Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 239 Third Substitute (2017GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• addresses duties of prosecutors;
• modifies adjudications of minors under the Alcoholic Beverage Control Act;
• amends provisions related to sanctions and driver licenses;
• addresses education of certain persons under 21 years of age;
• amends provisions related to powers and duties of local school boards, charter school governing boards, school districts, or public school administrators;
• addresses reporting of certain conduct;
• addresses public school discipline policies;
• modifies provisions related to rules addressing prohibited conduct;
• enacts an approach to disciplinary actions related to students;
• amends provisions related to disruptive student behavior;
• addresses contracts between LEAs and law enforcement for school resource officer services;
• modifies provisions related to controlled substances and prohibited acts;
• modifies sentencing requirements for minors and drug paraphernalia and controlled substances;

Every vote on this bill

Bill text

JUVENILE JUSTICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies provisions related to juvenile justice.
Highlighted Provisions:
This bill:
▸ addresses duties of prosecutors;
▸ modifies adjudications of minors under the Alcoholic Beverage Control Act;
▸ amends provisions related to sanctions and driver licenses;
▸ addresses education of certain persons under 21 years of age;
▸ amends provisions related to powers and duties of local school boards, charter
school governing boards, school districts, or public school administrators;
▸ addresses reporting of certain conduct;
▸ addresses public school discipline policies;
▸ modifies provisions related to rules addressing prohibited conduct;
▸ enacts an approach to disciplinary actions related to students;
▸ amends provisions related to disruptive student behavior;
▸ addresses contracts between LEAs and law enforcement for school resource officer
services;
▸ modifies provisions related to controlled substances and prohibited acts;
▸ modifies sentencing requirements for minors and drug paraphernalia and controlled
substances;
▸ repeals language regarding programs and procedures for minors committed to the
custody of the Division of Child and Family Services;
▸ amends provisions related to in-home services;
▸ amends definition provisions;
▸ addresses expenditure of money by the Department of Human Services;
▸ modifies provisions related to the Division of Juvenile Justice Services;
▸ modifies provisions related to restitution by a youth offender;
▸ addresses location of detention facilities and services;
▸ addresses commitment;
▸ modifies provisions related to the Youth Parole Authority;
▸ addresses discharge of youth offender;
▸ addresses youth services for prevention and early intervention;
▸ addresses community-based programs;
▸ modifies provisions related to the Commission on Criminal and Juvenile Justice;
▸ amends provisions related to minors and intoxication;
▸ amends provisions related to the buying and possession of a cigar, cigarette,
electronic cigarette, or tobacco;
▸ addresses the jurisdiction of the juvenile court;
▸ enacts language regarding warrants;
▸ addresses when a minor may be taken into custody;
▸ addresses summons;
▸ repeals language regarding bench warrants;
▸ modifies provisions related to minors being taken into custody or detention or
alternatives;
▸ addresses when the attorney general represents the Division of Child and Family
Services;
▸ modifies provisions related to the adjudication in juvenile courts;
▸ addresses a judgment, decree, or order and the rights and responsibilities of agency
or individual granted custody, probation, or protective supervision;
▸ addresses fines, fees, and restitution;
▸ enacts provisions related to case planning and appropriate responses;
▸ enacts provisions related to detention risk assessment tool;
▸ amends provisions related to prosecutors and review of case;
▸ modifies the citation procedure;
▸ addresses a minor held in detention;
▸ modifies suspension of driver license;
▸ modifies jurisdiction of district court;
▸ modifies enforcement of contempt or a fine, fee, or restitution;
▸ addresses youth court;
▸ addresses jurisdiction of courts; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
17-18a-404
, as enacted by Laws of Utah 2013, Chapter 237
32B-4-409
, as last amended by Laws of Utah 2015, Chapter 165
32B-4-410
, as last amended by Laws of Utah 2015, Chapter 165
32B-4-411
, as last amended by Laws of Utah 2015, Chapter 165
53A-1-403
, as last amended by Laws of Utah 2011, Chapter 359
53A-3-402
, as last amended by Laws of Utah 2016, Chapter 144
53A-11-101.7
, as last amended by Laws of Utah 2014, Chapter 359
53A-11-103
, as last amended by Laws of Utah 2012, Chapter 203
53A-11-105
, as last amended by Laws of Utah 2008, Chapter 3
53A-11-403
, as enacted by Laws of Utah 1988, Chapter 2
53A-11-901
, as last amended by Laws of Utah 2015, Chapter 442
53A-11-908
, as last amended by Laws of Utah 2010, Chapter 114
53A-11-910
, as last amended by Laws of Utah 2008, Chapter 250
53A-11-1302
, as renumbered and amended by Laws of Utah 2008, Chapter 3
53A-11-1604
, as enacted by Laws of Utah 2016, Chapter 165
58-37-8
, as last amended by Laws of Utah 2016, Chapters 99 and 348
58-37a-7
, as enacted by Laws of Utah 2015, Chapter 165
58-37b-9
, as enacted by Laws of Utah 2015, Chapter 165
62A-4a-105
, as last amended by Laws of Utah 2016, Chapter 296
62A-4a-201
, as last amended by Laws of Utah 2015, Chapter 274
62A-4a-202
, as last amended by Laws of Utah 2014, Chapter 265
62A-4a-208
, as last amended by Laws of Utah 2009, Chapter 75
62A-4a-250
, as last amended by Laws of Utah 2008, Chapter 3
62A-7-101
, as last amended by Laws of Utah 2008, Chapter 3
62A-7-104
, as last amended by Laws of Utah 2015, Chapter 210
62A-7-107.5
, as renumbered and amended by Laws of Utah 2005, Chapter 13
62A-7-109.5
, as renumbered and amended by Laws of Utah 2005, Chapter 13
62A-7-201
, as last amended by Laws of Utah 2015, Chapter 338
62A-7-202
, as last amended by Laws of Utah 2008, Chapter 382
62A-7-404
, as renumbered and amended by Laws of Utah 2005, Chapter 13
62A-7-501
, as last amended by Laws of Utah 2010, Chapter 286
62A-7-504
, as renumbered and amended by Laws of Utah 2005, Chapter 13
62A-7-506
, as renumbered and amended by Laws of Utah 2005, Chapter 13
62A-7-601
, as renumbered and amended by Laws of Utah 2005, Chapter 13
62A-7-701
, as renumbered and amended by Laws of Utah 2005, Chapter 13
63I-2-262
, as last amended by Laws of Utah 2015, Chapter 258
63M-7-204
, as last amended by Laws of Utah 2015, Chapter 412
63M-7-404
, as last amended by Laws of Utah 2015, Chapter 412
76-5-413
, as last amended by Laws of Utah 2008, Chapter 3
76-9-701
, as last amended by Laws of Utah 2015, Chapter 165
76-10-105
, as last amended by Laws of Utah 2010, Chapter 114
78A-6-103
, as last amended by Laws of Utah 2012, Chapter 316
78A-6-105
, as last amended by Laws of Utah 2016, Chapters 109 and 351
78A-6-109
, as last amended by Laws of Utah 2009, Chapter 388
78A-6-111
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-112
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-113
, as last amended by Laws of Utah 2010, Chapter 38
78A-6-115
, as last amended by Laws of Utah 2010, Chapter 34
78A-6-117
, as last amended by Laws of Utah 2016, Chapter 418
78A-6-118
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-119
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-120
, as last amended by Laws of Utah 2014, Chapter 217
78A-6-121
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-302
, as last amended by Laws of Utah 2016, Chapter 231
78A-6-306
, as last amended by Laws of Utah 2015, Chapter 274
78A-6-312
, as last amended by Laws of Utah 2016, Chapter 231
78A-6-401
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-602
, as last amended by Laws of Utah 2013, Chapter 237
78A-6-603
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-604
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-606
, as last amended by Laws of Utah 2015, Chapters 165 and 258
78A-6-701
, as last amended by Laws of Utah 2015, Chapter 338
78A-6-1101
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-1202
, as last amended by Laws of Utah 2010, Chapter 276
78A-6-1203
, as last amended by Laws of Utah 2013, Chapter 27
78A-6-1302
, as last amended by Laws of Utah 2013, Chapter 278
78A-7-106
, as last amended by Laws of Utah 2016, Chapter 33
ENACTS:
53A-11-911
, Utah Code Annotated 1953
62A-1-111.5
, Utah Code Annotated 1953
63M-7-208
, Utah Code Annotated 1953
78A-6-106.5
, Utah Code Annotated 1953
78A-6-117.5
, Utah Code Annotated 1953
78A-6-123
, Utah Code Annotated 1953
78A-6-124
, Utah Code Annotated 1953
Utah Code Sections Affected by Revisor Instructions:
62A-1-111.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-18a-404
 is amended to read:
17-18a-404.
Juvenile proceedings.
For a proceeding involving a charge of juvenile delinquency, [
a public
] 
infraction, or a
status offense, a
 prosecutor shall
:
(1) review cases pursuant to Section 
78A-6-602
; and
(2)
 appear and prosecute for the state in the juvenile court of the county.
Section 2. Section 
32B-4-409
 is amended to read:
32B-4-409.
Unlawful purchase, possession, consumption by minor -- Measurable
amounts in body.
(1) Unless specifically authorized by this title, it is unlawful for a minor to:
(a) purchase an alcoholic product;
(b) attempt to purchase an alcoholic product;
(c) solicit another person to purchase an alcoholic product;
(d) possess an alcoholic product;
(e) consume an alcoholic product; or
(f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
(2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic
product for a minor for:
(a) a minor to misrepresent the minor's age; or
(b) any other person to misrepresent the age of a minor.
(3) It is unlawful for a minor to possess or consume an alcoholic product while riding
in a limousine or chartered bus.
(4) (a) If a minor is found by a court to have violated this section and the violation is
the minor's first violation of this section, the court may:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance [
abuse
] 
use disorder
 treatment as indicated by an assessment.
(b) If a minor is found by a court to have violated this section and the violation is the
minor's second or subsequent violation of this section, the court shall:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance [
abuse
] 
use disorder
 treatment as indicated by an assessment.
(5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
found by a court to have violated this section, except as provided in Section 
32B-4-411
, the
court hearing the case shall suspend the minor's driving privileges under Section 
53-3-219
.
(b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the
suspension period required under Section 
53-3-219
 if:
(i) the violation is the minor's first violation of this section; and
(ii) (A) the minor completes an educational series as defined in Section 
41-6a-501
; or
(B) the minor demonstrates substantial progress in substance [
abuse
] 
use disorder
treatment.
(c) Notwithstanding the requirement in Subsection (5)(a) and in accordance with the
requirements of Section 
53-3-219
, the court may reduce the suspension period required under
Section 
53-3-219
 if:
(i) the violation is the minor's second or subsequent violation of this section;
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance [
abuse
] 
use disorder
 treatment; and
(iii) (A) the person is 18 years of age or older and provides a sworn statement to the
court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
consecutive period during the suspension period imposed under Subsection (5)(a); or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
one-year consecutive period during the suspension period imposed under Subsection (5)(a).
(6) When a minor who is [
at least 13 years old, but
] younger than 18 years old[
,
] is
found by the court to have violated this section, Section 
78A-6-606
 applies to the violation.
(7) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section
78A-6-117
, the court may only order substance use disorder treatment or an educational series
if the minor has an assessed need for the intervention on the basis of the results of a validated
assessment.
[
(7)
] 
(8)
 When a court issues an order suspending a person's driving privileges for a
violation of this section, the Driver License Division shall suspend the person's license under
Section 
53-3-219
.
[
(8)
] 
(9)
 When the Department of Public Safety receives the arrest or conviction record
of a person for a driving offense committed while the person's license is suspended pursuant to
this section, the Department of Public Safety shall extend the suspension for an additional like
period of time.
[
(9)
] 
(10)
 This section does not apply to a minor's consumption of an alcoholic product
in accordance with this title:
(a) for medicinal purposes if:
(i) the minor is at least 18 years old; or
(ii) the alcoholic product is furnished by:
(A) the parent or guardian of the minor; or
(B) the minor's health care practitioner, if the health care practitioner is authorized by
law to write a prescription; or
(b) as part of a religious organization's religious services.
Section 3. Section 
32B-4-410
 is amended to read:
32B-4-410.
Unlawful admittance or attempt to gain admittance by minor.
(1) It is unlawful for a minor to gain admittance or attempt to gain admittance to the
premises of:
(a) a tavern; or
(b) a social club licensee, except to the extent authorized by Section 
32B-6-406.1
.
(2) A minor who violates this section is guilty of a class C misdemeanor.
(3) (a) If a minor is found by a court to have violated this section and the violation is
the minor's first violation of this section, the court may:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance [
abuse
] 
use disorder
 treatment as indicated by an assessment.
(b) If a minor is found by a court to have violated this section and the violation is the
minor's second or subsequent violation of this section, the court shall:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance [
abuse
] 
use disorder
 treatment as indicated by an assessment.
(4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
found by a court to have violated this section, except as provided in Section 
32B-4-411
, the
court hearing the case shall suspend the minor's driving privileges under Section 
53-3-219
.
(b) Notwithstanding [
the provision in
] Subsection (4)(a), the court may reduce the
suspension period required under Section 
53-3-219
 if:
(i) the violation is the minor's first violation of this section; and
(ii) (A) the minor completes an educational series as defined in Section 
41-6a-501
; or
(B) the minor demonstrates substantial progress in substance [
abuse
] 
use disorder
treatment.
(c) Notwithstanding [
the requirement in
] Subsection (4)(a) and in accordance with [
the
requirements of
] Section 
53-3-219
, the court may reduce the suspension period required under
Section 
53-3-219
 if:
(i) the violation is the minor's second or subsequent violation of this section;
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance [
abuse
] 
use disorder
 treatment; and
(iii) (A) the person is 18 years of age or older and provides a sworn statement to the
court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
consecutive period during the suspension period imposed under Subsection (4)(a); or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
one-year consecutive period during the suspension period imposed under Subsection (4)(a).
(5) When a minor who is [
at least 13 years old, but
] younger than 18 years old[
,
] is
found by a court to have violated this section, Section 
78A-6-606
 applies to the violation.
(6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
78A-6-117
, the court may only order substance use disorder treatment or an educational series
if the minor has an assessed need for the intervention on the basis of the results of a validated
assessment.
[
(6)
] 
(7)
 When a court issues an order suspending a person's driving privileges for a
violation of this section, the Driver License Division shall suspend the person's license under
Section 
53-3-219
.
[
(7)
] 
(8)
 When the Department of Public Safety receives the arrest or conviction record
of a person for a driving offense committed while the person's license is suspended pursuant to
this section, the Department of Public Safety shall extend the suspension for an additional like
period of time.
Section 4. Section 
32B-4-411
 is amended to read:
32B-4-411.
Minor's unlawful use of proof of age.
(1) As used in this section, "proof of age violation" means a violation by a minor of:
(a) Chapter 1, Part 4, Proof of Age Act; or
(b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
Part 4, Proof of Age Act:
(i) Section 
32B-4-409
; or
(ii) Section 
32B-4-410
.
(2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
penalties provided for in Subsection (1):
(a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
(ii) for a second violation, the minor is guilty of a class A misdemeanor; and
(iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
except that the court may impose:
(A) a fine of up to $5,000;
(B) screening, assessment, or substance [
abuse
] 
use disorder
 treatment, as defined in
Section 
41-6a-501
;
(C) an educational series, as defined in Section 
41-6a-501
;
(D) alcoholic product related community service or compensatory service work
program hours;
(E) fees for restitution and treatment costs;
(F) defensive driver education courses; or
(G) a combination of these penalties; and
(b) (i) for a minor who is [
at least 13 years old, but
] younger than 18 years old:
(A) the court [
shall
] 
may
 forward to the Driver License Division a record of an
adjudication under Title 78A, Chapter 6, Juvenile Court Act [
of 1996
], for a violation under
this section; and
(B) the provisions regarding suspension of a driver license under Section 
78A-6-606
apply; and
(ii) for a minor who is at least 18 years old, but younger than 21 years old:
(A) the court shall forward to the Driver License Division a record of conviction for a
violation under this section; and
(B) the Driver License Division shall suspend the person's license under Section
53-3-220
.
(c) Notwithstanding Subsection (2)(a), if a minor is adjudicated under Section
78A-6-117
, the court may order:
(i) substance use disorder treatment or an educational series only if the minor has an
assessed need for the intervention based on the results of a validated assessment; and
(ii) a fine, fee, service hours, or costs in accordance with Section 
78A-6-117
.
(3) (a) Notwithstanding [
the requirement in
] Subsection (2)(b), the court may reduce
the suspension period under Subsection 
53-3-220
(1)(e) or 
78A-6-606
(3)(d) if:
(i) the violation is the minor's first violation of [
Section 
32B-4-411
] 
this section
; and
(ii) (A) the minor completes an educational series as defined in Section 
41-6a-501
; or
(B) the minor demonstrates substantial progress in substance [
abuse
] 
use disorder
treatment.
(b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
suspension period under Subsection 
53-3-220
(1)(e) or 
78A-6-606
(3)(d) if:
(i) the violation is the minor's second or subsequent violation of [
Section 
32B-4-411
]
this section
;
(ii) the person has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance [
abuse
] 
use disorder
 treatment; and
(iii) (A) the person is 18 years of age or older and provides a sworn statement to the
court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
consecutive period during the suspension period imposed under Subsection 
53-3-220
(1)(e) or
78A-6-606
(3)(d); or
(B) the minor is under 18 years of age and has the minor's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a
one-year consecutive period during the suspension period imposed under Subsection
53-3-220
(1)(e) or 
78A-6-606
(3)(d).
(4) When the Department of Public Safety receives the arrest or conviction record of an
individual for a driving offense committed while the individual's license is suspended pursuant
to this section, the Department of Public Safety shall extend the suspension for an additional
like period of time.
(5) A court may not fail to enter a judgment of conviction under this section under a
plea in abeyance agreement.
Section 5. Section 
53A-1-403
 is amended to read:
53A-1-403.
Education of persons under 21 in custody of or receiving services
from certain state agencies -- Establishment of coordinating council -- Advisory councils.
(1) For purposes of this section, "board" means the State Board of Education.
(2) (a) The board is directly responsible for the education of all persons under the age
of 21 who are:
(i) [
in the custody of
] 
receiving services from
 the Department of Human Services;
(ii) in the custody of an equivalent agency of a Native American tribe recognized by
the United States Bureau of Indian Affairs and whose custodial parent or legal guardian resides
within the state; or
(iii) being held in a juvenile detention facility.
(b) The board shall adopt rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to provide for the distribution of funds for the education of
persons described in Subsection (2)(a).
(3) Subsection (2)(a)(ii) does not apply to persons taken into custody for the primary
purpose of obtaining access to education programs provided for youth in custody.
(4) The board shall, where feasible, contract with school districts or other appropriate
agencies to provide educational, administrative, and supportive services, but the board shall
retain responsibility for the programs.
(5) The Legislature shall establish and maintain separate education budget categories
for youth in custody 
or
 who are under the jurisdiction of the following state agencies:
(a) detention centers and the Divisions of Juvenile Justice Services and Child and
Family Services;
(b) the Division of Substance Abuse and Mental Health; and
(c) the Division of Services for People with Disabilities.
(6) (a) The Department of Human Services and the State Board of Education shall
appoint a coordinating council to plan, coordinate, and recommend budget, policy, and
program guidelines for the education and treatment of persons in the custody of the Division of
Juvenile Justice Services and the Division of Child and Family Services.
(b) The department and board may appoint similar councils for those in the custody of
the Division of Substance Abuse and Mental Health or the Division of Services for People with
Disabilities.
(7) A school district contracting to provide services under Subsection (4) shall
establish an advisory council to plan, coordinate, and review education and treatment programs
for persons held in custody in the district.
Section 6. Section 
53A-3-402
 is amended to read:
53A-3-402.
Powers and duties generally.
(1) [
Each
] 
A
 local school board shall:
(a) implement the core standards for Utah public schools [
utilizing
] 
using
 instructional
materials that best correlate to the core standards for Utah public schools and graduation
requirements;
(b) administer tests, required by the State Board of Education, which measure the
progress of each student, and coordinate with the state superintendent and State Board of
Education to assess results and create plans to improve the student's progress, which shall be
submitted to the State Board of Education for approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state, and local
resources to implement remediation;
(d) develop early warning systems for students or classes failing to make progress;
(e) work with the State Board of Education to establish a library of documented best
practices, consistent with state and federal regulations, for use by the local districts; and
(f) implement training programs for school administrators, including basic
management training, best practices in instructional methods, budget training, staff
management, managing for learning results and continuous improvement, and how to help
every child achieve optimal learning in basic academic subjects.
(2) Local school boards shall spend minimum school program funds for programs and
activities for which the State Board of Education has established minimum standards or rules
under Section 
53A-1-402
.
(3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
and equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on board resolution
affirmed by at least two-thirds of the members.
(4) (a) A board may participate in the joint construction or operation of a school
attended by children residing within the district and children residing in other districts either
within or outside the state.
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the State Board of Education.
(5) A board may establish, locate, and maintain elementary, secondary, and applied
technology schools.
(6) Except as provided in Section 
53A-1-1001
, a board may enroll children in school
who are at least five years of age before September 2 of the year in which admission is sought.
(7) A board may establish and support school libraries.
(8) A board may collect damages for the loss, injury, or destruction of school property.
(9) A board may authorize guidance and counseling services for children and their
parents or guardians [
prior to
] 
before
, during, or following enrollment of the children in
schools.
(10) (a) A board shall administer and implement federal educational programs in
accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education
Programs Act.
(b) Federal funds are not considered funds within the school district budget under Title
53A, Chapter 19, Public School Budgets.
(11) (a) A board may organize school safety patrols and adopt rules under which the
patrols promote student safety.
(b) A student appointed to a safety patrol shall be at least 10 years old and have written
parental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
of a highway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
the program by virtue of the organization, maintenance, or operation of a school safety patrol.
(12) (a) A board may on its own behalf, or on behalf of an educational institution for
which the board is the direct governing body, accept private grants, loans, gifts, endowments,
devises, or bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(13) (a) A board may appoint and fix the compensation of a compliance officer to issue
citations for violations of Subsection 
76-10-105
(2).
(b) A person may not be appointed to serve as a compliance officer without the
person's consent.
(c) A teacher or student may not be appointed as a compliance officer.
(14) A board shall adopt bylaws and rules for [
its
] 
the board's
 own procedures.
(15) (a) A board shall make and enforce rules necessary for the control and
management of the district schools.
(b) [
All board
] 
Board
 rules and policies shall be in writing, filed, and referenced for
public access.
(16) A board may hold school on legal holidays other than Sundays.
(17) (a) [
Each
] 
A
 board shall establish for each school year a school traffic safety
committee to implement this Subsection (17).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from school community councils, parents, teachers, and others
and recommend school traffic safety improvements, boundary changes to enhance safety, and
school traffic safety program measures;
(ii) review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary, middle, and junior
high school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services and
provide training to all school children in kindergarten through grade six, within the district, on
school crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department of
Transportation under Section 
41-6a-303
.
(d) The committee may establish subcommittees as needed to assist in accomplishing
its duties under Subsection (17)(c).
(18) (a) [
Each
] 
A
 school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in [
its
] 
the school board's
 public schools, on
school grounds, on its school vehicles, and in connection with school-related activities or
events.
(b) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline policies required for school
districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
(iii) require inservice training for all district and school building staff on what their
roles are in the emergency response plan;
(iv) provide for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas and activities
referred to in Subsection (18)(a); and
(v) include procedures to notify a student, to the extent practicable, who is off campus
at the time of a school violence emergency because the student is:
(A) participating in a school-related activity; or
(B) excused from school for a period of time during the regular school day to
participate in religious instruction at the request of the student's parent or guardian.
(c) The State Board of Education, through the state superintendent of public
instruction, shall develop comprehensive emergency response plan models that local school
boards may use, where appropriate, to comply with Subsection (18)(a).
(d) [
Each
] 
A
 local school board shall, by July 1 of each year, certify to the State Board
of Education that its plan has been practiced at the school level and presented to and reviewed
by its teachers, administrators, students, and their parents and local law enforcement and public
safety representatives.
(19) (a) [
Each
] 
A
 local school board may adopt an emergency response plan for the
treatment of sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency
equipment components;
(ii) require inservice training on the emergency response plan for school personnel who
are involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured while
participating in sports events.
(d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
review the plan each year and make revisions when required to improve or enhance the plan.
(e) The State Board of Education, through the state superintendent of public
instruction, shall provide local school boards with an emergency plan response model that local
boards may use to comply with the requirements of this Subsection (19).
(20) A board shall do all other things necessary for the maintenance, prosperity, and
success of the schools and the promotion of education.
(21) (a) Before closing a school or changing the boundaries of a school, a board shall:
(i) hold a public hearing, as defined in Section 
10-9a-103
; and
(ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
(b) The notice of a public hearing required under Subsection (21)(a) shall:
(i) indicate the:
(A) school or schools under consideration for closure or boundary change; and
(B) date, time, and location of the public hearing; and
(ii) at least 10 days [
prior to
] 
before
 the public hearing, be:
(A) published:
(I) in a newspaper of general circulation in the area; and
(II) on the Utah Public Notice Website created in Section 
63F-1-701
; and
(B) posted in at least three public locations within the municipality or on the district's
official website.
(22) A board may implement a facility energy efficiency program established under
Title 11, Chapter 44, Performance Efficiency Act.
(23) A board may establish or partner with a certified youth court program, in
accordance with Section 
78A-6-1203
, or establish or partner with a comparable restorative
justice program, in coordination with schools in that district. A school may refer a student to
youth court or a comparable restorative justice program in accordance with Section
53A-11-911
.
Section 7. Section 
53A-11-101.7
 is amended to read:
53A-11-101.7.
Truancy -- Notice of truancy -- Failure to cooperate with school
authorities.
(1) Except as provided in Section 
53A-11-102
 or 
53A-11-102.5
, a school-age minor
who is enrolled in a public school shall attend the public school in which the school-age minor
is enrolled.
(2) A local school board, charter school governing board, or school district may impose
administrative penalties on a school-age minor 
in accordance with Section 
53A-11-911
 who is
truant.
(3) A local school board or charter school governing board:
(a) may authorize a school administrator, a designee of a school administrator, a law
enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
of truancy to school-age minors who are at least 12 years old; and
(b) shall establish a procedure for a school-age minor, or the school-age minor's
parents, to contest a notice of truancy.
(4) The notice of truancy described in Subsection (3):
(a) may not be issued until the school-age minor has been truant at least five times
during the school year;
(b) may not be issued to a school-age minor who is less than 12 years old;
(c) may not be issued to a minor exempt from school attendance as provided in Section
53A-11-102
 or 
53A-11-102.5
;
(d) shall direct the school-age minor and the parent of the school-age minor to:
(i) meet with school authorities to discuss the school-age minor's truancies; and
(ii) cooperate with the school board, local charter board, or school district in securing
regular attendance by the school-age minor; and
(e) shall be mailed to, or served on, the school-age minor's parent.
[
(5) (a) Except as provided in Subsection (5)(b), a habitual truant citation may be
issued to a habitual truant if:
]
[
(i) the local school board, charter school governing board, or school district has made
reasonable efforts, under Section 
53A-11-103
, to resolve the school attendance problems of the
habitual truant; and
]
[
(ii) the efforts to resolve the school attendance problems, described in Subsection
(5)(a)(i), have not been successful.
]
[
(b) A habitual truant citation may not be issued to a habitual truant if the habitual
truant:
]
[
(i) has at least a 3.5 cumulative grade point average; and
]
[
(ii) is at least 16 years old.
]
[
(6) A habitual truant to whom a habitual truant citation is issued under Subsection
(5):
]
[
(a) shall be referred to the juvenile court for violation of Subsection (1); and
]
[
(b) is subject to the jurisdiction of the juvenile court.
]
[
(7) A notice of truancy or a habitual truant citation may only be issued by:
]
[
(a) a school administrator, or a truancy specialist, who is authorized by a local school
board or charter school governing board;
]
[
(b) a designee of a school administrator described in Subsection (7)(a); or
]
[
(c) a law enforcement officer acting as a school resource officer.
]
[
(8)
] 
(5)
 Nothing in this part prohibits a local school board, charter school governing
board, or school district from taking action to resolve a truancy problem with a school-age
minor who has been truant less than five times, provided that the action does not conflict with
the requirements of this part.
[
(9) Nothing in this part allows a local school board or charter school governing board
to issue a citation pursuant to this section if the minor is exempt from school attendance as
provided in Section 
53A-11-102
 or 
53A-11-102.5
.
]
Section 8. Section 
53A-11-103
 is amended to read:
53A-11-103.
Duties of a school board, local charter board, or school district in
resolving attendance problems -- Parental involvement -- Liability not imposed.
(1) (a) Except as provided in Subsection (1)(b), a local school board, local charter
board, or school district shall make efforts to resolve the school attendance problems of each
school-age minor who is, or should be, enrolled in the school district.
(b) A minor exempt from school attendance under Section 
53A-11-102
 or
53A-11-102.5
 is not considered to be a minor who is or should be enrolled in a school district
or charter school under Subsection (1)(a).
(2) The efforts described in Subsection (1) shall include, as reasonably feasible:
(a) counseling of the minor by school authorities;
(b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
accordance with Section 
53A-11-101.7
;
[
(c) issuing a habitual truant citation, in accordance with Section 
53A-11-101.7
;
]
[
(d)
] 
(c)
 issuing a notice of compulsory education violation to a parent of a school-age
child, in accordance with Section 
53A-11-101.5
;
[
(e)
] 
(d)
 making any necessary adjustment to the curriculum and schedule to meet
special needs of the minor;
[
(f)
] 
(e)
 considering alternatives proposed by a parent;
[
(g)
] 
(f)
 monitoring school attendance of the minor;
[
(h)
] 
(g)
 voluntary participation in truancy mediation, if available; and
[
(i)
] 
(h)
 providing a school-age minor's parent, upon request, with a list of resources
available to assist the parent in resolving the school-age minor's attendance problems.
