Senator Stephanie Pitcher proposes the following substitute bill:


1     
JUVENILE JUSTICE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
House Sponsor: Matthew H. Gwynn

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to juvenile justice.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     clarifies requirements regarding the collection of a DNA specimen from a minor
14     adjudicated by the juvenile court;
15          ▸     allows the Division of Juvenile Justice Services to manage accounts and finances
16     for minors in the custody of the Division of Juvenile Justice Services;
17          ▸     provides that a minor may not be placed in a correctional facility that is intended to
18     hold adults accused or convicted of offenses as an alternative to detention;
19          ▸     provides a time period in which an agency is required to send an affidavit to an
20     individual who is the subject of an expungement order by the juvenile court; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     AMENDS:
28          53-10-403, as last amended by Laws of Utah 2023, Chapters 328, 457
29          53-10-403.5, as last amended by Laws of Utah 2023, Chapters 184, 500
30          53-10-404, as last amended by Laws of Utah 2021, Chapter 262
31          53-10-406, as last amended by Laws of Utah 2022, Chapter 113
32          78A-6-353, as renumbered and amended by Laws of Utah 2021, Chapter 261
33          80-1-102, as last amended by Laws of Utah 2023, Chapter 330
34          80-5-202, as last amended by Laws of Utah 2023, Chapter 139
35          80-6-205, as last amended by Laws of Utah 2022, Chapter 155
36          80-6-608, as last amended by Laws of Utah 2023, Chapter 330
37          80-6-704, as enacted by Laws of Utah 2021, Chapter 261
38          80-6-1006.1, as enacted by Laws of Utah 2023, Chapter 115
39     ENACTS:
40          80-5-304, Utah Code Annotated 1953
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53-10-403 is amended to read:
44          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
45          (1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to
46     [any person who]:
47          (a) a person who has pled guilty to or has been convicted of any of the offenses under
48     Subsection (2)(a) or (b) on or after July 1, 2002;
49          (b) a person who has pled guilty to or has been convicted by any other state or by the
50     United States government of an offense which if committed in this state would be punishable
51     as one or more of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
52          (c) a person who has been booked on or after January 1, 2011, through December 31,
53     2014, for any offense under Subsection (2)(c);
54          (d) a person who has been booked:
55          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
56     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or

57          (ii) on or after January 1, 2015, for any felony offense; or
58          (e) a minor:
59          (i) (A) who is adjudicated by the juvenile court for an offense described in Subsection
60     (2) that is within the jurisdiction of the juvenile court on or after July 1, 2002; or
61          (B) who is adjudicated by the juvenile court for an offense described in Subsection (2)
62     and is in the legal custody of the Division of Juvenile Justice Services for the offense on or
63     after July 1, 2002; and
64          (ii) who is 14 years old or older at the time of the commission of the offense described
65     in Subsection (2).
66          [(e) is a minor under Subsection (3).]
67          (2) Offenses referred to in Subsection (1) are:
68          (a) any felony or class A misdemeanor under the Utah Code;
69          (b) any offense under Subsection (2)(a):
70          (i) for which the court enters a judgment for conviction to a lower degree of offense
71     under Section 76-3-402; or
72          (ii) regarding which the court allows the defendant to enter a plea in abeyance as
73     defined in Section 77-2a-1; or
74          (c) (i) any violent felony as defined in Section 53-10-403.5;
75          (ii) sale or use of body parts, Section 26B-8-315;
76          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
77          (iv) operating a motor vehicle with any amount of a controlled substance in an
78     individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
79     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
80          (v) a felony violation of enticing a minor, Section 76-4-401;
81          (vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);
82          (vii) a felony violation of propelling a substance or object at a correctional officer, a
83     peace officer, or an employee or a volunteer, including health care providers, Section
84     76-5-102.6;
85          (viii) negligently operating a vehicle resulting in death, Subsection 76-5-207(2)(b);
86          (ix) aggravated human trafficking, Section 76-5-310, and aggravated human
87     smuggling, Section 76-5-310.1;

88          (x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
89          (xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
90          (xii) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
91          (xiii) sale of a child, Section 76-7-203;
92          (xiv) aggravated escape, Subsection 76-8-309(2);
93          (xv) a felony violation of assault on an elected official, Section 76-8-315;
94          (xvi) influencing, impeding, or retaliating against a judge or member of the Board of
95     Pardons and Parole, Section 76-8-316;
96          (xvii) advocating criminal syndicalism or sabotage, Section 76-8-902;
97          (xviii) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
98          (xix) a felony violation of sexual battery, Section 76-9-702.1;
99          (xx) a felony violation of lewdness involving a child, Section 76-9-702.5;
100          (xxi) a felony violation of abuse or desecration of a dead human body, Section
101     76-9-704;
102          (xxii) manufacture, possession, sale, or use of a weapon of mass destruction, Section
103     76-10-402;
104          (xxiii) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
105     Section 76-10-403;
106          (xxiv) possession of a concealed firearm in the commission of a violent felony,
107     Subsection 76-10-504(4);
108          (xxv) assault with the intent to commit bus hijacking with a dangerous weapon,
109     Subsection 76-10-1504(3);
110          (xxvi) commercial obstruction, Subsection 76-10-2402(2);
111          (xxvii) a felony violation of failure to register as a sex or kidnap offender, Section
112     77-41-107;
113          (xxviii) repeat violation of a protective order, Subsection 77-36-1.1(4); or
114          (xxix) violation of condition for release after arrest under Section 78B-7-802.
115          [(3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
116     by the juvenile court due to the commission of any offense described in Subsection (2), and
117     who:]
118          [(a) committed an offense under Subsection (2) within the jurisdiction of the juvenile

119     court on or after July 1, 2002; or]
120          [(b) is in the legal custody of the Division of Juvenile Justice and Youth Services on or
121     after July 1, 2002, for an offense under Subsection (2).]
122          Section 2. Section 53-10-403.5 is amended to read:
123          53-10-403.5. Definitions.
124          As used in this section and Sections 53-10-403, 53-10-403.7, 53-10-404, 53-10-404.5,
125     53-10-405, and 53-10-406:
126          (1) "Adjudication" means the same as that term is defined in Section 80-1-102.
127          [(1)] (2) "Bureau" means the Bureau of Forensic Services.
128          [(2)] (3) "Combined DNA Index System" or "CODIS" means the program operated by
129     the Federal Bureau of Investigation to support criminal justice DNA databases and the software
130     used to run the databases.
131          [(3)] (4) "Conviction" means:
132          (a) a verdict or conviction;
133          (b) a plea of guilty or guilty with a mental condition;
134          (c) a plea of no contest; or
135          (d) the acceptance by the court of a plea in abeyance.
136          [(4)] (5) "DNA" means deoxyribonucleic acid.
137          [(5)] (6) "DNA profile" means the patterns of fragments of DNA used to identify an
138     individual.
139          [(6)] (7) "DNA specimen" or "specimen" means a biological sample collected from an
140     individual or a crime scene, or that is collected as part of an investigation.
141          [(7)] (8) "Final judgment" means a judgment, including any supporting opinion,
142     concerning which all appellate remedies have been exhausted or the time for appeal has
143     expired.
144          (9) "Minor" means the same as that term is defined in Section 80-1-102.
145          [(8)] (10) "Rapid DNA" means the fully automated process of developing a DNA
146     profile.
147          [(9)] (11) "Violent felony" means any offense under Section 76-3-203.5.
148          Section 3. Section 53-10-404 is amended to read:
149          53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.

