggravated burglary;
3706 (viii) Section 76-6-302, aggravated robbery;
3707 (ix) Section 76-10-508.1, felony discharge of a firearm; or
3708 (x) an offense other than an offense listed in Subsections (1)(b)(i) through (ix)
3709 involving the use of a dangerous weapon:
3710 (A) if the offense would be a felony had an adult committed the offense; and
3711 (B) the minor has been previously adjudicated or convicted of an offense involving the
3712 use of a dangerous weapon that would have been a felony if committed by an adult; or
3713 (2) (a) the minor was 14 or 15 years old at the time of the offense; and
3714 (b) the offense for which the minor is being charged is a felony violation of:
3715 (i) Section 76-5-202, aggravated murder or attempted aggravated murder; or
3716 (ii) Section 76-5-203, murder or attempted murder.
3717 Section 56. Section 78A-6-703.4 is enacted to read:
3718 78A-6-703.4. Extension of juvenile court jurisdiction -- Procedure.
3719 (1) At the time that a prosecuting attorney charges a minor who is 14 years old or older
3720 with a felony, either party may file a motion to extend the juvenile court's continuing
3721 jurisdiction over the minor's case until the minor is 25 years old if:
3722 (a) the minor was the principal actor in the offense; and
3723 (b) the petition or criminal information alleges a felony violation of:
3724 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
3725 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
3726 (iii) Section 76-5-203, murder or attempted murder;
3727 (iv) Section 76-5-302, aggravated kidnapping;
3728 (v) Section 76-5-405, aggravated sexual assault;
3729 (vi) Section 76-6-103, aggravated arson;
3730 (vii) Section 76-6-203, aggravated burglary;
3731 (viii) Section 76-6-302, aggravated robbery;
3732 (ix) Section 76-10-508.1, felony discharge of a firearm; or
3733 (x) (A) an offense other than the offenses listed in Subsections (1)(b)(i) through (ix)
3734 involving the use of a dangerous weapon that would be a felony if committed by an adult; and
3735 (B) the minor has been previously adjudicated or convicted of an offense involving the
3736 use of a dangerous weapon that would have been a felony if committed by an adult.
3737 (2) (a) Notwithstanding Subsection (1), either party may file a motion to extend the
3738 court's continuing jurisdiction after a determination by the court that the minor will not be
3739 bound over to the district court under Section 78A-6-703.5.
3740 (3) The court shall make a determination on a motion under Subsection (1) or (2) at the
3741 time of disposition.
3742 (4) The court shall extend the continuing jurisdiction over the minor's case until the
3743 minor is 25 years old if the court finds, by a preponderance of the evidence, that extending
3744 continuing jurisdiction is in the best interest of the minor and the public.
3745 (5) In considering whether it is in the best interest of the minor and the public for the
3746 court to extend jurisdiction over the minor's case until the minor is 25 years old, the court shall
3747 consider and base the court's decision on:
3748 (a) whether the protection of the community requires an extension of jurisdiction
3749 beyond the age of 21;
3750 (b) the extent to which the minor's actions in the offense were committed in an
3751 aggressive, violent, premeditated, or willful manner;
3752 (c) the minor's mental, physical, educational, trauma, and social history; and
3753 (d) the criminal record and previous history of the minor.
3754 (6) The amount of weight that each factor in Subsection (5) is given is in the court's
3755 discretion.
3756 (7) (a) The court may consider written reports and other materials relating to the
3757 minor's mental, physical, educational, trauma, and social history.
3758 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
3759 the court shall require the person preparing the report or other material to appear and be subject
3760 to both direct and cross-examination.
3761 (8) A minor may testify under oath, call witnesses, cross-examine witnesses, and
3762 present evidence on the factors described in Subsection (5).
3763 Section 57. Section 78A-6-703.5 is enacted to read:
3764 78A-6-703.5. Preliminary hearing.
3765 (1) If a prosecuting attorney files a criminal information in accordance with Section
3766 78A-6-703.3, the court shall conduct a preliminary hearing to determine whether a minor
3767 should be bound over to the district court for a qualifying offense.
3768 (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
3769 the burden of establishing:
3770 (a) probable cause to believe that a qualifying offense was committed and the minor
3771 committed that offense; and
3772 (b) by a preponderance of the evidence, that it is contrary to the best interests of the
3773 minor and the public for the juvenile court to retain jurisdiction over the offense.
