reglab/statecodes huggingface dataset:
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 6 - Delinquency Proceedings › Section 603 - Rights of minors facing delinquency proceedings.

Effective 5/4/2022
80-6-603.
Rights of minors facing delinquency proceedings.
(1) If a minor is facing a delinquency proceeding under this chapter, the minor has the right to:
(a) appear in person in the proceeding for the petition or the criminal information;
(b) defend, in person or by counsel, against the allegations in the petition or the criminal information;
(c) receive a copy of the petition or the criminal information;
(d) testify on the minor's own behalf;
(e) confront the witnesses against the minor;
(f) secure the attendance of witnesses on the minor's behalf under Section 78A-6-351;
(g) be represented by counsel at all stages of the proceedings;
(h) be appointed an indigent defense service provider and be provided indigent defense services in accordance with Title 78B, Chapter 22, Part 2, Appointment of Counsel;
(i) remain silent and be advised that anything the minor says can and will be used against the minor in any court proceedings; and
(j) appeal any adjudication under this chapter.
(2) A minor facing a delinquency proceeding shall be advised of the minor's rights described in Subsection (1).
Amended by Chapter 155, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 6 - Delinquency Proceedings › Section 604 - Victim's rights -- Access to juvenile court records.

Effective 5/3/2023
80-6-604.
Victim's rights -- Access to juvenile court records.
(1)
(a) If a minor is charged in a petition or information under this chapter for an offense that if committed by an adult would be a felony or a class A or class B misdemeanor, a victim of any act charged in the petition or information shall, upon request, be afforded all rights afforded to victims in:
(i)Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
(ii)Title 77, Chapter 37, Victims' Rights;
(iii)Title 77, Chapter 38, Crime Victims; and
(iv)Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
(b) The notice provisions in Section 77-38-3 do not apply to important juvenile justice hearings as defined in Section 77-38-2.
(2) A victim, upon request to the appropriate juvenile court personnel, shall have the right to inspect and duplicate juvenile court records related to the offense against the victim that have not been expunged under Part 10, Juvenile Records and Expungement, concerning:
(a) the scheduling of any juvenile court hearings on a petition or information filed under this chapter;
(b) any findings made by the juvenile court; and
(c) any order or disposition imposed by the juvenile court.
Amended by Chapter 237, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 6 - Delinquency Proceedings › Section 607 - Case planning and appropriate responses.

Effective 9/1/2021
80-6-607.
Case planning and appropriate responses.
(1) For a minor adjudicated and placed on probation under Section 80-6-702 or committed to the division under Section 80-6-703 , a case plan shall be created and:
(a) developed in collaboration with the minor and the minor's family;
(b) individualized to the minor;
(c) informed by the results of a validated risk and needs assessment under Section 80-6-606 ; and
(d) tailored to the minor's offense and history.
(2)
(a) The Administrative Office of the Courts and the division shall develop a statewide system of appropriate responses to guide responses to the behaviors of minors:
(i) undergoing nonjudicial adjustments;
(ii) whose case is under the jurisdiction of the juvenile court; and
(iii) in the custody of the division.
(b) The system of responses shall include both sanctions and incentives that:
(i) are swift and certain;
(ii) include a continuum of community based responses for minors living at home;
(iii) target a minor's criminogenic risks and needs, as determined by the results of a validated risk and needs assessment under Section 80-6-606 , and the severity of the violation; and
(iv) authorize earned discharge credits as one incentive for compliance.
(c) After considering the juvenile disposition guidelines established by the Sentencing Commission, in accordance with Section 63M-7-404, the system of appropriate responses under Subsections (2)(a) and (b) shall be developed.
(3)
(a) A response to compliant or noncompliant behavior under Subsection (2) shall be documented in the minor's case plan.
(b) Documentation under Subsection (3)(a) shall include:
(i) positive behaviors and incentives offered;
(ii) violations and corresponding sanctions; and
(iii) whether the minor has a subsequent violation after a sanction.
(4) Before referring a minor to a juvenile court for judicial review, or to the authority if the minor is under the jurisdiction of the authority, in response to a contempt filing under Section 78A-6-353 or an order to show cause, a pattern of appropriate responses shall be documented in the minor's case plan in accordance with Subsections (3)(a) and (b) .
(5) Notwithstanding Subsection (4), if a minor violates a protective order or an ex parte protective order listed in Section 78B-7-803, the violation may be filed directly with 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 6 - Delinquency Proceedings › Section 609 - Restraint of a minor.

