Representative V. Lowry Snow proposes the following substitute bill:


1     
JUVENILE JUSTICE AMENDMENTS

2     
2021 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to juvenile justice.
10     Highlighted Provisions:
11          This bill:
12          ▸     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30          62A-7-404.5 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214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32          78A-6-105 (Superseded 09/01/21), as last amended by Laws of Utah 2021, Chapter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34          78A-6-703.1 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
35          78A-6-703.2 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
36          78A-6-703.5 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
37          78A-6-703.6 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
38          78A-6-705 (Superseded 09/01/21), as last amended by Laws of Utah 2020, Chapter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 [a felony violation of]:
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 75-5-206, 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          [(d)] (j) Section 76-5-302, aggravated kidnapping;
116          [(e)] (k) Section 76-5-405, aggravated sexual assault;
117          [(f)] (l) a felony violation of Section 76-6-103, aggravated arson;
118          [(g)] (m) Section 76-6-203, aggravated burglary;

119          [(h)] (n) Section 76-6-302, aggravated robbery;
120          [(i)] (o) Section 76-10-508.1, felony discharge of a firearm;
121          [(j) an offense other than an offense listed in Subsections (4)(a) through (i) involving
122     the use of a dangerous weapon:]
123          [(i) if the offense would be a felony had an adult committed the offense; and]
124          [(ii) the juvenile offender has been previously adjudicated or convicted of an offense
125     involving the use of a dangerous weapon that would have been a felony had an adult committed
126     the offense; or]
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          [(k)] (q) an offense other than an offense listed in Subsections (4)(a) through [(j)] (p)
132     and the [minor] juvenile offender has been previously committed to the custody of the Division
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     [who]:
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 [of age] old;
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          [(i)] (A) a Utah resident; or
205          [(ii)] (B) not a Utah resident, but who, in any 12-month period, is in this state for a
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[,]; or

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[,]; or
218          (B) who is a student in this state[,]; and
219          (ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
220     substantially equivalent offense in another jurisdiction[,]; or
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 [delinquent based on] under Section 78A-6-117 for one or
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 [30 days prior to] until 30 days
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 [of age] old, if the offense is committed on or after May 10, 2011;
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          [(i)] (A) a Utah resident; or
298          [(ii)] (B) not a Utah resident, but who, in any 12-month period, is in this state for a
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[,]; or

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[,]; or
314          (B) who is, as a result of the conviction, [is] required to register in the individual's
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 [delinquent based on] under Section 78A-6-117 for one or
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 [30 days prior to] until 30 days
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          [(1)] (2) "Qualifying offense" means an offense described in Subsection
660     78A-6-703.3(1) or (2)(b).
661          [(2)] (3) "Separate offense" means any offense that is not a qualifying offense.
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 [until the district court determines
681     where the minor will be held until the time of trial if:].
682          [(a) the minor is 16 or 17 years old; and]
683          [(b) the minor is arrested for aggravated murder or murder.]
684          [(4) In considering where a minor will be detained until the time of trial, the district
685     court shall consider:]
686          [(a) the age of the minor;]
687          [(b) the nature, seriousness, and circumstances of the alleged offense;]
688          [(c) the minor's history of prior criminal acts;]
689          [(d) whether detention in a juvenile detention facility will adequately serve the need for
690     community protection pending the outcome of any criminal proceedings;]
691          [(e) the relative ability of the facility to meet the needs of the minor and protect the
692     public;]
693          [(f) the physical maturity of the minor;]
694          [(g) the current mental state of the minor as evidenced by relevant mental health or a
695     psychological assessment or screening that is made available to the court; and]
696          [(h) any other factors that the court considers relevant.]
697          [(5)] (b) A minor [ordered to a juvenile detention facility under Subsection (4)] held in
698     a juvenile detention facility under Subsection (3)(a) shall remain in the juvenile detention
699     facility:
700          [(a)] (i) until released by the district court; or
701          [(b)] (ii) if convicted, until sentencing.
702          [(6)] (4) If a minor is held in a juvenile detention facility under Subsection [(4)] (3)(a),
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          [(7)] (5) If [the minor ordered to] a minor held in a juvenile detention facility under
707     Subsection [(4)] (3)(a) attains the age of [18] 21 years old, the minor shall be transferred within

