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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends provisions regarding fines imposed for proof of age violations on minors;
13 ▸ amends provisions related to court surcharges imposed by the juvenile court;
14 ▸ addresses the payment or reimbursement by a minor or the minor's parent or
15 guardian to an agency for the cost of obtaining a DNA specimen;
16 ▸ modifies the duties of the Commission on Criminal and Juvenile Justice regarding
17 the statewide sliding scale for the assessment of fines and fees for minors;
18 ▸ amends penalties for violations of buying or possessing tobacco or electronic
19 cigarette products by minors;
20 ▸ amends provisions related to security surcharges in juvenile delinquency cases;
21 ▸ repeals a provision regarding payment for retrieving a juvenile court record;
22 ▸ amends provisions regarding the payment of a fine or fee for contempt in court by a
23 child;
24 ▸ amends provisions related to the payment of child support for a child in state
25 custody;
26 ▸ amends provisions related to the costs of treatment for an offender or victim;
27 ▸ amends the definition of "compensatory service" in regards to juvenile justice;
28 ▸ addresses outstanding balances of fines, fees, costs, and other financial obligations
29 for minors;
30 ▸ amends provisions relating to the financial penalties for nonjudicial adjustments;
31 ▸ provides that a juvenile probation officer may not require a minor to pay a financial
32 penalty, cost, surcharge, or fee for a nonjudicial adjustment;
33 ▸ repeals provisions relating to the payment of a fee, fine, or other financial penalty by
34 a minor facing a delinquency proceeding in the juvenile court;
35 ▸ provides that a juvenile court may not issue a garnishment, wage withholding, or
36 execution on a minor or the minor's parent or guardian for the collection of
37 restitution;
38 ▸ provides that a juvenile court may not order a minor to be detained in a secure or
39 nonsecure residential placement in order to collect restitution;
40 ▸ prohibits the juvenile court from requiring a minor or the minor's parent or guardian
41 to reimburse a reward for the minor or to pay the costs of a governmental entity
42 returning the minor to the state;
43 ▸ prohibits the collection of a fee for youth court participation and provides that a
44 youth court is responsible for costs;
45 ▸ prohibits the charge of a fee for a juvenile expungement;
46 ▸ repeals a statute on payment of support and maintenance by a juvenile offender or a
47 juvenile offender's parent or legal guardian; and
48 ▸ makes technical and conforming changes.
49 Money Appropriated in this Bill:
50 None
51 Other Special Clauses:
52 This bill provides a special effective date.
53 Utah Code Sections Affected:
54 AMENDS:
55 32B-4-411, as last amended by Laws of Utah 2021, Chapter 262
56 51-9-401, as last amended by Laws of Utah 2021, Chapter 262
57 53-10-404, as last amended by Laws of Utah 2021, Chapter 262
58 53-10-404.5, as last amended by Laws of Utah 2014, Chapter 331
59 63M-7-208, as last amended by Laws of Utah 2021, Chapter 262
60 76-10-105, as last amended by Laws of Utah 2021, Chapter 262
61 78A-2-601, as last amended by Laws of Utah 2021, Chapter 262
62 78A-6-209, as last amended by Laws of Utah 2021, Chapter 261
63 78A-6-353, as renumbered and amended by Laws of Utah 2021, Chapter 261
64 78A-6-356, as renumbered and amended by Laws of Utah 2021, Chapter 261
65 80-3-403, as renumbered and amended by Laws of Utah 2021, Chapter 261
66 80-6-102, as enacted by Laws of Utah 2021, Chapter 261
67 80-6-304, as renumbered and amended by Laws of Utah 2021, Chapter 261
68 80-6-608, as renumbered and amended by Laws of Utah 2021, Chapter 261
69 80-6-703, as enacted by Laws of Utah 2021, Chapter 261
70 80-6-704, as enacted by Laws of Utah 2021, Chapter 261
71 80-6-705, as enacted by Laws of Utah 2021, Chapter 261
72 80-6-709, as enacted by Laws of Utah 2021, Chapter 261
73 80-6-710, as enacted by Laws of Utah 2021, Chapter 261
74 80-6-712, as enacted by Laws of Utah 2021, Chapter 261
75 80-6-906, as renumbered and amended by Laws of Utah 2021, Chapter 261
76 80-6-1007, as renumbered and amended by Laws of Utah 2021, Chapter 261
77 ENACTS:
78 80-6-104, Utah Code Annotated 1953
79 REPEALS:
80 80-6-803, as renumbered and amended by Laws of Utah 2021, Chapter 261
81
82 Be it enacted by the Legislature of the state of Utah:
83 Section 1. Section 32B-4-411 is amended to read:
84 32B-4-411. Minor's unlawful use of proof of age.
85 (1) As used in this section, "proof of age violation" means a violation by a minor of:
86 (a) Chapter 1, Part 4, Proof of Age Act; or
87 (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
88 Part 4, Proof of Age Act:
89 (i) Section 32B-4-409; or
90 (ii) Section 32B-4-410.
91 (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
92 penalties provided for in Subsection (1):
93 (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
94 (ii) for a second violation, the minor is guilty of a class A misdemeanor; and
95 (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
96 except that the court may impose:
97 [
98 [
99 Section 41-6a-501;
100 [
101 [
102 program hours;
103 [
104 [
105 [
106 (b) (i) for a minor who is younger than 18 years old:
107 (A) the court may forward to the Driver License Division a record of an adjudication
108 under Section 80-6-701, for a violation under this section; and
109 (B) the provisions regarding suspension of a driver license under Section 80-6-707
110 apply; and
111 (ii) for a minor who is at least 18 years old, but younger than 21 years old:
112 (A) the court shall forward to the Driver License Division a record of conviction for a
113 violation under this section; and
114 (B) the Driver License Division shall suspend the person's license under Section
115 53-3-220; and
116 (c) notwithstanding Subsection (2)(a), if a minor is adjudicated under Section
117 80-6-701, the court may order:
118 (i) substance use disorder treatment or an educational series only if the minor has an
119 assessed need for the intervention based on the results of a validated assessment; and
120 (ii) [
121 accordance with Section 80-6-709.
122 (3) (a) Notwithstanding Subsection (2)(b), the court may reduce the suspension period
123 under Subsection 53-3-220(1)(e) or 80-6-707(4)(a)(ii)(A) if:
124 (i) the violation is the minor's first violation of this section; and
125 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
126 (B) the minor demonstrates substantial progress in substance use disorder treatment.
127 (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
128 suspension period under Subsection 53-3-220(1)(e) or 80-6-707(4)(a)(ii)(B) if:
129 (i) the violation is the minor's second or subsequent violation of this section;
130 (ii) the person has completed an educational series as defined in Section 41-6a-501 or
131 demonstrated substantial progress in substance use disorder treatment; and
132 (iii) (A) the person is 18 years old or older and provides a sworn statement to the court
133 that the person has not unlawfully consumed alcohol or drugs for at least a one-year
134 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
135 80-6-707(4)(b)(ii)(A); or
136 (B) the minor is under 18 years old and has the minor's parent or legal guardian provide
137 an affidavit or sworn statement to the court certifying that to the parent or legal guardian's
138 knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year
139 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
140 80-6-707(4)(b)(ii)(B).
141 (4) When the Department of Public Safety receives the arrest or conviction record of an
142 individual for a driving offense committed while the individual's license is suspended pursuant
143 to this section, the Department of Public Safety shall extend the suspension for an additional
144 like period of time.
145 (5) A court may not fail to enter a judgment of conviction under this section under a
146 plea in abeyance agreement.
147 Section 2. Section 51-9-401 is amended to read:
148 51-9-401. Surcharge -- Application.
149 (1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures
150 imposed by the courts.
151 (b) The surcharge shall be:
152 (i) 90% upon conviction of a:
153 (A) felony;
154 (B) class A misdemeanor;
155 (C) violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless
156 Driving; or
157 (D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
158 violation of comparable county or municipal ordinances; or
159 (ii) 35% upon conviction of any other offense, including violation of county or
160 municipal ordinances not subject to the 90% surcharge.
161 (c) The Division of Finance shall deposit into the General Fund an amount equal to the
162 amount that the state retains under [
163 (2) The surcharge may not be imposed:
164 (a) upon nonmoving traffic violations;
165 (b) upon court orders when the offender is ordered to perform compensatory service
166 work in lieu of paying a fine; and
167 (c) by the juvenile court.
168 [
169
170 [
171
172
173 [
174 amounts assessed or collected separately by juvenile courts for the Juvenile Restitution
175 Account, which is independent of this part and does not affect the imposition or collection of
176 the surcharge.
177 (4) The surcharge under this section shall be imposed in addition to the fine charged
178 for a civil or criminal offense, and no reduction may be made in the fine charged due to the
179 surcharge imposition.
180 (5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
181 authorized and managed by this part rather than attached to particular offenses.