Effective 9/1/2021
80-6-609.
Restraint of a minor.
(1) As used in this section, "restrained" means the use of handcuffs, chains, shackles, zip ties, irons, straightjackets, and any other device or method that is used to immobilize a minor.
(2)
(a) The Judicial Council shall adopt rules that address the circumstances under which a minor may be restrained while appearing in juvenile court.
(b) The Judicial Council shall ensure that the rules consider both the welfare of the minor and the safety of the juvenile court.
(c) A minor may not be restrained during a juvenile court proceeding unless restraint is authorized by rules of the Judicial Council.
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 610 - Property damage caused by a minor -- Liability of parent or guardian.

Effective 5/3/2023
80-6-610.
Property damage caused by a minor -- Liability of parent or guardian.
(1) A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $2,000 when:
(a) the minor intentionally damages, defaces, destroys, or takes the property of another;
(b) the minor recklessly or willfully shoots or propels a missile, or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or
(c) the minor intentionally and unlawfully tampers with the property of another and thereby recklessly endangers human life or recklessly causes or threatens a substantial interruption or impairment of any public utility service.
(2) A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $5,000 when the minor is adjudicated for an offense under Subsection (1):
(a) for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802; or
(b) to gain recognition, acceptance, membership, or increased status with a criminal street gang.
(3) A juvenile court may make an order for restitution under Subsection (1) or (2) to be paid by the minor's parent or guardian if the minor is adjudicated for an offense.
(4) As used in this section, property damage described under Subsection (1)(a) or (c), or Subsection (2), includes graffiti, as defined in Section 76-6-101.
(5) A court may waive part or all of the liability for damages under this section by the minor's parent or guardian if, after the minor is adjudicated, the court finds, upon the record:
(a) good cause; or
(b) the parent or guardian:
(i) made a reasonable effort to restrain the wrongful conduct; and
(ii) reported the conduct to the property owner involved or the law enforcement agency having primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
(6) A report is not required under Subsection (5)(b) from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the property owner involved.
(7) A conviction for criminal mischief under Section 76-6-106, property damage or destruction under Section 76-6-106.1, criminal trespass under Section 76-6-206, or an adjudication under Section 80-6-701 is not a condition precedent to a civil action authorized under Subsection (1) or (2).
(8) A parent or guardian is not liable under Subsection (1) or (2) if the parent or guardian made a reasonable effort to supervise and direct the minor, or, in the event the parent or guardian knew in advance of the possible taking, injury, or destruction by the minor, made a reasonable effort to restrain the minor.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 7 - Adjudication and Disposition › Section 701 - Adjudication of an offense.

Effective 9/1/2021
80-6-701.
Adjudication of an offense.
(1)
(a) If the juvenile court finds, by beyond a reasonable doubt, that the allegations in a petition under Section 80-6-305, or a criminal information under Section 80-6-503, are true at the adjudication hearing, the juvenile court may order a disposition for a minor under this part.
(b) In determining the proper disposition for a minor under Subsection (1), the juvenile court may consider written reports and materials in accordance with Utah Rules of Juvenile Procedure, Rule 45.
(c) Except as otherwise provided by this chapter, the juvenile court may combine the dispositions under this part if the dispositions are compatible.
(d) If the juvenile court orders any disposition under this part, including an order for secure detention under Section 80-6-704, the disposition shall be served concurrently with any other disposition for detention or secure care.
(2) The juvenile court shall adjudicate a minor's case in accordance with the Utah Rules of Juvenile Procedure.
(3)
(a) If an offense committed by a minor comes within the juvenile court's jurisdiction, the juvenile court is not required to make findings of fact upon which the juvenile court bases the juvenile court's jurisdiction for an offense described in Subsection 78A-6-103(1).
(b) For an offense not described in Subsection 78A-6-103(1), the juvenile court shall make findings of fact upon which the juvenile court bases the juvenile court's jurisdiction.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 7 - Adjudication and Disposition › Section 702 - Probation or protective supervision -- Conditions for probation.