708     30 days to an adult jail until:
709          (a) released by the district court judge; or
710          (b) if convicted, sentencing.
711          [(8)] (6) If a minor is [ordered to] held in a juvenile detention facility under Subsection
712     [(4)] (3)(a) and the minor's conduct or condition endangers the safety or welfare of others in the
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          [(9)] (7) If a minor is charged for aggravated murder or murder in the district court
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          [(13) (a) At the time that a minor is bound over to the district court, the court shall
795     make an initial determination on where the minor is held until the time of trial.]
796          [(b) In determining where a minor is held until the time of trial, the court shall
797     consider:]
798          [(i) the age of the minor;]
799          [(ii) the minor's history of prior criminal acts;]
800          [(iii) whether detention in a juvenile detention facility will adequately serve the need

801     for community protection pending the outcome of any criminal proceedings;]
802          [(iv) the relative ability of the facility to meet the needs of the minor and protect the
803     public;]
804          [(v) the physical maturity of the minor;]
805          [(vi) the current mental state of the minor as evidenced by relevant mental health or
806     psychological assessments or screenings that are made available to the court; and]
807          [(vii) any other factors that the court considers relevant.]
808          [(14) If the court orders a minor to be detained in a juvenile detention facility under
809     Subsection (13), the minor shall remain in the facility:]
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          [(a)] (i) until released by a district court; or
816          [(b)] (ii) if convicted, until sentencing.
817          [(15)] (14) If [the court orders the minor to be detained] a minor is held in a juvenile
818     detention facility under Subsection (13) and the minor attains the age of [18] 21 years old while
819     detained at [the] a juvenile detention facility, the minor shall be transferred within 30 days to
820     an adult jail to remain:
821          (a) until released by the district court; or
822          (b) if convicted, until sentencing.
823          [(16)] (15) Except as provided in Subsection [(17)] (16) and Section 78A-6-705, if a
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          [(17)] (16) If a minor is bound over to the district court for a qualifying offense and the
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          [(3) (a) If a minor is bound over to the district court by the juvenile court, the district
845     court may reconsider the juvenile court's decision under Subsection 78A-6-703.5(13) as to
846     where the minor is being held until trial.]
847          [(b) If the district court reconsiders the juvenile court's decision as to where the minor
848     is held, the district court shall consider and make findings on:]
849          [(i) the age of the minor;]
850          [(ii) the minor's history of prior criminal acts;]
851          [(iii) whether detention in a juvenile detention facility will adequately serve the need
852     for community protection pending the outcome of any criminal proceedings;]
853          [(iv) the relative ability of the facility to meet the needs of the minor and protect the
854     public;]
855          [(v) the physical maturity of the minor;]
856          [(vi) the current mental state of the minor as evidenced by relevant mental health or
857     psychological assessments or screenings that are made available to the court; and]
858          [(vii) any other factors the court considers relevant.]
859          [(4) A minor who is ordered to a juvenile detention facility under Subsection (3) shall
860     remain in the facility:]
861          [(a) until released by a district court; or]
862          [(b) if convicted, until sentencing.]

863          [(5) If the district court orders the minor to be detained in a juvenile detention facility
864     under Subsection (3) and the minor attains the age of 18 while detained at the facility, the
865     minor shall be transferred within 30 days to an adult jail to remain:]
866          [(a) until released by the district court; or]
867          [(b) if convicted, until sentencing.]
868          [(6)] (3) If a minor is bound over to the district court and detained in a juvenile
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          [(7)] (4) If the district court obtains jurisdiction over a minor under Section
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          [(1) (a) Before sentencing a minor, who was bound over to the district court under
880     Section 78A-6-703.5 to be tried as an adult, to prison the district court shall request a report
881     from the Division of Juvenile Justice Services regarding the potential risk to other minors if the
882     minor were to be committed to the custody of the Division of Juvenile Justice Services.]
883          [(b) The Division of Juvenile Justice Services shall submit the requested report to the
884     district court as part of the pre-sentence report or as a separate report.]
885          [(2) If, after receiving the report described in Subsection (1),] (1) When sentencing a
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 [18] 21 years old, unless released earlier
891     from incarceration by the Board of Pardons and Parole.
892          [(3) The district court may order the minor committed directly to the custody of the
893     Department of Corrections if the court finds that:]