3774 (3) In making a determination under Subsection (2)(b), the court shall consider and
3775 make findings on:
3776 (a) the seriousness of the qualifying offense and whether the protection of the
3777 community requires that the minor is detained beyond the amount of time allowed under
3778 Subsection 78A-6-117(2)(h), or beyond the age of continuing jurisdiction that the court may
3779 exercise under Section 78A-6-703.4;
3780 (b) the extent to which the minor's actions in the qualifying offense were committed in
3781 an aggressive, violent, premeditated, or willful manner;
3782 (c) the minor's mental, physical, educational, trauma, and social history;
3783 (d) the criminal record or history of the minor; and
3784 (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
3785 are available to the court.
3786 (4) The amount of weight that each factor in Subsection (3) is given is in the court's
3787 discretion.
3788 (5) (a) The court may consider any written report or other material that relates to the
3789 minor's mental, physical, educational, trauma, and social history.
3790 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
3791 the court shall require the person preparing the report, or other material, under Subsection
3792 (5)(a) to appear and be subject to direct and cross-examination.
3793 (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
3794 call witnesses, cross-examine witnesses, and present evidence on the factors described in
3795 Subsection (3).
3796 (7) (a) A proceeding before the court related to a charge filed under this part shall be
3797 conducted in conformity with the Utah Rules of Juvenile Procedure.
3798 (b) Title 78B, Chapter 22, Indigent Defense Act, and Section 78A-6-115 are applicable
3799 to the preliminary hearing under this section.
3800 (8) If the court finds that the prosecuting attorney has met the burden of proof under
3801 Subsection (2), the court shall bind the minor over to the district court to be held for trial.
3802 (9) (a) If the court finds that a qualifying offense has been committed by a minor, but
3803 the prosecuting attorney has not met the burden of proof under Subsection (2)(b), the court
3804 shall:
3805 (i) proceed upon the criminal information as if the information were a petition under
3806 Section 78A-6-602;
3807 (ii) release or detain the minor in accordance with Section 78A-6-113; and
3808 (iii) proceed with an adjudication for the minor in accordance with this chapter.
3809 (b) If the court finds that the prosecuting attorney has not met the burden under
3810 Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file a
3811 motion to extend the court's continuing jurisdiction over the minor's case until the minor is 25
3812 years old in accordance with Section 78A-6-703.4.
3813 (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
3814 criminal information as the qualifying offense if the qualifying offense and separate offense
3815 arise from a single criminal episode.
3816 (b) If the prosecuting attorney charges a minor with a separate offense as described in
3817 Subsection (10)(a):
3818 (i) the prosecuting attorney shall have the burden of establishing probable cause to
3819 believe that the separate offense was committed and the minor committed the separate offense;
3820 and
3821 (ii) if the prosecuting attorney establishes probable cause for the separate offense under
3822 Subsection (10)(b)(i) and the court binds the minor over to the district court for the qualifying
3823 offense, the court shall also bind the minor over for the separate offense to the district court.
3824 (11) If a grand jury indicts a minor for a qualifying offense:
3825 (a) the prosecuting attorney does not need to establish probable cause under Subsection
3826 (2)(a) for the qualifying offense and any separate offense included in the indictment; and
3827 (b) the court shall proceed with determining whether the minor should be bound over
3828 to the district court for the qualifying offense and any separate offense included in the
3829 indictment in accordance with Subsections (2)(b) and (3).
3830 (12) If a minor is bound over to the district court, the court shall:
3831 (a) issue a criminal warrant of arrest;
3832 (b) advise the minor of the right to bail; and
3833 (c) set initial bail in accordance with Title 77, Chapter 20, Bail.
3834 (13) (a) At the time that a minor is bound over to the district court, the court shall make
3835 an initial determination on where the minor is held until the time of trial.
3836 (b) In determining where a minor is held until the time of trial, the court shall consider:
3837 (i) the age of the minor;
3838 (ii) the minor's history of prior criminal acts;
3839 (iii) whether detention in a juvenile detention facility will adequately serve the need for
3840 community protection pending the outcome of any criminal proceedings;
3841 (iv) the relative ability of the facility to meet the needs of the minor and protect the
3842 public;
3843 (v) the physical maturity of the minor;
3844 (vi) the current mental state of the minor as evidenced by relevant mental health or
3845 psychological assessments or screenings that are made available to the court; and
3846 (vii) any other factors that the court considers relevant.
3847 (14) If the court orders a minor to be detained in a juvenile detention facility under
3848 Subsection (13), the minor shall remain in the facility:
3849 (a) until released by a district court; or
3850 (b) if convicted, until sentencing.
