2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 2 - Custody and Detention › Section 205 - Admission to detention -- Alternative to detention -- Rights of a minor in detention.

Effective 5/4/2022
80-6-205.
Admission to detention -- Alternative to detention -- Rights of a minor in detention.
(1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff member of the detention facility shall immediately review the form and determine, based on the results of the detention risk assessment tool and Subsection (2), whether to:
(a) admit the minor to secure detention;
(b) admit the minor to home detention;
(c) place the minor in another alternative to detention; or
(d) if the minor is a child, return the minor home upon a written promise by the minor's parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without restriction.
(2) A minor may not be admitted to detention unless:
(a) the minor is detainable based on the detention guidelines; or
(b) the minor has been brought to detention in accordance with:
(i) a court order;
(ii) a warrant in accordance with Section 80-6-202; or
(iii) a division warrant in accordance with Section 80-6-806.
(3) If the designated staff member determines to admit a minor to home detention, the staff member shall notify the juvenile court of that determination.
(4) Even if a minor is eligible for secure detention, a peace officer or other person who takes a minor to a detention facility, or the designated staff member of the detention facility, may release a minor to a less restrictive alternative than secure detention.
(5)
(a) If a minor taken to a detention facility does not qualify for admission under detention guidelines or this section, a designated staff member of the detention facility shall arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or a shelter facility.
(b)
(i) Except as otherwise provided by this section, a minor may not be placed or kept in secure detention while court proceedings are pending.
(ii) A child may not be placed or kept in a shelter facility while court proceedings are pending, unless the child is in protective custody in accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings.
(6) If a minor is taken into temporary custody and admitted to a secure detention, or another alternative to detention, a designated staff member of the detention facility shall:
(a) immediately notify the minor's parent, guardian, or custodian; and
(b) promptly notify the juvenile court of the placement.
(7) If a minor is admitted to secure detention, or another alternative to detention, outside the county of the minor's residence and a juvenile court determines, in a detention hearing, that secure detention, or an alternative to detention, of the minor shall continue, the juvenile court shall direct the sheriff of the county of the minor's residence to transport the minor to secure detention or another alternative to detention in that county.
(8)
(a) Subject to Subsection (8)(b), a minor admitted to detention has a right to:
(i) phone the minor's parent, guardian, or attorney immediately after the minor is admitted to detention; and
(ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or custodian.
(b) The division may:
(i) establish a schedule for which a minor in detention may visit or phone a person described in Subsection (8)(a);
(ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in special circumstances;
(iii) limit the number and length of calls and visits for a minor in detention to persons described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints; or
(iv) limit the minor's rights under Subsection (8)(a) if a compelling reason exists to limit the minor's rights.
(c) A minor admitted to detention shall be immediately advised of the minor's rights described in this Subsection (8).
Amended by Chapter 155, 2022 General Session