Representative V. Lowry Snow proposes the following substitute bill:


1     
JUVENILE JUSTICE AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to juvenile justice.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that certain offenses are not subject to the time periods for termination and
13     parole supervision for juvenile offenders;
14          ▸     requires that a minor who is under the jurisdiction of the district court for an offense
15     be held in a juvenile detention facility;
16          ▸     requires a minor who is committed to prison by the district court be provisionally
17     housed with the Division of Juvenile Justice Services until the minor is 21 years
18     old;
19          ▸     amends definitions relating to minors who are adjudicated for certain kidnap or
20     sexual offenses; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a coordination clause.
26     Utah Code Sections Affected:
27     AMENDS:
28          62A-7-404.5, as enacted by Laws of Utah 2020, Chapter 214
29          77-41-102, as last amended by Laws of Utah 2020, Chapter 108
30          78A-6-703.2, as enacted by Laws of Utah 2020, Chapter 214
31          78A-6-703.5, as enacted by Laws of Utah 2020, Chapter 214
32          78A-6-703.6, as enacted by Laws of Utah 2020, Chapter 214
33          78A-6-705, as last amended by Laws of Utah 2020, Chapter 214
34     Utah Code Sections Affected by Coordination Clause:
35          77-41-102, as last amended by Laws of Utah 2020, Chapter 108
36          78A-6-703.5, as enacted by Laws of Utah 2020, Chapter 214
37          80-6-502, (Renumbered from 78A-6-703.2, as enacted by Laws of Utah 2020, Chapter
38     214)
39          80-6-504, (Renumbered from 78A-6-703.5, as enacted by Laws of Utah 2020, Chapter
40     214)
41          80-6-505, (Renumbered from 78A-6-703.6, as enacted by Laws of Utah 2020, Chapter
42     214)
43          80-6-507, (Renumbered from 78A-6-705, as last amended by Laws of Utah 2020,
44     Chapter 214)
45     

46          Section 1. Section 62A-7-404.5 is amended to read:
47          62A-7-404.5. Review and termination of commitment.
48          (1) If a juvenile offender has been committed to a secure facility, the juvenile offender
49     shall appear before the authority within 45 days after the day on which the juvenile offender is
50     committed to a secure facility for review of a treatment plan and to establish parole release
51     guidelines.
52          (2) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
53     presumptive term of commitment for the juvenile offender that does not exceed three to six
54     months.
55          (b) The authority shall release the juvenile offender on parole at the end of the
56     presumptive term of commitment unless at least one the following circumstances exists:
57          (i) termination would interrupt the completion of a necessary treatment program; or
58          (ii) the juvenile offender commits a new misdemeanor or felony offense.
59          (c) The authority shall determine whether a juvenile offender has completed a program
60     under Subsection (2)(b)(i) by considering the recommendations of the licensed service
61     provider, the juvenile offender's consistent attendance record, and the juvenile offender's
62     completion of the goals of the necessary treatment program.
63          (d) The authority may extend the length of commitment and delay parole release for the
64     time needed to address the specific circumstance if one of the circumstances under Subsection
65     (2)(b) exists.
66          (e) The authority shall:
67          (i) record the length of the extension and the grounds for the extension; and
68          (ii) report annually the length and grounds of extension to the commission.
69          (3) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
70     presumptive term of parole supervision that does not exceed three to four months.
71          (b) If the authority determines that a juvenile offender is unable to return home
72     immediately upon release, the juvenile offender may serve the term of parole in the home of a
73     qualifying relative or guardian or at an independent living program contracted or operated by
74     the division.
75          (c) The authority shall release a juvenile offender from parole and terminate
76     jurisdiction at the end of the presumptive term of parole, unless at least one the following
77     circumstances exists:
78          (i) termination would interrupt the completion of a necessary treatment program;
79          (ii) the juvenile offender commits a new misdemeanor or felony offense; or
80          (iii) restitution has not been completed.
81          (d) The authority shall determine whether a juvenile offender has completed a program
82     under Subsection (2)(c) by considering the recommendations of the licensed service provider,
83     the juvenile offender's consistent attendance record, and the juvenile offender's completion of
84     the goals of the necessary treatment program.