(3) In addition to the efforts described in Subsection (2), the local school board, local
charter board, or school district may enlist the assistance of community and law enforcement
agencies as appropriate and reasonably feasible 
in accordance with Section 
53A-11-911
.
(4) This section [
shall
] 
does
 not impose [
any
] civil liability on boards of education,
local school boards, local charter boards, school districts, or their employees.
(5) Proceedings initiated under this part do not obligate or preclude action by the
Division of Child and Family Services under Section 
78A-6-319
.
Section 9. Section 
53A-11-105
 is amended to read:
53A-11-105.
Taking custody of a person believed to be a truant minor --
Disposition -- Reports -- Immunity from liability.
(1) A peace officer or public school administrator may take a minor into temporary
custody if there is reason to believe the minor is a truant minor.
(2) An individual taking a school-age minor into custody under Subsection (1) shall,
without unnecessary delay, release the minor to:
(a) the principal of the minor's school;
(b) a person who has been designated by the local school board or local charter board
to receive and return the minor to school; or
(c) a [
receiving
] 
truancy
 center established under Subsection (5).
(3) If the minor refuses to return to school or go to the [
receiving
] 
truancy
 center, the
officer or administrator shall, without unnecessary delay, notify the minor's parents and release
the minor to their custody.
(4) If the parents cannot be reached or are unable or unwilling to accept custody 
and
none of the options in Subsection (2) are available
, the minor shall be referred to the Division
of Child and Family Services.
(5) (a) A local school board or local charter board, singly or jointly with another school
board, may establish or designate [
receiving
] 
truancy
 centers within existing school buildings
and staff the centers with existing teachers or staff to provide educational guidance and
counseling for truant minors. Upon receipt of a truant minor, the center shall, without
unnecessary delay, notify and direct the minor's parents to come to the center, pick up the
minor, and return the minor to the school in which the minor is enrolled.
(b) If the parents cannot be reached or are unable or unwilling to comply with the
request within a reasonable time, the center shall take such steps as are reasonably necessary to
insure the safety and well being of the minor, including, when appropriate, returning the minor
to school or referring the minor to the Division of Child and Family Services. A minor taken
into custody under this section may not be placed in a detention center or other secure
confinement facility.
(6) Action taken under this section shall be reported to the appropriate school district. 
The district shall promptly notify the minor's parents of the action taken.
(7) The Utah Governmental Immunity Act applies to all actions taken under this
section.
(8) Nothing in this section may be construed to grant authority to a public school
administrator to place a minor in the custody of the Division of Child and Family Services,
without complying with [
the provisions of
] Title 62A, Chapter 4a, Part 2, Child Welfare
Services, [
and Part 2a, Minors in Custody on Grounds Other Than Abuse or Neglect,
] and [
of
]
Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings[
, and Part 4,
Minors in Custody on Grounds Other Than Abuse or Neglect
].
Section 10. Section 
53A-11-403
 is amended to read:
53A-11-403.
Reporting procedure.
(1) The principal of a public school affected by this chapter shall appoint one educator
as the "designated educator" to make all reports required under Sections 
53A-11-401
 through
53A-11-404
.
(2) The designated educator, upon receiving a report of a prohibited act from an
educator under Section 
53A-11-402
, shall immediately report the violation to the student's
parent or legal guardian, and may report the violation to an appropriate law enforcement
agency or official
, in accordance with Section 
53A-11-911
.
(3) The designated educator may not disclose to the student or to the student's parent or
legal guardian the identity of the educator who made the initial report.
Section 11. Section 
53A-11-901
 is amended to read:
53A-11-901.
Public school discipline policies -- Basis of the policies --
Enforcement.
(1) The Legislature recognizes that every student in the public schools should have the
opportunity to learn in an environment which is safe, conducive to the learning process, and
free from unnecessary disruption.
(2) (a) To foster such an environment, each local school board or governing board of a
charter school, with input from school employees, parents and guardians of students, students,
and the community at large, shall adopt conduct and discipline policies for the public schools
in accordance with Section 
53A-11-911
.
(b) [
Each
] 
A
 district or charter school shall base its policies on the principle that every
student is expected:
(i) to follow accepted rules of conduct; and
(ii) to show respect for other people and to obey persons in authority at the school.
(c) (i) On or before September 1, 2015, the State Board of Education shall revise the
conduct and discipline policy models for elementary and secondary public schools to include
procedures for responding to reports received through the School Safety and Crisis Line under
Subsection 
53A-11-1503
(3).
(ii) Each district or charter school shall use the models, where appropriate, in
developing its conduct and discipline policies under this chapter.
(d) The policies shall emphasize that certain behavior, most particularly behavior
which disrupts, is unacceptable and may result in disciplinary action.
(3) The local superintendent and designated employees of the district or charter school
shall enforce the policies so that students demonstrating unacceptable behavior and their
parents or guardians understand that such behavior will not be tolerated and will be dealt with
in accordance with the district's conduct and discipline policies.
Section 12. Section 
53A-11-908
 is amended to read:
53A-11-908.
Extracurricular activities -- Prohibited conduct -- Reporting of
violations -- Limitation of liability.
(1) The Legislature recognizes that:
(a) participation in student government and extracurricular activities may confer
important educational and lifetime benefits upon students, and encourages school districts and
charter schools to provide a variety of opportunities for all students to participate in such
activities in meaningful ways;
(b) there is no constitutional right to participate in these types of activities, and does
not through this section or any other provision of law create such a right;
(c) students who participate in student government and extracurricular activities,
particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
those activities, become role models for others in the school and community;
(d) these individuals often play major roles in establishing standards of acceptable
behavior in the school and community, and establishing and maintaining the reputation of the
school and the level of community confidence and support afforded the school; and
(e) it is of the utmost importance that those involved in student government, whether as
officers or advisors, and those involved in competitive athletics and related activities, whether
students or staff, comply with all applicable laws and rules of behavior and conduct themselves
at all times in a manner befitting their positions and responsibilities.
(2) (a) The State Board of Education may, and local boards of education and governing
boards of charter schools shall, adopt rules implementing this section that apply to both
students and staff.
(b) [
Those
] 
The
 rules 
described in Subsection (2)(a)
 shall include prohibitions against
the following types of conduct 
in accordance with Section 
53A-11-911
, while in the classroom,
on school property, during school sponsored activities, or regardless of the location or
circumstance, affecting a person or property described in Subsections 
53A-11-902
(5)(a)
through (d):
(i) use of foul, abusive, or profane language while engaged in school related activities;
(ii) illicit use, possession, or distribution of controlled substances or drug
paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
Section 
76-10-101
, tobacco, or alcoholic beverages contrary to law; and
(iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
behavior involving physical violence, restraint, improper touching, or inappropriate exposure
of body parts not normally exposed in public settings, forced ingestion of any substance, or any
act which would constitute a crime against a person or public order under Utah law.
(3) (a) School employees who reasonably believe that a violation of this section may
have occurred shall immediately report that belief to the school principal, district
superintendent, or chief administrative officer of a charter school.
(b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
alleged incident, and actions taken in response, to the district superintendent or the
superintendent's designee within 10 working days after receipt of the report.
(c) Failure of a person holding a professional certificate to report as required under this
Subsection (3) constitutes an unprofessional practice.
(4) Limitations of liability set forth under Section 
53A-11-1004
 apply to this section.
Section 13. Section 
53A-11-910
 is amended to read:
53A-11-910.
Disruptive student behavior.
(1) As used in this section:
(a) "Disruptive student behavior" includes:
(i) the grounds for suspension or expulsion described in Section 
53A-11-904
; and
(ii) the conduct described in Subsection 
53A-11-908
(2)(b).
(b) "Parent" includes:
(i) a custodial parent of a school-age minor;
(ii) a legally appointed guardian of a school-age minor; or
(iii) any other person purporting to exercise any authority over the minor which could
be exercised by a person described in Subsection (1)(b)(i) or (ii).
(c) "Qualifying minor" means a school-age minor who:
(i) is at least nine years old; or
(ii) turns nine years old at any time during the school year.
(d) "School year" means the period of time designated by a local school board or local
charter board as the school year for the school where the school-age minor is enrolled.
(2) A local school board, school district, governing board of a charter school, or charter
school may impose administrative penalties 
in accordance with Section 
53A-11-911
 on a
school-age minor who violates this part.
[
(3) (a) It is unlawful for a school-age minor to engage in disruptive student behavior.
]
[
(b) A qualifying minor is subject to the jurisdiction of the juvenile court if the
qualifying minor:
]
[
(i) engages in disruptive student behavior, that does not result in suspension or
expulsion, at least six times during the school year;
]
[
(ii) (A) engages in disruptive student behavior, that does not result in suspension or
expulsion, at least three times during the school year; and
]
[
(B) engages in disruptive student behavior, that results in suspension or expulsion, at
least once during the school year; or
]
[
(iii) engages in disruptive student behavior, that results in suspension or expulsion, at
least twice during the school year.
]
[
(4)
] 
(3)
 (a) A local school board or governing board of a charter school shall:
(i) authorize a school administrator or a designee of a school administrator to issue
notices of disruptive student behavior to qualifying minors; and
(ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
contest a notice of disruptive student behavior.
(b) A school representative shall provide to a parent of a school-age minor, a list of
resources available to assist the parent in resolving the school-age minor's disruptive student
behavior problem.
(c) A local school board or governing board of a charter school shall establish
procedures for a school counselor or other designated school representative to work with a
qualifying minor who engages in disruptive student behavior in order to attempt to resolve the
minor's disruptive student behavior problems [
before the qualifying minor becomes subject to
the jurisdiction of the juvenile court as provided for under this section
].
[
(5)
] 
(4)
 The notice of disruptive student behavior described in Subsection [
(4)
] 
(3)
(a):
(a) shall be issued to a qualifying minor who:
(i) engages in disruptive student behavior, that does not result in suspension or
expulsion, three times during the school year; or
(ii) engages in disruptive student behavior, that results in suspension or expulsion, once
during the school year;
(b) shall require that the qualifying minor and a parent of the qualifying minor:
(i) meet with school authorities to discuss the qualifying minor's disruptive student
behavior; and
(ii) cooperate with the local school board or governing board of a charter school in
correcting the school-age minor's disruptive student behavior; 
and
[
(c) shall contain a statement indicating:
]
[
(i) the number of additional times that, if the qualifying minor engages in disruptive
student behavior that does not result in suspension or expulsion, will result in the qualifying
minor receiving a habitual disruptive student behavior citation; and
]
[
(ii) that the qualifying minor will receive a habitual disruptive student behavior
citation if the qualifying minor engages in disruptive student behavior that results in suspension
or expulsion; and
]
[
(d)
] 
(c)
 shall be mailed by certified mail to, or served on, a parent of the qualifying
minor.
[
(6)
] 
(5)
 A habitual disruptive student behavior [
citation
] 
notice
:
(a) may only be issued to a qualifying minor who:
(i) engages in disruptive student behavior, that does not result in suspension or
expulsion, at least six times during the school year;
(ii) (A) engages in disruptive student behavior, that does not result in suspension or
expulsion, at least three times during the school year; and
(B) engages in disruptive student behavior, that results in suspension or expulsion, at
least once during the school year; or
(iii) engages in disruptive student behavior, that results in suspension or expulsion, at
least twice during the school year; and
(b) may only be issued by a school administrator, a designee of a school administrator,
or a truancy specialist, who is authorized by a local school board or governing board of a local
charter school to issue 
a
 habitual disruptive student behavior [
citations
] 
notice
.
[
(7)
] 
(6)
 (a) A qualifying minor to whom a habitual disruptive student behavior
[
citation
] 
notice
 is issued under Subsection [
(6) shall
] 
(5) may not
 be referred to the juvenile
court [
for violation of Subsection (3)
].
(b) Within five days after the day on which a habitual disruptive student behavior
[
citation
] 
notice
 is issued, a representative of the school district or charter school shall provide
documentation, to a parent of the qualifying minor who receives the [
citation
] 
notice
, of the
efforts made by a school counselor or representative under Subsection [
(4)
] 
(3)
(c).
[
(8) Nothing in this part prohibits a local school board, school district, governing board
of a charter school, or charter school from taking any lawful action not in conflict with the
provisions of this section, including action described in this part and action relating to a
habitually truant or ungovernable child, to address a disruptive student behavior problem of:
]
[
(a) a school-age minor who is not a qualifying minor; or
]
[
(b) a qualifying minor, regardless of the number of times that the qualifying minor has
engaged in disruptive student behavior during the school year.
]
Section 14. Section 
53A-11-911
 is enacted to read:
 53A-11-911.
Responses to school-based behavior.
(1) As used in this section:
(a) "Class A misdemeanor person offense" means a class A misdemeanor described in
Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 5b, Sexual Exploitation
Act.
(b) "Mobile crisis outreach team" means the same as that term is defined in Section
78A-6-105
.
(c) "Nonperson class A misdemeanor" means a class A misdemeanor that is not a class
A misdemeanor person offense.
(d) "Restorative justice program" means a school-based program that is designed to
enhance school safety, reduce school suspensions, and limit referrals to court, and is designed
to help minors take responsibility for and repair the harm of behavior that occurs in school.
(2) This section applies to a minor enrolled in school who is alleged to have committed
an offense:
(a) on school property; or
(b) that is truancy.
(3) If the alleged offense is a class C misdemeanor, an infraction, a status offense on
school property, or truancy, the minor may not be referred to law enforcement or court but may
be referred to alternative school-related interventions, including:
(a) a mobile crisis outreach team, as defined in Section 
78A-6-105
;
(b) a receiving center operated by the Division of Juvenile Justice Services in
accordance with Section 
62A-7-104
; and
(c) a youth court or comparable restorative justice program.
(4) If the alleged offense is a class B misdemeanor or a nonperson class A
misdemeanor, the minor may be referred directly to the juvenile court by the school
administrator or the school administrator's designee, or the minor may be referred to the
alternative interventions in Subsection (3).
Section 15. Section 
53A-11-1302
 is amended to read:
53A-11-1302.
Reporting of prohibited acts affecting a school -- Confidentiality.
(1) A person who has reasonable cause to believe that an individual has committed a
prohibited act shall
, in accordance with Section 
53A-11-911
,
 immediately notify:
[
(a) the nearest law enforcement agency;
]
[
(b)
] 
(a)
 the principal;
[
(c)
] 
(b)
 an administrator of the affected school;
[
(d)
] 
(c)
 the superintendent of the affected school district; or
[
(e)
] 
(d)
 an administrator of the affected school district.
(2) If notice is given to a school official, the official may authorize an investigation
into allegations involving school property, students, or school district employees.
(3) [
School officials
] 
A school official
 may 
only
 refer a complaint of an alleged
prohibited act reported as occurring on school grounds or in connection with school-sponsored
activities to an appropriate law enforcement agency[
. Referrals shall be made by school
officials if the complaint alleges the prohibited act occurred elsewhere
] 
in accordance with
Section 
53A-11-911
.
(4) The identity of persons making reports pursuant to this section shall be kept
confidential.
Section 16. Section 
53A-11-1604
 is amended to read:
53A-11-1604.
Contracts between an LEA and law enforcement for school
resource officer services -- Requirements.
(1) An LEA may contract with a law enforcement agency or an individual to provide
school resource officer services at the LEA if the LEA's governing authority reviews and
approves the contract.
(2) If an LEA contracts with a law enforcement agency or an individual to provide
SRO services at the LEA, the LEA's governing authority shall require in the contract:
(a) an acknowledgment by the law enforcement agency or the individual that an SRO
hired under the contract shall:
(i) provide for and maintain a safe, healthy, and productive learning environment in a
school;
(ii) act as a positive role model to students;
(iii) work to create a cooperative, proactive, and problem-solving partnership between
law enforcement and the LEA;
(iv) emphasize the use of restorative approaches to address negative behavior; and
(v) at the request of the LEA, teach a vocational law enforcement class;
(b) a description of the shared understanding of the LEA and the law enforcement
agency or individual regarding the roles and responsibilities of law enforcement and the LEA
to:
(i) maintain safe schools;
(ii) improve school climate; and
(iii) support educational opportunities for students;
(c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
including an offense that:
(i) is a minor violation of the law; and
(ii) would not violate the law if the offense was committed by an adult;
(d) a designation of student offenses that are administrative issues that an SRO shall
refer to a school administrator for resolution 
in accordance with Section 
53A-11-911
;
(e) a detailed description of the rights of a student under state and federal law with
regard to:
(i) searches;
(ii) questioning; and
(iii) information privacy;
(f) a detailed description of:
(i) job duties;
(ii) training requirements; and
(iii) other expectations of the SRO and school administration in relation to law
enforcement at the LEA;
(g) that an SRO who is hired under the contract and the principal at the school where
an SRO will be working, or the principal's designee, will jointly complete the SRO training
described in Section 
53A-11-1603
; and
(h) if the contract is between an LEA and a law enforcement agency, that:
(i) both parties agree to jointly discuss SRO applicants; and
(ii) the law enforcement agency will accept feedback from an LEA about an SRO's
performance.
Section 17. Section 
58-37-8
 is amended to read:
58-37-8.
Prohibited acts -- Penalties.
(1) Prohibited acts A -- Penalties and reporting:
(a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
intentionally:
(i) produce, manufacture, or dispense, or to possess with intent to produce,
manufacture, or dispense, a controlled or counterfeit substance;
(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
arrange to distribute a controlled or counterfeit substance;
(iii) possess a controlled or counterfeit substance with intent to distribute; or
(iv) engage in a continuing criminal enterprise where:
(A) the person participates, directs, or engages in conduct that results in any violation
of any provision of Title 58, Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug
Paraphernalia Act, 37b, Imitation Controlled Substances Act, 37c, Utah Controlled Substance
Precursor Act, or 37d, Clandestine Drug Lab Act, that is a felony; and
(B) the violation is a part of a continuing series of two or more violations of Title 58,
Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or
more persons with respect to whom the person occupies a position of organizer, supervisor, or
any other position of management.
(b) Any person convicted of violating Subsection (1)(a) with respect to:
(i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
subsequent conviction is guilty of a first degree felony;
(ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
marijuana, or a substance listed in Section 
58-37-4.2
 is guilty of a third degree felony, and
upon a second or subsequent conviction is guilty of a second degree felony; or
(iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
felony.
(c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii)
may be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier
of fact finds a firearm as defined in Section 
76-10-501
 was used, carried, or possessed on [
his
]
the
 person or in [
his
] 
the person's
 immediate possession during the commission or in
furtherance of the offense, the court shall additionally sentence the person convicted for a term
of one year to run consecutively and not concurrently; and the court may additionally sentence
the person convicted for an indeterminate term not to exceed five years to run consecutively
and not concurrently.
(d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
felony punishable by imprisonment for an indeterminate term of not less than seven years and
which may be for life. Imposition or execution of the sentence may not be suspended, and the
person is not eligible for probation.
(e) The Administrative Office of the Courts shall report to the Division of
Occupational and Professional Licensing the name, case number, date of conviction, and if
known, the date of birth of each person convicted of violating Subsection (2)(a). 
(2) Prohibited acts B -- Penalties and reporting:
(a) It is unlawful:
(i) for any person knowingly and intentionally to possess or use a controlled substance
analog or a controlled substance, unless it was obtained under a valid prescription or order,
directly from a practitioner while acting in the course of the person's professional practice, or as
otherwise authorized by this chapter;
(ii) for any owner, tenant, licensee, or person in control of any building, room,
tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
be occupied by persons unlawfully possessing, using, or distributing controlled substances in
any of those locations; or
(iii) for any person knowingly and intentionally to possess an altered or forged
prescription or written order for a controlled substance.
(b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
(i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
or
(ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
of a class A misdemeanor on a first or second conviction, and on a third or subsequent
conviction is guilty of a third degree felony.
(c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
penalty than provided in this Subsection (2).
(d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
person is guilty of a third degree felony.
(e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
boundaries of property occupied by any correctional facility as defined in Section 
64-13-1
 or
any public jail or other place of confinement shall be sentenced to a penalty one degree greater
than provided in Subsection (2)(b), and if the conviction is with respect to controlled
substances as listed in:
(i) Subsection (2)(b), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and:
(A) the court shall additionally sentence the person convicted to a term of one year to
run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and the court shall additionally sentence the person
convicted to a term of six months to run consecutively and not concurrently.
(f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
(i) on a first conviction, guilty of a class B misdemeanor;
(ii) on a second conviction, guilty of a class A misdemeanor; and
(iii) on a third or subsequent conviction, guilty of a third degree felony.
(g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
amounting to a violation of Section 
76-5-207
:
(i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
body any measurable amount of a controlled substance; and
(ii) operates a motor vehicle as defined in Section 
76-5-207
 in a negligent manner,
causing serious bodily injury as defined in Section 
76-1-601
 or the death of another.
(h) A person who violates Subsection (2)(g) by having in the person's body:
(i) a controlled substance classified under Schedule I, other than those described in
Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
degree felony;
(ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
58-37-4
(2)(a)(iii)(S) or (AA), or a substance listed in Section 
58-37-4.2
 is guilty of a third
degree felony; or
(iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
A misdemeanor.
(i) A person is guilty of a separate offense for each victim suffering serious bodily
injury or death as a result of the person's negligent driving in violation of Subsection
[
58-37-8
](2)(g) whether or not the injuries arise from the same episode of driving.
(j) The Administrative Office of the Courts shall report to the Division of Occupational
and Professional Licensing the name, case number, date of conviction, and if known, the date
of birth of each person convicted of violating Subsection (2)(a). 
(3) Prohibited acts C -- Penalties:
(a) It is unlawful for any person knowingly and intentionally:
(i) to use in the course of the manufacture or distribution of a controlled substance a
license number which is fictitious, revoked, suspended, or issued to another person or, for the
purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
person;
(ii) to acquire or obtain possession of, to procure or attempt to procure the
administration of, to obtain a prescription for, to prescribe or dispense to any person known to
be attempting to acquire or obtain possession of, or to procure the administration of any
controlled substance by misrepresentation or failure by the person to disclose receiving any
controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
prescription or written order for a controlled substance, or the use of a false name or address;
(iii) to make any false or forged prescription or written order for a controlled substance,
or to utter the same, or to alter any prescription or written order issued or written under the
terms of this chapter; or
(iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing upon any drug or container or labeling
so as to render any drug a counterfeit controlled substance.
(b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
misdemeanor.
(ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
degree felony.
(c) A violation of Subsection (3)(a)(iv) is a third degree felony.
(4) Prohibited acts D -- Penalties:
(a) Notwithstanding other provisions of this section, a person not authorized under this
chapter who commits any act that is unlawful under Subsection (1)(a), Section 
58-37a-5
, or
Section 
58-37b-4
 is upon conviction subject to the penalties and classifications under this
Subsection (4) if the trier of fact finds the act is committed:
(i) in a public or private elementary or secondary school or on the grounds of any of
those schools during the hours of 6 a.m. through 10 p.m.;
(ii) in a public or private vocational school or postsecondary institution or on the
grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
(iii) in or on the grounds of a preschool or child-care facility during the preschool's or
facility's hours of operation;
(iv) in a public park, amusement park, arcade, or recreation center when the public or
amusement park, arcade, or recreation center is open to the public;
(v) in or on the grounds of a house of worship as defined in Section 
76-10-501
;
(vi) in or on the grounds of a library when the library is open to the public;
(vii) within any area that is within 100 feet of any structure, facility, or grounds
included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
(viii) in the presence of a person younger than 18 years of age, regardless of where the
act occurs; or
(ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
distribution of a substance in violation of this section to an inmate or on the grounds of any
correctional facility as defined in Section 
76-8-311.3
.
(b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
and shall be imprisoned for a term of not less than five years if the penalty that would
otherwise have been established but for this Subsection (4) would have been a first degree
felony.
(ii) Imposition or execution of the sentence may not be suspended, and the person is
not eligible for probation.
(c) If the classification that would otherwise have been established would have been
less than a first degree felony but for this Subsection (4), a person convicted under this
Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
(d) (i) If the violation is of Subsection (4)(a)(ix):
(A) the person may be sentenced to imprisonment for an indeterminate term as
provided by law, and the court shall additionally sentence the person convicted for a term of
one year to run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
the mental state required for the commission of an offense, directly or indirectly solicits,
requests, commands, coerces, encourages, or intentionally aids another person to commit a
violation of Subsection (4)(a)(ix).
(e) It is not a defense to a prosecution under this Subsection (4) that the actor
mistakenly believed the individual to be 18 years of age or older at the time of the offense or
was unaware of the individual's true age; nor that the actor mistakenly believed that the
location where the act occurred was not as described in Subsection (4)(a) or was unaware that
the location where the act occurred was as described in Subsection (4)(a).
(5) Any violation of this chapter for which no penalty is specified is a class B
misdemeanor.
(6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
guilty or no contest to a violation or attempted violation of this section or a plea which is held
in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
even if the charge has been subsequently reduced or dismissed in accordance with the plea in
abeyance agreement.
(b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
conviction that is:
(i) from a separate criminal episode than the current charge; and
(ii) from a conviction that is separate from any other conviction used to enhance the
current charge.
(7) A person may be charged and sentenced for a violation of this section,
notwithstanding a charge and sentence for a violation of any other section of this chapter.
(8) (a) Any penalty imposed for violation of this section is in addition to, and not in
lieu of, any civil or administrative penalty or sanction authorized by law.
(b) Where violation of this chapter violates a federal law or the law of another state,
conviction or acquittal under federal law or the law of another state for the same act is a bar to
prosecution in this state.
(9) In any prosecution for a violation of this chapter, evidence or proof that shows a
person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
substance or substances, is prima facie evidence that the person or persons did so with
knowledge of the character of the substance or substances.
(10) This section does not prohibit a veterinarian, in good faith and in the course of the
veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
administering controlled substances or from causing the substances to be administered by an
assistant or orderly under the veterinarian's direction and supervision.
(11) Civil or criminal liability may not be imposed under this section on:
(a) any person registered under this chapter who manufactures, distributes, or possesses
an imitation controlled substance for use as a placebo or investigational new drug by a
registered practitioner in the ordinary course of professional practice or research; or
(b) any law enforcement officer acting in the course and legitimate scope of the
officer's employment.
(12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
as defined in Subsection 
58-37-2
(1)(v), who uses, possesses, or transports peyote for bona fide
traditional ceremonial purposes in connection with the practice of a traditional Indian religion
as defined in Subsection 
58-37-2
(1)(w).
(b) In a prosecution alleging violation of this section regarding peyote as defined in
Subsection 
58-37-4
(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
connection with the practice of a traditional Indian religion.
(c) (i) The defendant shall provide written notice of intent to claim an affirmative
defense under this Subsection (12) as soon as practicable, but not later than 10 days [
prior to
]
before
 trial.
(ii) The notice shall include the specific claims of the affirmative defense.
(iii) The court may waive the notice requirement in the interest of justice for good
cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
(d) The defendant shall establish the affirmative defense under this Subsection (12) by
a preponderance of the evidence. If the defense is established, it is a complete defense to the
charges.
(13) (a) It is an affirmative defense that the person produced, possessed, or
administered a controlled substance listed in Section 
58-37-4.2
 if the person:
(i) was engaged in medical research; and
(ii) was a holder of a valid license to possess controlled substances under Section
58-37-6
.
(b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
a controlled substance listed in Section 
58-37-4.2
.
(14) It is an affirmative defense that the person possessed, in the person's body, a
controlled substance listed in Section 
58-37-4.2
 if:
(a) the person was the subject of medical research conducted by a holder of a valid
license to possess controlled substances under Section 
58-37-6
; and
(b) the substance was administered to the person by the medical researcher.
(15) The application of any increase in penalty under this section to a violation of
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
Subsection (15) takes precedence over any conflicting provision of this section.
(16) (a) It is an affirmative defense to an allegation of the commission of an offense
listed in Subsection (16)(b) that the person:
(i) reasonably believes that the person or another person is experiencing an overdose
event due to the ingestion, injection, inhalation, or other introduction into the human body of a
controlled substance or other substance;
(ii) reports in good faith the overdose event to a medical provider, an emergency
medical service provider as defined in Section 
26-8a-102
, a law enforcement officer, a 911
emergency call system, or an emergency dispatch system, or the person is the subject of a
report made under this Subsection (16);
(iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
actual location of the overdose event that facilitates responding to the person experiencing the
overdose event;
(iv) remains at the location of the person experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the person experiencing an overdose event is located until a
responding law enforcement officer arrives;
(v) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the person
experiencing the overdose event and any substances the person may have injected, inhaled, or
otherwise introduced into the person's body; and
(vi) is alleged to have committed the offense in the same course of events from which
the reported overdose arose.
(b) The offenses referred to in Subsection (16)(a) are:
(i) the possession or use of less than 16 ounces of marijuana;
(ii) the possession or use of a scheduled or listed controlled substance other than
marijuana; and
(iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
Imitation Controlled Substances Act.
(c) As used in this Subsection (16) and in Section 
76-3-203.11
, "good faith" does not
include seeking medical assistance under this section during the course of a law enforcement
agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
(17) If any provision of this chapter, or the application of any provision to any person
or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
invalid provision or application.
(18) A legislative body of a political subdivision may not enact an ordinance that is
less restrictive than any provision of this chapter.