894          [(a) the minor would present an unreasonable risk to others while in the custody of the
895     Division of Juvenile Justice Services;]
896          [(b) the minor has previously been committed to a prison for adult offenders; or]
897          [(c) housing the minor in a secure facility operated by the Division of Juvenile Justice
898     Services would be contrary to the interests of justice.]
899          [(4)] (2) (a) The Division of Juvenile Justice Services shall adopt procedures by rule, in
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 [(2)] (1) to the
902     physical custody of the Department of Corrections.
903          (b) If, in accordance with the rules adopted under Subsection [(4)] (2)(a), the Division
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          [(5)] (3) (a) When a minor is committed to prison but [ordered by a district court to be]
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 [18] 21 years old, the Division of Juvenile Justice Services shall as soon
916     as reasonably possible, but not later than when the minor reaches [18] 21 years and 6 months
917     old, transfer the minor to the physical custody of the Department of Corrections.
918          [(6)] (4) Upon the commitment of a minor to the custody of the Division of Juvenile
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          [(7)] (5) The Youth Parole Authority [may] shall:
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 [may]
926          (b) forward to the Board of Pardons and Parole any information or recommendations
927     concerning the minor.
928          [(8)] (6) Commitment of a minor under this section is a prison commitment for all
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 [80-6-901] 80-6-501, 80-6-901,
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          [(1)] (2) "Qualifying offense" means an offense described in Subsection 80-6-503 (1) or
1324     (2)(b).
1325          [(2)] (3) "Separate offense" means any offense that is not a qualifying offense.
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 [until the district court determines where the
1344     minor will be held until the time of trial if:].
1345          [(a) the minor is 16 or 17 years old; and]
1346          [(b) the minor is arrested for aggravated murder or murder.]
1347          [(4) In considering where a minor will be detained until the time of trial, the district
1348     court shall consider:]
1349          [(a) the age of the minor;]
1350          [(b) the nature, seriousness, and circumstances of the alleged offense;]
1351          [(c) the minor's history of prior criminal acts;]
1352          [(d) whether the minor being detained in a detention facility will adequately serve the
1353     need for community protection pending the outcome of any criminal proceedings;]
1354          [(e) the relative ability of the facility to meet the needs of the minor and protect the
1355     public;]
1356          [(f) the physical maturity of the minor;]
1357          [(g) the current mental state of the minor as evidenced by relevant mental health or a
1358     psychological assessment or screening that is made available to the district court; and]

1359          [(h) any other factors that the district court considers relevant.]
1360          [(5)] (b) A minor [ordered to a detention facility under Subsection (4)] held in a
1361     detention facility under Subsection (3)(a) shall remain in the facility:
1362          [(a)] (i) until released by the district court; or
1363          [(b)] (ii) if convicted, until sentencing.
1364          [(6)] (4) If a minor is held in a detention facility under Subsection [(4)] (3)(a), the
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          [(7) If the minor ordered to] (5) If a minor held in a detention facility under Subsection
1369     [(4)] (3)(a) attains the age of [18] 21 years old, the minor shall be transferred within 30 days to
1370     an adult jail until:
1371          (a) released by the district court; or
1372          (b) if convicted, sentencing.
1373          [(8)] (6) If a minor is [ordered to] held in a detention facility under Subsection [(4)]
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          [(9)] (7) If a minor is charged for aggravated murder or murder in the district court
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          [(13) (a) At the time that a minor is bound over to the district court, the juvenile court
1459     shall make an initial determination on where the minor is held until the time of trial.]
1460          [(b) In determining where a minor is held until the time of trial, the juvenile court shall
1461     consider:]
1462          [(i) the age of the minor;]
1463          [(ii) the minor's history of prior criminal acts;]
1464          [(iii) whether the minor being detained in a detention facility will adequately serve the
1465     need for community protection pending the outcome of any criminal proceedings;]
1466          [(iv) the relative ability of the facility to meet the needs of the minor and protect the
1467     public;]
1468          [(v) the physical maturity of the minor;]
1469          [(vi) the current mental state of the minor as evidenced by relevant mental health or
1470     psychological assessments or screenings that are made available to the juvenile court; and]
1471          [(vii) any other factors that the court considers relevant.]
1472          [(14) If the juvenile court orders a minor to be detained in a detention facility under
1473     Subsection (13), the minor shall remain in the detention facility:]
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 Boards of Pardon and Parole may not be held in a detention facility; and
1477          (b) the minor shall remain in the detention facility:
1478          [(a)] (i) until released by a district court; or
1479          [(b)] (ii) if convicted, until sentencing.
1480          [(15)] (14) If [the juvenile court orders the minor to be detained] a minor is held in a
1481     detention facility under Subsection (13) and the minor attains the age of [18] 21 years old while
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          [(16)] (15) Except as provided in Subsection [(17)] (16) and Section 80-6-507, if a
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          [(17)] (16) If a minor is bound over to the district court for a qualifying offense and the
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          [(3) (a) If a minor is bound over to the district court by the juvenile court, the district
1508     court may reconsider the juvenile court's decision under Subsection 80-6-504 (13) as to where
1509     the minor is being held until trial.]
1510          [(b) If the district court reconsiders the juvenile court's decision as to where the minor
1511     is held, the district court shall consider and make findings on:]
1512          [(i) the age of the minor;]
1513          [(ii) the minor's history of prior criminal acts;]

