reglab/statecodes huggingface dataset:
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 5 - Facilities › Section 501 - Detention facilities and services.

Effective 9/1/2021
80-5-501.
Detention facilities and services.
(1) The division shall provide detention facilities and services in each county, or group of counties, as the population demands, in accordance with this chapter.
(2)
(a) The division is responsible for development, implementation, and administration of home detention services available in every judicial district.
(b) The division shall establish criteria for placement in home detention.
(3) The division shall provide training regarding implementation of the rules made under Subsection 80-5-202(1)(a) to law enforcement agencies, division employees, juvenile court employees, and other affected agencies and individuals upon their request.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 5 - Facilities › Section 502 - New detention facilities.

Effective 9/1/2021
80-5-502.
New detention facilities.
(1) The division may issue requests for proposals to allow for the private construction of facilities suitable to meet the detention requirements of any county or group of counties, subject to approval by the governor.
(2) The governor shall furnish an analysis of the benefits of the proposals received to the Infrastructure and General Government Appropriations Subcommittee for the subcommittee's review.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 5 - Facilities › Section 503 - Secure care facilities.

Effective 9/1/2021
80-5-503.
Secure care facilities.
(1) The division shall maintain and operate secure care facilities for the custody and rehabilitation of juvenile offenders:
(a) who pose a danger of serious bodily harm to others;
(b) who cannot be controlled in a less secure setting; or
(c) who have engaged in a pattern of conduct characterized by persistent and serious criminal offenses that, as demonstrated through the use of other alternatives, cannot be controlled in a less secure setting.
(2)
(a) The director shall appoint an administrator for each secure care facility.
(b) An administrator of a secure care facility shall have experience in social work, law, criminology, corrections, or a related field, and in administration.
(3)
(a)
(i) The division, in cooperation with the State Board of Education, shall provide instruction, or make instruction available, to juvenile offenders in secure care facilities.
(ii) The instruction shall be appropriate to the age, needs, and range of abilities of the juvenile offender.
(b) A secure care facility shall:
(i) assess each juvenile offender to determine the juvenile offender's abilities, possible learning disabilities, interests, attitudes, and other attributes related to appropriate educational programs; and
(ii) provide prevocational education to juvenile offenders to acquaint juvenile offenders with vocations, and vocational requirements and opportunities.
(4) The division shall place juvenile offenders who have been committed to the division for secure care in a secure care facility, operated by the division or by a private entity, that is appropriate to ensure that humane care and rehabilitation opportunities are afforded to the juvenile offender.
(5) The division shall adopt standards, policies, and procedures for the regulation and operation of secure care facilities, consistent with state and federal law.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 6 - Runaways and Ungovernable Children › Section 602 - Homeless youth -- Consent to shelter, care, or services by a homeless youth.

Effective 9/1/2021
80-5-602.
Homeless youth -- Consent to shelter, care, or services by a homeless youth.
(1) As used in this section:
(a) "Care" means providing:
(i) assistance to obtain food, clothing, hygiene products, or other basic necessities;
(ii) access to a bed, showering facility, or transportation; or
(iii) assistance with school enrollment or attendance.
(b) "Licensed services" means a service provided by a temporary homeless youth shelter, a youth services center, or other facility that is licensed to provide the service to a homeless youth.
(c) "Service" means:
(i) youth services;
(ii) child welfare or juvenile court case management or advocacy;
(iii) aftercare services; or
(iv) independent living skills training.
(2) A homeless youth may consent to temporary shelter, care, or licensed services if the homeless youth:
(a) is at least 15 years old; and
(b) manages the homeless youth's own financial affairs, regardless of the source of income.
(3) In determining consent under Subsection (2), a person may rely on the homeless youth's verbal or written statement describing the homeless youth's ability to consent to temporary shelter, care, or licensed services.
(4) A person who provides shelter, care, or licensed services to a homeless youth who consents to the shelter, care, or licensed services under Subsection (2):
(a) shall report to the division as required under Subsection 80-5-601(4); and
(b) may provide the homeless youth a referral to temporary or permanent housing, employment resources, medical or dental providers, or counseling.
Amended by Chapter 256, 2021 General Session
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 6 - Runaways and Ungovernable Children › Section 603 - Assessment of an ungovernable or runaway child for services.