(19) [
(a)
] If a minor who is under 18 years of age is found by a court to have violated
this section [
and the violation is the minor's first violation of this section
], the court may 
order
:
[
(i) order
] 
(a)
 the minor to complete a screening as defined in Section 
41-6a-501
;
[
(ii) order
] 
(b)
 the minor to complete an assessment as defined in Section 
41-6a-501
 if
the screening indicates an assessment to be appropriate; and
[
(iii) order
] 
(c)
 the minor to complete an educational series as defined in Section
41-6a-501
 or substance [
abuse
] 
use disorder
 treatment as indicated by an assessment.
[
(b) If a minor who is under 18 years of age is found by a court to have violated this
section and the violation is the minor's second or subsequent violation of this section, the court
shall:
]
[
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
]
[
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
]
[
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
]
Section 18. Section 
58-37a-7
 is amended to read:
58-37a-7.
Sentencing requirements for minors.
[
(1)
] If a minor who is under 18 years of age is found by a court to have violated this
chapter [
and the violation is the minor's first violation of this chapter
], the court may 
order the
minor to complete
:
[
(a) order the minor to complete
] 
(1)
 a screening as defined in Section 
41-6a-501
;
[
(b) order the minor to complete
] 
(2)
 an assessment as defined in Section 
41-6a-501
 if
the screening indicates an assessment to be appropriate; and
[
(c) order the minor to complete
] 
(3)
 an educational series as defined in Section
41-6a-501
 or substance [
abuse
] 
use disorder
 treatment as indicated by an assessment.
[
(2) If a minor who is under 18 years of age is found by a court to have violated this
chapter and the violation is the minor's second or subsequent violation of this chapter, the court
shall:
]
[
(a) order the minor to complete a screening as defined in Section 
41-6a-501
;
]
[
(b) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
]
[
(c) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
]
Section 19. Section 
58-37b-9
 is amended to read:
58-37b-9.
Sentencing requirements for minors.
[
(1)
] If a minor who is under 18 years of age is found by a court to have violated this
chapter [
and the violation is the minor's first violation of this chapter
], the court may 
order the
minor to complete
:
[
(a) order the minor to complete
] 
(1)
 a screening as defined in Section 
41-6a-501
;
[
(b) order the minor to complete
] 
(2)
 an assessment as defined in Section 
41-6a-501
 if
the screening indicates an assessment to be appropriate; and
[
(c) order the minor to complete
] 
(3)
 an educational series as defined in Section
41-6a-501
 or substance [
abuse
] 
use disorder
 treatment as indicated by an assessment.
[
(2) If a minor is found by a court to have violated this chapter and the violation is the
minor's second or subsequent violation of this chapter, the court shall:
]
[
(a) order the minor to complete a screening as defined in Section 
41-6a-501
;
]
[
(b) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
]
[
(c) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance abuse treatment as indicated by an assessment.
]
Section 20. Section 
62A-1-111.5
 is enacted to read:
 62A-1-111.5.
Duties of the department for fiscal year 2018.
Notwithstanding Section 
63J-1-206
, for fiscal year 2018 only, the department may
transfer money from savings related to implementation of this bill and nonlapsing balances
from fiscal year 2017 between appropriation line items to allocate resources between the
Division of Juvenile Justice Services, the Division of Child and Family Services, and the
Division of Substance Abuse and Mental Health to facilitate the department's implementation
of this bill.
Section 21. Section 
62A-4a-105
 is amended to read:
62A-4a-105.
Division responsibilities.
(1) The division shall:
(a) administer services to minors and families, including:
(i) child welfare services;
(ii) domestic violence services; and
(iii) all other responsibilities that the Legislature or the executive director may assign
to the division;
(b) provide the following services:
(i) financial and other assistance to an individual adopting a child with special needs
under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
child as a legal ward of the state;
(ii) non-custodial and in-home services, including:
(A) services designed to prevent family break-up; and
(B) family preservation services;
(iii) reunification services to families whose children are in substitute care in
accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
(iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
or neglect of a child in that family;
(v) shelter care in accordance with the requirements of this chapter and Title 78A,
Chapter 6, Juvenile Court Act;
(vi) domestic violence services, in accordance with the requirements of federal law;
(vii) protective services to victims of domestic violence, as defined in Section 
77-36-1
,
and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
Part 3, Abuse, Neglect, and Dependency Proceedings;
(viii) substitute care for dependent, abused, neglected, and delinquent children;
[
(ix) programs and services for minors who have been placed in the custody of the
division for reasons other than abuse or neglect, under Section 
62A-4a-250
;
]
[
(x)
] 
(ix)
 services for minors who are victims of human trafficking or human
smuggling as described in Sections 
76-5-308
 through 
76-5-310
 or who have engaged in
prostitution or sexual solicitation as defined in Section 
76-10-1302
; and
[
(xi)
] 
(x)
 training for staff and providers involved in the administration and delivery of
services offered by the division in accordance with this chapter;
(c) establish standards for all:
(i) contract providers of out-of-home care for minors and families;
(ii) facilities that provide substitute care for dependent, abused, neglected, and
delinquent children placed in the custody of the division; and
(iii) direct or contract providers of domestic violence services described in Subsection
(1)(b)(vi);
(d) have authority to:
(i) contract with a private, nonprofit organization to recruit and train foster care
families and child welfare volunteers in accordance with Section 
62A-4a-107.5
; and
(ii) approve facilities that meet the standards established under Subsection (1)(c) to
provide substitute care for dependent, abused, neglected, and delinquent children placed in the
custody of the division;
(e) cooperate with the federal government in the administration of child welfare and
domestic violence programs and other human service activities assigned by the department;
(f) in accordance with Subsection (2)(a), promote and enforce state and federal laws
enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
runaway children, and status offenders, in accordance with the requirements of this chapter,
unless administration is expressly vested in another division or department of the state;
(g) cooperate with the Workforce Development Division in the Department of
Workforce Services in meeting the social and economic needs of an individual who is eligible
for public assistance;
(h) compile relevant information, statistics, and reports on child and family service
matters in the state;
(i) prepare and submit to the department, the governor, and the Legislature reports of
the operation and administration of the division in accordance with the requirements of
Sections 
62A-4a-117
 and 
62A-4a-118
;
(j) provide social studies and reports for the juvenile court in accordance with Section
78A-6-605
;
(k) within appropriations from the Legislature, provide or contract for a variety of
domestic violence services and treatment methods;
(l) ensure regular, periodic publication, including electronic publication, regarding the
number of children in the custody of the division who:
(i) have a permanency goal of adoption; or
(ii) have a final plan of termination of parental rights, pursuant to Section 
78A-6-314
,
and promote adoption of those children;
(m) subject to Subsection (2)(b), refer an individual receiving services from the
division to the local substance abuse authority or other private or public resource for a
court-ordered drug screening test; and
(n) perform other duties and functions required by law.
(2) (a) In carrying out the requirements of Subsection (1)(f), the division shall:
(i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
with all public and private licensed child welfare agencies and institutions, to develop and
administer a broad range of services and support;
(ii) take the initiative in all matters involving the protection of abused or neglected
children, if adequate provisions have not been made or are not likely to be made; and
(iii) make expenditures necessary for the care and protection of the children described
in this Subsection (2)(a), within the division's budget.
(b) When an individual is referred to a local substance abuse authority or other private
or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
order the individual to pay all costs of the tests unless:
(i) the cost of the drug screening is specifically funded or provided for by other federal
or state programs;
(ii) the individual is a participant in a drug court; or
(iii) the court finds that the individual is impecunious.
(3) Except to the extent provided by rule, the division is not responsible for
investigating domestic violence in the presence of a child, as described in Section 
76-5-109.1
.
(4) The division may not require a parent who has a child in the custody of the division
to pay for some or all of the cost of any drug testing the parent is required to undergo.
Section 22. Section 
62A-4a-201
 is amended to read:
62A-4a-201.
Rights of parents -- Children's rights -- Interest and responsibility of
state.
(1) (a) Under both the United States Constitution and the constitution of this state, a
parent possesses a fundamental liberty interest in the care, custody, and management of the
parent's children. A fundamentally fair process must be provided to parents if the state moves
to challenge or interfere with parental rights. A governmental entity must support any actions
or allegations made in opposition to the rights and desires of a parent regarding the parent's
children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
protection against government interference with the parent's fundamental rights and liberty
interests and, concomitantly, the right of the child to be reared by the child's natural parent.
(b) The fundamental liberty interest of a parent concerning the care, custody, and
management of the parent's children is recognized, protected, and does not cease to exist
simply because a parent may fail to be a model parent or because the parent's child is placed in
the temporary custody of the state. At all times, a parent retains a vital interest in preventing
the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
action in relation to parents and their children may not exceed the least restrictive means or
alternatives available to accomplish a compelling state interest. Until the state proves parental
unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
the child and the child's parents share a vital interest in preventing erroneous termination of
their natural relationship and the state cannot presume that a child and the child's parents are
adversaries.
(c) It is in the best interest and welfare of a child to be raised under the care and
supervision of the child's natural parents. A child's need for a normal family life in a
permanent home, and for positive, nurturing family relationships is usually best met by the
child's natural parents. Additionally, the integrity of the family unit and the right of parents to
conceive and raise their children are constitutionally protected. The right of a fit, competent
parent to raise the parent's child without undue government interference is a fundamental
liberty interest that has long been protected by the laws and Constitution and is a fundamental
public policy of this state.
(d) The state recognizes that:
(i) a parent has the right, obligation, responsibility, and authority to raise, manage,
train, educate, provide and care for, and reasonably discipline the parent's children; and
(ii) the state's role is secondary and supportive to the primary role of a parent.
(e) It is the public policy of this state that parents retain the fundamental right and duty
to exercise primary control over the care, supervision, upbringing, and education of their
children.
(f) Subsections (2) through (7) shall be interpreted and applied consistent with this
Subsection (1).
(2) It is also the public policy of this state that children have the right to protection
from abuse and neglect, and that the state retains a compelling interest in investigating,
prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title 78A,
Chapter 6, Juvenile Court Act [
of 1996
]. Therefore, the state, as parens patriae, has an interest
in and responsibility to protect children whose parents abuse them or do not adequately provide
for their welfare. There may be circumstances where a parent's conduct or condition is a
substantial departure from the norm and the parent is unable or unwilling to render safe and
proper parental care and protection. Under those circumstances, the state may take action for
the welfare and protection of the parent's children.
(3) When the division intervenes on behalf of an abused, neglected, or dependent child,
it shall take into account the child's need for protection from immediate harm and the extent to
which the child's extended family may provide needed protection. Throughout its involvement,
the division shall utilize the least intrusive and least restrictive means available to protect a
child, in an effort to ensure that children are brought up in stable, permanent families, rather
than in temporary foster placements under the supervision of the state.
(4) When circumstances within the family pose a threat to the child's immediate safety
or welfare, the division may seek custody of the child for a planned, temporary period and
place the child in a safe environment, subject to the requirements of this section and in
accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
Dependency Proceedings, and:
(a) when safe and appropriate, return the child to the child's parent; or
(b) as a last resort, pursue another permanency plan.
(5) In determining and making "reasonable efforts" with regard to a child, pursuant to
the provisions of Section 
62A-4a-203
, both the division's and the court's paramount concern
shall be the child's health, safety, and welfare. The desires of a parent for the parent's child,
and the constitutionally protected rights of a parent, as described in this section, shall be given
full and serious consideration by the division and the court.
(6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
abuse, or severe neglect are established, the state has no duty to make "reasonable efforts" or
to, in any other way, attempt to maintain a child in the child's home, provide reunification
services, or to attempt to rehabilitate the offending parent or parents. This Subsection (6) does
not exempt the division from providing court-ordered services.
(7) (a) In accordance with Subsection (1), the division shall strive to achieve
appropriate permanency for children who are abused, neglected, or dependent. The division
shall provide in-home services, where appropriate and safe, in an effort to help a parent to
correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
division may pursue a foster placement only if in-home services fail or are otherwise
insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
and kinship placement fail and cannot be corrected. The division shall also seek qualified
extended family support or a kinship placement to maintain a sense of security and stability for
the child.
(b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
and (6), is determined to be inconsistent with the permanency plan for a child, then measures
shall be taken, in a timely manner, to place the child in accordance with the permanency plan,
and to complete whatever steps are necessary to finalize the permanent placement of the child.
(c) Subject to the parental rights recognized and protected under this section, if, 
because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
based on the grounds for termination of parental rights described in Title 78A, Chapter 6, Part
5, Termination of Parental Rights Act, the continuing welfare and best interest of the child is of
paramount importance, and shall be protected in determining whether that parent's rights
should be terminated.
(8) The state's right to direct or intervene in the provision of medical or mental health
care for a child is subject to Subsections 
78A-6-105
[
(27)
]
(35)
(d) and 
78A-6-117
(2)[
(n)
] and
Section 
78A-6-301.5
.
Section 23. Section 
62A-4a-202
 is amended to read:
62A-4a-202.
In-home services for the preservation of families.
(1) (a) Within appropriations from the Legislature and money obtained under
Subsection (5), the division shall provide in-home services for the purpose of family
preservation to any family with a child whose health and safety is not immediately endangered,
when:
(i) (A) the child is at risk of being removed from the home; or
(B) the family is in crisis; and
(ii) the division determines that it is reasonable and appropriate.
(b) In determining whether in-home services are reasonable and appropriate, in keeping
with [
the provisions of
] Subsection 
62A-4a-201
(1)
,
 the child's health, safety, and welfare shall
be the paramount concern.
(c) The division shall consider whether the services described in Subsection (1)(b):
(i) will be effective within a six-month period; and
(ii) are likely to prevent continued abuse or neglect of the child.
(2) (a) The division shall maintain a statewide inventory of in-home services available
through public and private agencies or individuals for use by caseworkers.
(b) The inventory described in Subsection (2)(a) shall include:
(i) the method of accessing each service;
(ii) eligibility requirements for each service;
(iii) the geographic areas and the number of families that can be served by each
service; and
(iv) information regarding waiting lists for each service.
(3) (a) As part of its in-home services for the preservation of families, the division shall
provide in-home services in varying degrees of intensity and contact that are specific to the
needs of each individual family.
(b) As part of its in-home services, the division shall:
(i) provide customized assistance;
(ii) provide support or interventions that are tailored to the needs of the family;
(iii) discuss the family's needs with the parent;
(iv) discuss an assistance plan for the family with the parent; and
(v) address:
(A) the safety of children;
(B) the needs of the family; and
(C) services necessary to aid in the preservation of the family and a child's ability to
remain in the home.
(c) In-home services shall be, as practicable, provided within the region that the family
resides, using existing division staff.
(4) (a) The division may use specially trained caseworkers, private providers, or other
persons to provide the in-home services described in Subsection (3).
(b) The division shall allow a caseworker to be flexible in responding to the needs of
each individual family, including:
(i) limiting the number of families assigned; and
(ii) being available to respond to assigned families within 24 hours.
(5) To provide, expand, and improve the delivery of in-home services to prevent the
removal of children from their homes and promote the preservation of families, the division
shall make substantial effort to obtain funding, including:
(a) federal grants;
(b) federal waivers; and
(c) private money.
(6) The division shall provide in-home family services pursuant to an order under
Section 
78A-6-117.5
.
Section 24. Section 
62A-4a-208
 is amended to read:
62A-4a-208.
Child protection ombudsman -- Responsibility -- Authority.
(1) As used in this section:
(a) "Complainant" means a person who initiates a complaint with the ombudsman.
(b) "Ombudsman" means the child protection ombudsman appointed pursuant to this
section.
(2) (a) There is created within the department the position of child protection
ombudsman. The ombudsman shall be appointed by and serve at the pleasure of the executive
director.
(b) The ombudsman shall be:
(i) an individual of recognized executive and administrative capacity;
(ii) selected solely with regard to qualifications and fitness to discharge the duties of
ombudsman; and
(iii) have experience in child welfare, and in state laws and policies governing abused,
neglected, and dependent children.
(c) The ombudsman shall devote full time to the duties of office.
(3) (a) Except as provided in Subsection (3)(b), the ombudsman shall, upon receipt of a
complaint from any person, investigate whether an act or omission of the division with respect
to a particular child:
(i) is contrary to statute, rule, or policy;
(ii) places a child's health or safety at risk;
(iii) is made without an adequate statement of reason; or
(iv) is based on irrelevant, immaterial, or erroneous grounds.
(b) The ombudsman may decline to investigate any complaint. If the ombudsman
declines to investigate a complaint or continue an investigation, the ombudsman shall notify
the complainant and the division of the decision and of the reasons for that decision.
(c) The ombudsman may conduct an investigation on the ombudsman's own initiative.
(4) The ombudsman shall:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules that govern the following:
(i) receiving and processing complaints;
(ii) notifying complainants and the division regarding a decision to investigate or to
decline to investigate a complaint;
(iii) prioritizing workload;
(iv) maximum time within which investigations shall be completed;
(v) conducting investigations;
(vi) notifying complainants and the division regarding the results of investigations; and
(vii) making recommendations based on the findings and results of recommendations;
(b) report findings and recommendations in writing to the complainant and the
division, in accordance with the provisions of this section;
(c) within appropriations from the Legislature, employ staff as may be necessary to
carry out the ombudsman's duties under this part;
(d) provide information regarding the role, duties, and functions of the ombudsman to
public agencies, private entities, and individuals;
(e) annually report to the:
(i) Child Welfare Legislative Oversight Panel;
(ii) governor;
(iii) Division of Child and Family Services;
(iv) executive director of the department; and
(v) director of the division; and
(f) as appropriate, make recommendations to the division regarding individual cases,
and the rules, policies, and operations of the division.
(5) (a) Upon rendering a decision to investigate a complaint, the ombudsman shall
notify the complainant and the division of that decision.
(b) The ombudsman may advise a complainant to pursue all administrative remedies or
channels of complaint before pursuing a complaint with the ombudsman. Subsequent to
processing a complaint, the ombudsman may conduct further investigations upon the request of
the complainant or upon the ombudsman's own initiative. Nothing in this subsection precludes
a complainant from making a complaint directly to the ombudsman before pursuing an
administrative remedy.
(c) If the ombudsman finds that an individual's act or omission violates state or federal
criminal law, the ombudsman shall immediately report that finding to the appropriate county or
district attorney or to the attorney general.
(d) The ombudsman shall immediately notify the division if the ombudsman finds that
a child needs protective custody[
, as that term is defined in Section 
78A-6-105
].
(e) The ombudsman shall immediately comply with Part 4, Child Abuse or Neglect
Reporting Requirements.
(6) (a) All records of the ombudsman regarding individual cases shall be classified in
accordance with federal law and the provisions of Title 63G, Chapter 2, Government Records
Access and Management Act. The ombudsman may make public a report prepared pursuant to
this section in accordance with the provisions of Title 63G, Chapter 2, Government Records
Access and Management Act.
(b) The ombudsman shall have access to all of the department's written and electronic
records and databases, including those regarding individual cases. In accordance with Title
63G, Chapter 2, Government Records Access and Management Act, all documents and
information received by the ombudsman shall maintain the same classification that was
designated by the department.
(7) (a) The ombudsman shall prepare a written report of the findings and
recommendations, if any, of each investigation.
(b) The ombudsman shall make recommendations to the division if the ombudsman
finds that:
(i) a matter should be further considered by the division;
(ii) an administrative act should be addressed, modified, or canceled;
(iii) action should be taken by the division with regard to one of its employees; or
(iv) any other action should be taken by the division.
Section 25. Section 
62A-4a-250
 is amended to read:
62A-4a-250.
Attorney general responsibility.
[
(1) On or before July 1, 1998, the division shall have established programs designed
to meet the needs of minors who have not been adjudicated as abused or neglected, but who are
otherwise committed to the custody of the division by the juvenile court pursuant to Section
78A-6-117
, and who are classified in the division's management information system as having
been placed in custody primarily on the basis of delinquent behavior or a status offense.
]
[
(2) (a) The processes and procedures designed to meet the needs of children who are
abused or neglected, described in Part 2, Child Welfare Services, and in Title 78A, Chapter 6,
Part 3, Abuse, Neglect, and Dependency Proceedings, are not applicable to the minors
described in Subsection (1).
]
[
(b) The procedures described in Subsection 
78A-6-118
(2)(a) are applicable to the
minors described in Subsection (1).
]
[
(3) As of July 1, 1998, the
]
The
 attorney general's office has the responsibility to represent the division with regard
to actions involving minors [
described in Subsection (1)
] 
ordered to complete in-home family
services under Section 
78A-6-117.5
. Nothing in this section may be construed to affect the
responsibility of the county attorney or district attorney to represent the state in those matters,
in accordance with Section 
78A-6-115
.
Section 26. Section 
62A-7-101
 is amended to read:
62A-7-101.
Definitions.
As used in this chapter:
(1) "Authority" means the Youth Parole Authority, established in accordance with
Section 
62A-7-501
.
(2) "Board" means the Board of Juvenile Justice Services established in accordance
with Section 
62A-1-105
.
(3) "Community-based program" means a nonsecure residential or nonresidential
program designated to supervise and rehabilitate youth offenders in 
accordance with
Subsection 
78A-6-117
(2) that prioritizes
 the least restrictive 
nonresidential
 setting, consistent
with public safety, and designated or operated by or under contract with the division.
(4) "Control" means the authority to detain, restrict, and supervise a youth in a manner
consistent with public safety and the well being of the youth and division employees.
(5) "Court" means the juvenile court.
(6) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
committed by an adult.
(7) "Detention" means secure detention or home detention.
(8) "Detention center" means a facility established in accordance with Title 62A,
Chapter 7, Part 2, Detention Facilities.
(9) "Director" means the director of the Division of Juvenile Justice Services.
(10) "Discharge" means a written order of the Youth Parole Authority that removes a
youth offender from its jurisdiction.
(11) "Division" means the Division of Juvenile Justice Services.
(12) "Home detention" means predispositional placement of a child in the child's home
or a surrogate home with the consent of the child's parent, guardian, or custodian for conduct
by a child who is alleged to have committed a delinquent act or postdispositional placement
pursuant to Subsection 
78A-6-117
(2)(f) or 
78A-6-1101
(3).
(13) "Observation and assessment program" means a 
nonresidential
 service program
operated or purchased by the division[
,
] that is responsible [
for temporary custody of youth
offenders for observation
] 
only for diagnostic assessment of minors, including for substance
use disorder, mental health, psychological, and sexual behavior risk assessments
.
(14) "Parole" means a conditional release of a youth offender from residency in a
secure facility to live outside that facility under the supervision of the Division of Juvenile
Justice Services or other person designated by the division.
(15) "Performance-based contracting" means a system of contracting with service
providers for the provision of residential or nonresidential services that:
(a) provides incentives for the implementation of evidence-based juvenile justice
programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
to Section 
63M-7-208
; and
(b) provides a premium rate allocation for a minor who receives the evidence-based
dosage of treatment and successfully completes the program within three months.
[
(15)
] 
(16)
 "Receiving center" means a nonsecure, nonresidential program established
by the division or under contract with the division that is responsible for juveniles taken into
custody by a law enforcement officer for status offenses
, infractions,
 or delinquent acts[
, but
who do not meet the criteria for admission to secure detention or shelter
].
[
(16)
] 
(17)
 "Rescission" means a written order of the Youth Parole Authority that
rescinds a parole date.
[
(17)
] 
(18)
 "Revocation of parole" means a written order of the Youth Parole Authority
that terminates parole supervision of a youth offender and directs return of the youth offender
to the custody of a secure facility [
because of a violation of the conditions of parole
] 
after a
hearing and a determination that there has been a violation of law or of a condition of parole
that warrants a return to a secure facility in accordance with Section 
62A-7-504
.
[
(18)
] 
(19)
 "Runaway" means a youth who willfully leaves the residence of a parent or
guardian without the permission of the parent or guardian.
[
(19)
] 
(20)
 "Secure detention" means predisposition placement in a facility operated by
or under contract with the division, for conduct by a child who is alleged to have committed a
delinquent act.
[
(20)
] 
(21)
 "Secure facility" means any facility operated by or under contract with the
division, that provides 24-hour supervision and confinement for youth offenders committed to
the division for custody and rehabilitation.
[
(21)
] 
(22)
 "Shelter" means the temporary care of children in physically unrestricted
facilities pending court disposition or transfer to another jurisdiction.
[
(22)
] 
(23) (a)
 "Temporary custody" means control and responsibility of
nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
adult, or to an appropriate agency.
(b) "Temporary custody" does not include a placement in a secure facility, including
secure detention, or a residential community-based program operated or contracted by the
division, except pursuant to Subsection 
78A-6-117
(2).
[
(23)
] 
(24)
 "Termination" means a written order of the Youth Parole Authority that
terminates a youth offender from parole.
[
(24)
] 
(25)
 "Ungovernable" means a youth in conflict with a parent or guardian, and the
conflict:
(a) results in behavior that is beyond the control or ability of the youth, or the parent or
guardian, to manage effectively;
(b) poses a threat to the safety or well-being of the youth, the family, or others; or
(c) results in the situations in both Subsections [
(24)
] 
(25)
(a) and (b).
[
(25)
] 
(26)
 "Work program" means a 
nonresidential
 public or private service work
project established and administered by the division for youth offenders for the purpose of
rehabilitation, education, and restitution to victims.
[
(26)
] 
(27)
 "Youth offender" means a person 12 years of age or older, and who has not
reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
jurisdiction of the division, for confinement in a secure facility or supervision in the
community, following adjudication for a delinquent act which would constitute a felony or
misdemeanor if committed by an adult 
in accordance with Section 
78A-6-117
.
[
(27)
] 
(28)
 (a) "Youth services" means services provided in an effort to resolve family
conflict:
(i) for families in crisis when a minor is ungovernable or runaway; or
(ii) involving a minor and the minor's parent or guardian.
(b) These services include efforts to:
(i) resolve family conflict;
(ii) maintain or reunite minors with their families; and
(iii) divert minors from entering or escalating in the juvenile justice system[
;
]
.
(c) The services may provide:
(i) crisis intervention;
(ii) short-term shelter;
(iii) time out placement; and
(iv) family counseling.
Section 27. Section 
62A-7-104
 is amended to read:
62A-7-104.
Division responsibilities.
(1) The division is responsible for all youth offenders committed to [
it
] 
the division
 by
juvenile courts for secure confinement or supervision and treatment in the community 
in
accordance with Section 
78A-6-117
.
(2) The division shall:
(a) establish and administer a continuum of community, secure, and nonsecure
programs for all youth offenders committed to the division;
(b) establish and maintain all detention and secure facilities and set minimum standards
for those facilities;
(c) establish and operate prevention and early intervention youth services programs for
nonadjudicated youth placed with the division; and
(d) establish observation and assessment programs necessary to serve youth offenders
[
committed by the juvenile court for short-term observation under Subsection 
78A-6-117
(2)(e),
and whenever possible, conduct the programs in settings separate and distinct from secure
facilities for youth offenders
] 
in a nonresidential setting under Subsection 
78A-6-117
(2)(e)
.
(3) The division shall place youth offenders committed to it in the most appropriate
program for supervision and treatment.
(4) In any order committing a youth offender to the division, the juvenile court shall
[
specify
] 
find
 whether the youth offender is being committed for secure confinement 
under
Subsection 
78A-6-117
(2)(c),
 or placement in a community-based program[
.
] 
under Subsection
78A-6-117
(2)(c), and specify the criteria under Subsection 
78A-6-117
(2)(c) or (d) underlying
the commitment.
 The division shall place the youth offender in the most appropriate program
within the category specified by the court.
(5) The division shall employ staff necessary to:
(a) supervise and control youth offenders in secure facilities or in the community;
(b) supervise and coordinate treatment of youth offenders committed to the division for
placement in community-based programs; and
(c) control and supervise 
adjudicated and
 nonadjudicated youth placed with the
division for temporary services in receiving centers, youth services, and other programs
established by the division.
(6) 
(a)
 Youth in the custody or temporary custody of the division are controlled or
detained in a manner consistent with public safety and rules [
promulgated
] 
made
 by the
division. In the event of an unauthorized leave from a secure facility, detention center,
community-based program, receiving center, home, or any other designated placement,
division employees have the authority and duty to locate and apprehend the youth, or to initiate
action with local law enforcement agencies for assistance.
(b) A rule made by the division under this Subsection (6) may not permit secure
detention based solely on the existence of multiple status offenses, misdemeanors, or
infractions alleged in the same criminal episode.
(7) The division shall establish and operate compensatory-service work programs for
youth offenders committed to the division by the juvenile court. The compensatory-service
work program 
may not be residential and
 shall:
(a) provide labor to help in the operation, repair, and maintenance of public facilities,
parks, highways, and other programs designated by the division;
(b) provide educational and prevocational programs in cooperation with the State
Board of Education for youth offenders placed in the program; and
(c) provide counseling to youth offenders.
(8) The division shall establish minimum standards for the operation of all private
residential and nonresidential rehabilitation facilities [
which
] 
that
 provide services to juveniles
who have committed a delinquent act[
,
] 
or infraction
 in this state or in any other state.
(9) In accordance with policies established by the board, the division shall provide
regular training for staff of secure facilities, detention staff, case management staff, and staff of
the community-based programs.
(10) (a) The division is authorized to employ special function officers, as defined in
Section 
53-13-105
, to locate and apprehend minors who have absconded from division
custody, transport minors taken into custody pursuant to division policy, investigate cases, and
carry out other duties as assigned by the division.
(b) Special function officers may be employed through contract with the Department of
Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
(11) The division shall designate employees to obtain the saliva DNA specimens
required under Section 
53-10-403
. The division shall ensure that the designated employees
receive appropriate training and that the specimens are obtained in accordance with accepted
protocol.
(12) The division shall register with the Department of Corrections any person who:
(a) has been adjudicated delinquent based on an offense listed in Subsection
77-41-102
(17)(a);
(b) has been committed to the division for secure confinement; and
(c) remains in the division's custody 30 days [
prior to
] 
before
 the person's 21st
birthday.