150          (1) As used in this section, "person" [refers to any person as described under Section
151     53-10-403] means a person or minor described in Section 53-10-403.
152          (2) (a) A person under Section 53-10-403 or any person required to register as a sex
153     offender under Title 77, Chapter 41, Sex and Kidnap Offender Registry, shall provide a DNA
154     specimen and shall reimburse the agency responsible for obtaining the DNA specimen $150 for
155     the cost of obtaining the DNA specimen unless:
156          (i) the person was booked under Section 53-10-403 and is not required to reimburse the
157     agency under Section 53-10-404.5; or
158          (ii) the agency determines the person lacks the ability to pay.
159          (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
160     determining if the person is able to pay the fee.
161          (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
162     determine an inmate's ability to pay.
163          (ii) An agency's guidelines and procedures may provide for the assessment of $150 on
164     the inmate's county trust fund account and may allow a negative balance in the account until
165     the $150 is paid in full.
166          (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
167     Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
168     the fee may retain not more than $25 per individual specimen for the costs of obtaining the
169     saliva DNA specimen.
170          (ii) The agency collecting the $150 fee may not retain from each separate fee more than
171     $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
172          (b) The responsible agency shall determine the method of collecting the DNA
173     specimen. Unless the responsible agency determines there are substantial reasons for using a
174     different method of collection or the person refuses to cooperate with the collection, the
175     preferred method of collection shall be obtaining a saliva specimen.
176          (c) The responsible agency may use reasonable force, as established by its guidelines
177     and procedures, to collect the DNA sample if the person refuses to cooperate with the
178     collection.
179          (d) If the judgment places the person on probation, the person shall submit to the
180     obtaining of a DNA specimen as a condition of the probation.

181          (e) (i) Under this section a person is required to provide one DNA specimen and pay
182     the collection fee as required under this section.
183          (ii) The person shall provide an additional DNA specimen only if the DNA specimen
184     previously provided is not adequate for analysis.
185          (iii) The collection fee is not imposed for a second or subsequent DNA specimen
186     collected under this section.
187          (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
188     any outstanding amount of a fee due under this section from any person who owes any portion
189     of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
190     53-10-407.
191          (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
192     possible and transferred to the Department of Public Safety:
193          (i) after a conviction or [a finding of jurisdiction] an adjudication by the juvenile court;
194          (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
195     person for any offense under Subsection 53-10-403(1)(c); and
196          (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
197     as provided under Subsection 53-10-403(1)(d)(ii).
198          (b) On and after May 13, 2014, through December 31, 2014, the responsible agency
199     may cause a DNA specimen to be obtained and transferred to the Department of Public Safety
200     after the booking of a person for any felony offense, as provided under Subsection
201     53-10-403(1)(d)(i).
202          (c) If notified by the Department of Public Safety that a DNA specimen is not adequate
203     for analysis, the agency shall, as soon as possible:
204          (i) obtain and transmit an additional DNA specimen; or
205          (ii) request that another agency that has direct access to the person and that is
206     authorized to collect DNA specimens under this section collect the necessary second DNA
207     specimen and transmit it to the Department of Public Safety.
208          (d) Each agency that is responsible for collecting DNA specimens under this section
209     shall establish:
210          (i) a tracking procedure to record the handling and transfer of each DNA specimen it
211     obtains; and

212          (ii) a procedure to account for the management of all fees it collects under this section.
213          (5) (a) The Department of Corrections is the responsible agency whenever the person is
214     committed to the custody of or is under the supervision of the Department of Corrections.
215          [(b) The juvenile court is the responsible agency regarding a minor under Subsection
216     53-10-403(3), but if the minor has been committed to the legal custody of the Division of
217     Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
218     minor has not previously been obtained by the juvenile court under Section 80-6-608.]
219          (b) If a minor described in Subsection 53-10-403(3) is not committed to the legal
220     custody of the Division of Juvenile Justice Services upon an adjudication, the juvenile court is
221     the responsible agency regarding the collection of a DNA specimen from the minor.
222          (c) If a minor described in Subsection 53-10-403(3) is committed to the legal custody
223     of the Division of Juvenile Justice Services upon an adjudication, the Division of Juvenile
224     Justice Services is the responsible agency regarding the collection of a DNA specimen from the
225     minor.
226          [(c)] (d) The sheriff operating a county jail is the responsible agency regarding the
227     collection of DNA specimens from persons who:
228          (i) have pled guilty to or have been convicted of an offense listed under Subsection
229     53-10-403(2) but who have not been committed to the custody of or are not under the
230     supervision of the Department of Corrections;
231          (ii) are incarcerated in the county jail:
232          (A) as a condition of probation for a felony offense; or
233          (B) for a misdemeanor offense for which collection of a DNA specimen is required;
234          (iii) on and after January 1, 2011, through May 12, 2014, are booked at the county jail
235     for any offense under Subsection 53-10-403(1)(c)[.]; and
236          (iv) are booked at the county jail:
237          (A) by a law enforcement agency that is obtaining a DNA specimen for any felony
238     offense on or after May 13, 2014, through December 31, 2014, under Subsection
239     53-10-404(4)(b); or
240          (B) on or after January 1, 2015, for any felony offense.
241          [(d)] (e) Each agency required to collect a DNA specimen under this section shall:
242          (i) designate employees to obtain the saliva DNA specimens required under this

243     section; and
244          (ii) ensure that employees designated to collect the DNA specimens receive appropriate
245     training and that the specimens are obtained in accordance with generally accepted protocol.
246          (6) (a) As used in this Subsection (6), "department" means the Department of
247     Corrections.
248          (b) Priority of obtaining DNA specimens by the department is:
249          (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
250     of or under the supervision of the department before these persons are released from
251     incarceration, parole, or probation, if their release date is prior to that of persons under
252     Subsection (6)(b)(ii), but in no case later than July 1, 2004; and
253          (ii) second, the department shall obtain DNA specimens from persons who are
254     committed to the custody of the department or who are placed under the supervision of the
255     department after July 1, 2002, within 120 days after the commitment, if possible, but not later
256     than prior to release from incarceration if the person is imprisoned, or prior to the termination
257     of probation if the person is placed on probation.
258          (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
259     is:
260          (i) first, persons on probation;
261          (ii) second, persons on parole; and
262          (iii) third, incarcerated persons.
263          (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
264     priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
265     specimens from persons in the custody of or under the supervision of the Department of
266     Corrections as of July 1, 2002, prior to their release.
267          (7) (a) As used in this Subsection (7):
268          (i) "Court" means the juvenile court.
269          (ii) "Division" means the Division of Juvenile Justice Services.
270          (b) Priority of obtaining DNA specimens by the court from minors under Section
271     53-10-403 whose cases are under the jurisdiction of the court but who are not in the legal
272     custody of the division shall be:
273          (i) first, to obtain specimens from minors whose cases, as of July 1, 2002, are under the

274     court's jurisdiction, before the court's jurisdiction over the minors' cases terminates; and
275          (ii) second, to obtain specimens from minors whose cases are under the jurisdiction of
276     the court after July 1, 2002, within 120 days of the minor's case being found to be within the
277     court's jurisdiction, if possible, but no later than before the court's jurisdiction over the minor's
278     case terminates.
279          (c) Priority of obtaining DNA specimens by the division from minors under Section
280     53-10-403 who are committed to the legal custody of the division shall be:
281          (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
282     division's legal custody and who have not previously provided a DNA specimen under this
283     section, before termination of the division's legal custody of these minors; and
284          (ii) second, to obtain specimens from minors who are placed in the legal custody of the
285     division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
286     division, if possible, but no later than before the termination of the court's jurisdiction over the
287     minor's case.
288          (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
289     Justice Services, and all law enforcement agencies in the state shall by policy establish
290     procedures for obtaining saliva DNA specimens, and shall provide training for employees
291     designated to collect saliva DNA specimens.
292          (b) (i) The department may designate correctional officers, including those employed
293     by the adult probation and parole section of the department, to obtain the saliva DNA
294     specimens required under this section.
295          (ii) The department shall ensure that the designated employees receive appropriate
296     training and that the specimens are obtained in accordance with accepted protocol.
297          (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.
298          Section 4. Section 53-10-406 is amended to read:
299          53-10-406. DNA specimen analysis -- Bureau responsibilities.
300          (1) The bureau shall:
301          (a) administer and oversee the DNA specimen collection process;
302          (b) store each DNA specimen and associated records received;
303          (c) analyze each specimen, or contract with a qualified public or private laboratory to
304     analyze the specimen, to establish the genetic profile of the donor or to otherwise determine the

