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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides that certain offenses are not subject to the presumptive time periods for
14 termination and parole supervision for juvenile offenders;
15 ▸ amends definitions related to minors who are adjudicated for certain kidnap or
16 sexual offenses;
17 ▸ requires that a minor who is under the jurisdiction of the district court for an offense
18 be held in a juvenile detention facility;
19 ▸ requires a minor who is committed to prison by the district court be provisionally
20 housed with the Division of Juvenile Justice Services until the minor is 21 years
21 old; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides a special effective date.
27 This bill provides revisor instructions.
28 Utah Code Sections Affected:
29 AMENDS:
30 62A-7-404.5 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
31 77-41-102, as last amended by Laws of Utah 2020, Chapter 108
32 78A-6-105 (Superseded 09/01/21), as last amended by Laws of Utah 2021, Chapter
33 231
34 78A-6-703.1 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
35 78A-6-703.2 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
36 78A-6-703.5 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
37 78A-6-703.6 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
38 78A-6-705 (Superseded 09/01/21), as last amended by Laws of Utah 2020, Chapter
39 214
40 80-1-102 (Effective 09/01/21), as last amended by Laws of Utah 2021, Chapter 231 and
41 renumbered and amended by Laws of Utah 2021, Chapter 261
42 80-6-501 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
43 Chapter 261
44 80-6-502 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
45 Chapter 261
46 80-6-504 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
47 Chapter 261
48 80-6-505 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
49 Chapter 261
50 80-6-507 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
51 Chapter 261
52 80-6-804 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
53 Chapter 261
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 62A-7-404.5 (Superseded 09/01/21) is amended to read:
57 62A-7-404.5 (Superseded 09/01/21). Review and termination of commitment.
58 (1) If a juvenile offender has been committed to a secure facility, the juvenile offender
59 shall appear before the authority within 45 days after the day on which the juvenile offender is
60 committed to a secure facility for review of a treatment plan and to establish parole release
61 guidelines.
62 (2) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
63 presumptive term of commitment for the juvenile offender that does not exceed three to six
64 months.
65 (b) The authority shall release the juvenile offender on parole at the end of the
66 presumptive term of commitment unless at least one the following circumstances exists:
67 (i) termination would interrupt the completion of a necessary treatment program; or
68 (ii) the juvenile offender commits a new misdemeanor or felony offense.
69 (c) The authority shall determine whether a juvenile offender has completed a program
70 under Subsection (2)(b)(i) by considering the recommendations of the licensed service
71 provider, the juvenile offender's consistent attendance record, and the juvenile offender's
72 completion of the goals of the necessary treatment program.
73 (d) The authority may extend the length of commitment and delay parole release for the
74 time needed to address the specific circumstance if one of the circumstances under Subsection
75 (2)(b) exists.
76 (e) The authority shall:
77 (i) record the length of the extension and the grounds for the extension; and
78 (ii) report annually the length and grounds of extension to the commission.
79 (3) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
80 presumptive term of parole supervision that does not exceed three to four months.
81 (b) If the authority determines that a juvenile offender is unable to return home
82 immediately upon release, the juvenile offender may serve the term of parole in the home of a
83 qualifying relative or guardian or at an independent living program contracted or operated by
84 the division.
85 (c) The authority shall release a juvenile offender from parole and terminate
86 jurisdiction at the end of the presumptive term of parole, unless at least one the following
87 circumstances exists:
88 (i) termination would interrupt the completion of a necessary treatment program;
89 (ii) the juvenile offender commits a new misdemeanor or felony offense; or
90 (iii) restitution has not been completed.
91 (d) The authority shall determine whether a juvenile offender has completed a program
92 under Subsection (2)(c) by considering the recommendations of the licensed service provider,
93 the juvenile offender's consistent attendance record, and the juvenile offender's completion of
94 the goals of the necessary treatment program.
95 (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
96 parole release only for the time needed to address the specific circumstance.
97 (f) The authority shall:
98 (i) record the grounds for extension of the presumptive length of parole and the length
99 of the extension; and
100 (ii) report annually the extension and the length of the extension to the commission.
101 (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
102 shall toll until the juvenile offender returns.
103 (4) Subsections (2) and (3) do not apply to a juvenile offender committed to a secure
104 facility for [
105 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
106 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
107 (c) Section 76-5-203, murder or attempted murder;
108 (d) Section 76-5-205, manslaughter;
109 (e) Section 76-5-206, negligent homicide;
110 (f) Section 76-5-207, automobile homicide;
111 (g) Section 76-5-207.5, automobile homicide involving a handheld wireless
112 communication device;
113 (h) Section 76-5-208, child abuse homicide;
114 (i) Section 76-5-209, homicide by assault;
115 [
116 [
117 [
118 [
119 [
120 [
121 [
122
123 [
124 [
125
126
127 (p) (i) an offense other than an offense listed in Subsections (4)(a) through (o)
128 involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
129 (ii) the juvenile offender has been previously adjudicated or convicted of an offense
130 involving the use of a dangerous weapon, as defined in Section 76-1-601; or
131 [
132 and the [
133 of Juvenile Justice Services for secure confinement.
134 (5) (a) The division may continue to have responsibility over a juvenile offender, who
135 is discharged under this section from parole, to participate in a specific educational or
136 rehabilitative program:
137 (i) until the juvenile offender is:
138 (A) if the juvenile offender is a youth offender, 21 years old; or
139 (B) if the juvenile offender is a serious youth offender, 25 years old; and
140 (ii) under an agreement by the division and the juvenile offender that the program has
141 certain conditions.
142 (b) The division and the juvenile offender may terminate participation in a program
143 under Subsection (5)(a) at any time.
144 (c) The division shall offer an educational or rehabilitative program before a juvenile
145 offender's discharge date in accordance with this section.
146 (d) A juvenile offender may request the services described in this Subsection (5), even
147 if the offender has been previously declined services or services were terminated for
148 noncompliance.
149 (e) Notwithstanding Subsection (5)(c), the division:
150 (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
151 services described in this Subsection (5) for up to 365 days after the juvenile offender's
152 effective date of discharge, even if the juvenile offender has previously declined services or
153 services were terminated for noncompliance; and
154 (ii) may reach an agreement with the juvenile offender to provide the services
155 described in this Subsection (5) until the juvenile offender is:
156 (A) if the juvenile offender is a youth offender, 21 years old; or
157 (B) if the juvenile offender is a serious youth offender, 25 years old.
158 (f) The division and the juvenile offender may terminate an agreement for services
159 under this Subsection (5) at any time.
160 Section 2. Section 77-41-102 is amended to read:
161 77-41-102. Definitions.
162 As used in this chapter:
163 (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
164 Safety established in section 53-10-201.
165 (2) "Business day" means a day on which state offices are open for regular business.
166 (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
167 Identification showing that the offender has met the requirements of Section 77-41-112.
168 (4) "Department" means the Department of Corrections.
169 (5) "Division" means the Division of Juvenile Justice Services.
170 (6) "Employed" or "carries on a vocation" includes employment that is full time or part
171 time, whether financially compensated, volunteered, or for the purpose of government or
172 educational benefit.
173 (7) "Indian Country" means:
174 (a) all land within the limits of any Indian reservation under the jurisdiction of the
175 United States government, regardless of the issuance of any patent, and includes rights-of-way
176 running through the reservation;
177 (b) all dependent Indian communities within the borders of the United States whether
178 within the original or subsequently acquired territory, and whether or not within the limits of a
179 state; and
180 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
181 not been extinguished, including rights-of-way running through the allotments.
182 (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
183 property under the jurisdiction of the United States military, Canada, the United Kingdom,
184 Australia, or New Zealand.
185 (9) "Kidnap offender" means any individual, other than a natural parent of the victim
186 [
187 (a) who has been convicted in this state of a violation of:
188 (i) Subsection 76-5-301(1)(c) or (d), kidnapping;
189 (ii) Section 76-5-301.1, child kidnapping;
190 (iii) Section 76-5-302, aggravated kidnapping;
191 (iv) Section 76-5-308, human trafficking for labor and human smuggling;
192 (v) Section 76-5-308, human smuggling, when the individual smuggled is under 18
193 years [
194 (vi) Section 76-5-308.5, human trafficking of a child for labor;
195 (vii) Section 76-5-310, aggravated human trafficking and aggravated human
196 smuggling, on or after May 10, 2011;
197 (viii) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
198 (ix) attempting, soliciting, or conspiring to commit any felony offense listed in
199 Subsections (9)(a)(i) through (iii);
200 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
201 to commit a crime in another jurisdiction, including any state, federal, or military court that is
202 substantially equivalent to the offenses listed in Subsection (9)(a); and
203 (ii) who is:
204 [
205 [
206 total of 10 or more days, regardless of whether or not the offender intends to permanently
207 reside in this state;
208 (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
209 original conviction[
210 (B) who is required to register as a kidnap offender by any state, federal, or military
211 court[
212 (C) who would be required to register as a kidnap offender if residing in the
213 jurisdiction of the conviction regardless of the date of the conviction or any previous
214 registration requirements; and
215 (ii) in any 12-month period, who is in this state for a total of 10 or more days,
216 regardless of whether or not the offender intends to permanently reside in this state;
217 (d) (i) (A) who is a nonresident regularly employed or working in this state[
218 (B) who is a student in this state[
219 (ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
220 substantially equivalent offense in another jurisdiction[
221 (B) as a result of the conviction, who is required to register in the individual's state of
222 residence;
223 (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
224 of one or more offenses listed in Subsection (9); or
225 (f) (i) who is adjudicated [
226 more offenses listed in Subsection (9)(a); and
227 (ii) who has been committed to the division for secure confinement for that offense
228 and:
229 (A) the individual remains in the division's custody [
230 before the individual's 21st birthday; or
231 (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
232 under Section 78A-6-703.4, the individual remains in the division's custody until 30 days
233 before the individual's 25th birthday.
