2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 7 - Adjudication and Disposition › Section 704 - Detention or alternative to detention -- Limitations.

Effective 9/1/2021
80-6-704.
Detention or alternative to detention -- Limitations.
(1)
(a) The juvenile court may order a minor to detention, or an alternative to detention, if the minor is adjudicated for:
(i) an offense under Section 80-6-701; or
(ii) contempt of court under Section 78A-6-353.
(b) Except as provided in Subsection 78A-6-353(3), and subject to the juvenile court retaining continuing jurisdiction over a minor's case, the juvenile court may order a minor to detention, or an alternative to detention, under Subsection (1) for a period not to exceed 30 cumulative days for an adjudication.
(c) If a minor is held in detention before an adjudication, the time spent in detention before the adjudication shall be credited toward the 30 cumulative days eligible as a disposition under Subsection (1)(a).
(d) If a minor spent more than 30 days in detention before a disposition under Subsection (1), the juvenile court may not order the minor to detention under this section.
(2) An order for detention under Subsection (1) may not be suspended upon conditions ordered by the juvenile court.
(3) A juvenile court may not order a minor to detention for:
(a) contempt of court, except to the extent permitted under Section 78A-6-353;
(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.
(4)
(a) If a minor is held in detention under this section, the minor is eligible to receive credit for good behavior against the period of detention.
(b) The rate of credit is one day of credit for good behavior for every three days spent in detention.
(5)
(a) A minor may not be held in secure detention following a disposition by the juvenile court:
(i) under Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
(ii) except as provided in Subsection (5)(b), for a community-based program.
(b) If a minor is awaiting placement by the division under Section 80-6-703, a minor may not be held in secure detention for longer than 72 hours, excluding weekends and holidays.
(c) The period of detention under Subsection (5)(b) may be extended by the juvenile court for a cumulative total of seven calendar days if:
(i) the division, or another agency responsible for placement, files a written petition with the juvenile court requesting the extension and setting forth good cause; and
(ii) the juvenile court enters a written finding that it is in the best interests of both the minor and the community to extend the period of detention.
(d) The juvenile court may extend the period of detention beyond the seven calendar days if the juvenile court finds, by clear and convincing evidence, that:
(i) the division, or another agency responsible for placement, does not have space for the minor; and
(ii) the safety of the minor and community requires an extension of the period of detention.
(e) The division, or the agency with custody of the minor, shall report to the juvenile court every 48 hours, excluding weekends and holidays, regarding whether the division, or another agency responsible for placement, has space for the minor.
(f) The division, or agency, requesting an extension shall promptly notify the detention facility that a written petition has been filed.
(g) The juvenile court shall promptly notify the detention facility regarding the juvenile court's initial disposition and any ruling on a petition for an extension, whether granted or denied.
Enacted by Chapter 261, 2021 General Session