Representative V. Lowry Snow proposes the following substitute bill:


1     
JUVENILE JUSTICE CHANGES

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to juvenile justice.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to teen substance abuse programs;
13          ▸     amends and clarifies the jurisdiction of the district court, juvenile court, and justice
14     court over certain offenses;
15          ▸     amends definitions related to juvenile justice;
16          ▸     amends the responsibilities of the Division of Juvenile Justice Services to address
17     an initial medical screening or assessment of a child in detention;
18          ▸     requires a minor to be advised of the minor's rights in detention;
19          ▸     clarifies bail in relation to minors;
20          ▸     requires a minor to be advised of the minor's rights in a delinquency proceeding;
21          ▸     address the placement of a child or the appointment of a guardian for a child if a
22     delinquency petition is filed;
23          ▸     amends provisions related to restitution ordered by the juvenile court for minors;
24          ▸     clarifies the suspension of a disposition for a minor committed to the Division of
25     Juvenile Justice Services;

26          ▸     amends provisions relating to the juvenile court's continuing jurisdiction over an
27     adjudicated minor;
28          ▸     clarifies the extension of supervision over a minor who has not completed
29     compensatory or community service hours;
30          ▸     addresses the continuing jurisdiction of the juvenile court over a minor's case when
31     a minor has not paid restitution in full;
32          ▸     requires an individual in a secure care facility to be advised of certain rights; and
33          ▸     makes technical and conforming changes.
34     Money Appropriated in this Bill:
35          None
36     Other Special Clauses:
37          This bill provides a coordination clause.     
38     Utah Code Sections Affected:
39     AMENDS:
40          62A-15-202, as last amended by Laws of Utah 2008, Chapter 3
41          62A-15-204, as last amended by Laws of Utah 2021, Chapter 262
42          78A-5-101, as renumbered and amended by Laws of Utah 2008, Chapter 3
43          78A-5-102, as last amended by Laws of Utah 2021, Chapter 262
44          78A-6-103, as last amended by Laws of Utah 2021, Chapter 261
45          78A-6-103.5, as enacted by Laws of Utah 2021, Chapter 261
46          78A-6-120, as last amended by Laws of Utah 2021, Chapter 261
47          78A-7-106, as last amended by Laws of Utah 2021, Chapter 262
48          80-1-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
49          80-5-201, as renumbered and amended by Laws of Utah 2021, Chapter 261
50          80-5-302, as renumbered and amended by Laws of Utah 2021, Chapter 261
51          80-6-102, as enacted by Laws of Utah 2021, Chapter 261
52          80-6-205, as enacted by Laws of Utah 2021, Chapter 261
53          80-6-206, as enacted by Laws of Utah 2021, Chapter 261 and last amended by
54     Coordination Clause, Laws of Utah 2021, Chapter 261
55          80-6-207, as renumbered and amended by Laws of Utah 2021, Chapter 261
56          80-6-302, as renumbered and amended by Laws of Utah 2021, Chapter 261

57          80-6-303, as renumbered and amended by Laws of Utah 2021, Chapter 261
58          80-6-501, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
59          80-6-502, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
60          80-6-504, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
61          80-6-505, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
62          80-6-603, as enacted by Laws of Utah 2021, Chapter 261
63          80-6-606, as enacted by Laws of Utah 2021, Chapter 261
64          80-6-709, as enacted by Laws of Utah 2021, Chapter 261
65          80-6-710, as enacted by Laws of Utah 2021, Chapter 261
66          80-6-711, as enacted by Laws of Utah 2021, Chapter 261
67          80-6-712, as enacted by Laws of Utah 2021, Chapter 261
68          80-6-802, as renumbered and amended by Laws of Utah 2021, Chapter 261
69          80-6-804, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
70     ENACTS:
71          78A-5-102.5, Utah Code Annotated 1953
72     Utah Code Sections Affected by Coordination Clause:
73          80-6-206, as enacted by Laws of Utah 2021, Chapter 261 and last amended by
74     Coordination Clause, Laws of Utah 2021, Chapter 261
75     

76     Be it enacted by the Legislature of the state of Utah:
77          Section 1. Section 62A-15-202 is amended to read:
78          62A-15-202. Definitions.
79          As used in this part:
80          (1) "Juvenile substance abuse offender" means any [juvenile found to come within the
81     provisions of Section 78A-6-103 for a drug or alcohol related offense, as designated by the
82     Board of Juvenile Court Judges] minor who has committed a drug or alcohol related offense
83     under the jurisdiction of the juvenile court in accordance with Section 78A-6-103.
84          (2) "Local substance abuse authority" means a county legislative body designated to
85     provide substance abuse services in accordance with Section 17-43-201.
86          (3) "Minor" means the same as that term is defined in Section 80-1-102.
87          [(3)] (4) "Teen substance abuse school" means any school established by the local

88     substance abuse authority, in cooperation with the Board of Juvenile Court Judges, that
89     provides an educational, interpersonal, skill-building experience for juvenile substance abuse
90     offenders and their parents or legal guardians.
91          Section 2. Section 62A-15-204 is amended to read:
92          62A-15-204. Court order to attend substance abuse school -- Assessments.
93          (1) In addition to any other disposition ordered by the juvenile court under Section
94     [80-3-405 or] 80-6-701, the court may order [a juvenile and his parents or legal guardians]:
95          (a) a minor and the minor's parent or legal guardian to attend a teen substance abuse
96     school[, and order]; and
97          (b) payment of an assessment in addition to any other fine imposed.
98          (2) All assessments collected shall be forwarded to the county treasurer of the county
99     where the [juvenile] minor resides, to be used exclusively for the operation of a teen substance
100     abuse program.
101          Section 3. Section 78A-5-101 is amended to read:
102          78A-5-101. State District Court Administrative System -- Definitions.
103          (1) As used in this chapter:
104          (a) "Court system" means the State District Court Administrative System.
105          (b) "Single criminal episode" means the same as that term is defined in Section
106     76-1-401.
107          [(1)] (2) (a) The district court is a trial court of general jurisdiction.
108          (b) A district court shall be located in the county seat of each county.
109          [(2)] (3) (a) There is established a State District Court Administrative System.
110          (b) The Judicial Council shall administer the operation of the court system.
111          [(3) In this chapter, "court system" means the State District Court Administrative
112     System.]
113          [(4) A district court shall be located in the county seat of each county.]
114          Section 4. Section 78A-5-102 is amended to read:
115          78A-5-102. Jurisdiction of the district court -- Appeals.
116          [(1) As used in this section:]
117          [(a) "Qualifying offense" means an offense described in Subsection 80-6-502(1)(b).]
118          [(b) "Separate offense" means any offense that is not a qualifying offense.]

119          [(c) "Single criminal episode" means the same as that term is defined in Section
120     76-1-401.]
121          [(2)] (1) Except as otherwise provided by the Utah Constitution or by statute, the
122     district court has original jurisdiction in all matters civil and criminal.
123          [(3)] (2) A district court judge may issue all extraordinary writs and other writs
124     necessary to carry into effect the district court judge's orders, judgments, and decrees.
125          [(4)] (3) The district court has jurisdiction over matters of lawyer discipline consistent
126     with the rules of the Supreme Court.
127          [(5)] (4) The district court has jurisdiction over all matters properly filed in the circuit
128     court prior to July 1, 1996.
129          [(6)] (5) The district court has appellate jurisdiction over judgments and orders of the
130     justice court as outlined in Section 78A-7-118 and small claims appeals filed in accordance
131     with Section 78A-8-106.
132          [(7)] (6) Jurisdiction over appeals from the final orders, judgments, and decrees of the
133     district court is described in Sections 78A-3-102 and 78A-4-103.
134          [(8)] (7) The district court has jurisdiction to review:
135          (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4,
136     Administrative Procedures Act, and shall comply with the requirements of that chapter in [its]
137     the district court's review of agency adjudicative proceedings; and
138          (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
139          [(9)] (8) Notwithstanding Section 78A-7-106, the district court has original jurisdiction
140     over[: (a)] a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
141     ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
142          [(i)] (a) there is no justice court with territorial jurisdiction;
143          [(ii)] (b) the offense occurred within the boundaries of the municipality in which the
144     district courthouse is located and that municipality has not formed, or has not formed and then
145     dissolved, a justice court; or
146          [(iii)] (c) the offense is included in an indictment or information covering a single
147     criminal episode alleging the commission of a felony or a class A misdemeanor by an
148     individual who is 18 years old or older [; or].
149          [(b) a qualifying offense committed by an individual who is 16 or 17 years old.]

150          [(10) (a) Notwithstanding Subsection 78A-7-106(2), the district court has exclusive
151     jurisdiction over any separate offense:]
152          [(i) committed by an individual who is 16 or 17 years old; and]
153          [(ii) arising from a single criminal episode containing a qualifying offense for which
154     the district court has original jurisdiction under Subsection (9)(b).]
155          [(b) If an individual who is charged with a qualifying offense enters a plea to, or is
156     found guilty of, a separate offense other than the qualifying offense, the district court shall have
157     jurisdiction over the separate offense.]
158          [(c) If an individual who is 16 or 17 years old is charged with a qualifying offense and
159     the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal, the
160     exclusive jurisdiction of the district court over any separate offense is terminated.]
161          [(11)] (9) If a district court has jurisdiction in accordance with Subsection [(6),
162     (9)(a)(i), or (9)(a)(ii)] (5), (8)(a), or (8)(b), the district court has jurisdiction over an offense
163     listed in Subsection 78A-7-106(2) even if the offense is committed by an individual who is 16
164     or 17 years old.
165          [(12) The district court has subject matter jurisdiction over an offense for which the
166     juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
167     offense to the district court in accordance with Section 80-6-504.]
168          [(13)] (10) The district court has subject matter jurisdiction over an action under Title
169     78B, Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
170     district court.
171          Section 5. Section 78A-5-102.5 is enacted to read:
172          78A-5-102.5. Jurisdiction of the district court over an offense committed by a
173     minor -- Exclusive jurisdiction of the district court -- Transfer to juvenile court.
174          (1) As used in this section:
175          (a) "Minor" means:
176          (i) an individual who is under 18 years old;
177          (ii) an individual who was under 18 years old at the time of the offense and is under 21
178     years old at the time of all court proceedings; or
179          (iii) an individual:
180          (A) who was 18 years old and enrolled in high school at the time of the offense;

181          (B) who is under 21 years old at the time of all court proceedings; and
182          (C) who committed the felony offense and any separate offense on school property
183     where the individual was enrolled when school was in session or during a school-sponsored
184     activity, as defined in Subsection 53G-8-211(1)(k).
185          (b) "Qualifying offense" means:
186          (i) an offense described in Section 80-6-502 or 80-6-503; or
187          (ii) a felony offense if the felony offense is committed:
188          (A) by an individual who was 18 years old at the time of the offense and enrolled in
189     high school; and
190          (B) on school property where the individual was enrolled when school was in session
191     or during a school-sponsored activity, as defined in Subsection 53G-8-211(1)(k).
192          (c) "Separate offense" means any offense that is not a qualifying offense.
193          (2) The district court has original jurisdiction over an offense of aggravated murder, as
194     described in Section 76-5-202, or murder, as described in Section 76-5-203, that is committed
195     by an individual who is 16 or 17 years old at the time of the offense.
196          (3) The district court has subject matter jurisdiction over any offense for which the
197     juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
198     offense to the district court in accordance with Section 80-6-504.
199          (4) Notwithstanding Sections 78A-6-103, 78A-6-103.5, and 78A-7-106, the district
200     court has exclusive jurisdiction over any separate offense:
201          (a) committed by a minor; and
202          (b) arising from a single criminal episode containing a qualifying offense for which the
203     district court has original jurisdiction.
204          (5) Except as provided in Subsections (6) and (7), if the district court has jurisdiction
205     over a qualifying offense or a separate offense committed by a minor, the district court is not
206     divested of jurisdiction over the offense when the minor is allowed to enter a plea to, or is
207     found guilty of, a separate offense that is not the qualifying offense or separate offense listed in
208     the criminal information.
209          (6) If a minor is charged with a qualifying offense and the qualifying offense results in
210     an acquittal, a finding of not guilty, or a dismissal after a trial:
211          (a) the jurisdiction of the district court over any separate offense is terminated; and

212          (b) the district court shall transfer the separate offense to the juvenile court for
213     disposition in accordance with Title 80, Chapter 6, Part 7, Adjudication and Disposition.
214          (7) If a minor is charged with a qualifying offense and the qualifying offense results in
215     a dismissal before a trial:
216          (a) the jurisdiction of the district court over any separate offense is terminated; and
217          (b) the district court shall transfer the separate offense to the juvenile court for
218     adjudication and disposition in accordance with Title 80, Chapter 6, Part 7, Adjudication and
219     Disposition.
220          Section 6. Section 78A-6-103 is amended to read:
221          78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
222     Findings -- Transfer of a case from another court.
223          (1) Except as otherwise provided by [Subsections 78A-5-102(9), 78A-5-102(10), and
224     78A-7-106(2)] Sections 78A-5-102.5 and 78A-7-106, the juvenile court has original
225     jurisdiction over:
226          (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
227     state, or federal law, that was committed by a child; [and]
228          (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
229     state, or federal law, that was committed by an individual:
230          (i) who is under 21 years old at the time of all court proceedings; and
231          (ii) who was under 18 years old at the time the offense was committed[.]; and
232          (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
233     law, that was committed:
234          (i) by an individual:
235          (A) who was 18 years old and enrolled in high school at the time of the offense; and
236          (B) who is under 21 years old at the time of all court proceedings; and
237          (ii) on school property where the individual was enrolled:
238          (A) when school was in session; or
239          (B) during a school-sponsored activity, as defined in Subsection 53G-8-211(1)(k).
240          (2) The juvenile court has original jurisdiction over any proceeding concerning:
241          (a) a child who is an abused child, neglected child, or dependent child;
242          (b) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child

243     Protective Orders;
244          (c) the appointment of a guardian of the individual or other guardian of a minor who
245     comes within the court's jurisdiction under other provisions of this section;
246          (d) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
247          (e) the termination of parental rights in accordance with Title 80, Chapter 4,
248     Termination and Restoration of Parental Rights, including termination of residual parental
249     rights and duties;
250          (f) the treatment or commitment of a minor who has an intellectual disability;
251          (g) the judicial consent to the marriage of a minor who is 16 or 17 years old in
252     accordance with Section 30-1-9;
253          (h) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
254          (i) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
255          (j) the treatment or commitment of a child with a mental illness;
256          (k) the commitment of a child to a secure drug or alcohol facility in accordance with
257     Section 62A-15-301;
258          (l) a minor found not competent to proceed in accordance with Title 80, Chapter 6, Part
259     4, Competency;
260          (m) de novo review of final agency actions resulting from an informal adjudicative
261     proceeding as provided in Section 63G-4-402;
262          (n) adoptions conducted in accordance with the procedures described in Title 78B,
263     Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
264     terminating the rights of a parent and finds that adoption is in the best interest of the child;
265          (o) an ungovernable or runaway child who is referred to the juvenile court by the
266     Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
267     Juvenile Justice Services, the child has demonstrated that the child:
268          (i) is beyond the control of the child's parent, guardian, or custodian to the extent that
269     the child's behavior or condition endangers the child's own welfare or the welfare of others; or
270          (ii) has run away from home; and
271          (p) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult
272     alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to comply
273     with a promise to appear and bring a child to the juvenile court.