Effective 9/1/2021
80-5-603.
Assessment of an ungovernable or runaway child for services.
(1) If a juvenile court finds that a child is ungovernable or a runaway, or that the family is in crisis, the juvenile court may order the division to conduct an assessment to determine whether it would be appropriate for the division to provide prevention and early intervention youth services, as described in Section 80-5-401, to the child.
(2) If the division determines that provision of prevention and early intervention youth services is appropriate under Subsection (1), the division shall provide the services to the ungovernable or runaway child.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 7 - Youth Parole Authority › Section 701 - Youth Parole Authority -- Creation -- Members.

Effective 9/1/2021
80-5-701.
Youth Parole Authority -- Creation -- Members.
(1) There is created the Youth Parole Authority within the division.
(2)
(a) The authority is composed of 10 part-time members and five pro tempore members who are residents of this state.
(b) No more than three pro tempore members may serve on the authority at any one time.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 7 - Youth Parole Authority › Section 702 - Member qualifications -- Expenses.

Effective 9/1/2021
80-5-702.
Member qualifications -- Expenses.
(1) As used in this section, "member" means both a part-time member and a pro tempore member of the authority.
(2)
(a) Except as required by Subsection (2)(b), the governor, with the advice and consent of the Senate, shall appoint members to four-year terms.
(b) The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members are staggered so that approximately half of the authority is appointed every two years.
(3) A member shall have training or experience in social work, law, juvenile or criminal justice, or related behavioral sciences.
(4) When a vacancy occurs in the membership for any reason, the replacement member shall be appointed for the unexpired term.
(5) During the tenure of the member's appointment, a member may not:
(a) be an employee of the department, other than in the member's capacity as a member of the authority;
(b) hold any public office;
(c) hold any position in the state's juvenile justice system; or
(d) be an employee, officer, advisor, policy board member, or subcontractor of any juvenile justice agency or the juvenile justice agency's contractor.
(6) In extraordinary circumstances or when a regular member is absent or otherwise unavailable, the chair may assign a pro tempore member to act in the absent member's place.
(7) A member may not receive compensation or benefits for the member's service but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 5 - Juvenile Justice Services › Part 7 - Youth Parole Authority › Section 703 - Authority responsibilities -- Administrative officer of the authority.

Effective 9/1/2021
80-5-703.
Authority responsibilities -- Administrative officer of the authority.
(1) The authority is responsible for:
(a) the release of a juvenile offender from secure care; and
(b) the rescission, revocation, and termination of parole for a juvenile offender.
(2) In accordance with Chapter 6, Part 8, Commitment and Parole, the authority shall:
(a) determine when and under what conditions a juvenile offender in secure care is eligible for parole;
(b) establish policies and procedures regarding:
(i) the authority's governance, meetings, and hearings;
(ii) the conduct of proceedings before the authority;
(iii) the parole of a juvenile offender; and
(iv) for which parole for a juvenile offender may be granted, rescinded, revoked, modified, and terminated; and
(c) determine appropriate parole dates for juvenile offenders.
(3) The division's case management staff shall:
(a) implement plans for parole; and
(b) supervise a juvenile offender on parole.
(4) The division shall:
(a) permit the authority to have reasonable access to a juvenile offender in secure care; and
(b) furnish all pertinent data requested by the authority in matters of parole, revocation, and termination.
(5) The director shall appoint an administrative officer of the authority.
(6) The administrative officer is responsible for the day-to-day operations of the authority.
(7) The authority and the administrative officer have power to:
(a) issue subpoenas;
(b) compel attendance of witnesses;
(c) compel production of books, papers, and other documents; and
(d) administer oaths and take testimony under oath for the purposes of conducting the hearings.
(8) The administrative officer shall maintain summary records of all hearings and provide written notice to the juvenile offender of a decision and the reason for the decision.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 2 - Custody and Detention › Section 201 - Minor taken into temporary custody by peace officer, private citizen, or probation officer -- Grounds -- Protective custody.

Effective 9/1/2022
80-6-201.
Minor taken into temporary custody by peace officer, private citizen, or probation officer -- Grounds -- Protective custody.
(1) A minor may be taken into temporary custody by a peace officer without a court order, or a warrant under Section 80-6-202, if the peace officer has probable cause to believe that:
(a) the minor has committed an offense under municipal, state, or federal law;
(b) the minor seriously endangers the minor's own welfare or the welfare of others and taking the minor into temporary custody appears to be necessary for the protection of the minor or others;
(c) the minor has run away or escaped from the minor's parents, guardian, or custodian; or
(d) the minor is:
(i) subject to the state's compulsory education law; and
(ii) subject to Section 53G-6-208, absent from school without legitimate or valid excuse.
(2) A private citizen may take a minor into temporary custody if under the circumstances the private citizen could make a citizen's arrest under Section 77-7-3 if the minor was an adult.
(3) A juvenile probation officer may take a minor into temporary custody:
(a) under the same circumstances as a peace officer in Subsection (1); or
(b) if the juvenile probation officer has a reasonable suspicion that the minor has violated the conditions of the minor's probation.
(4)
(a) Nothing in this part shall be construed to prevent a peace officer or the Division of Child and Family Services from taking a minor into protective custody under Section 80-2a-202 or 80-3-204.
(b) If a peace officer or the Division of Child and Family Services takes a minor into protective custody, the provisions of Chapter 2, Child Welfare Services, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings shall govern.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 2 - Custody and Detention › Section 202 - Warrants for minors.