Effective 9/1/2021
80-6-702.
Probation or protective supervision -- Conditions for probation.
(1) If a minor is adjudicated under Section 80-6-701, the juvenile court may place the minor on probation, or under protective supervision in accordance with Subsection (3) if the minor is a child, in the minor's own home and upon conditions determined by the juvenile court, including community or compensatory service.
(2)
(a) If the juvenile court orders a condition under Subsection (1), the condition shall be:
(i) individualized and address a specific risk or need;
(ii) based on information provided to the juvenile court, including the results of a validated risk and needs assessment conducted under Section 80-6-606; and
(iii) if the juvenile court orders substance abuse treatment or an educational series, based on a validated risk and needs assessment conducted under Section 80-6-606.
(b) A juvenile court may not issue a standard order that contains control-oriented conditions.
(c) If the juvenile court orders a prohibition on weapon possession as a condition under Subsection (1), the prohibition shall be specific to the minor and not the minor's family.
(3) If the juvenile court orders protective supervision, the Division of Child and Family Services may not provide protective supervision unless there is a petition filed under Section 80-3-201 that requests that the Division of Child and Family Services provide protective supervision.
(4)
(a) If the juvenile court places a minor on probation, the juvenile court shall establish the period of time that a minor is on probation in accordance with Section 80-6-712.
(b) An order for probation or protective supervision shall include a date for review and presumptive termination of the case by the juvenile court in accordance with Section 80-6-712.
(c) For each review of a minor's case under Subsection (4)(b), the juvenile court shall set a new date for a review and presumptive termination of the minor's case.
(5)
(a) If a minor is adjudicated under this chapter, the juvenile court may order a minor's parent, guardian, or custodian, or any other person who has been made a party to the proceedings, to comply with reasonable conditions, including:
(i) parent-time by the minor's parent;
(ii) restrictions on the individuals that the minor associates with;
(iii) restrictions on the minor's occupation and any other activity; and
(iv) requirements to be observed by the minor's parent, guardian, or custodian.
(b) If a minor's parent, guardian, or custodian successfully completes a family or other counseling program, the minor may be credited by the juvenile court for time spent in detention, in secure care, or on probation.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 7 - Adjudication and Disposition › Section 705 - Secure care -- Limitations -- Order for therapy for parent with minor in secure care.

Effective 5/4/2022
80-6-705.
Secure care -- Limitations -- Order for therapy for parent with minor in secure care.
(1) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile court may order the minor to secure care if the juvenile court finds that:
(a)
(i) the minor poses a risk of harm to others; or
(ii) the minor's conduct resulted in the victim's death; and
(b) the minor is adjudicated for:
(i) a felony offense;
(ii) a misdemeanor offense if the minor has five prior misdemeanor or felony adjudications arising from separate criminal episodes; or
(iii) a misdemeanor offense involving use of a dangerous weapon as defined in Section 76-1-101.5.
(2) A juvenile court may not order a minor to secure care for:
(a) contempt of court;
(b) a violation of probation;
(c) failure to pay a fine, fee, restitution, or other financial obligation;
(d) unfinished compensatory or community service hours;
(e) an infraction; or
(f) a status offense.
(3) The juvenile court may, on the recommendation of the division, order a parent of a minor in secure care to undergo group rehabilitation therapy under the direction of a therapist, who has supervision of the minor in secure care, or any other therapist for a period recommended by the division.
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 7 - Adjudication and Disposition › Section 708 - Service in National Guard.

Effective 9/1/2021
80-6-708.
Service in National Guard.
If a minor is adjudicated under Section 80-6-701, the minor may be given a choice by the juvenile court to serve in the National Guard in lieu of other sanctions described in this part if:
(1) the minor meets the current entrance qualifications for service in the National Guard as determined by a recruiter, whose determination is final;
(2) the offense:
(a) would be a felony if committed by an adult;
(b) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
(c) was committed with a weapon; and
(3) the juvenile court retains jurisdiction over the minor's case under conditions set by the juvenile court and agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
Enacted by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 7 - Adjudication and Disposition › Section 711 - Suspending a disposition.