234 (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
235 minor's noncustodial parent.
236 (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
237 as defined in Subsection (17).
238 (12) "Online identifier" or "Internet identifier":
239 (a) means any electronic mail, chat, instant messenger, social networking, or similar
240 name used for Internet communication; and
241 (b) does not include date of birth, social security number, PIN number, or Internet
242 passwords.
243 (13) "Primary residence" means the location where the offender regularly resides, even
244 if the offender intends to move to another location or return to another location at any future
245 date.
246 (14) "Register" means to comply with the requirements of this chapter and
247 administrative rules of the department made under this chapter.
248 (15) "Registration website" means the Sex and Kidnap Offender Notification and
249 Registration website described in Section 77-41-110 and the information on the website.
250 (16) "Secondary residence" means any real property that the offender owns or has a
251 financial interest in, or any location where, in any 12-month period, the offender stays
252 overnight a total of 10 or more nights when not staying at the offender's primary residence.
253 (17) "Sex offender" means any individual:
254 (a) convicted in this state of:
255 (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
256 (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult, on or after May 10,
257 2011;
258 (iii) Section 76-5-308, human trafficking for sexual exploitation;
259 (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
260 (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
261 (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
262 (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
263 Subsection 76-5-401(3)(b) or (c);
264 (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
265 76-5-401.1(3);
266 (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
267 (x) Section 76-5-402, rape;
268 (xi) Section 76-5-402.1, rape of a child;
269 (xii) Section 76-5-402.2, object rape;
270 (xiii) Section 76-5-402.3, object rape of a child;
271 (xiv) a felony violation of Section 76-5-403, forcible sodomy;
272 (xv) Section 76-5-403.1, sodomy on a child;
273 (xvi) Section 76-5-404, forcible sexual abuse;
274 (xvii) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a
275 child;
276 (xviii) Section 76-5-405, aggravated sexual assault;
277 (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
278 younger than 18 years [
279 (xx) Section 76-5b-201, sexual exploitation of a minor;
280 (xxi) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
281 (xxii) Section 76-7-102, incest;
282 (xxiii) Section 76-9-702, lewdness, if the individual has been convicted of the offense
283 four or more times;
284 (xxiv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the
285 offense four or more times;
286 (xxv) any combination of convictions of Section 76-9-702, lewdness, and of Section
287 76-9-702.1, sexual battery, that total four or more convictions;
288 (xxvi) Section 76-9-702.5, lewdness involving a child;
289 (xxvii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
290 (xxviii) Section 76-10-1306, aggravated exploitation of prostitution; or
291 (xxix) attempting, soliciting, or conspiring to commit any felony offense listed in this
292 Subsection (17)(a);
293 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
294 to commit a crime in another jurisdiction, including any state, federal, or military court that is
295 substantially equivalent to the offenses listed in Subsection (17)(a); and
296 (ii) who is:
297 [
298 [
299 total of 10 or more days, regardless of whether the offender intends to permanently reside in
300 this state;
301 (c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
302 original conviction[
303 (B) who is required to register as a sex offender by any state, federal, or military
304 court[
305 (C) who would be required to register as a sex offender if residing in the jurisdiction of
306 the original conviction regardless of the date of the conviction or any previous registration
307 requirements; and
308 (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
309 regardless of whether or not the offender intends to permanently reside in this state;
310 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
311 (B) who is a student in this state; and
312 (ii) (A) who was convicted of one or more offenses listed in Subsection (17)(a), or any
313 substantially equivalent offense in any jurisdiction[
314 (B) who is, as a result of the conviction, [
315 jurisdiction of residence;
316 (e) who is found not guilty by reason of insanity in this state, or in any other
317 jurisdiction of one or more offenses listed in Subsection (17)(a); or
318 (f) (i) who is adjudicated [
319 more offenses listed in Subsection (17)(a); and
320 (ii) who has been committed to the division for secure confinement for that offense
321 and:
322 (A) the individual remains in the division's custody [
323 before the individual's 21st birthday; or
324 (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
325 under Section 78A-6-703.4, the individual remains in the division's custody until 30 days
326 before the individual's 25th birthday.
327 (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
328 Driving Under the Influence and Reckless Driving.
329 (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
330 any jurisdiction.
331 Section 3. Section 78A-6-105 (Superseded 09/01/21) is amended to read:
332 78A-6-105 (Superseded 09/01/21). Definitions.
333 As used in this chapter:
334 (1) (a) "Abuse" means:
335 (i) (A) nonaccidental harm of a child;
336 (B) threatened harm of a child;
337 (C) sexual exploitation;
338 (D) sexual abuse; or
339 (E) human trafficking of a child in violation of Section 76-5-308.5; or
340 (ii) that a child's natural parent:
341 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
342 child;
343 (B) is identified by a law enforcement agency as the primary suspect in an investigation
344 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
345 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
346 recklessly causing the death of another parent of the child.
347 (b) "Abuse" does not include:
348 (i) reasonable discipline or management of a child, including withholding privileges;
349 (ii) conduct described in Section 76-2-401; or
350 (iii) the use of reasonable and necessary physical restraint or force on a child:
351 (A) in self-defense;
352 (B) in defense of others;
353 (C) to protect the child; or
354 (D) to remove a weapon in the possession of a child for any of the reasons described in
355 Subsections (1)(b)(iii)(A) through (C).
356 (2) "Abused child" means a child who has been subjected to abuse.
357 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
358 facts alleged in the petition have been proved.
359 (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
360 with Section 78A-6-1302.
361 (4) (a) "Adult" means an individual who is 18 years old or older.
362 (b) "Adult" does not include an individual:
363 (i) who is 18 years old or older; and
364 (ii) whose case is under the continuing jurisdiction of the juvenile court in accordance
365 with Section 78A-6-120.
366 (5) "Board" means the Board of Juvenile Court Judges.
367 (6) "Child" means an individual who is under 18 years old.
368 (7) "Child placement agency" means:
369 (a) a private agency licensed to receive a child for placement or adoption under this
370 code; or
371 (b) a private agency that receives a child for placement or adoption in another state,
372 which agency is licensed or approved where such license or approval is required by law.
373 (8) "Clandestine laboratory operation" means the same as that term is defined in
374 Section 58-37d-3.
375 (9) "Commit" means, unless specified otherwise:
376 (a) with respect to a child, to transfer legal custody; and
377 (b) with respect to a minor who is at least 18 years old, to transfer custody.
378 (10) "Court" means the juvenile court.
379 (11) "Criminogenic risk factors" means evidence-based factors that are associated with
380 a minor's likelihood of reoffending.
381 (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
382 committed by an adult.
383 (13) "Department" means the Department of Human Services created in Section
384 62A-1-102.
385 (14) "Dependent child" includes a child who is homeless or without proper care
386 through no fault of the child's parent, guardian, or custodian.
387 (15) "Deprivation of custody" means transfer of legal custody by the court from a
388 parent or the parents or a previous legal custodian to another person, agency, or institution.
389 (16) "Detention" means home detention and secure detention as defined in Section
390 62A-7-101 for the temporary care of a minor who requires secure custody in a physically
391 restricting facility:
392 (a) pending court disposition or transfer to another jurisdiction; or
393 (b) while the minor's case is under the continuing jurisdiction of the court.
394 (17) "Detention risk assessment tool" means an evidence-based tool established under
395 Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
396 court or reoffending pre-adjudication and designed to assist in making detention
397 determinations.
398 (18) "Developmental immaturity" means incomplete development in one or more
399 domains which manifests as a functional limitation in the minor's present ability to consult with
400 counsel with a reasonable degree of rational understanding and have a rational as well as
401 factual understanding of the proceedings.
402 (19) "Division" means the Division of Child and Family Services.
403 (20) "Educational neglect" means that, after receiving a notice of compulsory education
404 violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
405 ensure that the child receives an appropriate education.
406 (21) "Educational series" means an evidence-based instructional series:
407 (a) obtained at a substance abuse program that is approved by the Division of
408 Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
409 (b) designed to prevent substance use or the onset of a mental health disorder.
410 (22) "Evidence-based" means a program or practice that has had multiple randomized
411 control studies or a meta-analysis demonstrating that the program or practice is effective for a
412 specific population or has been rated as effective by a standardized program evaluation tool.
413 (23) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
414 (24) "Formal probation" means a minor is under field supervision by the probation
415 department or other agency designated by the court and subject to return to the court in
416 accordance with Section 78A-6-123 on and after July 1, 2018.
417 (25) "Formal referral" means a written report from a peace officer or other person
418 informing the court that a minor is, or appears to be, within the court's jurisdiction and that the
419 minor's case must be reviewed by the court's probation department or a prosecuting attorney.
420 (26) "Group rehabilitation therapy" means psychological and social counseling of one
421 or more individuals in the group, depending upon the recommendation of the therapist.
422 (27) "Guardianship of the person" includes the authority to consent to:
423 (a) marriage;
424 (b) enlistment in the armed forces;
425 (c) major medical, surgical, or psychiatric treatment; or
426 (d) legal custody, if legal custody is not vested in another individual, agency, or
427 institution.
428 (28) "Habitual truant" means the same as that term is defined in Section 53G-6-201.
429 (29) "Harm" means:
430 (a) physical or developmental injury or damage;
431 (b) emotional damage that results in a serious impairment in the child's growth,
432 development, behavior, or psychological functioning;
433 (c) sexual abuse; or
434 (d) sexual exploitation.
435 (30) (a) "Incest" means engaging in sexual intercourse with an individual whom the
436 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
437 nephew, niece, or first cousin.