Effective 9/1/2022
80-6-202.
Warrants for minors.
(1)
(a) Except as otherwise provided in this section, after a petition is filed under Section 80-6-305, or a criminal information under Section 80-6-503, a juvenile court may issue a warrant for a minor to be taken into temporary custody if:
(i) there is probable cause to believe that:
(A) the minor has committed an offense that would be a felony if committed by an adult;
(B) the minor has failed to appear after the minor or the minor's parent, guardian, or custodian has been legally served with a summons in accordance with Section 78A-6-351 and the Utah Rules of Juvenile Procedure;
(C) there is a substantial likelihood the minor will not respond to a summons;
(D) a summons cannot be served and the minor's present whereabouts are unknown;
(E) serving a summons for the minor will be ineffectual;
(F) the minor seriously endangers others or the public and temporary custody appears to be necessary for the protection of others or the public; or
(G) the minor is a runaway or has escaped from the minor's parent, guardian, or custodian; or
(ii) the minor is under the continuing jurisdiction of the juvenile court and there is probable cause to believe that the minor:
(A) has left the custody of the person or agency vested by a court with legal custody, or guardianship of the minor, without permission; or
(B) has violated a court order.
(b) A warrant issued under this Subsection (1) shall be:
(i) filed in accordance with Utah Rules of Juvenile Procedure, Rule 7; and
(ii) executed in accordance with Title 77, Chapter 7, Arrest, by Whom, and How Made.
(2) A juvenile court may not issue a warrant for a minor to be taken into temporary custody for:
(a) a status offense; or
(b) an infraction.
(3)
(a) For a minor not eligible for a warrant under Subsection (2), a juvenile court may issue a warrant that directs a minor to be returned home, to the juvenile court, or to a shelter or other nonsecure facility.
(b) A warrant under Subsection (3)(a) may not direct a minor to secure care or secure detention.
(4) Subsection (2) does not apply to a minor who is under Chapter 6, Part 11, Interstate Compact for Juveniles.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 2 - Custody and Detention › Section 203 - Temporary custody of a minor -- Notification of a child's parent, guardian, or custodian -- Taking a minor to a detention facility.

Effective 9/1/2021
80-6-203.
Temporary custody of a minor -- Notification of a child's parent, guardian, or custodian -- Taking a minor to a detention facility.
(1)
(a) Except as provided in Subsection (3), if a peace officer, or other person, takes a child into temporary custody under Section 80-6-201, the peace officer, or other person, may not take the child into temporary custody for any longer than is reasonably necessary to:
(i) obtain the child's name, age, residence, and other necessary information;
(ii) contact the child's parent, guardian, or custodian; and
(iii) release the child to the child's parent, guardian, or custodian.
(b) Before a child is released under Subsection (1)(a), the parent, or other person to whom the child is released, shall sign a written promise on forms supplied by the juvenile court to bring the child to the juvenile court at a time set or to be set by the court.
(2) Except as provided in Subsection (3), if a peace officer, or other person, takes a minor who is 18 years old or older into temporary custody under Section 80-6-201, the peace officer, or other person, may not take the minor into temporary custody for any longer than is reasonably necessary to obtain the minor's name, age, residence, and other necessary information.
(3)
(a) A minor may remain in the temporary custody of a peace officer or other person if:
(i) the protection of the community requires the minor's detention; or
(ii) a warrant has been issued for the minor's arrest under Section 80-6-202 or 80-6-806.
(b) If a minor remains in temporary custody, the minor shall be taken to a detention facility without unnecessary delay.
(c) If the peace officer, or other person, takes a minor to a detention facility, the peace officer, or other person, shall promptly file a written report, on a form provided by the division, with the detention facility stating:
(i) the details of the offense that the minor is alleged to have committed;
(ii) the facts that bring the offense within the jurisdiction of the juvenile court;
(iii) the reason that the minor was not released by the peace officer or other person; and
(iv) if the minor is under consideration for detention, the eligibility of the minor for detention under the detention guidelines.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 3 - Referral and Prosecution › Section 301 - Referral to juvenile court.