305     identity of the person;
306          (d) maintain a criminal identification database containing information derived from
307     DNA analysis;
308          (e) ensure that the DNA identification system does not provide information allowing
309     prediction of genetic disease or predisposition to illness;
310          (f) ensure that only DNA markers routinely used or accepted in the field of forensic
311     science are used to establish the gender and unique individual identification of the donor;
312          (g) utilize only those DNA analysis procedures that are consistent with, and do not
313     exceed, procedures established and used by the Federal Bureau of Investigation for the forensic
314     analysis of DNA;
315          (h) destroy a DNA specimen obtained under this part if criminal charges have not been
316     filed within 90 days after booking for an alleged offense under Subsection 53-10-403(2)(c);
317     and
318          (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
319     Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing DNA
320     specimens and for storing and destroying DNA specimens and associated records, and criminal
321     identification information obtained from the analysis.
322          (2) Procedures for DNA analysis may include all techniques which the department
323     determines are accurate and reliable in establishing identity.
324          (3) (a) In accordance with Section 63G-2-305, each DNA specimen and associated
325     record is classified as protected.
326          (b) The department may not transfer or disclose any DNA specimen, associated record,
327     or criminal identification information obtained, stored, or maintained under this section, except
328     under the provisions of this section.
329          (4) Notwithstanding Subsection 63G-2-202(1), the department may deny inspection if
330     the department determines that there is a reasonable likelihood that the inspection would
331     prejudice a pending criminal investigation.
332          (5) The department shall adopt procedures governing the inspection of records, DNA
333     specimens, and challenges to the accuracy of records. The procedures shall accommodate the
334     need to preserve the materials from contamination and destruction.
335          (6) A person whose DNA specimen is obtained under this part may, personally or

336     through a legal representative, submit:
337          (a) to the court a motion for a court order requiring the destruction of the person's DNA
338     specimen, associated record, and any criminal identification record created in connection with
339     that specimen, and removal of the person's DNA record from the database described in
340     Subsection (1)(d) if:
341          (i) a final judgment reverses the conviction, judgment, or order that created an
342     obligation to provide a DNA specimen; or
343          (ii) all charges arising from the same criminal episode for which the DNA specimen
344     was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of
345     dismissal with prejudice or acquittal; or
346          (b) to the department a request for the destruction of the person's DNA specimen, and
347     associated record, and removal of the person's DNA record from the database described in
348     Subsection (1)(d) if:
349          (i) no charge arising from the same criminal episode for which the DNA specimen was
350     obtained under Subsection 53-10-404.5(1)(a) is filed against the person within one year after
351     the day on which the person is booked; or
352          (ii) all charges arising from the same criminal episode for which the DNA specimen
353     was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of
354     dismissal with prejudice or acquittal.
355          (7) A court order issued under Subsection (6)(a) may be accompanied by a written
356     notice to the person advising that state law provides for expungement of criminal charges if the
357     charge is resolved by a final judgment of dismissal or acquittal.
358          (8) The department shall destroy the person's DNA specimen, and associated record,
359     and remove the person's DNA record from the database described in Subsection (1)(d), if:
360          (a) the person provides the department with:
361          (i) a court order for destruction described in Subsection (6)(a), and a certified copy of:
362          (A) the court order reversing the conviction, judgment, or order;
363          (B) a court order to set aside the conviction; or
364          (C) the dismissal or acquittal of the charge regarding which the person was arrested; or
365          (ii) a written request for destruction of the DNA specimen, and associated record, and
366     removal of the DNA record from the database described in Subsection (6)(b), and a certified

367     copy of:
368          (A) a declination to prosecute from the prosecutor; or
369          (B) a court document that indicates all charges have been resolved by a final judgment
370     of dismissal with prejudice or acquittal; and
371          (b) the department determines that the person is not obligated to submit a DNA
372     specimen as a result of a separate conviction or [juvenile] adjudication for an offense listed in
373     Subsection 53-10-403(2).
374          (9) The department may not destroy a person's DNA specimen or remove a person's
375     DNA record from the database described in Subsection (1)(d) if the person has a prior
376     conviction or a pending charge for which collection of a sample is authorized in accordance
377     with Section 53-10-404.
378          (10) A DNA specimen, associated record, or criminal identification record created in
379     connection with that specimen may not be affected by an order to set aside a conviction, except
380     under the provisions of this section.
381          (11) If funding is not available for analysis of any of the DNA specimens collected
382     under this part, the bureau shall store the collected specimens until funding is made available
383     for analysis through state or federal funds.
384          (12) (a) (i) A person who, due to the person's employment or authority, has possession
385     of or access to individually identifiable DNA information contained in the state criminal
386     identification database or the state DNA specimen repository may not willfully disclose the
387     information in any manner to any individual, agency, or entity that is not entitled under this
388     part to receive the information.
389          (ii) A person may not willfully obtain individually identifiable DNA information from
390     the state criminal identification database or the state DNA repository other than as authorized
391     by this part.
392          (iii) A person may not willfully analyze a DNA specimen for any purpose, or to obtain
393     any information other than as required under this part.
394          (iv) A person may not willfully fail to destroy or fail to ensure the destruction of a
395     DNA specimen when destruction is required by this part or by court order.
396          (b) (i) A person who violates Subsection (12)(a)(i), (ii), or (iii) is guilty of a third
397     degree felony.

398          (ii) A person who violates Subsection (12)(a)(iv) is guilty of a class B misdemeanor.
399          Section 5. Section 78A-6-353 is amended to read:
400          78A-6-353. Contempt -- Penalty -- Enforcement of fine, fee, or restitution.
401          (1) An individual who willfully violates or refuses to obey any order of the juvenile
402     court may be proceeded against for contempt of court.
403          (2) If a juvenile court finds an individual who is 18 years old or older in contempt of
404     court, the juvenile court may impose sanctions on the individual in accordance with Title 78B,
405     Chapter 6, Part 3, Contempt.
406          (3) [(a)] Except as otherwise provided in [this Subsection (3)] Subsection (4), if a
407     juvenile court finds a child in contempt of court, the juvenile court may:
408          [(i)] (a) place the child on probation in accordance with Section 80-6-702;
409          [(ii)] (b) order the child to detention, or an alternative to detention, in accordance with
410     Section 80-6-704; or
411          [(iii)] (c) require the child to pay a fine or fee in accordance with Section 80-6-709.
412          [(b)] (4) (a) The juvenile court may only order a child to secure detention under
413     Subsection [(3)(a)(ii)] (3)(b) for no longer than 72 hours, excluding weekends and legal
414     holidays.
415          [(c)] (b) The juvenile court may not suspend all or part of an order to secure detention
416     upon compliance with conditions imposed by the juvenile court.
417          [(d)] (c) The juvenile court may not enforce a disposition under Subsection [(3)(a)(iii)]
418     (3)(c) through an order for detention, a community-based program, or secure care.
419          [(4)] (5) On the sole basis of a child's absence from placement, a juvenile court may
420     not hold a child in contempt under this section if the child:
421          (a) is in the legal custody of the Division of Child and Family Services; and
422          (b) is missing, has been abducted, or has run away.
423          Section 6. Section 80-1-102 is amended to read:
424          80-1-102. Juvenile Code definitions.
425          Except as provided in Section 80-6-1103, as used in this title:
426          (1) (a) "Abuse" means:
427          (i) (A) nonaccidental harm of a child;
428          (B) threatened harm of a child;

429          (C) sexual exploitation;
430          (D) sexual abuse; or
431          (E) human trafficking of a child in violation of Section 76-5-308.5; or
432          (ii) that a child's natural parent:
433          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
434     child;
435          (B) is identified by a law enforcement agency as the primary suspect in an investigation
436     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
437          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
438     recklessly causing the death of another parent of the child.
439          (b) "Abuse" does not include:
440          (i) reasonable discipline or management of a child, including withholding privileges;
441          (ii) conduct described in Section 76-2-401; or
442          (iii) the use of reasonable and necessary physical restraint or force on a child:
443          (A) in self-defense;
444          (B) in defense of others;
445          (C) to protect the child; or
446          (D) to remove a weapon in the possession of a child for any of the reasons described in
447     Subsections (1)(b)(iii)(A) through (C).
448          (2) "Abused child" means a child who has been subjected to abuse.
449          [(3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
450     facts alleged in the petition have been proved.]
451          [(b) "Adjudication" does not mean a finding of not competent to proceed in accordance
452     with Section 80-6-402.]
453          (3) (a) "Adjudication" means, except as provided in Subsection (3)(b):
454          (i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:
455          (A) a finding by the juvenile court that the facts alleged in a delinquency petition or
456     criminal information alleging that a minor committed an offense have been proved;
457          (B) an admission by a minor in the juvenile court as described in Section 80-6-306; or
458          (C) a plea of no contest by minor in the juvenile court; or
459          (ii) for all other proceedings under this title, a finding by the juvenile court that the

