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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires the State Board of Education to provide a report on certain law
14 enforcement and disciplinary actions on school grounds to the State Commission on
15 Criminal and Juvenile Justice;
16 ▸ creates a juvenile crime prevention and intervention program to be administered by
17 the State Board of Education;
18 ▸ modifies requirements related to referrals for offenses committed by minors on
19 school property;
20 ▸ amends the requirements for the Criminal Justice Database;
21 ▸ removes a repeal date relating to referrals for offenses committed by minors on
22 school property;
23 ▸ modifies the duties of the State Commission on Criminal and Juvenile Justice in
24 regards to juvenile justice;
25 ▸ makes it a crime for a minor to possess an auto sear;
26 ▸ enacts data collection and reporting requirements for the State Commission on
27 Criminal and Juvenile Justice and the Administrative Office of the Courts in regards
28 to offenses committed, or allegedly committed, by minors;
29 ▸ amends provisions related to the detention of a child in a holding room if the child
30 is alleged to have committed an act that would be an offense if committed by an
31 adult;
32 ▸ clarifies provisions relating to a nonjudicial adjustment;
33 ▸ modifies the eligibility requirements for a nonjudicial adjustment; and
34 ▸ makes technical and conforming changes.
35 Money Appropriated in this Bill:
36 None
37 Other Special Clauses:
38 None
39 Utah Code Sections Affected:
40 AMENDS:
41 53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
42 53E-9-305, as last amended by Laws of Utah 2021, Chapter 262
43 53F-2-208, as last amended by Laws of Utah 2022, Chapter 1
44 53G-6-203, as last amended by Laws of Utah 2021, Chapter 359
45 53G-8-211, as last amended by Laws of Utah 2021, Chapters 262, 359 and further
46 amended by Revisor Instructions, Laws of Utah 2021, Chapter 359
47 63A-16-1001, as enacted by Laws of Utah 2022, Chapter 390
48 63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
49 Coordination Clause, Laws of Utah 2022, Chapter 390
50 63I-1-253, as last amended by Laws of Utah 2022, Chapters 10, 30, 31, 172, 173, 194,
51 218, 224, 229, 236, 254, 274, and 414
52 63M-7-208, as last amended by Laws of Utah 2021, Chapter 262
53 63M-7-218, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
54 Coordination Clause, Laws of Utah 2022, Chapter 390
55 76-5-401.3, as last amended by Laws of Utah 2022, Chapter 181
56 76-10-105, as last amended by Laws of Utah 2021, Chapter 262
57 76-10-501, as last amended by Laws of Utah 2015, Chapters 212, 406
58 76-10-509.4, as last amended by Laws of Utah 2013, Chapter 301
59 78A-6-210, as last amended by Laws of Utah 2021, Chapter 261
60 80-6-204, as renumbered and amended by Laws of Utah 2021, Chapter 261
61 80-6-302, as last amended by Laws of Utah 2022, Chapter 155
62 80-6-303, as last amended by Laws of Utah 2022, Chapter 155
63 80-6-304, as last amended by Laws of Utah 2022, Chapter 430
64 80-6-305, as renumbered and amended by Laws of Utah 2021, Chapter 261
65 ENACTS:
66 80-6-104, Utah Code Annotated 1953
67 80-6-303.5, Utah Code Annotated 1953
68 80-6-304.5, Utah Code Annotated 1953
69 REPEALS AND REENACTS:
70 53F-2-410, as repealed and reenacted by Laws of Utah 2021, Chapter 319
71
72 Be it enacted by the Legislature of the state of Utah:
73 Section 1. Section 53E-3-516 is amended to read:
74 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
75 authority.
76 (1) As used in this section:
77 (a) "Disciplinary action" means an action by a public school meant to formally
78 discipline a student of that public school that includes a suspension or expulsion.
79 (b) "Law enforcement agency" means the same as that term is defined in Section
80 77-7a-103.
81 (c) "Minor" means the same as that term is defined in Section 53G-6-201.
82 (d) "Other law enforcement activity" means a significant law enforcement interaction
83 with a minor that does not result in an arrest, including:
84 (i) a search and seizure by an SRO;
85 (ii) issuance of a criminal citation;
86 (iii) issuance of a ticket or summons;
87 (iv) filing a delinquency petition; or
88 (v) referral to a probation officer.
89 (e) "School is in session" means the hours of a day during which a public school
90 conducts instruction for which student attendance is counted toward calculating average daily
91 membership.
92 (f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
93 clinic, or other event or activity that is authorized by a specific public school, according to LEA
94 governing board policy, and satisfies at least one of the following conditions:
95 (A) the activity is managed or supervised by a school district, public school, or public
96 school employee;
97 (B) the activity uses the school district or public school facilities, equipment, or other
98 school resources; or
99 (C) the activity is supported or subsidized, more than inconsequentially, by public
100 funds, including the public school's activity funds or Minimum School Program dollars.
101 (ii) "School-sponsored activity" includes preparation for and involvement in a public
102 performance, contest, athletic competition, demonstration, display, or club activity.
103 (g) "Student resource officer" or "SRO" means the same as that term is defined in
104 Section 53G-8-701.
105 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
106 the following incidents that occur on school grounds while school is in session or during a
107 school-sponsored activity:
108 (a) arrests of a minor;
109 (b) other law enforcement activities; and
110 (c) disciplinary actions.
111 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
112 the state board and LEAs to provide and validate data and information necessary to complete
113 the report described in Subsection (2), as requested by an LEA or the state board.
114 (4) The report described in Subsection (2) shall include the following information
115 listed separately for each LEA:
116 (a) the number of arrests of a minor, including the reason why the minor was arrested;
117 (b) the number of other law enforcement activities, including the following information
118 for each incident:
119 (i) the reason for the other law enforcement activity; and
120 (ii) the type of other law enforcement activity used;
121 (c) the number of disciplinary actions imposed, including:
122 (i) the reason for the disciplinary action; and
123 (ii) the type of disciplinary action;
124 (d) the number of SROs employed; and
125 (e) if applicable, the demographics of an individual who is subject to, as the following
126 are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation.
127 (5) The report described in Subsection (2) shall include the following information, in
128 aggregate, for each element described in Subsections (4)(a) through (c):
129 (a) age;
130 (b) grade level;
131 (c) race;
132 (d) sex; and
133 (e) disability status.
134 (6) Information included in the annual report described in Subsection (2) shall comply
135 with:
136 (a) Chapter 9, Part 3, Student Data Protection;
137 (b) Chapter 9, Part 2, Student Privacy; and
138 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
139 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
140 state board shall make rules to compile the report described in Subsection (2).
141 (8) The state board shall provide the report described in Subsection (2):
142 (a) in accordance with Section 53E-1-203 for incidents that occurred during the
143 previous school year[
144 (b) to the State Commission on Criminal and Juvenile Justice before July 1 of each
145 year for incidents that occurred during the previous school year.
146 Section 2. Section 53E-9-305 is amended to read:
147 53E-9-305. Collecting student data -- Prohibition -- Student data collection notice
148 -- Written consent.
149 (1) An education entity may not collect a student's:
150 (a) social security number; or
151 (b) except as required in Section 80-6-103, criminal record.
152 (2) Except as provided in Subsection (3), an education entity that collects student data
153 shall, in accordance with this section, prepare and distribute to parents and students a student
154 data collection notice statement that:
155 (a) is a prominent, stand-alone document;
156 (b) is annually updated and published on the education entity's website;
157 (c) states the student data that the education entity collects;
158 (d) states that the education entity will not collect the student data described in
159 Subsection (1);
160 (e) states the student data described in Section 53E-9-308 that the education entity may
161 not share without written consent;
162 (f) includes the following statement:
163 "The collection, use, and sharing of student data has both benefits and risks. Parents
164 and students should learn about these benefits and risks and make choices regarding student
165 data accordingly.";
166 (g) describes in general terms how the education entity stores and protects student data;
167 and
168 (h) states a student's rights under this part.
169 (3) The state board may publicly post the state board's collection notice described in
170 Subsection (2).
171 (4) An education entity may collect the necessary student data of a student if the
172 education entity provides a student data collection notice to:
173 (a) the student, if the student is an adult student; or
174 (b) the student's parent, if the student is not an adult student.
