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7 LONG TITLE
8 General Description:
9 This bill addresses the sentencing of individuals who are committed to the custody of
10 the Division of Juvenile Justice Services.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ addresses the termination of certain juvenile dispositions when a defendant is
15 convicted and sentenced by the court;
16 ▸ allows a court to order a sentence to run consecutively or concurrently to certain
17 juvenile dispositions;
18 ▸ provides factors for the court to consider when determining whether a defendant's
19 sentence runs concurrently or consecutively to certain juvenile dispositions;
20 ▸ requires clarification by the court if the court fails to determine whether a sentence
21 runs concurrently or consecutively to certain juvenile dispositions;
22 ▸ if a court determines that a sentence for imprisonment in a secure correctional
23 facility or a county jail runs concurrently to a juvenile disposition for secure
24 confinement in a secure facility, requires a defendant to remain in the secure facility
25 until the Youth Parole Authority terminates the juvenile disposition;
26 ▸ upon termination of a defendant's juvenile disposition for secure confinement in a
27 secure facility, requires the Division of Juvenile Justice Services to notify and
28 facilitate the transfer or release of the defendant;
29 ▸ requires the court and the Division of Juvenile Justice Services to notify the Board
30 of Pardons and Parole when the defendant is sentenced to imprisonment in a secure
31 correctional facility; and
32 ▸ provides that the Board of Pardons and Parole has authority for certain purposes
33 over a defendant whose sentence for imprisonment in a secure correctional facility
34 runs concurrently with a juvenile disposition for secure confinement in a secure
35 facility.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 ENACTS:
42 76-3-401.5, Utah Code Annotated 1953
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 76-3-401.5 is enacted to read:
46 76-3-401.5. Concurrent or consecutive sentence with a juvenile disposition.
47 (1) As used in this section:
48 (a) "Authority" means the Youth Parole Authority created in Section 62A-7-501.
49 (b) "Board" means the Board of Pardons and Parole created in Section 77-27-2.
50 (c) "Division" means the Division of Juvenile Justice Services created in Section
51 62A-7-102.
52 (d) (i) "Juvenile disposition" means an order for commitment to the custody of the
53 division under Subsection 78A-6-117(2)(c).
54 (ii) "Juvenile disposition" includes an order for commitment to the custody of the
55 division for secure confinement in a secure facility under Subsection 78A-6-117(2)(e).
56 (e) "Secure correctional facility" means the same as that term is defined in Section
57 64-13-1.
58 (f) "Secure facility" means the same as that term is defined in Section 78A-6-105.
59 (2) If a defendant who is 18 years old or older is serving a juvenile disposition, a court
60 may not terminate the juvenile disposition for the defendant when:
61 (a) the defendant is convicted of an offense; and
62 (b) the court imposes a sentence under Section 76-3-201 for the offense.
63 (3) (a) If a defendant who is 18 years old or older is convicted and sentenced for an
64 offense and the defendant is serving a juvenile disposition at the time of sentencing, the court
65 shall determine whether the sentence is to run concurrently or consecutively to the juvenile
66 disposition.
67 (b) The court shall state on the record and in the order of judgment and commitment
68 whether the sentence imposed is to run concurrently or consecutively with the juvenile
69 disposition.
70 (c) In determining whether a sentence is to run concurrently or consecutively with a
71 juvenile disposition, the court shall consider:
72 (i) the gravity and circumstances of the offense for which the defendant is convicted;
73 (ii) the number of victims; and
74 (iii) the history, character, and rehabilitative needs of the defendant.
75 (d) If an order of judgment and commitment does not clearly state whether the sentence
76 is to run consecutively or concurrently with the juvenile disposition, the division shall request
77 clarification from the court.
78 (e) Upon receipt of the request under Subsection (3)(d), the court shall enter a clarified
79 order of judgment and commitment stating whether the sentence is to run concurrently or
80 consecutively to the juvenile disposition.
81 (4) If a court orders a sentence for imprisonment to run concurrently with a juvenile
82 disposition for secure confinement in a secure facility under Subsection 78A-6-117(2)(e), the
83 defendant shall serve the sentence in the secure facility until the juvenile disposition is
84 terminated by the authority in accordance with Section 62A-7-404.5.
85 (5) If a court orders a sentence for imprisonment in a county jail to run concurrently
86 with a juvenile disposition for secure confinement in a secure facility under Subsection
87 78A-6-117(2)(e) and the disposition is terminated before the defendant's sentence for
88 imprisonment in the county jail is terminated, the division shall:
89 (a) notify the county jail at least 14 days before the day on which the defendant's
90 disposition is terminated or the defendant is released from the secure facility; and
91 (b) facilitate the transfer or release of the defendant in accordance with the order of
92 judgment and commitment imposed by the court.
93 (6) (a) If a court orders a sentence for imprisonment in a secure correctional facility to
94 run concurrently with a juvenile disposition for secure confinement in a secure facility under
95 Subsection 78A-6-117(2)(e):
96 (i) the board has authority over the defendant for purposes of ordering parole, pardon,
97 commutation, termination of sentence, remission of fines or forfeitures, restitution, and any
98 other authority granted by law; and
99 (ii) the court and the division shall immediately notify the board that the defendant will
100 remain in a secure facility as described in Subsection (4) for the board to schedule a hearing for
101 the defendant in accordance with board procedures.
102 (b) If a court orders a sentence for imprisonment in a secure correctional facility to run
103 concurrently with a juvenile disposition for secure confinement in a secure facility under
104 Subsection 78A-6-117(2)(e) and the juvenile disposition is terminated before the defendant's
105 sentence is terminated, the division shall:
106 (i) notify the board and the Department of Corrections at least 14 days before the day
107 on which the defendant's disposition is terminated or the defendant is released from the secure
108 facility; and
109 (ii) facilitate a release or transfer of the defendant in accordance with the order of
110 judgment and commitment imposed by the court.