460     facts alleged in the petition have been proved.
461          (b) "Adjudication" does not include:
462          (i) an admission by a minor described in Section 80-6-306 until the juvenile court
463     enters the minor's admission; or
464          (ii) a finding of not competent to proceed in accordance with Section 80-6-402.
465          (4) (a) "Adult" means an individual who is 18 years old or older.
466          (b) "Adult" does not include an individual:
467          (i) who is 18 years old or older; and
468          (ii) who is a minor.
469          (5) "Attorney guardian ad litem" means the same as that term is defined in Section
470     78A-2-801.
471          (6) "Board" means the Board of Juvenile Court Judges.
472          (7) "Child" means, except as provided in Section 80-2-905, an individual who is under
473     18 years old.
474          (8) "Child and family plan" means a written agreement between a child's parents or
475     guardian and the Division of Child and Family Services as described in Section 80-3-307.
476          (9) "Child placing" means the same as that term is defined in Section 26B-2-101.
477          (10) "Child-placing agency" means the same as that term is defined in Section
478     26B-2-101.
479          (11) "Child protection team" means a team consisting of:
480          (a) the child welfare caseworker assigned to the case;
481          (b) if applicable, the child welfare caseworker who made the decision to remove the
482     child;
483          (c) a representative of the school or school district where the child attends school;
484          (d) if applicable, the law enforcement officer who removed the child from the home;
485          (e) a representative of the appropriate Children's Justice Center, if one is established
486     within the county where the child resides;
487          (f) if appropriate, and known to the division, a therapist or counselor who is familiar
488     with the child's circumstances;
489          (g) if appropriate, a representative of law enforcement selected by the chief of police or
490     sheriff in the city or county where the child resides; and

491          (h) any other individuals determined appropriate and necessary by the team coordinator
492     and chair.
493          (12) (a) "Chronic abuse" means repeated or patterned abuse.
494          (b) "Chronic abuse" does not mean an isolated incident of abuse.
495          (13) (a) "Chronic neglect" means repeated or patterned neglect.
496          (b) "Chronic neglect" does not mean an isolated incident of neglect.
497          (14) "Clandestine laboratory operation" means the same as that term is defined in
498     Section 58-37d-3.
499          (15) "Commit" or "committed" means, unless specified otherwise:
500          (a) with respect to a child, to transfer legal custody; and
501          (b) with respect to a minor who is at least 18 years old, to transfer custody.
502          (16) "Community-based program" means a nonsecure residential or nonresidential
503     program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
504     restrictive setting, consistent with public safety, and operated by or under contract with the
505     Division of Juvenile Justice and Youth Services.
506          (17) "Community placement" means placement of a minor in a community-based
507     program described in Section 80-5-402.
508          (18) "Correctional facility" means:
509          (a) a county jail; or
510          (b) a secure correctional facility as defined in Section 64-13-1.
511          (19) "Criminogenic risk factors" means evidence-based factors that are associated with
512     a minor's likelihood of reoffending.
513          (20) "Department" means the Department of Health and Human Services created in
514     Section 26B-1-201.
515          (21) "Dependent child" or "dependency" means a child who is without proper care
516     through no fault of the child's parent, guardian, or custodian.
517          (22) "Deprivation of custody" means transfer of legal custody by the juvenile court
518     from a parent or a previous custodian to another person, agency, or institution.
519          (23) "Detention" means home detention or secure detention.
520          (24) "Detention facility" means a facility, established by the Division of Juvenile
521     Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention.

522          (25) "Detention risk assessment tool" means an evidence-based tool established under
523     Section 80-5-203 that:
524          (a) assesses a minor's risk of failing to appear in court or reoffending before
525     adjudication; and
526          (b) is designed to assist in making a determination of whether a minor shall be held in
527     detention.
528          (26) "Developmental immaturity" means incomplete development in one or more
529     domains that manifests as a functional limitation in the minor's present ability to:
530          (a) consult with counsel with a reasonable degree of rational understanding; and
531          (b) have a rational as well as factual understanding of the proceedings.
532          (27) "Disposition" means an order by a juvenile court, after the adjudication of a
533     minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
534          (28) "Educational neglect" means that, after receiving a notice of compulsory education
535     violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
536     ensure that the child receives an appropriate education.
537          (29) "Educational series" means an evidence-based instructional series:
538          (a) obtained at a substance abuse program that is approved by the Division of
539     Integrated Healthcare in accordance with Section 26B-5-104; and
540          (b) designed to prevent substance use or the onset of a mental health disorder.
541          (30) "Emancipated" means the same as that term is defined in Section 80-7-102.
542          (31) "Evidence-based" means a program or practice that has had multiple randomized
543     control studies or a meta-analysis demonstrating that the program or practice is effective for a
544     specific population or has been rated as effective by a standardized program evaluation tool.
545          (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
546          (33) "Formal probation" means a minor is:
547          (a) supervised in the community by, and reports to, a juvenile probation officer or an
548     agency designated by the juvenile court; and
549          (b) subject to return to the juvenile court in accordance with Section 80-6-607.
550          (34) "Group rehabilitation therapy" means psychological and social counseling of one
551     or more individuals in the group, depending upon the recommendation of the therapist.
552          (35) "Guardian" means a person appointed by a court to make decisions regarding a

553     minor, including the authority to consent to:
554          (a) marriage;
555          (b) enlistment in the armed forces;
556          (c) major medical, surgical, or psychiatric treatment; or
557          (d) legal custody, if legal custody is not vested in another individual, agency, or
558     institution.
559          (36) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
560          (37) "Harm" means:
561          (a) physical or developmental injury or damage;
562          (b) emotional damage that results in a serious impairment in the child's growth,
563     development, behavior, or psychological functioning;
564          (c) sexual abuse; or
565          (d) sexual exploitation.
566          (38) "Home detention" means placement of a minor:
567          (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
568     consent of the minor's parent, guardian, or custodian, under terms and conditions established by
569     the Division of Juvenile Justice and Youth Services or the juvenile court; or
570          (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
571     minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
572     custodian, under terms and conditions established by the Division of Juvenile Justice and
573     Youth Services or the juvenile court.
574          (39) (a) "Incest" means engaging in sexual intercourse with an individual whom the
575     perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
576     nephew, niece, or first cousin.
577          (b) "Incest" includes:
578          (i) blood relationships of the whole or half blood, regardless of whether the
579     relationship is legally recognized;
580          (ii) relationships of parent and child by adoption; and
581          (iii) relationships of stepparent and stepchild while the marriage creating the
582     relationship of a stepparent and stepchild exists.
583          (40) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.

584          (41) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
585          (42) "Indigent defense service provider" means the same as that term is defined in
586     Section 78B-22-102.
587          (43) "Indigent defense services" means the same as that term is defined in Section
588     78B-22-102.
589          (44) "Indigent individual" means the same as that term is defined in Section
590     78B-22-102.
591          (45) (a) "Intake probation" means a minor is:
592          (i) monitored by a juvenile probation officer; and
593          (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
594          (b) "Intake probation" does not include formal probation.
595          (46) "Intellectual disability" means a significant subaverage general intellectual
596     functioning existing concurrently with deficits in adaptive behavior that constitutes a
597     substantial limitation to the individual's ability to function in society.
598          (47) "Juvenile offender" means:
599          (a) a serious youth offender; or
600          (b) a youth offender.
601          (48) "Juvenile probation officer" means a probation officer appointed under Section
602     78A-6-205.
603          (49) "Juvenile receiving center" means a nonsecure, nonresidential program established
604     by the Division of Juvenile Justice and Youth Services, or under contract with the Division of
605     Juvenile Justice and Youth Services, that is responsible for minors taken into temporary
606     custody under Section 80-6-201.
607          (50) "Legal custody" means a relationship embodying:
608          (a) the right to physical custody of the minor;
609          (b) the right and duty to protect, train, and discipline the minor;
610          (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
611     medical care;
612          (d) the right to determine where and with whom the minor shall live; and
613          (e) the right, in an emergency, to authorize surgery or other extraordinary care.
614          (51) "Licensing Information System" means the Licensing Information System