85          (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
86     parole release only for the time needed to address the specific circumstance.
87          (f) The authority shall:
88          (i) record the grounds for extension of the presumptive length of parole and the length
89     of the extension; and
90          (ii) report annually the extension and the length of the extension to the commission.
91          (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
92     shall toll until the juvenile offender returns.
93          (4) Subsections (2) and (3) do not apply to a juvenile offender committed to a secure
94     facility for [a felony violation of]:
95          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
96          (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
97          (c) Section 76-5-203, murder or attempted murder;
98          (d) Section 76-5-205, manslaughter;
99          (e) Section 75-5-206, negligent homicide;
100          (f) Section 76-5-207, automobile homicide;
101          (g) Section 76-5-207.5, automobile homicide involving handheld wireless
102     communication device;
103          (h) Section 76-5-208, child abuse homicide;
104          (i) Section 76-5-209, homicide by assault;
105          [(d)] (j) Section 76-5-302, aggravated kidnapping;
106          [(e)] (k) Section 76-5-405, aggravated sexual assault;
107          [(f)] (l) a felony violation of Section 76-6-103, aggravated arson;
108          [(g)] (m) Section 76-6-203, aggravated burglary;
109          [(h)] (n) Section 76-6-302, aggravated robbery;
110          [(i)] (o) Section 76-10-508.1, felony discharge of a firearm;
111          [(j) an offense other than an offense listed in Subsections (4)(a) through (i) involving
112     the use of a dangerous weapon:]
113          [(i) if the offense would be a felony had an adult committed the offense; and]
114          [(ii) the juvenile offender has been previously adjudicated or convicted of an offense
115     involving the use of a dangerous weapon that would have been a felony had an adult committed
116     the offense; or]
117          (p) (i) an offense other than an offense listed in Subsections (4)(a) through (o)
118     involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
119          (ii) the juvenile offender has been previously adjudicated or convicted of an offense
120     involving the use of a dangerous weapon; or
121          [(k)] (q) an offense other than an offense listed in Subsections (4)(a) through [(j)] (p)
122     and the [minor] juvenile offender has been previously committed to the custody of the Division
123     of Juvenile Justice Services for secure confinement.
124          (5) (a) The division may continue to have responsibility over a juvenile offender, who
125     is discharged under this section from parole, to participate in a specific educational or
126     rehabilitative program:
127          (i) until the juvenile offender is:
128          (A) if the juvenile offender is a youth offender, 21 years old; or
129          (B) if the juvenile offender is a serious youth offender, 25 years old; and
130          (ii) under an agreement by the division and the juvenile offender that the program has
131     certain conditions.
132          (b) The division and the juvenile offender may terminate participation in a program
133     under Subsection (5)(a) at any time.
134          (c) The division shall offer an educational or rehabilitative program before a juvenile
135     offender's discharge date in accordance with this section.
136          (d) A juvenile offender may request the services described in this Subsection (5), even
137     if the offender has been previously declined services or services were terminated for
138     noncompliance.
139          (e) Notwithstanding Subsection (5)(c), the division:
140          (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
141     services described in this Subsection (5) for up to 365 days after the juvenile offender's
142     effective date of discharge, even if the juvenile offender has previously declined services or
143     services were terminated for noncompliance; and
144          (ii) may reach an agreement with the juvenile offender to provide the services
145     described in this Subsection (5) until the juvenile offender is:
146          (A) if the juvenile offender is a youth offender, 21 years old; or
147          (B) if the juvenile offender is a serious youth offender, 25 years old.
148          (f) The division and the juvenile offender may terminate an agreement for services
149     under this Subsection (5) at any time.
150          Section 2. Section 77-41-102 is amended to read:
151          77-41-102. Definitions.
152          As used in this chapter:
153          (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
154     Safety established in section 53-10-201.
155          (2) "Business day" means a day on which state offices are open for regular business.
156          (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
157     Identification showing that the offender has met the requirements of Section 77-41-112.
158          (4) "Department" means the Department of Corrections.