175 (5) An education entity may collect optional student data if the education entity:
176 (a) provides, to an individual described in Subsection (4), a student data collection
177 notice that includes a description of:
178 (i) the optional student data to be collected; and
179 (ii) how the education entity will use the optional student data; and
180 (b) obtains written consent to collect the optional student data from an individual
181 described in Subsection (4).
182 (6) An education entity may collect a student's biometric identifier or biometric
183 information if the education entity:
184 (a) provides, to an individual described in Subsection (4), a biometric information
185 collection notice that is separate from a student data collection notice, which states:
186 (i) the biometric identifier or biometric information to be collected;
187 (ii) the purpose of collecting the biometric identifier or biometric information; and
188 (iii) how the education entity will use and store the biometric identifier or biometric
189 information; and
190 (b) obtains written consent to collect the biometric identifier or biometric information
191 from an individual described in Subsection (4).
192 (7) Except under the circumstances described in Subsection 53G-8-211(2), an
193 education entity may not refer a student to an evidence-based alternative intervention described
194 in [
195 (8) Nothing in this section prohibits an education entity from including additional
196 information related to student and parent privacy in the notice described in Subsection (2).
197 Section 3. Section 53F-2-208 is amended to read:
198 53F-2-208. Cost of adjustments for growth and inflation.
199 (1) In accordance with Subsection (2), the Legislature shall annually determine:
200 (a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
201 rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
202 to the following programs:
203 (i) education for youth in custody, described in Section 53E-3-503;
204 (ii) the Basic Program, described in Title 53F, Chapter 2, Part 3, Basic Program
205 (Weighted Pupil Units);
206 (iii) the Adult Education Program, described in Section 53F-2-401;
207 (iv) state support of pupil transportation, described in Section 53F-2-402;
208 (v) the Enhancement for Accelerated Students Program, described in Section
209 53F-2-408;
210 (vi) the Concurrent Enrollment Program, described in Section 53F-2-409; and
211 (vii) the [
212 program, described in Section 53F-2-410; and
213 (b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
214 the current fiscal year's ongoing state tax fund appropriations to the following programs:
215 (i) a program described in Subsection (1)(a);
216 (ii) educator salary adjustments, described in Section 53F-2-405;
217 (iii) the Teacher Salary Supplement Program, described in Section 53F-2-504;
218 (iv) the Voted and Board Local Levy Guarantee programs, described in Section
219 53F-2-601; and
220 (v) charter school local replacement funding, described in Section 53F-2-702.
221 (2) (a) In or before December each year, the Executive Appropriations Committee shall
222 determine:
223 (i) the cost of the inflation adjustment described in Subsection (1)(a); and
224 (ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
225 (b) The Executive Appropriations Committee shall make the determinations described
226 in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
227 Fiscal Analyst, in consultation with the state board and the Governor's Office of Planning and
228 Budget.
229 Section 4. Section 53F-2-410 is repealed and reenacted to read:
230 53F-2-410. Juvenile crime prevention and intervention program -- Funding.
231 (1) Subject to appropriations by the Legislature, the state board shall:
232 (a) create a juvenile crime prevention and intervention program that is designed to help
233 students at risk for criminal involvement stay in school; and
234 (b) distribute money under the program to school districts and charter schools through
235 the distribution formula described in Subsection (2).
236 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
237 state board shall make rules that:
238 (a) establish a formula to distribute program funding to school districts and charter
239 schools that:
240 (i) use the data reported to the state board under Section 80-6-104; and
241 (ii) prioritizes school districts and charter schools based on the prevalence of crimes
242 committed by minors within the boundaries of each municipality where a school is located;
243 (b) annually adjusts the distribution of program funding using the data reported to the
244 state board under Section 80-6-104; and
245 (c) establish baseline performance standards that school districts or charter schools are
246 required to meet in order to receive funding under the program.
247 (3) (a) A school district or charter school seeking program funding shall submit a
248 proposal to the state board describing how the school district or charter school intends to use
249 the funds.
250 (b) The school board shall allocate funding on a per student basis to prioritized school
251 districts and charter schools that submit a successful proposal under Subsection (3)(a).
252 (4) The state board may not distribute funds to a school district or charter school that
253 fails to meet performance standards described in Subsection (2)(c).
254 (5) A school district or charter school that is awarded funds under this section shall
255 submit a report to the state board that includes:
256 (a) how the school district or charter school used the funds; and
257 (b) details on the school district's, or the charter school's, compliance with the
258 performance standards described in Subsection (2)(c).
259 Section 5. Section 53G-6-203 is amended to read:
260 53G-6-203. Truancy -- Notice of truancy -- Failure to cooperate with school
261 authorities.
262 (1) Except as provided in Section 53G-6-204 or 53G-6-702, a school-age child who is
263 enrolled in a public school shall attend the public school in which the school-age child is
264 enrolled.
265 (2) [
266 In accordance with Section 53G-8-211, a local school board, charter school governing board, or
267 school district may impose administrative penalties on a school-age child who is:
268 (a) in grade 7 or above, unless the school-age child is less than 12 years old; and
269 (b) truant.
270 (3) A local school board or charter school governing board:
271 (a) may authorize a school administrator, a designee of a school administrator, a law
272 enforcement officer acting as a school resource officer, or a truancy specialist to issue a notice
273 of truancy in accordance with Subsection (4); and
274 (b) shall establish a procedure for a school-age child, or the school-age child's parents,
275 to contest a notice of truancy.
276 (4) A notice of truancy described in Subsection (3):
277 (a) may not be issued until a school-age child has been truant at least five times during
278 the school year;
279 (b) may not be issued to a school-age child who is less than 12 years old or in a grade
280 below grade 7;
281 (c) may not be issued to a school-age child exempt from school attendance as provided
282 in Section 53G-6-204 or 53G-6-702;
283 (d) shall direct the school-age child who receives the notice of truancy and the parent
284 of the school-age child to:
285 (i) meet with school authorities to discuss the school-age child's truancies; and
286 (ii) cooperate with the local school board, charter school governing board, or school
287 district in securing regular attendance by the school-age child; and
288 (e) shall be mailed to, or served on, the school-age child's parent.
289 (5) (a) Except as provided in Subsection (5)(b), nothing in this part prohibits a local
290 school board, charter school governing board, or school district from taking action to resolve a
291 truancy problem with a school-age child who has been truant fewer than five times, provided
292 that the action does not conflict with the requirements of this part.
293 (b) A local school board, charter school governing board, or school district may not
294 take punitive action to resolve a truancy problem with a school-age child during the period
295 described in Subsection (2).
296 (6) Notwithstanding this section, during the period described in Subsection (2), a
297 school administrator, designee of a school administrator, law enforcement officer acting as a
298 school resource officer, or truancy specialist may not issue or otherwise enforce a notice of
299 truancy.
300 Section 6. Section 53G-8-211 is amended to read:
301 53G-8-211. Responses to school-based behavior.
302 (1) As used in this section:
303 (a) "Evidence-based" means a program or practice that has:
304 (i) had multiple randomized control studies or a meta-analysis demonstrating that the
305 program or practice is effective for a specific population;
306 (ii) been rated as effective by a standardized program evaluation tool; or
307 (iii) been approved by the state board.
308 (b) "Habitual truant" means a school-age child who:
309 (i) is in grade 7 or above, unless the school-age child is [
310 (ii) is subject to the requirements of Section 53G-6-202; and
311 (iii) (A) is truant at least 10 times during one school year; or
312 (B) fails to cooperate with efforts on the part of school authorities to resolve the
313 school-age child's attendance problem as required under Section 53G-6-206.
314 (c) "Minor" means the same as that term is defined in Section 80-1-102.
315 (d) "Mobile crisis outreach team" means the same as that term is defined in Section
316 62A-15-102.
317 (e) "Prosecuting attorney" means the same as that term is defined in Subsections
318 80-1-102(58)(b) and (c).
319 (f) "Restorative justice program" means a school-based program or a program used or
320 adopted by a local education agency that is designed:
321 (i) to enhance school safety, reduce school suspensions, and limit referrals to law
322 enforcement agencies and courts; and
323 (ii) to help minors take responsibility for and repair harmful behavior that occurs in
324 school.
325 (g) "School administrator" means a principal of a school.
326 (h) "School is in session" means a day during which the school conducts instruction for
327 which student attendance is counted toward calculating average daily membership.