3851 (15) If the court orders the minor to be detained in a juvenile detention facility under
3852 Subsection (13) and the minor attains the age of 18 while detained at the facility, the minor
3853 shall be transferred within 30 days to an adult jail to remain:
3854 (a) until released by the district court; or
3855 (b) if convicted, until sentencing.
3856 (16) Except as provided in Subsection (17) and Section 78A-6-705, if a minor is bound
3857 over to the district court under this section, the jurisdiction of the Division of Juvenile Justice
3858 Services and the juvenile court over the minor is terminated for the qualifying offense and any
3859 other separate offense for which the minor is bound over.
3860 (17) If a minor is bound over to the district court for a qualifying offense and the
3861 qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:
3862 (a) the juvenile court regains jurisdiction over any separate offense committed by the
3863 minor; and
3864 (b) the Division of Juvenile Justice Services regains jurisdiction over the minor.
3865 Section 58. Section 78A-6-703.6 is enacted to read:
3866 78A-6-703.6. Criminal proceedings for a minor bound over to district court.
3867 (1) If the juvenile court binds a minor over to the district court in accordance with
3868 Section 78A-6-703.5, the prosecuting attorney shall try the minor as if the minor is an adult in
3869 the district court except:
3870 (a) the minor is not subject to a sentence of death in accordance with Subsection
3871 76-3-206(2)(b); and
3872 (b) the minor is not subject to a sentence of life without parole in accordance with
3873 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
3874 (2) A minor who is bound over to the district court to answer as an adult is not entitled
3875 to a preliminary hearing in the district court.
3876 (3) (a) If a minor is bound over to the district court by the juvenile court, the district
3877 court may reconsider the juvenile court's decision under Subsection 78A-6-703.5(13) as to
3878 where the minor is being held until trial.
3879 (b) If the district court reconsiders the juvenile court's decision as to where the minor is
3880 held, the district court shall consider and make findings on:
3881 (i) the age of the minor;
3882 (ii) the minor's history of prior criminal acts;
3883 (iii) whether detention in a juvenile detention facility will adequately serve the need for
3884 community protection pending the outcome of any criminal proceedings;
3885 (iv) the relative ability of the facility to meet the needs of the minor and protect the
3886 public;
3887 (v) the physical maturity of the minor;
3888 (vi) the current mental state of the minor as evidenced by relevant mental health or
3889 psychological assessments or screenings that are made available to the court; and
3890 (vii) any other factors the court considers relevant.
3891 (4) A minor who is ordered to a juvenile detention facility under Subsection (3) shall
3892 remain in the facility:
3893 (a) until released by a district court; or
3894 (b) if convicted, until sentencing.
3895 (5) If the district court orders the minor to be detained in a juvenile detention facility
3896 under Subsection (3) and the minor attains the age of 18 while detained at the facility, the
3897 minor shall be transferred within 30 days to an adult jail to remain:
3898 (a) until released by the district court; or
3899 (b) if convicted, until sentencing.
3900 (6) If a minor is bound over to the district court and detained in a juvenile detention
3901 facility, the district court may order the minor be detained in another place of confinement that
3902 is considered appropriate by the district court, including a jail or other place of pretrial
3903 confinement for adults if the minor's conduct or condition endangers the safety and welfare of
3904 others in the facility.
3905 (7) If the district court obtains jurisdiction over a minor under Section 78A-6-703.5,
3906 the district court is not divested of jurisdiction for a qualifying offense or a separate offense
3907 listed in the criminal information when the minor is allowed to enter a plea to, or is found
3908 guilty of, another offense in the same criminal information.
3909 Section 59. Section 78A-6-704 is amended to read:
3910 78A-6-704. Appeals from bind over proceedings.
3911 (1) A minor may, as a matter of right, appeal from[
3912 binding the minor over to the district court [
3913
3914
3915
3916 (2) The [
3917 an order of the juvenile court that a minor charged [
3918
3919 adjudicated in the juvenile court[
3920 [
3921
3922 Section 60. Section 78A-6-705 is amended to read:
3923 78A-6-705. Youth prison commitment.
3924 (1) (a) Before sentencing a minor, who [
3925
3926 under Section 78A-6-703.5 to be tried as an adult, to prison the district court shall request a
3927 report from the Division of Juvenile Justice Services regarding the potential risk to other
3928 [
3929 of Juvenile Justice Services.
3930 (b) The [
3931 report to the district court as part of the pre-sentence report or as a separate report.