Effective 5/4/2022
80-6-711.
Suspending a disposition.
(1) Except as otherwise provided in Subsection (2), a juvenile court may not suspend a disposition ordered under this part.
(2)
(a) If a minor qualifies for commitment to the division under Section 80-6-703, the juvenile court may suspend a disposition for commitment to the division in lieu of immediate commitment, upon the condition that the minor commit no new misdemeanor or felony offense within 90 days after the day on which the juvenile court suspends the disposition for commitment.
(b) The duration of a suspended disposition under Subsection (2)(a) may not:
(i) exceed 90 days after the day on which the juvenile court suspends the disposition for commitment; and
(ii) be extended under any circumstance.
(3) The juvenile court may only lift a suspension of a disposition under Subsection (2)(a):
(a) following adjudication of a new misdemeanor or felony offense committed by the minor during the period of suspension set out under Subsection (2)(a);
(b) if a new assessment or evaluation has been completed and the assessment or evaluation recommends that a higher level of care is needed and nonresidential treatment options have been exhausted or nonresidential treatment options are not appropriate; or
(c) if, after a notice and a hearing, the juvenile court finds:
(i) a new or previous evaluation recommends a higher level of treatment; and
(ii) the minor willfully failed to comply with a lower level of treatment and has been unsuccessfully discharged from treatment.
(4) A suspended disposition under Subsection (1) may not be imposed without:
(a) notice to the minor and the minor's counsel; and
(b) a hearing.
Amended by Chapter 155, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 8 - Commitment and Parole › Section 801 - Commitment to local mental health authority or Utah State Developmental Center.

Effective 5/3/2023
80-6-801.
Commitment to local mental health authority or Utah State Developmental Center.
(1) If a child is committed by the juvenile court to the physical custody, as defined in Section 26B-5-401, of a local mental health authority, or the local mental health authority's designee, Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18, shall govern the commitment and release of the minor.
(2) If a minor is committed to the Utah State Developmental Center, Title 26B, Chapter 6, Part 4, Division of Services for People with Disabilities, shall govern the commitment and release of the minor.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 8 - Commitment and Parole › Section 802 - Commitment to secure care -- Rights of individuals in secure care.

Effective 5/3/2023
80-6-802.
Commitment to secure care -- Rights of individuals in secure care.
(1) If a youth offender is ordered to secure care under Section 80-6-705, the youth offender shall remain in secure care until the youth offender is:
(a) 21 years old;
(b) paroled; or
(c) discharged.
(2) If a serious youth offender is ordered to secure care under Section 80-6-705, the serious youth offender shall remain in secure care until the serious youth offender is:
(a) 25 years old;
(b) paroled; or
(c) discharged.
(3)
(a) Subject to Subsection (3)(b), a juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, has the right to:
(i) phone the juvenile offender's or individual's parent, guardian, or attorney; 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 juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, may visit or phone a person described in Subsection (3)(a);
(ii) allow a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to visit or call persons described in Subsection (3)(a) in special circumstances;
(iii) limit the number and length of calls and visits for a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to persons described in Subsection (3)(a) on account of scheduling, facility, or personnel constraints; or
(iv) limit the juvenile offender's or individual's rights under Subsection (3)(a) if a compelling reason exists to limit the juvenile offender's or individual's rights.
(c) A juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, shall be advised of the rights described in Subsection (3)(a).
Amended by Chapter 139, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 8 - Commitment and Parole › Section 803 - Cost of support and maintenance of a juvenile offender -- Responsibility.

Effective 9/1/2021
80-6-803.
Cost of support and maintenance of a juvenile offender -- Responsibility.
On commitment of a juvenile offender to the division, and on recommendation of the division to the juvenile court, the juvenile court may order the juvenile offender, or the juvenile offender's parent, guardian, or custodian in accordance with Section 78A-6-356, to share in the costs of support and maintenance for the juvenile offender during the juvenile offender's term of commitment.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 8 - Commitment and Parole › Section 805 - Parole procedures -- Conditions of parole.

Effective 9/1/2021
80-6-805.
Parole procedures -- Conditions of parole.
(1)
(a) A juvenile offender shall be served with notice of parole hearings and has the right to personally appear before the authority for parole consideration.
(b) An order or decision of the authority shall be in writing.
(c) A juvenile offender shall be provided written notice of the authority's reasoning and decision in the juvenile offender's case.
(2) A juvenile offender may be paroled to the juvenile offender's home, to an independent living program contracted or operated by the division, to an approved independent living setting, or to other appropriate residences of qualifying relatives or guardians, but shall remain on parole until parole is terminated by the authority in accordance with Section 80-6-804.
(3)
(a) Any condition of parole shall be specified in writing, and agreed to, by the juvenile offender.
(b) An agreement under Subsection (3)(a) shall be evidenced by the signature of the juvenile offender, which shall be affixed to the agreement.
(4) The authority may require a juvenile offender to pay restitution ordered by the juvenile court as a condition of release, placement, or parole.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 8 - Commitment and Parole › Section 806 - Parole revocation -- Hearing -- Procedures.