438 (b) The relationships described in Subsection (30)(a) include:
439 (i) blood relationships of the whole or half blood, without regard to legitimacy;
440 (ii) relationships of parent and child by adoption; and
441 (iii) relationships of stepparent and stepchild while the marriage creating the
442 relationship of a stepparent and stepchild exists.
443 (31) "Intake probation" means a period of court monitoring that does not include field
444 supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
445 return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.
446 (32) "Intellectual disability" means a significant subaverage general intellectual
447 functioning existing concurrently with deficits in adaptive behavior that constitutes a
448 substantial limitation to the individual's ability to function in society.
449 (33) "Legal custody" means a relationship embodying the following rights and duties:
450 (a) the right to physical custody of the minor;
451 (b) the right and duty to protect, train, and discipline the minor;
452 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
453 medical care;
454 (d) the right to determine where and with whom the minor shall live; and
455 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
456 (34) "Material loss" means an uninsured:
457 (a) property loss;
458 (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
459 (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
460 police or prosecution; or
461 (d) medical expense.
462 (35) "Mental illness" means:
463 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
464 behavioral, or related functioning; or
465 (b) the same as that term is defined in:
466 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
467 published by the American Psychiatric Association; or
468 (ii) the current edition of the International Statistical Classification of Diseases and
469 Related Health Problems.
470 (36) "Minor" means, except as provided in Section 78A-6-703.1:
471 (a) for the purpose of juvenile delinquency:
472 (i) a child; or
473 (ii) an individual:
474 (A) who is at least 18 years old and younger than 25 years old; and
475 (B) whose case is under the jurisdiction of the juvenile court; and
476 (b) for all other purposes in this chapter:
477 (i) a child; or
478 (ii) an individual:
479 (A) who is at least 18 years old and younger than 21 years old; and
480 (B) whose case is under the jurisdiction of the juvenile court.
481 (37) "Mobile crisis outreach team" means a crisis intervention service for a minor or
482 the family of a minor experiencing a behavioral health or psychiatric emergency.
483 (38) "Molestation" means that an individual, with the intent to arouse or gratify the
484 sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
485 or the breast of a female child, or takes indecent liberties with a child as defined in Section
486 76-5-416.
487 (39) (a) "Natural parent" means a minor's biological or adoptive parent.
488 (b) "Natural parent" includes the minor's noncustodial parent.
489 (40) (a) "Neglect" means action or inaction causing:
490 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
491 Relinquishment of a Newborn Child;
492 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
493 guardian, or custodian;
494 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
495 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
496 well-being;
497 (iv) a child to be at risk of being neglected or abused because another child in the same
498 home is neglected or abused;
499 (v) abandonment of a child through an unregulated custody transfer; or
500 (vi) educational neglect.
501 (b) "Neglect" does not include:
502 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
503 reason, does not provide specified medical treatment for a child;
504 (ii) a health care decision made for a child by the child's parent or guardian, unless the
505 state or other party to a proceeding shows, by clear and convincing evidence, that the health
506 care decision is not reasonable and informed;
507 (iii) a parent or guardian exercising the right described in Section 78A-6-301.5; or
508 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
509 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
510 including:
511 (A) traveling to and from school, including by walking, running, or bicycling;
512 (B) traveling to and from nearby commercial or recreational facilities;
513 (C) engaging in outdoor play;
514 (D) remaining in a vehicle unattended, except under the conditions described in
515 Subsection 76-10-2202(2);
516 (E) remaining at home unattended; or
517 (F) engaging in a similar independent activity.
518 (41) "Neglected child" means a child who has been subjected to neglect.
519 (42) "Nonjudicial adjustment" means closure of the case by the assigned probation
520 officer without judicial determination upon the consent in writing of:
521 (a) the assigned probation officer; and
522 (b) (i) the minor; or
523 (ii) the minor and the minor's parent, legal guardian, or custodian.
524 (43) "Not competent to proceed" means that a minor, due to a mental illness,
525 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
526 (a) understand the nature of the proceedings against the minor or of the potential
527 disposition for the offense charged; or
528 (b) consult with counsel and participate in the proceedings against the minor with a
529 reasonable degree of rational understanding.
530 (44) "Physical abuse" means abuse that results in physical injury or damage to a child.
531 (45) "Probation" means a legal status created by court order following an adjudication
532 on the ground of a violation of law or under Section 78A-6-103, whereby the minor is
533 permitted to remain in the minor's home under prescribed conditions.
534 (46) "Prosecuting attorney" means:
535 (a) the attorney general and any assistant attorney general;
536 (b) any district attorney or deputy district attorney;
537 (c) any county attorney or assistant county attorney; and
538 (d) any other attorney authorized to commence an action on behalf of the state.
539 (47) "Protective supervision" means a legal status created by court order following an
540 adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to
541 remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or
542 dependency is provided by the probation department or other agency designated by the court.
543 (48) (a) "Related condition" means a condition that:
544 (i) is found to be closely related to intellectual disability;
545 (ii) results in impairment of general intellectual functioning or adaptive behavior
546 similar to that of an intellectually disabled individual;
547 (iii) is likely to continue indefinitely; and
548 (iv) constitutes a substantial limitation to the individual's ability to function in society.
549 (b) "Related condition" does not include mental illness, psychiatric impairment, or
550 serious emotional or behavioral disturbance.
551 (49) (a) "Residual parental rights and duties" means those rights and duties remaining
552 with the parent after legal custody or guardianship, or both, have been vested in another person
553 or agency, including:
554 (i) the responsibility for support;
555 (ii) the right to consent to adoption;
556 (iii) the right to determine the child's religious affiliation; and
557 (iv) the right to reasonable parent-time unless restricted by the court.
558 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
559 right to consent to:
560 (i) marriage;
561 (ii) enlistment; and
562 (iii) major medical, surgical, or psychiatric treatment.
563 (50) "Secure facility" means any facility operated by or under contract with the
564 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
565 youth offenders committed to the division for custody and rehabilitation in accordance with
566 Subsection 78A-6-117(2)(d).
567 (51) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
568 child.
569 (52) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
570 child.
571 (53) "Sexual abuse" means:
572 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
573 adult directed towards a child;
574 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
575 committed by a child towards another child if:
576 (i) there is an indication of force or coercion;
577 (ii) the children are related, as described in Subsection (30), including siblings by
578 marriage while the marriage exists or by adoption;
579 (iii) there have been repeated incidents of sexual contact between the two children,
580 unless the children are 14 years old or older; or
581 (iv) there is a disparity in chronological age of four or more years between the two
582 children;
583 (c) engaging in any conduct with a child that would constitute an offense under any of
584 the following, regardless of whether the individual who engages in the conduct is actually
585 charged with, or convicted of, the offense:
586 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
587 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
588 (ii) child bigamy, Section 76-7-101.5;
589 (iii) incest, Section 76-7-102;
590 (iv) lewdness, Section 76-9-702;
591 (v) sexual battery, Section 76-9-702.1;
592 (vi) lewdness involving a child, Section 76-9-702.5; or
593 (vii) voyeurism, Section 76-9-702.7; or
594 (d) subjecting a child to participate in or threatening to subject a child to participate in
595 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
596 marriage.
597 (54) "Sexual exploitation" means knowingly:
598 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
599 (i) pose in the nude for the purpose of sexual arousal of any individual; or
600 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
601 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
602 (b) displaying, distributing, possessing for the purpose of distribution, or selling
603 material depicting a child:
604 (i) in the nude, for the purpose of sexual arousal of any individual; or
605 (ii) engaging in sexual or simulated sexual conduct; or
606 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
607 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
608 is actually charged with, or convicted of, the offense.
609 (55) "Shelter" means the temporary care of a child in a physically unrestricted facility
610 pending court disposition or transfer to another jurisdiction.
611 (56) "Single criminal episode" means the same as that term is defined in Section
612 76-1-401.
613 (57) "Status offense" means a violation of the law that would not be a violation but for
614 the age of the offender.
615 (58) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
616 substances.
617 (59) "Substantiated" means the same as that term is defined in Section 62A-4a-101.
618 (60) "Supported" means the same as that term is defined in Section 62A-4a-101.
619 (61) "Termination of parental rights" means the permanent elimination of all parental
620 rights and duties, including residual parental rights and duties, by court order.
621 (62) "Therapist" means:
622 (a) an individual employed by a state division or agency for the purpose of conducting
623 psychological treatment and counseling of a minor in its custody; or
624 (b) any other individual licensed or approved by the state for the purpose of conducting
625 psychological treatment and counseling.
626 (63) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
627 that the child is at an unreasonable risk of harm or neglect.
628 (64) "Unregulated custody transfer" means the placement of a child:
629 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
630 sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
631 whom the child is familiar, or a member of the child's federally recognized tribe;
632 (b) with the intent of severing the child's existing parent-child or guardian-child
633 relationship; and
634 (c) without taking:
635 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
636 and
637 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
638 guardianship to the individual taking custody of the child.
639 (65) "Unsupported" means the same as that term is defined in Section 62A-4a-101.
640 (66) "Unsubstantiated" means the same as that term is defined in Section 62A-4a-101.
641 (67) "Validated risk and needs assessment" means an evidence-based tool that assesses
642 a minor's risk of reoffending and a minor's criminogenic needs.
643 (68) (a) "Victim" means a person that the court determines has suffered a material loss
644 as a result of a minor's wrongful act or conduct.
645 (b) "Victim" includes the Utah Office for Victims of Crime.
646 (69) "Without merit" means the same as that term is defined in Section 62A-4a-101.
647 Section 4. Section 78A-6-703.1 (Superseded 09/01/21) is amended to read:
648 78A-6-703.1 (Superseded 09/01/21). Definitions.