159          (5) "Division" means the Division of Juvenile Justice Services.
160          (6) "Employed" or "carries on a vocation" includes employment that is full time or part
161     time, whether financially compensated, volunteered, or for the purpose of government or
162     educational benefit.
163          (7) "Indian Country" means:
164          (a) all land within the limits of any Indian reservation under the jurisdiction of the
165     United States government, regardless of the issuance of any patent, and includes rights-of-way
166     running through the reservation;
167          (b) all dependent Indian communities within the borders of the United States whether
168     within the original or subsequently acquired territory, and whether or not within the limits of a
169     state; and
170          (c) all Indian allotments, including the Indian allotments to which the Indian titles have
171     not been extinguished, including rights-of-way running through the allotments.
172          (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
173     property under the jurisdiction of the United States military, Canada, the United Kingdom,
174     Australia, or New Zealand.
175          (9) "Kidnap offender" means any individual other than a natural parent of the victim
176     who:
177          (a) has been convicted in this state of a violation of:
178          (i) Subsection 76-5-301(1)(c) or (d), kidnapping;
179          (ii) Section 76-5-301.1, child kidnapping;
180          (iii) Section 76-5-302, aggravated kidnapping;
181          (iv) Section 76-5-308, human trafficking for labor and human smuggling;
182          (v) Section 76-5-308, human smuggling, when the individual smuggled is under 18
183     years [of age] old;
184          (vi) Section 76-5-308.5, human trafficking of a child for labor;
185          (vii) Section 76-5-310, aggravated human trafficking and aggravated human
186     smuggling, on or after May 10, 2011;
187          (viii) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
188          (ix) attempting, soliciting, or conspiring to commit any felony offense listed in
189     Subsections (9)(a)(i) through (iii);
190          (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
191     commit a crime in another jurisdiction, including any state, federal, or military court that is
192     substantially equivalent to the offenses listed in Subsection (9)(a) and who is:
193          (i) a Utah resident; or
194          (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
195     10 or more days, regardless of whether or not the offender intends to permanently reside in this
196     state;
197          (c) (i) is required to register as a kidnap offender in any other jurisdiction of original
198     conviction, who is required to register as a kidnap offender by any state, federal, or military
199     court, or who would be required to register as a kidnap offender if residing in the jurisdiction of
200     the conviction regardless of the date of the conviction or any previous registration
201     requirements; and
202          (ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
203     whether or not the offender intends to permanently reside in this state;
204          (d) is a nonresident regularly employed or working in this state, or who is a student in
205     this state, and was convicted of one or more offenses listed in Subsection (9), or any
206     substantially equivalent offense in another jurisdiction, or as a result of the conviction, is
207     required to register in the individual's state of residence;
208          (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
209     one or more offenses listed in Subsection (9); or
210          (f) is adjudicated delinquent based on one or more offenses listed in Subsection (9)(a)
211     and who has been committed to the division for secure confinement for that offense and:
212          (i) the individual remains in the division's custody [30 days prior] until 30 days before
213     [to] the individual's 21st birthday[.]; or
214          (ii) if the juvenile court extended the juvenile court's jurisdiction over the minor under
215     Section 78A-6-703.4, the individual remains in the division's custody until 30 days before the
216     individual's 25th birthday.
217          (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
218     minor's noncustodial parent.
219          (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
220     as defined in Subsection (17).
221          (12) "Online identifier" or "Internet identifier":
222          (a) means any electronic mail, chat, instant messenger, social networking, or similar
223     name used for Internet communication; and
224          (b) does not include date of birth, social security number, PIN number, or Internet
225     passwords.
226          (13) "Primary residence" means the location where the offender regularly resides, even
227     if the offender intends to move to another location or return to another location at any future
228     date.
229          (14) "Register" means to comply with the requirements of this chapter and
230     administrative rules of the department made under this chapter.
231          (15) "Registration website" means the Sex and Kidnap Offender Notification and
232     Registration website described in Section 77-41-110 and the information on the website.
233          (16) "Secondary residence" means any real property that the offender owns or has a
234     financial interest in, or any location where, in any 12-month period, the offender stays
235     overnight a total of 10 or more nights when not staying at the offender's primary residence.