274          (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
275     law under Section 80-6-701, for the juvenile court to exercise jurisdiction under Subsection
276     (2)(p).
277          (4) This section does not restrict the right of access to the juvenile court by private
278     agencies or other persons.
279          (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
280     arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
281          (6) The juvenile court has jurisdiction to make a finding of substantiated,
282     unsubstantiated, or without merit, in accordance with Section 80-3-404.
283          (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
284     another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
285          Section 7. Section 78A-6-103.5 is amended to read:
286          78A-6-103.5. Exclusive jurisdiction of the juvenile court -- Transfer from district
287     court.
288          (1) Except as provided in Subsection (3), the juvenile court has exclusive jurisdiction
289     over a felony, misdemeanor, infraction, or violation of an ordinance:
290          (a) committed by a child and that arises from a single criminal episode containing an
291     offense for which:
292          (i) a citation, petition, indictment, or criminal information is filed; and
293          (ii) the court has original jurisdiction; and
294          (b) committed by an individual who is under 21 years old at the time of all court
295     proceedings, but committed before the individual was 18 years old, and that arises from a
296     single criminal episode containing an offense for which:
297          (i) a citation, petition, indictment, or criminal information is filed; and
298          (ii) the court has original jurisdiction.
299          (2) For purposes of this section, the juvenile court has jurisdiction over the following
300     offenses committed by an individual who is under 21 years old at the time of all court
301     proceedings, but was under 18 years old at the time the offense was committed:
302          (a) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
303     Reckless Driving; and
304          (b) an offense for operation in willful or wanton disregard for safety, as described in

305     Section 73-18-12.
306          (3) If a juvenile court transfers jurisdiction of an offense to the district court under
307     Section 80-6-504, the exclusive jurisdiction of the juvenile court over that offense is
308     terminated.
309          [(4) (a) As used in this Subsection (4):]
310          [(i) "Qualifying offense" means an offense described in Sections 80-6-502 and
311     80-6-503.]
312          [(ii) "Separate offense" means any offense that is not a qualifying offense.]
313          [(b) The juvenile court:]
314          [(i) regains exclusive jurisdiction over any separate offense described in Subsection (1)
315     if:]
316          [(A) the individual who is alleged to have committed the separate offense is bound
317     over to the district court for a qualifying offense under Section 80-6-504; and]
318          [(B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal;
319     and]
320          [(ii) gains exclusive jurisdiction over any separate offense described in Subsection (1)
321     if:]
322          [(A) the individual who is alleged to have committed the separate offense is charged
323     for a qualifying offense under Section 80-6-502 in the district court; and]
324          [(B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal
325     in the district court.]
326          (4) Upon entry of an order transferring an offense to the juvenile court in accordance
327     with Subsection 78A-5-102.5(6) or (7), the juvenile court gains or regains jurisdiction over any
328     offense for which the juvenile court has original or exclusive jurisdiction.
329          (5) After a district court transfers an offense to the juvenile court under Subsection
330     78A-5-102.5(6) or (7), the juvenile court shall:
331          (a) proceed upon the criminal information as if the criminal information were a petition
332     under Section 80-6-305; and
333          (b) if the minor was convicted of the transferred offense, enter the conviction as an
334     adjudication and proceed with disposition in accordance with Title 80, Chapter 6, Part 7,
335     Adjudication and Disposition.

336          (6) For purposes of this section and Section 78A-5-102.5, an offense transferred to the
337     juvenile court from the district court under Subsection 78A-5-102.5(6) or (7) is an adjudication
338     and not a conviction.
339          Section 8. Section 78A-6-120 is amended to read:
340          78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
341     of jurisdiction.
342          (1) Except as provided in Subsection (2), if the juvenile court obtains jurisdiction [of]
343     over a minor's case, the juvenile court's jurisdiction over the minor's case continues until:
344          (a) the minor is 21 years old; or
345          (b) if the juvenile court extends jurisdiction over the minor's case under Section
346     80-6-605, the minor is 25 years old.
347          (2) (a) [The] Except as provided in Subsection (2)(c), the juvenile court's continuing
348     jurisdiction under Subsection (1) terminates:
349          (i) upon order of the court;
350          (ii) upon an order for secure care under Section 80-6-705 ; or
351          (iii) in accordance with Section 80-6-712.
352          (b) The continuing jurisdiction of the juvenile court over a minor's case is not
353     terminated:
354          (i) by marriage; or
355          (ii) when a minor commits an offense under municipal, state, or federal law that is
356     under the jurisdiction of another court.
357          (c) [Notwithstanding Subsection (2)(a)(ii),] If a minor is ordered to secure care under
358     Section 80-6-705, the juvenile court retains jurisdiction to make and enforce orders related to
359     restitution until the Youth Parole Authority discharges the minor under Section 80-6-807.
360          Section 9. Section 78A-7-106 is amended to read:
361          78A-7-106. Jurisdiction.
362          (1) (a) [Except as otherwise provided by Subsection 78A-5-102(8)] Except for an
363     offense for which the district court has original jurisdiction under Subsection 78A-5-102(8) or
364     an offense for which the juvenile court has original jurisdiction under Subsection
365     78A-6-103(1)(c), a justice court has original jurisdiction over class B and C misdemeanors,
366     violation of ordinances, and infractions committed within the justice court's territorial

367     jurisdiction by an individual who is 18 years old or older.
368          (b) A justice court has original jurisdiction over the following offenses committed
369     within the justice court's territorial jurisdiction by an individual who is 18 years old or older:
370          (i) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
371     Licensing Act; and
372          (ii) class B and C misdemeanor and infraction violations of:
373          (A) Title 23, Wildlife Resources Code of Utah;
374          (B) Title 41, Chapter 1a, Motor Vehicle Act;
375          (C) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
376     Under the Influence and Reckless Driving;
377          (D) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
378     Operators Act;
379          (E) Title 41, Chapter 22, Off-Highway Vehicles;
380          (F) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
381          (G) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
382          (H) Title 73, Chapter 18b, Water Safety; and
383          (I) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators
384     Act.
385          (2) Except for an offense for which [the juvenile court or] the district court has
386     exclusive jurisdiction under [Subsection 78A-5-102(10) or] Section 78A-5-102.5 or an offense
387     for which the juvenile court has exclusive jurisdiction under Section 78A-6-103.5, a justice
388     court has original jurisdiction over the following offenses committed within the justice court's
389     territorial jurisdiction by an individual who is 16 or 17 years old:
390          (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
391     Licensing Act; and
392          (b) class B and C misdemeanor and infraction violations of:
393          (i) Title 23, Wildlife Resources Code of Utah;
394          (ii) Title 41, Chapter 1a, Motor Vehicle Act;
395          (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
396     Under the Influence and Reckless Driving ;
397          (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and

398     Operators Act;
399          (v) Title 41, Chapter 22, Off-Highway Vehicles;
400          (vi) Title 73, Chapter 18, State Boating Act, except for an offense under Section
401     73-18-12;
402          (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
403          (viii) Title 73, Chapter 18b, Water Safety; and
404          (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
405     Operators Act.
406          (3) (a) As used in this Subsection (3), "body of water" includes any stream, river, lake,
407     or reservoir, whether natural or man-made.
408          [(3)] (b) An offense is committed within the territorial jurisdiction of a justice court if:
409          [(a)] (i) conduct constituting an element of the offense or a result constituting an
410     element of the offense occurs within the court's jurisdiction, regardless of whether the conduct
411     or result is itself unlawful;
412          [(b)] (ii) either an individual committing an offense or a victim of an offense is located
413     within the court's jurisdiction at the time the offense is committed;
414          [(c)] (iii) either a cause of injury occurs within the court's jurisdiction or the injury
415     occurs within the court's jurisdiction;
416          [(d)] (iv) an individual commits any act constituting an element of an inchoate offense
417     within the court's jurisdiction, including an agreement in a conspiracy;
418          [(e)] (v) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another
419     individual in the planning or commission of an offense within the court's jurisdiction;
420          [(f)] (vi) the investigation of the offense does not readily indicate in which court's
421     jurisdiction the offense occurred, and:
422          [(i)] (A) the offense is committed upon or in any railroad car, vehicle, watercraft, or
423     aircraft passing within the court's jurisdiction;
424          [(ii) (A)] (B) the offense is committed on or in any body of water bordering on or
425     within this state if the territorial limits of the justice court are adjacent to the body of water;
426     [and]
427          [(B) as used in Subsection (3)(f)(ii)(A), "body of water" includes any stream, river,
428     lake, or reservoir, whether natural or man-made;]

429          [(iii)] (C) an individual who commits theft exercises control over the affected property
430     within the court's jurisdiction; or
431          [(iv)] (D) the offense is committed on or near the boundary of the court's jurisdiction;
432          [(g)] (vii) the offense consists of an unlawful communication that was initiated or
433     received within the court's jurisdiction; or
434          [(h)] (viii) jurisdiction is otherwise specifically provided by law.
435          (4) If in a criminal case the defendant is 16 or 17 years old, a justice court judge may
436     transfer the case to the juvenile court for further proceedings if the justice court judge
437     determines and the juvenile court concurs that the best interests of the defendant would be
438     served by the continuing jurisdiction of the juvenile court.
439          (5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
440     Small Claims Courts, if a defendant resides in or the debt arose within the territorial
441     jurisdiction of the justice court.
442          Section 10. Section 80-1-102 is amended to read:
443          80-1-102. Juvenile code definitions.
444          As used in this title:
445          (1) (a) "Abuse" means:
446          (i) (A) nonaccidental harm of a child;
447          (B) threatened harm of a child;
448          (C) sexual exploitation;
449          (D) sexual abuse; or
450          (E) human trafficking of a child in violation of Section 76-5-308.5; or
451          (ii) that a child's natural parent:
452          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
453     child;
454          (B) is identified by a law enforcement agency as the primary suspect in an investigation
455     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
456          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
457     recklessly causing the death of another parent of the child.
458          (b) "Abuse" does not include:
459          (i) reasonable discipline or management of a child, including withholding privileges;

460          (ii) conduct described in Section 76-2-401; or
461          (iii) the use of reasonable and necessary physical restraint or force on a child:
462          (A) in self-defense;
463          (B) in defense of others;
464          (C) to protect the child; or
465          (D) to remove a weapon in the possession of a child for any of the reasons described in
466     Subsections (1)(b)(iii)(A) through (C).
467          (2) "Abused child" means a child who has been subjected to abuse.
468          (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
469     facts alleged in the petition have been proved.
470          (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
471     with Section 80-6-402.
472          (4) (a) "Adult" means an individual who is 18 years old or older.
473          (b) "Adult" does not include an individual:
474          (i) who is 18 years old or older; and
475          (ii) who is a minor.
476          (5) "Attorney guardian ad litem" means the same as that term is defined in Section
477     78A-2-801.
478          (6) "Board" means the Board of Juvenile Court Judges.
479          (7) "Child" means an individual who is under 18 years old.
480          (8) "Child and family plan" means a written agreement between a child's parents or
481     guardian and the Division of Child and Family Services as described in Section 62A-4a-205.
482          (9) "Child placement agency" means:
483          (a) a private agency licensed to receive a child for placement or adoption under this
484     code; or
485          (b) a private agency that receives a child for placement or adoption in another state,
486     which is licensed or approved where such license or approval is required by law.
487          (10) "Clandestine laboratory operation" means the same as that term is defined in
488     Section 58-37d-3.
489          (11) "Commit" or "committed" means, unless specified otherwise:
490          (a) with respect to a child, to transfer legal custody; and

491          (b) with respect to a minor who is at least 18 years old, to transfer custody.
492          (12) "Community-based program" means a nonsecure residential or nonresidential
493     program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
494     restrictive setting, consistent with public safety, and operated by or under contract with the
495     Division of Juvenile Justice Services.
496          (13) "Community placement" means placement of a minor in a community-based
497     program described in Section 80-5-402.
498          (14) "Correctional facility" means:
499          (a) a county jail; or
500          (b) a secure correctional facility as defined in Section 64-13-1.
501          (15) "Criminogenic risk factors" means evidence-based factors that are associated with
502     a minor's likelihood of reoffending.
503          (16) "Department" means the Department of Human Services created in Section
504     62A-1-102.
505          (17) "Dependent child" or "dependency" means a child who is without proper care
506     through no fault of the child's parent, guardian, or custodian.
507          (18) "Deprivation of custody" means transfer of legal custody by the juvenile court
508     from a parent or a previous custodian to another person, agency, or institution.
509          (19) "Detention" means home detention or secure detention.
510          (20) "Detention risk assessment tool" means an evidence-based tool established under
511     Section 80-5-203 that:
512          (a) assesses a minor's risk of failing to appear in court or reoffending before
513     adjudication; and
514          (b) is designed to assist in making a determination of whether a minor shall be held in
515     detention.
516          (21) "Developmental immaturity" means incomplete development in one or more
517     domains that manifests as a functional limitation in the minor's present ability to:
518          (a) consult with counsel with a reasonable degree of rational understanding; and
519          (b) have a rational as well as factual understanding of the proceedings.
520          (22) "Disposition" means an order by a juvenile court, after the adjudication of a
521     minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.