649 As used in this part:
650 (1) "Minor" means:
651 (a) an individual:
652 (i) who is at least 18 years old and younger than 25 years old; and
653 (ii) whose case is under the continuing jurisdiction of the juvenile court; or
654 (b) an individual:
655 (i) who is younger than 21 years old;
656 (ii) who is charged with, or convicted of, an offense under Section 78A-6-703.2 or
657 78A-6-703.3; and
658 (iii) whose case is under the jurisdiction of the district court.
659 [
660 78A-6-703.3(1) or (2)(b).
661 [
662 Section 5. Section 78A-6-703.2 (Superseded 09/01/21) is amended to read:
663 78A-6-703.2 (Superseded 09/01/21). Criminal information for a minor in district
664 court.
665 (1) If a prosecuting attorney charges a minor with aggravated murder under Section
666 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
667 information in the district court if the minor was the principal actor in an offense and the
668 criminal information alleges:
669 (a) the minor was 16 or 17 years old at the time of the offense; and
670 (b) the offense for which the minor is being charged is:
671 (i) Section 76-5-202, aggravated murder; or
672 (ii) Section 76-5-203, murder.
673 (2) If the prosecuting attorney files a criminal information in the district court in
674 accordance with Subsection (1), the district court shall try the minor as an adult, except:
675 (a) the minor is not subject to a sentence of death in accordance with Subsection
676 76-3-206(2)(b); and
677 (b) the minor is not subject to a sentence of life without parole in accordance with
678 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
679 (3) (a) Except for a minor who is subject to the authority of the Board of Pardons and
680 Parole, a minor shall be held in a juvenile detention facility [
681
682 [
683 [
684 [
685
686 [
687 [
688 [
689 [
690
691 [
692
693 [
694 [
695
696 [
697 [
698 a juvenile detention facility under Subsection (3)(a) shall remain in the juvenile detention
699 facility:
700 [
701 [
702 [
703 the court shall:
704 (a) advise the minor of the right to bail; and
705 (b) set initial bail in accordance with Title 77, Chapter 20, Bail.
706 [
707 Subsection [
708 30 days to an adult jail until:
709 (a) released by the district court judge; or
710 (b) if convicted, sentencing.
711 [
712 [
713 juvenile detention facility, the court may find that the minor shall be detained in another place
714 of confinement considered appropriate by the court, including a jail or an adult facility for
715 pretrial confinement.
716 [
717 under this section, and all charges for aggravated murder or murder result in an acquittal, a
718 finding of not guilty, or a dismissal:
719 (a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
720 and
721 (b) the Division of Juvenile Justice Services gains jurisdiction over the minor.
722 Section 6. Section 78A-6-703.5 (Superseded 09/01/21) is amended to read:
723 78A-6-703.5 (Superseded 09/01/21). Preliminary hearing.
724 (1) If a prosecuting attorney files a criminal information in accordance with Section
725 78A-6-703.3, the court shall conduct a preliminary hearing to determine whether a minor
726 should be bound over to the district court for a qualifying offense.
727 (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
728 the burden of establishing:
729 (a) probable cause to believe that a qualifying offense was committed and the minor
730 committed that offense; and
731 (b) by a preponderance of the evidence, that it is contrary to the best interests of the
732 minor and the public for the juvenile court to retain jurisdiction over the offense.
733 (3) In making a determination under Subsection (2)(b), the court shall consider and
734 make findings on:
735 (a) the seriousness of the qualifying offense and whether the protection of the
736 community requires that the minor is detained beyond the amount of time allowed under
737 Subsection 78A-6-117(2)(h), or beyond the age of continuing jurisdiction that the court may
738 exercise under Section 78A-6-703.4;
739 (b) the extent to which the minor's actions in the qualifying offense were committed in
740 an aggressive, violent, premeditated, or willful manner;
741 (c) the minor's mental, physical, educational, trauma, and social history;
742 (d) the criminal record or history of the minor; and
743 (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
744 are available to the court.
745 (4) The amount of weight that each factor in Subsection (3) is given is in the court's
746 discretion.
747 (5) (a) The court may consider any written report or other material that relates to the
748 minor's mental, physical, educational, trauma, and social history.
749 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
750 the court shall require the person preparing the report, or other material, under Subsection
751 (5)(a) to appear and be subject to direct and cross-examination.
752 (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
753 call witnesses, cross-examine witnesses, and present evidence on the factors described in
754 Subsection (3).
755 (7) (a) A proceeding before the court related to a charge filed under this part shall be
756 conducted in conformity with the Utah Rules of Juvenile Procedure.
757 (b) Title 78B, Chapter 22, Indigent Defense Act, and Section 78A-6-115 are applicable
758 to the preliminary hearing under this section.
759 (8) If the court finds that the prosecuting attorney has met the burden of proof under
760 Subsection (2), the court shall bind the minor over to the district court to be held for trial.
761 (9) (a) If the court finds that a qualifying offense has been committed by a minor, but
762 the prosecuting attorney has not met the burden of proof under Subsection (2)(b), the court
763 shall:
764 (i) proceed upon the criminal information as if the information were a petition under
765 Section 78A-6-602.5;
766 (ii) release or detain the minor in accordance with Section 78A-6-113; and
767 (iii) proceed with an adjudication for the minor in accordance with this chapter.
768 (b) If the court finds that the prosecuting attorney has not met the burden under
769 Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file a
770 motion to extend the court's continuing jurisdiction over the minor's case until the minor is 25
771 years old in accordance with Section 78A-6-703.4.
772 (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
773 criminal information as the qualifying offense if the qualifying offense and separate offense
774 arise from a single criminal episode.
775 (b) If the prosecuting attorney charges a minor with a separate offense as described in
776 Subsection (10)(a):
777 (i) the prosecuting attorney shall have the burden of establishing probable cause to
778 believe that the separate offense was committed and the minor committed the separate offense;
779 and
780 (ii) if the prosecuting attorney establishes probable cause for the separate offense under
781 Subsection (10)(b)(i) and the court binds the minor over to the district court for the qualifying
782 offense, the court shall also bind the minor over for the separate offense to the district court.
783 (11) If a grand jury indicts a minor for a qualifying offense:
784 (a) the prosecuting attorney does not need to establish probable cause under Subsection
785 (2)(a) for the qualifying offense and any separate offense included in the indictment; and
786 (b) the court shall proceed with determining whether the minor should be bound over
787 to the district court for the qualifying offense and any separate offense included in the
788 indictment in accordance with Subsections (2)(b) and (3).
789 (12) If a minor is bound over to the district court, the court shall:
790 (a) issue a criminal warrant of arrest for the minor to be held in a juvenile detention
791 facility;
792 (b) advise the minor of the right to bail; and
793 (c) set initial bail in accordance with Title 77, Chapter 20, Bail.
794 [
795
796 [
797
798 [
799 [
800 [
801
802 [
803
804 [
805 [
806
807 [
808 [
809
810 (13) If the court orders a minor to be detained until the time of trial:
811 (a) the minor shall be held in a juvenile detention facility, except that a minor who is
812 subject to the authority of the Board of Pardons and Parole may not be held in a juvenile
813 detention facility; and
814 (b) the minor shall remain in the juvenile detention facility:
815 [
816 [
817 [
818 detention facility under Subsection (13) and the minor attains the age of [
819 detained at [
820 an adult jail to remain:
821 (a) until released by the district court; or
822 (b) if convicted, until sentencing.
823 [
824 minor is bound over to the district court under this section, the jurisdiction of the Division of
825 Juvenile Justice Services and the juvenile court over the minor is terminated for the qualifying
826 offense and any other separate offense for which the minor is bound over.
827 [
828 qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:
829 (a) the juvenile court regains jurisdiction over any separate offense committed by the
830 minor; and
831 (b) the Division of Juvenile Justice Services regains jurisdiction over the minor.
832 Section 7. Section 78A-6-703.6 (Superseded 09/01/21) is amended to read:
833 78A-6-703.6 (Superseded 09/01/21). Criminal proceedings for a minor bound
834 over to district court.
835 (1) If the juvenile court binds a minor over to the district court in accordance with
836 Section 78A-6-703.5, the prosecuting attorney shall try the minor as if the minor is an adult in
837 the district court except:
838 (a) the minor is not subject to a sentence of death in accordance with Subsection
839 76-3-206(2)(b); and
840 (b) the minor is not subject to a sentence of life without parole in accordance with
841 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
842 (2) A minor who is bound over to the district court to answer as an adult is not entitled
843 to a preliminary hearing in the district court.
844 [
845
846
847 [
848
849 [
850 [
851 [
852
853 [
854
855 [
856 [
857
858 [
859 [
860
861 [
862 [
863 [
864
865
866 [
867 [
868 [
869 detention facility, the district court may order the minor be detained in another place of
870 confinement that is considered appropriate by the district court, including a jail or other place
871 of pretrial confinement for adults if the minor's conduct or condition endangers the safety and
872 welfare of others in the juvenile detention facility.
873 [
874 78A-6-703.5, the district court is not divested of jurisdiction for a qualifying offense or a
875 separate offense listed in the criminal information when the minor is allowed to enter a plea to,
876 or is found guilty of, another offense in the same criminal information.
877 Section 8. Section 78A-6-705 (Superseded 09/01/21) is amended to read:
878 78A-6-705 (Superseded 09/01/21). Youth prison commitment.
879 [
880
881
882
883 [
884
885 [
886 minor, if the district court determines that probation is not appropriate and commitment to
887 prison is an appropriate sentence[
888 (a) the district court shall order the minor committed to prison; and
889 (b) the minor shall be provisionally housed in a secure facility operated by the Division
890 of Juvenile Justice Services until the minor reaches [
891 from incarceration by the Board of Pardons and Parole.
892 [
893
894 [
895
896 [
897 [
898
899 [
900 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the
901 transfer of a minor provisionally housed in a division facility under Subsection [
902 physical custody of the Department of Corrections.