182 Section 3. Section 53-10-404 is amended to read:
183 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
184 (1) As used in this section, "person" [
185
186 (2) (a) [
187 53-10-403(1), or any person required to register as a sex offender under Title 77, Chapter 41,
188 Sex and Kidnap Offender Registry, shall:
189 (i) provide a DNA specimen [
190 (ii) reimburse the agency responsible for obtaining the DNA specimen $150 for the
191 cost of obtaining the DNA specimen [
192 [
193 reimburse the agency under Section 53-10-404.5; [
194 [
195 (C) except as provided in Subsection (2)(c).
196 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
197 determining if the person is able to pay the fee.
198 (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
199 determine an inmate's ability to pay.
200 (ii) An agency's guidelines and procedures may:
201 (A) provide for the assessment of $150 on the inmate's county trust fund account [
202
203 (B) allow a negative balance in the account until the $150 is paid in full.
204 (c) A minor described in Subsection 58-10-403(3) or the minor's parent or legal
205 guardian may not be required to pay or reimburse the agency responsible for obtaining a DNA
206 specimen from the minor.
207 (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
208 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
209 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
210 saliva DNA specimen.
211 (ii) The agency collecting the $150 fee may not retain from each separate fee more than
212 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
213 (b) (i) The responsible agency shall determine the method of collecting the DNA
214 specimen.
215 (ii) Unless the responsible agency determines there are substantial reasons for using a
216 different method of collection or the person refuses to cooperate with the collection, the
217 preferred method of collection shall be obtaining a saliva specimen.
218 (c) The responsible agency may use reasonable force, as established by [
219 agency's guidelines and procedures, to collect the DNA sample if the person refuses to
220 cooperate with the collection.
221 (d) If the judgment places the person on probation, the person shall submit to the
222 obtaining of a DNA specimen as a condition of the probation.
223 (e) (i) Under this section a person is required to:
224 (A) provide one DNA specimen; and
225 (B) except as provided in Subsection (2)(c), pay the collection fee as required under
226 this section.
227 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
228 previously provided is not adequate for analysis.
229 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
230 collected under this section.
231 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
232 any outstanding amount of a fee due under this section from any person who owes any portion
233 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
234 53-10-407.
235 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
236 possible and transferred to the Department of Public Safety:
237 (i) after a conviction or a finding of jurisdiction by the juvenile court;
238 (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
239 person for any offense under Subsection 53-10-403(1)(c); and
240 (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
241 as provided under Subsection 53-10-403(1)(d)(ii).
242 (b) On and after May 13, 2014, through December 31, 2014, the responsible agency
243 may cause a DNA specimen to be obtained and transferred to the Department of Public Safety
244 after the booking of a person for any felony offense, as provided under Subsection
245 53-10-403(1)(d)(i).
246 (c) If notified by the Department of Public Safety that a DNA specimen is not adequate
247 for analysis, the agency shall, as soon as possible:
248 (i) obtain and transmit an additional DNA specimen; or
249 (ii) request that another agency that has direct access to the person and that is
250 authorized to collect DNA specimens under this section collect the necessary second DNA
251 specimen and transmit it to the Department of Public Safety.
252 (d) Each agency that is responsible for collecting DNA specimens under this section
253 shall establish:
254 (i) a tracking procedure to record the handling and transfer of each DNA specimen it
255 obtains; and
256 (ii) a procedure to account for the management of all fees it collects under this section.
257 (5) (a) The Department of Corrections is the responsible agency whenever the person is
258 committed to the custody of or is under the supervision of the Department of Corrections.
259 (b) The juvenile court is the responsible agency regarding a minor under Subsection
260 53-10-403(3), but if the minor has been committed to the legal custody of the Division of
261 Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
262 minor has not previously been obtained by the juvenile court under Section 80-6-608.
263 (c) The sheriff operating a county jail is the responsible agency regarding the collection
264 of DNA specimens from persons who:
265 (i) have pled guilty to or have been convicted of an offense listed under Subsection
266 53-10-403(2) but who have not been committed to the custody of or are not under the
267 supervision of the Department of Corrections;
268 (ii) are incarcerated in the county jail:
269 (A) as a condition of probation for a felony offense; or
270 (B) for a misdemeanor offense for which collection of a DNA specimen is required;
271 (iii) on and after January 1, 2011, through May 12, 2014, are booked at the county jail
272 for any offense under Subsection 53-10-403(1)(c)[
273 (iv) are booked at the county jail:
274 (A) by a law enforcement agency that is obtaining a DNA specimen for any felony
275 offense on or after May 13, 2014, through December 31, 2014, under Subsection
276 53-10-404(4)(b); or
277 (B) on or after January 1, 2015, for any felony offense.
278 (d) Each agency required to collect a DNA specimen under this section shall:
279 (i) designate employees to obtain the saliva DNA specimens required under this
280 section; and
281 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
282 training and that the specimens are obtained in accordance with generally accepted protocol.
283 (6) (a) As used in this Subsection (6), "department" means the Department of
284 Corrections.
285 (b) Priority of obtaining DNA specimens by the department is:
286 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
287 of or under the supervision of the department before these persons are released from
288 incarceration, parole, or probation, if their release date is prior to that of persons under
289 Subsection (6)(b)(ii), but in no case later than July 1, 2004; and
290 (ii) second, the department shall obtain DNA specimens from persons who are
291 committed to the custody of the department or who are placed under the supervision of the
292 department after July 1, 2002, within 120 days after the commitment, if possible, but not later
293 than prior to release from incarceration if the person is imprisoned, or prior to the termination
294 of probation if the person is placed on probation.
295 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
296 is:
297 (i) first, persons on probation;
298 (ii) second, persons on parole; and
299 (iii) third, incarcerated persons.
300 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
301 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
302 specimens from persons in the custody of or under the supervision of the Department of
303 Corrections as of July 1, 2002, prior to their release.
304 (7) (a) As used in this Subsection (7):
305 (i) "Court" means the juvenile court.
306 (ii) "Division" means the Division of Juvenile Justice Services.
307 (b) Priority of obtaining DNA specimens by the court from minors under Section
308 53-10-403 whose cases are under the jurisdiction of the court but who are not in the legal
309 custody of the division shall be:
310 (i) first, to obtain specimens from minors whose cases, as of July 1, 2002, are under the
311 court's jurisdiction, before the court's jurisdiction over the minors' cases terminates; and
312 (ii) second, to obtain specimens from minors whose cases are under the jurisdiction of
313 the court after July 1, 2002, within 120 days of the minor's case being found to be within the
314 court's jurisdiction, if possible, but no later than before the court's jurisdiction over the minor's
315 case terminates.
316 (c) Priority of obtaining DNA specimens by the division from minors under Section
317 53-10-403 who are committed to the legal custody of the division shall be:
318 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
319 division's legal custody and who have not previously provided a DNA specimen under this
320 section, before termination of the division's legal custody of these minors; and
321 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
322 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
323 division, if possible, but no later than before the termination of the court's jurisdiction over the
324 minor's case.
325 (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
326 Justice Services, and all law enforcement agencies in the state shall by policy establish
327 procedures for obtaining saliva DNA specimens, and shall provide training for employees
328 designated to collect saliva DNA specimens.
329 (b) (i) The department may designate correctional officers, including those employed
330 by the adult probation and parole section of the department, to obtain the saliva DNA
331 specimens required under this section.
332 (ii) The department shall ensure that the designated employees receive appropriate
333 training and that the specimens are obtained in accordance with accepted protocol.
334 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.
335 Section 4. Section 53-10-404.5 is amended to read:
336 53-10-404.5. Obtaining DNA specimen at time of booking -- Payment of fee upon
337 conviction.
338 (1) (a) When a sheriff books a person for any offense under Subsections
339 53-10-403(1)(c) and (d), the sheriff shall obtain a DNA specimen from the person upon
340 booking of the person at the county jail, except under Subsection (1)(b).
341 (b) If at the time of booking the sheriff is able to obtain information from the bureau
342 stating that the bureau has on file a DNA specimen for the person, the sheriff is not required to
343 obtain an additional DNA specimen.
344 (2) [
345 Subsection (1) shall pay a fee of $150 for the cost of obtaining the DNA specimen if:
346 (a) the charge upon which the booking is based is resolved by a conviction or the
347 person is convicted of any charge arising out of the same criminal episode regarding which the
348 DNA specimen was obtained; and
349 (b) the person's DNA sample is not on file under Subsection (1)(b).
350 (3) (a) All fees collected under Subsection (2) shall be deposited [
351 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
352 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
353 DNA specimen.
354 (b) The agency collecting the $150 fee may not retain from each separate fee more than
355 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
356 (4) Any DNA specimen obtained under this section shall be held and may not be
357 processed until:
358 (a) the court has bound the person over for trial following a preliminary hearing for any
359 charge arising out of the same criminal episode regarding which the person was booked;
360 (b) the person has waived the preliminary hearing for any charge arising out of the
361 same criminal episode regarding which the person was booked; or
362 (c) a grand jury has returned an indictment for any charge arising out of the same
363 criminal episode regarding which the person was booked.