236          (17) "Sex offender" means any individual:
237          (a) convicted in this state of:
238          (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
239          (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult, on or after May 10,
240     2011;
241          (iii) Section 76-5-308, human trafficking for sexual exploitation;
242          (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
243          (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
244          (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
245          (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
246     Subsection 76-5-401(3)(b) or (c);
247          (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
248     76-5-401.1(3);
249          (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
250          (x) Section 76-5-402, rape;
251          (xi) Section 76-5-402.1, rape of a child;
252          (xii) Section 76-5-402.2, object rape;
253          (xiii) Section 76-5-402.3, object rape of a child;
254          (xiv) a felony violation of Section 76-5-403, forcible sodomy;
255          (xv) Section 76-5-403.1, sodomy on a child;
256          (xvi) Section 76-5-404, forcible sexual abuse;
257          (xvii) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a
258     child;
259          (xviii) Section 76-5-405, aggravated sexual assault;
260          (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
261     younger than 18 years [of age] old, if the offense is committed on or after May 10, 2011;
262          (xx) Section 76-5b-201, sexual exploitation of a minor;
263          (xxi) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
264          (xxii) Section 76-7-102, incest;
265          (xxiii) Section 76-9-702, lewdness, if the individual has been convicted of the offense
266     four or more times;
267          (xxiv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the
268     offense four or more times;
269          (xxv) any combination of convictions of Section 76-9-702, lewdness, and of Section
270     76-9-702.1, sexual battery, that total four or more convictions;
271          (xxvi) Section 76-9-702.5, lewdness involving a child;
272          (xxvii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
273          (xxviii) Section 76-10-1306, aggravated exploitation of prostitution; or
274          (xxix) attempting, soliciting, or conspiring to commit any felony offense listed in this
275     Subsection (17)(a);
276          (b) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
277     commit a crime in another jurisdiction, including any state, federal, or military court that is
278     substantially equivalent to the offenses listed in Subsection (17)(a) and who is:
279          (i) a Utah resident; or
280          (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
281     10 or more days, regardless of whether the offender intends to permanently reside in this state;
282          (c) (i) who is required to register as a sex offender in any other jurisdiction of original
283     conviction, who is required to register as a sex offender by any state, federal, or military court,
284     or who would be required to register as a sex offender if residing in the jurisdiction of the
285     original conviction regardless of the date of the conviction or any previous registration
286     requirements; and
287          (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
288     regardless of whether or not the offender intends to permanently reside in this state;
289          (d) who is a nonresident regularly employed or working in this state or who is a student
290     in this state and was convicted of one or more offenses listed in Subsection (17)(a), or any
291     substantially equivalent offense in any jurisdiction, or as a result of the conviction, is required
292     to register in the individual's jurisdiction of residence;
293          (e) who is found not guilty by reason of insanity in this state, or in any other
294     jurisdiction of one or more offenses listed in Subsection (17)(a); or
295          (f) who is adjudicated delinquent based on one or more offenses listed in Subsection
296     (17)(a) and who has been committed to the division for secure confinement for that offense
297     and:
298          (i) the individual remains in the division's custody [30 days prior to] until 30 days
299     before the individual's 21st birthday[.]; or
300          (ii) if the juvenile court extended the juvenile court's jurisdiction over the minor under
301     Section 78A-6-703.4, the individual remains in the division's custody until 30 days before the
302     individual's 25th birthday.
303          (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
304     Driving Under the Influence and Reckless Driving.
305          (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
306     any jurisdiction.
307          Section 3. Section 78A-6-703.2 is amended to read:
308          78A-6-703.2. Criminal information for a minor in district court.
309          (1) If a prosecuting attorney charges a minor with aggravated murder under Section
310     76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
311     information in the district court if the minor was the principal actor in an offense and the
312     information alleges:
313          (a) the minor was 16 or 17 years old at the time of the offense; and
314          (b) the offense for which the minor is being charged is:
315          (i) Section 76-5-202, aggravated murder; or
316          (ii) Section 76-5-203, murder.