615     maintained by the Division of Child and Family Services under Section 80-2-1002.
616          (52) "Management Information System" means the Management Information System
617     developed by the Division of Child and Family Services under Section 80-2-1001.
618          (53) "Mental illness" means:
619          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
620     behavioral, or related functioning; or
621          (b) the same as that term is defined in:
622          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
623     published by the American Psychiatric Association; or
624          (ii) the current edition of the International Statistical Classification of Diseases and
625     Related Health Problems.
626          (54) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
627          (a) a child; or
628          (b) an individual:
629          (i) (A) who is at least 18 years old and younger than 21 years old; and
630          (B) for whom the Division of Child and Family Services has been specifically ordered
631     by the juvenile court to provide services because the individual was an abused, neglected, or
632     dependent child or because the individual was adjudicated for an offense;
633          (ii) (A) who is at least 18 years old and younger than 25 years old; and
634          (B) whose case is under the jurisdiction of the juvenile court in accordance with
635     Subsection 78A-6-103(1)(b); or
636          (iii) (A) who is at least 18 years old and younger than 21 years old; and
637          (B) whose case is under the jurisdiction of the juvenile court in accordance with
638     Subsection 78A-6-103(1)(c).
639          (55) "Mobile crisis outreach team" means the same as that term is defined in Section
640     26B-5-101.
641          (56) "Molestation" means that an individual, with the intent to arouse or gratify the
642     sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
643     or the breast of a female child, or takes indecent liberties with a child as defined in Section
644     76-5-401.1.
645          (57) (a) "Natural parent" means, except as provided in Section 80-3-302, a minor's

646     biological or adoptive parent.
647          (b) "Natural parent" includes the minor's noncustodial parent.
648          (58) (a) "Neglect" means action or inaction causing:
649          (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
650     Relinquishment of a Newborn Child;
651          (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
652     guardian, or custodian;
653          (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
654     subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
655     well-being;
656          (iv) a child to be at risk of being neglected or abused because another child in the same
657     home is neglected or abused;
658          (v) abandonment of a child through an unregulated child custody transfer under Section
659     78B-24-203; or
660          (vi) educational neglect.
661          (b) "Neglect" does not include:
662          (i) a parent or guardian legitimately practicing religious beliefs and who, for that
663     reason, does not provide specified medical treatment for a child;
664          (ii) a health care decision made for a child by the child's parent or guardian, unless the
665     state or other party to a proceeding shows, by clear and convincing evidence, that the health
666     care decision is not reasonable and informed;
667          (iii) a parent or guardian exercising the right described in Section 80-3-304; or
668          (iv) permitting a child, whose basic needs are met and who is of sufficient age and
669     maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
670     including:
671          (A) traveling to and from school, including by walking, running, or bicycling;
672          (B) traveling to and from nearby commercial or recreational facilities;
673          (C) engaging in outdoor play;
674          (D) remaining in a vehicle unattended, except under the conditions described in
675     Subsection 76-10-2202(2);
676          (E) remaining at home unattended; or

677          (F) engaging in a similar independent activity.
678          (59) "Neglected child" means a child who has been subjected to neglect.
679          (60) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
680     probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the
681     consent in writing of:
682          (a) the assigned juvenile probation officer; and
683          (b) (i) the minor; or
684          (ii) the minor and the minor's parent, guardian, or custodian.
685          (61) "Not competent to proceed" means that a minor, due to a mental illness,
686     intellectual disability or related condition, or developmental immaturity, lacks the ability to:
687          (a) understand the nature of the proceedings against the minor or of the potential
688     disposition for the offense charged; or
689          (b) consult with counsel and participate in the proceedings against the minor with a
690     reasonable degree of rational understanding.
691          (62) "Parole" means a conditional release of a juvenile offender from residency in
692     secure care to live outside of secure care under the supervision of the Division of Juvenile
693     Justice and Youth Services, or another person designated by the Division of Juvenile Justice
694     and Youth Services.
695          (63) "Physical abuse" means abuse that results in physical injury or damage to a child.
696          (64) (a) "Probation" means a legal status created by court order, following an
697     adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's
698     home under prescribed conditions.
699          (b) "Probation" includes intake probation or formal probation.
700          (65) "Prosecuting attorney" means:
701          (a) the attorney general and any assistant attorney general;
702          (b) any district attorney or deputy district attorney;
703          (c) any county attorney or assistant county attorney; and
704          (d) any other attorney authorized to commence an action on behalf of the state.
705          (66) "Protective custody" means the shelter of a child by the Division of Child and
706     Family Services from the time the child is removed from the home until the earlier of:
707          (a) the day on which the shelter hearing is held under Section 80-3-301; or

708          (b) the day on which the child is returned home.
709          (67) "Protective services" means expedited services that are provided:
710          (a) in response to evidence of neglect, abuse, or dependency of a child;
711          (b) to a cohabitant who is neglecting or abusing a child, in order to:
712          (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
713     causes of neglect or abuse; and
714          (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
715          (c) in cases where the child's welfare is endangered:
716          (i) to bring the situation to the attention of the appropriate juvenile court and law
717     enforcement agency;
718          (ii) to cause a protective order to be issued for the protection of the child, when
719     appropriate; and
720          (iii) to protect the child from the circumstances that endanger the child's welfare
721     including, when appropriate:
722          (A) removal from the child's home;
723          (B) placement in substitute care; and
724          (C) petitioning the court for termination of parental rights.
725          (68) "Protective supervision" means a legal status created by court order, following an
726     adjudication on the ground of abuse, neglect, or dependency, whereby:
727          (a) the minor is permitted to remain in the minor's home; and
728          (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
729     by an agency designated by the juvenile court.
730          (69) (a) "Related condition" means a condition that:
731          (i) is found to be closely related to intellectual disability;
732          (ii) results in impairment of general intellectual functioning or adaptive behavior
733     similar to that of an intellectually disabled individual;
734          (iii) is likely to continue indefinitely; and
735          (iv) constitutes a substantial limitation to the individual's ability to function in society.
736          (b) "Related condition" does not include mental illness, psychiatric impairment, or
737     serious emotional or behavioral disturbance.
738          (70) (a) "Residual parental rights and duties" means the rights and duties remaining

739     with a parent after legal custody or guardianship, or both, have been vested in another person or
740     agency, including:
741          (i) the responsibility for support;
742          (ii) the right to consent to adoption;
743          (iii) the right to determine the child's religious affiliation; and
744          (iv) the right to reasonable parent-time unless restricted by the court.
745          (b) If no guardian has been appointed, "residual parental rights and duties" includes the
746     right to consent to:
747          (i) marriage;
748          (ii) enlistment; and
749          (iii) major medical, surgical, or psychiatric treatment.
750          (71) "Runaway" means a child, other than an emancipated child, who willfully leaves
751     the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
752     without permission.
753          (72) "Secure care" means placement of a minor, who is committed to the Division of
754     Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
755     contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
756     supervision and confinement of the minor.
757          (73) "Secure care facility" means a facility, established in accordance with Section
758     80-5-503, for juvenile offenders in secure care.
759          (74) "Secure detention" means temporary care of a minor who requires secure custody
760     in a physically restricting facility operated by, or under contract with, the Division of Juvenile
761     Justice and Youth Services:
762          (a) before disposition of an offense that is alleged to have been committed by the
763     minor; or
764          (b) under Section 80-6-704.
765          (75) "Serious youth offender" means an individual who:
766          (a) is at least 14 years old, but under 25 years old;
767          (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
768     of the juvenile court was extended over the individual's case until the individual was 25 years
769     old in accordance with Section 80-6-605; and

770          (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
771     Services for secure care under Sections 80-6-703 and 80-6-705.
772          (76) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
773     child.
774          (77) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
775     child.
776          (78) (a) "Severe type of child abuse or neglect" means, except as provided in
777     Subsection (78)(b):
778          (i) if committed by an individual who is 18 years old or older:
779          (A) chronic abuse;
780          (B) severe abuse;
781          (C) sexual abuse;
782          (D) sexual exploitation;
783          (E) abandonment;
784          (F) chronic neglect; or
785          (G) severe neglect; or
786          (ii) if committed by an individual who is under 18 years old:
787          (A) causing serious physical injury, as defined in Subsection 76-5-109(1), to another
788     child that indicates a significant risk to other children; or
789          (B) sexual behavior with or upon another child that indicates a significant risk to other
790     children.
791          (b) "Severe type of child abuse or neglect" does not include:
792          (i) the use of reasonable and necessary physical restraint by an educator in accordance
793     with Subsection 53G-8-302(2) or Section 76-2-401;
794          (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
795     use of reasonable and necessary physical restraint or force in self-defense or otherwise
796     appropriate to the circumstances to obtain possession of a weapon or other dangerous object in
797     the possession or under the control of a child or to protect the child or another individual from
798     physical injury; or
799          (iii) a health care decision made for a child by a child's parent or guardian, unless,
800     subject to Subsection (78)(c), the state or other party to the proceeding shows, by clear and

