2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 3 - Referral and Prosecution › Section 302 - Citation -- Procedure -- Time limits -- Failure to appear.

Effective 5/3/2023
80-6-302.
Citation -- Procedure -- Time limits -- Failure to appear.
(1) A petition is not required to commence a proceeding against a minor for an adjudication of an alleged offense if a citation is issued for an offense for which the juvenile court has jurisdiction over and the offense listed in the citation is for:
(a) a violation of a wildlife law;
(b) a violation of a boating law;
(c) a class B or C misdemeanor or an infraction other than a misdemeanor or infraction:
(i) for a traffic violation; or
(ii) designated as a citable offense by general order of the Board of Juvenile Court Judges;
(d) a class B misdemeanor or infraction for a traffic violation where the individual is 15 years old or younger at the time the offense was alleged to have occurred;
(e) an infraction or misdemeanor designated as a citable offense by a general order of the Board of Juvenile Court Judges; or
(f) a violation of Subsection 76-10-105(2).
(2) Except as provided in Subsection (6) and Section 80-6-301, a citation for an offense listed in Subsection (1) shall be submitted to the juvenile court within five days of issuance to a minor.
(3) A copy of the citation shall contain:
(a) the name and address of the juvenile court before which the minor may be required to appear;
(b) the name of the minor cited;
(c) the statute or local ordinance that the minor is alleged to have violated;
(d) a brief description of the offense charged;
(e) the date, time, and location at which the offense is alleged to have occurred;
(f) the date the citation was issued;
(g) the name and badge or identification number of the peace officer or public official who issued the citation;
(h) the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the minor into temporary custody as provided in Section 80-6-201;
(i) a statement that the minor and the minor's parent or guardian are to appear when notified by the juvenile court; and
(j) the signature of the minor and the minor's parent or guardian, if present, agreeing to appear at the juvenile court when notified by the court.
(4) A copy of the citation shall contain space for the following information to be entered if known:
(a) the minor's address;
(b) the minor's date of birth;
(c) the name and address of the child's custodial parent or guardian, if different from the child; and
(d) if there is a victim, the victim's name, address, and an estimate of loss, except that this information shall be removed from the documents the minor receives.
(5) A citation received by the juvenile court beyond the time designated in Subsection (2) shall include a written explanation for the delay.
(6) An offense alleged to have been committed by an enrolled child on school property, or related to school attendance, may only be referred to the prosecuting attorney or the juvenile court in accordance with Section 53G-8-211.
(7) If a juvenile court receives a citation described in Subsection (1), a juvenile probation officer shall make a preliminary inquiry as to whether the minor is eligible for a nonjudicial adjustment in accordance with Subsection 80-6-303.5(4).
(8)
(a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a prosecuting attorney may commence a proceeding against a minor, without filing a petition, for an adjudication of the offense in the citation only if:
(i) the minor is not eligible for, or does not complete, a nonjudicial adjustment; and
(ii) the prosecuting attorney conducts an inquiry under Subsection (9).
(b) Except as provided in Subsection 80-6-305(2), a prosecuting attorney may not commence a proceeding against an individual for any offense listed in a citation alleged to have occurred before the individual was 12 years old.
(9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable belief, that:
(a) the charge listed in the citation is supported by probable cause;
(b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and
(c) the decision to charge is in the interests of justice.
(10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor shall appear at the juvenile court at a date and time established by the juvenile court.
(11) If a minor willfully fails to appear before the juvenile court for a proceeding under Subsection (8)(a), the juvenile court may:
(a) find the minor in contempt of court; and
(b) proceed against the minor as provided in Section 78A-6-353.
(12) If a proceeding is commenced under this section, the minor may remit a fine without a personal appearance before the juvenile court with the consent of:
(a) the juvenile court; and
(b) if the minor is a child, the parent or guardian of the child cited.
Amended by Chapter 161, 2023 General Session