(13) The division shall ensure that a program delivered to a youth offender under this
section is evidence based in accordance with Section 
63M-7-208
.
Section 28. Section 
62A-7-107.5
 is amended to read:
62A-7-107.5.
Contracts with private providers.
(1) This chapter does not prohibit the division from contracting with private providers
or other agencies for the construction, operation, and maintenance of juvenile facilities or the
provision of care, treatment, and supervision of youth offenders who have been committed to
the care of the division.
(2) All programs for the care, treatment, and supervision of youth offenders committed
to the division shall be licensed in compliance with division standards within six months after
commencing operation.
(3) A contract for the care, treatment, and supervision of a youth offender committed to
the division shall be executed in accordance with the performance-based contracting system
developed under Section 
63M-7-208
.
Section 29. Section 
62A-7-109.5
 is amended to read:
62A-7-109.5.
Restitution by youth offender.
(1) The division shall make reasonable efforts to ensure that restitution is made to the
victim of a youth offender. Restitution shall be made through the employment of youth
offenders in work programs. However, reimbursement to the victim of a youth offender is
conditional upon that youth offender's involvement in the work program.
(2) Restitution 
ordered by the court
 may be made a condition of release, placement, or
parole by the division. [
In the event of parole revocation or, where there is no court order
requiring restitution to the victim and the loss to the victim has been determined, the division
shall evaluate whether restitution is appropriate and, if so, the amount or type of restitution to
which the victim is entitled.
]
(3) The division shall notify the juvenile court of all restitution paid to victims through
the employment of youth offenders in work programs.
Section 30. Section 
62A-7-201
 is amended to read:
62A-7-201.
Confinement -- Facilities -- Restrictions.
(1) Children under 18 years of age, who are apprehended by any officer or brought
before any court for examination under any provision of state law, may not be confined in jails,
lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
secure postadjudication correctional facilities operated by the division, except as provided in
Subsection (2), other specific statute, or in conformance with standards approved by the board.
(2) (a) Children charged with crimes under Section 
78A-6-701
, as a serious youth
offender under Section 
78A-6-702
 and bound over to the jurisdiction of the district court, or
certified to stand trial as an adult pursuant to Section 
78A-6-703
, if detained, shall be detained
as provided in these sections.
(b) Children detained in adult facilities under Section 
78A-6-702
 or 
78A-6-703
 [
prior
to
] 
before
 a hearing before a magistrate, or under Subsection 
78A-6-113
(3), may only be held
in certified juvenile detention accommodations in accordance with rules [
promulgated
] 
made
by the [
division
] 
Commission on Criminal and Juvenile Justice
. Those rules shall include
standards for acceptable sight and sound separation from adult inmates. The [
division
]
Commission on Criminal and Juvenile Justice
 certifies facilities that are in compliance with the
[
division's
] 
Commission on Criminal and Juvenile Justice's
 standards. [
The provisions of this
]
This
 Subsection (2)(b) [
do
] 
does
 not apply to juveniles held in an adult detention facility in
accordance with Subsection (2)(a).
(3) In areas of low density population, the [
division
] 
Commission on Criminal and
Juvenile Justice
 may, by rule, approve juvenile holding accommodations within adult facilities
that have acceptable sight and sound separation. Those facilities shall be used only for
short-term holding purposes, with a maximum confinement of six hours, for children alleged to
have committed an act which would be a criminal offense if committed by an adult. 
Acceptable short-term holding purposes are: identification, notification of juvenile court
officials, processing, and allowance of adequate time for evaluation of needs and circumstances
regarding release or transfer to a shelter or detention facility. [
The provisions of this
] 
This
Subsection (3) [
do
] 
does
 not apply to juveniles held in an adult detention facility in accordance
with Subsection (2)(a).
(4) Children who are alleged to have committed an act [
which
] 
that
 would be a
criminal offense if committed by an adult, may be detained in holding rooms in local law
enforcement agency facilities for a maximum of two hours, for identification or interrogation,
or while awaiting release to a parent or other responsible adult. Those rooms shall be certified
by the [
division
] 
Commission on Criminal and Juvenile Justice
, according to the [
division's
]
Commission on Criminal and Juvenile Justice's
 rules. Those rules shall include provisions for
constant supervision and for sight and sound separation from adult inmates.
(5) Willful failure to comply with [
any of the provisions of
] this section is a class B
misdemeanor.
(6) (a) The division is responsible for the custody and detention of children under 18
years of age who require detention care [
prior to
] 
before
 trial or examination, or while awaiting
assignment to a home or facility, as a dispositional placement under Subsection
78A-6-117
(2)(f)(i) [
or 
78A-6-1101
(3)(a)
], and of youth offenders under Subsection
62A-7-504
[
(8). The provisions of this
]
(9). This
 Subsection (6)(a) [
do
] 
does
 not apply to
juveniles held in an adult detention facility in accordance with Subsection (2)(a).
(b) 
(i)
 The [
division
] 
Commission on Criminal and Juvenile Justice
 shall provide
standards for custody or detention under Subsections (2)(b), (3), and (4)[
, and
]
.
(ii) The division
 shall determine and set standards for conditions of care and
confinement of children in detention facilities.
(c) All other custody or detention shall be provided by the division, or by contract with
a public or private agency willing to undertake temporary custody or detention upon agreed
terms, or in suitable premises distinct and separate from the general jails, lockups, or cells used
in law enforcement and corrections systems. [
The provisions of this
] 
This
 Subsection (6)(c)
[
do
] 
does
 not apply to juveniles held in an adult detention facility in accordance with
Subsection (2)(a).
Section 31. Section 
62A-7-202
 is amended to read:
62A-7-202.
Location of 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 [
the provisions of
] this chapter.
(2) The division[
, through its detention centers,
] is responsible for development,
implementation, and administration of home detention services 
available in every judicial
district
, and shall establish criteria for placement on home detention.
(3) 
(a)
 The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establishing standards for admission to secure detention and
home detention programs.
(b) The rules made under this Subsection (3) shall prioritize use of home detention for
a minor who might otherwise be held in secure detention.
(4) The division shall provide training regarding implementation of the rules to law
enforcement agencies, division employees, juvenile court employees, and other affected
agencies and individuals upon their request.
Section 32. Section 
62A-7-404
 is amended to read:
62A-7-404.
Commitment -- Termination and review.
(1) A youth offender who has been committed to a secure facility shall remain until the
offender reaches the age of 21, is paroled, or is discharged.
(2) A youth offender who has been committed to a secure facility shall appear before
the authority within [
] 
 days after commitment[
,
] for review of treatment plans and
establishment of parole release guidelines.
(3) (a) For a youth offender committed to a secure facility, except a youth offender
excluded under Subsection (5), the authority shall set a presumptive term of commitment that
does not exceed three to six months.
(b) The authority shall release the minor onto parole at the end of the presumptive term
of commitment unless at least one the following circumstances exists:
(i) termination would interrupt the completion of a necessary treatment program; or
(ii) the youth commits a new misdemeanor or felony offense.
(c) Completion of a program under Subsection (3)(b)(i) shall be determined by a
minor's consistent attendance and completing the goals of the necessary treatment program as
determined by the Youth Parole Authority after consideration of the recommendations of a
licensed service provider.
(d) The authority may extend the length of commitment and delay parole release for the
time needed to address the specific circumstance only if one of the circumstances under
Subsection (3)(b) exists.
(e) The length of the extension and the grounds for the extension shall be recorded and
reported annually to the Commission on Criminal and Juvenile Justice.
(4) (a) For a youth offender committed to a secure facility, except a youth offender
excluded under Subsection (5), the authority shall set a presumptive term of parole supervision
that does not exceed three to four months.
(b) A minor whom the authority determines is unable to return home immediately upon
release may serve the term of parole in the home of a qualifying relative or guardian, or at an
independent living program contracted or operated by the division.
(c) The authority shall release the minor from parole and terminate jurisdiction at the
end of the presumptive term of parole unless at least one the following circumstances exists:
(i) termination would interrupt the completion of a necessary treatment program;
(ii) the youth commits a new misdemeanor or felony offense; or
(iii) service hours have not been completed.
(d) Completion of a program under Subsection (4)(c) shall be determined by a minor's
consistent attendance and completing the goals of the necessary treatment program as
determined by the Youth Parole Authority after consideration of the recommendations of a
licensed service provider.
(e) If one of the circumstances under Subsection (4)(c) exists, the authority may delay
parole release only for the time needed to address the specific circumstance.
(f) Grounds for extension of the presumptive length of parole and the length of the
extension shall be recorded and reported annually to the Commission on Criminal and Juvenile
Justice.
(g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
shall toll until the minor returns.
(5) Subsections (3) and (4) do not apply to a youth offender committed to a secure
facility for:
(a) Section 
76-5-202
, attempted aggravated murder;
(b) Section 
76-5-203
, murder or attempted murder;
(c) Section 
76-5-405
, aggravated sexual assault;
(d) a felony violation of:
(i) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii) Section 
76-5-302
, aggravated kidnapping; or
(iii) Section 
76-6-103
, aggravated arson;
(e) Section 
76-6-203
, aggravated burglary;
(f) Section 
76-6-302
, aggravated robbery;
(g) Section 
76-10-508.1
, felony discharge of a firearm; or
(h) an offense other than those listed in Subsections (5)(a) through (g) involving the
use of a dangerous weapon that would be a felony if committed by an adult, and the minor has
been previously adjudicated or convicted of an offense involving the use of a dangerous
weapon that also would have been a felony if committed by an adult.
(6) (a) The division may continue to have responsibility for any minor discharged
under this section from parole until 21 years of age for the purposes of specific educational or
rehabilitative programs, under conditions agreed upon by both the division and the minor and
terminable by either.
(b) The division shall offer the educational or rehabilitative program before the minor's
discharge date as provided in this section.
(c) Notwithstanding Subsection (6)(b), a minor may request and the division shall
consider any such request for the services described in this section, for up to 90 days after the
minor's effective date of discharge, even when the minor has previously declined services or
services were terminated for noncompliance, and may reach an agreement with the minor,
terminable by either, to provide the services described in this section until the minor attains the
age of 21.
Section 33. Section 
62A-7-501
 is amended to read:
62A-7-501.
Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
(1) There is created within the division a Youth Parole Authority.
(2) (a) The authority is composed of 10 part-time members and five pro tempore
members who are residents of this state. No more than three pro tempore members may serve
on the authority at any one time.
(b) Throughout this section, the term "member" refers to both part-time and pro
tempore members of the Youth Parole Authority.
(3) (a) Except as required by Subsection (3)(b), members shall be appointed to
four-year terms by the governor with the consent of the Senate.
(b) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of authority members are staggered so that approximately half
of the authority is appointed every two years.
(4) Each member shall have training or experience in social work, law, juvenile or
criminal justice, or related behavioral sciences.
(5) When a vacancy occurs in the membership for any reason, the replacement member
shall be appointed for the unexpired term.
(6) During the tenure of [
his
] 
the member's
 appointment, a member may not:
(a) be an employee of the department, other than in [
his
] 
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 its contractor.
(7) 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.
(8) 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 pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) The authority shall determine appropriate parole dates for youth offenders, based on
guidelines established by the board 
and in accordance with Section 
62A-7-404
. The board
shall review and update policy guidelines annually.
(10) Youth offenders may be paroled to their own homes, [
to a residential
community-based program, to a nonresidential community-based treatment program
] 
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
62A-7-404
.
(11) The division's case management staff shall implement parole release plans and
shall supervise youth offenders while on parole.
(12) The division shall permit the authority to have reasonable access to youth
offenders in secure facilities and shall furnish all pertinent data requested by the authority in
matters of parole, revocation, and termination.
Section 34. Section 
62A-7-504
 is amended to read:
62A-7-504.
Parole revocation -- Hearing -- Procedures.
(1) The authority may revoke the parole of a youth offender 
only
 after a hearing and
upon determination that there has been a violation of law or of a condition of parole by the
youth offender [
which
] 
that
 warrants [
his
] 
the youth offender's
 return to a secure facility. The
parole revocation hearing shall be held at a secure facility.
(2) Before returning a youth offender to a secure facility 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 youth offender violated the conditions of [
his
] 
the youth offender's
 parole. Upon a
finding of probable cause, the youth offender may be remanded to a secure facility, 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 pursuant to Section 
78A-6-123
on and after July 1, 2018.
[
(3)
] 
(4)
 A paroled youth offender is entitled to legal representation at the parole
revocation hearing, and if the youth offender or [
his
] 
the youth offender's
 family has requested
but cannot afford legal representation, the authority shall appoint legal counsel.
[
(4)
] 
(5)
 The authority and the administrative officer have power to issue subpoenas,
compel attendance of witnesses, compel production of books, papers and other documents,
administer oaths, and take testimony under oath for the purposes of conducting the hearings.
[
(5)
] 
(6)
 (a) A youth offender shall receive timely advance notice of the date, time,
place, and reason for the hearing, and has the right to appear at the hearing.
(b) The authority shall provide the youth 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)
] 
(7)
 Decisions in parole revocation 
or rescission
 hearings shall be reached by a
majority vote of the present members of the authority.
[
(7)
] 
(8)
 The administrative officer shall maintain summary records of all hearings and
provide written notice to the youth offender of the decision and reason for the decision.
[
(8)
] 
(9)
 (a) The authority may issue a warrant to order any peace officer or division
employee to take into custody a youth offender alleged to be in violation of parole conditions 
in
accordance with Section 
78A-6-123
 on and after July 1, 2018
.
(b) The division may issue a warrant to any peace officer or division employee to
retake a youth offender who has escaped from a secure facility.
(c) Based upon the warrant issued under this Subsection [
(8)
] 
(9)
, a youth 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 prerecission
 hearing of the alleged parole
violation, or in the case of an escapee, arrangement for transportation to the secure facility.
Section 35. Section 
62A-7-506
 is amended to read:
62A-7-506.
Discharge of youth offender.
(1) A youth offender may be discharged from the jurisdiction of the division at any
time, by written order of the Youth Parole Authority, upon a finding that no further purpose
would be served by secure confinement or supervision in a community setting.
(2) Discharge of a youth offender shall be in accordance with policies approved by the
board 
and Section 
62A-7-404
.
(3) Discharge of a youth offender is a complete release of all penalties incurred by
adjudication of the offense for which the youth offender was committed.
Section 36. Section 
62A-7-601
 is amended to read:
62A-7-601.
Youth services for prevention and early intervention -- Program
standards -- Program services.
(1) The division shall establish and operate prevention and early intervention youth
services programs.
(2) The division shall adopt with the approval of the board statewide policies and
procedures, including minimum standards for the organization and operation of youth services
programs.
(3) The division shall establish housing, programs, and procedures to ensure that youth
who are receiving services under this section and who are not in the custody of the division are
served separately from youth who are in custody of the division.
(4) The division may enter into contracts with state and local governmental entities and
private providers to provide the youth services.
(5) The division shall establish and administer juvenile receiving centers and other
programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
for nonadjudicated 
and adjudicated
 youth placed with the division.
(6) The division shall prioritize use of evidence-based juvenile justice programs and
practices.
Section 37. Section 
62A-7-701
 is amended to read:
62A-7-701.
Community-based programs.
(1) 
(a)
 The division shall operate residential and nonresidential community-based 
programs to provide care, treatment, and supervision [
for paroled youth offenders and
] for
youth offenders committed to the division by juvenile courts.
(b) The division shall operate or contract for nonresidential community-based
programs and independent living programs to provide care, treatment, and supervision of
paroled youth offenders.
(2) The division shall adopt, with the approval of the board, minimum standards for the
organization and operation of community-based corrections programs for youth offenders.
(3) The division shall place youth offenders committed to it for community-based
programs in the most appropriate program based upon the division's evaluation of the youth
offender's needs and the division's available resources 
in accordance with Sections 
62A-7-404
and 
78A-6-117
.
Section 38. Section 
63I-2-262
 is amended to read:
63I-2-262.
Repeal dates, Title 62A.
Section 
62A-1-111.5
 is repealed July 1, 2018.
Section 39. Section 
63M-7-204
 is amended to read:
63M-7-204.
Duties of commission.
(1)
 The State Commission on Criminal and Juvenile Justice administration shall:
[
(1)
] 
(a)
 promote the commission's purposes as enumerated in Section 
63M-7-201
;
[
(2)
] 
(b)
 promote the communication and coordination of all criminal and juvenile
justice agencies;
[
(3)
] 
(c)
 study, evaluate, and report on the status of crime in the state and on the
effectiveness of criminal justice policies, procedures, and programs that are directed toward the
reduction of crime in the state;
[
(4)
] 
(d)
 study, evaluate, and report on programs initiated by state and local agencies to
address reducing recidivism, including changes in penalties and sentencing guidelines intended
to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
alternative to incarceration, as resources allow;
[
(5)
] 
(e)
 study, evaluate, and report on policies, procedures, and programs of other
jurisdictions which have effectively reduced crime;
[
(6)
] 
(f)
 identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime in Utah;
[
(7)
] 
(g)
 provide analysis and recommendations on all criminal and juvenile justice
legislation, state budget, and facility requests, including program and fiscal impact on all
components of the criminal and juvenile justice system;
[
(8)
] 
(h)
 provide analysis, accountability, recommendations, and supervision for state
and federal criminal justice grant money;
[
(9)
] 
(i)
 provide public information on the criminal and juvenile justice system and
give technical assistance to agencies or local units of government on methods to promote
public awareness;
[
(10)
] 
(j)
 promote research and program evaluation as an integral part of the criminal
and juvenile justice system;
[
(11)
] 
(k)
 provide a comprehensive criminal justice plan annually;
[
(12)
] 
(l)
 review agency forecasts regarding future demands on the criminal and
juvenile justice systems, including specific projections for secure bed space;
[
(13)
] 
(m)
 promote the development of criminal and juvenile justice information
systems that are consistent with common standards for data storage and are capable of
appropriately sharing information with other criminal justice information systems by:
[
(a)
] 
(i)
 developing and maintaining common data standards for use by all state
criminal justice agencies;
[
(b)
] 
(ii)
 annually performing audits of criminal history record information maintained
by state criminal justice agencies to assess their accuracy, completeness, and adherence to
standards;
[
(c)
] 
(iii)
 defining and developing state and local programs and projects associated with
the improvement of information management for law enforcement and the administration of
justice; and
[
(d)
] 
(iv)
 establishing general policies concerning criminal and juvenile justice
information systems and making rules as necessary to carry out the duties under [
this
]
Subsection [
(13)
] 
(1)(k)
 and 
this
 Subsection [
(11)
] 
(1)(m)
;
[
(14)
] 
(n)
 allocate and administer grants, from money made available, for approved
education programs to help prevent the sexual exploitation of children;
[
(15)
] 
(o)
 allocate and administer grants funded from money from the Law
Enforcement Operations Account created in Section 
51-9-411
 for law enforcement operations
and programs related to reducing illegal drug activity and related criminal activity;
[
(16)
] 
(p)
 request, receive, and evaluate data and recommendations collected and
reported by agencies and contractors related to policies recommended by the commission
regarding recidivism reduction; [
and
]
[
(17)
] 
(q)
 establish and administer a performance incentive grant program that allocates
funds appropriated by the Legislature to programs and practices implemented by counties that
reduce recidivism and reduce the number of offenders per capita who are incarcerated[
.
]
;
(r) oversee or designate an entity to oversee the implementation of juvenile justice
reforms; and
(s) make rules and administer the juvenile holding room standards and juvenile jail
standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
pursuant to 42 U.S.C. Sec. 5633.
(2) If the commission designates an entity under Subsection (1)(r), the commission
shall ensure that the membership of the entity includes representation from the three branches
of government and, as determined by the commission, representation from relevant stakeholder
groups across all parts of the juvenile justice system, including county representation.
Section 40. Section 
63M-7-208
 is enacted to read:
 63M-7-208.
Juvenile justice oversight -- Delegation -- Effective dates.
(1) The Commission on Criminal and Juvenile Justice shall:
(a) support implementation and expansion of evidence-based juvenile justice programs
and practices, including assistance regarding implementation fidelity, quality assurance, and
ongoing evaluation;
(b) examine and make recommendations on the use of third-party entities or an
intermediary organization to assist with implementation and to support the performance-based
contracting system authorized in Subsection (1)(m);
(c) oversee the development of performance measures to track juvenile justice reforms,
and ensure early and ongoing stakeholder engagement in identifying the relevant performance
measures;
(d) evaluate currently collected data elements throughout the juvenile justice system
and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
inefficiencies, and ensure a focus on recidivism reduction;
(e) review averted costs from reductions in out-of-home placements for juvenile justice
youth placed with the Division of Juvenile Justice Services and the Division of Child and
Family Services, and make recommendations to prioritize the reinvestment and realignment of
resources into community-based programs for youth living at home, including the following:
(i) statewide expansion of:
(A) receiving centers;
(B) mobile crisis outreach teams, as defined in Section 
78A-6-105
;
(C) youth courts; and
(D) victim-offender mediation;
(ii) statewide implementation of nonresidential diagnostic assessment;
(iii) statewide availability of evidence-based programs and practices including
cognitive behavioral and family therapy programs for minors assessed by a validated risk and
needs assessment as moderate or high risk;
(iv) implementation and infrastructure to support the sustainability and fidelity of
evidence-based juvenile justice programs, including resources for staffing, transportation, and
flexible funds; and
(v) early intervention programs such as family strengthening programs, family
wraparound services, and proven truancy interventions;
(f) assist the Administrative Office of the Courts in the development of a statewide
sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
family to pay;
(g) analyze the alignment of resources and the roles and responsibilities of agencies,
such as the operation of early intervention services, receiving centers, and diversion, and make
recommendations to reallocate functions as appropriate, in accordance with Section
62A-7-601
;
(h) ensure that data reporting is expanded and routinely review data in additional areas,
including:
(i) referral and disposition data by judicial district;
(ii) data on the length of time minors spend in the juvenile justice system, including the
total time spent under court jurisdiction, on community supervision, and in each out-of-home
placement;
(iii) recidivism data for diversion types pursuant to Section 
78A-6-602
 and disposition
types pursuant to Section 
78A-6-117
, including tracking minors into the adult corrections
system;
(iv) change in aggregate risk levels from the time minors receive services, are under
supervision, and are in out-of-home placement; and
(v) dosage of programming;
(i) develop a reasonable timeline within which all programming delivered to minors in
the juvenile justice system must be evidence-based or consist of practices that are rated as
effective for reducing recidivism by a standardized program evaluation tool;
(j) provide guidelines to be considered by the Administrative Office of the Courts and
the Division of Juvenile Justice Services in developing tools considered by the Administrative
Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
tools to be used for the evaluation of juvenile justice programs;
(k) develop a timeline to support improvements to juvenile justice programs to achieve
reductions in recidivism and review reports from relevant state agencies on progress toward
reaching that timeline;
(l) subject to Subsection (2), assist in the development of training for juvenile justice
stakeholders, including educators, law enforcement officers, probation staff, judges, Division
of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
providers;
(m) subject to Subsection (3), assist in the development of a performance-based
contracting system, which shall be developed by the Administrative Office of the Courts and
the Division of Juvenile Justice Services for contracted services in the community and
contracted out-of-home placement providers;
(n) assist in the development of a validated detention risk assessment tool that shall be
developed or adopted and validated by the Administrative Office of the Courts and the
Division of Juvenile Justice Services as provided in Section 
78A-6-124
 on and after July 1,
2018; and
(o) annually issue and make public a report to the governor, president of the Senate,
speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
progress of the reforms and any additional areas in need of review.
(2) Training described in Subsection (1)(l) should include instruction on
evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
and fidelity, and shall be supplemented by the following topics:
(a) adolescent development;
(b) identifying and using local behavioral health resources;
(c) implicit bias;
(d) cultural competency;
(e) graduated responses;
(f) Utah juvenile justice system data and outcomes; and
(g) gangs.
(3) The system described in Subsection (1)(m) shall provide incentives for:
(a) the use of evidence-based juvenile justice programs and practices rated as effective
by the tools selected in accordance with Subsection (1)(j);
(b) the use of three-month timelines for program completion; and
(c) evidence-based programs and practices for minors living at home in rural areas.
(4) The Commission on Criminal and Juvenile Justice may delegate the duties imposed
under this section to a subcommittee or board established by the Commission on Criminal and
Juvenile Justice in accordance with Subsection 
63M-7-204
(2).
(5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
section takes effect July 1, 2018.
Section 41. Section 
63M-7-404
 is amended to read:
63M-7-404.
Purpose -- Duties.
(1) The purpose of the commission shall be to develop guidelines and propose
recommendations to the Legislature, the governor, and the Judicial Council about the
sentencing and release of juvenile and adult offenders in order to:
(a) respond to public comment;
(b) relate sentencing practices and correctional resources;
(c) increase equity in criminal sentencing;
(d) better define responsibility in criminal sentencing; and
(e) enhance the discretion of sentencing judges while preserving the role of the Board
of Pardons and Parole and the Youth Parole Authority.
(2) (a) The commission shall modify the sentencing guidelines for adult offenders to
implement the recommendations of the Commission on Criminal and Juvenile Justice for
reducing recidivism.
(b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
the public and ensuring efficient use of state funds.
(3) (a) The commission shall modify the criminal history score in the sentencing
guidelines for adult offenders to implement the recommendations of the Commission on
Criminal and Juvenile Justice for reducing recidivism.
(b) The modifications to the criminal history score under Subsection (3)(a) shall
include factors in an offender's criminal history that are relevant to the accurate determination
of an individual's risk of offending again.
(4) (a) The commission shall establish sentencing guidelines for periods of
incarceration for individuals who are on probation and:
(i) who have violated one or more conditions of probation; and
(ii) whose probation has been revoked by the court.
(b) The guidelines shall consider the seriousness of the violation of the conditions of
probation, the probationer's conduct while on probation, and the probationer's criminal history.
(5) (a) The commission shall establish sentencing guidelines for periods of
incarceration for individuals who are on parole and:
(i) who have violated a condition of parole; and
(ii) whose parole has been revoked by the Board of Pardons and Parole.
(b) The guidelines shall consider the seriousness of the violation of the conditions of
parole, the individual's conduct while on parole, and the individual's criminal history.
(6) The commission shall establish graduated sanctions to facilitate the prompt and
effective response to an individual's violation of the terms of probation or parole by the adult
probation and parole section of the Department of Corrections in order to implement the
recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism,
including:
(a) sanctions to be used in response to a violation of the terms of probation or parole;
(b) when violations should be reported to the court or the Board of Pardons and Parole;
and
(c) a range of sanctions that may not exceed a period of incarceration of more than:
(i) three consecutive days; and
(ii) a total of five days in a period of 30 days.
(7) The commission shall establish graduated incentives to facilitate a prompt and
effective response by the adult probation and parole section of the Department of Corrections
to an offender's:
(a) compliance with the terms of probation or parole; and
(b) positive conduct that exceeds those terms.
(8) (a) The commission shall establish guidelines, including sanctions and incentives,
to appropriately respond to negative and positive behavior of juveniles who are:
(i) nonjudicially adjusted;
(ii) placed on diversion;
(iii) placed on probation;
(iv) placed on community supervision;
(v) placed in an out-of-home placement; or
(vi) placed in a secure care facility.
(b) In establishing guidelines under this Subsection (8), the commission shall consider:
(i) the seriousness of the negative and positive behavior;
(ii) the juvenile's conduct post-adjudication; and
(iii) the delinquency history of the juvenile.
(c) The guidelines shall include:
(i) responses that are swift and certain;
(ii) a continuum of community-based options for juveniles living at home;
(iii) responses that target the individual's criminogenic risk and needs; and
(iv) incentives for compliance, including earned discharge credits.
Section 42. Section 
76-5-413
 is amended to read:
76-5-413.
Custodial sexual relations or misconduct with youth receiving state
services -- Definitions -- Penalties -- Defenses.
(1) As used in this section:
(a) "Actor" means:
(i) a person employed by the Department of Human Services, as created in Section
62A-1-102
, or an employee of a private provider or contractor; or
(ii) a person employed by the juvenile court of the state, or an employee of a private
provider or contractor.
(b) "Department" means the Department of Human Services created in Section
62A-1-102
.
(c) "Juvenile court" means the juvenile court of the state created in Section 
78A-6-102
.
(d) "Private provider or contractor" means any person or entity that contracts with the:
(i) department to provide services or functions that are part of the operation of the
department; or
(ii) juvenile court to provide services or functions that are part of the operation of the
juvenile court.
(e) "Youth receiving state services" means a person:
(i) younger than 18 years of age, except as provided under Subsection (1)(e)(ii), who is:
(A) in the custody of the department under Subsection 
78A-6-117
(2)(c)[
(ii)
]; or
(B) receiving services from any division of the department if any portion of the costs of
these services is covered by public money as defined in Section 
76-8-401
; or
(ii) younger than 21 years of age who is:
(A) in the custody of the Division of Juvenile Justice Services, or the Division of Child
and Family Services; or
(B) under the jurisdiction of the juvenile court.
(2) (a) An actor commits custodial sexual relations with a youth receiving state
services if the actor commits any of the acts under Subsection (3):
(i) under circumstances not amounting to commission of, or an attempt to commit, an
offense under Subsection (6); and
(ii) (A) the actor knows that the individual is a youth receiving state services; or
(B) a reasonable person in the actor's position should have known under the
circumstances that the individual was a youth receiving state services.
(b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
state services is younger than 18 years of age, a violation of Subsection (2)(a) is a second
degree felony.