3932 (2) If, after receiving the report described in Subsection (1), the district court
3933 determines that probation is not appropriate and commitment to prison is an appropriate
3934 sentence, the district court shall order the minor committed to prison and the minor shall be
3935 provisionally housed in a secure facility operated by the Division of Juvenile Justice Services
3936 until the minor reaches 18 years [
3937 Board of Pardons and Parole.
3938 (3) The district court may order the minor committed directly to the custody of the
3939 Department of Corrections if the court finds that:
3940 (a) the minor would present an unreasonable risk to others while in the [
3941 custody of the Division of Juvenile Justice Services;
3942 (b) the minor has previously been committed to a prison for adult offenders; or
3943 (c) housing the minor in a secure facility operated by the Division of Juvenile Justice
3944 Services would be contrary to the interests of justice.
3945 (4) (a) The Division of Juvenile Justice Services shall adopt procedures by rule,
3946 [
3947 regarding the transfer of a minor provisionally housed in a division facility under Subsection
3948 (2) to the custody of the Department of Corrections.
3949 (b) If, in accordance with [
3950 [
3951 facility presents an unreasonable risk to others or that it is not in the best interest of the minor,
3952 [
3953 the Department of Corrections.
3954 (5) (a) When a minor is committed to prison but ordered by a district court to be
3955 housed in a Division of Juvenile Justice Services facility under this section, the district court
3956 and the [
3957 Pardons and Parole so that the minor may be scheduled for a hearing according to board
3958 procedures.
3959 (b) If a minor who is provisionally housed in a [
3960 Services facility under this section has not been paroled or otherwise released from
3961 incarceration by the time the minor reaches 18 years [
3962 Juvenile Justice Services shall as soon as reasonably possible, but not later than when the
3963 minor reaches 18 years and 6 months [
3964 the Department of Corrections.
3965 (6) Upon the commitment of a minor to the custody of the Division of Juvenile Justice
3966 Services or the Department of Corrections under this section, the Board of Pardons and Parole
3967 has authority over the minor for purposes of parole, pardon, commutation, termination of
3968 sentence, remission of fines or forfeitures, orders of restitution, and all other purposes
3969 authorized by law.
3970 (7) The Youth Parole Authority may hold hearings, receive reports, or otherwise keep
3971 informed of the progress of a minor in the custody of the Division of Juvenile Justice Services
3972 under this section and may forward to the Board of Pardons and Parole any information or
3973 recommendations concerning the minor.
3974 (8) Commitment of a minor under this section is a prison commitment for all
3975 sentencing purposes.
3976 Section 61. Section 78A-6-1107 is amended to read:
3977 78A-6-1107. Transfer of continuing jurisdiction to other district.
3978 (1) [
3979
3980
3981 receiving court consents, or upon direction of the chair of the Board of Juvenile Court Judges.
3982 (2) The receiving court has the same powers with respect to the minor that it would
3983 have if the proceedings originated in that court.
3984 Section 62. Section 78A-6-1108 is amended to read:
3985 78A-6-1108. New hearings authorized -- Grounds and procedure.
3986 (1) A parent, guardian, [
3987 this chapter, [
3988 proceeding under this chapter[
3989 ground that new evidence [
3990 (a) was not known [
3991 (b) could not with due diligence have been made available at the original hearing; and
3992 [
3993 (c) might affect the decree[
3994 (2) If it appears to the court that there is new evidence [
3995 the court's decree, [
3996 disposition of the case warranted by all the facts and circumstances and the best interests of the
3997 minor.
3998 (3) This section does not apply to a minor's case handled under [
3999
4000 Section 63. Section 78A-7-106 is amended to read:
4001 78A-7-106. Jurisdiction.
4002 (1) [
4003 justice court has original jurisdiction over class B and C misdemeanors, violation of
4004 ordinances, and infractions committed within [
4005 [
4006 (2) [
4007
4008 exclusive jurisdiction under Subsection 78A-5-102(10) or 78A-6-103(3), a justice court has
4009 original jurisdiction over the following offenses committed within [
4010 territorial jurisdiction by [
4011 (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
4012 Licensing Act; and
4013 (b) class B and C misdemeanor and infraction violations of:
4014 (i) Title 23, Wildlife Resources Code of Utah;
4015 (ii) Title 41, Chapter 1a, Motor Vehicle Act;
4016 (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
4017 Under the Influence and Reckless Driving ;
4018 (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
4019 Operators Act;
4020 (v) Title 41, Chapter 22, Off-Highway Vehicles;
