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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the age that a minor housed in a detention facility awaiting trial is
13 transferred to an adult jail;
14 ▸ requires a minor who is committed to prison by a district court be provisionally
15 housed with the Division of Juvenile Justice Services until the minor is 25 years
16 old;
17 ▸ addresses retroactive application of provisions regarding minors held in detention
18 facilities while awaiting trial in the district court or while serving a prison
19 commitment; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 80-6-502, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
28 80-6-504, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
29 80-6-507, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 80-6-502 is amended to read:
33 80-6-502. Criminal information for a minor in district court.
34 (1) If a prosecuting attorney charges a minor with aggravated murder under Section
35 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
36 information in the district court if the minor was the principal actor in an offense and the
37 criminal information alleges:
38 (a) the minor was 16 or 17 years old at the time of the offense; and
39 (b) the offense for which the minor is being charged is:
40 (i) [
41 (ii) [
42 (2) If the prosecuting attorney files a criminal information in the district court in
43 accordance with Subsection (1), the district court shall try the minor as an adult, except:
44 (a) the minor is not subject to a sentence of death in accordance with Subsection
45 76-3-206(2)(b); and
46 (b) the minor is not subject to a sentence of life without parole in accordance with
47 Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
48 (3) (a) Except for a minor who is subject to the authority of the Board of Pardons and
49 Parole, a minor charged with aggravated murder or murder under Subsection (1) shall be held
50 in a detention facility.
51 (b) A minor held in a detention facility under Subsection (3)(a) shall remain in the
52 facility:
53 (i) until released by the district court; or
54 (ii) if convicted, until sentencing.
55 (4) If a minor is held in a detention facility under Subsection (3)(a), the district court
56 shall:
57 (a) advise the minor of the right to bail; and
58 (b) set initial bail in accordance with Title 77, Chapter 20, Bail.
59 (5) (a) If a minor held in a detention facility under Subsection (3)(a) attains the age of
60 [
61 (i) be transferred within 30 days to an adult jail; and
62 (ii) remain in the adult jail until:
63 [
64 [
65 (b) Subsection (5)(a) applies to any minor who is being held in a detention facility as
66 described in Subsection (3)(a) on or after May 4, 2022.
67 (6) If a minor is held in a detention facility under Subsection (3)(a) and the minor's
68 conduct or condition endangers the safety or welfare of others in the detention facility, the
69 district court may find that the minor shall be detained in another place of confinement
70 considered appropriate by the district court, including a jail or an adult facility for pretrial
71 confinement.
72 (7) If a minor is charged for aggravated murder or murder in the district court under
73 this section, and all charges for aggravated murder or murder result in an acquittal, a finding of
74 not guilty, or a dismissal:
75 (a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
76 and
77 (b) the division gains jurisdiction over the minor.
78 Section 2. Section 80-6-504 is amended to read:
79 80-6-504. Preliminary hearing -- Grounds for transfer -- Detention of a minor
80 bound over to the district court .
81 (1) If a prosecuting attorney files a criminal information in accordance with Section
82 80-6-503 , the juvenile court shall conduct a preliminary hearing to determine whether a minor
83 should be bound over to the district court for a qualifying offense.
84 (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
85 the burden of establishing:
86 (a) probable cause to believe that a qualifying offense was committed and the minor
87 committed that offense; and
88 (b) by a preponderance of the evidence, that it is contrary to the best interests of the
89 minor and the public for the juvenile court to retain jurisdiction over the offense.
90 (3) In making a determination under Subsection (2)(b), the juvenile court shall consider
91 and make findings on:
92 (a) the seriousness of the qualifying offense and whether the protection of the
93 community requires that the minor is detained beyond the amount of time allowed under
94 Subsection 80-6-802(1) , or beyond the age of continuing jurisdiction that the juvenile court
95 may exercise under Section 80-6-605 ;
96 (b) the extent to which the minor's actions in the qualifying offense were committed in
97 an aggressive, violent, premeditated, or willful manner;
98 (c) the minor's mental, physical, educational, trauma, and social history;
99 (d) the criminal record or history of the minor; and
100 (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
101 are available to the juvenile court.
102 (4) The amount of weight that each factor in Subsection (3) is given is in the juvenile
103 court's discretion.
104 (5) (a) The juvenile court may consider any written report or other material that relates
105 to the minor's mental, physical, educational, trauma, and social history.
106 (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
107 the juvenile court shall require the person preparing the report, or other material, under
108 Subsection (5)(a) to appear and be subject to direct and cross-examination.
109 (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
110 call witnesses, cross-examine witnesses, and present evidence on the factors described in
111 Subsection (3).
112 (7) (a) A proceeding before the juvenile court related to a charge filed under this part
113 shall be conducted in conformity with the Utah Rules of Juvenile Procedure.
114 (b) Sections 80-6-602, 80-6-603, and 80-6-604 are applicable to the preliminary
115 hearing under this section.
116 (8) If the juvenile court finds that the prosecuting attorney has met the burden of proof
117 under Subsection (2), the juvenile court shall bind the minor over to the district court to be held
118 for trial.