(c) If the act committed under this Subsection (2) amounts to an offense subject to a
greater penalty under another provision of state law than is provided under this Subsection (2),
this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
(3) Acts referred to in Subsection (2)(a) are:
(a) having sexual intercourse with a youth receiving state services;
(b) engaging in any sexual act with a youth receiving state services involving the
genitals of one person and the mouth or anus of another person, regardless of the sex of either
participant; or
(c) causing the penetration, however slight, of the genital or anal opening of a youth
receiving state services by any foreign object, substance, instrument, or device, including a part
of the human body, with the intent to cause substantial emotional or bodily pain to any person,
regardless of the sex of any participant or with the intent to arouse or gratify the sexual desire
of any person, regardless of the sex of any participant.
(4) (a) An actor commits custodial sexual misconduct with a youth receiving state
services if the actor commits any of the acts under Subsection (5):
(i) under circumstances not amounting to commission of, or an attempt to commit, an
offense under Subsection (6); and
(ii) (A) the actor knows that the individual is a youth receiving state services; or
(B) a reasonable person in the actor's position should have known under the
circumstances that the individual was a youth receiving state services.
(b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
receiving state services is younger than 18 years of age, a violation of Subsection (4)(a) is a
third degree felony.
(c) If the act committed under this Subsection (4) amounts to an offense subject to a
greater penalty under another provision of state law than is provided under this Subsection (4),
this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
(5) Acts referred to in Subsection (4)(a) are the following acts when committed with
the intent to cause substantial emotional or bodily pain to any person or with the intent to
arouse or gratify the sexual desire of any person, regardless of the sex of any participant:
(a) touching the anus, buttocks, or any part of the genitals of a youth receiving state
services;
(b) touching the breast of a female youth receiving state services;
(c) otherwise taking indecent liberties with a youth receiving state services; or
(d) causing a youth receiving state services to take indecent liberties with the actor or
another person.
(6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
(a) Section 
76-5-401
, unlawful sexual activity with a minor;
(b) Section 
76-5-402
, rape;
(c) Section 
76-5-402.1
, rape of a child;
(d) Section 
76-5-402.2
, object rape;
(e) Section 
76-5-402.3
, object rape of a child;
(f) Section 
76-5-403
, forcible sodomy;
(g) Section 
76-5-403.1
, sodomy on a child;
(h) Section 
76-5-404
, forcible sexual abuse;
(i) Section 
76-5-404.1
, sexual abuse of a child or aggravated sexual abuse of a child; or
(j) Section 
76-5-405
, aggravated sexual assault.
(7) (a) It is not a defense to the commission of the offense of custodial sexual relations
with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
a youth receiving state services under Subsection (4), or an attempt to commit either of these
offenses, if the youth receiving state services is younger than 18 years of age, that the actor:
(i) mistakenly believed the youth receiving state services to be 18 years of age or older
at the time of the alleged offense; or
(ii) was unaware of the true age of the youth receiving state services.
(b) Consent of the youth receiving state services is not a defense to any violation or
attempted violation of Subsection (2) or (4).
(8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
is the result of compulsion, as the defense is described in Subsection 
76-2-302
(1).
Section 43. Section 
76-9-701
 is amended to read:
76-9-701.
Intoxication -- Release of arrested person or placement in detoxification
center.
(1) A person is guilty of intoxication if the person is under the influence of alcohol, a
controlled substance, or any substance having the property of releasing toxic vapors, to a
degree that the person may endanger the person or another, in a public place or in a private
place where the person unreasonably disturbs other persons.
(2) (a) A peace officer or a magistrate may release from custody a person arrested
under this section if the peace officer or magistrate believes imprisonment is unnecessary for
the protection of the person or another.
(b) A peace officer may take the arrested person to a detoxification center or other
special facility as an alternative to incarceration or release from custody.
(3) (a) If a minor is found by a court to have violated this section and the violation is
the minor's first violation of this section, the court may:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance [
abuse
] 
use disorder
 treatment as indicated by an assessment.
(b) If a minor is found by a court to have violated this section and the violation is the
minor's second or subsequent violation of this section, the court shall:
(i) order the minor to complete a screening as defined in Section 
41-6a-501
;
(ii) order the minor to complete an assessment as defined in Section 
41-6a-501
 if the
screening indicates an assessment to be appropriate; and
(iii) order the minor to complete an educational series as defined in Section 
41-6a-501
or substance [
abuse
] 
use disorder
 treatment as indicated by an assessment.
(4) (a) When a minor who is at least 18 years old, but younger than 21 years old, is
found by a court to have violated this section, the court hearing the case shall suspend the
minor's driving privileges under Section 
53-3-219
.
(b) Notwithstanding the requirement in Subsection (4)(a), the court may reduce the
suspension period required under Section 
53-3-219
 if:
(i) the violation is the minor's first violation of this section; and
(ii) (A) the minor completes an educational series as defined in Section 
41-6a-501
; or
(B) the minor demonstrates substantial progress in substance [
abuse
] 
use disorder
treatment.
(c) Notwithstanding the requirement in Subsection (4)(a) and in accordance with the
requirements of Section 
53-3-219
, the court may reduce the suspension period required under
Section 
53-3-219
 if:
(i) the violation is the minor's second or subsequent violation of this section;
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance [
abuse
] 
use disorder
 treatment; and
(iii) (A) the person is 18 years of age or older and provides a sworn statement to the
court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
consecutive period during the suspension period imposed under Subsection (4)(a); or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
one-year consecutive period during the suspension period imposed under Subsection (4)(a).
(5) When a person who is [
at least 13 years old, but
] younger than 18 years old[
,
] is
found by a court to have violated this section, the provisions regarding suspension of the
driver's license under Section 
78A-6-606
 apply to the violation.
(6) Notwithstanding Subsections (3)(a) and (b), if a minor is adjudicated under Section
78A-6-117
, the court may only order substance use disorder treatment or an educational series
if the minor has an assessed need for the intervention based on the results of a validated
assessment.
[
(6)
] 
(7)
 When the court issues an order suspending a person's driving privileges for a
violation of this section, the person's driver license shall be suspended under Section 
53-3-219
.
[
(7)
] 
(8)
 An offense under this section is a class C misdemeanor.
Section 44. Section 
76-10-105
 is amended to read:
76-10-105.
Buying or possessing a cigar, cigarette, electronic cigarette, or tobacco
by a minor -- Penalty -- Compliance officer authority -- Juvenile court jurisdiction.
(1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
misdemeanor and subject to:
(a) a minimum fine or penalty of $60; and
(b) participation in a court-approved tobacco education program, which may include a
participation fee.
(2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
to the jurisdiction of the juvenile court and 
subject to Section 
78A-6-602
, unless the violation
is committed on school property. If a violation under this section is adjudicated under Section
78A-6-117
, the minor may be subject to the following
:
(a) a [
minimum
] fine or penalty [
of $60
]
, in accordance with Section 
78A-6-117
; and
(b) participation in a court-approved tobacco education program, which may include a
participation fee.
(3) A compliance officer appointed by a board of education under Section 
53A-3-402
may 
not
 issue [
citations
] 
a citation
 for [
violations
] 
a violation
 of this section committed on
school property. [
Cited violations shall be reported to the appropriate juvenile court.
] 
A cited
violation committed on school property shall be addressed in accordance with Section
53A-11-911
.
Section 45. Section 
78A-6-103
 is amended to read:
78A-6-103.
Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings concerning:
(a) a child who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming
18 years of age, regardless of where the violation occurred, excluding offenses
:
(i)
 in 
Section 
53A-11-911
 until such time that the child is referred to the courts under
Section 
53A-11-911
; and
(ii) in
 Subsection 
78A-7-106
(2);
[
(b) a person 21 years of age or older who has failed or refused to comply with an order
of the juvenile court to pay a fine or restitution, if the order was imposed before the person's
21st birthday; however, the continuing jurisdiction is limited to causing compliance with
existing orders;
]
[
(c)
] 
(b)
 a child who is an abused child, neglected child, or dependent child, as those
terms are defined in Section 
78A-6-105
;
[
(d)
] 
(c)
 a protective order for a child pursuant to [
the provisions of
] Title 78B, Chapter
7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district court if
the juvenile court has entered an ex parte protective order and finds that:
(i) the petitioner and the respondent are the natural parent, adoptive parent, or step
parent of the child who is the object of the petition;
(ii) the district court has a petition pending or an order related to custody or parent-time
entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
respondent are parties; and
(iii) the best interests of the child will be better served in the district court;
[
(e)
] 
(d)
 appointment of a guardian of the person or other guardian of a minor who
comes within the court's jurisdiction under other provisions of this section;
[
(f)
] 
(e)
 the emancipation of a minor in accordance with Part 8, Emancipation;
[
(g)
] 
(f)
 the termination of the legal parent-child relationship in accordance with Part 5,
Termination of Parental Rights Act, including termination of residual parental rights and
duties;
[
(h)
] 
(g)
 the treatment or commitment of a minor who has an intellectual disability;
[
(i) a minor who is a habitual truant from school;
]
[
(j)
] 
(h)
 the judicial consent to the marriage of a child under age 16 upon a
determination of voluntariness or where otherwise required by law, employment, or enlistment
of a child when consent is required by law;
[
(k)
] 
(i)
 any parent or parents of a child committed to a secure youth [
corrections
]
facility, to order, at the discretion of the court and on the recommendation of a secure facility,
the parent or parents of a child committed to a secure facility for a custodial term, to undergo
group rehabilitation therapy under the direction of a secure facility therapist, who has
supervision of that parent's or parents' child, or any other therapist the court may direct, for a
period directed by the court as recommended by a secure facility;
[
(l)
] 
(j)
 a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
[
(m)
] 
(k) subject to Subsection (8),
 the treatment or commitment of a child with a
mental illness[
. The court may commit a child to the physical custody of a local mental health
authority in accordance with the procedures and requirements of Title 62A, Chapter 15, Part 7,
Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health, but
not directly to the Utah State Hospital
];
[
(n)
] 
(l)
 the commitment of a child to a secure drug or alcohol facility in accordance
with Section 
62A-15-301
;
[
(o)
] 
(m)
 a minor found not competent to proceed pursuant to Section 
78A-6-1301
;
[
(p)
] 
(n)
 de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 
63G-4-402
; and
[
(q)
] 
(o)
 adoptions conducted in accordance with the procedures described in Title
78B, Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an
order terminating the rights of a parent and finds that adoption is in the best interest of the
child.
(2) 
(a)
 Notwithstanding Section 
78A-7-106
 and Subsection 
78A-5-102
(9), the juvenile
court has exclusive jurisdiction over the following offenses committed by a child:
[
(a)
] 
(i)
 Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless
Driving;
[
(b)
] 
(ii)
 Section 
73-18-12
, reckless operation; and
[
(c)
] 
(iii)
 class B and C misdemeanors, infractions, or violations of ordinances that are
part of a single criminal episode filed in a petition that contains an offense over which the court
has jurisdiction.
(b) A juvenile court may only order substance use disorder treatment or an educational
series if the minor has an assessed need for the intervention on the basis of the results of a
validated assessment.
(3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that child [
where
] 
when
, despite earnest and
persistent efforts by the division or agency, the child has demonstrated that the child:
(a) is beyond the control of the child's parent, guardian, 
or
 lawful custodian[
, or school
authorities
] to the extent that the child's behavior or condition endangers the child's own
welfare or the welfare of others; or
(b) has run away from home.
(4) This section does not restrict the right of access to the juvenile court by private
agencies or other persons.
(5) The juvenile court has jurisdiction of all magistrate functions relative to cases
arising under Section 
78A-6-702
.
(6) The juvenile court has jurisdiction to make a finding of substantiated,
unsubstantiated, or without merit, in accordance with Section 
78A-6-323
.
(7) The juvenile court has jurisdiction of matters transferred to it by another trial court
pursuant to Subsection 
78A-7-106
[
(7).
]
(5) and subject to Section 
53A-11-911
.
(8) The court may commit a child to the physical custody of a local mental health
authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
to Division of Substance Abuse and Mental Health, but not directly to the Utah State
Hospital.
Section 46. Section 
78A-6-105
 is amended to read:
78A-6-105.
Definitions.
As used in this chapter:
(1) (a) "Abuse" means:
(i) 
(A)
 nonaccidental harm of a child;
[
(ii)
] 
(B)
 threatened harm of a child;
[
(iii)
] 
(C)
 sexual exploitation;
[
(iv)
] 
(D)
 sexual abuse; or
[
(v)
] 
(E)
 human trafficking of a child in violation of Section 
76-5-308.5
[
.
]
; or
[
(b)
] 
(ii)
 that a child's natural parent:
[
(i)
] 
(A)
 intentionally, knowingly, or recklessly causes the death of another parent of
the child;
[
(ii)
] 
(B)
 is identified by a law enforcement agency as the primary suspect in an
investigation for intentionally, knowingly, or recklessly causing the death of another parent of
the child; or
[
(iii)
] 
(C)
 is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
[
(c)
] 
(b)
 "Abuse" does not include:
(i) reasonable discipline or management of a child, including withholding privileges;
(ii) conduct described in Section 
76-2-401
; or
(iii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in
Subsections (1)(b)(iii)(A) through (C).
(2) "Abused child" means a child who has been subjected to abuse.
(3) "Adjudication" means a finding by the court, incorporated in a decree, that the facts
alleged in the petition have been proved. A finding of not competent to proceed pursuant to
Section 
78A-6-1302
 is not an adjudication.
(4) "Adult" means a person 18 years of age or over, except that a person 18 years or
over under the continuing jurisdiction of the juvenile court pursuant to Section 
78A-6-120
 shall
be referred to as a minor.
(5) "Board" means the Board of Juvenile Court Judges.
(6) "Child" means a person under 18 years of age.
(7) "Child placement agency" means:
(a) a private agency licensed to receive a child for placement or adoption under this
code; or
(b) a private agency that receives a child for placement or adoption in another state,
which agency is licensed or approved where such license or approval is required by law.
(8) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(9) "Commit" means, unless specified otherwise:
(a) with respect to a child, to transfer legal custody; and
(b) with respect to a minor who is at least 18 years of age, to transfer custody.
(10) "Court" means the juvenile court.
(11) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
committed by an adult.
[
(11)
] 
(13)
 "Dependent child" includes a child who is homeless or without proper care
through no fault of the child's parent, guardian, or custodian.
[
(12)
] 
(14)
 "Deprivation of custody" means transfer of legal custody by the court from
a parent or the parents or a previous legal custodian to another person, agency, or institution.
[
(13)
] 
(15)
 "Detention" means home detention and secure detention as defined in
Section 
62A-7-101
 for the temporary care of a minor who requires secure custody in a
physically restricting facility:
(a) pending court disposition or transfer to another jurisdiction; or
(b) while under the continuing jurisdiction of the court.
(16) "Detention risk assessment tool" means an evidence-based tool established under
Section 
78A-6-124
, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
court or reoffending pre-adjudication and designed to assist in making detention
determinations.
[
(14)
] 
(17)
 "Division" means the Division of Child and Family Services.
(18) "Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective for a
specific population or has been rated as effective by a standardized program evaluation tool.
(19) "Formal probation" means a minor is under field supervision by the probation
department or other agency designated by the court and subject to return to the court in
accordance with Section 
78A-6-123
 on and after July 1, 2018.
[
(15)
] 
(20)
 "Formal referral" means a written report from a peace officer or other
person informing the court that a minor is or appears to be within the court's jurisdiction and
that a [
petition may be filed
] 
case must be reviewed
.
[
(16)
] 
(21)
 "Group rehabilitation therapy" means psychological and social counseling
of one or more persons in the group, depending upon the recommendation of the therapist.
[
(17)
] 
(22)
 "Guardianship of the person" includes the authority to consent to:
(a) marriage;
(b) enlistment in the armed forces;
(c) major medical, surgical, or psychiatric treatment; or
(d) legal custody, if legal custody is not vested in another person, agency, or institution.
[
(18)
] 
(23)
 "Habitual truant" means the same as that term is defined in Section
53A-11-101
.
[
(19)
] 
(24)
 "Harm" means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
[
(20)
] 
(25)
 (a) "Incest" means engaging in sexual intercourse with a person whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
nephew, niece, or first cousin.
(b) The relationships described in Subsection [
(20)
] 
(25)
(a) include:
(i) blood relationships of the whole or half blood, without regard to legitimacy;
(ii) relationships of parent and child by adoption; and
(iii) relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(26) "Intake probation" means a period of court monitoring that does not include field
supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
return to the court in accordance with Section 
78A-6-123
 on and after July 1, 2018.
[
(21)
] 
(27)
 "Intellectual disability" means:
(a) significantly subaverage intellectual functioning, an IQ of approximately 70 or
below on an individually administered IQ test, for infants, a clinical judgment of significantly
subaverage intellectual functioning;
(b) concurrent deficits or impairments in present adaptive functioning, the person's
effectiveness in meeting the standards expected for [
his or her
] 
the person's
 age by the person's
cultural group, in at least two of the following areas: communication, self-care, home living,
social/interpersonal skills, use of community resources, self-direction, functional academic
skills, work, leisure, health, and safety; and
(c) the onset is before the person reaches the age of 18 years.
[
(22)
] 
(28)
 "Legal custody" means a relationship embodying the following rights and
duties:
(a) the right to physical custody of the minor;
(b) the right and duty to protect, train, and discipline the minor;
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d) the right to determine where and with whom the minor shall live; and
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
(29) "Material loss" means an uninsured:
(a) property loss;
(b) out-of-pocket monetary loss;
(c) lost wages; or
(d) medical expenses.
[
(23)
] 
(30)
 "Mental disorder" means a serious emotional and mental disturbance that
severely limits a minor's development and welfare over a significant period of time.
[
(24)
] 
(31)
 "Minor" means:
(a) a child; or
(b) a person who is:
(i) at least 18 years of age and younger than 21 years of age; and
(ii) under the jurisdiction of the juvenile court.
(32) "Mobile crisis outreach team" means a crisis intervention service for minors or
families of minors experiencing behavioral health or psychiatric emergencies.
[
(25)
] 
(33)
 "Molestation" means that a person, with the intent to arouse or gratify the
sexual desire of any person:
(a) touches the anus or any part of the genitals of a child;
(b) takes indecent liberties with a child; or
(c) causes a child to take indecent liberties with the perpetrator or another.
[
(26)
] 
(34)
 "Natural parent" means a minor's biological or adoptive parent, and
includes the minor's noncustodial parent.
[
(27)
] 
(35)
 (a) "Neglect" means action or inaction causing:
(i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
Relinquishment of a Newborn Child;
(ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
guardian, or custodian;
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence, education, or medical care, or any other care necessary for the child's health,
safety, morals, or well-being; or
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused.
(b) The aspect of neglect relating to education, described in Subsection [
(27)
]
(35)
(a)(iii), means that, after receiving a notice of compulsory education violation under
Section 
53A-11-101.5
, [
or notice that a parent or guardian has failed to cooperate with school
authorities in a reasonable manner as required under Subsection 
53A-11-101.7
(5)(a),
] the
parent or guardian fails to make a good faith effort to ensure that the child receives an
appropriate education.
(c) A parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child, is not guilty of neglect.
(d) (i) Notwithstanding Subsection [
(27)
] 
(35)
(a), a health care decision made for a
child by the child's parent or guardian does not constitute neglect unless the state or other party
to the proceeding shows, by clear and convincing evidence, that the health care decision is not
reasonable and informed.
(ii) Nothing in Subsection [
(27)
] 
(35)
(d)(i) may prohibit a parent or guardian from
exercising the right to obtain a second health care opinion and from pursuing care and
treatment pursuant to the second health care opinion, as described in Section 
78A-6-301.5
.
[
(28)
] 
(36)
 "Neglected child" means a child who has been subjected to neglect.
[
(29)
] 
(37)
 "Nonjudicial adjustment" means closure of the case by the assigned
probation officer without judicial determination upon the consent in writing of:
(a) the assigned probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, legal guardian, or custodian.
[
(30)
] 
(38)
 "Not competent to proceed" means that a minor, due to a mental disorder,
intellectual disability, or related condition as defined, lacks the ability to:
(a) understand the nature of the proceedings against them or of the potential disposition
for the offense charged; or
(b) consult with counsel and participate in the proceedings against them with a
reasonable degree of rational understanding.
[
(31)
] 
(39)
 "Physical abuse" means abuse that results in physical injury or damage to a
child.
[
(32)
] 
(40)
 "Probation" means a legal status created by court order following an
adjudication on the ground of a violation of law or under Section 
78A-6-103
, whereby the
minor is permitted to remain in the minor's home under prescribed conditions [
and under
supervision by the probation department or other agency designated by the court, subject to
return to the court for violation of any of the conditions prescribed
].
[
(33)
] 
(41)
 "Protective supervision" means a legal status created by court order
following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,
neglect, or dependency is provided by the probation department or other agency designated by
the court.
[
(34)
] 
(42)
 "Related condition" means a condition closely related to intellectual
disability in accordance with 42 C.F.R. Part 435.1010 and further defined in Rule R539-1-3,
Utah Administrative Code.
[
(35)
] 
(43)
 (a) "Residual parental rights and duties" means those rights and duties
remaining with the parent after legal custody or guardianship, or both, have been vested in
another person or agency, including:
(i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.
(b) If no guardian has been appointed, "residual parental rights and duties" also include
the right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
[
(36)
] 
(44)
 "Secure facility" means any facility operated by or under contract with the
Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
youth offenders committed to the division for custody and rehabilitation 
pursuant to Subsection
78A-6-117
(2)(d)
.
[
(37)
] 
(45)
 "Severe abuse" means abuse that causes or threatens to cause serious harm
to a child.
[
(38)
] 
(46)
 "Severe neglect" means neglect that causes or threatens to cause serious
harm to a child.
[
(39)
] 
(47)
 "Sexual abuse" means:
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(i) there is an indication of force or coercion;
(ii) the children are related, as defined in Subsections [
(20)
] 
(25)
(a) and [
(20)
] (b);
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years of age or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children; or
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the person who engages in the conduct is actually charged
with, or convicted of, the offense:
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii) child bigamy, Section 
76-7-101.5
;
(iii) incest, Section 
76-7-102
;
(iv) lewdness, Section 
76-9-702
;
(v) sexual battery, Section 
76-9-702.1
;
(vi) lewdness involving a child, Section 
76-9-702.5
; or
(vii) voyeurism, Section 
76-9-702.7
.
[
(40)
] 
(48)
 "Sexual exploitation" means knowingly:
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
(i) pose in the nude for the purpose of sexual arousal of any person; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
filming, recording, or displaying in any way the sexual or simulated sexual conduct;
(b) displaying, distributing, possessing for the purpose of distribution, or selling
material depicting a child:
(i) in the nude, for the purpose of sexual arousal of any person; or
(ii) engaging in sexual or simulated sexual conduct; or
(c) engaging in any conduct that would constitute an offense under Section 
76-5b-201
,
sexual exploitation of a minor, regardless of whether the person who engages in the conduct is
actually charged with, or convicted of, the offense.
[
(41)
] 
(49)
 "Shelter" means the temporary care of a child in a physically unrestricted
facility pending court disposition or transfer to another jurisdiction.
[
(42) "State supervision" means a disposition that provides a more intensive level of
intervention than standard probation but is less intensive or restrictive than a community
placement with the Division of Juvenile Justice Services.
]
(50) "Status offense" means a violation of the law that would not be a violation but for
the age of the offender.
[
(43)
] 
(51)
 "Substance abuse" means the misuse or excessive use of alcohol or other
drugs or substances.
[
(44)
] 
(52)
 "Substantiated" means the same as that term is defined in Section
62A-4a-101
.
[
(45)
] 
(53)
 "Supported" means the same as that term is defined in Section 
62A-4a-101
.
[
(46)
] 
(54)
 "Termination of parental rights" means the permanent elimination of all
parental rights and duties, including residual parental rights and duties, by court order.
[
(47)
] 
(55)
 "Therapist" means:
(a) a person employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in its custody; or
(b) any other person licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
[
(48)
] 
(56)
 "Unsubstantiated" means the same as that term is defined in Section
62A-4a-101
.
(57) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
[
(49)
] 
(58)
 "Without merit" means the same as that term is defined in Section
62A-4a-101
.
Section 47. Section 
78A-6-106.5
 is enacted to read:
 78A-6-106.5.
Warrants related to minors.
(1) Except as otherwise provided in this section, a court may not issue a warrant of
arrest for a minor for:
(a) a status offense; or
(b) an infraction.
(2) A court may issue a warrant that directs the minor to be returned home, to the court,
or to a shelter or other nonsecure facility for a minor not eligible for a warrant under
Subsection (1). A warrant under this Subsection (2) may not direct placement in a secure
facility, including secure detention.
(3) Subsection (1) does not apply to a minor who is under Title 55, Chapter 12,
Interstate Compact for Juveniles.
Section 48. Section 
78A-6-109
 is amended to read:
78A-6-109.
Summons -- Service and process -- Issuance and contents -- Notice to
absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory
process for attendance of witnesses when authorized.
(1) After a petition is filed the court shall promptly issue a summons, unless the judge
directs that a further investigation is needed. No summons is required as to any person who
appears voluntarily or who files a written waiver of service with the clerk of the court at or
[
prior to
] 
before
 the hearing.
(2) The summons shall contain:
(a) the name of the court;
(b) the title of the proceedings; and
(c) except for a published summons, a brief statement of the substance of the
allegations in the petition.
(3) A published summons shall state:
(a) that a proceeding concerning the minor is pending in the court; and
(b) an adjudication will be made.
(4) The summons shall require the person or persons who have physical custody of the
minor to appear personally and bring the minor before the court at a time and place stated. If
the person or persons summoned are not the parent, parents, or guardian of the minor, the
summons shall also be issued to the parent, parents, or guardian, as the case may be, notifying
them of the pendency of the case and of the time and place set for the hearing.
(5) Summons may be issued requiring the appearance of any other person whose
presence the court finds necessary.
(6) If it appears to the court that the welfare of the minor or of the public requires that
the minor be taken into custody, 
and it does not conflict with Section 
78A-6-106.5
,
 the court
may by endorsement upon the summons direct that the person serving the summons take the
minor into custody at once.
(7) Subject to Subsection 
78A-6-117
(2)[
(n)(iii)
], upon the sworn testimony of one or
more reputable physicians, the court may order emergency medical or surgical treatment that is
immediately necessary for a minor concerning whom a petition has been filed pending the
service of summons upon the minor's parents, guardian, or custodian.
(8) A parent or guardian is entitled to the issuance of compulsory process for the
attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor. A
guardian ad litem or a probation officer is entitled to compulsory process for the attendance of
witnesses on behalf of the minor.
(9) Service of summons and process and proof of service shall be made in the manner
provided in the Utah Rules of Civil Procedure.
(10) 
(a)
 Service of summons or process shall be made by the sheriff of the county
where the service is to be made, or by [
his
] 
the sheriff's
 deputy[
; but
]
.
(b) Notwithstanding Subsection (10)(a),
 upon request of the court
,
 service shall be
made by any other peace officer, or by another suitable person selected by the court.
(11) Service of summons in the state shall be made personally, by delivering a copy to
the person summoned; provided, however, that parents of a minor living together at their usual
place of abode may both be served by personal delivery to either parent of copies of the
summons, one copy for each parent.
(12) If the judge makes a written finding that [
he
] 
the judge
 has reason to believe that
personal service of the summons will be unsuccessful, or will not accomplish notification
within a reasonable time after issuance of the summons, [
he
] 
the judge
 may order service by
registered mail, with a return receipt to be signed by the addressee only, to be addressed to the
last-known address of the person to be served in the state. Service shall be complete upon
return to the court of the signed receipt.
(13) If the parents, parent, or guardian required to be summoned under Subsection (4)
cannot be found within the state, the fact of their minor's presence within the state shall confer
jurisdiction on the court in proceedings in a minor's case under this chapter as to any absent
parent or guardian, provided that due notice has been given in the following manner:
(a) If the address of the parent or guardian is known, due notice is given by sending
[
him
] 
the parent or guardian
 a copy of the summons by registered mail with a return receipt to
be signed by the addressee only, or by personal service outside the state, as provided in the
Utah Rules of Civil Procedure. Service by registered mail shall be complete upon return to the
court of the signed receipt.
(b) (i) If the address or whereabouts of the parent or guardian outside the state cannot
after diligent inquiry be ascertained, due notice is given by publishing a summons:
(A) in a newspaper having general circulation in the county in which the proceeding is
pending once a week for four successive weeks; and
(B) in accordance with Section 
45-1-101
 for four weeks.
(ii) Service shall be complete on the day of the last publication.
(c) Service of summons as provided in this subsection shall vest the court with
jurisdiction over the parent or guardian served in the same manner and to the same extent as if
the person served was served personally within the state.
(14) In the case of service in the state, service completed not less than 48 hours before
the time set in the summons for the appearance of the person served, shall be sufficient to
confer jurisdiction. In the case of service outside the state, service completed not less than five
days before the time set in the summons for appearance of the person served, shall be sufficient
to confer jurisdiction.
(15) Computation of periods of time under this chapter shall be made in accordance
with the Utah Rules of Civil Procedure.
Section 49. Section 
78A-6-111
 is amended to read:
78A-6-111.
Appearances -- Parents, guardian, or legal custodian to appear with
minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --
Parent's employer to grant time off -- Appointment of guardian ad litem.
(1) Any person required to appear who, without reasonable cause, fails to appear may
be proceeded against for contempt of court, and the court may cause a bench warrant to [
issue
]
be issued
 to produce the person in court.
(2) In [
all cases
] 
a case
 when a minor is required to appear in court, the parents,
guardian, or other person with legal custody of the minor shall appear with the minor unless
excused by the judge.
(a) An employee may request permission to leave the workplace for the purpose of
attending court if the employee has been notified by the juvenile court that [
his
] 
the employee's
minor is required to appear before the court.
(b) An employer must grant permission to leave the workplace with or without pay if
the employee has requested permission at least seven days in advance or within 24 hours of the
employee receiving notice of the hearing.