364 Section 5. Section 63M-7-208 is amended to read:
365 63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
366 (1) The Commission on Criminal and Juvenile Justice shall:
367 (a) support implementation and expansion of evidence-based juvenile justice programs
368 and practices, including assistance regarding implementation fidelity, quality assurance, and
369 ongoing evaluation;
370 (b) examine and make recommendations on the use of third-party entities or an
371 intermediary organization to assist with implementation and to support the performance-based
372 contracting system authorized in Subsection (1)(m);
373 (c) oversee the development of performance measures to track juvenile justice reforms,
374 and ensure early and ongoing stakeholder engagement in identifying the relevant performance
375 measures;
376 (d) evaluate currently collected data elements throughout the juvenile justice system
377 and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
378 inefficiencies, and ensure a focus on recidivism reduction;
379 (e) review averted costs from reductions in out-of-home placements for juvenile justice
380 youth placed with the Division of Juvenile Justice Services and the Division of Child and
381 Family Services, and make recommendations to prioritize the reinvestment and realignment of
382 resources into community-based programs for youth living at home, including the following:
383 (i) statewide expansion of:
384 (A) juvenile receiving centers, as defined in Section 80-1-102;
385 (B) mobile crisis outreach teams, as defined in Section 62A-15-102;
386 (C) youth courts; and
387 (D) victim-offender mediation;
388 (ii) statewide implementation of nonresidential diagnostic assessment;
389 (iii) statewide availability of evidence-based programs and practices including
390 cognitive behavioral and family therapy programs for minors assessed by a validated risk and
391 needs assessment as moderate or high risk;
392 (iv) implementation and infrastructure to support the sustainability and fidelity of
393 evidence-based juvenile justice programs, including resources for staffing, transportation, and
394 flexible funds; and
395 (v) early intervention programs such as family strengthening programs, family
396 wraparound services, and proven truancy interventions;
397 (f) assist the Administrative Office of the Courts in the development of a statewide
398 sliding scale for the assessment of [
399 minor's family to pay;
400 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
401 such as the operation of early intervention services, receiving centers, and diversion, and make
402 recommendations to reallocate functions as appropriate, in accordance with Section 80-5-401;
403 (h) ensure that data reporting is expanded and routinely review data in additional areas,
404 including:
405 (i) referral and disposition data by judicial district;
406 (ii) data on the length of time minors spend in the juvenile justice system, including the
407 total time spent under court jurisdiction, on community supervision, and in each out-of-home
408 placement;
409 (iii) recidivism data for minors who are diverted to a nonjudicial adjustment under
410 Section 80-6-304 and minors for whom dispositions are ordered under Section 80-6-701,
411 including tracking minors into the adult corrections system;
412 (iv) change in aggregate risk levels from the time minors receive services, are under
413 supervision, and are in out-of-home placement; and
414 (v) dosage of programming;
415 (i) develop a reasonable timeline within which all programming delivered to minors in
416 the juvenile justice system must be evidence-based or consist of practices that are rated as
417 effective for reducing recidivism by a standardized program evaluation tool;
418 (j) provide guidelines to be considered by the Administrative Office of the Courts and
419 the Division of Juvenile Justice Services in developing tools considered by the Administrative
420 Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
421 tools to be used for the evaluation of juvenile justice programs;
422 (k) develop a timeline to support improvements to juvenile justice programs to achieve
423 reductions in recidivism and review reports from relevant state agencies on progress toward
424 reaching that timeline;
425 (l) subject to Subsection (2), assist in the development of training for juvenile justice
426 stakeholders, including educators, law enforcement officers, probation staff, judges, Division
427 of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
428 providers;
429 (m) subject to Subsection (3), assist in the development of a performance-based
430 contracting system, which shall be developed by the Administrative Office of the Courts and
431 the Division of Juvenile Justice Services for contracted services in the community and
432 contracted out-of-home placement providers;
433 (n) assist in the development of a validated detention risk assessment tool that shall be
434 developed or adopted and validated by the Administrative Office of the Courts and the
435 Division of Juvenile Justice Services as provided in Section 80-5-203 on and after July 1,
436 2018; and
437 (o) annually issue and make public a report to the governor, president of the Senate,
438 speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
439 progress of the reforms and any additional areas in need of review.
440 (2) Training described in Subsection (1)(l) should include instruction on
441 evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
442 and fidelity, and shall be supplemented by the following topics:
443 (a) adolescent development;
444 (b) identifying and using local behavioral health resources;
445 (c) implicit bias;
446 (d) cultural competency;
447 (e) graduated responses;
448 (f) Utah juvenile justice system data and outcomes; and
449 (g) gangs.
450 (3) The system described in Subsection (1)(m) shall provide incentives for:
451 (a) the use of evidence-based juvenile justice programs and practices rated as effective
452 by the tools selected in accordance with Subsection (1)(j);
453 (b) the use of three-month timelines for program completion; and
454 (c) evidence-based programs and practices for minors living at home in rural areas.
455 (4) The Commission on Criminal and Juvenile Justice may delegate the duties imposed
456 under this section to a subcommittee or board established by the Commission on Criminal and
457 Juvenile Justice in accordance with Subsection 63M-7-204(2).
458 (5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
459 section takes effect July 1, 2018.
460 Section 6. Section 76-10-105 is amended to read:
461 76-10-105. Buying or possessing a tobacco product or an electronic cigarette
462 product by a minor -- Penalty -- Compliance officer authority -- Juvenile court
463 jurisdiction.
464 (1) An individual who is 18 years old or older, but younger than 21 years old, and who
465 buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an
466 electronic cigarette product, or a nicotine product is:
467 (a) guilty of an infraction; and
468 (b) subject to[
469 court-approved tobacco education or cessation program[
470
471 (2) (a) An individual who is under 18 years old and who buys or attempts to buy,
472 accepts, or has in the individual's possession a tobacco product, an electronic cigarette product,
473 or a nicotine product is subject to a citation under Section 80-6-302, unless the violation is
474 committed on school property under Section 53G-8-211.
475 (b) If a violation under this section is adjudicated under Section 80-6-701, the minor
476 may be subject to [
477
478
479 (3) (a) A compliance officer appointed by a board of education under Section
480 53G-4-402 may not issue a citation for a violation of this section committed on school
481 property.
482 (b) A cited violation committed on school property shall be addressed in accordance
483 with Section 53G-8-211.
484 Section 7. Section 78A-2-601 is amended to read:
485 78A-2-601. Security surcharge -- Application and exemptions -- Deposit into
486 restricted account.
487 (1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge
488 of $53 shall be assessed in all courts of record on all criminal convictions [
489
490 (2) The security surcharge may not be imposed upon:
491 (a) nonmoving traffic violations;
492 (b) community service; [
493 (c) [
494 case under Section 80-6-304[
495 (d) any juvenile delinquency judgment.
496 (3) (a) The security surcharge shall be collected after the surcharge under Section
497 51-9-401, but before any fine, and deposited with the state treasurer.
498 (b) A fine that would otherwise have been charged may not be reduced due to the
499 imposition of the security surcharge.
500 (4) The state treasurer shall deposit the collected security surcharge [
501 restricted account, Court Security Account, as provided in Section 78A-2-602.
502 Section 8. Section 78A-6-209 is amended to read:
503 78A-6-209. Court records -- Inspection.
504 (1) The juvenile court and the juvenile court's probation department shall keep records
505 as required by the board and the presiding judge.
506 (2) A court record shall be open to inspection by:
507 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
508 in the case, the attorneys, and agencies to which custody of a minor has been transferred;
509 (b) for information relating to adult offenders alleged to have committed a sexual
510 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
511 Title 76, Chapter 5, Offenses Against the Person, the State Board of Education for the purpose
512 of evaluating whether an individual should be permitted to obtain or retain a license as an
513 educator or serve as an employee or volunteer in a school, with the understanding that the State
514 Board of Education must provide the individual with an opportunity to respond to any
515 information gathered from the State Board of Education's inspection of the records before the
516 State Board of Education makes a decision concerning licensure or employment;
517 (c) the Criminal Investigations and Technical Services Division, established in Section
518 53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
519 and establishing good character for issuance of a concealed firearm permit as provided in
520 Section 53-5-704;
521 (d) the Division of Child and Family Services for the purpose of Child Protective
522 Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
523 administrative hearings in accordance with Section 62A-4a-1009;
524 (e) the Office of Licensing for the purpose of conducting a background check in
525 accordance with Section 62A-2-120;
526 (f) for information related to a minor who has committed a sexual offense, a felony, or
527 an offense that if committed by an adult would be a misdemeanor, the Department of Health
528 for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
529 licensee should be permitted to obtain or retain a license to provide child care, with the
530 understanding that the department must provide the individual who committed the offense with
531 an opportunity to respond to any information gathered from the Department of Health's
532 inspection of records before the Department of Health makes a decision concerning licensure;
533 (g) for information related to a minor who has committed a sexual offense, a felony, or
534 an offense that if committed by an adult would be a misdemeanor, the Department of Health to
535 determine whether an individual meets the background screening requirements of Title 26,
536 Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
537 department must provide the individual who committed the offense an opportunity to respond
538 to any information gathered from the Department of Health's inspection of records before the
539 Department of Health makes a decision under that part; and
540 (h) for information related to a minor who has committed a sexual offense, a felony, or
541 an offense that if committed by an adult would be a misdemeanor, the Department of Health to
542 determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for
543 an individual who is seeking or who has obtained an emergency medical service personnel
544 license under Section 26-8a-302, with the understanding that the Department of Health must
545 provide the individual who committed the offense an opportunity to respond to any information
546 gathered from the Department of Health's inspection of records before the Department of
547 Health makes a determination.
548 (3) With the consent of the juvenile court, a court record may be inspected by the child,
549 by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
550 research studies.