522          (23) "Educational neglect" means that, after receiving a notice of compulsory education
523     violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
524     ensure that the child receives an appropriate education.
525          (24) "Educational series" means an evidence-based instructional series:
526          (a) obtained at a substance abuse program that is approved by the Division of
527     Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
528          (b) designed to prevent substance use or the onset of a mental health disorder.
529          (25) "Emancipated" means the same as that term is defined in Section 80-7-102.
530          (26) "Evidence-based" means a program or practice that has had multiple randomized
531     control studies or a meta-analysis demonstrating that the program or practice is effective for a
532     specific population or has been rated as effective by a standardized program evaluation tool.
533          (27) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
534          (28) "Formal probation" means a minor is:
535          (a) supervised in the community by, and reports to, a juvenile probation officer or an
536     agency designated by the juvenile court; and
537          (b) subject to return to the juvenile court in accordance with Section 80-6-607.
538          (29) "Group rehabilitation therapy" means psychological and social counseling of one
539     or more individuals in the group, depending upon the recommendation of the therapist.
540          (30) "Guardian" means a person appointed by a court to make decisions regarding a
541     minor, including the authority to consent to:
542          (a) marriage;
543          (b) enlistment in the armed forces;
544          (c) major medical, surgical, or psychiatric treatment; or
545          (d) legal custody, if legal custody is not vested in another individual, agency, or
546     institution.
547          (31) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
548          (32) "Harm" means:
549          (a) physical or developmental injury or damage;
550          (b) emotional damage that results in a serious impairment in the child's growth,
551     development, behavior, or psychological functioning;
552          (c) sexual abuse; or

553          (d) sexual exploitation.
554          (33) "Home detention" means placement of a minor:
555          (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
556     consent of the minor's parent, guardian, or custodian, under terms and conditions established by
557     the Division of Juvenile Justice Services or the juvenile court; or
558          (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
559     minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
560     custodian, under terms and conditions established by the Division of Juvenile Justice Services
561     or the juvenile court.
562          (34) (a) "Incest" means engaging in sexual intercourse with an individual whom the
563     perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
564     nephew, niece, or first cousin.
565          (b) "Incest" includes:
566          (i) blood relationships of the whole or half blood, without regard to legitimacy;
567          (ii) relationships of parent and child by adoption; and
568          (iii) relationships of stepparent and stepchild while the marriage creating the
569     relationship of a stepparent and stepchild exists.
570          (35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
571          (36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
572          (37) "Indigent defense service provider" means the same as that term is defined in
573     Section 78B-22-102.
574          (38) "Indigent defense services" means the same as that term is defined in Section
575     78B-22-102.
576          (39) "Indigent individual" means the same as that term is defined in Section
577     78B-22-102.
578          (40) (a) "Intake probation" means a minor is:
579          (i) monitored by a juvenile probation officer; and
580          (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
581          (b) "Intake probation" does not include formal probation.
582          (41) "Intellectual disability" means a significant subaverage general intellectual
583     functioning existing concurrently with deficits in adaptive behavior that constitutes a

584     substantial limitation to the individual's ability to function in society.
585          (42) "Juvenile offender" means:
586          (a) a serious youth offender; or
587          (b) a youth offender.
588          (43) "Juvenile probation officer" means a probation officer appointed under Section
589     78A-6-205.
590          (44) "Juvenile receiving center" means a nonsecure, nonresidential program established
591     by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
592     Justice Services, that is responsible for minors taken into temporary custody under Section
593     80-6-201.
594          (45) "Legal custody" means a relationship embodying:
595          (a) the right to physical custody of the minor;
596          (b) the right and duty to protect, train, and discipline the minor;
597          (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
598     medical care;
599          (d) the right to determine where and with whom the minor shall live; and
600          (e) the right, in an emergency, to authorize surgery or other extraordinary care.
601          (46) "Mental illness" means:
602          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
603     behavioral, or related functioning; or
604          (b) the same as that term is defined in:
605          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
606     published by the American Psychiatric Association; or
607          (ii) the current edition of the International Statistical Classification of Diseases and
608     Related Health Problems.
609          (47) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
610          (a) a child; or
611          (b) an individual:
612          (i) (A) who is at least 18 years old and younger than 21 years old; and
613          (B) for whom the Division of Child and Family Services has been specifically ordered
614     by the juvenile court to provide services because the individual was an abused, neglected, or

615     dependent child or because the individual was adjudicated for an offense; [or]
616          (ii) (A) who is at least 18 years old and younger than 25 years old; and
617          (B) whose case is under the [continuing jurisdiction of the juvenile court under Chapter
618     6, Juvenile Justice.] jurisdiction of the juvenile court in accordance with Subsection
619     78A-6-103(1)(b); or
620          (iii) (A) who is at least 18 years old and younger than 21 years old; and
621          (B) whose case is under the jurisdiction of the juvenile court in accordance with
622     Subsection 78A-6-103(1)(c).
623          (48) "Mobile crisis outreach team" means the same as that term is defined in Section
624     62A-15-102.
625          (49) "Molestation" means that an individual, with the intent to arouse or gratify the
626     sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
627     or the breast of a female child, or takes indecent liberties with a child as defined in Section
628     76-5-416.
629          (50) (a) "Natural parent" means a minor's biological or adoptive parent.
630          (b) "Natural parent" includes the minor's noncustodial parent.
631          (51) (a) "Neglect" means action or inaction causing:
632          (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
633     Relinquishment of a Newborn Child;
634          (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
635     guardian, or custodian;
636          (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
637     subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
638     well-being;
639          (iv) a child to be at risk of being neglected or abused because another child in the same
640     home is neglected or abused;
641          (v) abandonment of a child through an unregulated custody transfer; or
642          (vi) educational neglect.
643          (b) "Neglect" does not include:
644          (i) a parent or guardian legitimately practicing religious beliefs and who, for that
645     reason, does not provide specified medical treatment for a child;

646          (ii) a health care decision made for a child by the child's parent or guardian, unless the
647     state or other party to a proceeding shows, by clear and convincing evidence, that the health
648     care decision is not reasonable and informed;
649          (iii) a parent or guardian exercising the right described in Section 80-3-304; or
650          (iv) permitting a child, whose basic needs are met and who is of sufficient age and
651     maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
652     including:
653          (A) traveling to and from school, including by walking, running, or bicycling;
654          (B) traveling to and from nearby commercial or recreational facilities;
655          (C) engaging in outdoor play;
656          (D) remaining in a vehicle unattended, except under the conditions described in
657     Subsection 76-10-2202(2);
658          (E) remaining at home unattended; or
659          (F) engaging in a similar independent activity.
660          (52) "Neglected child" means a child who has been subjected to neglect.
661          (53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
662     probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the
663     consent in writing of:
664          (a) the assigned juvenile probation officer; and
665          (b) (i) the minor; or
666          (ii) the minor and the minor's parent, legal guardian, or custodian.
667          (54) "Not competent to proceed" means that a minor, due to a mental illness,
668     intellectual disability or related condition, or developmental immaturity, lacks the ability to:
669          (a) understand the nature of the proceedings against the minor or of the potential
670     disposition for the offense charged; or
671          (b) consult with counsel and participate in the proceedings against the minor with a
672     reasonable degree of rational understanding.
673          (55) "Parole" means a conditional release of a juvenile offender from residency in
674     secure care to live outside of secure care under the supervision of the Division of Juvenile
675     Justice Services, or another person designated by the Division of Juvenile Justice Services.
676          (56) "Physical abuse" means abuse that results in physical injury or damage to a child.

677          (57) (a) "Probation" means a legal status created by court order, following an
678     adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's
679     home under prescribed conditions.
680          (b) "Probation" includes intake probation or formal probation.
681          (58) "Prosecuting attorney" means:
682          (a) the attorney general and any assistant attorney general;
683          (b) any district attorney or deputy district attorney;
684          (c) any county attorney or assistant county attorney; and
685          (d) any other attorney authorized to commence an action on behalf of the state.
686          (59) "Protective custody" means the shelter of a child by the Division of Child and
687     Family Services from the time the child is removed from the home until the earlier of:
688          (a) the day on which the shelter hearing is held under Section 80-3-301; or
689          (b) the day on which the child is returned home.
690          (60) "Protective supervision" means a legal status created by court order, following an
691     adjudication on the ground of abuse, neglect, or dependency, whereby:
692          (a) the minor is permitted to remain in the minor's home; and
693          (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
694     by an agency designated by the juvenile court.
695          (61) (a) "Related condition" means a condition that:
696          (i) is found to be closely related to intellectual disability;
697          (ii) results in impairment of general intellectual functioning or adaptive behavior
698     similar to that of an intellectually disabled individual;
699          (iii) is likely to continue indefinitely; and
700          (iv) constitutes a substantial limitation to the individual's ability to function in society.
701          (b) "Related condition" does not include mental illness, psychiatric impairment, or
702     serious emotional or behavioral disturbance.
703          (62) (a) "Residual parental rights and duties" means the rights and duties remaining
704     with a parent after legal custody or guardianship, or both, have been vested in another person or
705     agency, including:
706          (i) the responsibility for support;
707          (ii) the right to consent to adoption;

708          (iii) the right to determine the child's religious affiliation; and
709          (iv) the right to reasonable parent-time unless restricted by the court.
710          (b) If no guardian has been appointed, "residual parental rights and duties" includes the
711     right to consent to:
712          (i) marriage;
713          (ii) enlistment; and
714          (iii) major medical, surgical, or psychiatric treatment.
715          (63) "Runaway" means a child, other than an emancipated child, who willfully leaves
716     the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
717     without permission.
718          (64) "Secure care" means placement of a minor, who is committed to the Division of
719     Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
720     Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
721     minor.
722          (65) "Secure care facility" means a facility, established in accordance with Section
723     80-5-503, for juvenile offenders in secure care.
724          (66) "Secure detention" means temporary care of a minor who requires secure custody
725     in a physically restricting facility operated by, or under contract with, the Division of Juvenile
726     Justice Services:
727          (a) before disposition of an offense that is alleged to have been committed by the
728     minor; or
729          (b) under Section 80-6-704.
730          (67) "Serious youth offender" means an individual who:
731          (a) is at least 14 years old, but under 25 years old;
732          (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
733     of the juvenile court was extended over the individual's case until the individual was 25 years
734     old in accordance with Section 80-6-605; and
735          (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
736     secure care under Sections 80-6-703 and 80-6-705.
737          (68) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
738     child.

739          (69) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
740     child.
741          (70) "Sexual abuse" means:
742          (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
743     adult directed towards a child;
744          (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
745     committed by a child towards another child if:
746          (i) there is an indication of force or coercion;
747          (ii) the children are related, as described in Subsection (34), including siblings by
748     marriage while the marriage exists or by adoption;
749          (iii) there have been repeated incidents of sexual contact between the two children,
750     unless the children are 14 years old or older; or
751          (iv) there is a disparity in chronological age of four or more years between the two
752     children;
753          (c) engaging in any conduct with a child that would constitute an offense under any of
754     the following, regardless of whether the individual who engages in the conduct is actually
755     charged with, or convicted of, the offense:
756          (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
757     alleged perpetrator of an offense described in Section 76-5-401 is a minor;
758          (ii) child bigamy, Section 76-7-101.5;
759          (iii) incest, Section 76-7-102;
760          (iv) lewdness, Section 76-9-702;
761          (v) sexual battery, Section 76-9-702.1;
762          (vi) lewdness involving a child, Section 76-9-702.5; or
763          (vii) voyeurism, Section 76-9-702.7; or
764          (d) subjecting a child to participate in or threatening to subject a child to participate in
765     a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
766     marriage.
767          (71) "Sexual exploitation" means knowingly:
768          (a) employing, using, persuading, inducing, enticing, or coercing any child to:
769          (i) pose in the nude for the purpose of sexual arousal of any individual; or

770          (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
771     filming, recording, or displaying in any way the sexual or simulated sexual conduct;
772          (b) displaying, distributing, possessing for the purpose of distribution, or selling
773     material depicting a child:
774          (i) in the nude, for the purpose of sexual arousal of any individual; or
775          (ii) engaging in sexual or simulated sexual conduct; or
776          (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
777     sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
778     is actually charged with, or convicted of, the offense.
779          (72) "Shelter" means the temporary care of a child in a physically unrestricted facility
780     pending a disposition or transfer to another jurisdiction.
781          (73) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
782          (74) "Single criminal episode" means the same as that term is defined in Section
783     76-1-401.
784          (75) "Status offense" means an offense that would not be an offense but for the age of
785     the offender.
786          (76) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
787     substances.
788          (77) "Substantiated" means the same as that term is defined in Section 62A-4a-101.
789          (78) "Supported" means the same as that term is defined in Section 62A-4a-101.
790          (79) "Termination of parental rights" means the permanent elimination of all parental
791     rights and duties, including residual parental rights and duties, by court order.
792          (80) "Therapist" means:
793          (a) an individual employed by a state division or agency for the purpose of conducting
794     psychological treatment and counseling of a minor in the division's or agency's custody; or
795          (b) any other individual licensed or approved by the state for the purpose of conducting
796     psychological treatment and counseling.
797          (81) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
798     that the child is at an unreasonable risk of harm or neglect.
799          (82) "Ungovernable" means a child in conflict with a parent or guardian, and the
800     conflict:

801          (a) results in behavior that is beyond the control or ability of the child, or the parent or
802     guardian, to manage effectively;
803          (b) poses a threat to the safety or well-being of the child, the child's family, or others;
804     or
805          (c) results in the situations described in Subsections (82)(a) and (b).
806          (83) "Unregulated custody transfer" means the placement of a child:
807          (a) with an individual who is not the child's parent, step-parent, grandparent, adult
808     sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
809     whom the child is familiar, or a member of the child's federally recognized tribe;
810          (b) with the intent of severing the child's existing parent-child or guardian-child
811     relationship; and
812          (c) without taking:
813          (i) reasonable steps to ensure the safety of the child and permanency of the placement;
814     and
815          (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
816     guardianship to the individual taking custody of the child.
817          (84) "Unsupported" means the same as that term is defined in Section 62A-4a-101.
818          (85) "Unsubstantiated" means the same as that term is defined in Section 62A-4a-101.
819          (86) "Validated risk and needs assessment" means an evidence-based tool that assesses
820     a minor's risk of reoffending and a minor's criminogenic needs.
821          (87) "Without merit" means the same as that term is defined in Section 62A-4a-101.
822          (88) "Youth offender" means an individual who is:
823          (a) at least 12 years old, but under 21 years old; and
824          (b) committed by the juvenile court to the Division of Juvenile Justice Services for
825     secure care under Sections 80-6-703 and 80-6-705.
826          Section 11. Section 80-5-201 is amended to read:
827          80-5-201. Division responsibilities.
828          (1) The division is responsible for all minors committed to the division by juvenile
829     courts under Sections 80-6-703 and 80-6-705.
830          (2) The division shall:
831          (a) establish and administer a continuum of community, secure, and nonsecure

832     programs for all minors committed to the division;
833          (b) establish and maintain all detention and secure care facilities and set minimum
834     standards for all detention and secure care facilities;
835          (c) establish and operate prevention and early intervention youth services programs for
836     nonadjudicated minors placed with the division;
837          (d) establish observation and assessment programs necessary to serve minors in a
838     nonresidential setting under Subsection 80-6-706(1);
839          (e) place minors committed to the division under Section 80-6-703 in the most
840     appropriate program for supervision and treatment;
841          (f) employ staff necessary to:
842          (i) supervise and control minors committed to the division for secure care or placement
843     in the community;
844          (ii) supervise and coordinate treatment of minors committed to the division for
845     placement in community-based programs; and
846          (iii) control and supervise adjudicated and nonadjudicated minors placed with the
847     division for temporary services in juvenile receiving centers, youth services, and other
848     programs established by the division;
849          (g) control or detain a minor committed to the division, or in the temporary custody of
850     the division, in a manner that is consistent with public safety and rules made by the division;
851          (h) establish and operate work programs for minors committed to the division by the
852     juvenile court that:
853          (i) are not residential;
854          (ii) provide labor to help in the operation, repair, and maintenance of public facilities,
855     parks, highways, and other programs designated by the division;
856          (iii) provide educational and prevocational programs in cooperation with the State
857     Board of Education for minors placed in the program; and
858          (iv) provide counseling to minors;
859          (i) establish minimum standards for the operation of all private residential and
860     nonresidential rehabilitation facilities that provide services to minors who have committed an
861     offense in this state or in any other state;
862          (j) provide regular training for secure care staff, detention staff, case management staff,

863     and staff of the community-based programs;
864          (k) designate employees to obtain the saliva DNA specimens required under Section
865     53-10-403;
866          (l) ensure that the designated employees receive appropriate training and that the
867     specimens are obtained in accordance with accepted protocol;
868          (m) register an individual with the Department of Corrections who:
869          (i) is adjudicated for an offense listed in Subsection 77-41-102(17)(a) or 77-43-102(2);
870          (ii) is committed to the division for secure care; and
871          (iii) (A) if the individual is a youth offender, remains in the division's custody 30 days
872     before the individual's 21st birthday; or
873          (B) if the individual is a serious youth offender, remains in the division's custody 30
874     days before the individual's 25th birthday; and
875          (n) ensure that a program delivered to a minor under this section is an evidence-based
876     program in accordance with Section 63M-7-208.
877          (3) (a) The division is authorized to employ special function officers, as defined in
878     Section 53-13-105, to:
879          (i) locate and apprehend minors who have absconded from division custody;
880          (ii) transport minors taken into custody in accordance with division policy;
881          (iii) investigate cases; and
882          (iv) carry out other duties as assigned by the division.
883          (b) A special function officer may be:
884          (i) employed through a contract with the Department of Public Safety, or any law
885     enforcement agency certified by the Peace Officer Standards and Training Division; or
886          (ii) directly hired by the division.
887          (4) In the event of an unauthorized leave from secure care, detention, a
888     community-based program, a juvenile receiving center, a home, or any other designated
889     placement of a minor, a division employee has the authority and duty to locate and apprehend
890     the minor, or to initiate action with a local law enforcement agency for assistance.
891          (5) The division may proceed with an initial medical screening or assessment of a child
892     admitted to a detention facility to ensure the safety of the child and others in the detention
893     facility if the division makes a good faith effort to obtain consent for the screening or

894     assessment from the child's parent or guardian.
895          Section 12. Section 80-5-302 is amended to read:
896          80-5-302. Juvenile Justice Reinvestment Restricted Account.
897          (1) There is created in the General Fund a restricted account known as the "Juvenile
898     Justice Reinvestment Restricted Account."
899          (2) The account shall be funded by savings calculated from General Fund
900     appropriations by the Division of Finance as described in Subsection (3).
901          (3) At the end of the fiscal year, the Division of Finance shall:
902          (a) use the formula established in Subsection 80-5-202(1)(c) to calculate the savings
903     from General Fund appropriations; and
904          (b) lapse the calculated savings into the account.
905          (4) Upon appropriation by the Legislature, the department may expend funds from the
906     account:
907          (a) for the statewide expansion of nonresidential community-based programs,
908     including:
909          (i) receiving centers;
910          (ii) mobile crisis outreach teams;
911          (iii) youth courts under Title 80, Chapter 6, Part 9, Youth Court; and
912          (iv) victim-offender mediation under Section 80-6-304 and Subsection
913     80-6-710[(7)](6);
914          (b) for nonresidential evidence-based programs and practices in cognitive, behavioral,
915     and family therapy;
916          (c) to implement:
917          (i) nonresidential diagnostic assessment; and
918          (ii) nonresidential early intervention programs, including family strengthening
919     programs, family wraparound services, and truancy interventions; or
920          (d) for infrastructure in nonresidential evidence-based juvenile justice programs,
921     including staffing and transportation.
922          Section 13. Section 80-6-102 is amended to read:
923          80-6-102. Definitions.
924          As used in this chapter:

925          (1) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
926     1351.1.
927          (2) "Authority" means the Youth Parole Authority created in Section 80-5-701.
928          (3) "Commission" means the State Commission on Criminal and Juvenile Justice
929     created in Section 63M-7-201.
930          (4) "Compensatory service" means service or unpaid work performed by a minor in
931     lieu of the payment of a fine, fee, or restitution.
932          (5) "Control" means the same as that term is defined in Section 80-5-102.
933          (6) "Detention hearing" means a proceeding under Section 80-6-207 to determine
934     whether a minor should remain in detention.
935          (7) "Detention guidelines" means standards, established by the division in accordance
936     with Subsection 80-5-202(1)(a), for the admission of a minor to detention.
937          (8) "Discharge" means a written order of the authority that removes a juvenile offender
938     from the authority's jurisdiction.
939          (9) "Division" means the Division of Juvenile Justice Services created in Section
940     80-5-103.
941          (10) "Family-based setting" means a home that is licensed to allow a minor to reside at
942     the home, including a foster home, proctor care, or residential care by a professional parent.
943          [(10)] (11) "Formal referral" means a written report from a peace officer, or other
944     person, informing the juvenile court that:
945          (a) an offense committed by a minor is, or appears to be, within the juvenile court's
946     jurisdiction; and
947          (b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting
948     attorney.
949          [(11)] (12) "Material loss" means an uninsured:
950          (a) property loss;
951          (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
952          (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
953     police or prosecution; or
954          (d) medical expense.
955          [(12)] (13) "Referral" means a formal referral, a referral to the juvenile court under

956     Section 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice
957     under Section 80-6-302.
958          [(13)] (14) "Rescission" means a written order of the authority that rescinds a date for
959     parole.
960          [(14)] (15) "Restitution" means money or services that the juvenile court, or a juvenile
961     probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or
962     render to a victim for the minor's wrongful act or conduct.
963          [(15)] (16) "Revocation" means a written order of the authority that, after a hearing and
964     determination under Section 80-6-806:
965          (a) terminates supervision of a juvenile offender's parole; and
966          (b) directs a juvenile offender to return to secure care.
967          [(16)] (17) "Temporary custody" means the control and responsibility of a minor,
968     before an adjudication under Section 80-6-701, until the minor is released to a parent, guardian,
969     responsible adult, or to an appropriate agency.
970          [(17)] (18) "Termination" means a written order of the authority that terminates a
971     juvenile offender from parole.
972          [(18)] (19) (a) "Victim" means a person that the juvenile court determines suffered a
973     material loss as a result of a minor's wrongful act or conduct.
974          (b) "Victim" includes:
975          (i) any person directly harmed by the minor's wrongful act or conduct in the course of
976     the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that
977     involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and
978          (ii) the Utah Office for Victims of Crime.
979          [(19)] (20) "Violent felony" means the same as that term is defined in Section
980     76-3-203.5.
981          [(20)] (21) "Work program" means the same as that term is defined in Section
982     80-5-102.
983          [(21)] (22) "Youth services" means the same as that term is defined in Section
984     80-5-102.
985          Section 14. Section 80-6-205 is amended to read:
986          80-6-205. Admission to detention -- Alternative to detention -- Rights of a minor

987     in detention.
988          (1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff
989     member of the detention facility shall immediately review the form and determine, based on
990     the results of the detention risk assessment tool and Subsection (2), whether to:
991          (a) admit the minor to secure detention;
992          (b) admit the minor to home detention;
993          (c) place the minor in another alternative to detention; or
994          (d) if the minor is a child, return the minor home upon a written promise by the minor's
995     parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without
996     restriction.
997          (2) A minor may not be admitted to detention unless:
998          (a) the minor is detainable based on the detention guidelines; or
999          (b) the minor has been brought to detention in accordance with:
1000          (i) a court order;
1001          (ii) a warrant in accordance with Section 80-6-202; or
1002          (iii) a division warrant in accordance with Section 80-6-806.
1003          (3) If the designated staff member determines to admit a minor to home detention, the
1004     staff member shall notify the juvenile court of that determination.
1005          (4) Even if a minor is eligible for secure detention, a peace officer or other person who
1006     takes a minor to a detention facility, or the designated staff member of the detention facility,
1007     may release a minor to a less restrictive alternative than secure detention.
1008          (5) (a) If a minor taken to a detention facility does not qualify for admission under
1009     detention guidelines or this section, a designated staff member of the detention facility shall
1010     arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or
1011     a shelter facility.
1012          (b) (i) Except as otherwise provided by this section, a minor may not be placed or kept
1013     in secure detention while court proceedings are pending.
1014          (ii) A child may not be placed or kept in a shelter facility while court proceedings are
1015     pending, unless the child is in protective custody in accordance with Chapter 3, Abuse,
1016     Neglect, and Dependency Proceedings.
1017          (6) If a minor is taken into temporary custody and admitted to a secure detention, or

1018     another alternative to detention, a designated staff member of the detention facility shall:
1019          (a) immediately notify the minor's parent, guardian, or custodian; and
1020          (b) promptly notify the juvenile court of the placement.
1021          (7) If a minor is admitted to secure detention, or another alternative to detention,
1022     outside the county of the minor's residence and a juvenile court determines, in a detention
1023     hearing, that secure detention, or an alternative to detention, of the minor shall continue, the
1024     juvenile court shall direct the sheriff of the county of the minor's residence to transport the
1025     minor to secure detention or another alternative to detention in that county.
1026          (8) (a) Subject to Subsection (8)(b), a minor admitted to detention has a right to:
1027          (i) phone the minor's parent, guardian, or attorney immediately after the minor is
1028     admitted to detention; and
1029          (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
1030     custodian.
1031          (b) The division may:
1032          (i) establish a schedule for which a minor in detention may visit or phone a person
1033     described in Subsection (8)(a);
1034          (ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in
1035     special circumstances;
1036          (iii) limit the number and length of calls and visits for a minor in detention to persons
1037     described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints; or
1038          (iv) limit the minor's rights under Subsection (8)(a) if a compelling reason exists to
1039     limit the minor's rights.
1040          (c) A minor admitted to detention shall be immediately advised of the minor's rights
1041     described in this Subsection (8).
1042          Section 15. Section 80-6-206 is amended to read:
1043          80-6-206. Interview of a child -- Presence of a parent, legal guardian, or other
1044     adult -- Interview of individual in detention or secure care facility.
1045          (1) As used in this section:
1046          (a) (i) "Friendly adult" means an adult:
1047          (A) that has an established relationship with the child to the extent that the adult can
1048     provide meaningful advice and concerned help to the child should the need arise; and