(3) If a parent or other person who signed a written promise to appear and bring the
child to court under Section 
78A-6-112
 or 
78A-6-113
 fails to appear and bring the child to
court on the date set in the promise, or, if the date was to be set, after notification by the court,
a warrant may be issued for the apprehension of that person [
or the child, or both
].
(4) Willful failure to perform the promise is a misdemeanor if, at the time of the
execution of the promise, the promisor is given a copy of the promise which clearly states that
failure to appear and have the child appear as promised is a misdemeanor. The juvenile court
shall have jurisdiction to proceed against the promisor in adult proceedings pursuant to Part 10,
Adult Offenses.
(5) The court shall endeavor, through use of the warrant of arrest if necessary, as
provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
both parents or of the guardian of a child. If neither a parent nor guardian is present at the
court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor. 
A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
whether or not a parent or guardian is present.
(6) A warrant may be issued for a parent, a guardian, a custodian, or a minor if:
(a) a summons is issued but cannot be served;
(b) it is made to appear to the court that the person to be served will not obey the
summons; 
or
(c) serving the summons will be ineffectual[
; or
]
.
[
(d) the welfare of the minor requires that he be brought immediately into the custody
of the court.
]
Section 50. Section 
78A-6-112
 is amended to read:
78A-6-112.
Minor taken into custody by peace officer, private citizen, or
probation officer -- Grounds -- Notice requirements -- Release or detention -- Grounds
for peace officer to take adult into custody.
(1) A minor may be taken into custody by a peace officer without order of the court if:
(a) in the presence of the officer the minor has violated a state law, federal law, local
law, or municipal ordinance;
(b) there are reasonable grounds to believe the minor has committed an act which if
committed by an adult would be a felony;
(c) the minor:
(i) (A) is seriously endangered in the minor's surroundings; or
(B) seriously endangers others; and
(ii) immediate removal appears to be necessary for the minor's protection or the
protection of others;
(d) there are reasonable grounds to believe the minor has run away or escaped from the
minor's parents, guardian, or custodian; or
(e) there is reason to believe that the minor is:
(i) subject to the state's compulsory education law; and
(ii) absent from school without legitimate or valid excuse, subject to Section
53A-11-105
.
(2) (a) A private citizen or a probation officer may take a minor into custody if under
the circumstances [
he
] 
the private citizen or probation officer
 could make a citizen's arrest if
the minor was an adult.
(b) A probation officer may also take a minor into custody under Subsection (1) or if
the minor has violated the conditions of probation, if the minor is under the continuing
jurisdiction of the juvenile court or in emergency situations in which a peace officer is not
immediately available.
(3) (a) (i) If an officer or other person takes a minor into temporary custody[
, he
] 
under
Subsection (1) or (2), the officer or person
 shall without unnecessary delay notify the parents,
guardian, or custodian.
(ii) The minor shall then be released to the care of the minor's parent or other
responsible adult, unless the minor's immediate welfare or the protection of the community
requires the minor's detention.
(b) If the minor is taken into custody 
under Subsection (1) or (2)
 or 
placed in
 detention
under Subsection (4)
 for a violent felony, as defined in Section 
76-3-203.5
, or an offense in
violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
taking the minor into custody shall, as soon as practicable or as established under Subsection
53A-11-1001
(2), notify the school superintendent of the district in which the minor resides or
attends school for the purposes of the minor's supervision and student safety.
(i) The notice shall disclose only:
(A) the name of the minor;
(B) the offense for which the minor was taken into custody or detention; and
(C) if available, the name of the victim, if the victim:
(I) resides in the same school district as the minor; or
(II) attends the same school as the minor.
(ii) The notice shall be classified as a protected record under Section 
63G-2-305
.
(iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
Records Access and Management Act
,
 and the federal Family Educational Rights and Privacy
Act.
(c) Employees of a governmental agency are immune from any criminal liability for
providing or failing to provide the information required by this section unless the person acts or
fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
(d) Before the minor is released, the parent or other person to whom the minor is
released shall be required to sign a written promise on forms supplied by the court to bring the
minor to the court at a time set or to be set by the court.
(4) (a) A child may not be held in temporary custody by law enforcement any longer
than is reasonably necessary to obtain the child's name, age, residence, and other necessary
information and to contact the child's parents, guardian, or custodian.
(b) If the minor is not released under Subsection (3), the minor shall be taken to a place
of detention or shelter without unnecessary delay.
(5) (a) The person who takes a minor to a detention or shelter facility shall promptly
file with the detention or shelter facility a written report on a form provided by the division
stating
:
(i)
 the details of the presently alleged offense[
,
]
;
(ii)
 the facts [
which
] 
that
 bring the minor within the jurisdiction of the juvenile court[
,
and
]
;
(iii)
 the reason the minor was not released by law enforcement[
.
]
; and
(iv) the eligibility of the minor under the division guidelines for detention admissions
established by the Division of Juvenile Justice Services under Section 
62A-7-202
 if the minor
is under consideration for detention.
(b) (i) The designated [
youth corrections
] facility staff person shall immediately review
the form and determine, based on the guidelines for detention admissions established by the
Division of Juvenile Justice Services under Section 
62A-7-202
, 
the results of the detention risk
assessment, and the criteria for detention eligibility under Section 
78A-6-113
,
 whether to
:
(A)
 admit the minor to secure detention[
,
]
;
(B)
 admit the minor to home detention[
,
]
;
(C)
 place the minor in [
a placement other than detention,
] 
another alternative to
detention;
 or
(D)
 return the minor home upon written promise to bring the minor to the court at a
time set, or without restriction.
(ii) If the designated [
youth corrections
] facility staff person determines to admit the
minor to home detention, that staff person shall notify the juvenile court of that determination. 
The court shall order that notice be provided to the designated persons in the local law
enforcement agency and the school or transferee school, if applicable, which the minor attends
of the home detention. The designated persons may receive the information for purposes of the
minor's supervision and student safety.
(iii) Any employee of the local law enforcement agency and the school which the
minor attends who discloses the notification of home detention is not:
(A) civilly liable except when disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation
of Section 
63G-2-801
.
(iv) The person who takes a minor to a detention facility or the designated facility staff
person may release a minor to a less restrictive alternative even if the minor is eligible for
secure detention under this Subsection (5).
(c) A minor may not be admitted to detention unless the minor is detainable based on
the guidelines or the minor has been brought to detention pursuant to a judicial order or
division warrant pursuant to Section 
62A-7-504
.
(d) If a minor taken to detention does not qualify for admission under the guidelines
established by the division under Section 
62A-7-104
or the eligibility criteria under Subsection
(4) and this Subsection (5)
, detention staff shall arrange 
an
 appropriate [
placement
] 
alternative
.
(e) If a minor is taken into custody and admitted to a secure detention or shelter
facility, facility staff shall:
(i) immediately notify the minor's parents, guardian, or custodian; and
(ii) promptly notify the court of the placement.
(f) If the minor is admitted to a secure detention or shelter facility outside the county of
the minor's residence and it is determined in the hearing held under Subsection 
78A-6-113
(3)
that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
the minor's residence to transport the minor to a detention or shelter facility as provided in this
section.
(6) A person may be taken into custody by a peace officer without a court order if the
person is in apparent violation of a protective order or if there is reason to believe that a child is
being abused by the person and any of the situations outlined in Section 
77-7-2
 exist.
Section 51. Section 
78A-6-113
 is amended to read:
78A-6-113.
Placement of minor in detention or shelter facility -- Grounds --
Detention hearings -- Period of detention -- Notice -- Confinement for criminal
proceedings -- Bail laws inapplicable -- Exception.
(1) (a) A minor may not be placed or kept in a secure detention facility pending court
proceedings [
unless it is unsafe for the public to leave the minor with the minor's parents,
guardian, or custodian and the minor is detainable based on guidelines promulgated by the
Division of Juvenile Justice Services
] 
except in accordance with Section 
78A-6-112
.
[
(b) A child who must be taken from the child's home but who does not require
physical restriction shall be given temporary care in a shelter facility and may not be placed in a
detention facility.
]
[
(c)
] 
(b)
 A child may not be placed or kept in a shelter facility pending court
proceedings unless it is unsafe to leave the child with the child's parents, guardian, or
custodian.
(2) After admission of a child to a detention facility pursuant to [
the guidelines
established by the Division of Juvenile Justice Services
] 
Section 
78A-6-112
 and immediate
investigation by an authorized officer of the court, the judge or the officer shall order the
release of the child to the child's parents, guardian, or custodian if it is found the child can be
safely returned to their care, either upon written promise to bring the child to the court at a time
set or without restriction.
(a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
within 24 hours after notification of release, the parent, guardian, or custodian is responsible
for the cost of care for the time the child remains in the facility.
(b) The facility shall determine the cost of care.
(c) Any money collected under this Subsection (2) shall be retained by the Division of
Juvenile Justice Services to recover the cost of care for the time the child remains in the
facility.
(3) (a) When a child is detained in a detention or shelter facility, the parents or
guardian shall be informed by the person in charge of the facility that [
they have
] 
the parent's 
or guardian's child has
 the right to a prompt hearing in court to determine whether the child is
to be further detained or released.
(b) When a minor is detained in a detention facility, the minor shall be informed by the
person in charge of the facility that the minor has the right to a prompt hearing in court to
determine whether the minor is to be further detained or released.
(c) Detention hearings shall be held by the judge or by a commissioner.
(d) The court may, at any time, order the release of the minor, whether a detention
hearing is held or not.
(e) If a child is released, and the child remains in the facility, because the parents,
guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
(4) (a) A minor may not be held in a detention facility longer than 48 hours [
prior to
]
before
 a detention hearing, excluding weekends and holidays, unless the court has entered an
order for continued detention.
(b) A child may not be held in a shelter facility longer than 48 hours [
prior to
] 
before
 a
shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has
been entered by the court after notice to all parties described in Section 
78A-6-306
.
(c) A hearing for detention or shelter may not be waived. Detention staff shall provide
the court with all information received from the person who brought the minor to the detention
facility.
(d) [
If the court finds at a detention hearing that it is not safe to release the minor, the
]
The
 judge or commissioner may 
only
 order [
the
] 
a
 minor to be held in the facility or be placed
in another appropriate facility, subject to further order of the court
, if the court finds at a
detention hearing that:
(i) releasing the minor to the minor's parent, guardian, or custodian presents an
unreasonable risk to public safety;
(ii) less restrictive nonresidential alternatives to detention have been considered and,
where appropriate, attempted; and
(iii) the minor is eligible for detention under the division guidelines for detention
admissions established by the Division of Juvenile Justice Services, under Section 
62A-7-202
and under Section 
78A-6-112
.
(e) (i) After a detention hearing has been held, only the court may release a minor from
detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
detention is necessary.
(ii) After a detention hearing for a violent felony, as defined in Section 
76-3-203.5
, or
an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
notice of its decision, including any disposition, order, or no contact orders, be provided to
designated persons in the appropriate local law enforcement agency and district superintendent
or the school or transferee school, if applicable, that the minor attends. The designated persons
may receive the information for purposes of the minor's supervision and student safety.
(iii) Any employee of the local law enforcement agency, school district, and the school
that the minor attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(B) civilly or criminally liable except when disclosure constitutes a knowing violation
of Section 
63G-2-801
.
(5) A minor may not be held in a detention facility, following a dispositional order of
the court for nonsecure substitute care as defined in Section 
62A-4a-101
, or for
community-based placement under Section 
62A-7-101
.
(6) (a) Except as otherwise provided in this section, a minor may not be held in a
detention facility following a disposition order of the court
 for longer than 72 hours, excluding
weekends and holidays.
(b)
 The period of detention may be extended by the court for [
one period
] 
a cumulative
total
 of seven calendar days if:
[
(a)
] 
(i)
 the Division of Juvenile Justice Services or another agency responsible for
placement files a written petition with the court requesting the extension and setting forth good
cause; and
[
(b)
] 
(ii)
 the 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.
(c) The court may extend the period of detention beyond the seven calendar days if the
court finds by clear and convincing evidence that:
(i) the Division of Juvenile Justice Services 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.
(d) The Division of Juvenile Justice Services shall report to the court every 48 hours,
excluding weekends and holidays, regarding the status of whether the Division of Juvenile
Justice Services or another agency responsible for placement has space for the minor.
[
(6)
] 
(7)
 The agency requesting an extension shall promptly notify the detention facility
that a written petition has been filed.
[
(7)
] 
(8)
 The court shall promptly notify the detention facility regarding its initial
disposition and any ruling on a petition for an extension, whether granted or denied.
[
(8)
] 
(9)
 (a) A child under 16 years of age may not be held in a jail, lockup, or other
place for adult detention except as provided by Section 
62A-7-201
 or unless certified as an
adult pursuant to Section 
78A-6-703
. [
The provisions of
] Section 
62A-7-201
 regarding
confinement facilities [
apply
] 
applies
 to this Subsection [
(8)
] 
(9)
.
(b) A child 16 years of age or older whose conduct or condition endangers the safety or
welfare of others in the detention facility for children may, by court order that specifies the
reasons, be detained in another place of confinement considered appropriate by the court,
including a jail or other place of confinement for adults. However, a secure [
youth corrections
]
facility is not an appropriate place of confinement for detention purposes under this section.
[
(9)
] 
(10)
 A sheriff, warden, or other official in charge of a jail or other facility for the
detention of adult offenders or persons charged with crime shall immediately notify the
juvenile court when a person who is or appears to be under 18 years of age is received at the
facility and shall make arrangements for the transfer of the person to a detention facility, unless
otherwise ordered by the juvenile court.
[
(10)
] 
(11)
 This section does not apply to a minor who is brought to the adult facility
under charges pursuant to Section 
78A-6-701
 or by order of the juvenile court to be held for
criminal proceedings in the district court under Section 
78A-6-702
 or 
78A-6-703
.
[
(11)
] 
(12)
 A minor held for criminal proceedings under Section 
78A-6-701
,
78A-6-702
, or 
78A-6-703
 may be detained in a jail or other place of detention used for adults
charged with crime.
[
(12)
] 
(13)
 Provisions of law regarding bail are not applicable to minors detained or
taken into custody under this chapter, except that bail may be allowed:
(a) if a minor who need not be detained lives outside this state; or
(b) when a minor who need not be detained comes within one of the classes in
Subsection 
78A-6-603
(11).
[
(13)
] 
(14)
 Section 
76-8-418
 is applicable to a child who willfully and intentionally
commits an act against a jail or other place of confinement, including a Division of Juvenile
Justice Services detention, shelter, or secure confinement facility which would be a third
degree felony if committed by an adult.
Section 52. Section 
78A-6-115
 is amended to read:
78A-6-115.
Hearings -- Record -- County attorney or district attorney
responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
evidence.
(1) (a) A verbatim record of the proceedings shall be taken in all cases that might result
in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
also be made unless dispensed with by the court.
(b) (i) Notwithstanding any other provision, including Title 63G, Chapter 2,
Government Records Access and Management Act, a record of a proceeding made under
Subsection (1)(a) shall be released by the court to any person upon a finding on the record for
good cause.
(ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
court shall:
(A) provide notice to all subjects of the record that a request for release of the record
has been made; and
(B) allow sufficient time for the subjects of the record to respond before making a
finding on the petition.
(iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
court's jurisdiction over the subjects of the proceeding ended more than 12 months [
prior to
]
before
 the request.
(iv) For purposes of this Subsection (1)(b):
(A) "record of a proceeding" does not include documentary materials of any type
submitted to the court as part of the proceeding, including items submitted under Subsection
(4)(a); and
(B) "subjects of the record" includes the child's guardian ad litem, the child's legal
guardian, the Division of Child and Family Services, and any other party to the proceeding.
(2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
prosecution district, the district attorney shall represent the state in any proceeding in a minor's
case.
(b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child
and Family Services, and this chapter, relating to:
(i) protection or custody of an abused, neglected, or dependent child; and
(ii) petitions for termination of parental rights.
(c) The attorney general shall represent the Division of Child and Family Services in
actions involving a minor who is not adjudicated as abused or neglected, but who is [
otherwise
committed to the custody of that division by the juvenile court, and who is classified in the
division's management information system as having been placed in custody primarily on the
basis of delinquent behavior or a status offense
] 
receiving in-home family services under
Section 
78A-6-117.5
. Nothing in this Subsection (2)(c) may be construed to affect the
responsibility of the county attorney or district attorney to represent the state in those matters,
in accordance with [
the provisions of
] Subsection (2)(a).
(3) The board may adopt special rules of procedure to govern proceedings involving
violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
involving offenses under Section 
78A-6-606
 are governed by that section regarding suspension
of driving privileges.
(4) (a) For the purposes of determining proper disposition of the minor in dispositional
hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
in hearings upon petitions for termination of parental rights, written reports and other material
relating to the minor's mental, physical, and social history and condition may be received in
evidence and may be considered by the court along with other evidence. The court may require
that the person who wrote the report or prepared the material appear as a witness if the person
is reasonably available.
(b) For the purpose of determining proper disposition of a minor alleged to be or
adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
under Section 
78A-6-315
 may be received in evidence and may be considered by the court
along with other evidence. The court may require any person who participated in preparing the
dispositional report to appear as a witness, if the person is reasonably available.
(5) (a) In an abuse, neglect, or dependency proceeding occurring after the
commencement of a shelter hearing under Section 
78A-6-306
 or the filing of a petition under
Section 
78A-6-304
, each party to the proceeding shall provide in writing to the other parties or
their counsel any information which the party:
(i) plans to report to the court at the proceeding; or
(ii) could reasonably expect would be requested of the party by the court at the
proceeding.
(b) The disclosure required under Subsection (5)(a) shall be made:
(i) for dispositional hearings under Sections 
78A-6-311
 and 
78A-6-312
, no less than
five days before the proceeding;
(ii) for proceedings under [
Title 78A,
] Chapter 6, Part 5, Termination of Parental
Rights Act, in accordance with Utah Rules of Civil Procedure; and
(iii) for all other proceedings, no less than five days before the proceeding.
(c) If a party to a proceeding obtains information after the deadline in Subsection
(5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
party certifies to the court that the information was obtained after the deadline.
(d) Subsection (5)(a) does not apply to:
(i) pretrial hearings; and
(ii) the frequent, periodic review hearings held in a dependency drug court case to
assess and promote the parent's progress in substance [
abuse
] 
use disorder
 treatment.
(6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
may, in its discretion, consider evidence of statements made by a child under eight years of age
to a person in a trust relationship.
Section 53. Section 
78A-6-117
 is amended to read:
78A-6-117.
Adjudication of jurisdiction of juvenile court -- Disposition of cases --
Enumeration of possible court orders -- Considerations of court.
(1) (a) When a minor is found to come within [
the provisions of
] Section 
78A-6-103
,
the court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
jurisdiction over the minor. However, in cases within [
the provisions of
] Subsection
78A-6-103
(1), findings of fact are not necessary.
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of
Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided
to the school superintendent of the district in which the minor resides or attends school. Notice
shall be made to the district superintendent within three days of the adjudication and shall
include:
(i) the specific offenses for which the minor was adjudicated; and
(ii) if available, if the victim:
(A) resides in the same school district as the minor; or
(B) attends the same school as the minor.
(c) An adjudicated minor shall undergo a risk screening or, if indicated, a validated risk
and needs assessment. Results of the screening or assessment shall be used to inform
disposition decisions and case planning. Assessment results, if available, may not be shared
with the court before adjudication.
(2) Upon adjudication the court may make the following dispositions by court order:
(a) (i) the court may place the minor on probation or under protective supervision in
the minor's own home and upon conditions determined by the court, including compensatory
service [
as provided in Subsection (2)(m)(iii).
]
;
[
(ii) The court may place the minor in state supervision with the probation department
of the court, under the legal custody of:
]
[
(A) the minor's parent or guardian;
]
[
(B) the Division of Juvenile Justice Services; or
]
[
(C) the Division of Child and Family Services.
]
(ii) a condition ordered by the court under Subsection (2)(a)(i):
(A) shall be individualized and address a specific risk or need;
(B) shall be based on information provided to the court, including the results of a
validated risk and needs assessment conducted under Subsection (1)(c); and
(C) if the court orders treatment, be based on a validated risk and needs assessment
conducted under Subsection (1)(c);
(iii) a court may not issue a standard order that contains control-oriented conditions;
(iv) prohibitions on weapon possession, where appropriate, shall be specific to the
minor and not the minor's family;
[
(iii)
] 
(v)
 if the court orders probation [
or state supervision
], the court [
shall
] 
may
direct that notice of [
its
] 
the court's
 order be provided to designated persons in the local law
enforcement agency and the school or transferee school, if applicable, that the minor attends. 
The designated persons may receive the information for purposes of the minor's supervision
and student safety[
.
]
; and
[
(iv) Any
] 
(vi) an
 employee of the local law enforcement agency and the school that
the minor attends who discloses the court's order of probation is not:
(A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(B) civilly or criminally liable except when the disclosure constitutes a knowing
violation of Section 
63G-2-801
.
(b) The court may place the minor in the legal custody of a relative or other suitable
person, with or without probation or protective supervision, but the juvenile court may not
assume the function of developing foster home services.
(c) (i) The court [
may: (A)
] 
shall only
 vest legal custody of the minor in the [
Division
of Child and Family Services,
] Division of Juvenile Justice Services[
, or the Division of
Substance Abuse and Mental Health; and (B) order the Department of Human Services
] 
and
order the Division of Juvenile Justice Services
 to provide dispositional recommendations and
services[
.
] 
if:
[
(ii) For minors who may qualify for services from two or more divisions within the
Department of Human Services, the court may vest legal custody with the department.
]
[
(iii) (A) A minor who is committed to the custody of the Division of Child and Family
Services on grounds other than abuse or neglect is subject to the provisions of Title 78A,
Chapter 6, Part 4, Minors in Custody on Grounds Other than Abuse or Neglect, and Title 62A,
Chapter 4a, Part 2a, Minors in Custody on Grounds other than Abuse or Neglect.
]
[
(B) Before the court entering an order to place a minor in the custody of the Division
of Child and Family Services on grounds other than abuse or neglect, the court shall provide
the division with notice of the hearing no later than five days before the time specified for the
hearing so the division may attend the hearing.
]
[
(C) Before committing a child to the custody of the Division of Child and Family
Services, the court shall make a finding as to what reasonable efforts have been attempted to
prevent the child's removal from the child's home.
]
(A) nonresidential treatment options have been exhausted or nonresidential treatment
options are not appropriate; and
(B) the minor is adjudicated under this section for a felony offense, a misdemeanor
when the minor has five prior misdemeanors or felony adjudications arising from separate
criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
Section 
76-1-601
.
(ii) The court may not vest legal custody of a minor in the Division of Juvenile Justice
Services for:
(A) contempt of court except to the extent permitted under Section 
78A-6-1101
;
(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.
[
(iv)
] 
(iii)
 (A) A minor who is 18 years old or older, but younger than 21 years old,
may petition the court to express the minor's desire to be removed from the jurisdiction of the
juvenile court and from the custody of the Division of Child and Family Services if the minor
is in the division's custody on grounds of abuse, neglect, or dependency.
(B) If the minor's parent's rights have not been terminated in accordance with Part 5,
Termination of Parental Rights Act, the minor's petition shall contain a statement from the
minor's parent or guardian agreeing that the minor should be removed from the custody of the
Division of Child and Family Services.
(C) The minor and the minor's parent or guardian shall sign the petition.
(D) The court shall review the petition within 14 days.
(E) The court shall remove the minor from the custody of the Division of Child and
Family Services if the minor and the minor's parent or guardian have met the requirements
described in Subsections (2)(c)(iv)(B) and (C) and if the court finds, based on input from the
Division of Child and Family Services, the minor's guardian ad litem, and the Office of the
Attorney General, that the minor does not pose an imminent threat to self or others.
(F) A minor removed from custody under Subsection (2)(c)(iv)(E) may, within 90 days
of the date of removal, petition the court to re-enter custody of the Division of Child and
Family Services.
(G) Upon receiving a petition under Subsection (2)(c)(iv)(F), the court shall order the
Division of Child and Family Services to take custody of the minor based on the findings the
court entered when the court originally vested custody in the Division of Child and Family
Services.
(d) (i) The court [
may
] 
shall only
 commit a minor to the Division of Juvenile Justice
Services for secure confinement[
.
] 
if the court finds that the minor poses a risk of harm to
others and is adjudicated under this section for:
(A) a felony offense;
(B) a misdemeanor if the minor has five prior misdemeanor or felony adjudications
arising from separate criminal episodes; or
(C) a misdemeanor involving use of a dangerous weapon as defined in Section
76-1-601
.
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect,
or dependency under Subsection 
78A-6-103
(1)[
(c)
]
(b)
 may not be committed to the Division of
Juvenile Justice Services.
(iii) The court may not commit a minor to the Division of Juvenile Justice Services for
secure confinement 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.
(e) The court may [
commit a minor, subject to the court retaining continuing
jurisdiction over the minor, to the temporary custody of the Division of Juvenile Justice
Services for observation and evaluation for a period not to exceed 45 days, which period may
be extended up to 15 days at the request of the director of the Division of Juvenile Justice
Services
] 
order nonresidential, diagnostic assessment, including substance use disorder, mental
health, psychological, or sexual behavior risk assessment
.
(f) (i) The court may commit a minor to a place of detention or an alternative to
detention for a period not to exceed 30 
cumulative
 days 
per adjudication
 subject to the court
retaining continuing jurisdiction over the minor. This commitment may 
not
 be [
stayed or
]
suspended upon conditions ordered by the court.
(ii) This Subsection (2)(f) applies only to a minor adjudicated for:
(A) an act which if committed by an adult would be a criminal offense; or
(B) contempt of court under Section 
78A-6-1101
.
(iii) The court may not commit a minor to a place of detention for:
(A) contempt of court except to the extent allowed under Section 
78A-6-1101
;
(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.
(iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
cumulative days eligible as a disposition under Subsection (2)(f)(i). If the minor spent more
than 30 days in a place of detention before disposition, the court may not commit a minor to
detention under this section.
(B) Notwithstanding Subsection (2)(f)(iv)(A), the court may commit a minor for a
maximum of seven days while a minor is awaiting placement under Subsection (2)(c)(i). Only
the seven days under this Subsection (2)(f)(iv)(B) may be combined with a nonsecure
placement.
(v) Notwithstanding Subsection (2)(t), no more than seven days of detention may be
ordered in combination with an order under Subsection (2)(c)(i).
(g) The court may vest legal custody of an abused, neglected, or dependent minor in
the Division of Child and Family Services or any other appropriate person in accordance with
the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
Dependency Proceedings.
[
(h) The court may place a minor on a ranch or forestry camp, or similar facility for
care and also for work, if possible, if the person, agency, or association operating the facility
has been approved or has otherwise complied with all applicable state and local laws. A minor
placed in a forestry camp or similar facility may be required to work on fire prevention,
forestation and reforestation, recreational works, forest roads, and on other works on or off the
grounds of the facility and may be paid wages, subject to the approval of and under conditions
set by the court.
]
[
(i)
] 
(h)
 (i) The court may order a minor to repair, replace, or otherwise make
restitution for [
damage or
] 
material
 loss caused by the minor's wrongful act[
, including costs of
treatment as stated in Section 
78A-6-321
 and impose fines in limited amounts.
] 
or for conduct
for which the minor agrees to make restitution.
(ii) A victim has the meaning defined under Subsection 
77-38a-102
(14). A victim of an
offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity,
includes any person directly harmed by the minor's delinquency conduct in the course of the
scheme, conspiracy, or pattern.
(iii) If the victim and the minor agree to participate, the court may refer the case to a
restorative justice program such as victim offender mediation to address how loss resulting
from the adjudicated act may be addressed.
(iv) For the purpose of determining whether and how much restitution is appropriate,
the court shall consider the following:
(A) restitution shall only be ordered for the victim's material loss;
(B) restitution may not be ordered if the court finds that the minor is unable to pay or
acquire the means to pay; and
(C) any amount paid by the minor to the victim in civil penalty shall be credited against
restitution owed.
(v) Any amount paid to the victim in restitution shall be credited against liability in a
civil suit.
[
(ii)
] 
(vi)
 The court may also require a minor to reimburse an individual, entity, or
governmental agency who offered and paid a reward to a person or persons for providing
information resulting in a court adjudication that the minor is within the jurisdiction of the
juvenile court due to the commission of a criminal offense.
[
(iii)
] 
(vii)
 If a minor is returned to this state under the Interstate Compact on Juveniles,
the court may order the minor to make restitution for costs expended by any governmental
entity for the return.
(viii) The prosecutor shall submit a request for restitution to the court at the time of
disposition, if feasible, otherwise within three months after disposition.
(ix) A financial disposition ordered shall prioritize the payment of restitution.
[
(j)
] 
(i)
 The court may issue orders necessary for the collection of restitution and fines
ordered by the court, including garnishments, wage withholdings, and executions
, except for an
order that changes the custody of the minor, including detention or other secure or nonsecure
residential placements
.
[
(k)
] 
(j)
 (i) The court may through its probation department encourage the development
of 
nonresidential
 employment or work programs to enable minors to fulfill their obligations
under Subsection (2)[
(i)
]
(h)
 and for other purposes considered desirable by the court.
(ii) Consistent with the order of the court, the probation officer may permit a minor
found to be within the jurisdiction of the court to participate in a program of work restitution or
compensatory service in lieu of paying part or all of the fine imposed by the court.
(iii) The court may order the minor to:
(A) pay a fine, fee, restitution, or other cost; or
(B) complete service hours.
(iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
complete service hours, those dispositions shall be considered collectively to ensure that the
order is reasonable and prioritizes restitution.