903 (b) If, in accordance with the rules adopted under Subsection [
904 of Juvenile Justice Services determines that housing the minor in a division facility presents an
905 unreasonable risk to others or that it is not in the best interest of the minor, the Division of
906 Juvenile Justice Services shall transfer the physical custody of the minor to the Department of
907 Corrections.
908 [
909 provisionally housed in a Division of Juvenile Justice Services facility under this section, the
910 district court and the Division of Juvenile Justice Services shall immediately notify the Board
911 of Pardons and Parole so that the minor may be scheduled for a hearing according to board
912 procedures.
913 (b) If a minor who is provisionally housed in a Division of Juvenile Justice Services
914 facility under this section has not been paroled or otherwise released from incarceration by the
915 time the minor reaches [
916 as reasonably possible, but not later than when the minor reaches [
917 old, transfer the minor to the physical custody of the Department of Corrections.
918 [
919 Justice Services or the Department of Corrections under this section, the Board of Pardons and
920 Parole has authority over the minor for purposes of parole, pardon, commutation, termination
921 of sentence, remission of fines or forfeitures, orders of restitution, and all other purposes
922 authorized by law.
923 [
924 (a) hold hearings, receive reports, or otherwise keep informed of the progress of a
925 minor in the custody of the Division of Juvenile Justice Services under this section; and [
926 (b) forward to the Board of Pardons and Parole any information or recommendations
927 concerning the minor.
928 [
929 sentencing purposes.
930 Section 9. Section 80-1-102 (Effective 09/01/21) is amended to read:
931 80-1-102 (Effective 09/01/21). Juvenile code definitions.
932 As used in this title:
933 (1) (a) "Abuse" means:
934 (i) (A) nonaccidental harm of a child;
935 (B) threatened harm of a child;
936 (C) sexual exploitation;
937 (D) sexual abuse; or
938 (E) human trafficking of a child in violation of Section 76-5-308.5; or
939 (ii) that a child's natural parent:
940 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
941 child;
942 (B) is identified by a law enforcement agency as the primary suspect in an investigation
943 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
944 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
945 recklessly causing the death of another parent of the child.
946 (b) "Abuse" does not include:
947 (i) reasonable discipline or management of a child, including withholding privileges;
948 (ii) conduct described in Section 76-2-401; or
949 (iii) the use of reasonable and necessary physical restraint or force on a child:
950 (A) in self-defense;
951 (B) in defense of others;
952 (C) to protect the child; or
953 (D) to remove a weapon in the possession of a child for any of the reasons described in
954 Subsections (1)(b)(iii)(A) through (C).
955 (2) "Abused child" means a child who has been subjected to abuse.
956 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
957 facts alleged in the petition have been proved.
958 (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
959 with Section 80-6-402.
960 (4) (a) "Adult" means an individual who is 18 years old or older.
961 (b) "Adult" does not include an individual:
962 (i) who is 18 years old or older; and
963 (ii) who is a minor.
964 (5) "Attorney guardian ad litem" means the same as that term is defined in Section
965 78A-2-801.
966 (6) "Board" means the Board of Juvenile Court Judges.
967 (7) "Child" means an individual who is under 18 years old.
968 (8) "Child and family plan" means a written agreement between a child's parents or
969 guardian and the Division of Child and Family Services as described in Section 62A-4a-205.
970 (9) "Child placement agency" means:
971 (a) a private agency licensed to receive a child for placement or adoption under this
972 code; or
973 (b) a private agency that receives a child for placement or adoption in another state,
974 which is licensed or approved where such license or approval is required by law.
975 (10) "Clandestine laboratory operation" means the same as that term is defined in
976 Section 58-37d-3.
977 (11) "Commit" or "committed" means, unless specified otherwise:
978 (a) with respect to a child, to transfer legal custody; and
979 (b) with respect to a minor who is at least 18 years old, to transfer custody.
980 (12) "Community-based program" means a nonsecure residential or nonresidential
981 program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
982 restrictive setting, consistent with public safety, and operated by or under contract with the
983 Division of Juvenile Justice Services.
984 (13) "Community placement" means placement of a minor in a community-based
985 program described in Section 80-5-402.
986 (14) "Correctional facility" means:
987 (a) a county jail; or
988 (b) a secure correctional facility as defined in Section 64-13-1.
989 (15) "Criminogenic risk factors" means evidence-based factors that are associated with
990 a minor's likelihood of reoffending.
991 (16) "Department" means the Department of Human Services created in Section
992 62A-1-102.
993 (17) "Dependent child" or "dependency" means a child who is without proper care
994 through no fault of the child's parent, guardian, or custodian.
995 (18) "Deprivation of custody" means transfer of legal custody by the juvenile court
996 from a parent or a previous custodian to another person, agency, or institution.
997 (19) "Detention" means home detention or secure detention.
998 (20) "Detention risk assessment tool" means an evidence-based tool established under
999 Section 80-5-203 that:
1000 (a) assesses a minor's risk of failing to appear in court or reoffending before
1001 adjudication; and
1002 (b) is designed to assist in making a determination of whether a minor shall be held in
1003 detention.
1004 (21) "Developmental immaturity" means incomplete development in one or more
1005 domains that manifests as a functional limitation in the minor's present ability to:
1006 (a) consult with counsel with a reasonable degree of rational understanding; and
1007 (b) have a rational as well as factual understanding of the proceedings.
1008 (22) "Disposition" means an order by a juvenile court, after the adjudication of a
1009 minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
1010 (23) "Educational neglect" means that, after receiving a notice of compulsory education
1011 violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
1012 ensure that the child receives an appropriate education.
1013 (24) "Educational series" means an evidence-based instructional series:
1014 (a) obtained at a substance abuse program that is approved by the Division of
1015 Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
1016 (b) designed to prevent substance use or the onset of a mental health disorder.
1017 (25) "Emancipated" means the same as that term is defined in Section 80-7-102.
1018 (26) "Evidence-based" means a program or practice that has had multiple randomized
1019 control studies or a meta-analysis demonstrating that the program or practice is effective for a
1020 specific population or has been rated as effective by a standardized program evaluation tool.
1021 (27) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
1022 (28) "Formal probation" means a minor is:
1023 (a) supervised in the community by, and reports to, a juvenile probation officer or an
1024 agency designated by the juvenile court; and
1025 (b) subject to return to the juvenile court in accordance with Section 80-6-607.
1026 (29) "Group rehabilitation therapy" means psychological and social counseling of one
1027 or more individuals in the group, depending upon the recommendation of the therapist.
1028 (30) "Guardian" means a person appointed by a court to make decisions regarding a
1029 minor, including the authority to consent to:
1030 (a) marriage;
1031 (b) enlistment in the armed forces;
1032 (c) major medical, surgical, or psychiatric treatment; or
1033 (d) legal custody, if legal custody is not vested in another individual, agency, or
1034 institution.
1035 (31) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
1036 (32) "Harm" means:
1037 (a) physical or developmental injury or damage;
1038 (b) emotional damage that results in a serious impairment in the child's growth,
1039 development, behavior, or psychological functioning;
1040 (c) sexual abuse; or
1041 (d) sexual exploitation.
1042 (33) "Home detention" means placement of a minor:
1043 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
1044 consent of the minor's parent, guardian, or custodian, under terms and conditions established by
1045 the Division of Juvenile Justice Services or the juvenile court; or
1046 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
1047 minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
1048 custodian, under terms and conditions established by the Division of Juvenile Justice Services
1049 or the juvenile court.
1050 (34) (a) "Incest" means engaging in sexual intercourse with an individual whom the
1051 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
1052 nephew, niece, or first cousin.
1053 (b) "Incest" includes:
1054 (i) blood relationships of the whole or half blood, without regard to legitimacy;
1055 (ii) relationships of parent and child by adoption; and
1056 (iii) relationships of stepparent and stepchild while the marriage creating the
1057 relationship of a stepparent and stepchild exists.
1058 (35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
1059 (36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
1060 (37) "Indigent defense service provider" means the same as that term is defined in
1061 Section 78B-22-102.
1062 (38) "Indigent defense services" means the same as that term is defined in Section
1063 78B-22-102.
1064 (39) "Indigent individual" means the same as that term is defined in Section
1065 78B-22-102.
1066 (40) (a) "Intake probation" means a minor is:
1067 (i) monitored by a juvenile probation officer; and
1068 (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
1069 (b) "Intake probation" does not include formal probation.
1070 (41) "Intellectual disability" means a significant subaverage general intellectual
1071 functioning existing concurrently with deficits in adaptive behavior that constitutes a
1072 substantial limitation to the individual's ability to function in society.
1073 (42) "Juvenile offender" means:
1074 (a) a serious youth offender; or
1075 (b) a youth offender.
1076 (43) "Juvenile probation officer" means a probation officer appointed under Section
1077 78A-6-205.
1078 (44) "Juvenile receiving center" means a nonsecure, nonresidential program established
1079 by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
1080 Justice Services, that is responsible for minors taken into temporary custody under Section
1081 80-6-201.
1082 (45) "Legal custody" means a relationship embodying:
1083 (a) the right to physical custody of the minor;
1084 (b) the right and duty to protect, train, and discipline the minor;
1085 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1086 medical care;
1087 (d) the right to determine where and with whom the minor shall live; and
1088 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
1089 (46) "Mental illness" means:
1090 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1091 behavioral, or related functioning; or
1092 (b) the same as that term is defined in:
1093 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1094 published by the American Psychiatric Association; or
1095 (ii) the current edition of the International Statistical Classification of Diseases and
1096 Related Health Problems.
1097 (47) "Minor" means, except as provided in Sections [
1098 and 80-7-102:
1099 (a) a child; or
1100 (b) an individual:
1101 (i) (A) who is at least 18 years old and younger than 21 years old; and
1102 (B) for whom the Division of Child and Family Services has been specifically ordered
1103 by the juvenile court to provide services because the individual was an abused, neglected, or
1104 dependent child or because the individual was adjudicated for an offense; or
1105 (ii) (A) who is at least 18 years old and younger than 25 years old; and
1106 (B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
1107 6, Juvenile Justice.