Effective 9/1/2021
80-6-806.
Parole revocation -- Hearing -- Procedures.
(1)
(a) The authority may only revoke the parole of a juvenile offender after a hearing and upon determination that there has been a violation of law or of a condition of parole by the juvenile offender that warrants the juvenile offender's return to secure care.
(b) The parole revocation hearing shall be held at the secure care facility.
(2)
(a) Before returning a juvenile offender to secure care for a parole revocation or rescission hearing, the division shall provide a prerevocation or prerescission hearing within the vicinity of the alleged violation, to determine whether there is probable cause to believe that the juvenile offender violated the conditions of the juvenile offender's parole.
(b) Upon a finding of probable cause, the juvenile offender may be remanded to secure care, pending a revocation hearing.
(3) The authority shall only proceed with the parole revocation or rescission process in accordance with the system of appropriate responses developed in accordance with Section 80-6-607.
(4) A paroled juvenile offender is entitled to legal representation at the parole revocation hearing, and if the juvenile offender or the juvenile offender's family has requested but cannot afford legal representation, the authority shall appoint legal counsel.
(5)
(a) A juvenile offender:
(i) shall receive timely advance notice of the date, time, place, and reason for the hearing; and
(ii) has the right to appear at the hearing.
(b) The authority shall provide the juvenile offender an opportunity to be heard, to present witnesses and evidence, and to confront and cross-examine adverse witnesses, unless there is good cause for disallowing that confrontation.
(6) Decisions in parole revocation or rescission hearings shall be reached by a majority vote of the present members of the authority.
(7)
(a) The authority may issue a warrant to order any peace officer or division employee to take into custody a juvenile offender alleged to be in violation of parole conditions in accordance with Section 80-6-607.
(b) The division may issue a warrant to any peace officer or division employee to retake a juvenile offender who has escaped from secure care.
(c) Based upon the warrant issued under this Subsection (7), a juvenile offender may be held in a local detention facility for no longer than 48 hours, excluding weekends and legal holidays, to allow time for a prerevocation or prerescission hearing of the alleged parole violation, or in the case of an escapee, arrangement for transportation to secure care.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 8 - Commitment and Parole › Section 807 - Discharge of juvenile offender.

Effective 9/1/2021
80-6-807.
Discharge of juvenile offender.
(1) A juvenile offender may be discharged from the jurisdiction of the division at any time, by written order of the authority, upon a finding that no further purpose would be served by secure care or supervision in a community setting.
(2) A juvenile offender shall be discharged in accordance with Section 80-6-804.
(3) Discharge of a juvenile offender is a complete release of all penalties incurred by adjudication of the offense for which the juvenile offender was committed to secure care.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 8 - Commitment and Parole › Section 808 - Appeal regarding parole release or revocation.

Effective 9/1/2021
80-6-808.
Appeal regarding parole release or revocation.
(1) A juvenile offender, or the parent or guardian of a juvenile offender, may appeal to the executive director of the department, or the executive director's designee, any decision of the authority regarding parole release, rescission, or revocation.
(2) The executive director, or the executive director's designee, may set aside or remand the authority's decision only if the authority's decision is arbitrary, capricious, an abuse of discretion, or contrary to law.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 8 - Commitment and Parole › Section 809 - Division services after termination of custody of a minor.

