2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 2 - Custody and Detention › Section 204 - Detention or confinement of a minor -- Restrictions.

Effective 5/3/2023
80-6-204.
Detention or confinement of a minor -- Restrictions.
(1) Except as provided in Subsection (2) or this chapter, if a child is apprehended by a peace officer, or brought before a court for examination under state law, the child may not be confined:
(a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
(b) in secure care .
(2)
(a) The division shall detain a child in accordance with Sections 80-6-502, 80-6-504, and 80-6-505 if:
(i) the child is charged with an offense under Section 80-6-502 or 80-6-503;
(ii) the district court has obtained jurisdiction over the offense because the child is bound over to the district court under Section 80-6-504; and
(iii) the juvenile or district court orders the detention of the child.
(b)
(i) If a child is detained before a detention hearing, or a preliminary hearing under Section 80-6-504 if a criminal information is filed for the child under Section 80-6-503, the child may only be held in certified juvenile detention accommodations in accordance with rules made by the commission.
(ii) The commission's rules shall include rules for acceptable sight and sound separation from adult inmates.
(iii) The commission shall certify that a correctional facility is in compliance with the commission's rules.
(iv) This Subsection (2)(b) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a).
(3)
(a) In an area of low density population, the commission may, by rule, approve a juvenile detention accommodation within a correctional facility that has acceptable sight and sound separation.
(b) An accommodation described in Subsection (3)(a) shall be used only:
(i) for short-term holding of a child who is alleged to have committed an act that would be a criminal offense if committed by an adult; and
(ii) for a maximum confinement period of six hours.
(c) A child may only be held in an accommodation described in Subsection (3)(a) for:
(i) identification;
(ii) notification of a juvenile court official;
(iii) processing; and
(iv) allowance of adequate time for evaluation of needs and circumstances regarding the release or transfer of the child to a shelter or detention facility.
(d) This Subsection (3) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a).
(4)
(a) If a child is alleged to have committed an act that would be a criminal offense if committed by an adult, a law enforcement officer or agency may detain the child in a holding room in a local law enforcement agency facility for no longer than four hours:
(i) for identification or interrogation; or
(ii) while awaiting release to a parent or other responsible adult.
(b) A holding room described in Subsection (4)(a) shall be certified by the commission in accordance with the commission's rules.
(c) The commission's rules shall include provisions for constant supervision and for sight and sound separation from adult inmates.
(5) Willful failure to comply with this section is a class B misdemeanor.
(6)
(a) The division is responsible for the custody and detention of:
(i) a child who requires detention before trial or examination, or is placed in secure detention after an adjudication under Section 80-6-704; and
(ii) a juvenile offender under Subsection 80-6-806(7).
(b) Subsection (6)(a) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a).
(c)
(i) The commission shall provide standards for custody or detention under Subsections (2)(b), (3), and (4).
(ii) The division shall determine and set standards for conditions of care and confinement of children in detention facilities.
(d)
(i) The division, or a public or private agency willing to undertake temporary custody or detention upon agreed terms in a contract with the division, shall provide all other custody or detention in suitable premises distinct and separate from the general jails, lockups, or cells used in law enforcement and corrections systems.
(ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a).
(7) Except as otherwise provided by this chapter, if an individual who is, or appears to be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official, in charge of the correctional facility shall:
(a) immediately notify the juvenile court of the individual; and
(b) make arrangements for the transfer of the individual to a detention facility, unless otherwise ordered by the juvenile court.
Amended by Chapter 436, 2023 General Session