1108 (48) "Mobile crisis outreach team" means the same as that term is defined in Section
1109 62A-15-102.
1110 (49) "Molestation" means that an individual, with the intent to arouse or gratify the
1111 sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
1112 or the breast of a female child, or takes indecent liberties with a child as defined in Section
1113 76-5-416.
1114 (50) (a) "Natural parent" means a minor's biological or adoptive parent.
1115 (b) "Natural parent" includes the minor's noncustodial parent.
1116 (51) (a) "Neglect" means action or inaction causing:
1117 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
1118 Relinquishment of a Newborn Child;
1119 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
1120 guardian, or custodian;
1121 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
1122 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
1123 well-being;
1124 (iv) a child to be at risk of being neglected or abused because another child in the same
1125 home is neglected or abused;
1126 (v) abandonment of a child through an unregulated custody transfer; or
1127 (vi) educational neglect.
1128 (b) "Neglect" does not include:
1129 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
1130 reason, does not provide specified medical treatment for a child;
1131 (ii) a health care decision made for a child by the child's parent or guardian, unless the
1132 state or other party to a proceeding shows, by clear and convincing evidence, that the health
1133 care decision is not reasonable and informed;
1134 (iii) a parent or guardian exercising the right described in Section 80-3-304; or
1135 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
1136 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
1137 including:
1138 (A) traveling to and from school, including by walking, running, or bicycling;
1139 (B) traveling to and from nearby commercial or recreational facilities;
1140 (C) engaging in outdoor play;
1141 (D) remaining in a vehicle unattended, except under the conditions described in
1142 Subsection 76-10-2202(2);
1143 (E) remaining at home unattended; or
1144 (F) engaging in a similar independent activity.
1145 (52) "Neglected child" means a child who has been subjected to neglect.
1146 (53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
1147 probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the
1148 consent in writing of:
1149 (a) the assigned juvenile probation officer; and
1150 (b) (i) the minor; or
1151 (ii) the minor and the minor's parent, legal guardian, or custodian.
1152 (54) "Not competent to proceed" means that a minor, due to a mental illness,
1153 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
1154 (a) understand the nature of the proceedings against the minor or of the potential
1155 disposition for the offense charged; or
1156 (b) consult with counsel and participate in the proceedings against the minor with a
1157 reasonable degree of rational understanding.
1158 (55) "Parole" means a conditional release of a juvenile offender from residency in
1159 secure care to live outside of secure care under the supervision of the Division of Juvenile
1160 Justice Services, or another person designated by the Division of Juvenile Justice Services.
1161 (56) "Physical abuse" means abuse that results in physical injury or damage to a child.
1162 (57) (a) "Probation" means a legal status created by court order, following an
1163 adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's
1164 home under prescribed conditions.
1165 (b) "Probation" includes intake probation or formal probation.
1166 (58) "Prosecuting attorney" means:
1167 (a) the attorney general and any assistant attorney general;
1168 (b) any district attorney or deputy district attorney;
1169 (c) any county attorney or assistant county attorney; and
1170 (d) any other attorney authorized to commence an action on behalf of the state.
1171 (59) "Protective custody" means the shelter of a child by the Division of Child and
1172 Family Services from the time the child is removed from the home until the earlier of:
1173 (a) the day on which the shelter hearing is held under Section 80-3-301; or
1174 (b) the day on which the child is returned home.
1175 (60) "Protective supervision" means a legal status created by court order, following an
1176 adjudication on the ground of abuse, neglect, or dependency, whereby:
1177 (a) the minor is permitted to remain in the minor's home; and
1178 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
1179 by an agency designated by the juvenile court.
1180 (61) (a) "Related condition" means a condition that:
1181 (i) is found to be closely related to intellectual disability;
1182 (ii) results in impairment of general intellectual functioning or adaptive behavior
1183 similar to that of an intellectually disabled individual;
1184 (iii) is likely to continue indefinitely; and
1185 (iv) constitutes a substantial limitation to the individual's ability to function in society.
1186 (b) "Related condition" does not include mental illness, psychiatric impairment, or
1187 serious emotional or behavioral disturbance.
1188 (62) (a) "Residual parental rights and duties" means the rights and duties remaining
1189 with a parent after legal custody or guardianship, or both, have been vested in another person or
1190 agency, including:
1191 (i) the responsibility for support;
1192 (ii) the right to consent to adoption;
1193 (iii) the right to determine the child's religious affiliation; and
1194 (iv) the right to reasonable parent-time unless restricted by the court.
1195 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
1196 right to consent to:
1197 (i) marriage;
1198 (ii) enlistment; and
1199 (iii) major medical, surgical, or psychiatric treatment.
1200 (63) "Runaway" means a child, other than an emancipated child, who willfully leaves
1201 the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
1202 without permission.
1203 (64) "Secure care" means placement of a minor, who is committed to the Division of
1204 Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
1205 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
1206 minor.
1207 (65) "Secure care facility" means a facility, established in accordance with Section
1208 80-5-503, for juvenile offenders in secure care.
1209 (66) "Secure detention" means temporary care of a minor who requires secure custody
1210 in a physically restricting facility operated by, or under contract with, the Division of Juvenile
1211 Justice Services:
1212 (a) before disposition of an offense that is alleged to have been committed by the
1213 minor; or
1214 (b) under Section 80-6-704.
1215 (67) "Serious youth offender" means an individual who:
1216 (a) is at least 14 years old, but under 25 years old;
1217 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
1218 of the juvenile court was extended over the individual's case until the individual was 25 years
1219 old in accordance with Section 80-6-605; and
1220 (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
1221 secure care under Sections 80-6-703 and 80-6-705.
1222 (68) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
1223 child.
1224 (69) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
1225 child.
1226 (70) "Sexual abuse" means:
1227 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
1228 adult directed towards a child;
1229 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
1230 committed by a child towards another child if:
1231 (i) there is an indication of force or coercion;
1232 (ii) the children are related, as described in Subsection (34), including siblings by
1233 marriage while the marriage exists or by adoption;
1234 (iii) there have been repeated incidents of sexual contact between the two children,
1235 unless the children are 14 years old or older; or
1236 (iv) there is a disparity in chronological age of four or more years between the two
1237 children;
1238 (c) engaging in any conduct with a child that would constitute an offense under any of
1239 the following, regardless of whether the individual who engages in the conduct is actually
1240 charged with, or convicted of, the offense:
1241 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
1242 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
1243 (ii) child bigamy, Section 76-7-101.5;
1244 (iii) incest, Section 76-7-102;
1245 (iv) lewdness, Section 76-9-702;
1246 (v) sexual battery, Section 76-9-702.1;
1247 (vi) lewdness involving a child, Section 76-9-702.5; or
1248 (vii) voyeurism, Section 76-9-702.7; or
1249 (d) subjecting a child to participate in or threatening to subject a child to participate in
1250 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
1251 marriage.
1252 (71) "Sexual exploitation" means knowingly:
1253 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
1254 (i) pose in the nude for the purpose of sexual arousal of any individual; or
1255 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
1256 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
1257 (b) displaying, distributing, possessing for the purpose of distribution, or selling
1258 material depicting a child:
1259 (i) in the nude, for the purpose of sexual arousal of any individual; or
1260 (ii) engaging in sexual or simulated sexual conduct; or
1261 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
1262 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
1263 is actually charged with, or convicted of, the offense.
1264 (72) "Shelter" means the temporary care of a child in a physically unrestricted facility
1265 pending a disposition or transfer to another jurisdiction.
1266 (73) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
1267 (74) "Single criminal episode" means the same as that term is defined in Section
1268 76-1-401.
1269 (75) "Status offense" means an offense that would not be an offense but for the age of
1270 the offender.
1271 (76) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
1272 substances.
1273 (77) "Substantiated" means the same as that term is defined in Section 62A-4a-101.
1274 (78) "Supported" means the same as that term is defined in Section 62A-4a-101.
1275 (79) "Termination of parental rights" means the permanent elimination of all parental
1276 rights and duties, including residual parental rights and duties, by court order.
1277 (80) "Therapist" means:
1278 (a) an individual employed by a state division or agency for the purpose of conducting
1279 psychological treatment and counseling of a minor in the division's or agency's custody; or
1280 (b) any other individual licensed or approved by the state for the purpose of conducting
1281 psychological treatment and counseling.
1282 (81) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
1283 that the child is at an unreasonable risk of harm or neglect.
1284 (82) "Ungovernable" means a child in conflict with a parent or guardian, and the
1285 conflict:
1286 (a) results in behavior that is beyond the control or ability of the child, or the parent or
1287 guardian, to manage effectively;
1288 (b) poses a threat to the safety or well-being of the child, the child's family, or others;
1289 or
1290 (c) results in the situations described in Subsections (82)(a) and (b).
1291 (83) "Unregulated custody transfer" means the placement of a child:
1292 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
1293 sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
1294 whom the child is familiar, or a member of the child's federally recognized tribe;
1295 (b) with the intent of severing the child's existing parent-child or guardian-child
1296 relationship; and
1297 (c) without taking:
1298 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
1299 and
1300 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
1301 guardianship to the individual taking custody of the child.
1302 (84) "Unsupported" means the same as that term is defined in Section 62A-4a-101.
1303 (85) "Unsubstantiated" means the same as that term is defined in Section 62A-4a-101.
1304 (86) "Validated risk and needs assessment" means an evidence-based tool that assesses
1305 a minor's risk of reoffending and a minor's criminogenic needs.