Effective 9/1/2021
80-6-301.
Referral to juvenile court.
(1) Except as provided in Subsections (2) and (3), a peace officer, or a public official of the state, a county, a city, or a town charged with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral with the juvenile court within 10 days after the day on which a minor is taken into temporary custody under Section 80-6-201.
(2) If a minor is taken to a detention facility, a peace officer or a public official of the state, a county, a city, or a town charged with the enforcement of laws of the state or local jurisdiction shall file the formal referral with the juvenile court within 24 hours after the time in which the minor is taken into temporary custody under Section 80-6-201.
(3) A peace officer, public official, school district, or school may only refer a minor to the juvenile court under Section 53G-8-211 for an offense that is subject to referral under Section 53G-8-211.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 3 - Referral and Prosecution › Section 303 - Criminal proceedings involving minors -- Transfer to juvenile court -- Exception.

Effective 5/3/2023
80-6-303.
Criminal proceedings involving minors -- Transfer to juvenile court -- Exception.
(1)
(a) If while a criminal or quasi-criminal proceeding is pending, a district court or justice court determines that an individual being charged is under 21 years old and was younger than 18 years old at the time of committing the alleged offense, the district court or justice court shall transfer the case to the juvenile court with all the papers, documents, and transcripts of any testimony.
(b)
(i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense that is:
(A) filed in the district court in accordance with Section 80-6-502; or
(B) transferred to the district court in accordance with Section 80-6-504.
(ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
(2)
(a) Except as provided in Subsection (2)(b), the district court or justice court making the transfer shall:
(i) order the individual to be taken immediately to the juvenile court or to a place of detention designated by the juvenile court; or
(ii) release the individual to the custody of the individual's parent or guardian or other person legally responsible for the individual, to be brought before the juvenile court at a time designated by the juvenile court.
(b) If the alleged offense under Subsection (1) occurred before the individual was 12 years old:
(i) the district court or justice court making the transfer shall release the individual to the custody of the individual's parent or guardian, or other person legally responsible for the individual;
(ii) the juvenile court shall treat the transfer as a referral under Section 80-6-301; and
(iii) a juvenile probation officer shall make a preliminary inquiry to determine whether the individual is eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5.
(c) If the case is transferred to the juvenile court under this section, the juvenile court shall then proceed in accordance with this chapter.
(3) A district court or justice court does not have to transfer a case under Subsection (1) if the district court or justice court would have had jurisdiction over the case at the time the individual committed the offense in accordance with Sections 78A-5-102 and 78A-7-106.
Amended by Chapter 161, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 3 - Referral and Prosecution › Section 304.5 - Prosecutorial review of referral to juvenile court -- Filing a petition.

Effective 5/3/2023
80-6-304.5.
Prosecutorial review of referral to juvenile court -- Filing a petition.
(1) A prosecuting attorney shall review a referral to the juvenile court for an offense committed by a minor if:
(a) the prosecuting attorney is requested to review the referral under Section 80-6-303.5;
(b) the minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment; or
(c) the minor is not offered or declines a nonjudicial adjustment.
(2) Upon review of a referral under Subsection (1), the prosecuting attorney shall:
(a) dismiss the referral;
(b) send the referral back to the juvenile probation officer for a new attempt at a nonjudicial adjustment if the minor's case is eligible for a nonjudicial adjustment under Section 80-6-303.5; or
(c) except as provided in Subsection (5), file a petition with the juvenile court.
(3) A prosecuting attorney may only file a petition under Subsection (2)(c) upon reasonable belief that:
(a) the charges are 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.
(4) If a minor has substantially complied with the other conditions of a nonjudicial adjustment or conditions imposed through any other court diversion program, the minor's failure to pay a fine or fee as a condition of the nonjudicial adjustment or program may not serve as a basis for filing of a petition.
(5) A prosecuting attorney may not file a petition against a minor unless:
(a) the prosecuting attorney has statutory authority to file the petition under Section 80-6-305; and
(b)
(i) the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5;
(ii) the minor declines a nonjudicial adjustment;
(iii) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; or
(iv) the minor fails to respond to the juvenile probation officer's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry.
(6) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is commenced against a minor under Section 80-6-302, the juvenile court may refer the case to the juvenile probation officer for another offer of nonjudicial adjustment if the minor is eligible for a nonjudicial adjustment under Section 80-6-303.5.
Enacted by Chapter 161, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 3 - Referral and Prosecution › Section 305 - Petition for a delinquency proceeding -- Amending a petition -- Continuance.