1049          (B) who is not hostile or adverse to the child's interest.
1050          (ii) "Friendly adult" does not include a parent or guardian of the child.
1051          (b) (i) "Interrogation" means any express questioning or any words or actions that are
1052     reasonably likely to elicit an incriminating response.
1053          (ii) "Interrogation" does not include words or actions normally attendant to arrest and
1054     custody.
1055          (2) If a child is in custody and subject to interrogation for an offense, the child has the
1056     right:
1057          (a) to have the child's parent or guardian present during an interrogation of the child; or
1058          (b) to have a friendly adult present during an interrogation of the child if:
1059          (i) there is reason to believe that the child's parent or guardian has abused or threatened
1060     the child; or
1061          (ii) the child's parent's or guardian's interest is adverse to the child's interest, including
1062     that the parent or guardian is a victim or a codefendant of the offense alleged to have been
1063     committed by the child.
1064          (3) If a child is in custody and subject to interrogation of an offense, the child may not
1065     be interrogated unless:
1066          (a) the child has been advised of the child's constitutional rights and the child's right to
1067     have a parent or guardian, or a friendly adult if applicable under Subsection (2)(b), present
1068     during the interrogation;
1069          (b) the child has waived the child's constitutional rights;
1070          (c) except as provided in Subsection (4), the child's parent or guardian, or the friendly
1071     adult if applicable under Subsection (2)(b), was present during the child's waiver under
1072     Subsection (3)(b) and has given permission for the child to be interrogated; and
1073          (d) if the child is in the custody of the Division of Child and Family Services and a
1074     guardian ad litem has been appointed for the child, the child's guardian ad litem has given
1075     consent to an interview of the child as described in Section 62A-4a-415.
1076          (4) A child's parent or guardian, or a friendly adult if applicable under Subsection
1077     (2)(b), is not required to be present during the child's waiver under Subsection (3) or to give
1078     permission to the interrogation of the child if:
1079          (a) the child is emancipated as described in Section 80-7-105;

1080          (b) the child has misrepresented the child's age as being 18 years old or older and a
1081     peace officer has relied on that misrepresentation in good faith; or
1082          (c) a peace officer or a law enforcement agency:
1083          (i) has made reasonable efforts to contact the child's parent or legal guardian, or a
1084     friendly adult if applicable under Subsection (2)(b); and
1085          (ii) has been unable to make contact within one hour after the time in which the child is
1086     in custody.
1087          [(5) (a) If a minor is admitted to a detention facility under Section 80-6-205, or the
1088     minor is committed to secure care or a correctional facility, and is subject to interrogation for
1089     an offense, the minor may not be interrogated unless:]
1090          (5) (a) If an individual is admitted to a detention facility under Section 80-6-205,
1091     committed to a secure care facility under Section 80-6-705, or housed in a secure care facility
1092     under Section 80-6-507, and the individual is subject to interrogation for an offense, the
1093     individual may not be interrogated unless:
1094          (i) the [minor] individual has had a meaningful opportunity to consult with the
1095     [minor's] individual's appointed or retained attorney;
1096          (ii) the [minor] individual waives the [minor's] individual's constitutional rights after
1097     consultation with the [minor's] individual's appointed or retained attorney; and
1098          (iii) the [minor's] individual's appointed or retained attorney is present for the
1099     interrogation.
1100          (b) Subsection (5)(a) does not apply to a juvenile probation officer, or a staff member
1101     of a detention facility, unless the juvenile probation officer or the staff member is interrogating
1102     the [minor] individual on behalf of a peace officer or a law enforcement agency.
1103          (6) A minor may only waive the minor's right to be represented by counsel at all stages
1104     of court proceedings as described in Section 78B-22-204.
1105          Section 16. Section 80-6-207 is amended to read:
1106          80-6-207. Detention hearings -- Period of detention -- Bail.
1107          (1) (a) After admission of a child to a detention facility under Section 80-6-205 and
1108     immediate investigation by a juvenile probation officer, the juvenile court or the juvenile
1109     probation officer shall order the release of the child to the child's parent, guardian, or custodian
1110     if the juvenile court or the juvenile probation officer finds that the child can be safely returned

1111     to the parent's, the guardian's, or the custodian's care, upon written promise to bring the child to
1112     the juvenile court at a time set or without restriction.
1113          (b) If a child's parent, guardian, or custodian fails to retrieve the child from a detention
1114     facility within 24 hours after notification of release, the parent, guardian, or custodian is
1115     responsible for the cost of care for the time the child remains in the detention facility in
1116     accordance with Section 78A-6-356.
1117          (c) The detention facility shall determine the cost of care.
1118          (d) Any money collected under this Subsection (1) shall be retained by the division to
1119     recover the cost of care for the time the child remains in the facility.
1120          (2) (a) When a child is admitted to a detention facility, the child's parent, guardian, or
1121     custodian shall be informed by the individual in charge of the detention facility that the
1122     parent's, the guardian's, or the custodian's child has the right to a prompt hearing in a juvenile
1123     court to determine whether the child is to be further detained or released.
1124          (b) If a minor is admitted to a detention facility, the minor shall be informed by the
1125     person in charge of the facility that the minor has the right to a prompt hearing in a juvenile
1126     court to determine whether the minor is to be further detained or released.
1127          (3) (a) The juvenile court may, at any time, order the release of the minor, from
1128     detention, regardless of whether a detention hearing is held or not.
1129          (b) If a child is released, and the child remains in the detention facility, because the
1130     child's parents, guardian, or custodian fails to retrieve the child, the parent, guardian, or
1131     custodian shall be responsible for the cost of care as provided in Subsections (1)(b), (c), and (d)
1132     in accordance with Section 78A-6-356.
1133          (4) (a) As used in this Subsection (4), "arrest" means being apprehended, detained,
1134     taken into temporary custody under Section 80-6-201 or 80-6-202, held for investigation, or
1135     restrained by a peace officer or other person due to an accusation or suspicion that the minor
1136     committed an offense.
1137          (b) A minor may not be held in a detention facility longer than 24 hours, unless a
1138     juvenile court determines that there is probable cause for the minor's arrest.
1139          (5) (a) A detention hearing under this section shall be held by a juvenile court judge or
1140     commissioner.
1141          (b) A juvenile court shall hold a detention hearing within 48 hours of the minor's

1142     admission to a detention facility, excluding weekends and holidays, to determine whether the
1143     minor should:
1144          (i) remain in detention in accordance with Subsection (8);
1145          (ii) be released to a parent or guardian; or
1146          (iii) be placed in any other party's custody as authorized by statute.
1147          (6) The probable cause determination under Subsection (4) and the detention hearing
1148     under Subsection (5) may occur at the same time if the probable cause determination and the
1149     detention hearing occur within the time frame under Subsection (4).
1150          (7) (a) A detention hearing may not be waived.
1151          (b) Staff at the detention facility shall provide the juvenile court with all information
1152     received from the individual who brought the minor to the detention facility.
1153          (8) (a) The juvenile court may only order a minor to be held in the detention facility or
1154     be placed in another appropriate facility, subject to further order of the court, if the court finds
1155     at a detention hearing that:
1156          (i) releasing the minor to the minor's parent, guardian, or custodian presents an
1157     unreasonable risk to public safety;
1158          (ii) less restrictive nonresidential alternatives to detention have been considered and,
1159     where appropriate, attempted; and
1160          (iii) the minor is eligible for detention under the detention guidelines and Section
1161     80-6-205.
1162          (b) The juvenile court may not vest custody of a minor admitted to detention in the
1163     Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and
1164     Dependency Proceedings.
1165          (9) (a) After a detention hearing has been held, only the juvenile court may release a
1166     minor from detention.
1167          (b) If a minor remains in a detention facility, periodic reviews shall be held in
1168     accordance with the Utah Rules of Juvenile Procedure to ensure that continued detention of the
1169     minor is necessary.
1170          (10) This section does not apply to a minor who is brought to a correctional facility in
1171     accordance with Section 80-6-502, 80-6-504, or 80-6-505.
1172          [(11) Notwithstanding Title 77, Chapter 20, Bail, a minor in a detention facility does

1173     not have a right to bail, except that bail is allowed if:]
1174          [(a) a minor is cited under Section 80-6-302;]
1175          (11) Title 77, Chapter 20, Bail, does not apply to a minor, except for:
1176          [(b)] (a) a minor [is] charged in accordance with Section 80-6-502;
1177          [(c)] (b) a minor [is] bound over to the district court in accordance with Section
1178     80-6-504; or
1179          [(d)] (c) a minor[,] who need not be detained[,] and lives outside this state[; and].
1180          [(e) a minor, who need not be detained, is held in contempt under Section 78A-6-353.]
1181          Section 17. Section 80-6-302 is amended to read:
1182          80-6-302. Citation -- Procedure -- Time limits -- Failure to appear.
1183          (1) A petition is not required to commence a proceeding against a minor for an
1184     adjudication of an alleged offense if a citation is issued for an offense for which the juvenile
1185     court has jurisdiction over and the offense listed in the citation is for:
1186          (a) a violation of a wildlife law;
1187          (b) a violation of a boating law;
1188          (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
1189     infraction:
1190          (i) for a traffic violation; or
1191          (ii) designated as a citable offense by general order of the Board of Juvenile Court
1192     Judges;
1193          (d) a class B misdemeanor or infraction for a traffic violation where the individual is
1194     15 years old or younger at the time the offense was alleged to have occurred;
1195          (e) an infraction or misdemeanor designated as a citable offense by a general order of
1196     the Board of Juvenile Court Judges; or
1197          (f) a violation of Subsection 76-10-105(2).
1198          (2) Except as provided in Subsection (6) and Section 80-6-301, a citation for an offense
1199     listed in Subsection (1) shall be submitted to the juvenile court within five days of issuance to a
1200     minor.
1201          (3) A copy of the citation shall contain:
1202          (a) the name and address of the juvenile court before which the minor may be required
1203     to appear;

1204          (b) the name of the minor cited;
1205          (c) the statute or local ordinance that the minor is alleged to have violated;
1206          (d) a brief description of the offense charged;
1207          (e) the date, time, and location at which the offense is alleged to have occurred;
1208          (f) the date the citation was issued;
1209          (g) the name and badge or identification number of the peace officer or public official
1210     who issued the citation;
1211          (h) the name of the arresting person if an arrest was made by a private party and the
1212     citation was issued in lieu of taking the minor into temporary custody as provided in Section
1213     80-6-201;
1214          (i) a statement that the minor and the minor's parent or guardian are to appear when
1215     notified by the juvenile court; and
1216          (j) the signature of the minor and the minor's parent or guardian, if present, agreeing to
1217     appear at the juvenile court when notified by the court.
1218          (4) A copy of the citation shall contain space for the following information to be
1219     entered if known:
1220          (a) the minor's address;
1221          (b) the minor's date of birth;
1222          (c) the name and address of the child's custodial parent or guardian, if different from
1223     the child; and
1224          (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
1225     this information shall be removed from the documents the minor receives.
1226          (5) A citation received by the juvenile court beyond the time designated in Subsection
1227     (2) shall include a written explanation for the delay.
1228          (6) A minor offense, as defined in Section 80-6-901, alleged to have been committed
1229     by an enrolled child on school property or related to school attendance, may only be referred to
1230     the prosecuting attorney or the juvenile court in accordance with Section 53G-8-211.
1231          (7) If a juvenile court receives a citation described in Subsection (1), a juvenile
1232     probation officer shall make a preliminary inquiry as to whether the minor is eligible for a
1233     nonjudicial adjustment in accordance with Subsection 80-6-304(5).
1234          (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a

1235     prosecuting attorney may commence a proceeding against a minor, without filing a petition, for
1236     an adjudication of the offense in the citation only if:
1237          (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment in
1238     accordance with Section 80-6-304; and
1239          (ii) the prosecuting attorney conducts an inquiry under Subsection (9).
1240          (b) Except as provided in Subsection 80-6-305(2), a prosecuting attorney may not
1241     commence a proceeding against an individual for any offense listed in a citation alleged to have
1242     occurred before the individual was 12 years old.
1243          (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable
1244     belief, that:
1245          (a) the charge listed in the citation is supported by probable cause;
1246          (b) admissible evidence will be sufficient to support adjudication beyond a reasonable
1247     doubt; and
1248          (c) the decision to charge is in the interests of justice.
1249          (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor
1250     shall appear at the juvenile court at a date and time established by the juvenile court.
1251          (11) If a minor willfully fails to appear before the juvenile court for a proceeding under
1252     Subsection (8)(a), the juvenile court may:
1253          (a) find the minor in contempt of court; and
1254          (b) proceed against the minor as provided in Section 78A-6-353.
1255          (12) If a proceeding is commenced under this section, [bail may be posted and forfeited
1256     under Section 80-6-207] the minor may remit a fine without a personal appearance before the
1257     juvenile court with the consent of:
1258          (a) the juvenile court; and
1259          (b) if the minor is a child, the parent or guardian of the child cited.
1260          Section 18. Section 80-6-303 is amended to read:
1261          80-6-303. Criminal proceedings involving minors -- Transfer to juvenile court --
1262     Exception.
1263          (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
1264     justice court determines that an individual being charged is under 21 years old and was younger
1265     than 18 years old at the time of committing the alleged offense, the district court or justice

1266     court shall transfer the case to the juvenile court with all the papers, documents, and transcripts
1267     of any testimony.
1268          (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
1269     that is:
1270          (A) filed in the district court in accordance with Section 80-6-502; or
1271          (B) transferred to the district court in accordance with Section 80-6-504.
1272          (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
1273     offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
1274          (2) (a) Except as provided in Subsection (2)(b), the district court or justice court
1275     making the transfer shall:
1276          (i) order the individual to be taken immediately to the juvenile court or to a place of
1277     detention designated by the juvenile court; or
1278          (ii) release the individual to the custody of the individual's parent or guardian or other
1279     person legally responsible for the individual, to be brought before the juvenile court at a time
1280     designated by the juvenile court.
1281          (b) If the alleged offense under Subsection (1) occurred before the individual was 12
1282     years old:
1283          (i) the district court or justice court making the transfer shall release the individual to
1284     the custody of the individual's parent or guardian, or other person legally responsible for the
1285     individual;
1286           (ii) the juvenile court shall treat the transfer as a referral under Section 80-6-301; and
1287          (iii) a juvenile probation officer shall make a preliminary inquiry to determine whether
1288     the individual is eligible for a nonjudicial adjustment in accordance with Section 80-6-304.
1289          (c) If the case is transferred to the juvenile court under this section, the juvenile court
1290     shall then proceed in accordance with this chapter.
1291          (3) A district court or justice court does not have to transfer a case under Subsection
1292     (1) if the district court or justice court would have had jurisdiction over the case at the time the
1293     individual committed the offense in accordance with [Subsections 78A-5-102(9) and
1294     78A-7-106(2)] Sections 78A-5-102 and 78A-7-106.
1295          Section 19. Section 80-6-501 is amended to read:
1296          80-6-501. Definitions.