1306 (87) "Without merit" means the same as that term is defined in Section 62A-4a-101.
1307 (88) "Youth offender" means an individual who is:
1308 (a) at least 12 years old, but under 21 years old; and
1309 (b) committed by the juvenile court to the Division of Juvenile Justice Services for
1310 secure care under Sections 80-6-703 and 80-6-705.
1311 Section 10. Section 80-6-501 (Effective 09/01/21) is amended to read:
1312 80-6-501 (Effective 09/01/21). Definitions.
1313 As used in this part:
1314 (1) "Minor" means:
1315 (a) an individual:
1316 (i) who is at least 18 years old and younger than 25 years old; and
1317 (ii) whose case is under the continuing jurisdiction of the juvenile court; or
1318 (b) an individual:
1319 (i) who is younger than 21 years old;
1320 (ii) who is charged with, or convicted of, an offense under Section 80-6-502 or
1321 80-6-503; and
1322 (iii) whose case is under the jurisdiction of the district court.
1323 [
1324 (2)(b).
1325 [
1326 Section 11. Section 80-6-502 (Effective 09/01/21) is amended to read:
1327 80-6-502 (Effective 09/01/21). Criminal information for a minor in district court.
1328 (1) If a prosecuting attorney charges a minor with aggravated murder under Section
1329 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
1330 information in the district court if the minor was the principal actor in an offense and the
1331 criminal information alleges:
1332 (a) the minor was 16 or 17 years old at the time of the offense; and
1333 (b) the offense for which the minor is being charged is:
1334 (i) Section 76-5-202, aggravated murder; or
1335 (ii) Section 76-5-203, murder.
1336 (2) If the prosecuting attorney files a criminal information in the district court in
1337 accordance with Subsection (1), the district court shall try the minor as an adult, except:
1338 (a) the minor is not subject to a sentence of death in accordance with Subsection
1339 76-3-206(2)(b); and
1340 (b) the minor is not subject to a sentence of life without parole in accordance with
1341 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
1342 (3) (a) Except for a minor who is subject to the authority of the Board of Pardons and
1343 Parole, a minor shall be held in a detention facility [
1344
1345 [
1346 [
1347 [
1348
1349 [
1350 [
1351 [
1352 [
1353
1354 [
1355
1356 [
1357 [
1358
1359 [
1360 [
1361 detention facility under Subsection (3)(a) shall remain in the facility:
1362 [
1363 [
1364 [
1365 district court shall:
1366 (a) advise the minor of the right to bail; and
1367 (b) set initial bail in accordance with Title 77, Chapter 20, Bail.
1368 [
1369 [
1370 an adult jail until:
1371 (a) released by the district court; or
1372 (b) if convicted, sentencing.
1373 [
1374 (3)(a) and the minor's conduct or condition endangers the safety or welfare of others in the
1375 detention facility, the district court may find that the minor shall be detained in another place of
1376 confinement considered appropriate by the district court, including a jail or an adult facility for
1377 pretrial confinement.
1378 [
1379 under this section, and all charges for aggravated murder or murder result in an acquittal, a
1380 finding of not guilty, or a dismissal:
1381 (a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
1382 and
1383 (b) the division gains jurisdiction over the minor.
1384 Section 12. Section 80-6-504 (Effective 09/01/21) is amended to read:
1385 80-6-504 (Effective 09/01/21). Preliminary hearing -- Grounds for transfer --
1386 Detention of a minor bound over to the district court .
1387 (1) If a prosecuting attorney files a criminal information in accordance with Section
1388 80-6-503 , the juvenile court shall conduct a preliminary hearing to determine whether a minor
1389 should be bound over to the district court for a qualifying offense.
1390 (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
1391 the burden of establishing:
1392 (a) probable cause to believe that a qualifying offense was committed and the minor
1393 committed that offense; and
1394 (b) by a preponderance of the evidence, that it is contrary to the best interests of the
1395 minor and the public for the juvenile court to retain jurisdiction over the offense.
1396 (3) In making a determination under Subsection (2)(b), the juvenile court shall consider
1397 and make findings on:
1398 (a) the seriousness of the qualifying offense and whether the protection of the
1399 community requires that the minor is detained beyond the amount of time allowed under
1400 Subsection 80-6-802(1) , or beyond the age of continuing jurisdiction that the juvenile court
1401 may exercise under Section 80-6-605 ;
1402 (b) the extent to which the minor's actions in the qualifying offense were committed in
1403 an aggressive, violent, premeditated, or willful manner;
1404 (c) the minor's mental, physical, educational, trauma, and social history;
1405 (d) the criminal record or history of the minor; and
1406 (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
1407 are available to the juvenile court.
1408 (4) The amount of weight that each factor in Subsection (3) is given is in the juvenile
1409 court's discretion.
1410 (5) (a) The juvenile court may consider any written report or other material that relates
1411 to the minor's mental, physical, educational, trauma, and social history.
1412 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
1413 the juvenile court shall require the person preparing the report, or other material, under
1414 Subsection (5)(a) to appear and be subject to direct and cross-examination.
1415 (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
1416 call witnesses, cross-examine witnesses, and present evidence on the factors described in
1417 Subsection (3).
1418 (7) (a) A proceeding before the juvenile court related to a charge filed under this part
1419 shall be conducted in conformity with the Utah Rules of Juvenile Procedure.
1420 (b) Sections 80-6-602, 80-6-603, and 80-6-604 are applicable to the preliminary
1421 hearing under this section.
1422 (8) If the juvenile court finds that the prosecuting attorney has met the burden of proof
1423 under Subsection (2), the juvenile court shall bind the minor over to the district court to be held
1424 for trial.
1425 (9) (a) If the juvenile court finds that a qualifying offense has been committed by a
1426 minor, but the prosecuting attorney has not met the burden of proof under Subsection (2)(b),
1427 the juvenile court shall:
1428 (i) proceed upon the criminal information as if the information were a petition under
1429 Section 80-6-305 ;
1430 (ii) release or detain the minor in accordance with Section 80-6-207 ; and
1431 (iii) proceed with an adjudication for the minor in accordance with this chapter.
1432 (b) If the juvenile court finds that the prosecuting attorney has not met the burden
1433 under Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file
1434 a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the
1435 minor is 25 years old in accordance with Section 80-6-605.
1436 (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
1437 criminal information as the qualifying offense if the qualifying offense and separate offense
1438 arise from a single criminal episode.
1439 (b) If the prosecuting attorney charges a minor with a separate offense as described in
1440 Subsection (10)(a):
1441 (i) the prosecuting attorney shall have the burden of establishing probable cause to
1442 believe that the separate offense was committed and the minor committed the separate offense;
1443 and
1444 (ii) if the prosecuting attorney establishes probable cause for the separate offense under
1445 Subsection (10)(b)(i) and the juvenile court binds the minor over to the district court for the
1446 qualifying offense, the juvenile court shall also bind the minor over for the separate offense to
1447 the district court.
1448 (11) If a grand jury indicts a minor for a qualifying offense:
1449 (a) the prosecuting attorney does not need to establish probable cause under Subsection
1450 (2)(a) for the qualifying offense and any separate offense included in the indictment; and
1451 (b) the juvenile court shall proceed with determining whether the minor should be
1452 bound over to the district court for the qualifying offense and any separate offense included in
1453 the indictment in accordance with Subsections (2)(b) and (3).
1454 (12) If a minor is bound over to the district court, the juvenile court shall:
1455 (a) issue a criminal warrant of arrest for the minor to be held in a detention facility;
1456 (b) advise the minor of the right to bail; and
1457 (c) set initial bail in accordance with Title 77, Chapter 20, Bail.
1458 [
1459
1460 [
1461
1462 [
1463 [
1464 [
1465
1466 [
1467
1468 [
1469 [
1470
1471 [
1472 [
1473
1474 (13) If the juvenile court orders the minor to be detained until the time of trial:
1475 (a) the minor shall be held in a detention facility, except that a minor who is subject to
1476 the authority of the Board of Pardons and Parole may not be held in a detention facility; and
1477 (b) the minor shall remain in the detention facility:
1478 [
1479 [
1480 [
1481 detention facility under Subsection (13) and the minor attains the age of [
1482 detained at the detention facility, the minor shall be transferred within 30 days to an adult jail
1483 to remain:
1484 (a) until released by the district court; or
1485 (b) if convicted, until sentencing.
1486 [
1487 minor is bound over to the district court under this section, the jurisdiction of the division and
1488 the juvenile court over the minor is terminated for the qualifying offense and any other separate
1489 offense for which the minor is bound over.
1490 [
1491 qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:
1492 (a) the juvenile court regains jurisdiction over any separate offense committed by the
1493 minor; and
1494 (b) the division regains jurisdiction over the minor.
1495 Section 13. Section 80-6-505 (Effective 09/01/21) is amended to read:
1496 80-6-505 (Effective 09/01/21). Criminal proceedings for a minor bound over to
1497 district court.
1498 (1) If the juvenile court binds a minor over to the district court in accordance with
1499 Section 80-6-504 , the prosecuting attorney shall try the minor as if the minor is an adult in the
1500 district court except:
1501 (a) the minor is not subject to a sentence of death in accordance with Subsection
1502 76-3-206(2)(b); and
1503 (b) the minor is not subject to a sentence of life without parole in accordance with
1504 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
1505 (2) A minor who is bound over to the district court to answer as an adult is not entitled
1506 to a preliminary hearing in the district court.
1507 [
1508
1509
1510 [
1511
1512 [
1513 [
1514 [
1515
1516 [
1517
1518 [
1519 [
1520
1521 [
1522 [
1523
1524 [
1525 [
1526 [
1527
1528
1529 [
1530 [
1531 [
1532 facility, the district court may order the minor be detained in another place of confinement that
1533 is considered appropriate by the district court, including a jail or other place of pretrial
1534 confinement for adults if the minor's conduct or condition endangers the safety and welfare of
1535 others in the detention facility.