4021 (vi) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
4022 (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
4023 (viii) Title 73, Chapter 18b, Water Safety; and
4024 (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
4025 Operators Act.
4026 [
4027
4028 [
4029 (a) conduct constituting an element of the offense or a result constituting an element of
4030 the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
4031 itself unlawful;
4032 (b) either [
4033 located within the court's jurisdiction at the time the offense is committed;
4034 (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
4035 within the court's jurisdiction;
4036 (d) [
4037 offense within the court's jurisdiction, including an agreement in a conspiracy;
4038 (e) [
4039 another [
4040 jurisdiction;
4041 (f) the investigation of the offense does not readily indicate in which court's
4042 jurisdiction the offense occurred, and:
4043 (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
4044 passing within the court's jurisdiction;
4045 (ii) (A) the offense is committed on or in any body of water bordering on or within this
4046 state if the territorial limits of the justice court are adjacent to the body of water; and
4047 (B) as used in Subsection [
4048 lake, or reservoir, whether natural or man-made;
4049 (iii) [
4050 property within the court's jurisdiction; or
4051 (iv) the offense is committed on or near the boundary of the court's jurisdiction;
4052 (g) the offense consists of an unlawful communication that was initiated or received
4053 within the court's jurisdiction; or
4054 (h) jurisdiction is otherwise specifically provided by law.
4055 [
4056 judge may transfer [
4057 court for further proceedings if the justice court judge determines and the juvenile court
4058 concurs that the best interests of the [
4059 jurisdiction of the juvenile court[
4060 [
4061 8, Small Claims Courts, if a defendant resides in or the debt arose within the territorial
4062 jurisdiction of the justice court.
4063 Section 64. Section 78B-6-105 is amended to read:
4064 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
4065 over nonresidents -- Time for filing.
4066 (1) Adoption proceedings shall be commenced by filing a petition with the clerk of the
4067 district court either:
4068 (a) in the district where the prospective adoptive parent resides;
4069 (b) if the prospective adoptive parent is not a resident of this state, in the district where:
4070 (i) the adoptee was born;
4071 (ii) the adoptee resides on the day on which the petition is filed; or
4072 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
4073 or
4074 (c) with the juvenile court as provided in Subsection 78A-6-103[
4075 (2) All orders, decrees, agreements, and notices in the proceedings shall be filed with
4076 the clerk of the court where the adoption proceedings were commenced under Subsection (1).
4077 (3) A petition for adoption:
4078 (a) may be filed before the birth of a child;
4079 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
4080 the purpose of adoption; and
4081 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
4082 the home of the petitioners for the purpose of adoption, unless:
4083 (i) the time for filing has been extended by the court; or
4084 (ii) the adoption is arranged by a child-placing agency in which case the agency may
4085 extend the filing time.
4086 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
4087 or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
4088 shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
4089 provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
4090 (b) The notice may not include the name of:
4091 (i) a prospective adoptive parent; or
4092 (ii) an unmarried mother without her consent.
4093 (5) Service of notice as provided in Subsection (6) shall vest the court with jurisdiction
4094 over the person served in the same manner and to the same extent as if the person served was
4095 served personally within the state.
4096 (6) In the case of service outside the state, service completed not less than five days
4097 before the time set in the notice for appearance of the person served shall be sufficient to confer
4098 jurisdiction.
4099 (7) Computation of periods of time not otherwise set forth in this section shall be made
4100 in accordance with the Utah Rules of Civil Procedure.
4101 Section 65. Repealer.
4102 This bill repeals:
4103 Section 78A-6-701, Jurisdiction of district court.
4104 Section 78A-6-702, Serious youth offender -- Procedure.
4105 Section 78A-6-703, Certification hearings -- Juvenile court to hold preliminary
4106 hearing -- Factors considered by juvenile court for waiver of jurisdiction to district court.
4107 Section 66. Effective date.
4108 (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2020.
4109 (2) The actions affecting Section 76-10-105 (Effective 07/01/20) take effect on July 1,
4110 2020.
4111 Section 67. Coordinating H.B. 384 with H.B. 262 -- Substantive and technical
4112 amendments -- Omitting substantive changes.