1297          As used in this part:
1298          (1) "Minor" means:
1299          (a) an individual:
1300          (i) who is at least 18 years old and younger than 25 years old; and
1301          (ii) whose case is under the [continuing] jurisdiction of the juvenile court; or
1302          (b) an individual:
1303          (i) who is younger than 21 years old;
1304          (ii) who is charged with, or convicted of, an offense under Section 80-6-502 or
1305     80-6-503; and
1306          (iii) whose case is under the jurisdiction of the district court.
1307          (2) "Qualifying offense" means an offense described in [Subsection 80-6-503 (1) or
1308     (2)(b)] Section 80-6-503.
1309          (3) "Separate offense" means any offense that is not a qualifying offense.
1310          Section 20. Section 80-6-502 is amended to read:
1311          80-6-502. Criminal information for a minor in district court.
1312          (1) If a prosecuting attorney charges a minor with aggravated murder under Section
1313     76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
1314     information in the district court if the minor was [the] a principal actor in an offense and the
1315     criminal information alleges:
1316          (a) the minor was 16 or 17 years old at the time of the offense; and
1317          (b) the offense for which the minor is being charged is:
1318          (i) [Section 76-5-202,] aggravated murder, as described in Section 76-5-202; or
1319          (ii) [Section 76-5-203,] murder, as described in Section 76-5-203.
1320          (2) If the prosecuting attorney files a criminal information in the district court in
1321     accordance with Subsection (1), the district court shall try the minor as an adult, except:
1322          (a) the minor is not subject to a sentence of death in accordance with Subsection
1323     76-3-206(2)(b); and
1324          (b) the minor is not subject to a sentence of life without parole in accordance with
1325     Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
1326          (3) (a) Except for a minor who is subject to the authority of the Board of Pardons and
1327     Parole, a minor shall be held in a detention facility.

1328          (b) A minor held in a detention facility under Subsection (3)(a) shall remain in the
1329     facility:
1330          (i) until released by the district court; or
1331          (ii) if convicted, until sentencing.
1332          (4) (a) If a minor is held in a detention facility under Subsection (3)(a), the district
1333     court shall:
1334          [(a)] (i) advise the minor of the right to bail; and
1335          [(b) set initial bail in accordance with Title 77, Chapter 20, Bail.]
1336          (ii) issue a pretrial status order, as defined in Section 77-20-102, for the minor in
1337     accordance with Section 77-20-205.
1338          (b) Except for Sections 77-20-202, 77-20-203, and 77-20-204, the provisions of Title
1339     77, Chapter 20, Bail, shall apply to the release or detention of a minor being tried as an adult
1340     under this section.
1341          (5) If a minor held in a detention facility under Subsection (3)(a) attains the age of 21
1342     years old, the minor shall be transferred within 30 days to an adult jail until:
1343          (a) released by the district court; or
1344          (b) if convicted, sentencing.
1345          (6) If a minor is held in a detention facility under Subsection (3)(a) and the minor's
1346     conduct or condition endangers the safety or welfare of others in the detention facility, the
1347     district court may find that the minor shall be detained in another place of confinement
1348     considered appropriate by the district court, including a jail or an adult facility for pretrial
1349     confinement.
1350          [(7) If a minor is charged for aggravated murder or murder in the district court under
1351     this section, and all charges for aggravated murder or murder result in an acquittal, a finding of
1352     not guilty, or a dismissal:]
1353          [(a) the juvenile court gains jurisdiction over all other offenses committed by the
1354     minor; and]
1355          [(b) the division gains jurisdiction over the minor.]
1356          Section 21. Section 80-6-504 is amended to read:
1357          80-6-504. Preliminary hearing -- Grounds for transfer -- Detention of a minor
1358     bound over to the district court .

1359          (1) If a prosecuting attorney files a criminal information in accordance with Section
1360     80-6-503 , the juvenile court shall conduct a preliminary hearing to determine whether a minor
1361     should be bound over to the district court for a qualifying offense.
1362          (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
1363     the burden of establishing:
1364          (a) probable cause to believe that a qualifying offense was committed and the minor
1365     committed that offense; and
1366          (b) by a preponderance of the evidence, that it is contrary to the best interests of the
1367     minor and the public for the juvenile court to retain jurisdiction over the offense.
1368          (3) In making a determination under Subsection (2)(b), the juvenile court shall consider
1369     and make findings on:
1370          (a) the seriousness of the qualifying offense and whether the protection of the
1371     community requires that the minor is detained beyond the amount of time allowed under
1372     Subsection 80-6-802(1) , or beyond the age of continuing jurisdiction that the juvenile court
1373     may exercise under Section 80-6-605 ;
1374          (b) the extent to which the minor's actions in the qualifying offense were committed in
1375     an aggressive, violent, premeditated, or willful manner;
1376          (c) the minor's mental, physical, educational, trauma, and social history;
1377          (d) the criminal record or history of the minor; and
1378          (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
1379     are available to the juvenile court.
1380          (4) The amount of weight that each factor in Subsection (3) is given is in the juvenile
1381     court's discretion.
1382          (5) (a) The juvenile court may consider any written report or other material that relates
1383     to the minor's mental, physical, educational, trauma, and social history.
1384          (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
1385     the juvenile court shall require the person preparing the report, or other material, under
1386     Subsection (5)(a) to appear and be subject to direct and cross-examination.
1387          (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
1388     call witnesses, cross-examine witnesses, and present evidence on the factors described in
1389     Subsection (3).

1390          (7) (a) A proceeding before the juvenile court related to a charge filed under this part
1391     shall be conducted in conformity with the Utah Rules of Juvenile Procedure.
1392          (b) Sections 80-6-602, 80-6-603, and 80-6-604 are applicable to the preliminary
1393     hearing under this section.
1394          (8) If the juvenile court finds that the prosecuting attorney has met the burden of proof
1395     under Subsection (2), the juvenile court shall bind the minor over to the district court to be held
1396     for trial.
1397          (9) (a) If the juvenile court finds that a qualifying offense has been committed by a
1398     minor, but the prosecuting attorney has not met the burden of proof under Subsection (2)(b),
1399     the juvenile court shall:
1400          (i) proceed upon the criminal information as if the information were a petition under
1401     Section 80-6-305 ;
1402          (ii) release or detain the minor in accordance with Section 80-6-207 ; and
1403          (iii) proceed with an adjudication for the minor in accordance with this chapter.
1404          (b) If the juvenile court finds that the prosecuting attorney has not met the burden
1405     under Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file
1406     a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the
1407     minor is 25 years old in accordance with Section 80-6-605.
1408          (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
1409     criminal information as the qualifying offense if the qualifying offense and separate offense
1410     arise from a single criminal episode.
1411          (b) If the prosecuting attorney charges a minor with a separate offense as described in
1412     Subsection (10)(a):
1413          (i) the prosecuting attorney shall have the burden of establishing probable cause to
1414     believe that the separate offense was committed and the minor committed the separate offense;
1415     and
1416          (ii) if the prosecuting attorney establishes probable cause for the separate offense under
1417     Subsection (10)(b)(i) and the juvenile court binds the minor over to the district court for the
1418     qualifying offense, the juvenile court shall also bind the minor over for the separate offense to
1419     the district court.
1420          (11) If a grand jury indicts a minor for a qualifying offense:

1421          (a) the prosecuting attorney does not need to establish probable cause under Subsection
1422     (2)(a) for the qualifying offense and any separate offense included in the indictment; and
1423          (b) the juvenile court shall proceed with determining whether the minor should be
1424     bound over to the district court for the qualifying offense and any separate offense included in
1425     the indictment in accordance with Subsections (2)(b) and (3).
1426          (12) (a) If a minor is bound over to the district court, the juvenile court shall:
1427          [(a)] (i) issue a criminal warrant of arrest for the minor to be held in a detention
1428     facility;
1429          [(b)] (ii) advise the minor of the right to bail; and
1430          [(c) set initial bail in accordance with Title 77, Chapter 20, Bail.]
1431          (iii) issue a pretrial status order, as defined in Section 77-20-102, for the minor in
1432     accordance with Section 77-20-205.
1433          (b) Except for Sections 77-20-202, 77-20-203, and 77-20-204, the provisions of Title
1434     77, Chapter 20, Bail, shall apply to the release or detention of a minor bound over to the district
1435     court by the juvenile court.
1436          (13) If the juvenile court orders the minor to be detained until the time of trial:
1437          (a) the minor shall be held in a detention facility, except that a minor who is subject to
1438     the authority of the Board of Pardons and Parole may not be held in a detention facility; and
1439          (b) the minor shall remain in the detention facility:
1440          (i) until released by a district court; or
1441          (ii) if convicted, until sentencing.
1442          (14) If a minor is held in a detention facility under Subsection (13) and the minor
1443     attains the age of 21 years old while detained at the detention facility, the minor shall be
1444     transferred within 30 days to an adult jail to remain:
1445          (a) until released by the district court; or
1446          (b) if convicted, until sentencing.
1447          [(15) Except as provided in Subsection (16) and Section 80-6-507, if a minor is bound
1448     over to the district court under this section, the jurisdiction of the division and the juvenile
1449     court over the minor is terminated for the qualifying offense and any other separate offense for
1450     which the minor is bound over.]
1451          [(16) If a minor is bound over to the district court for a qualifying offense and the

1452     qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:]
1453          [(a) the juvenile court regains jurisdiction over any separate offense committed by the
1454     minor; and]
1455          [(b) the division regains jurisdiction over the minor.]
1456          Section 22. Section 80-6-505 is amended to read:
1457          80-6-505. Criminal proceedings for a minor bound over to district court.
1458          (1) If the juvenile court binds a minor over to the district court in accordance with
1459     Section 80-6-504 , the prosecuting attorney shall try the minor as if the minor is an adult in the
1460     district court except:
1461          (a) the minor is not subject to a sentence of death in accordance with Subsection
1462     76-3-206(2)(b); and
1463          (b) the minor is not subject to a sentence of life without parole in accordance with
1464     Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
1465          (2) A minor who is bound over to the district court to answer as an adult is not entitled
1466     to a preliminary hearing in the district court.
1467          (3) If a minor is bound over to the district court and detained in a detention facility, the
1468     district court may order the minor be detained in another place of confinement that is
1469     considered appropriate by the district court, including a jail or other place of pretrial
1470     confinement for adults if the minor's conduct or condition endangers the safety and welfare of
1471     others in the detention facility.
1472          [(4) If the district court obtains jurisdiction over a minor under Section 80-6-504 , the
1473     district court is not divested of jurisdiction for a qualifying offense or a separate offense listed
1474     in the criminal information when the minor is allowed to enter a plea to, or is found guilty of,
1475     another offense in the same criminal information.]
1476          Section 23. Section 80-6-603 is amended to read:
1477          80-6-603. Rights of minors facing delinquency proceedings.
1478          (1) If a minor is facing a delinquency proceeding under this chapter, the minor has the
1479     right to:
1480          [(1)] (a) appear in person in the proceeding for the petition or the criminal information;
1481          [(2)] (b) defend, in person or by counsel, against the allegations in the petition or the
1482     criminal information;

1483          [(3)] (c) receive a copy of the petition or the criminal information;
1484          [(4)] (d) testify on the minor's own behalf;
1485          [(5)] (e) confront the witnesses against the minor;
1486          [(6)] (f) secure the attendance of witnesses on the minor's behalf under Section
1487     78A-6-351;
1488          [(7)] (g) be represented by counsel at all stages of the proceedings;
1489          [(8)] (h) be appointed an indigent defense service provider and be provided indigent
1490     defense services in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel;
1491          [(9)] (i) remain silent and be advised that anything the minor says can and will be used
1492     against the minor in any court proceedings; and
1493          [(10)] (j) appeal any adjudication under this chapter.
1494          (2) A minor facing a delinquency proceeding shall be advised of the minor's rights
1495     described in Subsection (1).
1496          Section 24. Section 80-6-606 is amended to read:
1497          80-6-606. Validated risk and needs assessment -- Examination of minor or
1498     minor's parent or guardian -- Temporary custody or appointment of guardian.
1499          (1) (a) If a minor is adjudicated for an offense under this chapter, the minor shall
1500     undergo a risk screening or, if indicated, a validated risk and needs assessment.
1501          (b) If a minor undergoes a risk screening or a validated risk and needs assessment, the
1502     results of the screening or assessment shall be used to inform the juvenile court's disposition
1503     and any case planning for the minor.
1504          (c) If a minor undergoes a validated risk and needs assessment, the results of the
1505     assessment may not be shared with the juvenile court before the adjudication of the minor.
1506          (2) If the juvenile court's continuing jurisdiction over a minor's case is terminated, the
1507     minor shall undergo a validated risk and needs assessment within seven days of the day on
1508     which an order terminating the juvenile court's continuing jurisdiction is issued if:
1509          (a) the minor is adjudicated under this chapter; and
1510          (b) the minor underwent a validated risk and needs assessment under Subsection (1).
1511          (3) (a) If a petition under this chapter has been filed for a minor, a juvenile court may:
1512          (i) order that the minor be examined by a physician, surgeon, psychiatrist, or
1513     psychologist; and