Effective 5/4/2022
80-6-809.
Division services after termination of custody of a minor.
(1) If a minor is committed to the custody of the division under Section 80-6-703, the division may continue to provide services to the minor, upon the minor's termination from custody of the division, to allow the minor to participate in an educational, rehabilitative, or support program until the minor is 25 years old under an agreement by the division and the minor that the program has certain conditions.
(2) The division shall offer an educational, rehabilitative, or support program to a minor before the minor's termination date.
(3) Even if a minor has been previously declined services or services were terminated for noncompliance:
(a) a minor, who is terminated from custody, may request the services described in this section; and
(b) notwithstanding Subsection (2), the division shall consider a request by a minor under Subsection (3)(a).
(4) If a request is made under Subsection (3), the division may reach an agreement with the minor to provide the services described in this section until the minor is 25 years old.
(5) The division, or the minor, may terminate an agreement for services under this section at any time.
Enacted by Chapter 203, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 9 - Youth Court › Section 901 - Definitions.

Effective 9/1/2021
80-6-901.
Definitions.
As used in this part:
(1) "Adult" means an individual who is 18 years old or older.
(2)
(a) "Gang activity" means any criminal activity that is conducted as part of an organized youth gang.
(b) "Gang activity" includes any criminal activity that is done in concert with other gang members, or done alone if the criminal activity is to fulfill gang purposes.
(c) "Gang activity" does not include graffiti.
(3) "Minor" means an individual who is:
(a) under 18 years old; or
(b) 18 years old and still attending high school.
(4)
(a) "Minor offense" means any unlawful act that is a status offense or an offense that would be a misdemeanor, infraction, or violation of a municipal or county ordinance if committed by an adult.
(b) "Minor offense" does not include:
(i) a class A misdemeanor; or
(ii) a felony of any degree.
(5) "Sponsoring entity" means any political subdivision of the state, including a school or school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or town.
(6) "Status offense" means a violation of the law that would not be a violation but for the age of the offender.
(7) "Youth court" means a diversion program that is an alternative disposition for cases involving minors who have committed minor offenses.
(8) "Youth Court Board" means the board created under Subsection 80-6-907(1).
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 9 - Youth Court › Section 903 - Parental involvement -- Victims -- Restitution.

Effective 9/1/2021
80-6-903.
Parental involvement -- Victims -- Restitution.
(1) A minor appearing before the youth court shall be accompanied by a parent, guardian, or custodian.
(2) A victim shall have the right to attend hearings and be heard.
(3)
(a) Any restitution due to a victim of an offense shall be made in full prior to the time the case is completed by the youth court.
(b) Restitution shall be agreed upon between the minor and the victim.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 9 - Youth Court › Section 904 - Dispositions.

Effective 9/1/2021
80-6-904.
Dispositions.
(1) A youth court may order a disposition for:
(a) compensatory service;
(b) participation in law-related educational classes, appropriate counseling, treatment, or other educational programs;
(c) providing periodic reports to the youth court;
(d) participating in mentoring programs;
(e) participation by the minor as a member of a youth court;
(f) letters of apology;
(g) essays; and
(h) any other disposition considered appropriate by the youth court and adult coordinator.
(2) A youth court may not:
(a) impose a term of imprisonment or detention; or
(b) impose fines.
(3) A disposition by a youth court shall be completed within 180 days from the date of referral.
(4) A disposition by a youth court shall be reduced to writing and signed by the minor and the minor's parent, guardian, or custodian indicating acceptance of the terms of the disposition.
(5)
(a) A youth court shall notify the referring source if a minor fails to successfully complete the youth court's disposition.
(b) The referring source may then take any action the referring source considers appropriate.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 9 - Youth Court › Section 905 - Liability.

Effective 9/1/2021
80-6-905.
Liability.
(1) A person associated with the referral, evaluation, adjudication, disposition, or supervision of matters under this part may not be held civilly liable for any injury occurring to a minor performing compensatory service or any other activity associated with a certified youth court, unless the person causing the injury acted in a willful or wanton manner.
(2) A person participating in a certified youth court shall be considered a volunteer for purposes of Workers' Compensation and other risk-related issues.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 9 - Youth Court › Section 906 - Fees.

Effective 9/1/2021
80-6-906.
Fees.
(1)
(a) A youth court may require that a minor pay a reasonable fee, not to exceed $50, to participate in the youth court.
(b) A fee under Subsection (1) may be reduced or waived by the youth court in exigent circumstances.
(c) A fee under Subsection (1) shall be paid to and accounted for by the sponsoring entity.
(d) Any fees collected shall be used for supplies and any training requirements.
(2) A minor who participates in youth court is responsible for the all expenses of any classes, counseling, treatment, or other educational programs that are the disposition of the youth court.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 9 - Youth Court › Section 908 - Establishing a youth court -- Sponsoring entity responsibilities.