551 (4) If a petition is filed charging a minor who is 14 years old or older with an offense
552 that would be a felony if committed by an adult, the juvenile court shall make available to any
553 person upon request the petition, any adjudication or disposition orders, and the delinquency
554 history summary of the minor charged unless the records are closed by the juvenile court upon
555 findings on the record for good cause.
556 (5) A juvenile probation officer's records and reports of social and clinical studies are
557 not open to inspection, except by consent of the juvenile court, given under rules adopted by
558 the board.
559 [
560
561 Section 9. Section 78A-6-353 is amended to read:
562 78A-6-353. Contempt -- Penalty.
563 (1) An individual who willfully violates or refuses to obey any order of the juvenile
564 court may be proceeded against for contempt of court.
565 (2) If a juvenile court finds an individual who is 18 years old or older in contempt of
566 court, the juvenile court may impose sanctions on the individual in accordance with Title 78B,
567 Chapter 6, Part 3, Contempt.
568 (3) (a) Except as otherwise provided in this Subsection (3), if a juvenile court finds a
569 child in contempt of court, the juvenile court may:
570 (i) place the child on probation in accordance with Section 80-6-702; or
571 (ii) order the child to detention, or an alternative to detention, in accordance with
572 Section 80-6-704[
573 [
574 (b) The juvenile court may only order a child to secure detention under Subsection
575 (3)(a)(ii) for no longer than 72 hours, excluding weekends and legal holidays.
576 (c) The juvenile court may not suspend all or part of an order to secure detention upon
577 compliance with conditions imposed by the juvenile court.
578 [
579
580 (4) On the sole basis of a child's absence from placement, a juvenile court may not hold
581 a child in contempt under this section if the child:
582 (a) is in the legal custody of the Division of Child and Family Services; and
583 (b) is missing, has been abducted, or has run away.
584 Section 10. Section 78A-6-356 is amended to read:
585 78A-6-356. Child support obligation when custody of a child is vested in an
586 individual or institution.
587 (1) As used in this section:
588 (a) "Office" means the Office of Recovery Services.
589 (b) "State custody" means that a child is in the custody of a state department, division,
590 or agency[
591 (2) Under this section, a juvenile court may not issue a child support order against an
592 individual unless:
593 (a) the individual is served with notice that specifies the date and time of a hearing to
594 determine the financial support of a specified child;
595 (b) the individual makes a voluntary appearance; or
596 (c) the individual submits a waiver of service.
597 (3) (a) Except as provided in [
598 court places a child in state custody or if the guardianship of the child has been granted to
599 another party and an agreement for a guardianship subsidy has been signed by the guardian, the
600 juvenile court:
601 [
602 child support for each month the child is in state custody or cared for under a grant of
603 guardianship;
604 [
605 verbally and in writing, of the requirement to pay child support in accordance with Title 78B,
606 Chapter 12, Utah Child Support Act; and
607 [
608 (b) If a child is committed to the Division of Juvenile Justice Services under Section
609 80-6-703 or to secure care under Section 80-6-705, the juvenile court may only order the child's
610 parent, guardian, or other obligated individual to pay child support under Subsection (3)(a)
611 upon recommendation by the Division of Juvenile Justice Services.
612 (4) When a juvenile court chooses to refer a case to the office to determine support
613 obligation amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the
614 juvenile court shall:
615 (a) make the referral within three working days after the day on which the juvenile
616 court holds the hearing described in Subsection (2)(a); and
617 (b) inform the child's parent, guardian, or other obligated individual of:
618 (i) the requirement to contact the office within 30 days after the day on which the
619 juvenile court holds the hearing described in Subsection (2)(a); and
620 (ii) the penalty described in Subsection (6) for failure to contact the office.
621 (5) Liability for child support ordered under Subsection (3) shall accrue:
622 (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
623 the juvenile court holds the hearing described in Subsection (2)(a) if there is no existing child
624 support order for the child; or
625 (b) beginning on the day the child is removed from the child's home, including time
626 spent in detention or sheltered care, if the child is removed after having been returned to the
627 child's home from state custody.
628 (6) (a) If the child's parent, guardian, or other obligated individual contacts the office
629 within 30 days after the day on which the court holds the hearing described in Subsection
630 (2)(a), the child support order may not include a judgment for past due support for more than
631 two months.
632 (b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the
633 liability of support to begin to accrue from the date of the proceeding referenced in Subsection
634 (3) if:
635 (i) the court informs the child's parent, guardian, or other obligated individual, as
636 described in Subsection (4)(b), and the parent, guardian, or other obligated individual fails to
637 contact the office within 30 days after the day on which the court holds the hearing described in
638 Subsection (2)(a); and
639 (ii) the office took reasonable steps under the circumstances to contact the child's
640 parent, guardian, or other obligated individual within 30 days after the last day on which the
641 parent, guardian, or other obligated individual was required to contact the office to facilitate the
642 establishment of a child support order.
643 (c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken
644 reasonable steps if the office:
645 (i) has a signed, returned receipt for a certified letter mailed to the address of the child's
646 parent, guardian, or other obligated individual regarding the requirement that a child support
647 order be established; or
648 (ii) has had a documented conversation, whether by telephone or in person, with the
649 child's parent, guardian, or other obligated individual regarding the requirement that a child
650 support order be established.
651 (7) In collecting arrears, the office shall comply with Section 62A-11-320 in setting a
652 payment schedule or demanding payment in full.
653 (8) (a) Unless a court orders otherwise, the child's parent, guardian, or other obligated
654 individual shall pay the child support to the office.
655 (b) The clerk of the juvenile court, the office, or the Department of Human Services
656 and the department's divisions shall have authority to receive periodic payments for the care
657 and maintenance of the child, such as social security payments or railroad retirement payments
658 made in the name of or for the benefit of the child.
659 (9) An existing child support order payable to a parent or other individual shall be
660 assigned to the Department of Human Services as provided in Section 62A-1-117.
661 (10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
662 the juvenile court in an individual.
663 (b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
664 court may order the child's parent, guardian, or other obligated individual to pay child support
665 to the individual in whom custody is vested.
666 (ii) In the same proceeding, the juvenile court shall inform the child's parent, guardian,
667 or other obligated individual, verbally and in writing, of the requirement to pay child support in
668 accordance with Title 78B, Chapter 12, Utah Child Support Act.
669 (11) The juvenile court may not order an individual to pay child support for a child in
670 state custody if:
671 (a) the individual's only form of income is a government-issued disability benefit;
672 (b) the benefit described in Subsection (11)(a) is issued because of the individual's
673 disability, and not the child's disability; and
674 (c) the individual provides the juvenile court and the office evidence that the individual
675 meets the requirements of Subsections (11)(a) and (b).
676 (12) After the juvenile court or the office establishes an individual's child support
677 obligation ordered under Subsection (3), the office shall waive the obligation without further
678 order of the juvenile court if:
679 (a) the individual's child support obligation is established under Subsection
680 78B-12-205(6) or Section 78B-12-302; or
681 (b) the individual's only source of income is a means-tested, income replacement
682 payment of aid, including:
683 (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
684 Program; or
685 (ii) cash benefits received under General Assistance, social security income, or social
686 security disability income.
687 Section 11. Section 80-3-403 is amended to read:
688 80-3-403. Treatment for offender and victim -- Costs.
689 (1) Upon adjudication in the juvenile court of an individual charged with child abuse,
690 child sexual abuse, or sexual exploitation of a child, the juvenile court may order treatment for
691 the adjudicated offender or the victim.
692 (2) The juvenile court shall require the adjudicated offender described in Subsection
693 (1), who is 18 years old or older, to pay, to the extent that the adjudicated offender is able, the
694 costs of the treatment described in Subsection (1) and the administrative costs incurred by the
695 division in monitoring completion of the ordered therapy or treatment.