1514          (ii) place the minor in a hospital or other facility for examination.
1515          (b) After notice and a hearing set for the specific purpose, the juvenile court may order
1516     an examination of a minor's parent or guardian whose ability to care for a minor is at issue if
1517     the juvenile court finds from the evidence presented at the hearing that the parent's or
1518     guardian's physical, mental, or emotional condition may be a factor in causing the delinquency
1519     of the minor.
1520          (c) An examination conducted in accordance with this Subsection (3) is not a
1521     privileged communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from
1522     the general rule of privilege.
1523          (4) (a) Subject to Subsection (4)(b), if a petition under this chapter has been filed for a
1524     child, a juvenile court may:
1525          (i) place the child in the temporary custody of a relative or other suitable individual if
1526     the child's parent or guardian consents to the placement;
1527          (ii) appoint a guardian for the child if it appears a guardian is in the necessary interests
1528     of the child and the child's parent or guardian consents to the appointment; or
1529          (iii) place the child in the temporary custody of a relative or other suitable individual
1530     under Subsection (4)(a)(i) or appoint a guardian for the child under Subsection (4)(a)(ii)
1531     without the consent of the child's parent or guardian if the child's parent or guardian cannot be
1532     located with reasonable diligence.
1533          (b) The juvenile court may not grant temporary custody or a guardianship of a child to
1534     the Division of Child and Family Services under Subsection (4)(a) to address the minor's
1535     ungovernable or other behavior, mental health, or other disability, unless the Division of Child
1536     and Family Services:
1537          (i) engages other relevant divisions of the department in conducting an assessment of
1538     the child and the child's family's needs;
1539          (ii) based on an assessment under Subsection (4)(b)(i), determines that granting
1540     temporary custody or a guardianship of the child to the Division of Child and Family Services
1541     is the least restrictive intervention for the child that meets the child's needs; and
1542          (iii) consents to the child being committed to the temporary custody of, or placed in a
1543     guardianship, with the Division of Child and Family Services.
1544          Section 25. Section 80-6-709 is amended to read:

1545          80-6-709. Payment of fines, fees, restitution, or other costs -- Community or
1546     compensatory service -- Property damage -- Unpaid balances.
1547          (1) (a) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile
1548     court may order a minor to:
1549          (i) pay a fine, fee, or other cost;
1550          (ii) pay restitution in accordance with Section 80-6-710; or
1551          (iii) complete community or compensatory service hours.
1552          (b) (i) If the juvenile court orders the minor to pay restitution under Subsection (1)(a), a
1553     juvenile probation officer may permit the minor to complete a work program in lieu of paying
1554     part or all of the restitution by the juvenile court.
1555          (ii) If the juvenile court orders the minor to complete community or compensatory
1556     service hours, a juvenile probation officer may permit the minor to complete a work program to
1557     help the minor complete the community or compensatory service hours.
1558          (c) The juvenile court may, through a juvenile probation officer, encourage the
1559     development of nonresidential employment or a work program to enable a minor to fulfill the
1560     minor's obligations under Subsection (1)(a).
1561          (d) Notwithstanding this section, a juvenile court may not place a minor on a ranch,
1562     forestry camp, or other residential work program for care or work.
1563          (2) If the juvenile court orders a minor to pay a fine, fee, restitution, or other cost, or to
1564     complete community or compensatory service hours, the juvenile court shall consider the
1565     dispositions collectively to ensure that an order:
1566          (a) is reasonable;
1567          (b) prioritizes restitution; and
1568          [(c) takes into account the minor's ability to satisfy the order within the presumptive
1569     period of supervision under Section 80-6-712, or Section 80-6-802 if the minor is ordered to
1570     secure care.]
1571          (c) except for restitution as provided in Subsection 80-6-710(5)(c), takes into account
1572     the minor's ability to pay the fine, fee, or other cost within the presumptive period under
1573     Section 80-6-712 or Section 80-6-802 if the minor is ordered to secure care.
1574          (3) (a) If the juvenile court orders a minor to pay a fine, fee, or other cost, or complete
1575     community or compensatory service hours, the cumulative order shall be limited per criminal

1576     episode as follows:
1577          (i) for a minor under 16 years old at the time of adjudication, the juvenile court may
1578     impose up to $190 or up to 24 hours of community or compensatory service; and
1579          (ii) for a minor 16 years old or older at the time of adjudication, the juvenile court may
1580     impose up to $280 or up to 36 hours of community or compensatory service.
1581          (b) The cumulative order under Subsection (3)(a) does not include restitution.
1582          (4) (a) If the juvenile court converts a fine, fee, or restitution amount to compensatory
1583     service hours, the rate of conversion shall be no less than the minimum wage.
1584          (b) If the juvenile court orders a minor to complete community service, the
1585     presumptive service order shall include between five and 10 hours of service.
1586          (c) If a minor completes an approved substance use disorder prevention or treatment
1587     program or other court-ordered condition, the minor may be credited with compensatory
1588     service hours for the completion of the program or condition by the juvenile court.
1589          (5) (a) If a minor commits an offense involving the use of graffiti under Section
1590     76-6-106 or 76-6-206, the juvenile court may order the minor to clean up graffiti created by the
1591     minor or any other individual at a time and place within the jurisdiction of the juvenile court.
1592          (b) The minor may complete the order of the juvenile court under Subsection (5)(a) in
1593     the presence and under the direct supervision of the minor's parent, guardian, or custodian.
1594          (c) The minor's parent, guardian, or custodian shall report completion of the order to
1595     the juvenile court.
1596          (d) The juvenile court may also require the minor to perform other alternative forms of
1597     restitution or repair to the damaged property in accordance with Section 80-6-710.
1598          (6) (a) Except as provided in Subsection (6)(b), the juvenile court may issue orders
1599     necessary for the collection of restitution and fines ordered under this section, including
1600     garnishments, wage withholdings, and executions.
1601          (b) The juvenile court may not issue an order under Subsection (6)(a) if the juvenile
1602     court orders a disposition that changes custody of a minor, including detention, secure care, or
1603     any other secure or nonsecure residential placement.
1604          (7) Any information necessary to collect unpaid fines, fees, assessments, [bail,] or
1605     restitution may be forwarded to employers, financial institutions, law enforcement, constables,
1606     the Office of Recovery Services, or other agencies for purposes of enforcing an order under this

1607     section.
1608          (8) (a) If, before the entry of any order terminating the juvenile court's continuing
1609     jurisdiction over a minor's case, there remains an unpaid balance for any fine, fee, or restitution
1610     ordered by the juvenile court, the juvenile court shall:
1611          (i) record all pertinent information for the unpaid balance in the minor's file[.]; and
1612          (ii) if there is an unpaid amount of restitution, record the amount of unpaid restitution
1613     as a civil judgment and list the victim, or the estate of the victim, as the judgment creditor in
1614     the civil judgment.
1615          (b) The juvenile court may not transfer responsibility to collect unpaid fines, fees,
1616     surcharges, and restitution for a minor's case to the Office of State Debt Collection created in
1617     Section 63A-3-502.
1618          [(c) The juvenile court shall reduce a restitution order to a judgment and list the victim,
1619     or the estate of the victim, as the judgment creditor in the judgment.]
1620          Section 26. Section 80-6-710 is amended to read:
1621          80-6-710. Determination of restitution -- Requirements.
1622          (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order the
1623     minor to repair, replace, or otherwise make restitution for:
1624          (a) material loss caused by an offense listed in the petition; or
1625          (b) conduct for which the minor agrees to make restitution.
1626          (2) Within seven days after the day on which a petition is filed under this chapter, the
1627     prosecuting attorney or a juvenile probation officer shall provide notification of the restitution
1628     process to all reasonably identifiable and locatable victims of an offense listed in the petition.
1629          (3) A victim that receives notice under Subsection (2) is responsible for providing the
1630     [prosecutor] prosecuting attorney with:
1631          (a) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
1632     loss;
1633          (b) all documentation of any compensation or reimbursement from an insurance
1634     company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
1635          (c) if available, the victim's proof of identification, including the victim's date of birth,
1636     social security number, or driver license number; and
1637          (d) the victim's contact information, including the victim's current home and work

1638     address and telephone number.
1639          (4) A prosecuting attorney or victim shall submit a request for restitution to the
1640     juvenile court:
1641          (a) if feasible, at the time of disposition; or
1642          (b) within 90 days after disposition.
1643          [(5) The juvenile court shall order a financial disposition that prioritizes the payment of
1644     restitution.]
1645          [(6) To determine whether restitution, or the amount of restitution, is appropriate under
1646     Subsection (1),]
1647          (5) In an order for restitution under Subsection (1), the juvenile court:
1648          (a) shall only order restitution for the victim's material loss;
1649          (b) may not order restitution if the juvenile court finds that the minor is unable to pay
1650     or acquire the means to pay;
1651          (c) shall take into account:
1652          (i) the minor's ability to satisfy the restitution order within six months from the day on
1653     which restitution is ordered; or
1654          (ii) if the minor participates in a restorative justice program under Subsection (6), the
1655     amount or conditions of restitution agreed upon by the minor and the victim of the adjudicated
1656     offense;
1657          [(c)] (d) shall credit any amount paid by the minor to the victim in a civil suit against
1658     restitution owed by the minor; and
1659          [(d) shall take into account the presumptive period of supervision for the minor's case
1660     under Section 80-6-712, or the presumptive period of commitment for secure care under
1661     Section 80-6-804 if the minor is ordered to secure care, in determining the minor's ability to
1662     satisfy the restitution order within that presumptive term; and]
1663          (e) shall credit any amount paid to the victim in restitution against liability in a civil
1664     suit.
1665          [(7)] (6) If the minor and the victim of the adjudicated offense agree to participate, the
1666     juvenile court may refer the minor's case to a restorative justice program, such as victim
1667     offender mediation, to address how loss resulting from the adjudicated offense may be
1668     addressed.

1669          [(8)] (7) (a) The juvenile court may require a minor to reimburse an individual, entity,
1670     or governmental agency who offered and paid a reward to a person for providing information
1671     resulting in an adjudication of a minor for the commission of an offense.
1672          [(9)] (b) If a minor is returned to this state in accordance with Title 55, Chapter 12,
1673     Interstate Compact for Juveniles, the juvenile court may order the minor to make restitution for
1674     costs expended by any governmental entity for the return of the minor.
1675          Section 27. Section 80-6-711 is amended to read:
1676          80-6-711. Suspending a disposition.
1677          (1) Except as otherwise provided in Subsection (2), a juvenile court may not suspend a
1678     disposition ordered under this part.
1679          (2) (a) If a minor qualifies for [secure care under Section 80-6-705] commitment to the
1680     division under Section 80-6-703, the juvenile court may suspend a disposition for commitment
1681     to the division [under Section 80-6-703] in lieu of immediate commitment, upon the condition
1682     that the minor commit no new misdemeanor or felony offense within 90 days after the day on
1683     which the juvenile court suspends the disposition for commitment.
1684          (b) The duration of a suspended disposition under Subsection (2)(a) may not:
1685          (i) exceed 90 days after the day on which the juvenile court suspends the disposition
1686     for commitment; and
1687          (ii) be extended under any circumstance.
1688          (3) The juvenile court may only lift a suspension of a disposition under Subsection
1689     (2)(a):
1690          (a) following adjudication of a new misdemeanor or felony offense committed by the
1691     minor during the period of suspension set out under Subsection (2)(a);
1692          (b) if a new assessment or evaluation has been completed and the assessment or
1693     evaluation recommends that a higher level of care is needed and nonresidential treatment
1694     options have been exhausted or nonresidential treatment options are not appropriate; or
1695          (c) if, after a notice and a hearing, the juvenile court finds:
1696          (i) a new or previous evaluation recommends a higher level of treatment; and
1697          (ii) the minor willfully failed to comply with a lower level of treatment and has been
1698     unsuccessfully discharged from treatment.
1699          (4) A suspended disposition under Subsection (1) may not be imposed without:

1700          (a) notice to the minor and the minor's counsel; and
1701          (b) a hearing.
1702          Section 28. Section 80-6-712 is amended to read:
1703          80-6-712. Time periods for supervision of probation or placement -- Termination
1704     of continuing jurisdiction.
1705          (1) If the juvenile court places a minor on probation under Section 80-6-702, the
1706     juvenile court shall establish a period of time for supervision for the minor that is:
1707          (a) if the minor is placed on intake probation, no more than three months; or
1708          (b) if the minor is placed on formal probation, from four to six months, but may not
1709     exceed six months.
1710          (2) (a) If the juvenile court commits a minor to the division under Section 80-6-703,
1711     and the minor's case is under the jurisdiction of the court, the juvenile court shall establish:
1712          (i) for a minor placed out of the home, a period of custody from three to six months,
1713     but may not exceed six months; and
1714          (ii) for aftercare services if the minor was placed out of the home, a period of
1715     supervision from three to four months, but may not exceed four months.
1716          (b) A minor may be supervised for aftercare services under Subsection (2)(a)(ii):
1717          (i) in the home of a qualifying relative or guardian[, or];
1718          (ii) at an independent living program contracted or operated by the division[.]; or
1719          (iii) in a family-based setting with approval by the director or the director's designee if
1720     the minor does not qualify for an independent living program due to age, disability, or another
1721     reason or the minor cannot be placed with a qualifying relative or guardian.
1722          (3) If the juvenile court orders a minor to secure care, the authority shall:
1723          (a) have jurisdiction over the minor's case; and
1724          (b) apply the provisions of Part 8, Commitment and Parole.
1725          (4) (a) [In accordance with Section 80-6-711 and Subsections (1) and (2), the] The
1726     juvenile court shall terminate continuing jurisdiction over a minor's case at the end of the time
1727     period described in Subsection (1) for probation[,] or Subsection (2) for commitment to the
1728     division, unless:
1729          (i) termination would interrupt the completion of the treatment program determined to
1730     be necessary by the results of a validated risk and needs assessment under Section 80-6-606;