328 (i) "School resource officer" means a law enforcement officer, as defined in Section
329 53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
330 with a local education agency to provide law enforcement services for the local education
331 agency.
332 (j) "School-age child" means the same as that term is defined in Section 53G-6-201.
333 (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
334 clinic, or other event or activity that is authorized by a specific local education agency or public
335 school, according to LEA governing board policy, and satisfies at least one of the following
336 conditions:
337 (A) the activity is managed or supervised by a local education agency or public school,
338 or local education agency or public school employee;
339 (B) the activity uses the local education agency's or public school's facilities,
340 equipment, or other school resources; or
341 (C) the activity is supported or subsidized, more than inconsequentially, by public
342 funds, including the public school's activity funds or Minimum School Program dollars.
343 (ii) "School-sponsored activity" includes preparation for and involvement in a public
344 performance, contest, athletic competition, demonstration, display, or club activity.
345 (l) (i) "Status offense" means an offense that would not be an offense but for the age of
346 the offender.
347 (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
348 felony.
349 (2) This section applies to a minor enrolled in school who is alleged to have committed
350 an offense [
351 student is enrolled:
352 [
353 [
354 [
355
356 (3) Except as provided in Subsection (4), if a minor is alleged to have committed an
357 offense on school property that is a misdemeanor, an infraction, or a status offense, the school
358 administrator, the school administrator's designee, or a school resource officer may refer the
359 minor:
360 (a) to a court or a law enforcement agency; or
361 (b) to an evidence-based alternative intervention, including:
362 (i) a mobile crisis outreach team;
363 (ii) a youth services center as defined in Section 80-5-102;
364 (iii) a youth court or comparable restorative justice program;
365 (iv) an evidence-based alternative intervention created and developed by the school or
366 school district; or
367 (v) an evidence-based alternative intervention that is jointly created and developed by a
368 local education agency, the state board, the juvenile court, local counties and municipalities,
369 the Department of Health and Human Services.
370 (4) If a minor is alleged to have committed an offense that is truancy, the school
371 administrator, the school administrator's designee, a school resource officer, or a law
372 enforcement officer or agency:
373 (a) may not refer the minor to a prosecuting attorney or court for the offense, except as
374 provided in Subsection (6); and
375 (b) may refer the minor to an evidence-based alternative intervention, including:
376 (i) a mobile crisis outreach team;
377 (ii) a youth services center as defined in Section 80-5-102;
378 (iii) a youth court or comparable restorative justice program;
379 (iv) an evidence based-alternative intervention created and developed by the school or
380 school district; or
381 (v) an evidence-based alternative intervention that is jointly created and developed by a
382 local education agency, the state board, the juvenile court, local counties and municipalities,
383 the Department of Health and Human Services.
384 (5) A school administrator, the school administrator's designee, or a school resource
385 officer shall refer a minor for prevention and early intervention youth services, as described in
386 Section 80-5-201, by the Division of Juvenile Justice Services for allegedly being a habitual
387 truant if the minor refuses to participate in an evidence-based alternative intervention described
388 in Subsection (4)(b).
389 (6) A school administrator, the school administrator's designee, or a school resource
390 officer may refer a minor to a court or a law enforcement officer or agency for allegedly being a
391 habitual truant if the minor:
392 (a) refuses to participate in an evidence-based alternative intervention under Subsection
393 (4)(b); and
394 (b) fails to participate in prevention and early intervention youth services provided by
395 the Division of Juvenile Justice Services under Subsection (5).
396 [
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417 probable cause searches;
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419 school;
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421 by law;
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424 reasonable and necessary physical force when appropriate based on the totality of the
425 circumstances.
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450 to engage with the minor and the minor's family through the court process.
451 (b) A school representative appointed under Subsection [
452 school resource officer.
453 (c) A school district or school shall include the following in the school district's or
454 school's referral to the court or the law enforcement officer or agency:
455 (i) attendance records for the minor;
456 (ii) a report of evidence-based alternative interventions used by the school before the
457 referral, including outcomes;
458 (iii) the name and contact information of the school representative assigned to actively
459 participate in the court process with the minor and the minor's family;
460 (iv) if the referral is for habitual truancy, a report from the Division of Juvenile Justice
461 Services that demonstrates the minor's failure to complete or participate in prevention and early
462 intervention youth services under Subsection [
463 (v) any other information that the school district or school considers relevant.
464 [
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475 Section 7. Section 63A-16-1001 is amended to read:
476
477 63A-16-1001. Definitions.
478 As used in this part:
479 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
480 created in Section 63M-7-201.
481 (2) "Criminal justice agency" means an agency or institution directly involved in the
482 apprehension, prosecution, and incarceration of an individual involved in criminal activity,
483 including law enforcement, correctional facilities, jails, courts, probation, and parole.
484 (3) "Database" means the [
485 database created in this part.
486 (4) "Division" means the Division of Technology Services created in Section
487 63A-16-103.
488 Section 8. Section 63A-16-1002 is amended to read:
489 63A-16-1002. Criminal and juvenile justice database.
490 (1) The commission shall oversee the creation and management of a [
491
492 reported to the commission, organized by county, and accessible to all criminal justice agencies
493 in the state.
494 (2) The division shall assist with the development and management of the database.
495 (3) The division, in collaboration with the commission, shall create:
496 (a) master standards and formats for information submitted to the database;
497 (b) a portal, bridge, website, or other method for reporting entities to provide the
498 information;
499 (c) a master data management index or system to assist in the retrieval of information
500 in the database;
501 (d) a protocol for accessing information in the database that complies with state
502 privacy regulations; and
503 (e) a protocol for real-time audit capability of all data accessed through the portal by
504 participating data source, data use entities, and regulators.
505 (4) Each criminal justice agency charged with reporting information to the commission
506 shall provide the data or information to the database in a form prescribed by the commission.
507 (5) The database shall be the repository for the statutorily required data described in:
508 (a) Section 13-53-111, recidivism reporting requirements;
509 (b) Section 17-22-32, county jail reporting requirements;
510 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
511 (d) Section 24-4-118, forfeiture reporting requirements;
512 (e) Section 41-6a-511, courts to collect and maintain data;
513 (f) Section 63M-7-214, law enforcement agency grant reporting;
514 (g) Section 63M-7-216, prosecutorial data collection;
515 (h) Section 64-13-21, supervision of sentenced offenders placed in community;
516 (i) Section 64-13-25, standards for programs;
517 (j) Section 64-13-45, department reporting requirements;
518 (k) Section 64-13e-104, housing of state probationary inmates or state parole inmates;
519 (l) Section 77-7-8.5, use of tactical groups;
520 (m) Section 77-20-103, release data requirements;
521 (n) Section 77-22-2.5, court orders for criminal investigations;
522 (o) Section 78A-2-109.5, court demographics reporting;
523 (p) Section 80-6-104, data collection on offenses committed by minors; and
524 [
525 reporting of that data to the commission.
526 (6) The commission shall report:
527 (a) progress on the database, including creation, configuration, and data entered, to the
528 Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
529 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
530 Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
531 Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
532 Committee not later than January 16, 2023.
533 Section 9. Section 63I-1-253 is amended to read:
534 63I-1-253. Repeal dates: Titles 53 through 53G.
535 (1) Section 53-2a-105, which creates the Emergency Management Administration
536 Council, is repealed July 1, 2027.
537 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
538 Board, are repealed July 1, 2027.
539 (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
540 July 1, 2023.
541 (4) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
542 repealed July 1, 2024.
543 (5) Section 53B-7-709, regarding five-year performance goals for the Utah System of
544 Higher Education is repealed July 1, 2027.
545 (6) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
546 (7) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
547 repealed January 1, 2025.
548 (8) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
549 (9) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
550 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
551 hydrologic studies in the West Desert, is repealed July 1, 2030.
552 (10) [
553 councils for youth in custody, are repealed July 1, 2027.
554 (11) In relation to a standards review committee, on January 1, 2028:
555 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
556 recommendations of a standards review committee established under Section 53E-4-203" is
557 repealed; and
558 (b) Section 53E-4-203 is repealed.
559 (12) Section 53E-4-402, which creates the State Instructional Materials Commission, is
560 repealed July 1, 2027.
561 (13) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
562 repealed July 1, 2023.
563 (14) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
564 Program, is repealed July 1, 2024.
565 (15) Section 53F-5-203 is repealed July 1, 2024.
566 (16) Section 53F-5-213 is repealed July 1, 2023.