1536 [
1537 the district court is not divested of jurisdiction for a qualifying offense or a separate offense
1538 listed in the criminal information when the minor is allowed to enter a plea to, or is found
1539 guilty of, another offense in the same criminal information.
1540 Section 14. Section 80-6-507 (Effective 09/01/21) is amended to read:
1541 80-6-507 (Effective 09/01/21). Commitment of a minor by a district court .
1542 [
1543
1544
1545
1546 [
1547
1548 [
1549 minor, if the district court determines that probation is not appropriate and commitment to
1550 prison is an appropriate sentence[
1551 (a) the district court shall order the minor committed to prison; and
1552 (b) the minor shall be provisionally housed in a secure care facility until the minor
1553 reaches [
1554 and Parole.
1555 [
1556
1557 [
1558
1559 [
1560 [
1561
1562 [
1563 Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor
1564 provisionally housed in a secure care facility under Subsection [
1565 of the Department of Corrections.
1566 (b) If, in accordance with the rules adopted under Subsection [
1567 determines that housing the minor in a secure care facility presents an unreasonable risk to
1568 others or that it is not in the best interest of the minor, the division shall transfer the physical
1569 custody of the minor to the Department of Corrections.
1570 [
1571 provisionally housed in a secure care facility under this section, the district court and the
1572 division shall immediately notify the Board of Pardons and Parole so that the minor may be
1573 scheduled for a hearing according to board procedures.
1574 (b) If a minor who is provisionally housed in a secure care facility under this section
1575 has not been paroled or otherwise released from incarceration by the time the minor reaches
1576 [
1577 minor reaches [
1578 Department of Corrections.
1579 [
1580 Department of Corrections under this section, the Board of Pardons and Parole has authority
1581 over the minor for purposes of parole, pardon, commutation, termination of sentence, remission
1582 of fines or forfeitures, orders of restitution, and all other purposes authorized by law.
1583 [
1584 (a) hold hearings, receive reports, or otherwise keep informed of the progress of a
1585 minor in the custody of the division under this section; and [
1586 (b) forward to the Board of Pardons and Parole any information or recommendations
1587 concerning the minor.
1588 [
1589 sentencing purposes.
1590 Section 15. Section 80-6-804 (Effective 09/01/21) is amended to read:
1591 80-6-804 (Effective 09/01/21). Review and termination of secure care.
1592 (1) If a juvenile offender is ordered to secure care under Section 80-6-705, the juvenile
1593 offender shall appear before the authority within 45 days after the day on which the juvenile
1594 offender is ordered to secure care for review of a treatment plan and to establish parole release
1595 guidelines.
1596 (2) (a) If a juvenile offender is ordered to secure care under Section 80-6-705, the
1597 authority shall set a presumptive term of commitment for the juvenile offender from three to
1598 six months, but the presumptive term may not exceed six months.
1599 (b) The authority shall release the juvenile offender on parole at the end of the
1600 presumptive term of commitment unless:
1601 (i) termination would interrupt the completion of a treatment program determined to be
1602 necessary by the results of a validated risk and needs assessment under Section 80-6-606; or
1603 (ii) the juvenile offender commits a new misdemeanor or felony offense.
1604 (c) The authority shall determine whether a juvenile offender has completed a
1605 treatment program under Subsection (2)(b)(i) by considering:
1606 (i) the recommendations of the licensed service provider for the treatment program;
1607 (ii) the juvenile offender's record in the treatment program; and
1608 (iii) the juvenile offender's completion of the goals of the treatment program.
1609 (d) The authority may extend the length of commitment and delay parole release for the
1610 time needed to address the specific circumstance if one of the circumstances under Subsection
1611 (2)(b) exists.
1612 (e) The authority shall:
1613 (i) record the length of the extension and the grounds for the extension; and
1614 (ii) report annually the length and grounds of extension to the commission.
1615 (f) Records under Subsection (2)(e) shall be tracked in the data system used by the
1616 juvenile court and the division.
1617 (3) (a) If a juvenile offender is committed to secure care, the authority shall set a
1618 presumptive term of parole supervision, including aftercare services, from three to four months,
1619 but the presumptive term may not exceed four months.
1620 (b) If the authority determines that a juvenile offender is unable to return home
1621 immediately upon release, the juvenile offender may serve the term of parole in the home of a
1622 qualifying relative or guardian or at an independent living program contracted or operated by
1623 the division.
1624 (c) The authority shall release a juvenile offender from parole and terminate the
1625 authority's jurisdiction at the end of the presumptive term of parole, unless:
1626 (i) termination would interrupt the completion of a treatment program that is
1627 determined to be necessary by the results of a validated risk and needs assessment under
1628 Section 80-6-606;
1629 (ii) the juvenile offender commits a new misdemeanor or felony offense; or
1630 (iii) restitution has not been completed.
1631 (d) The authority shall determine whether a juvenile offender has completed a
1632 treatment program under Subsection (2)(c)(i) by considering:
1633 (i) the recommendations of the licensed service provider;
1634 (ii) the juvenile offender's record in the treatment program; and
1635 (iii) the juvenile offender's completion of the goals of the treatment program.
1636 (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
1637 parole release only for the time needed to address the specific circumstance.
1638 (f) The authority shall:
1639 (i) record the grounds for extension of the presumptive length of parole and the length
1640 of the extension; and
1641 (ii) report annually the extension and the length of the extension to the commission.
1642 (g) Records under Subsection (3)(f) shall be tracked in the data system used by the
1643 juvenile court and the division.
1644 (h) If a juvenile offender leaves parole supervision without authorization for more than
1645 24 hours, the term of parole shall toll until the juvenile offender returns.
1646 (4) Subsections (2) and (3) do not apply to a juvenile offender committed to secure
1647 care for [
1648 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1649 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
1650 (c) Section 76-5-203, murder or attempted murder;
1651 (d) Section 76-5-205, manslaughter;
1652 (e) Section 76-5-206, negligent homicide;
1653 (f) Section 76-5-207, automobile homicide;
1654 (g) Section 76-5-207.5, automobile homicide involving a handheld wireless
1655 communication device;
1656 (h) Section 76-5-208, child abuse homicide;
1657 (i) Section 76-5-209, homicide by assault;
1658 [
1659 [
1660 [
1661 [
1662 [
1663 [
1664 [
1665
1666 [
1667 [
1668
1669
1670 (p) (i) an offense other than an offense listed in Subsections (4)(a) through (o)
1671 involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
1672 (ii) the juvenile offender has been previously adjudicated or convicted of an offense
1673 involving the use of a dangerous weapon, as defined in Section 76-1-601; or
1674 [
1675 and the [
1676 care.
1677 (5) (a) The division may continue to have responsibility over a juvenile offender, who
1678 is discharged under this section from parole, to participate in a specific educational or
1679 rehabilitative program:
1680 (i) until the juvenile offender is:
1681 (A) if the juvenile offender is a youth offender, 21 years old; or
1682 (B) if the juvenile offender is a serious youth offender, 25 years old; and
1683 (ii) under an agreement by the division and the juvenile offender that the program has
1684 certain conditions.
1685 (b) The division and the juvenile offender may terminate participation in a program
1686 under Subsection (5)(a) at any time.
1687 (c) The division shall offer an educational or rehabilitative program before a juvenile
1688 offender's discharge date in accordance with this section.
1689 (d) A juvenile offender may request the services described in this Subsection (5), even
1690 if the offender has been previously declined services or services were terminated for
1691 noncompliance.
1692 (e) Notwithstanding Subsection (5)(c), the division:
1693 (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
1694 services described in this Subsection (5) for up to 365 days after the juvenile offender's
1695 effective date of discharge, even if the juvenile offender has previously declined services or
1696 services were terminated for noncompliance; and
1697 (ii) may reach an agreement with the juvenile offender to provide the services
1698 described in this Subsection (5) until the juvenile offender is:
1699 (A) if the juvenile offender is a youth offender, 21 years old; or
1700 (B) if the juvenile offender is a serious youth offender, 25 years old.
1701 (f) The division and the juvenile offender may terminate an agreement for services
1702 under this Subsection (5) at any time.
1703 Section 16. Effective date.
1704 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
1705 elected to each house, this bill takes effect upon approval by the governor, or the day following
1706 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
1707 signature, or in the case of a veto, the date of veto override.
1708 (2) The changes to the following sections take effect on September 1, 2021:
1709 (a) Section 80-1-102 (Effective 09/01/21);
1710 (b) Section 80-6-501 (Effective 09/01/21);
1711 (c) Section 80-6-502 (Effective 09/01/21);
1712 (d) Section 80-6-504 (Effective 09/01/21);
1713 (e) Section 80-6-505 (Effective 09/01/21);
1714 (f) Section 80-6-507 (Effective 09/01/21); and
1715 (g) Section 80-6-804 (Effective 09/01/21).
1716 Section 17. Revisor instructions.
1717 The Legislature intends that, on September 1, 2021, the Office of Legislative Research
1718 and General Counsel prepare the Utah Code database for publication by:
1719 (1) replacing "secure confinement" with "secure care, as defined in Section 80-1-102,"
1720 in Subsections 77-41-102(9)(f)(ii) and (17)(f)(ii);
1721 (2) changing the cross-reference in Subsections 77-41-102(9)(f)(i) and (17)(f)(i) from
1722 Section 78A-6-117 to Section 80-6-701; and
1723 (3) changing the cross-reference in Subsections 77-41-102(9)(f)(ii)(B) and
1724 (17)(f)(ii)(B) from Section 78A-6-703.4 to Section 80-6-605.