Effective 5/3/2023
80-6-305.
Petition for a delinquency proceeding -- Amending a petition -- Continuance.
(1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in:
(a) Subsection (2);
(b) Section 80-6-302;
(c) Section 80-6-502; and
(d) Section 80-6-503.
(2) A prosecuting attorney may not file a petition under Subsection (1) against an individual for an offense alleged to have occurred before the individual was 12 years old, unless:
(a) the individual is alleged to have committed a felony violation of:
(i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
(ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
(iii) Section 76-5-203, murder or attempted murder;
(iv) Section 76-5-302, aggravated kidnapping;
(v) Section 76-5-405, aggravated sexual assault;
(vi) Section 76-6-103, aggravated arson;
(vii) Section 76-6-203, aggravated burglary;
(viii) Section 76-6-302, aggravated robbery; or
(ix) Section 76-10-508.1, felony discharge of a firearm; or
(b) an offer for a nonjudicial adjustment is made under Section 80-6-303.5 and the minor:
(i) declines to accept the offer for the nonjudicial adjustment; or
(ii) fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment.
(3) A juvenile court may dismiss a petition under this section at any stage of the proceedings.
(4)
(a) When evidence is presented during any proceeding in a minor's case that points to material facts not alleged in the petition, the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent.
(b) The juvenile court, on a motion from any interested party or on the court's own motion, shall direct that the petition be amended to conform to the evidence.
(c) If an amended petition under Subsection (4)(b) results in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
Amended by Chapter 161, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 3 - Referral and Prosecution › Section 306 - Plea -- Withdrawal of a plea.

Effective 9/1/2021
80-6-306.
Plea -- Withdrawal of a plea.
(1) If a minor is facing a delinquency proceeding under this chapter, the minor may enter:
(a) a denial of the alleged offense;
(b) an admission of the alleged offense; or
(c) with the consent of the juvenile court, a plea of no contest as described in Section 77-13-2.
(2)
(a) If a minor enters an admission under Subsection (1), the juvenile court may:
(i) delay in entering the admission for a defined period of time; and
(ii) impose conditions on the minor for the period of time under Subsection (2)(a)(i).
(b) If the minor successfully completes the conditions imposed under Subsection (2)(a)(ii), the juvenile court shall dismiss the petition filed under this chapter.
(c) If the minor fails to complete the conditions imposed under Subsection (2)(a)(ii), the juvenile court shall:
(i) enter the minor's admission; and
(ii) proceed with ordering a disposition in accordance with Section 80-6-701.
(3) If a minor declines to enter a plea, the juvenile court shall enter a denial.
(4) A minor's counsel may enter a denial in the absence of the minor or the minor's parent, guardian, or custodian.
(5) The minor may enter an admission to:
(a) a lesser included offense;
(b) an offense of a lesser degree; or
(c) a different offense for which the juvenile court may enter after amending the petition.
(6) A plea under this section shall be conducted in accordance with Utah Rules of Juvenile Procedure, Rule 25.
(7) A minor may withdraw a denial of an offense at any time before an adjudication under Section 80-6-701.
(8) A minor may only withdraw an admission or a plea of no contest upon:
(a) leave of the court; and
(b) a showing that the admission or plea was not knowingly and voluntarily made.
(9)
(a) Even if the juvenile court has ordered a disposition under Part 7, Adjudication and Disposition, a minor shall make a request to withdraw an admission, or a plea of no contest, within 30 days after the day on which the minor entered the admission or plea.
(b) If the juvenile court has not entered a disposition, the juvenile court may not announce a disposition until the motion to withdraw under Subsection (9)(a) is denied.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 3 - Referral and Prosecution › Section 307 - Dispositional report required in minors' cases -- Exceptions.

Effective 9/1/2021
80-6-307.
Dispositional report required in minors' cases -- Exceptions.
(1) A juvenile probation officer, or other agency designated by the juvenile court, shall make a dispositional report in writing in all minors' cases in which a petition has been filed, except in cases involving violations of traffic laws or ordinances, violations of wildlife laws and boating laws, and other minor cases.
(2) When preparing a dispositional report and recommendation in a minor's case, the juvenile probation officer, or other agency designated by the juvenile court, shall consider the juvenile disposition guidelines developed in accordance with Section 63M-7-404 and any other factors relevant to the disposition designated in the juvenile disposition guidelines .
(3) Where the allegations of a petition filed under Section 80-6-305 are denied, the investigation may not be made until the juvenile court has made an adjudication.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 4 - Competency › Section 401 - Definitions -- Competency to proceed.