801     convincing evidence, that the health care decision is not reasonable and informed.
802          (c) Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the
803     right to obtain a second health care opinion.
804          (79) "Sexual abuse" means:
805          (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
806     adult directed towards a child;
807          (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
808     committed by a child towards another child if:
809          (i) there is an indication of force or coercion;
810          (ii) the children are related, as described in Subsection (39), including siblings by
811     marriage while the marriage exists or by adoption;
812          (iii) there have been repeated incidents of sexual contact between the two children,
813     unless the children are 14 years old or older; or
814          (iv) there is a disparity in chronological age of four or more years between the two
815     children;
816          (c) engaging in any conduct with a child that would constitute an offense under any of
817     the following, regardless of whether the individual who engages in the conduct is actually
818     charged with, or convicted of, the offense:
819          (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
820     alleged perpetrator of an offense described in Section 76-5-401 is a minor;
821          (ii) child bigamy, Section 76-7-101.5;
822          (iii) incest, Section 76-7-102;
823          (iv) lewdness, Section 76-9-702;
824          (v) sexual battery, Section 76-9-702.1;
825          (vi) lewdness involving a child, Section 76-9-702.5; or
826          (vii) voyeurism, Section 76-9-702.7; or
827          (d) subjecting a child to participate in or threatening to subject a child to participate in
828     a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
829     marriage.
830          (80) "Sexual exploitation" means knowingly:
831          (a) employing, using, persuading, inducing, enticing, or coercing any child to:

832          (i) pose in the nude for the purpose of sexual arousal of any individual; or
833          (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
834     filming, recording, or displaying in any way the sexual or simulated sexual conduct;
835          (b) displaying, distributing, possessing for the purpose of distribution, or selling
836     material depicting a child:
837          (i) in the nude, for the purpose of sexual arousal of any individual; or
838          (ii) engaging in sexual or simulated sexual conduct; or
839          (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
840     sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual exploitation of a
841     minor, regardless of whether the individual who engages in the conduct is actually charged
842     with, or convicted of, the offense.
843          (81) "Shelter" means the temporary care of a child in a physically unrestricted facility
844     pending a disposition or transfer to another jurisdiction.
845          (82) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
846          (83) "Significant risk" means a risk of harm that is determined to be significant in
847     accordance with risk assessment tools and rules established by the Division of Child and
848     Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
849     Act, that focus on:
850          (a) age;
851          (b) social factors;
852          (c) emotional factors;
853          (d) sexual factors;
854          (e) intellectual factors;
855          (f) family risk factors; and
856          (g) other related considerations.
857          (84) "Single criminal episode" means the same as that term is defined in Section
858     76-1-401.
859          (85) "Status offense" means an offense that would not be an offense but for the age of
860     the offender.
861          (86) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
862     excessive use of alcohol or other drugs or substances.

863          (87) "Substantiated" or "substantiation" means a judicial finding based on a
864     preponderance of the evidence, and separate consideration of each allegation made or identified
865     in the case, that abuse, neglect, or dependency occurred.
866          (88) "Substitute care" means:
867          (a) the placement of a minor in a family home, group care facility, or other placement
868     outside the minor's own home, either at the request of a parent or other responsible relative, or
869     upon court order, when it is determined that continuation of care in the minor's own home
870     would be contrary to the minor's welfare;
871          (b) services provided for a minor in the protective custody of the Division of Child and
872     Family Services, or a minor in the temporary custody or custody of the Division of Child and
873     Family Services, as those terms are defined in Section 80-2-102; or
874          (c) the licensing and supervision of a substitute care facility.
875          (89) "Supported" means a finding by the Division of Child and Family Services based
876     on the evidence available at the completion of an investigation, and separate consideration of
877     each allegation made or identified during the investigation, that there is a reasonable basis to
878     conclude that abuse, neglect, or dependency occurred.
879          (90) "Termination of parental rights" means the permanent elimination of all parental
880     rights and duties, including residual parental rights and duties, by court order.
881          (91) "Therapist" means:
882          (a) an individual employed by a state division or agency for the purpose of conducting
883     psychological treatment and counseling of a minor in the division's or agency's custody; or
884          (b) any other individual licensed or approved by the state for the purpose of conducting
885     psychological treatment and counseling.
886          (92) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
887     that the child is at an unreasonable risk of harm or neglect.
888          (93) "Ungovernable" means a child in conflict with a parent or guardian, and the
889     conflict:
890          (a) results in behavior that is beyond the control or ability of the child, or the parent or
891     guardian, to manage effectively;
892          (b) poses a threat to the safety or well-being of the child, the child's family, or others;
893     or

894          (c) results in the situations described in Subsections (93)(a) and (b).
895          (94) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
896     conclude that abuse, neglect, or dependency occurred.
897          (95) "Unsupported" means a finding by the Division of Child and Family Services at
898     the completion of an investigation, after the day on which the Division of Child and Family
899     Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is
900     insufficient evidence to conclude that abuse, neglect, or dependency occurred.
901          (96) "Validated risk and needs assessment" means an evidence-based tool that assesses
902     a minor's risk of reoffending and a minor's criminogenic needs.
903          (97) "Without merit" means a finding at the completion of an investigation by the
904     Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or
905     dependency did not occur, or that the alleged perpetrator was not responsible for the abuse,
906     neglect, or dependency.
907          (98) "Youth offender" means an individual who is:
908          (a) at least 12 years old, but under 21 years old; and
909          (b) committed by the juvenile court to the Division of Juvenile Justice and Youth
910     Services for secure care under Sections 80-6-703 and 80-6-705.
911          Section 7. Section 80-5-202 is amended to read:
912          80-5-202. Division rulemaking authority -- Reports on sexual assault.
913          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
914     division shall make rules to:
915          (a) establish standards for the admission of a minor to detention;
916          (b) describe good behavior for which credit may be earned under Subsection
917     [80-6-704(4)] 80-6-704(5);
918          (c) establish a formula, in consultation with the Office of the Legislative Fiscal
919     Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah,
920     Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders
921     with the division;
922          (d) establish policies and procedures regarding sexual assaults that occur in detention
923     and secure care facilities; and
924          (e) establish the qualifications and conditions for services provided by the division

925     under Section 80-6-809.
926          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
927     division may make rules:
928          (a) that govern the operation of prevention and early intervention programs, youth
929     service programs, juvenile receiving centers, and other programs described in Section
930     80-5-401; and
931          (b) that govern the operation of detention and secure care facilities.
932          (3) A rule made by the division under Subsection (1)(a):
933          (a) may not permit secure detention based solely on the existence of multiple status
934     offenses, misdemeanors, or infractions arising out of a single criminal episode; and
935          (b) shall prioritize use of home detention for a minor who might otherwise be held in
936     secure detention.
937          (4) The rules described in Subsection (1)(d) shall:
938          (a) require education and training, including:
939          (i) providing to minors detained in secure care and detention facilities, at intake and
940     periodically, easy-to-understand information, which is developed and approved by the division,
941     on sexual assault prevention, treatment, reporting, and counseling in consultation with
942     community groups with expertise in sexual assault prevention, treatment, reporting, and
943     counseling; and
944          (ii) providing training specific to sexual assault to division mental health professionals
945     and all division employees who have direct contact with minors regarding treatment and
946     methods of prevention and investigation;
947          (b) require reporting of any incident of sexual assault, including:
948          (i) ensuring the confidentiality of sexual assault reports from minors and the protection
949     of minors who report sexual assault; and
950          (ii) prohibiting retaliation and disincentives for reporting sexual assault;
951          (c) require safety and care for minors who report sexual assault, including:
952          (i) providing, in situations in which there is reason to believe that a sexual assault has
953     occurred, reasonable and appropriate measures to ensure the minor's safety by separating the
954     minor from the minor's assailant, if known;
955          (ii) providing acute trauma care for minors who report sexual assault, including