696 (3) If the adjudicated offender is unable to pay the full cost of treatment under
697 Subsection (2), the juvenile court:
698 (a) may order the division to pay the costs, to the extent that funding is provided by the
699 Legislature for that purpose; and
700 (b) shall order the adjudicated offender to perform public service work as
701 compensation for the cost of the treatment.
702 Section 12. Section 80-6-102 is amended to read:
703 80-6-102. Definitions.
704 As used in this chapter:
705 (1) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
706 1351.1.
707 (2) "Authority" means the Youth Parole Authority created in Section 80-5-701.
708 (3) "Commission" means the State Commission on Criminal and Juvenile Justice
709 created in Section 63M-7-201.
710 (4) "Compensatory service" means service or unpaid work performed by a minor in
711 lieu of the payment of [
712 (5) "Control" means the same as that term is defined in Section 80-5-102.
713 (6) "Detention hearing" means a proceeding under Section 80-6-207 to determine
714 whether a minor should remain in detention.
715 (7) "Detention guidelines" means standards, established by the division in accordance
716 with Subsection 80-5-202(1)(a), for the admission of a minor to detention.
717 (8) "Discharge" means a written order of the authority that removes a juvenile offender
718 from the authority's jurisdiction.
719 (9) "Division" means the Division of Juvenile Justice Services created in Section
720 80-5-103.
721 (10) "Formal referral" means a written report from a peace officer, or other person,
722 informing the juvenile court that:
723 (a) an offense committed by a minor is, or appears to be, within the juvenile court's
724 jurisdiction; and
725 (b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting
726 attorney.
727 (11) "Material loss" means an uninsured:
728 (a) property loss;
729 (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
730 (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
731 police or prosecution; or
732 (d) medical expense.
733 (12) "Referral" means a formal referral, a referral to the juvenile court under Section
734 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under
735 Section 80-6-302.
736 (13) "Rescission" means a written order of the authority that rescinds a date for parole.
737 (14) "Restitution" means money or services that the juvenile court, or a juvenile
738 probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or
739 render to a victim for the minor's wrongful act or conduct.
740 (15) "Revocation" means a written order of the authority that, after a hearing and
741 determination under Section 80-6-806:
742 (a) terminates supervision of a juvenile offender's parole; and
743 (b) directs a juvenile offender to return to secure care.
744 (16) "Temporary custody" means the control and responsibility of a minor, before an
745 adjudication under Section 80-6-701, until the minor is released to a parent, guardian,
746 responsible adult, or to an appropriate agency.
747 (17) "Termination" means a written order of the authority that terminates a juvenile
748 offender from parole.
749 (18) (a) "Victim" means a person that the juvenile court determines suffered a material
750 loss as a result of a minor's wrongful act or conduct.
751 (b) "Victim" includes:
752 (i) any person directly harmed by the minor's wrongful act or conduct in the course of
753 the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that
754 involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and
755 (ii) the Utah Office for Victims of Crime.
756 (19) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
757 (20) "Work program" means the same as that term is defined in Section 80-5-102.
758 (21) "Youth services" means the same as that term is defined in Section 80-5-102.
759 Section 13. Section 80-6-104 is enacted to read:
760 80-6-104. Outstanding balances for fines, fees, costs, and other financial
761 obligations owed by minors.
762 (1) The juvenile court shall vacate any portion of a judgment imposing a fine, fee, cost,
763 or other financial obligation on a minor, or the minor's parent, guardian, or custodian, on or
764 before May 4, 2022, for an adjudication of an offense if:
765 (a) there is a balance due for the fine, fee, cost, or other financial obligation, including
766 postjudgment interest, penalties, or collection expenses, on the judgment on or after May 4,
767 2022; and
768 (b) the underlying statutory authority that allowed the fine, fee, cost, or financial
769 obligation is no longer in effect on or after May 4, 2022.
770 (2) Any balance of a fine, fee, cost, or other financial obligation imposed on a minor
771 for an adjudication or nonjudicial adjustment is unenforceable and not collectable if the
772 underlying statutory authority that allowed the fine, fee, cost, or financial obligation is no
773 longer in effect on or after May 4, 2022.
774 (3) Nothing in this section creates a right for reimbursement to a minor or the minor's
775 parent or guardian for a fine, fee, cost, or other financial obligation that was paid before May 4,
776 2022.
777 (4) A fee may not be collected or charged with the vacation or satisfaction of a
778 judgment under this section.
779 (5) The Utah Supreme Court or Judicial Council may make any order or adopt any
780 rules to establish policies and procedures that are necessary to carry out the provisions of this
781 section.
782 Section 14. Section 80-6-304 is amended to read:
783 80-6-304. Nonjudicial adjustments.
784 (1) If the juvenile court receives a referral for an offense committed by a minor that is,
785 or appears to be, within the juvenile court's jurisdiction, a juvenile probation officer shall make
786 a preliminary inquiry in accordance with Subsections (3), (4), and (5) to determine whether the
787 minor is eligible to enter into a nonjudicial adjustment.
788 (2) If a minor is referred to the juvenile court for multiple offenses arising from a
789 single criminal episode, and the minor is eligible under this section for a nonjudicial
790 adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for
791 all offenses arising from the single criminal episode.
792 (3) (a) The juvenile probation officer may:
793 (i) conduct a validated risk and needs assessment; and
794 (ii) request that a prosecuting attorney review a referral in accordance with Subsection
795 (9) if:
796 (A) the results of the validated risk and needs assessment indicate the minor is high
797 risk; or
798 (B) the results of the validated risk and needs assessment indicate the minor is
799 moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
800 Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
801 (b) If a minor violates Section 41-6a-502, the minor shall:
802 (i) undergo a drug and alcohol screening;
803 (ii) if found appropriate by the screening, participate in an assessment; and
804 (iii) if warranted by the screening and assessment, follow the recommendations of the
805 assessment.
806 (4) Except as provided in Subsection (5)(b), the juvenile probation officer shall request
807 that a prosecuting attorney review a referral in accordance with Subsection (9) if:
808 (a) the referral involves:
809 (i) a felony offense; or
810 (ii) a violation of:
811 (A) Section 41-6a-502, driving under the influence;
812 (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
813 serious bodily injury;
814 (C) Section 76-5-206, negligent homicide;
815 (D) Section 76-9-702.1, sexual battery;
816 (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
817 shotgun on or about school premises; or
818 (F) Section 76-10-509, possession of a dangerous weapon by minor, but only if the
819 dangerous weapon is a firearm;
820 (b) the minor has a current suspended order for custody under Section 80-6-711; or
821 (c) the referral involves an offense alleged to have occurred before an individual was
822 12 years old and the offense is a felony violation of:
823 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
824 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
825 (iii) Section 76-5-203, murder or attempted murder;
826 (iv) Section 76-5-302, aggravated kidnapping;
827 (v) Section 76-5-405, aggravated sexual assault;
828 (vi) Section 76-6-103, aggravated arson;
829 (vii) Section 76-6-203, aggravated burglary;
830 (viii) Section 76-6-302, aggravated robbery; or
831 (ix) Section 76-10-508.1, felony discharge of a firearm.
832 (5) (a) Except as provided in Subsections (3) and (4), the juvenile probation officer
833 shall offer a nonjudicial adjustment to a minor if the minor:
834 (i) is referred for an offense that is a misdemeanor, infraction, or status offense;
835 (ii) has no more than two prior adjudications; and
836 (iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
837 (b) If the juvenile court receives a referral for an offense that is alleged to have
838 occurred before an individual was 12 years old, the juvenile probation officer shall offer a
839 nonjudicial adjustment to the individual, unless the referral includes an offense described in
840 Subsection (4)(c).
841 (c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
842 under this Subsection (5), the juvenile probation officer shall treat all offenses arising out of a
843 single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial
844 adjustment.
845 (ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
846 this Subsection (5), the juvenile probation officer shall treat all offenses arising out of a single
847 criminal episode that resulted in one or more prior adjudications as a single adjudication.
848 (d) Except as provided in Subsection (4), the juvenile probation officer may offer a
849 nonjudicial adjustment to a minor who does not meet the criteria provided in Subsection (5)(a).
850 (6) (a) [
851 juvenile probation officer may require a minor for a nonjudicial adjustment to:
852 [
853
854 [
855 [
856 [
857 [
858 [
859 [
860 [
861 the community, or the victim.
862 (b) The juvenile probation officer may not require a minor or the minor's parent or
863 guardian to pay a financial penalty, cost, surcharge, or fee for a nonjudicial adjustment.
864 (7) (a) Within seven days of receiving a referral that appears to be eligible for a
865 nonjudicial adjustment in accordance with Subsection (5), the juvenile probation officer shall
866 provide an initial notice to reasonably identifiable and locatable victims of the offense
867 contained in the referral.