317          (2) If the prosecuting attorney files a criminal information in the district court in
318     accordance with Subsection (1), the district court shall try the minor as an adult, except:
319          (a) the minor is not subject to a sentence of death in accordance with Subsection
320     76-3-206(2)(b); and
321          (b) the minor is not subject to a sentence of life without parole in accordance with
322     Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
323          (3) (a) Except for a minor who is subject to the authority of the Board of Pardons and
324     Parole, a minor shall be held in a juvenile detention facility [until the district court determines
325     where the minor will be held until the time of trial if:].
326          [(a) the minor is 16 or 17 years old; and]
327          [(b) the minor is arrested for aggravated murder or murder.]
328          [(4) In considering where a minor will be detained until the time of trial, the district
329     court shall consider:]
330          [(a) the age of the minor;]
331          [(b) the nature, seriousness, and circumstances of the alleged offense;]
332          [(c) the minor's history of prior criminal acts;]
333          [(d) whether detention in a juvenile detention facility will adequately serve the need for
334     community protection pending the outcome of any criminal proceedings;]
335          [(e) the relative ability of the facility to meet the needs of the minor and protect the
336     public;]
337          [(f) the physical maturity of the minor;]
338          [(g) the current mental state of the minor as evidenced by relevant mental health or a
339     psychological assessment or screening that is made available to the court; and]
340          [(h) any other factors that the court considers relevant.]
341          [(5)] (b) A minor [ordered to a juvenile detention facility under Subsection (4)] shall
342     remain in the detention facility:
343          [(a)] (i) until released by the district court; or
344          [(b)] (ii) if convicted, until sentencing.
345          [(6)] (4) If a minor is held in a juvenile detention facility under Subsection [(4)] (3), the
346     court shall:
347          (a) advise the minor of the right to bail; and
348          (b) set initial bail in accordance with Title 77, Chapter 20, Bail.
349          [(7)] (5) If the minor [ordered to] held in a juvenile detention facility under Subsection
350     [(4)] (3) attains the age of [18 years] 21, the minor shall be transferred within 30 days to an
351     adult jail until:
352          (a) released by the district court judge; or
353          (b) if convicted, sentencing.
354          [(8)] (6) If a minor is [ordered to] held in a juvenile detention facility under Subsection
355     [(4)] (3) and the minor's conduct or condition endangers the safety or welfare of others in the
356     juvenile detention facility, the court may find that the minor shall be detained in another place
357     of confinement considered appropriate by the court, including a jail or an adult facility for
358     pretrial confinement.
359          [(9)] (7) If a minor is charged for aggravated murder or murder in the district court
360     under this section, and all charges for aggravated murder or murder result in an acquittal, a
361     finding of not guilty, or a dismissal:
362          (a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
363     and
364          (b) the Division of Juvenile Justice Services gains jurisdiction over the minor.
365          Section 4. Section 78A-6-703.5 is amended to read:
366          78A-6-703.5. Preliminary hearing.
367          (1) If a prosecuting attorney files a criminal information in accordance with Section
368     78A-6-703.3, the court shall conduct a preliminary hearing to determine whether a minor
369     should be bound over to the district court for a qualifying offense.
370          (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
371     the burden of establishing:
372          (a) probable cause to believe that a qualifying offense was committed and the minor
373     committed that offense; and
374          (b) by a preponderance of the evidence, that it is contrary to the best interests of the
375     minor and the public for the juvenile court to retain jurisdiction over the offense.
376          (3) In making a determination under Subsection (2)(b), the court shall consider and
377     make findings on:
378          (a) the seriousness of the qualifying offense and whether the protection of the
379     community requires that the minor is detained beyond the amount of time allowed under
380     Subsection 78A-6-117(2)(h), or beyond the age of continuing jurisdiction that the court may
381     exercise under Section 78A-6-703.4;
382          (b) the extent to which the minor's actions in the qualifying offense were committed in
383     an aggressive, violent, premeditated, or willful manner;
384          (c) the minor's mental, physical, educational, trauma, and social history;
385          (d) the criminal record or history of the minor; and
386          (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
387     are available to the court.