1731          (ii) the minor commits a new misdemeanor or felony offense;
1732          (iii) the minor has not completed community or compensatory service hours [have not
1733     been completed];
1734          (iv) there is an outstanding fine; or
1735          [(v) there is a failure to pay restitution in full.]
1736          (v) the minor has not paid restitution in full.
1737          (b) The juvenile court shall determine whether a minor has completed a treatment
1738     program under Subsection (4)(a)(i) by considering:
1739          (i) the recommendations of the licensed service provider for the treatment program;
1740          (ii) the minor's record in the treatment program; and
1741          (iii) the minor's completion of the goals of the treatment program.
1742          (5) Subject to [Subsection (8)] Subsections (6) and (7), if one of the circumstances
1743     under Subsection (4) exists the juvenile court may extend supervision for the time needed to
1744     address the specific circumstance.
1745          [(6) If a circumstance under Subsection (4)(a)(iii), (iv), or (v) exists, the juvenile court
1746     may extend supervision for no more than three months.]
1747          (6) If the juvenile court extends supervision solely on the ground that the minor has not
1748     yet completed community or compensatory service hours under Subsection (4)(a)(iii), the
1749     juvenile court may only extend supervision:
1750          (a) one time for no more than three months; and
1751          (b) as intake probation.
1752          (7) (a) If the juvenile court extends jurisdiction solely on the ground that the minor has
1753     not paid restitution in full as described in Subsection (4)(a)(v):
1754          (i) the juvenile court may only:
1755          (A) extend jurisdiction up to four times for no more than three months at a time;
1756          (B) consider the efforts of the minor to pay restitution in full when determining
1757     whether to extend jurisdiction under Subsection (7)(a)(i); and
1758          (C) make orders concerning the payment of restitution during the period for which
1759     jurisdiction is extended;
1760          (ii) the juvenile court shall terminate any intake probation or formal probation of the
1761     minor; and

1762          (iii) a designated staff member of the juvenile court shall submit a report to the juvenile
1763     court every three months regarding the minor's efforts to pay restitution.
1764          (b) If the juvenile court finds that a minor is not making an effort to pay restitution, the
1765     juvenile court shall:
1766          (i) terminate jurisdiction over the minor's case; and
1767          (ii) record the amount of unpaid restitution as a civil judgment in accordance with
1768     Subsection 80-6-709(8).
1769          [(7)] (8) If the juvenile court extends supervision or jurisdiction under this section, the
1770     grounds for the extension and the length of any extension shall be recorded in the court records
1771     and tracked in the data system used by the Administrative Office of the Courts and the division.
1772          [(8) For a minor who is under the continuing jurisdiction of the juvenile court and
1773     whose supervision is extended under Subsection (4)(a)(iii), (iv), or (v), supervision may only
1774     be extended as intake probation.]
1775          (9) If a minor leaves supervision without authorization for more than 24 hours, the
1776     supervision period for the minor shall toll until the minor returns.
1777          (10) This section does not apply to any minor adjudicated under this chapter for:
1778          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1779          (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
1780          (c) Section 76-5-203, murder or attempted murder;
1781          (d) Section 76-5-205, manslaughter;
1782          (e) Section 76-5-206, negligent homicide;
1783          (f) Section 76-5-207, automobile homicide;
1784          (g) Section 76-5-207.5, automobile homicide involving handheld wireless
1785     communication device;
1786          (h) Section 76-5-208, child abuse homicide;
1787          (i) Section 76-5-209, homicide by assault;
1788          (j) Section 76-5-302, aggravated kidnapping;
1789          (k) Section 76-5-405, aggravated sexual assault;
1790          (l) a felony violation of Section 76-6-103, aggravated arson;
1791          (m) Section 76-6-203, aggravated burglary;
1792          (n) Section 76-6-302, aggravated robbery;

1793          (o) Section 76-10-508.1, felony discharge of a firearm;
1794          (p) (i) an offense other than an offense listed in Subsections (10)(a) through (o)
1795     involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
1796          (ii) the minor has been previously adjudicated or convicted of an offense involving the
1797     use of a dangerous weapon; or
1798          (q) a felony offense other than an offense listed in Subsections (10)(a) through (p) and
1799     the minor has been previously committed to the division for secure care.
1800          Section 29. Section 80-6-802 is amended to read:
1801          80-6-802. Commitment to secure care -- Rights of individuals in secure care.
1802          (1) If a youth offender is ordered to secure care under Section 80-6-705, the youth
1803     offender shall remain in secure care until the youth offender is:
1804          (a) 21 years old;
1805          (b) paroled; or
1806          (c) discharged.
1807          (2) If a serious youth offender is ordered to secure care under Section 80-6-705, the
1808     serious youth offender shall remain in secure care until the serious youth offender is:
1809          (a) 25 years old;
1810          (b) paroled; or
1811          (c) discharged.
1812          (3) (a) Subject to Subsection (3)(b), a juvenile offender in secure care, or an individual
1813     housed in a secure care facility under Section 80-6-507, has the right to:
1814          (i) phone the juvenile offender's or individual's parent, guardian, or an attorney [while
1815     the juvenile offender is in secure care]; and
1816          (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
1817     custodian.
1818          (b) The division may:
1819          (i) establish a schedule for which a juvenile offender, or an individual housed in a
1820     secure care facility under Section 80-6-507, may visit or phone a person described in
1821     Subsection (3)(a);
1822          (ii) allow a juvenile offender, or an individual housed in a secure care facility under
1823     Section 80-6-507, to visit or call persons described in Subsection (3)(a) in special

1824     circumstances;
1825          (iii) limit the number and length of calls and visits for a juvenile offender, or an
1826     individual housed in a secure care facility under Section 80-6-507, to persons described in
1827     Subsection (3)(a) on account of scheduling, facility, or personnel constraints; or
1828          (iv) limit the [juvenile's] juvenile offender's or individual's rights under Subsection
1829     (3)(a) if a compelling reason exists to limit the [juvenile's] juvenile offender's or individual's
1830     rights.
1831          (c) A juvenile offender in secure care, or an individual housed in a secure care facility
1832     under Section 80-6-507, shall be advised of the rights described in Subsection (3)(a).
1833          Section 30. Section 80-6-804 is amended to read:
1834          80-6-804. Review and termination of secure care.
1835          (1) If a juvenile offender is ordered to secure care under Section 80-6-705, the juvenile
1836     offender shall appear before the authority within 45 days after the day on which the juvenile
1837     offender is ordered to secure care for review of a treatment plan and to establish parole release
1838     guidelines.
1839          (2) (a) If a juvenile offender is ordered to secure care under Section 80-6-705, the
1840     authority shall set a presumptive term of commitment for the juvenile offender from three to
1841     six months, but the presumptive term may not exceed six months.
1842          (b) The authority shall release the juvenile offender on parole at the end of the
1843     presumptive term of commitment unless:
1844          (i) termination would interrupt the completion of a treatment program determined to be
1845     necessary by the results of a validated risk and needs assessment under Section 80-6-606; or
1846          (ii) the juvenile offender commits a new misdemeanor or felony offense.
1847          (c) The authority shall determine whether a juvenile offender has completed a
1848     treatment program under Subsection (2)(b)(i) by considering:
1849          (i) the recommendations of the licensed service provider for the treatment program;
1850          (ii) the juvenile offender's record in the treatment program; and
1851          (iii) the juvenile offender's completion of the goals of the treatment program.
1852          (d) The authority may extend the length of commitment and delay parole release for the
1853     time needed to address the specific circumstance if one of the circumstances under Subsection
1854     (2)(b) exists.

1855          (e) The authority shall:
1856          (i) record the length of the extension and the grounds for the extension; and
1857          (ii) report annually the length and grounds of extension to the commission.
1858          (f) Records under Subsection (2)(e) shall be tracked in the data system used by the
1859     juvenile court and the division.
1860          (3) (a) If a juvenile offender is committed to secure care, the authority shall set a
1861     presumptive term of parole supervision, including aftercare services, from three to four months,
1862     but the presumptive term may not exceed four months.
1863          (b) If the authority determines that a juvenile offender is unable to return home
1864     immediately upon release, the juvenile offender may serve the term of parole:
1865          (i) in the home of a qualifying relative or guardian [or];
1866          (ii) at an independent living program contracted or operated by the division[.]; or
1867          (iii) in a family-based setting with approval by the director or the director's designee if
1868     the minor does not qualify for an independent living program due to age, disability, or another
1869     reason or the minor cannot be placed with a qualifying relative or guardian.
1870          (c) The authority shall release a juvenile offender from parole and terminate the
1871     authority's jurisdiction at the end of the presumptive term of parole, unless:
1872          (i) termination would interrupt the completion of a treatment program that is
1873     determined to be necessary by the results of a validated risk and needs assessment under
1874     Section 80-6-606;
1875          (ii) the juvenile offender commits a new misdemeanor or felony offense; or
1876          (iii) restitution has not been completed.
1877          (d) The authority shall determine whether a juvenile offender has completed a
1878     treatment program under Subsection (2)(c)(i) by considering:
1879          (i) the recommendations of the licensed service provider;
1880          (ii) the juvenile offender's record in the treatment program; and
1881          (iii) the juvenile offender's completion of the goals of the treatment program.
1882          (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
1883     parole release only for the time needed to address the specific circumstance.
1884          (f) The authority shall:
1885          (i) record the grounds for extension of the presumptive length of parole and the length

1886     of the extension; and
1887          (ii) report annually the extension and the length of the extension to the commission.
1888          (g) Records under Subsection (3)(f) shall be tracked in the data system used by the
1889     juvenile court and the division.
1890          (h) If a juvenile offender leaves parole supervision without authorization for more than
1891     24 hours, the term of parole shall toll until the juvenile offender returns.
1892          (4) Subsections (2) and (3) do not apply to a juvenile offender committed to secure
1893     care for:
1894          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1895          (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
1896          (c) Section 76-5-203, murder or attempted murder;
1897          (d) Section 76-5-205, manslaughter;
1898          (e) Section 76-5-206, negligent homicide;
1899          (f) Section 76-5-207, automobile homicide;
1900          (g) Section 76-5-207.5, automobile homicide involving a handheld wireless
1901     communication device;
1902          (h) Section 76-5-208, child abuse homicide;
1903          (i) Section 76-5-209, homicide by assault;
1904          (j) Section 76-5-302, aggravated kidnapping;
1905          (k) Section 76-5-405, aggravated sexual assault;
1906          (l) a felony violation of Section 76-6-103, aggravated arson;
1907          (m) Section 76-6-203, aggravated burglary;
1908          (n) Section 76-6-302, aggravated robbery;
1909          (o) Section 76-10-508.1, felony discharge of a firearm;
1910          (p) (i) an offense other than an offense listed in Subsections (4)(a) through (o)
1911     involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
1912          (ii) the juvenile offender has been previously adjudicated or convicted of an offense
1913     involving the use of a dangerous weapon, as defined in Section 76-1-601; or
1914          (q) an offense other than an offense listed in Subsections (4)(a) through (p) and the
1915     juvenile offender has been previously committed to the division for secure care.
1916          (5) (a) The division may continue to have responsibility over a juvenile offender, who

1917     is discharged under this section from parole, to participate in a specific educational or
1918     rehabilitative program:
1919          (i) until the juvenile offender is:
1920          (A) if the juvenile offender is a youth offender, 21 years old; or
1921          (B) if the juvenile offender is a serious youth offender, 25 years old; and
1922          (ii) under an agreement by the division and the juvenile offender that the program has
1923     certain conditions.
1924          (b) The division and the juvenile offender may terminate participation in a program
1925     under Subsection (5)(a) at any time.
1926          (c) The division shall offer an educational or rehabilitative program before a juvenile
1927     offender's discharge date in accordance with this section.
1928          (d) A juvenile offender may request the services described in this Subsection (5), even
1929     if the offender has been previously declined services or services were terminated for
1930     noncompliance.
1931          (e) Notwithstanding Subsection (5)(c), the division:
1932          (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
1933     services described in this Subsection (5) for up to 365 days after the juvenile offender's
1934     effective date of discharge, even if the juvenile offender has previously declined services or
1935     services were terminated for noncompliance; and
1936          (ii) may reach an agreement with the juvenile offender to provide the services
1937     described in this Subsection (5) until the juvenile offender is:
1938          (A) if the juvenile offender is a youth offender, 21 years old; or
1939          (B) if the juvenile offender is a serious youth offender, 25 years old.
1940          (f) The division and the juvenile offender may terminate an agreement for services
1941     under this Subsection (5) at any time.
1942          Section 31. Coordinating H.B. 299 with H.B. 171 -- Substantive amendment.
1943          If this H.B. 299 and H.B. 171, Custodial Interrogation Amendments, both pass and
1944     become law, it is the intent of the Legislature that the Office of Legislative Research and
1945     General Counsel prepare the database for publication by:
1946          (1) amending Subsection 80-6-206(1)(a) in H.B. 171 to read:
1947          "(a) "Custodial interrogation" means any interrogation of an individual while the

1948     individual is in custody."; and
1949          (2) amending Subsection 80-6-206(5)(a) in this bill to read:
1950          "(5)(a) If an individual is admitted to a detention facility under Section 80-6-205,
1951     committed to a secure care facility under Section 80-6-705, or housed in a secure care
1952     facility under Section 80-6-507, and the individual is subject to a custodial interrogation for an
1953     offense, the individual may not be interrogated unless:".