1514          [(iii) whether the minor being detained in a detention facility will adequately serve the
1515     need for community protection pending the outcome of any criminal proceedings;]
1516          [(iv) the relative ability of the detention facility to meet the needs of the minor and
1517     protect the public;]
1518          [(v) the physical maturity of the minor;]
1519          [(vi) the current mental state of the minor as evidenced by relevant mental health or
1520     psychological assessments or screenings that are made available to the district court; and]
1521          [(vii) any other factors the district court considers relevant.]
1522          [(4) A minor who is ordered to a detention facility under Subsection (3) shall remain in
1523     the facility:]
1524          [(a) until released by a district court; or]
1525          [(b) if convicted, until sentencing.]
1526          [(5) If the district court orders the minor to be detained in a detention facility under
1527     Subsection (3) and the minor attains the age of 18 while detained at the detention facility, the
1528     minor shall be transferred within 30 days to an adult jail to remain:]
1529          [(a) until released by the district court; or]
1530          [(b) if convicted, until sentencing.]
1531          [(6)] (3) If a minor is bound over to the district court and detained in a detention
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          [(7)] (4) If the district court obtains jurisdiction over a minor under Section 80-6-504 ,
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          [(1) (a) Before sentencing a minor, who was bound over to the district court under
1543     Section 80-6-504 to be tried as an adult, to prison, the district court shall request a report from
1544     the division regarding the potential risk to other minors if the minor were to be committed to

1545     the division .]
1546          [(b) The division shall submit the requested report to the district court as part of the
1547     presentence report or as a separate report.]
1548          [(2) If, after receiving the report described in Subsection (1),] (1) When sentencing a
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 [18] 21 years old, unless released earlier from incarceration by the Board of Pardons
1554     and Parole.
1555          [(3) The district court may order the minor committed directly to the legal and physical
1556     custody of the Department of Corrections if the district court finds that:]
1557          [(a) the minor would present an unreasonable risk to others while in the custody of the
1558     division ;]
1559          [(b) the minor has previously been committed to a prison for adult offenders; or]
1560          [(c) housing the minor in a secure care facility would be contrary to the interests of
1561     justice.]
1562          [(4)] (2) (a) The division shall adopt procedures by rule, in accordance with Title 63G,
1563     Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor
1564     provisionally housed in a secure care facility under Subsection [(2)] (1) to the physical custody
1565     of the Department of Corrections.
1566          (b) If, in accordance with the rules adopted under Subsection [(4)] (2)(a), the division
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          [(5)] (3) (a) When a minor is committed to prison but [ordered by a district court to be]
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     [18] 21 years old, the division shall as soon as reasonably possible, but not later than when the
1577     minor reaches [18] 21 years and 6 months old, transfer the minor to the physical custody of the
1578     Department of Corrections.
1579          [(6)] (4) Upon the commitment of a minor to the custody of the division or the
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          [(7)] (5) The authority [may] shall:
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 [may]
1586          (b) forward to the Board of Pardons and Parole any information or recommendations
1587     concerning the minor.
1588          [(8)] (6) Commitment of a minor under this section is a prison commitment for all
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 [a felony violation of]:
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 75-5-206, 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          [(d)] (j) Section 76-5-302, aggravated kidnapping;
1659          [(e)] (k) Section 76-5-405, aggravated sexual assault;
1660          [(f)] (l) a felony violation of Section 76-6-103, aggravated arson;
1661          [(g)] (m) Section 76-6-203, aggravated burglary;
1662          [(h)] (n) Section 76-6-302, aggravated robbery;
1663          [(i)] (o) Section 76-10-508.1, felony discharge of a firearm;
1664          [(j) an offense other than an offense listed in Subsections (4)(a) through (i) involving
1665     the use of a dangerous weapon:]
1666          [(i) if the offense would be a felony had an adult committed the offense; and]
1667          [(ii) the juvenile offender has been previously adjudicated or convicted of an offense
1668     involving the use of a dangerous weapon that would have been a felony had an adult committed

1669     the offense; or]
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          [(k)] (q) an offense other than an offense listed in Subsections (4)(a) through [(j)] (p)
1675     and the [minor] juvenile offender has been previously committed to the division for secure
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.