388          (4) The amount of weight that each factor in Subsection (3) is given is in the court's
389     discretion.
390          (5) (a) The court may consider any written report or other material that relates to the
391     minor's mental, physical, educational, trauma, and social history.
392          (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
393     the court shall require the person preparing the report, or other material, under Subsection
394     (5)(a) to appear and be subject to direct and cross-examination.
395          (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
396     call witnesses, cross-examine witnesses, and present evidence on the factors described in
397     Subsection (3).
398          (7) (a) A proceeding before the court related to a charge filed under this part shall be
399     conducted in conformity with the Utah Rules of Juvenile Procedure.
400          (b) Title 78B, Chapter 22, Indigent Defense Act, and Section 78A-6-115 are applicable
401     to the preliminary hearing under this section.
402          (8) If the court finds that the prosecuting attorney has met the burden of proof under
403     Subsection (2), the court shall bind the minor over to the district court to be held for trial.
404          (9) (a) If the court finds that a qualifying offense has been committed by a minor, but
405     the prosecuting attorney has not met the burden of proof under Subsection (2)(b), the court
406     shall:
407          (i) proceed upon the criminal information as if the information were a petition under
408     Section 78A-6-602.5;
409          (ii) release or detain the minor in accordance with Section 78A-6-113; and
410          (iii) proceed with an adjudication for the minor in accordance with this chapter.
411          (b) If the court finds that the prosecuting attorney has not met the burden under
412     Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file a
413     motion to extend the court's continuing jurisdiction over the minor's case until the minor is 25
414     years old in accordance with Section 78A-6-703.4.
415          (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
416     criminal information as the qualifying offense if the qualifying offense and separate offense
417     arise from a single criminal episode.
418          (b) If the prosecuting attorney charges a minor with a separate offense as described in
419     Subsection (10)(a):
420          (i) the prosecuting attorney shall have the burden of establishing probable cause to
421     believe that the separate offense was committed and the minor committed the separate offense;
422     and
423          (ii) if the prosecuting attorney establishes probable cause for the separate offense under
424     Subsection (10)(b)(i) and the court binds the minor over to the district court for the qualifying
425     offense, the court shall also bind the minor over for the separate offense to the district court.
426          (11) If a grand jury indicts a minor for a qualifying offense:
427          (a) the prosecuting attorney does not need to establish probable cause under Subsection
428     (2)(a) for the qualifying offense and any separate offense included in the indictment; and
429          (b) the court shall proceed with determining whether the minor should be bound over
430     to the district court for the qualifying offense and any separate offense included in the
431     indictment in accordance with Subsections (2)(b) and (3).
432          (12) If a minor is bound over to the district court, the court shall:
433          (a) issue a criminal warrant of arrest for the minor to be held in a juvenile detention
434     facility;
435          (b) advise the minor of the right to bail; and
436          (c) set initial bail in accordance with Title 77, Chapter 20, Bail.
437          [(13) (a) At the time that a minor is bound over to the district court, the court shall
438     make an initial determination on where the minor is held until the time of trial.]
439          [(b) In determining where a minor is held until the time of trial, the court shall
440     consider:]
441          [(i) the age of the minor;]
442          [(ii) the minor's history of prior criminal acts;]
443          [(iii) whether detention in a juvenile detention facility will adequately serve the need
444     for community protection pending the outcome of any criminal proceedings;]
445          [(iv) the relative ability of the facility to meet the needs of the minor and protect the
446     public;]
447          [(v) the physical maturity of the minor;]
448          [(vi) the current mental state of the minor as evidenced by relevant mental health or
449     psychological assessments or screenings that are made available to the court; and]
450          [(vii) any other factors that the court considers relevant.]
451          [(14) If the court orders a minor to be detained in a juvenile detention facility under
452     Subsection (13), the minor shall remain in the facility:]
453          (13) If the court orders the minor to be detained:
454          (a) the minor shall be held in a juvenile detention facility, except that a minor who is
455     subject to the authority of the Board of Pardons and Parole may not be held in a juvenile
456     detention facility; and
457          (b) the minor shall remain in the juvenile detention facility:
458          [(a)] (i) until released by a district court; or
459          [(b)] (ii) if convicted, until sentencing.