868 (b) The victim shall be responsible to provide to the juvenile probation officer upon
869 request:
870 (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
871 out-of-pocket loss;
872 (ii) documentation and evidence of compensation or reimbursement from an insurance
873 company or an agency of the state, any other state, or the federal government received as a
874 direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
875 (iii) proof of identification, including home and work address and telephone numbers.
876 (c) The inability, failure, or refusal of the victim to provide all or part of the requested
877 information shall result in the juvenile probation officer determining restitution based on the
878 best information available.
879 (8) (a) The juvenile probation officer may not predicate acceptance of an offer of a
880 nonjudicial adjustment on an admission of guilt.
881 [
882
883 [
884 nonjudicial adjustment under Subsection (6) upon the ability of the minor's family to pay as
885 determined by a statewide sliding scale developed in accordance with Section 63M-7-208.
886 [
887 juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
888 [
889 a nonjudicial adjustment beyond the 180 days permitted under Subsection (8)[
890 minor who is offered a nonjudicial adjustment under Subsection (5)(b) for a sexual offense
891 under Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (9)(b)(ii) for
892 a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed
893 before the minor was 12 years old, if the judge determines that:
894 (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
895 (B) the treatment cannot be completed within 180 days after the day on which the
896 minor entered into the nonjudicial adjustment; and
897 (C) the treatment is necessary based on a clinical assessment that is developmentally
898 appropriate for the minor.
899 (ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
900 (8)[
901 treatment under this Subsection (8)[
902 days at a time.
903 [
904
905
906 (9) If a prosecuting attorney is requested to review a referral in accordance with
907 Subsection (3) or (4), a minor fails to substantially comply with a condition agreed upon as part
908 of the nonjudicial adjustment, or a minor is not offered or declines a nonjudicial adjustment in
909 accordance with Subsection (5), the prosecuting attorney shall:
910 (a) review the case; and
911 (b) (i) dismiss the case;
912 (ii) refer the case back to the juvenile probation officer for a new attempt at nonjudicial
913 adjustment; or
914 (iii) except as provided in Subsections (10)(b), (11), and 80-6-305(2), file a petition
915 with the juvenile court.
916 (10) [
917 [
918 [
919 reasonable doubt; and
920 [
921 [
922
923
924
925 (11) A prosecuting attorney may not file a petition against a minor unless:
926 (a) the prosecuting attorney has statutory authority to file the petition under Section
927 80-6-305; and
928 (b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection (5);
929 (ii) the minor declines a nonjudicial adjustment;
930 (iii) the minor fails to substantially comply with the conditions agreed upon as part of
931 the nonjudicial adjustment;
932 (iv) the minor fails to respond to the juvenile probation officer's inquiry regarding
933 eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
934 preliminary inquiry; or
935 (v) the prosecuting attorney is acting under Subsection (9).
936 (12) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is
937 commenced against a minor under Section 80-6-302, the juvenile court may refer the case to
938 the juvenile probation officer for another offer of nonjudicial adjustment.
939 Section 15. Section 80-6-608 is amended to read:
940 80-6-608. When photographs, fingerprints, or HIV infection tests may be taken --
941 Distribution -- DNA collection -- Reimbursement .
942 (1) The division shall take a photograph and fingerprints of a minor who is:
943 (a) 14 years old or older at the time of the alleged commission of an offense that would
944 be a felony if the minor were 18 years old or older; and
945 (b) admitted to a detention facility for the alleged commission of the offense.
946 (2) The juvenile court shall order a minor who is 14 years old or older at the time that
947 the minor is alleged to have committed an offense described in Subsection (2)(a) or (b) to have
948 the minor's fingerprints taken at a detention facility or a local law enforcement agency if the
949 minor is:
950 (a) adjudicated for an offense that would be a class A misdemeanor if the minor were
951 18 years old or older; or
952 (b) adjudicated for an offense that would be a felony if the minor were 18 years old or
953 older and the minor was not admitted to a detention facility.
954 (3) The juvenile court shall take a photograph of a minor who is:
955 (a) 14 years old or older at the time the minor was alleged to have committed an
956 offense that would be a felony or a class A misdemeanor if the minor were 18 years old or
957 older; and
958 (b) adjudicated for the offense described in Subsection (3)(a).
959 (4) If a minor's fingerprints are taken under this section, the minor's fingerprints shall
960 be forwarded to the Bureau of Criminal Identification and may be stored by electronic medium.
961 (5) HIV testing shall be conducted on a minor who is taken into custody after having
962 been adjudicated for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon
963 the request of:
964 (a) the victim;
965 (b) the parent or guardian of a victim who is younger than 14 years old; or
966 (c) the guardian of the alleged victim if the victim is a vulnerable adult as defined in
967 Section 62A-3-301.
968 (6) HIV testing shall be conducted on a minor against whom a petition has been filed
969 or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5,
970 Part 4, Sexual Offenses:
971 (a) upon the request of:
972 (i) the victim;
973 (ii) the parent or guardian of a victim who is younger than 14 years old; or
974 (iii) the guardian of the alleged victim if the victim is a vulnerable adult as defined in
975 Section 62A-3-301; and
976 (b) in which:
977 (i) the juvenile court has signed an accompanying arrest warrant, pickup order, or any
978 other order based upon probable cause regarding the alleged offense; and
979 (ii) the juvenile court has found probable cause to believe that the alleged victim has
980 been exposed to HIV infection as a result of the alleged offense.
981 (7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger
982 than 14 years old without the consent of the juvenile court.
983 (8) (a) Photographs taken under this section may be distributed or disbursed to:
984 (i) state and local law enforcement agencies;
985 (ii) the judiciary; and
986 (iii) the division.
987 (b) Fingerprints may be distributed or disbursed to:
988 (i) state and local law enforcement agencies;
989 (ii) the judiciary;
990 (iii) the division; and
991 (iv) agencies participating in the Western Identification Network.
992 (9) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
993 of the juvenile court as described in Subsection 53-10-403(3).
994 (b) The DNA specimen shall be obtained, in accordance with Subsection 53-10-404(4),
995 by:
996 (i) designated employees of the juvenile court; or
997 (ii) if the minor is committed to the division, designated employees of the division.
998 (c) The responsible agency under Subsection (9)(b) shall ensure that an employee
999 designated to collect the saliva DNA specimens receives appropriate training and that the
1000 specimens are obtained in accordance with accepted protocol.
1001 [
1002
1003 [
1004
1005
1006 Section 16. Section 80-6-703 is amended to read:
1007 80-6-703. Placement of a child -- Commitment of a minor to the division --
1008 Limitations.
1009 (1) (a) If a child is adjudicated for an offense under Section 80-6-701, the juvenile
1010 court may:
1011 (i) place the child in the legal custody of a relative or other suitable individual
1012 regardless of whether the minor is placed on probation under Subsection 80-6-702(1); or
1013 (ii) appoint a guardian for the child if it appears that a guardian is necessary in the
1014 interest of the child.
1015 (b) The juvenile court may not assume the function of developing foster home services
1016 in placing a child in the legal custody of a relative or other suitable individual under Subsection
1017 (1)(a).
1018 (c) (i) If the juvenile court appoints a guardian for a child under Subsection (1)(a)(ii),
1019 the juvenile court:
1020 (A) may appoint a public or private institution or agency as the guardian of the child;
1021 and
1022 (B) may not appoint a nonsecure residential placement provider for which legal
1023 custody of the child is vested.
1024 (d) In placing a child under the guardianship or legal custody of an individual or
1025 private agency or institution under Subsection (1)(a)(ii), the juvenile court:
1026 (i) shall give primary consideration to the welfare of the child; and
1027 (ii) may take into consideration the religious preferences of the child and the child's
1028 parent.
1029 (2) If a minor is adjudicated under Section 80-6-701, the juvenile court shall only
1030 commit the minor to the division and order the division to provide recommendations and
1031 services if:
1032 (a) nonresidential treatment options have been exhausted or nonresidential treatment
1033 options are not appropriate; and
1034 (b) the minor is adjudicated under this chapter for:
1035 (i) a felony;
1036 (ii) a misdemeanor when the minor has five prior misdemeanors or felony
1037 adjudications arising from separate criminal episodes; or
1038 (iii) a misdemeanor involving the use of a dangerous weapon as defined in Section
1039 76-1-601.
1040 (3) A juvenile court may not commit a minor to the division:
1041 (a) for residential observation and evaluation or residential observation and
1042 assessment;
1043 (b) for contempt of court, except to the extent permitted under Section 78A-6-353;
1044 (c) for a violation of probation;
1045 (d) for failure to pay [
1046 another financial obligation;
1047 (e) for unfinished compensatory or community service hours;
1048 (f) for an infraction; or
1049 (g) for a status offense.
1050 (4) If the juvenile court commits a minor to the division, the juvenile court shall:
1051 (a) find whether the minor is being committed to the division for placement in a
1052 community-based program, secure detention under Section 80-6-704, or secure care under
1053 Section 80-6-705;
1054 (b) specify the criteria under Subsection (3) for which the juvenile court is committing
1055 the minor to the division; and
1056 (c) establish the period of time that the minor is committed to the division in
1057 accordance with Section 80-6-712.