567 (17) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
568 1, 2025.
569 (18) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
570 repealed July 1, 2025.
571 (19) Section 53F-5-219, which creates the Local [
572 Education Pilot Program, is repealed on July 1, 2025.
573 (20) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
574 Committee, is repealed July 1, 2024.
575 (21) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
576 Commission, are repealed January 1, 2025.
577 [
578
579 [
580 2027.
581 [
582 July 1, 2027.
583 Section 10. Section 63M-7-208 is amended to read:
584 63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
585 (1) The State Commission on Criminal and Juvenile Justice shall:
586 (a) support implementation and expansion of evidence-based juvenile justice programs
587 and practices, including assistance regarding implementation fidelity, quality assurance, and
588 ongoing evaluation;
589 (b) examine and make recommendations on the use of third-party entities or an
590 intermediary organization to assist with implementation and to support the performance-based
591 contracting system authorized in Subsection (1)(m);
592 (c) oversee the development of performance measures to track juvenile justice reforms,
593 and ensure early and ongoing stakeholder engagement in identifying the relevant performance
594 measures;
595 (d) evaluate currently collected data elements throughout the juvenile justice system
596 and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
597 inefficiencies, and ensure a focus on recidivism reduction;
598 (e) review averted costs from reductions in out-of-home placements for juvenile justice
599 youth placed with the Division of Juvenile Justice Services and the Division of Child and
600 Family Services, and make recommendations to prioritize the reinvestment and realignment of
601 resources into community-based programs for youth living at home, including the following:
602 (i) statewide expansion of:
603 (A) juvenile receiving centers, as defined in Section 80-1-102;
604 (B) mobile crisis outreach teams, as defined in Section 62A-15-102;
605 (C) youth courts; and
606 (D) victim-offender mediation;
607 (ii) statewide implementation of nonresidential diagnostic assessment;
608 (iii) statewide availability of evidence-based programs and practices including
609 cognitive behavioral and family therapy programs for minors assessed by a validated risk and
610 needs assessment as moderate or high risk;
611 (iv) implementation and infrastructure to support the sustainability and fidelity of
612 evidence-based juvenile justice programs, including resources for staffing, transportation, and
613 flexible funds; and
614 (v) early intervention programs such as family strengthening programs, family
615 wraparound services, and proven truancy interventions;
616 (f) assist the Administrative Office of the Courts in the development of a statewide
617 sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
618 family to pay;
619 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
620 such as the operation of early intervention services, receiving centers, and diversion, and make
621 recommendations to reallocate functions as appropriate, in accordance with Section 80-5-401;
622 (h) comply with the data collection and reporting requirements under Section
623 80-6-104;
624 [
625
626 [
627 [
628
629
630 [
631
632
633 [
634
635 [
636 (i) develop a reasonable timeline within which all programming delivered to minors in
637 the juvenile justice system must be evidence-based or consist of practices that are rated as
638 effective for reducing recidivism by a standardized program evaluation tool;
639 (j) provide guidelines to be considered by the Administrative Office of the Courts and
640 the Division of Juvenile Justice Services in developing tools considered by the Administrative
641 Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
642 tools to be used for the evaluation of juvenile justice programs;
643 (k) develop a timeline to support improvements to juvenile justice programs to achieve
644 reductions in recidivism and review reports from relevant state agencies on progress toward
645 reaching that timeline;
646 (l) subject to Subsection (2), assist in the development of training for juvenile justice
647 stakeholders, including educators, law enforcement officers, probation staff, judges, Division
648 of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
649 providers;
650 (m) subject to Subsection (3), assist in the development of a performance-based
651 contracting system, which shall be developed by the Administrative Office of the Courts and
652 the Division of Juvenile Justice Services for contracted services in the community and
653 contracted out-of-home placement providers;
654 (n) assist in the development of a validated detention risk assessment tool that [
655
656 Division of Juvenile Justice Services as provided in Section 80-5-203 [
657
658 (o) annually issue and make public a report to the governor, president of the Senate,
659 speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
660 progress of the reforms and any additional areas in need of review.
661 (2) Training described in Subsection (1)(l) should include instruction on
662 evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
663 and fidelity, and shall be supplemented by the following topics:
664 (a) adolescent development;
665 (b) identifying and using local behavioral health resources;
666 (c) implicit bias;
667 (d) cultural competency;
668 (e) graduated responses;
669 (f) Utah juvenile justice system data and outcomes; and
670 (g) gangs.
671 (3) The system described in Subsection (1)(m) shall provide incentives for:
672 (a) the use of evidence-based juvenile justice programs and practices rated as effective
673 by the tools selected in accordance with Subsection (1)(j);
674 (b) the use of three-month timelines for program completion; and
675 (c) evidence-based programs and practices for minors living at home in rural areas.
676 (4) The State Commission on Criminal and Juvenile Justice may delegate the duties
677 imposed under this section to a subcommittee or board established by the State Commission on
678 Criminal and Juvenile Justice in accordance with Subsection 63M-7-204(2).
679 [
680
681 Section 11. Section 63M-7-218 is amended to read:
682 63M-7-218. State grant requirements.
683 Beginning July 1, 2023, the commission may not award any grant of state funds to any
684 entity subject to, and not in compliance with, the reporting requirements in Subsections
685 63A-16-1002(5)(a) through [
686 Section 12. Section 76-5-401.3 is amended to read:
687 76-5-401.3. Unlawful adolescent sexual activity -- Penalties -- Limitations.
688 (1) (a) As used in this section, "adolescent" means an individual in the transitional
689 phase of human physical and psychological growth and development between childhood and
690 adulthood who is 12 years old or older, but younger than 18 years old.
691 (b) Terms defined in Section 76-1-101.5 apply to this section.
692 (2) Under circumstances not amounting to an offense listed in Subsection (4), an actor
693 commits unlawful sexual activity if the actor:
694 (a) is an adolescent; and
695 (b) has sexual activity with another adolescent.
696 (3) A violation of Subsection (2) is a:
697 (a) third degree felony if an actor who is 17 years old engages in unlawful adolescent
698 sexual activity with an adolescent who is 12 or 13 years old;
699 (b) third degree felony if an actor who is 16 years old engages in unlawful adolescent
700 sexual activity with an adolescent who is 12 years old;
701 (c) class A misdemeanor if an actor who is 16 years old engages in unlawful adolescent
702 sexual activity with an adolescent who is 13 years old;
703 (d) class A misdemeanor if an actor who is 14 or 15 years old engages in unlawful
704 adolescent sexual activity with an adolescent who is 12 years old;
705 (e) class B misdemeanor if an actor who is 17 years old engages in unlawful adolescent
706 sexual activity with an adolescent who is 14 years old;
707 (f) class B misdemeanor if an actor who is 15 years old engages in unlawful adolescent
708 sexual activity with an adolescent who is 13 years old;
709 (g) class C misdemeanor if an actor who is 12 or 13 years old engages in unlawful
710 adolescent sexual activity with an adolescent who is 12 or 13 years old; and
711 (h) class C misdemeanor if an actor who is 14 years old engages in unlawful adolescent
712 sexual activity with an adolescent who is 13 years old.
713 (4) The offenses referred to in Subsection (2) are:
714 (a) rape, in violation of Section 76-5-402;
715 (b) rape of a child, in violation of Section 76-5-402.1;
716 (c) object rape, in violation of Section 76-5-402.2;
717 (d) object rape of a child, in violation of Section 76-5-402.3;
718 (e) forcible sodomy, in violation of Section 76-5-403;
719 (f) sodomy on a child, in violation of Section 76-5-403.1;
720 (g) sexual abuse of a child, in violation of Section 76-5-404;
721 (h) aggravated sexual assault, in violation of Section 76-5-405;
722 (i) incest, in violation of Section 76-7-102; or
723 (j) an attempt to commit any offense listed in Subsections (4)(a) through (4)(i).
724 (5) An offense under this section is not eligible for a nonjudicial adjustment under
725 Section [
726 (6) Except for an offense that is transferred to a district court by the juvenile court in
727 accordance with Section 80-6-504, the district court may enter any sentence or combination of
728 sentences that would have been available in juvenile court but for the delayed reporting or
729 delayed filing of the information in the district court.
730 (7) An offense under this section is not subject to registration under Subsection
731 77-41-102(17).