Effective 9/1/2021
80-6-908.
Establishing a youth court -- Sponsoring entity responsibilities.
(1) A youth court may be established by a sponsoring entity or by a private nonprofit entity that contracts with a sponsoring entity.
(2) The sponsoring entity shall:
(a) oversee the formation of the youth court;
(b) provide assistance with the application for certification from the Youth Court Board; and
(c) provide assistance for the training of youth court members.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 10 - Juvenile Records and Expungement › Section 1001 - Definitions.

Effective 10/1/2023
80-6-1001.
Definitions.
As used in this part:
(1) "Abstract" means a copy or summary of a court's disposition.
(2)
(a) "Agency" means a state, county, or local government entity that generates or maintains records for which expungement may be ordered under this part.
(b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for purposes of this part.
(3) "Expunge" means to seal or otherwise restrict access to a record that is part of an individual's juvenile record and in the custody of the juvenile court or an agency.
(4)
(a) "Juvenile record" means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency.
(b) "Juvenile record" does not include a record of an adjudication under Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination and Restoration of Parental Rights.
(5) "Petitioner" means an individual requesting an expungement or vacatur under this part.
Amended by Chapter 115, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 10 - Juvenile Records and Expungement › Section 1001.1 - Court records -- Abstracts.

Effective 10/1/2023
80-6-1001.1.
Court records -- Abstracts.
(1) A court or agency with custody of an individual's record related to an offense that the individual is alleged to have committed, or an offense that the individual committed, before the individual was 18 years old may not disclose the record to a federal agency that is responsible for criminal justice research or proceedings unless the court or the agency is required to share the record under state or federal law.
(2) An abstract of a record for a minor's adjudication of a traffic offense shall be submitted to the Department of Public Safety as provided in Section 53-3-218.
Renumbered and Amended by Chapter 115, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 10 - Juvenile Records and Expungement › Section 1004.2 - Petition to expunge nonjudicial adjustment -- Order.

Effective 10/1/2023
80-6-1004.2.
Petition to expunge nonjudicial adjustment -- Order.
(1) An individual may petition the juvenile court for an order to expunge the individual's juvenile record if:
(a) the individual's juvenile record consists solely of nonjudicial adjustments;
(b) the individual's juvenile record is not eligible for automatic expungement under Section 80-6-1004.5; and
(c) the individual has reached 18 years old.
(2) If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a petition.
(3) Except as provided in Subsection (4), the juvenile court shall grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record.
(4) The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if:
(a) there are delinquency or criminal proceedings pending against the petitioner; or
(b) the petitioner has not satisfied restitution that was a condition of a nonjudicial adjustment in the petitioner's juvenile record.
Enacted by Chapter 115, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 10 - Juvenile Records and Expungement › Section 1004.3 - Petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order.

Effective 10/1/2023
80-6-1004.3.
Petition to expunge arrest, investigation, detention, or delinquency petition -- Screening -- Order.
(1) An individual may petition the juvenile court for an order to expunge the individual's juvenile record if:
(a) the individual's juvenile record consists solely of records of arrest, investigation, detention, or petitions that did not result in adjudication;
(b) the individual was not adjudicated for an offense in the juvenile court; and
(c) the individual has reached 18 years old.
(2) If a petitioner is 18 years old or older and seeks an expungement under Subsection (1), the petition shall include a criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108.
(3) If the juvenile court finds and states on the record the reason why the waiver is appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a petition.
(4)
(a) Upon the filing of a petition described in Subsection (1), the juvenile court shall notify the prosecuting attorney that the petition has been filed.
(b) Within 30 days after the day on which the notification is sent under Subsection (4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner meets the requirements for expungement under this section.
(5) Except as provided in Subsection (6), the juvenile court shall grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if each case identified in the petition:
(a) has been screened by the investigating law enforcement agency and the prosecuting attorney has determined that no charges will be filed against the individual;
(b) resulted in all charges in the case being dismissed with prejudice;
(c) resulted in all charges in the case being dismissed without prejudice or without condition and the prosecuting attorney consents to the expungement; or
(d) is barred from prosecution by the statute of limitations.
(6) The juvenile court may not grant a petition described in Subsection (1) and order expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings pending against the petitioner.
Enacted by Chapter 115, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 10 - Juvenile Records and Expungement › Section 1004.4 - Petition to expunge petition not found to be true -- Order.