1058 (5) (a) Except for an order for secure care under Section 80-6-705, if the juvenile court
1059 commits a minor to the division, or places the minor with an individual under this section, the
1060 juvenile court shall include in the order a date for a review and presumptive termination of the
1061 minor's case by the juvenile court in accordance with Section 80-6-712.
1062 (b) For each review of a minor's case under Subsection (5)(a), the juvenile court shall
1063 set a new date for a review and presumptive termination of the minor's case.
1064 (6) If a minor is adjudicated for an offense under Section 80-6-701, a juvenile court
1065 may not commit a minor to:
1066 (a) except as provided in Subsection (7), the Division of Child and Family Services; or
1067 (b) a correctional facility.
1068 (7) The juvenile court may not commit a minor to the Division of Child and Family
1069 Services to address the minor's ungovernable or other behavior, mental health, or disability,
1070 unless the Division of Child and Family Services:
1071 (a) engages other relevant divisions of the department in conducting an assessment of
1072 the minor and the minor's family's needs;
1073 (b) based on an assessment under Subsection (7)(a), determines that committing the
1074 minor to the Division of Child and Family Services is the least restrictive intervention for the
1075 minor that meets the minor's needs; and
1076 (c) consents to the minor being committed to the Division of Child and Family
1077 Services.
1078 (8) If a minor is committed to the division under this section, the division may not
1079 transfer custody of the minor to a correctional facility.
1080 Section 17. Section 80-6-704 is amended to read:
1081 80-6-704. Detention or alternative to detention -- Limitations.
1082 (1) (a) The juvenile court may order a minor to detention, or an alternative to detention,
1083 if the minor is adjudicated for:
1084 (i) an offense under Section 80-6-701; or
1085 (ii) contempt of court under Section 78A-6-353.
1086 (b) Except as provided in Subsection 78A-6-353(3), and subject to the juvenile court
1087 retaining continuing jurisdiction over a minor's case, the juvenile court may order a minor to
1088 detention, or an alternative to detention, under Subsection (1) for a period not to exceed 30
1089 cumulative days for an adjudication.
1090 (c) If a minor is held in detention before an adjudication, the time spent in detention
1091 before the adjudication shall be credited toward the 30 cumulative days eligible as a disposition
1092 under Subsection (1)(a).
1093 (d) If a minor spent more than 30 days in detention before a disposition under
1094 Subsection (1), the juvenile court may not order the minor to detention under this section.
1095 (2) An order for detention under Subsection (1) may not be suspended upon conditions
1096 ordered by the juvenile court.
1097 (3) A juvenile court may not order a minor to detention for:
1098 (a) contempt of court, except to the extent permitted under Section 78A-6-353;
1099 (b) a violation of probation;
1100 (c) failure to pay [
1101 another financial obligation;
1102 (d) unfinished compensatory or community service hours;
1103 (e) an infraction; or
1104 (f) a status offense.
1105 (4) (a) If a minor is held in detention under this section, the minor is eligible to receive
1106 credit for good behavior against the period of detention.
1107 (b) The rate of credit is one day of credit for good behavior for every three days spent
1108 in detention.
1109 (5) (a) A minor may not be held in secure detention following a disposition by the
1110 juvenile court:
1111 (i) under Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
1112 (ii) except as provided in Subsection (5)(b), for a community-based program.
1113 (b) If a minor is awaiting placement by the division under Section 80-6-703, a minor
1114 may not be held in secure detention for longer than 72 hours, excluding weekends and
1115 holidays.
1116 (c) The period of detention under Subsection (5)(b) may be extended by the juvenile
1117 court for a cumulative total of seven calendar days if:
1118 (i) the division, or another agency responsible for placement, files a written petition
1119 with the juvenile court requesting the extension and setting forth good cause; and
1120 (ii) the juvenile court enters a written finding that it is in the best interests of both the
1121 minor and the community to extend the period of detention.
1122 (d) The juvenile court may extend the period of detention beyond the seven calendar
1123 days if the juvenile court finds, by clear and convincing evidence, that:
1124 (i) the division, or another agency responsible for placement, does not have space for
1125 the minor; and
1126 (ii) the safety of the minor and community requires an extension of the period of
1127 detention.
1128 (e) The division, or the agency with custody of the minor, shall report to the juvenile
1129 court every 48 hours, excluding weekends and holidays, regarding whether the division, or
1130 another agency responsible for placement, has space for the minor.
1131 (f) The division, or agency, requesting an extension shall promptly notify the detention
1132 facility that a written petition has been filed.
1133 (g) The juvenile court shall promptly notify the detention facility regarding the juvenile
1134 court's initial disposition and any ruling on a petition for an extension, whether granted or
1135 denied.
1136 Section 18. Section 80-6-705 is amended to read:
1137 80-6-705. Secure care -- Limitations -- Order for therapy for parent with minor
1138 in secure care.
1139 (1) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile court
1140 may order the minor to secure care if the juvenile court finds that:
1141 (a) (i) the minor poses a risk of harm to others; or
1142 (ii) the minor's conduct resulted in the victim's death; and
1143 (b) the minor is adjudicated for:
1144 (i) a felony offense;
1145 (ii) a misdemeanor offense if the minor has five prior misdemeanor or felony
1146 adjudications arising from separate criminal episodes; or
1147 (iii) a misdemeanor offense involving use of a dangerous weapon as defined in Section
1148 76-1-601.
1149 (2) A juvenile court may not order a minor to secure care for:
1150 (a) contempt of court;
1151 (b) a violation of probation;
1152 (c) failure to pay [
1153 another financial obligation;
1154 (d) unfinished compensatory or community service hours;
1155 (e) an infraction; or
1156 (f) a status offense.
1157 (3) The juvenile court may, on the recommendation of the division, order a parent of a
1158 minor in secure care to undergo group rehabilitation therapy under the direction of a therapist,
1159 who has supervision of the minor in secure care, or any other therapist for a period
1160 recommended by the division.
1161 Section 19. Section 80-6-709 is amended to read:
1162 80-6-709. Community or compensatory service -- Property damage -- Unpaid
1163 balances.
1164 (1) (a) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile
1165 court may order a minor to:
1166 [
1167 [
1168 [
1169 (b) (i) If the juvenile court orders the minor to pay restitution under Subsection (1)(a), a
1170 juvenile probation officer may permit the minor to complete a work program in lieu of paying
1171 part or all of the restitution by the juvenile court.
1172 (ii) If the juvenile court orders the minor to complete community or compensatory
1173 service hours, a juvenile probation officer may permit the minor to complete a work program to
1174 help the minor complete the community or compensatory service hours.
1175 (c) The juvenile court may, through a juvenile probation officer, encourage the
1176 development of nonresidential employment or a work program to enable a minor to fulfill the
1177 minor's obligations under Subsection (1)(a).
1178 (d) Notwithstanding this section, a juvenile court may not place a minor on a ranch,
1179 forestry camp, or other residential work program for care or work.
1180 (2) If the juvenile court orders a minor to pay [
1181 restitution or to complete community or compensatory service hours, the juvenile court shall
1182 consider the dispositions collectively to ensure that an order:
1183 (a) is reasonable;
1184 (b) prioritizes restitution; and
1185 (c) takes into account the minor's ability to satisfy the order within the presumptive
1186 period of supervision under Section 80-6-712[
1187 secure care under Section 80-6-802 if the minor is ordered to secure care.
1188 (3) [
1189 complete community or compensatory service hours, the cumulative order shall be limited per
1190 criminal episode as follows:
1191 [
1192 court may impose [
1193 [
1194 juvenile court may impose [
1195 service.
1196 [
1197 (4) (a) If the juvenile court converts a [
1198 service hours, the rate of conversion shall be no less than the minimum wage.
1199 (b) If the juvenile court orders a minor to complete community service, the
1200 presumptive service order shall include between five and 10 hours of service.
1201 (c) If a minor completes an approved substance use disorder prevention or treatment
1202 program or other court-ordered condition, the minor may be credited with compensatory
1203 service hours for the completion of the program or condition by the juvenile court.
1204 (5) (a) If a minor commits an offense involving the use of graffiti under Section
1205 76-6-106 or 76-6-206, the juvenile court may order the minor to clean up graffiti created by the
1206 minor or any other individual at a time and place within the jurisdiction of the juvenile court.
1207 (b) The minor may complete the order of the juvenile court under Subsection (5)(a) in
1208 the presence and under the direct supervision of the minor's parent, guardian, or custodian.
1209 (c) The minor's parent, guardian, or custodian shall report completion of the order to
1210 the juvenile court.
1211 (d) The juvenile court may also require the minor to perform other alternative forms of
1212 restitution or repair to the damaged property in accordance with Section 80-6-710.