(v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
hours, the cumulative order shall be limited per criminal episode as follows:
(A) for children under age 16 at adjudication, the court may impose up to $180 or up to
hours of service; and
(B) for minors 16 and older at adjudication, the court may impose up to $270 or up to
hours of service.
(vi) The cumulative order under Subsection (2)(j)(v) does not include restitution.
(vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
conversion shall be no less than the minimum wage.
[
(l)
] 
(k)
 (i) In violations of traffic laws within the court's jurisdiction, 
when the court
finds that as part of the commission of the violation the minor was in actual physical control of
a motor vehicle,
 the court may, in addition to any other disposition authorized by this section:
(A) restrain the minor from driving for periods of time the court considers necessary;
and
(B) take possession of the minor's driver license.
(ii) The court may enter any other 
eligible
 disposition under Subsection (2)[
(l)
]
(k)
(i)
except for a disposition under Subsection (2)(c), (d), or (f)
. However, the suspension of
driving privileges for an offense under Section 
78A-6-606
 is governed only by Section
78A-6-606
.
[
(m) (i) When a minor is found within the jurisdiction of the juvenile court under
Section 
78A-6-103
 because of violating Section 
58-37-8
, Title 58, Chapter 37a, Utah Drug
Paraphernalia Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court
shall, in addition to any fines or fees otherwise imposed, order that the minor perform a
minimum of 20 hours, but no more than 100 hours, of compensatory service.
]
(l) (i) The court may order a minor to complete community or compensatory service
hours in accordance with Subsections (2)(j)(iv) and (v).
(ii) When community service is ordered, the presumptive service order shall include
between five and 10 hours of service.
(iii)
 Satisfactory completion of an approved substance [
abuse
] 
use disorder
 prevention
or treatment program 
or other court-ordered condition
 may be credited by the court as
compensatory service hours.
[
(ii) When a minor is found within the jurisdiction of the juvenile court under Section
78A-6-103
 because of a violation of Section 
32B-4-409
 or Subsection 
76-9-701
(1), the court
may, upon the first adjudication, and shall, upon a second or subsequent adjudication, order
that the minor perform a minimum of 20 hours, but no more than 100 hours of compensatory
service, in addition to any fines or fees otherwise imposed. Satisfactory completion of an
approved substance abuse prevention or treatment program may be credited by the court as
compensatory service hours.
]
[
(iii)
] 
(iv)
 When a minor is found within the jurisdiction of the juvenile court under
Section 
78A-6-103
 because of a violation of Section 
76-6-106
 or 
76-6-206
 using graffiti, the
court may order the minor to clean up graffiti created by the minor or any other person at a time
and place within the jurisdiction of the court. Compensatory service [
required
] 
ordered
 under
this section may be performed in the presence and under the direct supervision of the minor's
parent or legal guardian. The parent or legal guardian shall report completion of the order to
the court. [
The minor or the minor's parent or legal guardian, if applicable, shall be responsible
for removal costs as determined under Section 
76-6-107
, unless waived by the court for good
cause.
] The court may also require the minor to perform other alternative forms of restitution
or repair to the damaged property pursuant to [
Subsection 
77-18-1
(8)
] 
Subsection (2)(h)
.
[
(A) For a first adjudication, the court may require the minor to clean up graffiti for not
less than eight hours.
]
[
(B) For a second adjudication, the court may require the minor to clean up graffiti for
not less than 16 hours.
]
[
(C) For a third adjudication, the court may require the minor to clean up graffiti for
not less than 24 hours.
]
[
(n)
] 
(m)
 (i) Subject to Subsection (2)[
(n)
]
(m)
(iii), the court may order that a minor:
(A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
(B) receive other special care.
(ii) For purposes of receiving the examination, treatment, or care described in
Subsection (2)[
(n)
]
(m)
(i), the court may place the minor in a hospital or other suitable facility
that is not a secure facility or secure detention
.
(iii) In determining whether to order the examination, treatment, or care described in
Subsection (2)[
(n)
]
(m)
(i), the court shall consider:
(A) the desires of the minor;
(B) if the minor is under the age of 18, the desires of the parents or guardian of the
minor; and
(C) whether the potential benefits of the examination, treatment, or care outweigh the
potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
function impairment, or emotional or physical harm resulting from the compulsory nature of
the examination, treatment, or care.
(iv) The Division of Child and Family Services shall take reasonable measures to
notify a parent or guardian of any non-emergency health treatment or care scheduled for a
child, shall include the parent or guardian as fully as possible in making health care decisions
for the child, and shall defer to the parent's or guardian's reasonable and informed decisions
regarding the child's health care to the extent that the child's health and well being are not
unreasonably compromised by the parent's or guardian's decision.
(v) The Division of Child and Family Services shall notify the parent or guardian of a
child within five business days after a child in the custody of the Division of Child and Family
Services receives emergency health care or treatment.
(vi) The Division of Child and Family Services shall use the least restrictive means to
accomplish a compelling interest in the care and treatment of a child described in this
Subsection (2)[
(n)
]
(m)
.
[
(o)
] 
(n)
 (i) The court may appoint a guardian for the minor if it appears necessary in
the interest of the minor, and may appoint as guardian a public or private institution or agency
,
but not a nonsecure residential placement provider,
 in which legal custody of the minor is
vested.
(ii) In placing a minor under the guardianship or legal custody of an individual or of a
private agency or institution, the court shall give primary consideration to the welfare of the
minor. When practicable, the court may take into consideration the religious preferences of the
minor and of a child's parents.
[
(p)
] 
(o)
 (i) In support of a decree under Section 
78A-6-103
, the court may order
reasonable conditions to be complied with by a minor's parents or guardian, [
a minor,
] a
minor's custodian, or any other person who has been made a party to the proceedings. 
Conditions may include:
(A) parent-time by the parents or one parent;
(B) restrictions on the minor's associates;
(C) restrictions on the minor's occupation and other activities; and
(D) requirements to be observed by the parents or custodian.
(ii) A minor whose parents or guardians successfully complete a family or other
counseling program may be credited by the court for detention, confinement, or probation time.
[
(q)
] 
(p)
 The court may order the child to be committed to the physical custody of a
local mental health authority, in accordance with the procedures and requirements of Title 62A,
Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
Mental Health.
[
(r)
] 
(q)
 (i) The court may make an order committing a minor within the court's
jurisdiction to the Utah State Developmental Center if the minor has an intellectual disability in
accordance with [
the provisions of
] Title 62A, Chapter 5, Part 3, Admission to an Intermediate
Care Facility for People with an Intellectual Disability.
(ii) The court shall follow the procedure applicable in the district courts with respect to
judicial commitments to the Utah State Developmental Center when ordering a commitment
under Subsection (2)[
(r)
]
(q)
(i).
[
(s)
] 
(r)
 The court may terminate all parental rights upon a finding of compliance with
[
the provisions of
] Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act.
[
(t)
] 
(s)
 The court may make [
any
] other reasonable orders for the best interest of the
minor [
or
] 
and
 as required for the protection of the public, except that a child may not be
committed to jail [
or
]
,
 prison
, secure detention, or the custody of the Division of Juvenile
Justice Services under Subsections (2)(c) and (d)
.
[
(u)
] 
(t)
 The court may combine the dispositions listed in this section if 
it is permissible
and
 they are compatible.
[
(v)
] 
(u)
 Before depriving any parent of custody, the court shall give due consideration
to the rights of parents concerning their child. The court may transfer custody of a minor to
another person, agency, or institution in accordance with the requirements and procedures of
Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
[
(w)
] 
(v)
 Except as provided in Subsection (2)[
(y)
]
(x)
(i), an order under this section for
probation or placement of a minor with an individual or an agency shall include a date certain
for a review 
and presumptive termination
 of the case by the court 
in accordance with
Subsection (6) and Section 
62A-7-404
. A new date shall be set upon each review.
[
(x)
] 
(w)
 In reviewing foster home placements, special attention shall be given to
making adoptable children available for adoption without delay.
[
(y)
] 
(x)
 (i) The juvenile court may enter an order of permanent custody and
guardianship with an individual or relative of a child where the court has previously acquired
jurisdiction as a result of an adjudication of abuse, neglect, or dependency. The juvenile court
may enter an order for child support on behalf of the child against the natural or adoptive
parents of the child.
(ii) Orders under Subsection (2)[
(y)
]
(x)
(i):
(A) shall remain in effect until the child reaches majority;
(B) are not subject to review under Section 
78A-6-118
; and
(C) may be modified by petition or motion as provided in Section 
78A-6-1103
.
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
permanent orders of custody and guardianship do not expire with a termination of jurisdiction
of the juvenile court.
(3) In addition to the dispositions described in Subsection (2), when a minor comes
within the court's jurisdiction, the minor may be given a choice by the court to serve in the
National Guard in lieu of other sanctions, provided:
(a) the minor meets the current entrance qualifications for service in the National
Guard as determined by a recruiter, whose determination is final;
(b) the minor is not under the jurisdiction of the court for any act that:
(i) would be a felony if committed by an adult;
(ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
(iii) was committed with a weapon; and
(c) the court retains jurisdiction over the minor under conditions set by the court and
agreed upon by the recruiter or the unit commander to which the minor is eventually assigned.
(4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
of the court as described in Subsection 
53-10-403
(3). The specimen shall be obtained by
designated employees of the court or, if the minor is in the legal custody of the Division of
Juvenile Justice Services, then by designated employees of the division under Subsection
53-10-404
(5)(b).
(b) The responsible agency shall ensure that employees designated to collect the saliva
DNA specimens receive appropriate training and that the specimens are obtained in accordance
with accepted protocol.
(c) Reimbursements paid under Subsection 
53-10-404
(2)(a) shall be placed in the DNA
Specimen Restricted Account created in Section 
53-10-407
.
(d) Payment of the reimbursement is second in priority to payments the minor is
ordered to make for restitution under this section and treatment under Section 
78A-6-321
.
(5) (a) A disposition made by the court pursuant to this section may not be suspended,
except for the following:
(i) If a minor qualifies for commitment to the Division of Juvenile Justice Services
under Subsection (2)(c) or (d), the court may suspend a custody order pursuant to Subsection
(2)(c) or (d) in lieu of immediate commitment, upon the condition that the minor commit no
new misdemeanor or felony offense during the three months following the day of disposition.
(ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
exceed three months post-disposition and may not be extended under any circumstance.
(iii) The court may only impose a custody order suspended under Subsection (5)(a)(i)
following adjudication of a new misdemeanor or felony offense committed by the minor during
the period of suspension set out under Subsection (5)(a)(ii).
(b) The court pursuant to Subsection (5)(a) shall terminate jurisdiction over the minor
at the end of the presumptive time frame unless at least one the following circumstances exists:
(i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
program determined to be necessary by the results of a validated risk and needs assessment
with completion found by the court after considering the recommendation of a licensed service
provider on the basis of the minor completing the goals of the necessary treatment program;
(ii) the minor commits a new misdemeanor or felony offense;
(iii) service hours have not been completed; or
(iv) there is an outstanding fine.
(6) When the court places a minor on probation under Subsection (2)(a) or vests legal
custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c), the
court shall do so for a defined period of time pursuant to this section.
(a) For the purposes of placing a minor on probation under Subsection (2)(a), the court
shall establish a presumptive term of probation as specified in this Subsection (6):
(i) the presumptive maximum length of intake probation may not exceed three months;
and
(ii) the presumptive maximum length of formal probation may not exceed four to six
months.
(b) For the purposes of vesting legal custody of the minor in the Division of Juvenile
Justice Services under Subsection (2)(c), the court shall establish a maximum term of custody
and a maximum term of aftercare as specified in this Subsection (6):
(i) the presumptive maximum length of out-of-home placement may not exceed three
to six months; and
(ii) the presumptive maximum length of aftercare supervision, for those previously
placed out-of-home, may not exceed three to four months, and minors may serve the term of
aftercare in the home of a qualifying relative or guardian or at an independent living program
contracted or operated by the Division of Juvenile Justice Services.
(c) The court pursuant to Subsections (6)(a) and (b), and the Youth Parole Authority
pursuant to Subsection (6)(b), shall terminate jurisdiction over the minor at the end of the
presumptive time frame unless at least one of the following circumstances exists:
(i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
court ordered program determined to be necessary by the results of a validated assessment, with
completion found by the court after considering the recommendations of a licensed service
provider on the basis of the minor completing the goals of the necessary treatment program;
(ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
completion of a program determined to be necessary by the results of a validated assessment,
with completion determined on the basis of whether the minor has regularly and consistently
attended the treatment program and completed the goals of the necessary treatment program as
determined by the Youth Parole Authority after considering the recommendation of a licensed
service provider;
(iii) the minor commits a new misdemeanor or felony offense;
(iv) service hours have not been completed; or
(v) there is an outstanding fine.
(d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection
(6)(c)(i), (ii), (iii), or (iv) exists, the court may extend jurisdiction for the time needed to
address the specific circumstance.
(ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)(i),
(ii), (iii), or (iv) exists, and the Youth Parole Authority has jurisdiction, the Youth Parole
Authority may extend jurisdiction for the time needed to address the specific circumstance.
(e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
time for up to three months.
(f) Grounds for extension of the presumptive length of supervision or placement and
the length of any extension shall be recorded in the court record or records of the Youth Parole
Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
the Administrative Office of the Courts and the Division of Juvenile Justice Services.
(g) (i) For a minor who is under the supervision of the juvenile court and whose
supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
only be continued under the supervision of intake probation.
(ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
supervision is extended to complete service hours under Subsection (6)(c)(iv), jurisdiction may
only be continued on parole and not in secure confinement.
(h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
period shall toll until the minor returns.
(7) Subsection (6) does not apply to any minor adjudicated under this section for:
(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
, murder or attempted murder;
(d) Section 
76-5-302
, aggravated kidnapping;
(e) Section 
76-5-405
, aggravated sexual assault;
(f) a felony violation of 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 those listed in Subsections (7)(a) through (i) involving the use
of a dangerous weapon, as defined in Section 
76-1-601
, that is a felony, and the minor has been
previously adjudicated or convicted of an offense involving the use of a dangerous weapon.
Section 54. Section 
78A-6-117.5
 is enacted to read:
 78A-6-117.5.
Custody in Division of Child and Family Services or in the Division
of Juvenile Justice Services.
(1) Notwithstanding Subsection 
78A-6-117
(2)(c), the court may not vest custody in the
Division of Child and Family Services except pursuant to Title 78A, Chapter 6, Part 3, Abuse,
Neglect, and Dependency Proceedings.
(2) If the court finds that a child is at risk of being removed from the home or that the
family is in crisis, the court may order the Division of Child and Family Services to conduct an
assessment to determine if provision of in-home family preservation services is appropriate. If
considered appropriate by the Division of Child and Family Services, services shall be
provided pursuant to Section 
62A-4a-202
.
(3) Notwithstanding Section 
78A-6-117
, a court may not place a minor on a ranch,
forestry camp, or other residential work program for care or work.
(4) Notwithstanding Section 
78A-6-117
, a court may not commit a minor to the
temporary custody of the Division of Juvenile Justice Services for residential observation and
evaluation or residential observation and assessment.
Section 55. Section 
78A-6-118
 is amended to read:
78A-6-118.
Period of operation of judgment, decree, or order.
[
(1)
] A judgment, order, or decree of the juvenile court does not operate after the minor
becomes 21 years of age, except for:
[
(a)
] 
(1)
 orders of commitment to the Utah State Developmental Center or to the
custody of the Division of Substance Abuse and Mental Health;
[
(b)
] 
(2)
 adoption orders under Subsection 
78A-6-103
(1); 
and
[
(c)
] 
(3)
 orders permanently terminating the rights of a parent, guardian, or custodian,
and permanent orders of custody and guardianships[
; and
]
.
[
(d) unless terminated by the court, orders to pay any fine or restitution.
]
[
(2) (a) Except as provided in Part 3, Abuse, Neglect, and Dependency Proceedings, an
order vesting legal custody or guardianship of a minor in an individual, agency, or institution
may be for an indeterminate period. A review hearing shall be held, however, upon the
expiration of 12 months, and, with regard to petitions filed by the Division of Child and Family
Services, no less than once every six months thereafter. The individual, agency, or institution
involved shall file the petition for that review hearing. The court may terminate the order, or
after notice and hearing, continue the order if it finds continuation of the order necessary to
safeguard the welfare of the minor or the public interest. The findings of the court and its
reasons shall be entered with the continuation order or with the order denying continuation.
]
[
(b) Subsection (2)(a) does not apply to minors who are in the custody of the Division
of Child and Family Services, and who are placed in foster care, a secure youth corrections
facility, the Division of Substance Abuse and Mental Health, the Utah State Developmental
Center, or any agency licensed for child placements and adoptions, in cases where all parental
rights of the natural parents have been terminated by the court under Part 5, Termination of
Parental Rights Act, and custody of the minor has been granted to the agency for adoption or
other permanent placement.
]
[
(3) (a) An agency granted legal custody may determine where and with whom the
minor will live, provided that placement of the minor does not remove him from the state
without court approval.
]
[
(b) An individual granted legal custody shall personally exercise the rights and
responsibilities involved in legal custody, unless otherwise authorized by the court.
]
Section 56. Section 
78A-6-119
 is amended to read:
78A-6-119.
Modification of order or decree -- Requirements for changing or
terminating custody, probation, or protective supervision.
(1) The court may modify or set aside any order or decree made by [
it
] 
the court,
except on and after July 1, 2018, the order or decree must be in accordance with Sections
78A-6-117
 and 
78A-6-123
, however a modification of an order placing a minor on probation
may not [
be made upon an alleged violation of the terms of probation unless there has been a
hearing in accordance with the procedures in Section 
78A-6-1103
.
] 
include on and after July 1,
2018, an order:
(a) under Subsection 
78A-6-117
(2)(c), (d), or (f); or
(b) extending supervision, except pursuant to Subsection 
78A-6-117
(7).
(2) Notice of the hearing shall be required in any case in which the effect of modifying
or setting aside an order or decree may be to make any change in the minor's legal custody
under Section 
78A-6-1103
 and pursuant to Section 
78A-6-117
.
(3) (a) Notice of an order terminating probation or protective supervision of a child
shall be given to the child's:
(i) parents;
(ii) guardian;
(iii) custodian; and
(iv) where appropriate, to the child.
(b) Notice of an order terminating probation or protective supervision of a minor who
is at least 18 years of age shall be given to the minor.
Section 57. Section 
78A-6-120
 is amended to read:
78A-6-120.
Continuing jurisdiction of juvenile court -- Period of and termination
of jurisdiction -- Notice of discharge from custody of local mental health authority or
Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
(1) Jurisdiction of a minor obtained by the court through adjudication under Section
78A-6-117
 continues for purposes of this chapter until [
he
] 
the minor
 becomes 21 years of age,
unless terminated earlier[
. However, the court, subject to Section 
78A-6-121
, retains
jurisdiction beyond the age of 21 of a person who has refused or failed to pay any fine or victim
restitution ordered by the court, but only for the purpose of causing compliance with existing
orders
] 
in accordance with Sections 
62A-7-404
 and 
78A-6-117
.
(2) (a) The continuing jurisdiction of the court terminates:
(i) upon order of the court;
(ii) upon commitment to a secure [
youth corrections
] facility; [
or
]
(iii) upon commencement of proceedings in adult cases under Section 
78A-6-1001
[
.
]
;
or
(iv) in accordance with Sections 
62A-7-404
 and 
78A-6-117
.
(b) The continuing jurisdiction of the court is not terminated by marriage.
(c) Notwithstanding Subsection (2)(a)(ii), the court retains jurisdiction to make and
enforce orders related to restitution 
until the Youth Parole Authority discharges the youth
offender
.
(3) When a minor has been committed by the court to the physical custody of a local
mental health authority or its designee or to the Utah State Developmental Center, the local
mental health authority or its designee or the superintendent of the Utah State Developmental
Center shall give the court written notice of its intention to discharge, release, or parole the
minor not fewer than five days [
prior to
] 
before
 the discharge, release, or parole.
(4) Jurisdiction over a minor on probation or under protective supervision, or of a
minor who is otherwise under the continuing jurisdiction of the court, may be transferred by the
court to the court of another district, if the receiving court consents, or upon direction of the
chair of the Board of Juvenile Court Judges. The receiving court has the same powers with
respect to the minor that it would have if the proceedings originated in that court.
(5) On and after July 1, 2018, a minor adjudicated under Section 
78A-6-117
 and who
underwent a validated risk and needs assessment under Subsection 
78A-6-117
(1)(c) shall
undergo a validated risk and needs assessment within seven days of the day on which an order
terminating jurisdiction is issued.
Section 58. Section 
78A-6-121
 is amended to read:
78A-6-121.
Entry of judgment for fine, fee, surcharge, or restitution.
(1) If, [
prior to
] 
before
 the entry of any order terminating jurisdiction of a juvenile,
there remains any unpaid balance for any fine
, fee,
 or restitution ordered by the court, the court
shall record all pertinent information in the juvenile's file [
and
]
.
(2) The court may not
 transfer responsibility to collect [
all
] unpaid fines
, fees,
surcharges,
 and restitution to the Office of State Debt Collection.
[
(2) Before transferring the responsibility to collect any past due fines, the court shall
reduce the order to a judgment listing the Office of State Debt Collection as the judgment
creditor.
]
[
(3) Before transferring the responsibility to collect any past due accounts receivable
for restitution to a victim, the
] 
The
 court shall reduce the restitution order to a judgment listing
the victim, or the estate of the victim, as the judgment creditor.
Section 59. Section 
78A-6-123
 is enacted to read:
 78A-6-123.
Case planning and appropriate responses.
(1) For a minor adjudicated and placed on probation or into the custody of the Division
of Juvenile Justice Services under Section 
78A-6-117
, a case plan shall be created and shall be:
(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; and
(d) tailored to the minor's offense and history.
(2) (a) The Administrative Office of the Courts and the Division of Juvenile Justice
Services shall develop a statewide system of appropriate responses to guide responses to the
behaviors of minors:
(i) undergoing nonjudicial adjustments;
(ii) under the jurisdiction of the juvenile court; and
(iii) in the custody of the Division of Juvenile Justice Services.
(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, and the severity of the violation; and
(iv) authorize earned discharge credits as one incentive for compliance.
(c) After considering the guidelines established by the Sentencing Commission,
pursuant to Section 
63M-7-404
, the system of appropriate responses under Subsections (2)(a)
and (b) shall be developed.
(3) A response to a compliant or noncompliant behavior under Subsection (2) shall be
documented in the minor's case plan. Documentation shall include:
(a) positive behaviors and incentives offered;
(b) violations and corresponding sanctions; and
(c) whether the minor has a subsequent violation after a sanction.
(4) Before referring a minor to court for judicial review or to the Youth Parole
Authority if the minor is under the jurisdiction of the Youth Parole Authority in response to a
violation, either through a contempt filing under Section 
78A-6-1101
 or an order to show
cause, pursuant to Subsections (2)(a) and (b), a pattern of appropriate responses shall be
documented in the minor's case plan .
(5) Notwithstanding Subsection (4), violations of protective orders or ex parte
protection orders listed in Subsection 
77-36-2.7
(3) with victims and violations that constitute
new delinquency offenses may be filed directly with the court.
Section 60. Section 
78A-6-124
 is enacted to read:
 78A-6-124.
Detention risk assessment tool.
(1) The Division of Juvenile Justice Services, in conjunction with the Administrative
Office of the Courts, shall develop or adopt, and validate on the Utah juvenile population, a
statewide detention risk assessment tool.
(2) The Division of Juvenile Justice Services shall administer the detention risk
assessment tool for each youth under consideration for detention. The detention risk assessment
tool shall be administered by a designated individual who has completed training to conduct
the detention risk assessment tool.
(3) The Division of Juvenile Justice Services and the Administrative Office of the
Courts shall establish a scoring system to inform eligibility for placement in a juvenile
detention facility or for referral to an alternative to detention.
Section 61. Section 
78A-6-302
 is amended to read:
78A-6-302.
Court-ordered protective custody of a child following petition filing --
Grounds.
(1) After a petition has been filed under Section 
78A-6-304
, if the child who is the
subject of the petition is not in the protective custody of the division, a court may order that the
child be removed from the child's home or otherwise taken into protective custody if the court
finds, by a preponderance of the evidence, that any one or more of the following circumstances
exist:
(a) (i) there is an imminent danger to the physical health or safety of the child; and
(ii) the child's physical health or safety may not be protected without removing the
child from the custody of the child's parent or guardian;
(b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
that causes the child to suffer harm; and
(ii) there are no less restrictive means available by which the child's emotional health
may be protected without removing the child from the custody of the child's parent or guardian;
(c) the child or another child residing in the same household has been, or is considered
to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
parent or guardian, a member of the parent's or guardian's household, or other person known to
the parent or guardian;
(d) the parent or guardian is unwilling to have physical custody of the child;
(e) the child is abandoned or left without any provision for the child's support;
(f) a parent or guardian who has been incarcerated or institutionalized has not arranged
or cannot arrange for safe and appropriate care for the child;
(g) (i) a relative or other adult custodian with whom the child is left by the parent or
guardian is unwilling or unable to provide care or support for the child;
(ii) the whereabouts of the parent or guardian are unknown; and
(iii) reasonable efforts to locate the parent or guardian are unsuccessful;
(h) subject to [
the provisions of
] Subsections 
78A-6-105
[
(27)
]
(35)
(d) and
78A-6-117
(2)[
(n)
] and Section 
78A-6-301.5
, the child is in immediate need of medical care;
(i) (i) a parent's or guardian's actions, omissions, or habitual action create an
environment that poses a serious risk to the child's health or safety for which immediate
remedial or preventive action is necessary; or
(ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
a threat to the child's health or safety;
(j) the child or another child residing in the same household has been neglected;
(k) the child's natural parent:
(i) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(ii) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child;
(l) an infant has been abandoned, as defined in Section 
78A-6-316
;
(m) (i) the parent or guardian, or an adult residing in the same household as the parent
or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
Act; and
(ii) any clandestine laboratory operation was located in the residence or on the property
where the child resided; or
(n) the child's welfare is otherwise endangered.
(2) (a) For purposes of Subsection (1)(a), if a child has previously been adjudicated as
abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
occurs involving the same substantiated abuser or under similar circumstance as the previous
abuse, that fact constitutes prima facie evidence that the child cannot safely remain in the
custody of the child's parent.
(b) For purposes of Subsection (1)(c):
(i) another child residing in the same household may not be removed from the home
unless that child is considered to be at substantial risk of being physically abused, sexually
abused, or sexually exploited as described in Subsection (1)(c) or Subsection (2)(b)(ii); and
(ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
or sexual exploitation by a person known to the parent has occurred, and there is evidence that
the parent or guardian failed to protect the child, after having received the notice, by allowing
the child to be in the physical presence of the alleged abuser, that fact constitutes prima facie
evidence that the child is at substantial risk of being physically abused, sexually abused, or
sexually exploited.
(3) (a) For purposes of Subsection (1), if the division files a petition under Section
78A-6-304
, the court shall consider the division's safety and risk assessments described in
Section 
62A-4a-203.1
 to determine whether a child should be removed from the custody of the
child's parent or guardian or should otherwise be taken into protective custody.
(b) The division shall make a diligent effort to provide the safety and risk assessments
described in Section 
62A-4a-203.1
 to the court, guardian ad litem, and counsel for the parent or
guardian, as soon as practicable before the shelter hearing described in Section 
78A-6-306
.
(4) In the absence of one of the factors described in Subsection (1), a court may not
remove a child from the parent's or guardian's custody on the basis of:
(a) educational neglect, truancy, or failure to comply with a court order to attend
school;
(b) mental illness or poverty of the parent or guardian; or
(c) disability of the parent or guardian, as defined in Section 
57-21-2
.
(5) A child removed from the custody of the child's parent or guardian under this
section may not be placed or kept in a secure detention facility pending further court
proceedings unless the child is detainable based on guidelines promulgated by the Division of
Juvenile Justice Services.
(6) This section does not preclude removal of a child from the child's home without a
warrant or court order under Section 
62A-4a-202.1
.
(7) (a) Except as provided in Subsection (7)(b), a court or the Division of Child and
Family Services may not remove a child from the custody of the child's parent or guardian on
the sole or primary basis that the parent or guardian refuses to consent to:
(i) the administration of a psychotropic medication to a child;
(ii) a psychiatric, psychological, or behavioral treatment for a child; or
(iii) a psychiatric or behavioral health evaluation of a child.
(b) Notwithstanding Subsection (7)(a), a court or the Division of Child and Family
Services may remove a child under conditions that would otherwise be prohibited under
Subsection (7)(a) if failure to take an action described under Subsection (7)(a) would present a
serious, imminent risk to the child's physical safety or the physical safety of others.
Section 62. Section 
78A-6-306
 is amended to read:
78A-6-306.
Shelter hearing.
(1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
after any one or all of the following occur:
(a) removal of the child from the child's home by the division;
(b) placement of the child in the protective custody of the division;
(c) emergency placement under Subsection 
62A-4a-202.1
(4);
(d) as an alternative to removal of the child, a parent enters a domestic violence shelter
at the request of the division; or
(e) a "Motion for Expedited Placement in Temporary Custody" is filed under
Subsection 
78A-6-106
(4).
(2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
division shall issue a notice that contains all of the following:
(a) the name and address of the person to whom the notice is directed;
(b) the date, time, and place of the shelter hearing;
(c) the name of the child on whose behalf a petition is being brought;
(d) a concise statement regarding:
(i) the reasons for removal or other action of the division under Subsection (1); and
(ii) the allegations and code sections under which the proceeding has been instituted;
(e) a statement that the parent or guardian to whom notice is given, and the child, are
entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
provided in accordance with the provisions of Section 
78A-6-1111
; and
(f) a statement that the parent or guardian is liable for the cost of support of the child in
the protective custody, temporary custody, and custody of the division, and the cost for legal
counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
ability of the parent or guardian.