732 Section 13. Section 76-10-105 is amended to read:
733 76-10-105. Buying or possessing a tobacco product or an electronic cigarette
734 product by a minor -- Penalty -- Compliance officer authority -- Juvenile court
735 jurisdiction.
736 (1) An individual who is 18 years old or older, but younger than 21 years old, and who
737 buys or attempts to buy, accepts, or has in the individual's possession a tobacco product, an
738 electronic cigarette product, or a nicotine product is:
739 (a) guilty of an infraction; and
740 (b) subject to:
741 (i) a minimum fine or penalty of $60; and
742 (ii) participation in a court-approved tobacco education or cessation program, which
743 may include a participation fee.
744 (2) (a) An individual who is under 18 years old and who buys or attempts to buy,
745 accepts, or has in the individual's possession a tobacco product, an electronic cigarette product,
746 or a nicotine product is subject to a citation under Section 80-6-302[
747
748 (b) If a violation under this section is adjudicated under Section 80-6-701, the minor
749 may be subject to the following:
750 (i) a fine or penalty, in accordance with Section 80-6-709; and
751 (ii) participation in a court-approved tobacco education program, which may include a
752 participation fee.
753 (3) [
754 53G-4-402 may not issue a citation for a violation of this section committed on school
755 property.
756 [
757
758 Section 14. Section 76-10-501 is amended to read:
759 76-10-501. Definitions.
760 As used in this part:
761 (1) (a) "Antique firearm" means:
762 (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
763 similar type of ignition system, manufactured in or before 1898; or
764 (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
765 replica:
766 (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
767 ammunition; or
768 (B) uses rimfire or centerfire fixed ammunition which is:
769 (I) no longer manufactured in the United States; and
770 (II) is not readily available in ordinary channels of commercial trade; or
771 (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
772 (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
773 ammunition.
774 (b) "Antique firearm" does not include:
775 (i) a weapon that incorporates a firearm frame or receiver;
776 (ii) a firearm that is converted into a muzzle loading weapon; or
777 (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
778 replacing the:
779 (A) barrel;
780 (B) bolt;
781 (C) breechblock; or
782 (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
783 (2) "Auto sear" means a part designed and intended to convert a firearm into a fully
784 automatic weapon.
785 [
786 53-10-201 within the Department of Public Safety.
787 [
788 (i) covered, hidden, or secreted in a manner that the public would not be aware of its
789 presence; and
790 (ii) readily accessible for immediate use.
791 (b) A firearm that is unloaded and securely encased is not a concealed firearm for the
792 purposes of this part.
793 [
794 conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
795 Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
796 dealer conducts business.
797 [
798 (a) is of special interest to a collector because of a quality that is not associated with
799 firearms intended for:
800 (i) sporting use;
801 (ii) use as an offensive weapon; or
802 (iii) use as a defensive weapon;
803 (b) (i) was manufactured at least 50 years before the current date; and
804 (ii) is not a replica of a firearm described in Subsection [
805 (c) is certified by the curator of a municipal, state, or federal museum that exhibits
806 firearms to be a curio or relic of museum interest;
807 (d) derives a substantial part of its monetary value:
808 (i) from the fact that the firearm is:
809 (A) novel;
810 (B) rare; or
811 (C) bizarre; or
812 (ii) because of the firearm's association with an historical:
813 (A) figure;
814 (B) period; or
815 (C) event; and
816 (e) has been designated as a curio or relic firearm by the director of the United States
817 Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
818 [
819 (i) a firearm; or
820 (ii) an object that in the manner of its use or intended use is capable of causing death or
821 serious bodily injury.
822 (b) The following factors are used in determining whether any object, other than a
823 firearm, is a dangerous weapon:
824 (i) the location and circumstances in which the object was used or possessed;
825 (ii) the primary purpose for which the object was made;
826 (iii) the character of the wound, if any, produced by the object's unlawful use;
827 (iv) the manner in which the object was unlawfully used;
828 (v) whether the manner in which the object is used or possessed constitutes a potential
829 imminent threat to public safety; and
830 (vi) the lawful purposes for which the object may be used.
831 (c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
832 as defined by Section 76-10-306.
833 [
834 (a) licensed under 18 U.S.C. Sec. 923; and
835 (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
836 whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
837 [
838 [
839 (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
840 (b) is engaged in the activities authorized by the specific category of license held.
841 [
842 or short barreled rifle, or a device that could be used as a dangerous weapon from which is
843 expelled a projectile by action of an explosive.
844 (b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an
845 antique firearm.
846 [
847 be completed by a person purchasing, selling, or transferring a handgun from a dealer in the
848 state.
849 [
850 or can be readily restored to fire, automatically more than one shot without manual reloading
851 by a single function of the trigger.
852 [
853 loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of
854 which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
855 (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol
856 or revolver" do not include an antique firearm.
857 [
858 building set apart primarily for the purpose of worship in which religious services are held and
859 the main body of which is kept for that use and not put to any other use inconsistent with its
860 primary purpose.
861 [
862 [
863 dangerous weapon is carried on the person or within such close proximity and in such a manner
864 that it can be retrieved and used as readily as if carried on the person.
865 [
866 primary or secondary residence.
867 [
868 held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
869 storage area of a motor vehicle, not including a glove box or console box.
870 [
871 barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or
872 barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun
873 by alteration, modification, or otherwise, if the weapon as modified has an overall length of
874 fewer than 26 inches.
875 [
876 containing pellets or a single slug.
877 [
878 against the shoulder.
879 [
880 [
881 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
882 unit, bureau, panel, or other administrative unit of the state.
883 [
884 76-3-203.5.
885 Section 15. Section 76-10-509.4 is amended to read:
886 76-10-509.4. Prohibition of possession of certain weapons by minors.
887 (1) [
888 possess a handgun.
889 (2) Except as provided by federal law, [
890 who is under 18 years old may not possess the following:
891 (a) a short barreled rifle [
892 (b) a short barreled shotgun; [
893 [
894 (d) an auto sear.
895 (3) [
896 (a) a class B misdemeanor upon the first offense; and
897 (b) a class A misdemeanor for each subsequent offense.
898 (4) [
899 felony.
900 Section 16. Section 78A-6-210 is amended to read:
901 78A-6-210. Fines -- Fees -- Deposit with state treasurer -- Restricted account.
902 (1) There is created a restricted account in the General Fund known as the "Nonjudicial
903 Adjustment Account."
904 (2) (a) The account shall be funded from the financial penalty established under
905 [
906 (b) The court shall deposit all money collected as a result of penalties assessed as part
907 of the nonjudicial adjustment of a case into the account.
908 (c) The account shall be used to pay the expenses of juvenile compensatory service,
909 victim restitution, and diversion programs.
910 (3) (a) Except under Subsection (3)(b) or (4) and as otherwise provided by law, the
911 juvenile court shall pay all fines, fees, penalties, and forfeitures imposed and collected by the
912 juvenile court to the state treasurer for deposit into the General Fund.
913 (b) No more than 50% of any fine or forfeiture collected may be paid to a state
914 rehabilitative employment program for a minor adjudicated under Section 80-6-701 that
915 provides for employment of the minor in the county of the minor's residence if:
916 (i) reimbursement for the minor's labor is paid to the victim of the offense or wrongful
917 act committed by the minor;
918 (ii) the amount earned and paid is set by court order;
919 (iii) the minor is not paid more than the hourly minimum wage; and
920 (iv) no payments to victims are made without the minor's involvement in a
921 rehabilitative work program.
922 (c) Fines withheld under Subsection (3)(b) and any private contributions to the
923 rehabilitative employment program are accounted for separately and are subject to audit at any
924 time by the state auditor.
925 (d) (i) Funds withheld under Subsection (3)(b) and private contributions are
926 nonlapsing.
927 (ii) The board shall establish policies for the use of the funds described in this
928 Subsection (3)(d).
929 (4) For fines and forfeitures collected by the court for a violation of Section
930 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
931 enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
932 the school district or private school that owns or contracts for the use of the bus, and the state
933 treasurer shall allocate 80% to the General Fund.
934 (5) A state or local public officer may not charge a fee for the service of process in any
935 proceedings initiated by a public agency.
936 Section 17. Section 80-6-104 is enacted to read:
937 80-6-104. Data collection on offenses committed by minors -- Reporting
938 requirement.