119 (9) (a) If the juvenile court finds that a qualifying offense has been committed by a
120 minor, but the prosecuting attorney has not met the burden of proof under Subsection (2)(b),
121 the juvenile court shall:
122 (i) proceed upon the criminal information as if the information were a petition under
123 Section 80-6-305 ;
124 (ii) release or detain the minor in accordance with Section 80-6-207 ; and
125 (iii) proceed with an adjudication for the minor in accordance with this chapter.
126 (b) If the juvenile court finds that the prosecuting attorney has not met the burden
127 under Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file
128 a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the
129 minor is 25 years old in accordance with Section 80-6-605.
130 (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
131 criminal information as the qualifying offense if the qualifying offense and separate offense
132 arise from a single criminal episode.
133 (b) If the prosecuting attorney charges a minor with a separate offense as described in
134 Subsection (10)(a):
135 (i) the prosecuting attorney shall have the burden of establishing probable cause to
136 believe that the separate offense was committed and the minor committed the separate offense;
137 and
138 (ii) if the prosecuting attorney establishes probable cause for the separate offense under
139 Subsection (10)(b)(i) and the juvenile court binds the minor over to the district court for the
140 qualifying offense, the juvenile court shall also bind the minor over for the separate offense to
141 the district court.
142 (11) If a grand jury indicts a minor for a qualifying offense:
143 (a) the prosecuting attorney does not need to establish probable cause under Subsection
144 (2)(a) for the qualifying offense and any separate offense included in the indictment; and
145 (b) the juvenile court shall proceed with determining whether the minor should be
146 bound over to the district court for the qualifying offense and any separate offense included in
147 the indictment in accordance with Subsections (2)(b) and (3).
148 (12) If a minor is bound over to the district court, the juvenile court shall:
149 (a) issue a criminal warrant of arrest for the minor to be held in a detention facility;
150 (b) advise the minor of the right to bail; and
151 (c) set initial bail in accordance with Title 77, Chapter 20, Bail.
152 (13) If the juvenile court orders the minor to be detained until the time of trial:
153 (a) the minor shall be held in a detention facility, except that a minor who is subject to
154 the authority of the Board of Pardons and Parole may not be held in a detention facility; and
155 (b) the minor shall remain in the detention facility:
156 (i) until released by a district court; or
157 (ii) if convicted, until sentencing.
158 (14) (a) If a minor is held in a detention facility under Subsection (13) and the minor
159 attains the age of [
160 (i) be transferred within 30 days to an adult jail [
161 (ii) remain in the adult jail until:
162 [
163 [
164 (b) Subsection (14)(a) applies to any minor being held in a detention facility as
165 described in Subsection (13) on or after May 4, 2022.
166 (15) Except as provided in Subsection (16) and Section 80-6-507, if a minor is bound
167 over to the district court under this section, the jurisdiction of the division and the juvenile
168 court over the minor is terminated for the qualifying offense and any other separate offense for
169 which the minor is bound over.
170 (16) If a minor is bound over to the district court for a qualifying offense and the
171 qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:
172 (a) the juvenile court regains jurisdiction over any separate offense committed by the
173 minor; and
174 (b) the division regains jurisdiction over the minor.
175 Section 3. Section 80-6-507 is amended to read:
176 80-6-507. Commitment of a minor by a district court .
177 (1) (a) [
178 not appropriate and commitment to prison is an appropriate sentence when sentencing a minor:
179 [
180 [
181 minor reaches [
182 Pardons and Parole.
183 (b) Subsection (1) applies to any minor being provisionally housed in a secure care
184 facility as described in Subsection (1)(a) on or after May 4, 2022.
185 (2) (a) The division shall adopt procedures by rule, in accordance with Title 63G,
186 Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor
187 provisionally housed in a secure care facility under Subsection (1) to the physical custody of
188 the Department of Corrections.
189 (b) If, in accordance with the rules adopted under Subsection (2)(a), the division
190 determines that housing the minor in a secure care facility presents an unreasonable risk to
191 others or that it is not in the best interest of the minor, the division shall transfer the physical
192 custody of the minor to the Department of Corrections.
193 (3) (a) When a minor is committed to prison but provisionally housed in a secure care
194 facility under this section, the district court and the division shall immediately notify the Board
195 of Pardons and Parole so that the minor may be scheduled for a hearing according to board
196 procedures.
197 (b) If a minor who is provisionally housed in a secure care facility under this section
198 has not been paroled or otherwise released from incarceration by the time the minor reaches
199 [
200 minor reaches [
201 Department of Corrections.
202 (4) Upon the commitment of a minor to the custody of the division or the Department
203 of Corrections under this section, the Board of Pardons and Parole has authority over the minor
204 for purposes of parole, pardon, commutation, termination of sentence, remission of fines or
205 forfeitures, orders of restitution, and all other purposes authorized by law.
206 (5) The authority shall:
207 (a) hold hearings, receive reports, or otherwise keep informed of the progress of a
208 minor in the custody of the division under this section; and
209 (b) forward to the Board of Pardons and Parole any information or recommendations
210 concerning the minor.
211 (6) Commitment of a minor under this section is a prison commitment for all
212 sentencing purposes.