Effective 5/4/2022
80-6-401.
Definitions -- Competency to proceed.
(1) As used in this part:
(a) "Competency" or "competent to proceed" means that a minor has:
(i) a present ability to consult with counsel with a reasonable degree of rational understanding; and
(ii) a rational as well as factual understanding of the proceedings.
(b) "Competency evaluation" means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges.
(c) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
(d) "Not competent to proceed" means an individual is not competent to stand for trial or adjudication for pending charges.
(2) If a petition is filed under Section 80-6-305, or a criminal information is filed under Section 80-6-503, in the juvenile court , a written motion may be filed alleging reasonable grounds to believe the minor is not competent to proceed.
(3) The written motion shall contain:
(a) a certificate that it is filed in good faith and on reasonable grounds to believe the minor is not competent to proceed due to:
(i) a mental illness;
(ii) an intellectual disability or a related condition; or
(iii) developmental immaturity;
(b) a recital of the facts, observations, and conversations with the minor that have formed the basis for the motion; and
(c) if filed by defense counsel, the motion shall contain information that can be revealed without invading the lawyer-client privilege.
(4) The motion may be:
(a) based upon knowledge or information and belief; and
(b) filed by:
(i) the minor alleged not competent to proceed;
(ii) any person acting on the minor's behalf;
(iii) the prosecuting attorney;
(iv) the attorney guardian ad litem; or
(v) any person having custody or supervision over the minor.
(5)
(a) The juvenile court may raise the issue of a minor's competency at any time.
(b) If raised by the juvenile court, counsel for each party shall be permitted to address the issue of competency.
(c) The juvenile court shall state the basis for the finding that there are reasonable grounds to believe the minor is not competent to proceed.
Amended by Chapter 152, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 5 - Transfer to District Court › Section 501 - Definitions.

Effective 5/4/2022
80-6-501.
Definitions.
As used in this part:
(1) "Minor" means:
(a) an individual:
(i) who is at least 18 years old and younger than 25 years old; and
(ii) whose case is under the jurisdiction of the juvenile court; or
(b) an individual:
(i) who is younger than 21 years old;
(ii) who is charged with, or convicted of, an offense under Section 80-6-502 or 80-6-503; and
(iii) whose case is under the jurisdiction of the district court.
(2) "Qualifying offense" means an offense described in Section 80-6-503.
(3) "Separate offense" means any offense that is not a qualifying offense.
Amended by Chapter 155, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 5 - Transfer to District Court › Section 502 - Criminal information for a minor in district court.

Effective 5/4/2022
80-6-502.
Criminal information for a minor in district court.
(1) If a prosecuting attorney charges a minor with aggravated murder under Section 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal information in the district court if the minor was a principal actor in an offense and the criminal information alleges:
(a) the minor was 16 or 17 years old at the time of the offense; and
(b) the offense for which the minor is being charged is:
(i) aggravated murder, as described in Section 76-5-202; or
(ii) murder, as described in Section 76-5-203.
(2) If the prosecuting attorney files a criminal information in the district court in accordance with Subsection (1), the district court shall try the minor as an adult, except:
(a) the minor is not subject to a sentence of death in accordance with Subsection 76-3-206(2)(b); and
(b) the minor is not subject to a sentence of life without parole in accordance with Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
(3)
(a) Except for a minor who is subject to the authority of the Board of Pardons and Parole, a minor charged with aggravated murder or murder under Subsection (1) shall be held in a detention facility.
(b) A minor held in a detention facility under Subsection (3)(a) shall remain in the facility:
(i) until released by the district court; or
(ii) if convicted, until sentencing.
(4)
(a) If a minor is held in a detention facility under Subsection (3)(a), the district court shall:
(i) advise the minor of the right to bail; and
(ii) issue a pretrial status order, as defined in Section 77-20-102, for the minor in accordance with Section 77-20-205.
(b) Except for Sections 77-20-202, 77-20-203, and 77-20-204, the provisions of Title 77, Chapter 20, Bail, shall apply to the release or detention of a minor being tried as an adult under this section.
(5)
(a) If a minor held in a detention facility under Subsection (3)(a) attains the age of 25 years old, the minor shall:
(i) be transferred within 30 days to an adult jail; and
(ii) remain in the adult jail until:
(A) released by the district court; or
(B) if convicted, sentencing.
(b) Subsection (5)(a) applies to any minor who is being held in a detention facility as described in Subsection (3)(a) on or after May 4, 2022.
(6) If a minor is held in a detention facility under Subsection (3)(a) and the minor's conduct or condition endangers the safety or welfare of others in the detention facility, the district court may find that the minor shall be detained in another place of confinement considered appropriate by the district court, including a jail or an adult facility for pretrial confinement.
Amended by Chapter 135, 2022 General Session
Amended by Chapter 155, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 5 - Transfer to District Court › Section 503 - Criminal information for a minor in juvenile court -- Extending juvenile court jurisdiction.