1213 [
1214
1215
1216 [
1217
1218
1219 [
1220
1221
1222
1223 (6) (a) The juvenile court may issue orders necessary for the collection of restitution
1224 ordered under this section, including garnishments, wage withholdings, and executions.
1225 (b) The juvenile court may not order the minor to be detained in secure or nonsecure
1226 residential placements in order to collect restitution.
1227 [
1228 jurisdiction over a minor's case, there remains an unpaid balance for any [
1229 restitution ordered by the juvenile court, the juvenile court shall record all pertinent
1230 information for the unpaid balance in the minor's file.
1231 (b) The juvenile court may not transfer responsibility to collect [
1232
1233 Section 63A-3-502.
1234 (c) The juvenile court shall reduce a restitution order to a judgment and list the victim,
1235 or the estate of the victim, as the judgment creditor in the judgment.
1236 Section 20. Section 80-6-710 is amended to read:
1237 80-6-710. Restitution -- Requirements.
1238 (1) If a minor is adjudicated under Section 80-6-701, the juvenile court may order the
1239 minor to repair, replace, or otherwise make restitution for:
1240 (a) material loss caused by an offense listed in the petition; or
1241 (b) conduct for which the minor agrees to make restitution.
1242 (2) Within seven days after the day on which a petition is filed under this chapter, the
1243 prosecuting attorney or a juvenile probation officer shall provide notification of the restitution
1244 process to all reasonably identifiable and locatable victims of an offense listed in the petition.
1245 (3) A victim that receives notice under Subsection (2) is responsible for providing the
1246 prosecutor with:
1247 (a) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
1248 loss;
1249 (b) all documentation of any compensation or reimbursement from an insurance
1250 company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
1251 (c) if available, the victim's proof of identification, including the victim's date of birth,
1252 social security number, or driver license number; and
1253 (d) the victim's contact information, including the victim's current home and work
1254 address and telephone number.
1255 (4) A prosecuting attorney or victim shall submit a request for restitution to the
1256 juvenile court:
1257 (a) if feasible, at the time of disposition; or
1258 (b) within 90 days after disposition.
1259 (5) The juvenile court shall order a financial disposition that prioritizes the payment of
1260 restitution.
1261 (6) To determine whether restitution, or the amount of restitution, is appropriate under
1262 Subsection (1), the juvenile court:
1263 (a) shall only order restitution for the victim's material loss;
1264 (b) may not order restitution if the juvenile court finds that the minor is unable to pay
1265 or acquire the means to pay;
1266 (c) shall credit any amount paid by the minor to the victim in a civil suit against
1267 restitution owed by the minor;
1268 (d) shall take into account the presumptive period of supervision for the minor's case
1269 under Section 80-6-712, or the presumptive period of commitment for secure care under
1270 Section [
1271 ability to satisfy the restitution order within that presumptive term; and
1272 (e) shall credit any amount paid to the victim in restitution against liability in a civil
1273 suit.
1274 (7) If the minor and the victim of the adjudicated offense agree to participate, the
1275 juvenile court may refer the minor's case to a restorative justice program, such as victim
1276 offender mediation, to address how loss resulting from the adjudicated offense may be
1277 addressed.
1278 (8) The juvenile court may not require a minor or the minor's parent or guardian to
1279 reimburse an individual, entity, or governmental agency who offered and paid a reward to a
1280 person for providing information resulting in an adjudication of a minor for the commission of
1281 an offense.
1282 (9) If a minor is returned to this state in accordance with Title 55, Chapter 12, Interstate
1283 Compact for Juveniles, the juvenile court may not order the minor [
1284 the minor's parent or guardian to pay the costs expended by any governmental entity for the
1285 return of the minor.
1286 Section 21. Section 80-6-712 is amended to read:
1287 80-6-712. Time periods for supervision of probation or placement -- Termination
1288 of continuing jurisdiction.
1289 (1) If the juvenile court places a minor on probation under Section 80-6-702, the
1290 juvenile court shall establish a period of time for supervision for the minor that is:
1291 (a) if the minor is placed on intake probation, no more than three months; or
1292 (b) if the minor is placed on formal probation, from four to six months, but may not
1293 exceed six months.
1294 (2) (a) If the juvenile court commits a minor to the division under Section 80-6-703,
1295 and the minor's case is under the jurisdiction of the court, the juvenile court shall establish:
1296 (i) for a minor placed out of the home, a period of custody from three to six months,
1297 but may not exceed six months; and
1298 (ii) for aftercare services if the minor was placed out of the home, a period of
1299 supervision from three to four months, but may not exceed four months.
1300 (b) A minor may be supervised for aftercare under Subsection (2)(a)(ii) in the home of
1301 a qualifying relative or guardian, or at an independent living program contracted or operated by
1302 the division.
1303 (3) If the juvenile court orders a minor to secure care, the authority shall:
1304 (a) have jurisdiction over the minor's case; and
1305 (b) apply the provisions of Part 8, Commitment and Parole.
1306 (4) (a) In accordance with Section 80-6-711 and Subsections (1) and (2), the juvenile
1307 court shall terminate continuing jurisdiction over a minor's case at the end of the time period
1308 described in Subsection (1) for probation, or Subsection (2) for commitment to the division,
1309 unless:
1310 (i) termination would interrupt the completion of the treatment program determined to
1311 be necessary by the results of a validated risk and needs assessment under Section 80-6-606;
1312 (ii) the minor commits a new misdemeanor or felony offense;
1313 (iii) community or compensatory service hours have not been completed; or
1314 [
1315 [
1316 (b) The juvenile court shall determine whether a minor has completed a treatment
1317 program under Subsection (4)(a)(i) by considering:
1318 (i) the recommendations of the licensed service provider for the treatment program;
1319 (ii) the minor's record in the treatment program; and
1320 (iii) the minor's completion of the goals of the treatment program.
1321 (5) Subject to Subsection (8), if one of the circumstances under Subsection (4) exists
1322 the juvenile court may extend supervision for the time needed to address the specific
1323 circumstance.
1324 (6) If a circumstance under Subsection (4)(a)(iii)[
1325 juvenile court may extend supervision for no more than three months.
1326 (7) If the juvenile court extends supervision under this section, the grounds for the
1327 extension and the length of any extension shall be recorded in the court records and tracked in
1328 the data system used by the Administrative Office of the Courts and the division.
1329 (8) For a minor who is under the continuing jurisdiction of the juvenile court and
1330 whose supervision is extended under Subsection (4)(a)(iii)[
1331 may only be extended as intake probation.
1332 (9) If a minor leaves supervision without authorization for more than 24 hours, the
1333 supervision period for the minor shall toll until the minor returns.
1334 (10) This section does not apply to any minor adjudicated under this chapter for:
1335 (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1336 (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
1337 (c) Section 76-5-203, murder or attempted murder;
1338 (d) Section 76-5-205, manslaughter;
1339 (e) Section 76-5-206, negligent homicide;
1340 (f) Section 76-5-207, automobile homicide;
1341 (g) Section 76-5-207.5, automobile homicide involving handheld wireless
1342 communication device;
1343 (h) Section 76-5-208, child abuse homicide;
1344 (i) Section 76-5-209, homicide by assault;
1345 (j) Section 76-5-302, aggravated kidnapping;
1346 (k) Section 76-5-405, aggravated sexual assault;
1347 (l) a felony violation of Section 76-6-103, aggravated arson;
1348 (m) Section 76-6-203, aggravated burglary;
1349 (n) Section 76-6-302, aggravated robbery;
1350 (o) Section 76-10-508.1, felony discharge of a firearm;
1351 (p) (i) an offense other than an offense listed in Subsections (10)(a) through (o)
1352 involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
1353 (ii) the minor has been previously adjudicated or convicted of an offense involving the
1354 use of a dangerous weapon; or
1355 (q) a felony offense other than an offense listed in Subsections (10)(a) through (p) and
1356 the minor has been previously committed to the division for secure care.
1357 Section 22. Section 80-6-906 is amended to read:
1358 80-6-906. Fees.
1359 [
1360
1361 [
1362
1363 [
1364
1365 [
1366 (1) A youth court may not require a minor or the minor's parent or guardian to pay a
1367 fee, cost, or surcharge as a condition to participate in a youth court.
1368 (2) [
1369 expenses of any classes, counseling, treatment, or other educational programs that are the
1370 disposition of the youth court.
1371 Section 23. Section 80-6-1007 is amended to read:
1372 80-6-1007. Fees.
1373 (1) [
1374 not charge a fee for:
1375 (a) an issuance of an expungement order under this part; or
1376 (b) an expungement of a record under this part.
1377 (2) An agency may not charge a fee for the expungement of a record under this part.
1378 Section 24. Repealer.
1379 This bill repeals:
1380 Section 80-6-803, Cost of support and maintenance of a juvenile offender --
1381 Responsibility.
1382 Section 25. Effective date.
1383 This bill takes effect on January 1, 2023.