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• 2024 General Session
• S.B. 246

S.B. 246 Juvenile Justice Modifications

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Sen. Escamilla, Luz

Floor Sponsor: Rep. Clancy, Tyler

• Substitute Sponsor: Sen. Escamilla, Luz

• Drafting Attorney: Jeff Van Hulten
• Fiscal Analyst: Gary R. Syphus

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• Bill Text
  • Introduced
  • Enrolled

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• Other Versions
  • S.B. 246
    Substitute Sponsor:
    

    • Introduced
    • Fiscal Note
    • House Transmittal Letter 1
    • Senate Transmittal Letter 1

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• Related Documents
  • Fiscal Note
  • SB0246 comparison

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• Information
  • Last Action: 21 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Education
  • K-12 Education
  • Juvenile Justice
  • Law Enforcement and Criminal Justice
  • Commission on Criminal and Juvenile Justice
  • Juvenile Justice Services
  • School Districts

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Enrolled

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S.B. 246

5 53G-8-403 80-6-103 SB0246 HB0331 53G-8-403

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JUVENILE JUSTICE MODIFICATIONS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Luz Escamilla House Sponsor: Tyler Clancy

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LONG TITLE

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General Description:

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This bill addresses a notification to a school from a juvenile court.

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Highlighted Provisions:

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This bill:

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▸requires a local education agency (LEA) to transfer a notification from a juvenile court

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regarding a student to another LEA for one year; and

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▸makes technical corrections.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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This bill provides a special effective date.

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This bill provides a coordination clause.

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Utah Code Sections Affected:

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AMENDS:

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53G-8-403, as last amended by Laws of Utah 2023, Chapter 161

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80-6-103, as last amended by Laws of Utah 2023, Chapter 161

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Utah Code Sections Affected by Coordination Clause: AMENDS:

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4 53G-8-403, as last amended by Laws of Utah 2023, Chapter 161

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 53G-8-403 is amended to read:

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53G-8-403. Superintendent required to notify school.

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(1) "LEA head" means the superintendent of a school district or the director of a charter

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school.

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(2) Within three days of receiving a notification from the juvenile court or a law

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enforcement agency under Section 80-6-103, the district superintendent LEA head or

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LEA head's designee shall notify the principal of the school the juvenile attends or last

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attended.

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(2) (3) Upon receipt of the information, the principal shall:

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(a)make a notation in a secure file other than the student's permanent file; and

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(b)if the student is still enrolled in the school, notify staff members who, in his opinion,

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should know of the adjudication.

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(3) (4) A person receiving information pursuant to this part may only disclose the

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information to other persons having both a right and a current need to know.

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(4) (5) Access to secure files shall be limited to persons authorized to receive information

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under this part.

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(6) Beginning no later than July 1, 2025, an LEA shall digitally maintain the secure file

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described in Subsection (3) or, if available, the students related reintegration plan

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described in 53G-8-213, for one year from the day the notice is received and ensure the

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secure file follows the student if the student transfers to a different school or LEA.

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Section 2, Section 80-6-103 is amended to read:

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80-6-103. Notification to a school -- Civil and criminal liability.

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(1)As used in this section:

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(a)"School" means a school in a local education agency.

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(b)"Local education agency" means a school district, a charter school, or the Utah

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Schools for the Deaf and the Blind.

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(c) "School official" means the superintendent of a school district or the director of a

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charter school or designee in which the minor resides or attends school.

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(d) "Transferee school official" means the superintendent of a school district or the

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director of a charter school or designee in which the minor resides or attends school if

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the minor is admitted to home detention.

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(c) "School official" means:

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(i) the school superintendent of the district in which the minor resides or attends

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school; or

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(ii) if there is no school superintendent for the school, the principal of the school where

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the minor attends.

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(d) "Transferee school official" means:

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(i) the school superintendent of the district in which the minor resides or attends school

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if the minor is admitted to home detention; or

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(ii) if there is no school superintendent for the school, the principal of the school where

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the minor attends if the minor is admitted to home detention.

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(2)A notification under this section is provided for a minor's supervision and student safety.

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(3) (a)If a minor is taken into temporary custody under Section 80-6-201 for a violent

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felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the peace

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officer, or other person who has taken the minor into temporary custody, shall notify

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a school official within five days after the day on which the minor is taken into

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temporary custody.

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(b)A notification under this Subsection (3) shall only disclose:

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(i)the name of the minor;

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(ii)the offense for which the minor was taken into temporary custody or admitted to

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detention; and

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(iii)if available, the name of the victim if the victim resides in the same school

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district as the minor or attends the same school as the minor.

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(4)After a detention hearing for a minor who is alleged to have committed a violent felony,

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or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court

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shall order a juvenile probation officer to notify a school official, or a transferee school

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official, and the appropriate local law enforcement agency of the juvenile court's

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decision, including any disposition, order, or no-contact order.

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(5)If a designated staff member of a detention facility admits a minor to home detention

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under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile

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court shall order a juvenile probation officer to notify a school official, or a transferee

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school official, and the appropriate local law enforcement agency that the minor has

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been admitted to home detention.

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(6) (a)If the juvenile court adjudicates a minor for an offense of violence or an offense

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in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court shall order a

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juvenile probation officer to notify a school official, or a transferee school official, of

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the adjudication.

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(b)A notification under this Subsection (6) shall be given to a school official, or a

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transferee school official, within three days after the day on which the minor is

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adjudicated.

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(c)A notification under this section shall include:

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(i)the name of the minor;

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(ii)the offense for which the minor was adjudicated; and

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(iii)if available, the name of the victim if the victim:

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(A)resides in the same school district as the minor; or

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(B)attends the same school as the minor.

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(7)If the juvenile court orders probation under Section 80-6-702, the juvenile court shall

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order a juvenile probation officer to notify the appropriate local law enforcement agency

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and the school official of the juvenile court's order for probation.

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(8) (a)An employee of the local law enforcement agency, or the school the minor

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attends, who discloses a notification under this section is not:

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(i)civilly liable except when the disclosure constitutes fraud or willful misconduct as

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provided in Section 63G-7-202; and

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(ii)civilly or criminally liable except when the disclosure constitutes a knowing

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violation of Section 63G-2-801.

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(b)An employee of a governmental agency is immune from any criminal liability for

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failing to provide the information required by this section, unless the employee fails

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to act due to malice, gross negligence, or deliberate indifference to the consequences.

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(9) (a)A notification under this section shall be classified as a protected record under

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Section 63G-2-305.

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(b)All other records of disclosures under this section are governed by Title 63G,

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Chapter 2, Government Records Access and Management Act, and the Family

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Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.

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Section 3. Effective date. This bill takes effect on July 1, 2024.

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Section 4. Coordinating S.B. 246 with H.B. 331. If S.B. 246, Juvenile Justice Modifications, and H.B. 331, School and Classroom

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Amendments, both pass and become law, the Legislature intends that, on July 1,

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2024, changes to Section 53G-8-403 in S.B. 246 supersede amendments to Section

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53G-8-403 in H.B. 331.