956     treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted
957     infections;
958          (iii) providing confidential mental health counseling for minors who report sexual
959     assault, including:
960          (A) access to outside community groups or victim advocates that have expertise in
961     sexual assault counseling; and
962          (B) enabling confidential communication between minors and community groups and
963     victim advocates; and
964          (iv) monitoring minors who report sexual assault for suicidal impulses, post-traumatic
965     stress disorder, depression, and other mental health consequences resulting from the sexual
966     assault;
967          (d) require staff reporting of sexual assault and staff discipline for failure to report or
968     for violating sexual assault policies, including:
969          (i) requiring all division employees to report any knowledge, suspicion, or information
970     regarding an incident of sexual assault to the director or the director's designee;
971          (ii) requiring disciplinary action for a division employee who fails to report as required;
972     and
973          (iii) requiring division employees to be subject to disciplinary sanctions up to and
974     including termination for violating agency sexual assault policies, with termination the
975     presumptive disciplinary sanction for division employees who have engaged in sexual assault,
976     consistent with constitutional due process protections and state personnel laws and rules;
977          (e) require that any report of an incident of sexual assault be referred to the Division of
978     Child and Family Services or a law enforcement agency with jurisdiction over the detention or
979     secure care facility in which the alleged sexual assault occurred; and
980          (f) require data collection and reporting of all incidents of sexual assault from each
981     detention and secure care facility.
982          (5) The division shall annually report the data described in Section (4)(f) to the Law
983     Enforcement and Criminal Justice Interim Committee.
984          Section 8. Section 80-5-304 is enacted to read:
985          80-5-304. Income and finances for minors in the custody of the division.
986          (1) If a minor is committed to the custody of the division, the division may establish:

987          (a) an account for the minor that is administered by the division; or
988          (b) a joint account for the minor and the division at a federally insured financial
989     institution.
990          (2) The division may:
991          (a) collect funds earned or received by a minor; and
992          (b) place the funds earned or received by the minor into an account described in
993     Subsection (1).
994          (3) The division may:
995          (a) only use funds placed in an account described in Subsection (1) for the minor,
996     including using the funds to pay restitution, reparations, fines, alimony, support payments, cost
997     of care, or similar court-ordered payments owed by the minor; and
998          (b) provide the minor with any funds remaining in an account described in Subsection
999     (1) upon the minor's transition and termination from the custody of the division.
1000          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1001     division shall make rules to establish the administration of accounts and finances for minors in
1002     the custody of the division.
1003          Section 9. Section 80-6-205 is amended to read:
1004          80-6-205. Admission to detention -- Alternative to detention -- Rights of a minor
1005     in detention.
1006          (1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff
1007     member of the detention facility shall immediately review the form and determine, based on
1008     the results of the detention risk assessment tool and Subsection (2), whether to:
1009          (a) admit the minor to secure detention;
1010          (b) admit the minor to home detention;
1011          (c) place the minor in [another] an alternative to detention, except that the staff
1012     member may not place the minor in a correctional facility that is intended to hold adults
1013     accused or convicted of offenses as an alternative to detention; or
1014          (d) if the minor is a child, return the minor home upon a written promise by the minor's
1015     parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without
1016     restriction.
1017          (2) [A minor may not be admitted to detention] The designated staff member may not

1018     admit a minor to detention under Subsection (1) unless:
1019          (a) the minor is detainable based on the detention guidelines; or
1020          (b) the minor has been brought to detention in accordance with:
1021          (i) a court order;
1022          (ii) a warrant [in accordance with] described in Section 80-6-202; or
1023          (iii) a division warrant [in accordance with] described in Section 80-6-806.
1024          (3) If the designated staff member determines to admit a minor to home detention, the
1025     staff member shall notify the juvenile court of that determination.
1026          (4) Even if a minor is eligible for secure detention, a peace officer or other person who
1027     takes a minor to a detention facility, or the designated staff member of the detention facility,
1028     may release a minor to a less restrictive alternative than secure detention.
1029          (5) (a) If a minor taken to a detention facility does not qualify for admission under
1030     detention guidelines or this section, a designated staff member of the detention facility shall
1031     arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or
1032     a shelter facility.
1033          (b) (i) Except as otherwise provided by this section, a minor may not be placed or kept
1034     in secure detention while court proceedings are pending.
1035          (ii) A child may not be placed or kept in a shelter facility while court proceedings are
1036     pending, unless the child is in protective custody in accordance with Chapter 3, Abuse,
1037     Neglect, and Dependency Proceedings.
1038          (6) If a minor is taken into temporary custody and admitted to a secure detention, or
1039     another alternative to detention, a designated staff member of the detention facility shall:
1040          (a) immediately notify the minor's parent, guardian, or custodian; and
1041          (b) promptly notify the juvenile court of the placement.
1042          (7) If a minor is admitted to secure detention, or another alternative to detention,
1043     outside the county of the minor's residence and a juvenile court determines, in a detention
1044     hearing, that secure detention, or an alternative to detention, of the minor shall continue, the
1045     juvenile court shall direct the sheriff of the county of the minor's residence to transport the
1046     minor to secure detention or another alternative to detention in that county.
1047          (8) (a) Subject to Subsection (8)(b), a minor admitted to detention has a right to:
1048          (i) phone the minor's parent, guardian, or attorney immediately after the minor is

1049     admitted to detention; and
1050          (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or
1051     custodian.
1052          (b) The division may:
1053          (i) establish a schedule for which a minor in detention may visit or phone a person
1054     described in Subsection (8)(a);
1055          (ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in
1056     special circumstances;
1057          (iii) limit the number and length of calls and visits for a minor in detention to persons
1058     described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints; or
1059          (iv) limit the minor's rights [under] described in Subsection (8)(a) if a compelling
1060     reason exists to limit the minor's rights.
1061          (c) A minor admitted to detention shall be immediately advised of the minor's rights
1062     described in this Subsection (8).
1063          Section 10. Section 80-6-608 is amended to read:
1064          80-6-608. When photographs, fingerprints, or HIV infection tests may be taken --
1065     Distribution -- DNA collection -- Reimbursement.
1066          (1) The division shall take a photograph and fingerprints of a minor who is:
1067          (a) 14 years old or older at the time of the alleged commission of an offense that would
1068     be a felony if the minor were 18 years old or older; and
1069          (b) admitted to a detention facility for the alleged commission of the offense.
1070          (2) The juvenile court shall order a minor who is 14 years old or older at the time that
1071     the minor is alleged to have committed an offense described in Subsection (2)(a) or (b) to have
1072     the minor's fingerprints taken at a detention facility or a local law enforcement agency if the
1073     minor is:
1074          (a) adjudicated for an offense that would be a class A misdemeanor if the minor were
1075     18 years old or older; or
1076          (b) adjudicated for an offense that would be a felony if the minor were 18 years old or
1077     older and the minor was not admitted to a detention facility.
1078          (3) The juvenile court shall take a photograph of a minor who is:
1079          (a) 14 years old or older at the time the minor was alleged to have committed an

1080     offense that would be a felony or a class A misdemeanor if the minor were 18 years old or
1081     older; and
1082          (b) adjudicated for the offense described in Subsection (3)(a).
1083          (4) If a minor's fingerprints are taken under this section, the minor's fingerprints shall
1084     be forwarded to the Bureau of Criminal Identification and may be stored by electronic medium.
1085          (5) HIV testing shall be conducted on a minor who is taken into custody after having
1086     been adjudicated for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon
1087     the request of:
1088          (a) the victim;
1089          (b) the parent or guardian of a victim who is younger than 14 years old; or
1090          (c) the guardian of the alleged victim if the victim is a vulnerable adult as defined in
1091     Section 26B-6-201.
1092          (6) HIV testing shall be conducted on a minor against whom a petition has been filed
1093     or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5,
1094     Part 4, Sexual Offenses:
1095          (a) upon the request of:
1096          (i) the victim;
1097          (ii) the parent or guardian of a victim who is younger than 14 years old; or
1098          (iii) the guardian of the alleged victim if the victim is a vulnerable adult as defined in
1099     Section 26B-6-201; and
1100          (b) in which:
1101          (i) the juvenile court has signed an accompanying arrest warrant, pickup order, or any
1102     other order based upon probable cause regarding the alleged offense; and
1103          (ii) the juvenile court has found probable cause to believe that the alleged victim has
1104     been exposed to HIV infection as a result of the alleged offense.
1105          (7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger
1106     than 14 years old without the consent of the juvenile court.
1107          (8) (a) Photographs taken under this section may be distributed or disbursed to:
1108          (i) state and local law enforcement agencies;
1109          (ii) the judiciary; and
1110          (iii) the division.

