2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 3 - Referral and Prosecution › Section 303.5 - Preliminary inquiry by juvenile probation officer -- Eligibility for nonjudicial adjustment.

Effective 5/3/2023
80-6-303.5.
Preliminary inquiry by juvenile probation officer -- Eligibility for nonjudicial adjustment.
(1) If the juvenile court receives a referral for an offense committed by a minor that is, or appears to be, within the juvenile court's jurisdiction, a juvenile probation officer shall make a preliminary inquiry in accordance with this section to determine whether the minor is eligible to enter into a nonjudicial adjustment.
(2) If a minor is referred to the juvenile court for multiple offenses arising from a single criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for all offenses arising from the single criminal episode.
(3)
(a) The juvenile probation officer may:
(i) conduct a validated risk and needs assessment; and
(ii) request that a prosecuting attorney review a referral in accordance with Section 80-6-304.5 if:
(A) the results of the validated risk and needs assessment indicate the minor is high risk; or
(B) the results of the validated risk and needs assessment indicate the minor is moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Individual, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
(b) If the referral involves an offense that is a violation of Section 41-6a-502, the minor shall:
(i) undergo a drug and alcohol screening;
(ii) if found appropriate by the screening, participate in an assessment; and
(iii) if warranted by the screening and assessment, follow the recommendations of the assessment.
(4) Except for an offense that is not eligible under Subsection (8), the juvenile probation officer shall offer a nonjudicial adjustment to a minor if:
(a) the minor:
(i) is referred for an offense that is a misdemeanor, infraction, or status offense;
(ii) has no more than two prior adjudications; and
(iii) has no more than two prior unsuccessful nonjudicial adjustment attempts; or
(b) the minor is referred for an offense that is alleged to have occurred before the minor was 12 years old.
(5) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment.
(6) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in one or more prior adjudications as a single adjudication.
(7) Except for a referral that involves an offense described in Subsection (8), the juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the criteria described in Subsection (4)(a).
(8) The juvenile probation officer may not offer a minor a nonjudicial adjustment if the referral involves:
(a) an offense alleged to have occurred when the minor was 12 years old or older that is:
(i) a felony offense; or
(ii) a misdemeanor violation of:
(A) Section 41-6a-502, driving under the influence;
(B) Section 76-5-107, threat of violence;
(C) Section 76-5-107.1, threats against schools;
(D) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury;
(E) Section 76-5-206, negligent homicide;
(F) Section 76-9-702.1, sexual battery;
(G) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises;
(H) Section 76-10-506, threatening with or using a dangerous weapon in fight or quarrel;
(I) Section 76-10-507, possession of a deadly weapon with criminal intent;
(J) Section 76-10-509, possession of a dangerous weapon by a minor; or
(K) Section 76-10-509.4, prohibition of possession of certain weapons by minors; or
(b) an offense alleged to have occurred before the minor is 12 years old that is 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.
(9) The juvenile probation officer shall request that a prosecuting attorney review a referral if:
(a) the referral involves an offense described in Subsection (8); or
(b) the minor has a current suspended order for custody under Section 80-6-711.
Enacted by Chapter 161, 2023 General Session