460          [(15)] (14) If the court orders the minor to be detained in a juvenile detention facility
461     under Subsection (13) and the minor attains the age of [18] 21 while detained at the facility, the
462     minor shall be transferred within 30 days to an adult jail to remain:
463          (a) until released by the district court; or
464          (b) if convicted, until sentencing.
465          [(16)] (15) Except as provided in Subsection [(17)] (16) and Section 78A-6-705, if a
466     minor is bound over to the district court under this section, the jurisdiction of the Division of
467     Juvenile Justice Services and the juvenile court over the minor is terminated for the qualifying
468     offense and any other separate offense for which the minor is bound over.
469          [(17)] (16) If a minor is bound over to the district court for a qualifying offense and the
470     qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:
471          (a) the juvenile court regains jurisdiction over any separate offense committed by the
472     minor; and
473          (b) the Division of Juvenile Justice Services regains jurisdiction over the minor.
474          Section 5. Section 78A-6-703.6 is amended to read:
475          78A-6-703.6. Criminal proceedings for a minor bound over to district court.
476          (1) If the juvenile court binds a minor over to the district court in accordance with
477     Section 78A-6-703.5, the prosecuting attorney shall try the minor as if the minor is an adult in
478     the district court except:
479          (a) the minor is not subject to a sentence of death in accordance with Subsection
480     76-3-206(2)(b); and
481          (b) the minor is not subject to a sentence of life without parole in accordance with
482     Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
483          (2) A minor who is bound over to the district court to answer as an adult is not entitled
484     to a preliminary hearing in the district court.
485          [(3) (a) If a minor is bound over to the district court by the juvenile court, the district
486     court may reconsider the juvenile court's decision under Subsection 78A-6-703.5(13) as to
487     where the minor is being held until trial.]
488          [(b) If the district court reconsiders the juvenile court's decision as to where the minor
489     is held, the district court shall consider and make findings on:]
490          [(i) the age of the minor;]
491          [(ii) the minor's history of prior criminal acts;]
492          [(iii) whether detention in a juvenile detention facility will adequately serve the need
493     for community protection pending the outcome of any criminal proceedings;]
494          [(iv) the relative ability of the facility to meet the needs of the minor and protect the
495     public;]
496          [(v) the physical maturity of the minor;]
497          [(vi) the current mental state of the minor as evidenced by relevant mental health or
498     psychological assessments or screenings that are made available to the court; and]
499          [(vii) any other factors the court considers relevant.]
500          [(4) A minor who is ordered to a juvenile detention facility under Subsection (3) shall
501     remain in the facility:]
502          [(a) until released by a district court; or]
503          [(b) if convicted, until sentencing.]
504          [(5) If the district court orders the minor to be detained in a juvenile detention facility
505     under Subsection (3) and the minor attains the age of 18 while detained at the facility, the
506     minor shall be transferred within 30 days to an adult jail to remain:]
507          [(a) until released by the district court; or]
508          [(b) if convicted, until sentencing.]
509          [(6)] (3) If a minor is bound over to the district court and detained in a juvenile
510     detention facility, the district court may order the minor be detained in another place of
511     confinement that is considered appropriate by the district court, including a jail or other place
512     of pretrial confinement for adults if the minor's conduct or condition endangers the safety and
513     welfare of others in the facility.
514          [(7)] (4) If the district court obtains jurisdiction over a minor under Section
515     78A-6-703.5, the district court is not divested of jurisdiction for a qualifying offense or a
516     separate offense listed in the criminal information when the minor is allowed to enter a plea to,
517     or is found guilty of, another offense in the same criminal information.
518          Section 6. Section 78A-6-705 is amended to read:
519          78A-6-705. Youth prison commitment.
520          [(1) (a) Before sentencing a minor, who was bound over to the district court under
521     Section 78A-6-703.5 to be tried as an adult, to prison the district court shall request a report
522     from the Division of Juvenile Justice Services regarding the potential risk to other minors if the
523     minor were to be committed to the custody of the Division of Juvenile Justice Services.]