4113 If this H.B. 384 and H.B. 262, Juvenile Delinquency Amendments, both pass and
4114 become law, it is the intent of the Legislature that the Office of Legislative Research and
4115 General Counsel shall prepare the Utah Code database for publication as follows:
4116 (1) by amending Subsection 76-10-105(2) (Superseded 07/01/20) to read:
4117 "(2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
4118 person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
4119 to [
4120 Section 78A-6-603, unless the violation is committed on school property under Section
4121 53G-8-211. If a violation under this section is adjudicated under Section 78A-6-117, the minor
4122 may be subject to the following:
4123 (a) a fine or penalty, in accordance with Section 78A-6-117; and
4124 (b) participation in a court-approved tobacco education program, which may include a
4125 participation fee.";
4126 (2) by amending Subsection 76-10-105(2) (Effective 07/01/20) to read:
4127 "(2) (a) An individual under the age of 18 who buys or attempts to buy, accepts, or has
4128 in the individual's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is
4129 subject to [
4130 under Section 78A-6-603, unless the violation is committed on school property under Section
4131 53G-8-211.
4132 (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
4133 may be subject to the following:
4134 [
4135 [
4136 include a participation fee.";
4137 (3) by making the amendments to Section 78A-6-105 in this bill supersede the
4138 amendments to Section 78A-6-105 in H.B. 262;
4139 (4) by making the amendments to Section 78A-6-116 in this bill supersede the
4140 amendments to Section 78A-6-116 in H.B. 262;
4141 (5) by changing the reference in Subsection 78A-6-117(2)(j)(viii) from Section
4142 "78A-6-602" to Section "78A-6-602.5";
4143 (6) by amending Section 78A-6-601 to read:
4144 "78A-6-601. Criminal proceedings involving minors -- Transfer to juvenile court
4145 -- Exceptions.
4146 [
4147
4148
4149
4150
4151
4152 (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
4153 justice court determines that an individual being charged is under 21 years old and was younger
4154 than 18 years old at the time of committing the alleged offense, the district court or justice
4155 court shall transfer the case to the juvenile court with all the papers, documents, and transcripts
4156 of any testimony.
4157 (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
4158 that is:
4159 (A) filed in the district court in accordance with Section 78A-6-703.2; or
4160 (B) transferred to the district court in accordance with Section 78A-6-703.5.
4161 (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
4162 offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
4163 (2) (a) [
4164 making the transfer shall:
4165 (i) order the [
4166 place of detention designated by the juvenile court[
4167 (ii) release [
4168 guardian, or other person legally responsible for [
4169 juvenile court at a time designated by [
4170 (b) If the alleged offense under Subsection (1) occurred before the individual was 12
4171 years old:
4172 (i) the district court or justice court making the transfer shall release the individual to
4173 the custody of the individual's parent or guardian, or other person legally responsible for the
4174 individual;
4175 (ii) the juvenile court shall treat the transfer as a referral under Subsection
4176 78A-6-602(3); and
4177 (iii) the juvenile court's probation department shall make a preliminary inquiry to
4178 determine whether the individual is eligible for a nonjudicial adjustment in accordance with
4179 Section 78A-6-602.
4180 (c) If the case is transferred to the juvenile court under this section, the juvenile court
4181 shall [
4182 (3) A district court or justice court does not have to transfer a case under Subsection
4183 (1) if the district court or justice court would have had jurisdiction over the case at the time the
4184 individual committed the offense in accordance with Subsections 78A-6-102(9) and
4185 78A-7-106(2).";
4186 (7) by amending Section 78A-6-602 to read:
4187 "78A-6-602. Referrals -- Nonjudicial adjustments.
4188 [
4189
4190 (1) As used in this section, "referral" means a formal referral, a referral to the court
4191 under Section 53G-8-211 or Subsection 78A-6-601(2)(b), or a citation issued to a minor for
4192 which the court receives notice under Section 78A-6-603.
4193 (2) (a) A peace officer, or a public official of the state, a county, city, or town charged
4194 with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral
4195 with the [
4196 (b) If the arrested minor is taken to a detention facility, [
4197
4198 within [
4199
4200
4201 [
4202
4203
4204
4205
4206 (c) A peace officer, public official, school district, or school may only make a referral
4207 to the court under Section 53G-8-211 for an offense that is subject to referral under Section
4208 53G-8-211.
4209 (3) If the court receives a referral for a minor who is, or appears to be, within the
4210 court's jurisdiction, the court's probation department shall make a preliminary inquiry in
4211 accordance with Subsections (5), (6), and (7) to determine whether the minor is eligible to enter
4212 into a nonjudicial adjustment.
4213 (4) If a minor is referred to the court for multiple offenses arising from a single
4214 criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the
4215 court's probation department shall offer the minor one nonjudicial adjustment for all offenses
4216 arising from the single criminal episode.