Effective 9/1/2021
80-6-503.
Criminal information for a minor in juvenile court -- Extending juvenile court jurisdiction.
(1) If a prosecuting attorney charges a minor with a felony, the prosecuting attorney may file a criminal information in the juvenile court if the minor was a principal actor in an offense and the information alleges:
(a)
(i) the minor was 16 or 17 years old at the time of the offense; and
(ii) the offense for which the minor is being charged is a felony violation of:
(A) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
(B) Section 76-5-202, attempted aggravated murder;
(C) Section 76-5-203, attempted murder;
(D) Section 76-5-302, aggravated kidnapping;
(E) Section 76-5-405, aggravated sexual assault;
(F) Section 76-6-103, aggravated arson;
(G) Section 76-6-203, aggravated burglary;
(H) Section 76-6-302, aggravated robbery;
(I) Section 76-10-508.1, felony discharge of a firearm; or
(J) an offense other than an offense listed in Subsections (1)(a)(ii)(A) through (I) involving the use of a dangerous weapon if the offense would be a felony had an adult committed the offense, and the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon that would have been a felony if committed by an adult; or
(b)
(i) the minor was 14 or 15 years old at the time of the offense; and
(ii) the offense for which the minor is being charged is a felony violation of:
(A) Section 76-5-202, aggravated murder or attempted aggravated murder; or
(B) Section 76-5-203, murder or attempted murder.
(2) At the time that a prosecuting attorney files an information under this section, a party may file a motion to extend the juvenile court's continuing jurisdiction in accordance with Section 80-6-605.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 5 - Transfer to District Court › Section 505 - Criminal proceedings for a minor bound over to district court.

Effective 5/4/2022
80-6-505.
Criminal proceedings for a minor bound over to district court.
(1) If the juvenile court binds a minor over to the district court in accordance with Section 80-6-504 , the prosecuting attorney shall try the minor as if the minor is an adult in the district court except:
(a) the minor is not subject to a sentence of death in accordance with Subsection 76-3-206(2)(b); and
(b) the minor is not subject to a sentence of life without parole in accordance with Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
(2) A minor who is bound over to the district court to answer as an adult is not entitled to a preliminary hearing in the district court.
(3) If a minor is bound over to the district court and detained in a detention facility, the district court may order the minor be detained in another place of confinement that is considered appropriate by the district court, including a jail or other place of pretrial confinement for adults if the minor's conduct or condition endangers the safety and welfare of others in the detention facility.
Amended by Chapter 155, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 5 - Transfer to District Court › Section 506 - Appeals from bind over proceedings.

Effective 9/1/2021
80-6-506.
Appeals from bind over proceedings.
(1) A minor may, as a matter of right, appeal from an order of the juvenile court binding the minor over to the district court under Section 80-6-504 .
(2) The prosecuting attorney may, as a matter of right, appeal an order of the juvenile court that a minor charged in accordance with Section 80-6-503 will be adjudicated in the juvenile court.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 5 - Transfer to District Court › Section 507 - Commitment of a minor by a district court.