524          [(b) The Division of Juvenile Justice Services shall submit the requested report to the
525     district court as part of the pre-sentence report or as a separate report.]
526          [(2) If, after receiving the report described in Subsection (1),] (1) When sentencing a
527     minor, if the district court determines that probation is not appropriate and commitment to
528     prison is an appropriate sentence, the district court shall order the minor committed to prison
529     and the minor shall be provisionally housed in a secure facility operated by the Division of
530     Juvenile Justice Services until the minor reaches [18] 21 years old, unless released earlier from
531     incarceration by the Board of Pardons and Parole.
532          [(3) The district court may order the minor committed directly to the custody of the
533     Department of Corrections if the court finds that:]
534          [(a) the minor would present an unreasonable risk to others while in the custody of the
535     Division of Juvenile Justice Services;]
536          [(b) the minor has previously been committed to a prison for adult offenders; or]
537          [(c) housing the minor in a secure facility operated by the Division of Juvenile Justice
538     Services would be contrary to the interests of justice.]
539          [(4)] (2) (a) The Division of Juvenile Justice Services shall adopt procedures by rule, in
540     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the
541     transfer of a minor provisionally housed in a division facility under Subsection [(2)] (1) to the
542     physical custody of the Department of Corrections.
543          (b) If, in accordance with the rules adopted under Subsection [(4)] (2)(a), the Division
544     of Juvenile Justice Services determines that housing the minor in a division facility presents an
545     unreasonable risk to others or that it is not in the best interest of the minor, the Division of
546     Juvenile Justice Services shall transfer the physical custody of the minor to the Department of
547     Corrections.
548          [(5)] (3) (a) When a minor is committed to prison but [ordered by a district court to be]
549     provisionally housed in a Division of Juvenile Justice Services facility under this section, the
550     district court and the Division of Juvenile Justice Services shall immediately notify the Board
551     of Pardons and Parole so that the minor may be scheduled for a hearing according to board
552     procedures.
553          (b) If a minor who is provisionally housed in a Division of Juvenile Justice Services
554     facility under this section has not been paroled or otherwise released from incarceration by the
555     time the minor reaches [18] 21 years old, the Division of Juvenile Justice Services shall as soon
556     as reasonably possible, but not later than when the minor reaches [18] 21 years and 6 months
557     old, transfer the minor to the physical custody of the Department of Corrections.
558          [(6)] (4) Upon the commitment of a minor to the custody of the Division of Juvenile
559     Justice Services or the Department of Corrections under this section, the Board of Pardons and
560     Parole has authority over the minor for purposes of parole, pardon, commutation, termination
561     of sentence, remission of fines or forfeitures, orders of restitution, and all other purposes
562     authorized by law.
563          [(7)] (5) The Youth Parole Authority [may] shall:
564          (a) hold hearings, receive reports, or otherwise keep informed of the progress of a
565     minor in the custody of the Division of Juvenile Justice Services under this section [and may];
566     and
567          (b) forward to the Board of Pardons and Parole any information or recommendations
568     concerning the minor.
569          [(8)] (6) Commitment of a minor under this section is a prison commitment for all
570     sentencing purposes.
571          Section 7. Coordinating H.B. 410 with H.B. 285 -- Substantive and technical
572     amendments.
573          If this H.B. 410 and H.B. 285, Juvenile Recodification, both pass and become law, the
574     Legislature intends that, on September 1, 2021, the Office of Legislative Research and General
575     Counsel prepare the Utah Code database for publication by:
576          (1) not making the changes in H.B. 285 in:
577          (a) Subsection 80-6-502(4)(d) and (h);
578          (b) Subsections 80-6-504(13) and (14);
579          (c) Subsections 80-6-505(3) and (5); and
580          (d) Subsections 80-6-507(1) and (3);
581          (2) changing the cross-reference in Subsections 77-41-102(9)(f)(ii) and (17)(f)(ii) from
582     Section 78A-6-703.4 to Section 80-6-605; and
583          (3) omitting the word "juvenile" in Subsections 78A-6-703.5(12)(a) and (13) in this
584     H.B. 410.