4217 (5) (a) The court's probation department may:
4218 (i) conduct a validated risk and needs assessment; and
4219 (ii) request that a prosecuting attorney review a referral in accordance with Subsection
4220 (11) if:
4221 (A) the results of the validated risk and needs assessment indicate the minor is high
4222 risk; or
4223 (B) the results of the validated risk and needs assessment indicate the minor is
4224 moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
4225 Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
4226 (b) If a minor violates Section 41-6a-502, the minor shall:
4227 (i) undergo a drug and alcohol screening;
4228 (ii) if found appropriate by the screening, participate in an assessment; and
4229 (iii) if warranted by the screening and assessment, follow the recommendations of the
4230 assessment.
4231 (6) Except as provided in Subsection (7)(b), the probation department shall request that
4232 a prosecuting attorney review a referral in accordance with Subsection (11) if:
4233 (a) the referral involves:
4234 (i) a felony offense; or
4235 (ii) a violation of:
4236 (A) Section 41-6a-502, driving under the influence;
4237 (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
4238 serious bodily injury;
4239 (C) Section 76-5-206, negligent homicide;
4240 (D) Section 76-9-702.1, sexual battery;
4241 (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
4242 shotgun on or about school premises; or
4243 (F) Section 76-10-509, possession of a dangerous weapon by minor, but only if the
4244 dangerous weapon is a firearm;
4245 (b) the minor has a current suspended order for custody under Subsection
4246 78A-6-117(5)(a); or
4247 (c) the referral involves an offense alleged to have occurred before an individual was
4248 12 years old and the offense is a felony violation of:
4249 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
4250 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
4251 (iii) Section 76-5-203, murder or attempted murder;
4252 (iv) Section 76-5-302, aggravated kidnapping;
4253 (v) Section 76-5-405, aggravated sexual assault;
4254 (vi) Section 76-6-103, aggravated arson;
4255 (vii) Section 76-6-203, aggravated burglary;
4256 (viii) Section 76-6-302, aggravated robbery; or
4257 (ix) Section 76-10-508.1, felony discharge of a firearm.
4258 [
4259 court's probation department shall offer a nonjudicial adjustment to a minor if the minor:
4260 [
4261 offense;
4262 [
4263 [
4264 (b) If the court receives a referral for an offense that is alleged to have occurred before
4265 an individual was 12 years old, the court's probation department shall offer a nonjudicial
4266 adjustment to the individual, unless the referral includes an offense described in Subsection
4267 (6)(c).
4268 (c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
4269 under this Subsection (7), the court's probation department shall treat all offenses arising out of
4270 a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial
4271 adjustment.
4272 (ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
4273 this Subsection (7), the court's probation department shall treat all offenses arising out of a
4274 single criminal episode that resulted in one or more prior adjudications as a single adjudication.
4275 [
4276
4277
4278 [
4279
4280
4281
4282 [
4283 [
4284
4285 [
4286
4287
4288 [
4289 [
4290
4291
4292 [
4293
4294
4295
4296 [
4297 [
4298
4299
4300 [
4301 may offer a nonjudicial adjustment to [
4302 provided in Subsection [
4303 [
4304
4305 (8) For a nonjudicial adjustment, the court's probation department may require a minor
4306 to:
4307 (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
4308 terms established under Subsection (10)(c);
4309 (b) pay restitution to any victim;
4310 (c) complete community or compensatory service;
4311 (d) attend counseling or treatment with an appropriate provider;
4312 (e) attend substantive abuse treatment or counseling;
4313 (f) comply with specified restrictions on activities or associations;
4314 (g) attend victim-offender mediation if requested by the victim; and
4315 (h) comply with any other reasonable action that is in the interest of the minor, the
4316 community, or the victim.
4317 (9) (a) Within seven days of receiving a referral that appears to be eligible for a
4318 nonjudicial adjustment in accordance with Subsection (7), the court's probation department
4319 shall provide an initial notice to reasonably identifiable and locatable victims of the offense
4320 contained in the referral.
4321 (b) The victim shall be responsible to provide to the probation department upon
4322 request:
4323 (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
4324 out-of-pocket loss;
4325 (ii) documentation and evidence of compensation or reimbursement from an insurance
4326 company or an agency of the state, any other state, or the federal government received as a
4327 direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
4328 (iii) proof of identification, including home and work address and telephone numbers.
4329 (c) The inability, failure, or refusal of the victim to provide all or part of the requested
4330 information shall result in the probation department determining restitution based on the best
4331 information available.
4332 (10) (a) The court's probation department may not predicate acceptance of an offer of a
4333 nonjudicial adjustment on an admission of guilt.