Effective 5/4/2022
80-6-507.
Commitment of a minor by a district court.
(1)
(a) If the district court determines that probation is not appropriate and commitment to prison is an appropriate sentence when sentencing a minor:
(i) the district court shall order the minor committed to prison; and
(ii) the minor shall be provisionally housed in a secure care facility until the minor reaches 25 years old, unless released earlier from incarceration by the Board of Pardons and Parole.
(b) Subsection (1) applies to any minor being provisionally housed in a secure care facility as described in Subsection (1)(a) on or after May 4, 2022.
(2)
(a) The division shall adopt procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor provisionally housed in a secure care facility under Subsection (1) to the physical custody of the Department of Corrections.
(b) If, in accordance with the rules adopted under Subsection (2)(a), the division determines that housing the minor in a secure care facility presents an unreasonable risk to others or that it is not in the best interest of the minor, the division shall transfer the physical custody of the minor to the Department of Corrections.
(3)
(a) When a minor is committed to prison but provisionally housed in a secure care facility under this section, the district court and the division shall immediately notify the Board of Pardons and Parole so that the minor may be scheduled for a hearing according to board procedures.
(b) If a minor who is provisionally housed in a secure care facility under this section has not been paroled or otherwise released from incarceration by the time the minor reaches 25 years old, the division shall as soon as reasonably possible, but not later than when the minor reaches 25 years and 6 months old, transfer the minor to the physical custody of the Department of Corrections.
(4) Upon the commitment of a minor to the custody of the division or the Department of Corrections under this section, the Board of Pardons and Parole has authority over the minor for purposes of parole, pardon, commutation, termination of sentence, remission of fines or forfeitures, orders of restitution, and all other purposes authorized by law.
(5) The authority shall:
(a) hold hearings, receive reports, or otherwise keep informed of the progress of a minor in the custody of the division under this section; and
(b) forward to the Board of Pardons and Parole any information or recommendations concerning the minor.
(6) Commitment of a minor under this section is a prison commitment for all sentencing purposes.
Amended by Chapter 135, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 6 - Delinquency Proceedings › Section 601 - Minors' cases considered civil proceedings -- Minor not to be charged with crime -- Exception for a prior adjudication -- Traffic violation cases.

Effective 9/1/2021
80-6-601.
Minors' cases considered civil proceedings -- Minor not to be charged with crime -- Exception for a prior adjudication -- Traffic violation cases.
(1) Except as provided in Part 5, Transfer to District Court , a proceeding in a minor's case under this chapter is a civil proceeding with the juvenile court exercising equitable powers.
(2)
(a) An adjudication by a juvenile court of a minor under this chapter is not considered a conviction of a crime, except in cases involving traffic violations.
(b) An adjudication may not:
(i) operate to impose any civil disabilities upon the minor; or
(ii) disqualify the minor for any civil service or military service or appointment.
(3)
(a) Except in cases involving traffic violations, and as provided in Part 5, Transfer to District Court, a minor may not be charged with a crime and convicted in any court.
(b) Except as provided in Section 80-6-504 , if a petition is filed in the juvenile court, the minor may not later be subject to criminal prosecution based on the same facts.
(c) Except as provided in Section 80-6-305, an individual may not be subject to a proceeding under this chapter for an offense that the individual is alleged to have committed before the individual was 12 years old.
(4)
(a) An adjudication by a juvenile court of a minor under this chapter is considered a conviction for the purposes of determining the level of offense for which a minor may be charged and enhancing the level of an offense in the juvenile court.
(b) A prior adjudication may be used to enhance the level or degree of an offense committed by an adult only as otherwise specifically provided.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 6 - Delinquency Proceedings › Section 602 - Hearings or proceedings for minors -- Prosecuting attorney -- Order for indigent defense -- Custody in the Division of Child and Family Services.

Effective 9/1/2021
80-6-602.
Hearings or proceedings for minors -- Prosecuting attorney -- Order for indigent defense -- Custody in the Division of Child and Family Services.
(1) In a hearing or proceeding under this chapter, the juvenile court:
(a) shall admit any person who has a direct interest in the case;
(b) may admit any person whose presence is requested by the minor's parent or guardian; and
(c) shall exclude any other person except as provided in Subsection (2).
(2) In a hearing or proceeding under this chapter for a minor who is 14 years old or older, the juvenile court shall admit any person, unless the hearing or proceeding is closed by the juvenile court upon findings, on the record, for good cause if:
(a) the minor has been charged with an offense that would be a felony if committed by an adult; or
(b) the minor is charged with an offense that would be a class A or B misdemeanor if committed by an adult and the minor has been previously charged with an offense that would be a misdemeanor or felony if committed by an adult.
(3) If more than one minor is alleged to be involved in a violation of a law or ordinance, the proceedings for the violation may be consolidated, except a separate hearing may be held with respect to a disposition for a minor.
(4) The county attorney, or the district attorney if within a prosecution district, shall represent the state in a proceeding under this chapter.
(5) If a minor is facing a proceeding under this chapter, a juvenile court shall:
(a) appoint an indigent defense service provider for the minor in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel; and
(b) order indigent defense services for the minor in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel.
(6) A juvenile court may appoint an attorney guardian ad litem under Section 78A-2-803, or as otherwise provided by law, to represent a child under this chapter.
(7) A juvenile court may not vest custody of a minor facing a delinquency proceeding under this chapter in the Division of Child and Family Services, except as provided in Chapter 3, Abuse, Neglect, and Dependency Proceedings.
Enacted by Chapter 261, 2021 General Session