Effective 10/1/2023
80-6-1004.4.
Petition to expunge petition not found to be true -- Order.
(1) An individual may petition the juvenile court, at any time, for an order to expunge all records in the individual's juvenile record pertaining to an incident where a petition was filed if:
(a) the incident was presented to the juvenile court for adjudication based upon an admission, plea, or trial;
(b) the juvenile court did not find by beyond a reasonable doubt the allegations in the petition to be true;
(c) at least 30 days have passed since the day on which the juvenile court did not find the allegations in the petition to be true; and
(d) an appeal has not been filed for the petition within the 30-day period described in Subsection (1)(c).
(2) If a petitioner is 18 years old or older and seeks an expungement under Subsection (1), the petition shall include a criminal history report obtained from the Bureau of Criminal Identification in accordance with Section 53-10-108.
(3) The juvenile court shall grant a petition described in Subsection (1), without a hearing, and order expungement of any record in the petitioner's juvenile record pertaining to the incident.
Enacted by Chapter 115, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 10 - Juvenile Records and Expungement › Section 1004.5 - Automatic expungement of successful nonjudicial adjustment -- Effect of successful nonjudicial adjustment.

Effective 10/1/2023
80-6-1004.5.
Automatic expungement of successful nonjudicial adjustment -- Effect of successful nonjudicial adjustment.
(1) Except as provided in Subsection (2), the juvenile court shall issue, without a petition, an order to expunge an individual's juvenile record if:
(a) the individual has reached 18 years old;
(b) the individual's juvenile record consists solely of nonjudicial adjustments;
(c) the individual has successfully completed each nonjudicial adjustment; and
(d) all nonjudicial adjustments were completed on or after October 1, 2023.
(2) An individual's juvenile record is not eligible for expungement under Subsection (1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
(a) Section 41-6a-502, driving under the influence;
(b) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury;
(c) Section 76-5-206, negligent homicide;
(d) Section 76-9-702.1, sexual battery;
(e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; or
(f) Section 76-10-509, possession of a dangerous weapon by a minor.
(3) If an individual's juvenile record consists solely of nonjudicial adjustments that were completed before October 1, 2023:
(a) any nonjudicial adjustment in the individual's juvenile record is considered to never have occurred if:
(i) the individual has reached 18 years old;
(ii) the individual has satisfied restitution that was a condition of any nonjudicial adjustment in the individual's juvenile record; and
(iii) the nonjudicial adjustment was for an offense that is not an offense described in Subsection (2); and
(b) the individual may reply to any inquiry about the nonjudicial adjustment as though there never was a nonjudicial adjustment.
Enacted by Chapter 115, 2023 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 10 - Juvenile Records and Expungement › Section 1007 - Fees.

Effective 9/1/2021
80-6-1007.
Fees.
(1) Except for a filing fee for a petition under this part, the juvenile court may not charge a fee for:
(a) an issuance of an expungement order under this part; or
(b) an expungement of a record under this part.
(2) An agency may not charge a fee for the expungement of a record under this part.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 11 - Interstate Compact for Juveniles › Section 1101 - Interstate Compact for Juveniles -- Execution of compact.

Effective 9/1/2022
80-6-1101.
Interstate Compact for Juveniles -- Execution of compact.
(1) This part is known as the "Interstate Compact for Juveniles."
(2) The governor is authorized and directed to execute a compact on behalf of this state with any other state or states substantially in the form of this part.
Renumbered and Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 11 - Interstate Compact for Juveniles › Section 1108 - Article 7 -- Oversight, enforcement, and dispute resolution by the Interstate Commission.

Effective 9/1/2022
80-6-1108.
Article 7 -- Oversight, enforcement, and dispute resolution by the Interstate Commission.
(1) Section A. Oversight
(a) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor activities being administered in noncompacting states which may significantly affect compacting states.
(b) The courts and executive agencies in each compacting state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission, it shall be entitled to receive all service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes.
(2) Section B. Dispute Resolution
(a) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its by-laws and rules.
(b) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Section 80-6-1110.
Renumbered and Amended by Chapter 334, 2022 General Session