939 (1) As used in this section:
940 (a) "Firearm" means the same as that term is defined in Section 76-10-501.
941 (b) "Firearm-related offense" means a criminal offense involving a firearm.
942 (c) "School is in session" means the same as that term is defined in Section 53E-3-516.
943 (d) "School-sponsored activity" means the same as that term is defined in Section
944 53E-3-516.
945 (2) Before July 1 of each year, the Administrative Office of the Courts shall submit the
946 following data to the State Commission on Criminal and Juvenile Justice, broken down by
947 judicial district, for the preceding calendar year:
948 (a) the number of referrals to the juvenile court;
949 (b) the number of minors diverted to a nonjudicial adjustment;
950 (c) the number of minors that satisfy the conditions of a nonjudicial adjustment;
951 (d) the number of minors for whom a petition for an offense is filed in the juvenile
952 court;
953 (e) the number of minors for whom an information is filed in the juvenile court;
954 (f) the number of minors bound over to the district court by the juvenile court;
955 (g) the number of petitions for offenses committed by minors that were dismissed by
956 the juvenile court;
957 (h) the number of adjudications in the juvenile court for offenses committed by minors;
958 (i) the number of guilty pleas entered into by minors in the juvenile court;
959 (j) the number of dispositions resulting in secure care, community-based placement,
960 formal probation, and intake probation; and
961 (k) for each minor charged in the juvenile court with a firearm-related offense:
962 (i) the minor's age at the time the offense was committed or allegedly committed;
963 (ii) the minor's zip code at the time that the offense was referred to the juvenile court;
964 (iii) whether the minor is a restricted person under Subsection 76-10-503(1)(a)(iv) or
965 (1)(b)(ii);
966 (iv) the type of offense for which the minor is charged;
967 (v) the outcome of the minor's case in juvenile court, including whether the minor was
968 bound over to the district court or adjudicated by the juvenile court; and
969 (vi) if a disposition was entered by the juvenile court, whether the disposition resulted
970 in secure care, community-based placement, formal probation, or intake probation.
971 (3) The State Commission on Criminal and Juvenile Justice shall track the disposition
972 of a case resulting from a firearm-related offense committed, or allegedly committed, by a
973 minor when the minor is found in possession of a firearm while school is in session or during a
974 school-sponsored activity.
975 (4) In collaboration with the Administrative Office of the Courts, the division, and
976 other agencies, the State Commission on Criminal and Juvenile Justice shall collect data for the
977 preceding calendar year on:
978 (a) the length of time that minors spend in the juvenile justice system, including the
979 total amount of time minors spend under juvenile court jurisdiction, on community
980 supervision, and in each out-of-home placement;
981 (b) recidivism of minors who are diverted to a nonjudicial adjustment and minors for
982 whom dispositions are ordered by the juvenile court, including tracking minors into the adult
983 corrections system;
984 (c) changes in aggregate risk levels from the time minors receive services, are under
985 supervision, and are in out-of-home placement; and
986 (d) dosages of programming.
987 (5) On and before October 1 of each year, the State Commission on Criminal and
988 Juvenile Justice shall prepare and submit a written report to the Judiciary Interim Committee
989 and the Law Enforcement and Criminal Justice Interim Committee that includes:
990 (a) data collected by the State Commission on Criminal and Juvenile Justice under this
991 section;
992 (b) data collected by the State Board of Education under Section 53E-3-516; and
993 (c) recommendations for legislative action with respect to the data described in this
994 Subsection (5).
995 Section 18. Section 80-6-204 is amended to read:
996 80-6-204. Detention or confinement of a minor -- Restrictions.
997 (1) Except as provided in Subsection (2) or this chapter, if a child is apprehended by a
998 peace officer, or brought before a court for examination under state law, the child may not be
999 confined:
1000 (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
1001 (b) in secure care.
1002 (2) (a) The division shall detain a child in accordance with Sections 80-6-502,
1003 80-6-504, and 80-6-505 if:
1004 (i) the child is charged with an offense under Section 80-6-502 or 80-6-503;
1005 (ii) the district court has obtained jurisdiction over the offense because the child is
1006 bound over to the district court under Section 80-6-504; and
1007 (iii) the juvenile or district court orders the detention of the child.
1008 (b) (i) If a child is detained before a detention hearing, or a preliminary hearing under
1009 Section 80-6-504 if a criminal information is filed for the child under Section 80-6-503, the
1010 child may only be held in certified juvenile detention accommodations in accordance with rules
1011 made by the commission.
1012 (ii) The commission's rules shall include rules for acceptable sight and sound
1013 separation from adult inmates.
1014 (iii) The commission shall certify that a correctional facility is in compliance with the
1015 commission's rules.
1016 (iv) This Subsection (2)(b) does not apply to a child held in a correctional facility in
1017 accordance with Subsection (2)(a).
1018 (3) (a) In an area of low density population, the commission may, by rule, approve a
1019 juvenile detention accommodation within a correctional facility that has acceptable sight and
1020 sound separation.
1021 (b) An accommodation described in Subsection (3)(a) shall be used only:
1022 (i) for short-term holding of a child who is alleged to have committed an act that would
1023 be a criminal offense if committed by an adult; and
1024 (ii) for a maximum confinement period of six hours.
1025 (c) A child may only be held in an accommodation described in Subsection (3)(a) for:
1026 (i) identification;
1027 (ii) notification of a juvenile court official;
1028 (iii) processing; and
1029 (iv) allowance of adequate time for evaluation of needs and circumstances regarding
1030 the release or transfer of the child to a shelter or detention facility.
1031 (d) This Subsection (3) does not apply to a child held in a correctional facility in
1032 accordance with Subsection (2)(a).
1033 (4) (a) If a child is alleged to have committed an act that would be [
1034 a misdemeanor or infraction offense if committed by an adult, the child may be detained in a
1035 holding room in a local law enforcement agency facility for a maximum of two hours:
1036 [
1037 [
1038 [
1039 (b) If a child is alleged to have committed an act that would be a felony offense if
1040 committed by an adult, the child may be detained in a holding room in a local law enforcement
1041 agency facility for a maximum of four hours:
1042 (i) for identification or interrogation; or
1043 (ii) while awaiting release to a parent or other responsible adult.
1044 (c) A holding room described in [
1045 certified by the commission in accordance with the commission's rules.
1046 [
1047 for sight and sound separation from adult inmates.
1048 (5) Willful failure to comply with this section is a class B misdemeanor.
1049 (6) (a) The division is responsible for the custody and detention of:
1050 (i) a child who requires detention before trial or examination, or is placed in secure
1051 detention after an adjudication under Section 80-6-704; and
1052 (ii) a juvenile offender under Subsection 80-6-806(7).
1053 (b) Subsection (6)(a) does not apply to a child held in a correctional facility in
1054 accordance with Subsection (2)(a).
1055 (c) (i) The commission shall provide standards for custody or detention under
1056 Subsections (2)(b), (3), and (4).
1057 (ii) The division shall determine and set standards for conditions of care and
1058 confinement of children in detention facilities.
1059 (d) (i) The division, or a public or private agency willing to undertake temporary
1060 custody or detention upon agreed terms in a contract with the division, shall provide all other
1061 custody or detention in suitable premises distinct and separate from the general jails, lockups,
1062 or cells used in law enforcement and corrections systems.
1063 (ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in
1064 accordance with Subsection (2)(a).
1065 (7) Except as otherwise provided by this chapter, if an individual who is, or appears to
1066 be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official,
1067 in charge of the correctional facility shall:
1068 (a) immediately notify the juvenile court of the individual; and
1069 (b) make arrangements for the transfer of the individual to a detention facility, unless
1070 otherwise ordered by the juvenile court.
1071 Section 19. Section 80-6-302 is amended to read:
1072 80-6-302. Citation -- Procedure -- Time limits -- Failure to appear.
1073 (1) A petition is not required to commence a proceeding against a minor for an
1074 adjudication of an alleged offense if a citation is issued for an offense for which the juvenile
1075 court has jurisdiction over and the offense listed in the citation is for:
1076 (a) a violation of a wildlife law;
1077 (b) a violation of a boating law;
1078 (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
1079 infraction:
1080 (i) for a traffic violation; or
1081 (ii) designated as a citable offense by general order of the Board of Juvenile Court
1082 Judges;
1083 (d) a class B misdemeanor or infraction for a traffic violation where the individual is
1084 15 years old or younger at the time the offense was alleged to have occurred;
1085 (e) an infraction or misdemeanor designated as a citable offense by a general order of
1086 the Board of Juvenile Court Judges; or
1087 (f) a violation of Subsection 76-10-105(2).
