2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 2 - Custody and Detention › Section 207 - Detention hearings -- Period of detention -- Bail.

Effective 5/4/2022
80-6-207.
Detention hearings -- Period of detention -- Bail.
(1)
(a) After admission of a child to a detention facility under Section 80-6-205 and immediate investigation by a juvenile probation officer, the juvenile court or the juvenile probation officer shall order the release of the child to the child's parent, guardian, or custodian if the juvenile court or the juvenile probation officer finds that the child can be safely returned to the parent's, the guardian's, or the custodian's care, upon written promise to bring the child to the juvenile court at a time set or without restriction.
(b) If a child's parent, guardian, or custodian fails to retrieve the child from a detention facility within 24 hours after notification of release, the parent, guardian, or custodian is responsible for the cost of care for the time the child remains in the detention facility in accordance with Section 78A-6-356.
(c) The detention facility shall determine the cost of care.
(d) Any money collected under this Subsection (1) shall be retained by the division to recover the cost of care for the time the child remains in the facility.
(2)
(a) When a child is admitted to a detention facility, the child's parent, guardian, or custodian shall be informed by the individual in charge of the detention facility that the parent's, the guardian's, or the custodian's child has the right to a prompt hearing in a juvenile court to determine whether the child is to be further detained or released.
(b) If a minor is admitted to a detention facility, the minor shall be informed by the person in charge of the facility that the minor has the right to a prompt hearing in a juvenile court to determine whether the minor is to be further detained or released.
(3)
(a) The juvenile court may, at any time, order the release of the minor, from detention, regardless of whether a detention hearing is held or not.
(b) If a child is released, and the child remains in the detention facility, because the child's parents, guardian, or custodian fails to retrieve the child, the parent, guardian, or custodian shall be responsible for the cost of care as provided in Subsections (1)(b), (c), and (d) in accordance with Section 78A-6-356.
(4)
(a) As used in this Subsection (4), "arrest" means being apprehended, detained, taken into temporary custody under Section 80-6-201 or 80-6-202, held for investigation, or restrained by a peace officer or other person due to an accusation or suspicion that the minor committed an offense.
(b) A minor may not be held in a detention facility longer than 24 hours, unless a juvenile court determines that there is probable cause for the minor's arrest.
(5)
(a) A detention hearing under this section shall be held by a juvenile court judge or commissioner.
(b) A juvenile court shall hold a detention hearing within 48 hours of the minor's admission to a detention facility, excluding weekends and holidays, to determine whether the minor should:
(i) remain in detention in accordance with Subsection (8);
(ii) be released to a parent or guardian; or
(iii) be placed in any other party's custody as authorized by statute.
(6) The probable cause determination under Subsection (4) and the detention hearing under Subsection (5) may occur at the same time if the probable cause determination and the detention hearing occur within the time frame under Subsection (4).
(7)
(a) A detention hearing may not be waived.
(b) Staff at the detention facility shall provide the juvenile court with all information received from the individual who brought the minor to the detention facility.
(8)
(a) The juvenile court may only order a minor to be held in the detention facility or be placed in another appropriate facility, subject to further order of the court, if the court finds at a detention hearing that:
(i) releasing the minor to the minor's parent, guardian, or custodian presents an unreasonable risk to public safety;
(ii) less restrictive nonresidential alternatives to detention have been considered and, where appropriate, attempted; and
(iii) the minor is eligible for detention under the detention guidelines and Section 80-6-205.
(b) The juvenile court may not vest custody of a minor admitted to detention in the Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and Dependency Proceedings.
(9)
(a) After a detention hearing has been held, only the juvenile court may release a minor from detention.
(b) If a minor remains in a detention facility, periodic reviews shall be held in accordance with the Utah Rules of Juvenile Procedure to ensure that continued detention of the minor is necessary.
(10) This section does not apply to a minor who is brought to a correctional facility in accordance with Section 80-6-502, 80-6-504, or 80-6-505.
(11)Title 77, Chapter 20, Bail, does not apply to a minor, except for:
(a) a minor charged in accordance with Section 80-6-502;
(b) a minor bound over to the district court in accordance with Section 80-6-504; or
(c) a minor who need not be detained and lives outside this state.
Amended by Chapter 155, 2022 General Session