4334 [
4335 a minor an offer of nonjudicial adjustment due to [
4336 penalty under Subsection [
4337 (c) The court's probation department shall base a fee, fine, or the restitution for a
4338 nonjudicial adjustment under Subsection (8) upon the ability of the minor's family to pay as
4339 determined by a statewide sliding scale developed in accordance with Section 63M-7-208 on or
4340 after July 1, 2018.
4341 [
4342 more than 90 days [
4343 juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
4344 (e) (i) Notwithstanding Subsection (10)(d), a juvenile court judge may extend a
4345 nonjudicial adjustment beyond the 180 days permitted under Subsection (10)(d) for a minor
4346 who is offered a nonjudicial adjustment under Subsection (7)(b) for a sexual offense under
4347 Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (11)(b)(ii) for a
4348 sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed
4349 before the minor was 12 years old, if the judge determines that:
4350 (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
4351 (B) the treatment cannot be completed within 180 days after the day on which the
4352 minor entered into the nonjudicial adjustment; and
4353 (C) the treatment is necessary based on a clinical assessment that is developmentally
4354 appropriate for the minor.
4355 (ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
4356 (10)(e)(i), the judge may extend the nonjudicial adjustment until the minor completes the
4357 treatment under this Subsection (10)(e), but the judge may only grant each extension for 90
4358 days at a time.
4359 (f) If a minor violates Section 76-10-105, the minor may be required to pay a fine or
4360 penalty and participate in a court-approved tobacco education program with a participation fee.
4361 [
4362 [
4363
4364 [
4365 [
4366
4367 [
4368
4369
4370 [
4371 [
4372
4373 [
4374
4375 [
4376 [
4377 [
4378 [
4379 [
4380 [
4381 [
4382
4383 [
4384
4385
4386
4387 [
4388
4389 with Subsection (5) or (6), a minor fails to substantially comply with [
4390 condition agreed upon as part of the nonjudicial [
4391 offered or declines a nonjudicial adjustment [
4392
4393 accordance with Subsection (7), the prosecuting attorney shall:
4394 (a) review the case; and
4395 (b) (i) dismiss the case;
4396 (ii) refer the case back to the probation department for a new attempt at nonjudicial
4397 adjustment; or
4398 (iii) [
4399 78A-6-602.5(2), file a petition with the court.
4400 [
4401 (12) (a) A prosecuting attorney may file a petition only upon reasonable belief that:
4402 (i) the charges are supported by probable cause;
4403 (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
4404 doubt; and
4405 (iii) the decision to charge is in the interests of justice.
4406 [
4407 under Subsection [
4408 conditions agreed upon in accordance with Subsection [
4409 imposed through any other court diversion program.
4410 [
4411
4412
4413 [
4414
4415 [
4416 [
4417 [
4418
4419 [
4420 [
4421 [
4422
4423 [
4424
4425 [
4426
4427 (13) A prosecuting attorney may not file a petition against a minor unless:
4428 (a) the prosecuting attorney has statutory authority to file the petition under Section
4429 78A-6-602.5; and
4430 (b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection (7);
4431 (ii) the minor declines nonjudicial adjustment;
4432 (iii) the minor fails to substantially comply with the conditions agreed upon as part of
4433 the nonjudicial adjustment;
4434 (iv) the minor fails to respond to the probation department's inquiry regarding
4435 eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
4436 preliminary inquiry; or
4437 (v) the prosecuting attorney is acting under Subsection (11).
4438 [
4439 proceeding is commenced against a minor under Section 78A-6-603, the court may refer the
4440 case to the probation department for another offer of nonjudicial adjustment.
4441 [
4442
4443
4444
4445 [
4446
4447
4448
4449 [
4450
4451
4452
4453
4454
4455 [
4456
4457 (8) by deleting Subsection 78A-6-602.5(3) enacted by H.B. 262; and
4458 (9) by making the amendments to Section 78A-6-603 in H.B. 262 supersede the
4459 amendments to Section 78A-6-603 in this bill.
4460 Section 68. Coordinating H.B. 384 with H.B. 291 -- Substantive and technical
4461 amendments.
4462 If this H.B. 384 and H.B. 291, Human Trafficking Amendments, both pass and become
4463 law, it is the intent of the Legislature that the amendments to Section 76-10-1302 in H.B. 291
4464 supersede the amendments to Section 76-10-1302 in this bill when the Office of Legislative
4465 Research and General Counsel prepares the Utah Code database for publication.