1088 (2) Except as provided in Subsection (6) and Section 80-6-301, a citation for an offense
1089 listed in Subsection (1) shall be submitted to the juvenile court within five days of issuance to a
1090 minor.
1091 (3) A copy of the citation shall contain:
1092 (a) the name and address of the juvenile court before which the minor may be required
1093 to appear;
1094 (b) the name of the minor cited;
1095 (c) the statute or local ordinance that the minor is alleged to have violated;
1096 (d) a brief description of the offense charged;
1097 (e) the date, time, and location at which the offense is alleged to have occurred;
1098 (f) the date the citation was issued;
1099 (g) the name and badge or identification number of the peace officer or public official
1100 who issued the citation;
1101 (h) the name of the arresting person if an arrest was made by a private party and the
1102 citation was issued in lieu of taking the minor into temporary custody as provided in Section
1103 80-6-201;
1104 (i) a statement that the minor and the minor's parent or guardian are to appear when
1105 notified by the juvenile court; and
1106 (j) the signature of the minor and the minor's parent or guardian, if present, agreeing to
1107 appear at the juvenile court when notified by the court.
1108 (4) A copy of the citation shall contain space for the following information to be
1109 entered if known:
1110 (a) the minor's address;
1111 (b) the minor's date of birth;
1112 (c) the name and address of the child's custodial parent or guardian, if different from
1113 the child; and
1114 (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
1115 this information shall be removed from the documents the minor receives.
1116 (5) A citation received by the juvenile court beyond the time designated in Subsection
1117 (2) shall include a written explanation for the delay.
1118 (6) [
1119 committed by an enrolled child on school property, or related to school attendance, may only
1120 be referred to the prosecuting attorney or the juvenile court in accordance with Section
1121 53G-8-211.
1122 (7) If a juvenile court receives a citation described in Subsection (1), a juvenile
1123 probation officer shall make a preliminary inquiry as to whether the minor is eligible for a
1124 nonjudicial adjustment in accordance with Subsection [
1125 (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a
1126 prosecuting attorney may commence a proceeding against a minor, without filing a petition, for
1127 an adjudication of the offense in the citation only if:
1128 (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment [
1129
1130 (ii) the prosecuting attorney conducts an inquiry under Subsection (9).
1131 (b) Except as provided in Subsection 80-6-305(2), a prosecuting attorney may not
1132 commence a proceeding against an individual for any offense listed in a citation alleged to have
1133 occurred before the individual was 12 years old.
1134 (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable
1135 belief, that:
1136 (a) the charge listed in the citation is supported by probable cause;
1137 (b) admissible evidence will be sufficient to support adjudication beyond a reasonable
1138 doubt; and
1139 (c) the decision to charge is in the interests of justice.
1140 (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor
1141 shall appear at the juvenile court at a date and time established by the juvenile court.
1142 (11) If a minor willfully fails to appear before the juvenile court for a proceeding under
1143 Subsection (8)(a), the juvenile court may:
1144 (a) find the minor in contempt of court; and
1145 (b) proceed against the minor as provided in Section 78A-6-353.
1146 (12) If a proceeding is commenced under this section, the minor may remit a fine
1147 without a personal appearance before the juvenile court with the consent of:
1148 (a) the juvenile court; and
1149 (b) if the minor is a child, the parent or guardian of the child cited.
1150 Section 20. Section 80-6-303 is amended to read:
1151 80-6-303. Criminal proceedings involving minors -- Transfer to juvenile court --
1152 Exception.
1153 (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
1154 justice court determines that an individual being charged is under 21 years old and was younger
1155 than 18 years old at the time of committing the alleged offense, the district court or justice
1156 court shall transfer the case to the juvenile court with all the papers, documents, and transcripts
1157 of any testimony.
1158 (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
1159 that is:
1160 (A) filed in the district court in accordance with Section 80-6-502; or
1161 (B) transferred to the district court in accordance with Section 80-6-504.
1162 (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
1163 offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
1164 (2) (a) Except as provided in Subsection (2)(b), the district court or justice court
1165 making the transfer shall:
1166 (i) order the individual to be taken immediately to the juvenile court or to a place of
1167 detention designated by the juvenile court; or
1168 (ii) release the individual to the custody of the individual's parent or guardian or other
1169 person legally responsible for the individual, to be brought before the juvenile court at a time
1170 designated by the juvenile court.
1171 (b) If the alleged offense under Subsection (1) occurred before the individual was 12
1172 years old:
1173 (i) the district court or justice court making the transfer shall release the individual to
1174 the custody of the individual's parent or guardian, or other person legally responsible for the
1175 individual;
1176 (ii) the juvenile court shall treat the transfer as a referral under Section 80-6-301; and
1177 (iii) a juvenile probation officer shall make a preliminary inquiry to determine whether
1178 the individual is eligible for a nonjudicial adjustment in accordance with Section [
1179 80-6-303.
1180 (c) If the case is transferred to the juvenile court under this section, the juvenile court
1181 shall then proceed in accordance with this chapter.
1182 (3) A district court or justice court does not have to transfer a case under Subsection
1183 (1) if the district court or justice court would have had jurisdiction over the case at the time the
1184 individual committed the offense in accordance with Sections 78A-5-102 and 78A-7-106.
1185 Section 21. Section 80-6-303.5 is enacted to read:
1186 80-6-303.5. Preliminary inquiry by juvenile probation officer -- Eligibility for
1187 nonjudicial adjustment.
1188 (1) If the juvenile court receives a referral for an offense committed by a minor that is,
1189 or appears to be, within the juvenile court's jurisdiction, a juvenile probation officer shall make
1190 a preliminary inquiry in accordance with this section to determine whether the minor is eligible
1191 to enter into a nonjudicial adjustment.
1192 (2) If a minor is referred to the juvenile court for multiple offenses arising from a
1193 single criminal episode, and the minor is eligible under this section for a nonjudicial
1194 adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for
1195 all offenses arising from the single criminal episode.
1196 (3) (a) The juvenile probation officer may:
1197 (i) conduct a validated risk and needs assessment; and
1198 (ii) request that a prosecuting attorney review a referral in accordance with Section
1199 80-6-304.5 if:
1200 (A) the results of the validated risk and needs assessment indicate the minor is high
1201 risk; or
1202 (B) the results of the validated risk and needs assessment indicate the minor is
1203 moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
1204 Offenses Against the Individual, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
1205 (b) If the referral involves an offense that is a violation of Section 41-6a-502, the minor
1206 shall:
1207 (i) undergo a drug and alcohol screening;
1208 (ii) if found appropriate by the screening, participate in an assessment; and
1209 (iii) if warranted by the screening and assessment, follow the recommendations of the
1210 assessment.
1211 (4) Except for an offense that is not eligible under Subsection (8), the juvenile
1212 probation officer shall offer a nonjudicial adjustment to a minor if:
1213 (a) the minor:
1214 (i) is referred for an offense that is a misdemeanor, infraction, or status offense;
1215 (ii) has no more than one prior adjudication; and
1216 (iii) has no more than one prior unsuccessful nonjudicial adjustment attempt; or
1217 (b) the minor is referred for an offense that is alleged to have occurred before the minor
1218 was 12 years old.
1219 (5) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
1220 Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single
1221 criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment.
1222 (6) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
1223 Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single
1224 criminal episode that resulted in one or more prior adjudications as a single adjudication.
1225 (7) Except for a referral that involves an offense described in Subsection (8), the
1226 juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the
1227 criteria described in Subsection (4)(a).