1111          (b) Fingerprints may be distributed or disbursed to:
1112          (i) state and local law enforcement agencies;
1113          (ii) the judiciary;
1114          (iii) the division; and
1115          (iv) agencies participating in the Western Identification Network.
1116          (9) (a) A DNA specimen shall be obtained from a minor who is [under the jurisdiction
1117     of the juvenile court as described in Subsection 53-10-403(3)] adjudicated by the juvenile court
1118     as described in Subsection 53-10-403(1)(e).
1119          (b) The DNA specimen shall be obtained, in accordance with Subsection 53-10-404(4),
1120     by:
1121          (i) designated employees of the juvenile court; or
1122          (ii) if the minor is committed to the division, designated employees of the division.
1123          (c) The responsible agency under Subsection (9)(b) shall ensure that an employee
1124     designated to collect the saliva DNA specimens receives appropriate training and that the
1125     specimens are obtained in accordance with accepted protocol.
1126          (d) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the
1127     DNA Specimen Restricted Account created in Section 53-10-407.
1128          (e) Payment of the reimbursement is second in priority to payments the minor is
1129     ordered to make for restitution under Section 80-6-710 and for treatment ordered under Section
1130     80-3-403.
1131          Section 11. Section 80-6-704 is amended to read:
1132          80-6-704. Detention or alternative to detention -- Limitations.
1133          (1) (a) The juvenile court may order a minor to detention, or an alternative to detention,
1134     if the minor is adjudicated for:
1135          (i) an offense under Section 80-6-701; or
1136          (ii) contempt of court under Section 78A-6-353.
1137          (b) Except as provided in Subsection [78A-6-353(3)] 78A-6-353(4), and subject to the
1138     juvenile court retaining continuing jurisdiction over a minor's case, the juvenile court may
1139     order a minor to detention, or an alternative to detention, under Subsection [(1)] (1)(a) for a
1140     period not to exceed 30 cumulative days for an adjudication.
1141          (c) If a minor is held in detention before an adjudication, the time spent in detention

1142     before the adjudication shall be credited toward the 30 cumulative days eligible as a disposition
1143     under Subsection [(1)(a)] (1)(b).
1144          (d) If a minor spent more than 30 days in detention before a disposition [under
1145     Subsection (1)], the juvenile court may not order the minor to detention under this section.
1146          (2) An order for detention under Subsection (1) may not be suspended upon conditions
1147     ordered by the juvenile court.
1148          (3) A juvenile court may not order a minor to detention for:
1149          (a) contempt of court, except to the extent permitted under Section 78A-6-353;
1150          (b) a violation of probation;
1151          (c) failure to pay a fine, fee, restitution, or other financial obligation;
1152          (d) unfinished compensatory or community service hours;
1153          (e) an infraction; or
1154          (f) a status offense.
1155          (4) A juvenile court may not order a minor be placed in a correctional facility that is
1156     intended to hold adults accused or convicted of offenses as an alternative to detention under
1157     Subsection (1).
1158          [(4)] (5) (a) If a minor is held in detention under this section, the minor is eligible to
1159     receive credit for good behavior against the period of detention.
1160          (b) The rate of credit is one day of credit for good behavior for every three days spent
1161     in detention.
1162          [(5)] (6) (a) A minor may not be held in secure detention following a disposition by the
1163     juvenile court:
1164          (i) under Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
1165          (ii) except as provided in Subsection [(5)(b)] (6)(b), for a community-based program.
1166          (b) If a minor is awaiting placement by the division under Section 80-6-703, a minor
1167     may not be held in secure detention for longer than 72 hours, excluding weekends and
1168     holidays.
1169          (c) The period of detention under Subsection [(5)(b)] (6)(b) may be extended by the
1170     juvenile court for a cumulative total of seven calendar days if:
1171          (i) the division, or another agency responsible for placement, files a written petition
1172     with the juvenile court requesting the extension and setting forth good cause; and

1173          (ii) the juvenile court enters a written finding that it is in the best interests of both the
1174     minor and the community to extend the period of detention.
1175          (d) The juvenile court may extend the period of detention beyond the seven calendar
1176     days if the juvenile court finds, by clear and convincing evidence, that:
1177          (i) the division, or another agency responsible for placement, does not have space for
1178     the minor; and
1179          (ii) the safety of the minor and community requires an extension of the period of
1180     detention.
1181          (e) The division, or the agency with custody of the minor, shall report to the juvenile
1182     court every 48 hours, excluding weekends and holidays, regarding whether the division, or
1183     another agency responsible for placement, has space for the minor.
1184          (f) The division, or agency, requesting an extension shall promptly notify the detention
1185     facility that a written petition has been filed.
1186          (g) The juvenile court shall promptly notify the detention facility regarding the juvenile
1187     court's initial disposition and any ruling on a petition for an extension, whether granted or
1188     denied.
1189          Section 12. Section 80-6-1006.1 is amended to read:
1190          80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
1191     order -- Agency duties -- Effect of expungement -- Access to expunged record.
1192          (1) This section applies to an expungement order under Section 80-6-1004.1,
1193     80-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
1194          (2) The juvenile court may not order:
1195          (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
1196     in the possession of the Board of Pardons and Parole or the Department of Corrections, except
1197     that the juvenile court may order the Board of Pardons and Parole and the Department of
1198     Corrections to restrict access to a record if the record is specifically identified in the
1199     expungement order as a record in the possession of the Board of Pardons and Parole or the
1200     Department of Corrections; or
1201          (b) the Division of Child and Family Services to expunge a record in an individual's
1202     juvenile record that is contained in the Management Information System or the Licensing
1203     Information System unless:

1204          (i) the record is unsupported; or
1205          (ii) after notice and an opportunity to be heard, the Division of Child and Family
1206     Services stipulates in writing to expunging the record.
1207          (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
1208     copy of the expungement order to any affected agency or official identified in the juvenile
1209     record.
1210          (b) An individual who is the subject of an expungement order may deliver copies of the
1211     expungement order to all agencies and officials affected by the expungement order.
1212          (4) (a) Upon receipt of an expungement order, an agency shall:
1213          (i) to avoid destruction or expungement of records in whole or in part, expunge only
1214     the references to the individual's name in the records relating to the individual's adjudication,
1215     nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
1216     ordered; and
1217          (ii) destroy all photographs and records created under Section 80-6-608, except that a
1218     record of a minor's fingerprints may not be destroyed by an agency.
1219          (b) [An agency that] Within 60 days after the day on which an agency receives a copy
1220     of an expungement order, the agency shall mail an affidavit to the individual who is the subject
1221     of the expungement order, or the individual's attorney, that the agency has complied with the
1222     expungement order.
1223          (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
1224     Department of Corrections:
1225          (a) may not disclose records expunged in an expungement order unless required by
1226     law;
1227          (b) are not required to destroy any photograph or record created under Section
1228     80-6-608;
1229          (c) may use an expunged record for purposes related to incarceration and supervision
1230     of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
1231     purpose of making decisions about:
1232          (i) the treatment and programming of the individual;
1233          (ii) housing of the individual;
1234          (iii) applicable guidelines regarding the individual; or

1235          (iv) supervision conditions for the individual;
1236          (d) are not prohibited from disclosing or sharing any information in an expunged
1237     record with another agency that uses the same record management system as the Board of
1238     Pardons and Parole or the Department of Corrections; and
1239          (e) are not required to mail an affidavit under Subsection (4)(b).
1240          (6) Upon entry of an expungement order:
1241          (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
1242     detention for which the record is expunged is considered to have never occurred; and
1243          (b) the individual, who is the subject of the expungement order, may reply to an inquiry
1244     on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
1245     an arrest, an investigation, or a detention.
1246          (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
1247     80-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
1248     of the record.
1249          Section 13. Effective date.
1250          This bill takes effect on May 1, 2024.