1228 (8) The juvenile probation officer may not offer a minor a nonjudicial adjustment if the
1229 referral involves:
1230 (a) an offense alleged to have occurred when the minor was 12 years old or older that
1231 is:
1232 (i) a felony offense; or
1233 (ii) a misdemeanor violation of:
1234 (A) Section 41-6a-502, driving under the influence;
1235 (B) Section 76-5-107, threat of violence;
1236 (C) Section 76-5-107.1, threats against schools;
1237 (D) Section 76-5-112, reckless endangerment creating a substantial risk of death or
1238 serious bodily injury;
1239 (E) Section 76-5-206, negligent homicide;
1240 (F) Section 76-9-702.1, sexual battery;
1241 (G) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
1242 shotgun on or about school premises;
1243 (H) Section 76-10-506, threatening with or using a dangerous weapon in fight or
1244 quarrel;
1245 (I) Section 76-10-507, possession of a deadly weapon with criminal intent;
1246 (J) Section 76-10-509, possession of a dangerous weapon by a minor; or
1247 (K) Section 76-10-509.4, prohibition of possession of certain weapons by minors; or
1248 (b) an offense alleged to have occurred before the minor is 12 years old that is a felony
1249 violation of:
1250 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1251 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
1252 (iii) Section 76-5-203, murder or attempted murder;
1253 (iv) Section 76-5-302, aggravated kidnapping;
1254 (v) Section 76-5-405, aggravated sexual assault;
1255 (vi) Section 76-6-103, aggravated arson;
1256 (vii) Section 76-6-203, aggravated burglary;
1257 (viii) Section 76-6-302, aggravated robbery; or
1258 (ix) Section 76-10-508.1, felony discharge of a firearm.
1259 (9) The juvenile probation officer shall request that a prosecuting attorney review a
1260 referral if:
1261 (a) the referral involves an offense described in Subsection (8); or
1262 (b) the minor has a current suspended order for custody under Section 80-6-711.
1263 Section 22. Section 80-6-304 is amended to read:
1264 80-6-304. Nonjudicial adjustments.
1265 [
1266
1267
1268
1269 [
1270
1271
1272
1273 [
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1277 [
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1330 [
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1333 [
1334 minor to:
1335 (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
1336 terms established under Subsection [
1337 (b) pay restitution to any victim;
1338 (c) complete community or compensatory service;
1339 (d) attend counseling or treatment with an appropriate provider;
1340 (e) attend substance abuse treatment or counseling;
1341 (f) comply with specified restrictions on activities or associations;
1342 (g) attend victim-offender mediation if requested by the victim; and
1343 (h) comply with any other reasonable action that is in the interest of the minor, the
1344 community, or the victim.
1345 [
1346 nonjudicial adjustment in accordance with [
1347 probation officer shall provide an initial notice to reasonably identifiable and locatable victims
1348 of the offense contained in the referral.
1349 (b) The victim shall be responsible to provide to the juvenile probation officer upon
1350 request:
1351 (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
1352 out-of-pocket loss;
1353 (ii) documentation and evidence of compensation or reimbursement from an insurance
1354 company or an agency of the state, any other state, or the federal government received as a
1355 direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
1356 (iii) proof of identification, including home and work address and telephone numbers.
1357 (c) The inability, failure, or refusal of the victim to provide all or part of the requested
1358 information shall result in the juvenile probation officer determining restitution based on the
1359 best information available.
1360 [
1361 of a nonjudicial adjustment on an admission of guilt.
1362 [
1363 nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection
1364 [
1365 [
1366 nonjudicial adjustment under Subsection [
1367 as determined by a statewide sliding scale developed in accordance with Section 63M-7-208.
1368 [
1369 juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
1370 [
1371 nonjudicial adjustment beyond the 180 days permitted under Subsection [
1372 (i) for a minor who is:
1373 (A) offered a nonjudicial adjustment [
1374 under Title 76, Chapter 5, Part 4, Sexual Offenses, [
1375 minor was 12 years old; or
1376 (B) referred [
1377 under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor
1378 was 12 years old[
1379 (ii) the judge determines that:
1380 (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
1381 (B) the treatment cannot be completed within 180 days after the day on which the
1382 minor entered into the nonjudicial adjustment; and
1383 (C) the treatment is necessary based on a clinical assessment that is developmentally
1384 appropriate for the minor.
1385 [
1386 Subsection [
1387 completes the [
1388 only grant each extension for 90 days at a time.
1389 [
1390 or penalty and participate in a court-approved tobacco education program with a participation
1391 fee.
1392 [
1393
1394
1395
1396 [
1397 [
1398 [
1399
1400 [
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1424
1425 Section 23. Section 80-6-304.5 is enacted to read:
1426 80-6-304.5. Prosecutorial review of referral to juvenile court -- Filing a petition.
1427 (1) A prosecuting attorney shall review a referral to the juvenile court for an offense
1428 committed by a minor if:
1429 (a) the prosecuting attorney is requested to review the referral under Section
1430 80-6-303.5;
1431 (b) the minor fails to substantially comply with a condition agreed upon as part of the
1432 nonjudicial adjustment; or
1433 (c) the minor is not offered or declines a nonjudicial adjustment.
1434 (2) Upon review of a referral under Subsection (1), the prosecuting attorney shall:
1435 (a) dismiss the referral;
1436 (b) send the referral back to the juvenile probation officer for a new attempt at
1437 nonjudicial adjustment if the minor's case is eligible for a nonjudicial adjustment under Section
1438 80-6-303.5; or
1439 (c) except as provided in Subsection (5), file a petition with the juvenile court.
1440 (3) A prosecuting attorney may only file a petition under Subsection (2)(c) upon
1441 reasonable belief that:
1442 (a) the charges are supported by probable cause;
1443 (b) admissible evidence will be sufficient to support adjudication beyond a reasonable
1444 doubt; and
1445 (c) the decision to charge is in the interests of justice.
1446 (4) If a minor has substantially complied with the other conditions of a nonjudicial
1447 adjustment or conditions imposed through any other court diversion program, the minor's
1448 failure to pay a fine or fee as a condition of the nonjudicial adjustment or program may not
1449 serve as a basis for filing of a petition.
1450 (5) A prosecuting attorney may not file a petition against a minor unless:
1451 (a) the prosecuting attorney has statutory authority to file the petition under Section
1452 80-6-305; and
1453 (b) (i) the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5;
1454 (ii) the minor declines a nonjudicial adjustment;
1455 (iii) the minor fails to substantially comply with the conditions agreed upon as part of
1456 the nonjudicial adjustment; or
1457 (iv) the minor fails to respond to the juvenile probation officer's inquiry regarding
1458 eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
1459 preliminary inquiry.
1460 (6) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is
1461 commenced against a minor under Section 80-6-302, the juvenile court may refer the case to
1462 the juvenile probation officer for another offer of nonjudicial adjustment if the minor is eligible
1463 for a nonjudicial adjustment under Section 80-6-303.5.
1464 Section 24. Section 80-6-305 is amended to read:
1465 80-6-305. Petition for a delinquency proceeding -- Amending a petition --
1466 Continuance.
1467 (1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of
1468 Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of
1469 an alleged offense, except as provided in:
1470 (a) Subsection (2);
1471 (b) Section 80-6-302;
1472 (c) Section 80-6-502; and
1473 (d) Section 80-6-503.
1474 (2) A prosecuting attorney may not file a petition under Subsection (1) against an
1475 individual for an offense alleged to have occurred before the individual was 12 years old,
1476 unless:
1477 (a) the individual is alleged to have committed a felony violation of:
1478 (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1479 (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
1480 (iii) Section 76-5-203, murder or attempted murder;
1481 (iv) Section 76-5-302, aggravated kidnapping;
1482 (v) Section 76-5-405, aggravated sexual assault;
1483 (vi) Section 76-6-103, aggravated arson;
1484 (vii) Section 76-6-203, aggravated burglary;
1485 (viii) Section 76-6-302, aggravated robbery; or
1486 (ix) Section 76-10-508.1, felony discharge of a firearm; or
1487 (b) an offer for a nonjudicial adjustment is made under Section [
1488 and the minor:
1489 (i) declines to accept the offer for the nonjudicial adjustment; or
1490 (ii) fails to substantially comply with the conditions agreed upon as part of the
1491 nonjudicial adjustment.
1492 (3) A juvenile court may dismiss a petition under this section at any stage of the
1493 proceedings.
1494 (4) (a) When evidence is presented during any proceeding in a minor's case that points
1495 to material facts not alleged in the petition, the juvenile court may consider the additional or
1496 different material facts raised by the evidence if the parties consent.
1497 (b) The juvenile court, on a motion from any interested party or on the court's own
1498 motion, shall direct that the petition be amended to conform to the evidence.
1499 (c) If an amended petition under Subsection (4)(b) results in a substantial departure
1500 from the material facts originally alleged, the juvenile court shall grant a continuance as justice
1501 may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.