(3) The notice described in Subsection (2) shall be personally served as soon as
possible, but no later than one business day after removal of the child from the child's home, or
the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
78A-6-106
(4), on:
(a) the appropriate guardian ad litem; and
(b) both parents and any guardian of the child, unless the parents or guardians cannot
be located.
(4) The following persons shall be present at the shelter hearing:
(a) the child, unless it would be detrimental for the child;
(b) the child's parents or guardian, unless the parents or guardian cannot be located, or
fail to appear in response to the notice;
(c) counsel for the parents, if one is requested;
(d) the child's guardian ad litem;
(e) the caseworker from the division who is assigned to the case; and
(f) the attorney from the attorney general's office who is representing the division.
(5) (a) At the shelter hearing, the court shall:
(i) provide an opportunity to provide relevant testimony to:
(A) the child's parent or guardian, if present; and
(B) any other person having relevant knowledge; and
(ii) subject to Section 
78A-6-305
, provide an opportunity for the child to testify.
(b) The court:
(i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
Procedure;
(ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
the requesting party, or their counsel; and
(iii) may in its discretion limit testimony and evidence to only that which goes to the
issues of removal and the child's need for continued protection.
(6) If the child is in the protective custody of the division, the division shall report to
the court:
(a) the reason why the child was removed from the parent's or guardian's custody;
(b) any services provided to the child and the child's family in an effort to prevent
removal;
(c) the need, if any, for continued shelter;
(d) the available services that could facilitate the return of the child to the custody of
the child's parent or guardian; and
(e) subject to Subsections 
78A-6-307
(18)(c) through (e), whether any relatives of the
child or friends of the child's parents may be able and willing to accept temporary placement of
the child.
(7) The court shall consider all relevant evidence provided by persons or entities
authorized to present relevant evidence pursuant to this section.
(8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
cause shown, the court may grant no more than one continuance, not to exceed five judicial
days.
(b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
a continuance under Subsection (8)(a).
(c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
described in Subsection (2) within the time described in Subsection (3), the court may grant the
request of a parent or guardian for a continuance, not to exceed five judicial days.
(9) (a) If the child is in the protective custody of the division, the court shall order that
the child be returned to the custody of the parent or guardian unless it finds, by a
preponderance of the evidence, consistent with the protections and requirements provided in
Subsection 
62A-4a-201
(1), that any one of the following exists:
(i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
safety of the child and the child's physical health or safety may not be protected without
removing the child from the custody of the child's parent;
(ii) (A) the child is suffering emotional damage that results in a serious impairment in
the child's growth, development, behavior, or psychological functioning;
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would sufficiently prevent future damage; and
(C) there are no reasonable means available by which the child's emotional health may
be protected without removing the child from the custody of the child's parent or guardian;
(iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
not removed from the custody of the child's parent or guardian;
(iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
household has been, or is considered to be at substantial risk of being, physically abused,
sexually abused, or sexually exploited by a:
(A) parent or guardian;
(B) member of the parent's household or the guardian's household; or
(C) person known to the parent or guardian;
(v) the parent or guardian is unwilling to have physical custody of the child;
(vi) the child is without any provision for the child's support;
(vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
and appropriate care for the child;
(viii) (A) a relative or other adult custodian with whom the child is left by the parent or
guardian is unwilling or unable to provide care or support for the child;
(B) the whereabouts of the parent or guardian are unknown; and
(C) reasonable efforts to locate the parent or guardian are unsuccessful;
(ix) subject to Subsections 
78A-6-105
[
(27)
]
(35)
(d) and 
78A-6-117
(2)[
(n)
] and Section
78A-6-301.5
, the child is in immediate need of medical care;
(x) (A) the physical environment or the fact that the child is left unattended beyond a
reasonable period of time poses a threat to the child's health or safety; and
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would remove the threat;
(xi) (A) the child or a minor residing in the same household has been neglected; and
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would prevent the neglect;
(xii) the parent, guardian, or an adult residing in the same household as the parent or
guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
and any clandestine laboratory operation was located in the residence or on the property where
the child resided;
(xiii) (A) the child's welfare is substantially endangered; and
(B) the parent or guardian is unwilling or unable to make reasonable changes that
would remove the danger; or
(xiv) the child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
established if:
(A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
involving the parent; and
(B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
(ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
allowed the child to be in the physical care of a person after the parent received actual notice
that the person physically abused, sexually abused, or sexually exploited the child, that fact
constitutes prima facie evidence that there is a substantial risk that the child will be physically
abused, sexually abused, or sexually exploited.
(10) (a) (i) The court shall also make a determination on the record as to whether
reasonable efforts were made to prevent or eliminate the need for removal of the child from the
child's home and whether there are available services that would prevent the need for continued
removal.
(ii) If the court finds that the child can be safely returned to the custody of the child's
parent or guardian through the provision of those services, the court shall place the child with
the child's parent or guardian and order that those services be provided by the division.
(b) In making the determination described in Subsection (10)(a), and in ordering and
providing services, the child's health, safety, and welfare shall be the paramount concern, in
accordance with federal law.
(11) Where the division's first contact with the family occurred during an emergency
situation in which the child could not safely remain at home, the court shall make a finding that
any lack of preplacement preventive efforts was appropriate.
(12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
abuse, or severe neglect are involved, neither the division nor the court has any duty to make
"reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
return a child to the child's home, provide reunification services, or attempt to rehabilitate the
offending parent or parents.
(13) The court may not order continued removal of a child solely on the basis of
educational neglect as described in Subsection 
78A-6-105
[
(27)
]
(35)
(b), truancy, or failure to
comply with a court order to attend school.
(14) (a) Whenever a court orders continued removal of a child under this section, the
court shall state the facts on which that decision is based.
(b) If no continued removal is ordered and the child is returned home, the court shall
state the facts on which that decision is based.
(15) If the court finds that continued removal and temporary custody are necessary for
the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
regardless of:
(a) any error in the initial removal of the child;
(b) the failure of a party to comply with notice provisions; or
(c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
and Family Services.
Section 63. Section 
78A-6-312
 is amended to read:
78A-6-312.
Dispositional hearing -- Reunification services -- Exceptions.
(1) The court may:
(a) make any of the dispositions described in Section 
78A-6-117
;
(b) place the minor in the custody or guardianship of any:
(i) individual; or
(ii) public or private entity or agency; or
(c) order:
(i) protective supervision;
(ii) family preservation;
(iii) subject to Subsections (12)(b), 
78A-6-105
[
(27)
]
(35)
(d), and 
78A-6-117
(2)[
(n)
]
and Section 
78A-6-301.5
, medical or mental health treatment; or
(iv) other services.
(2) Whenever the court orders continued removal at the dispositional hearing, and that
the minor remain in the custody of the division, the court shall first:
(a) establish a primary permanency plan for the minor; and
(b) determine whether, in view of the primary permanency plan, reunification services
are appropriate for the minor and the minor's family, pursuant to Subsections (20) through (22).
(3) Subject to Subsections (6) and (7), if the court determines that reunification
services are appropriate for the minor and the minor's family, the court shall provide for
reasonable parent-time with the parent or parents from whose custody the minor was removed,
unless parent-time is not in the best interest of the minor.
(4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
abuse, or severe neglect are involved, neither the division nor the court has any duty to make
"reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
attempt to rehabilitate the offending parent or parents.
(5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
concern in determining whether reasonable efforts to reunify should be made.
(6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
the court makes a finding that it is necessary to deny parent-time in order to:
(a) protect the physical safety of the minor;
(b) protect the life of the minor; or
(c) prevent the minor from being traumatized by contact with the parent due to the
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
(7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
parent's failure to:
(a) prove that the parent has not used legal or illegal substances; or
(b) comply with an aspect of the child and family plan that is ordered by the court.
(8) (a) In addition to the primary permanency plan, the court shall establish a
concurrent permanency plan that shall include:
(i) a representative list of the conditions under which the primary permanency plan will
be abandoned in favor of the concurrent permanency plan; and
(ii) an explanation of the effect of abandoning or modifying the primary permanency
plan.
(b) In determining the primary permanency plan and concurrent permanency plan, the
court shall consider:
(i) the preference for kinship placement over nonkinship placement;
(ii) the potential for a guardianship placement if the parent-child relationship is legally
terminated and no appropriate adoption placement is available; and
(iii) the use of an individualized permanency plan, only as a last resort.
(9) A permanency hearing shall be conducted in accordance with Subsection
78A-6-314
(1)(b) within 30 days after the day on which the dispositional hearing ends if
something other than reunification is initially established as a minor's primary permanency
plan.
(10) (a) The court may amend a minor's primary permanency plan before the
establishment of a final permanency plan under Section 
78A-6-314
.
(b) The court is not limited to the terms of the concurrent permanency plan in the event
that the primary permanency plan is abandoned.
(c) If, at any time, the court determines that reunification is no longer a minor's primary
permanency plan, the court shall conduct a permanency hearing in accordance with Section
78A-6-314
 on or before the earlier of:
(i) 30 days after the day on which the court makes the determination described in this
Subsection (10)(c); or
(ii) the day on which the provision of reunification services, described in Section
78A-6-314
, ends.
(11) (a) If the court determines that reunification services are appropriate, [
it
] 
the court
shall order that the division make reasonable efforts to provide services to the minor and the
minor's parent for the purpose of facilitating reunification of the family, for a specified period
of time.
(b) In providing the services described in Subsection (11)(a), the minor's health, safety,
and welfare shall be the division's paramount concern, and the court shall so order.
(12) (a) The court shall:
(i) determine whether the services offered or provided by the division under the child
and family plan constitute "reasonable efforts" on the part of the division;
(ii) determine and define the responsibilities of the parent under the child and family
plan in accordance with Subsection 
62A-4a-205
(6)(e); and
(iii) identify verbally on the record, or in a written document provided to the parties,
the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
determination regarding the provision of reasonable efforts, in accordance with state and
federal law.
(b) If the parent is in a substance [
abuse
] 
use disorder
 treatment program, other than a
certified drug court program:
(i) the court may order the parent to submit to supplementary drug or alcohol testing in
addition to the testing recommended by the parent's substance [
abuse
] 
use disorder
 program
based on a finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
(ii) the court may order the parent to provide the results of drug or alcohol testing
recommended by the substance [
abuse
] 
use disorder
 program to the court or division.
(13) (a) The time period for reunification services may not exceed 12 months from the
date that the minor was initially removed from the minor's home, unless the time period is
extended under Subsection 
78A-6-314
(7).
(b) Nothing in this section may be construed to entitle any parent to an entire 12
months of reunification services.
(14) (a) If reunification services are ordered, the court may terminate those services at
any time.
(b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
to be inconsistent with the final permanency plan for the minor established pursuant to Section
78A-6-314
, then measures shall be taken, in a timely manner, to:
(i) place the minor in accordance with the permanency plan; and
(ii) complete whatever steps are necessary to finalize the permanent placement of the
minor.
(15) Any physical custody of the minor by the parent or a relative during the period
described in Subsections (11) through (14) does not interrupt the running of the period.
(16) (a) If reunification services are ordered, a permanency hearing shall be conducted
by the court in accordance with Section 
78A-6-314
 at the expiration of the time period for
reunification services.
(b) The permanency hearing shall be held no later than 12 months after the original
removal of the minor.
(c) If reunification services are not ordered, a permanency hearing shall be conducted
within 30 days, in accordance with Section 
78A-6-314
.
(17) With regard to a minor in the custody of the division whose parent or parents are
ordered to receive reunification services but who have abandoned that minor for a period of six
months from the date that reunification services were ordered:
(a) the court shall terminate reunification services; and
(b) the division shall petition the court for termination of parental rights.
(18) When a court conducts a permanency hearing for a minor under Section
78A-6-314
, the court shall attempt to keep the minor's sibling group together if keeping the
sibling group together is:
(a) practicable; and
(b) in accordance with the best interest of the minor.
(19) (a) Because of the state's interest in and responsibility to protect and provide
permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
parent's interest in receiving reunification services is limited.
(b) The court may determine that:
(i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
based on the individual circumstances; and
(ii) reunification services should not be provided.
(c) In determining "reasonable efforts" to be made with respect to a minor, and in
making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
concern.
(20) There is a presumption that reunification services should not be provided to a
parent if the court finds, by clear and convincing evidence, that any of the following
circumstances exist:
(a) the whereabouts of the parents are unknown, based upon a verified affidavit
indicating that a reasonably diligent search has failed to locate the parent;
(b) subject to Subsection (21)(a), the parent is suffering from a mental illness of such
magnitude that it renders the parent incapable of utilizing reunification services;
(c) the minor was previously adjudicated as an abused child due to physical abuse,
sexual abuse, or sexual exploitation, and following the adjudication the minor:
(i) was removed from the custody of the minor's parent;
(ii) was subsequently returned to the custody of the parent; and
(iii) is being removed due to additional physical abuse, sexual abuse, or sexual
exploitation;
(d) the parent:
(i) caused the death of another minor through abuse or neglect;
(ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
(A) murder or manslaughter of a child; or
(B) child abuse homicide;
(iii) committed sexual abuse against the child;
(iv) is a registered sex offender or required to register as a sex offender; or
(v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child;
(e) the minor suffered severe abuse by the parent or by any person known by the
parent, if the parent knew or reasonably should have known that the person was abusing the
minor;
(f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
and the court finds that it would not benefit the minor to pursue reunification services with the
offending parent;
(g) the parent's rights are terminated with regard to any other minor;
(h) the minor was removed from the minor's home on at least two previous occasions
and reunification services were offered or provided to the family at those times;
(i) the parent has abandoned the minor for a period of six months or longer;
(j) the parent permitted the child to reside, on a permanent or temporary basis, at a
location where the parent knew or should have known that a clandestine laboratory operation
was located;
(k) except as provided in Subsection (21)(b), with respect to a parent who is the child's
birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
exposed to an illegal or prescription drug that was abused by the child's mother while the child
was in utero, if the child was taken into division custody for that reason, unless the mother
agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
substance [
abuse
] 
use disorder
 treatment program approved by the department; or
(l) any other circumstance that the court determines should preclude reunification
efforts or services.
(21) (a) The finding under Subsection (20)(b) shall be based on competent evidence
from at least two medical or mental health professionals, who are not associates, establishing
that, even with the provision of services, the parent is not likely to be capable of adequately
caring for the minor within 12 months after the day on which the court finding is made.
(b) A judge may disregard the provisions of Subsection (20)(k) if the court finds, under
the circumstances of the case, that the substance [
abuse
] 
use disorder
 treatment described in
Subsection (20)(k) is not warranted.
(22) In determining whether reunification services are appropriate, the court shall take
into consideration:
(a) failure of the parent to respond to previous services or comply with a previous child
and family plan;
(b) the fact that the minor was abused while the parent was under the influence of
drugs or alcohol;
(c) any history of violent behavior directed at the child or an immediate family
member;
(d) whether a parent continues to live with an individual who abused the minor;
(e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
(f) testimony by a competent professional that the parent's behavior is unlikely to be
successful; and
(g) whether the parent has expressed an interest in reunification with the minor.
(23) (a) If reunification services are not ordered pursuant to Subsections (19) through
(21), and the whereabouts of a parent become known within six months after the day on which
the out-of-home placement of the minor is made, the court may order the division to provide
reunification services.
(b) The time limits described in Subsections (2) through (18) are not tolled by the
parent's absence.
(24) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
services unless [
it
] 
the court
 determines that those services would be detrimental to the minor.
(b) In making the determination described in Subsection (24)(a), the court shall
consider:
(i) the age of the minor;
(ii) the degree of parent-child bonding;
(iii) the length of the sentence;
(iv) the nature of the treatment;
(v) the nature of the crime or illness;
(vi) the degree of detriment to the minor if services are not offered;
(vii) for a minor 10 years old or older, the minor's attitude toward the implementation
of family reunification services; and
(viii) any other appropriate factors.
(c) Reunification services for an incarcerated parent are subject to the time limitations
imposed in Subsections (2) through (18).
(d) Reunification services for an institutionalized parent are subject to the time
limitations imposed in Subsections (2) through (18), unless the court determines that continued
reunification services would be in the minor's best interest.
(25) If, pursuant to Subsections (20)(b) through (l), the court does not order
reunification services, a permanency hearing shall be conducted within 30 days, in accordance
with Section 
78A-6-314
.
Section 64. Section 
78A-6-401
 is amended to read:
78A-6-401.
Attorney general responsibility.
[
(1) The processes and procedures described in Part 3, Abuse, Neglect, and
Dependency Proceedings, designed to meet the needs of minors who are abused or neglected,
are not applicable to a minor who is committed to the custody of the Division of Child and
Family Services on a basis other than abuse or neglect and who are classified in the division's
management information system as having been placed in custody primarily on the basis of
delinquent behavior or a status offense.
]
[
(2) The procedures described in Subsection 
78A-6-118
(2)(a) are applicable to a minor
described in Subsection (1).
]
[
(3) The court may appoint a guardian ad litem to represent the interests of a minor
described in Subsection (1), upon request of the minor or the minor's parent or guardian.
]
[
(4) As of July 1, 1998, the
]
The
 attorney general's office shall represent the Division of Child and Family Services
with regard to actions involving a minor who has not been adjudicated as abused or neglected,
but who is [
otherwise committed to the custody of the division by the juvenile court, and who
is classified in the division's management information system as having been placed in custody
primarily on the basis of delinquent behavior or a status offense. Nothing in Subsection (3)
may be construed to affect the responsibility of the county attorney or district attorney to
represent the state in those matters, in accordance with the provisions of Section 
78A-6-115
]
ordered to complete in-home family services under Section 
78A-6-117.5
.
Section 65. Section 
78A-6-602
 is amended to read:
78A-6-602.
Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
referral -- Citation -- Failure to appear.
(1) A proceeding in a minor's case is commenced by petition, except as provided in
Sections 
78A-6-701
, 
78A-6-702
, and 
78A-6-703
.
[
(2) (a) A peace officer or any public official of the state, any county, city, or 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 of a minor's arrest. If the arrested minor is taken
to a detention facility, the formal referral shall be filed with the juvenile court within 72 hours,
excluding weekends and holidays. There shall be no requirement to file a formal referral with
the juvenile court on an offense that would be a class B misdemeanor or less if committed by
an adult .
]
(2) (a) A peace officer or a public official of the state, a county, city, or 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 of a minor's arrest. If the arrested minor is taken to a
detention facility, the formal referral shall be filed with the juvenile court within 72 hours,
excluding weekends and holidays. A formal referral under Section 
53A-11-911
 may not be
filed with the juvenile court on an offense unless the offense is subject to referral under Section
53A-11-911
.
(b) When the court is informed by a peace officer or other person that a minor is or
appears to be within the court's jurisdiction, the probation department shall make a preliminary
inquiry to determine whether [
the interests of the public or of the minor require that further
action be taken. (c) (i) Based on the preliminary inquiry, the court may authorize the filing of or
request that the county attorney or district attorney as provided under Section 
17-18a-202
 or
17-18a-203
 file a petition. (ii) In its discretion, the court may, through its probation
department,
] 
the minor is eligible to
 enter into a written consent agreement with the [
minor
]
probation department
 and, if the minor is a child, the minor's parent, guardian, or custodian for
the nonjudicial adjustment of the case [
if the facts are admitted and establish prima facie
jurisdiction.
] 
pursuant to this Subsection (2). The court's probation department shall offer a
nonjudicial adjustment if the minor:
(i) is referred with a misdemeanor, infraction, or status offense;
(ii) has fewer than three prior adjudications; and
(iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
(c) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
validated risk and needs assessment and may request that the prosecutor review the referral
pursuant to Subsection (2)(g) to determine whether to dismiss the referral or file a petition
instead of offering a nonjudicial adjustment if:
(A) the results of the assessment indicate the youth is high risk; or
(B) the results of the assessment indicate the youth is moderate risk and the referral is
for a class A misdemeanor violation under Title 76, Chapter 5, or Title 76, Chapter 9, Part 7,
Miscellaneous Provisions.
(ii) The court's probation department, may offer a nonjudicial adjustment to any other
minor who does not meet the criteria provided in Subsection (2)(b).
(iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
admission of guilt.
(iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to
pay a financial penalty under Subsection (2)(d).
[
(iii)
] 
(v)
 Efforts to effect a nonjudicial adjustment may not extend for a period of more
than 90 days without leave of a judge of the court, who may extend the period for an additional
90 days.
(d) The nonjudicial adjustment of a case may include conditions agreed upon as part of
the nonjudicial closure:
(i) payment of a financial penalty of not more than $250 to the juvenile court 
subject to
the terms established under Subsection (2)(e)
;
(ii) payment of victim restitution;
(iii) satisfactory completion of compensatory service;
(iv) referral to an appropriate provider for counseling or treatment;
(v) attendance at substance [
abuse
] 
use disorder
 programs or counseling programs;
(vi) compliance with specified restrictions on activities and associations; and
(vii) other reasonable actions that are in the interest of the child or minor and the
community.
[
(e) Proceedings involving offenses under Section 
78A-6-606
 are governed by that
section regarding suspension of driving privileges.
]
(e) A fee, fine, or restitution included in a nonjudicial closure in accordance with
Subsection (2)(d) shall be based upon the ability of the minor's family to pay as determined by
a statewide sliding scale developed as provided in Section 
63M-7-208
 on and after July 1,
2018.
(f) If a minor fails to substantially comply with the conditions agreed upon as part of
the nonjudicial closure, or if a minor is not offered or declines a nonjudicial adjustment
pursuant to Subsection (2)(b) or (2)(c)(ii), the prosecutor shall review the case and take one of
the following actions:
(i) dismiss the case;
(ii) refer the case back to the probation department for a new attempt at nonjudicial
adjustment; or
(iii) in accordance with Subsections (2)(h), file a petition with the court.
(g) Notwithstanding Subsection (2)(f), a petition may only be filed upon reasonable
belief that:
(i) the charges are supported by probable cause;
(ii) admissible evidence will be sufficient to support conviction beyond a reasonable
doubt; and
(iii) the decision to charge is in the interests of justice.
(h) Failure to a pay a fine or fee may not serve as a basis for filing of a petition under
Subsection (2)(f)(iii) if the minor has substantially complied with the other conditions agreed
upon in accordance with Subsection (2)(d) or those imposed through any other court diversion
program.
[
(f)
] 
(i)
 A violation of Section 
76-10-105
 that is subject to the jurisdiction of the
juvenile court [
shall
] 
may
 include a [
minimum
] fine or penalty [
of $60
] and participation in a
court-approved tobacco education program, which may include a participation fee.
(j) If the prosecutor files a petition in court, the court may refer the case to the
probation department for another offer of nonjudicial adjustment.
(3) Except as provided in Sections 
78A-6-701
 and 
78A-6-702
, in the case of a minor
14 years of age or older, the county attorney, district attorney, or attorney general may
commence an action by filing a criminal information and a motion requesting the juvenile court
to waive its jurisdiction and certify the minor to the district court.
(4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
misdemeanors, other infractions or misdemeanors as designated by general order of the Board
of Juvenile Court Judges, and violations of Section 
76-10-105
 subject to the jurisdiction of the
juvenile court, a petition is not required and the issuance of a citation as provided in Section
78A-6-603
 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry is [
not
]
required [
unless requested by the court
].
(b) Any failure to comply with the time deadline on a formal referral may not be the
basis of dismissing the formal referral.
Section 66. Section 
78A-6-603
 is amended to read:
78A-6-603.
Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
appear.
(1) As used in this section, "citation" means an abbreviated referral and is sufficient to
invoke the jurisdiction of the court in lieu of a petition.
(2) A citation shall be submitted to the court within five days of [
its
] issuance.
(3) [
Each
] 
A
 copy of the citation shall contain:
(a) the name and address of the juvenile court before which the minor [
is
] 
may be
required
 to appear;
(b) the name of the minor cited;
(c) the statute or local ordinance that is alleged to have been violated;
(d) a brief description of the offense charged;
(e) the date, time, and location at which the offense is alleged to have occurred;
(f) the date the citation was issued;
(g) the name and badge or identification number of the peace officer or public official
who issued the citation;
(h) the name of the arresting person if an arrest was made by a private party and the
citation was issued in lieu of taking the arrested minor into custody as provided in Section
78A-6-112
;
(i) the date and time when the minor is to appear, or a statement that the minor and
parent or legal guardian are to appear when notified by the juvenile court; and
(j) the signature of the minor and the parent or legal guardian, if present, agreeing to
appear at the juvenile court as designated on the citation.
(4) [
Each
] 
A
 copy of the citation shall contain space for the following information to
be entered if known:
(a) the minor's address;
(b) the minor's date of birth;
(c) the name and address of the child's custodial parent or legal guardian, if different
from the child; and
(d) if there is a victim, the victim's name, address, and an estimate of loss, except that
this information shall be removed from the documents the minor receives.
(5) A citation received by the court beyond the time designated in Subsection (2) shall
include a written explanation for the delay.
(6) [
The
] 
In accordance with Section 
53A-11-911
, the
 following offenses may be sent
to the juvenile court as a citation:
(a) violations of wildlife laws;
(b) violations of boating laws;
(c) violations of curfew laws;
(d) any class B misdemeanor or less traffic violations where the person is under the age
of 16;
(e) any class B or class C misdemeanor or infraction;
(f) any other infraction or misdemeanor as designated by general order of the Board of
Juvenile Court Judges; and
(g) violations of Section 
76-10-105
 subject to the jurisdiction of the juvenile court.
[
(7) A preliminary inquiry is not required unless requested by the court.
]
[
(8) The provisions of Subsection (5) may not apply to a runaway, ungovernable, or
habitually truant child.
]
[
(9) In the case of Section 
76-10-105
 violations committed on school property when a
citation is issued under this section, the peace officer, public official, or compliance officer
shall issue one copy to the minor cited, provide the parent or legal guardian with a copy, and
file a duplicate with the juvenile court specified in the citation within five days.
]
(7) A minor offense defined under Section 
78A-6-1202
, alleged to have been
committed by an enrolled child on school property or related to school attendance, may only be
sent to the prosecutor or the juvenile court in accordance with Section 
53A-11-911
.
(8) A preliminary inquiry by the prosecutor, and if appropriate, the court, under Section
78A-6-117
 is required.
(9) Subsection (5) may not apply to a runaway child.
(10) (a) A minor receiving a citation described in this section shall appear at the
juvenile court designated in the citation on the time and date specified in the citation or when
notified by the juvenile court.
(b) A citation may not require a minor to appear sooner than five days following its
issuance.
(11) A minor who receives a citation and willfully fails to appear before the juvenile
court pursuant to a citation [
is subject to arrest and
] may be found in contempt of court. The
court may proceed against the minor as provided in Section 
78A-6-1101
 [
regardless of the
disposition of the offense upon which the minor was originally cited
].
(12) When a citation is issued under this section, bail may be posted and forfeited
under [
Subsection
] 
Section
78A-6-113
[
(12)
] with the consent of:
(a) the court; and
(b) if the minor is a child, the parent or legal guardian of the child cited.
Section 67. Section 
78A-6-604
 is amended to read:
78A-6-604.
Minor held in detention -- Credit for good behavior.
(1) [
The judge may order whether a
] 
A
 minor held in detention under Subsection
78A-6-117
(2)(f) [
or 
78A-6-1101
(3)
] is eligible to receive credit for good behavior against the
period of detention. The rate of credit is one day for every three days served. The Division of
Juvenile Justice Services shall, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, establish rules describing good behavior for which credit may be earned.
(2) Any disposition including detention under Subsection 
78A-6-117
(2)(f) [
or
78A-6-1101
(3)
] shall be concurrent with any other order of detention.
Section 68. Section 
78A-6-606
 is amended to read:
78A-6-606.
Suspension of license for certain offenses.
(1) This section applies to a minor who is at least [
years of age
] 
the age eligible for
a driver license under Section 
53-3-204
 when found by the court to be within its jurisdiction by
the commission of an offense under:
(a) Section 
32B-4-409
;
(b) Section 
32B-4-410
;
(c) Section 
32B-4-411
;
(d) Section 
58-37-8
;
(e) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(f) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(g) Subsection 
76-9-701
(1).
(2) This section only applies when the minor is found by the court to be in actual
physical control of a motor vehicle during the commission of one of the offenses under
Subsection (1).
[
(2)
] 
(3)
 If the court hearing the case determines that the minor committed an offense
under Section 
58-37-8
 or Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
Imitation Controlled Substances Act, the court [
shall
] 
may
 prepare and send to the Driver
License Division of the Department of Public Safety an order to suspend that minor's driving
privileges.
[
(3)
] 
(4)
 (a) The court hearing the case [
shall
] 
may
 suspend the minor's driving
privileges if the minor violated Section 
32B-4-409
, Section 
32B-4-410
, or Subsection
76-9-701
(1).
(b) [
Notwithstanding the requirement in Subsection (2) or (3)(a), the
] 
The
 court may
reduce [
the
] 
a
 suspension period [
required
] 
imposed
 under Section 
53-3-219
 if:
(i) the violation is the minor's first violation of:
(A) Section 
32B-4-409
;
(B) Section 
32B-4-410
;
(C) Section 
58-37-8
;
(D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(F) Subsection 
76-9-701
(1); and
(ii) (A) the minor completes an educational series as defined in Section 
41-6a-501
; or
(B) the minor demonstrates substantial progress in substance [
abuse
] 
use disorder
treatment.
(c) [
Notwithstanding the requirement in Subsection (2) or (3)(a) and in accordance
with the requirements of Section 
53-3-219
, the
] 
The
 court may reduce the suspension period
required under Section 
53-3-219
 if:
(i) the violation is the minor's second or subsequent violation of:
(A) Section 
32B-4-409
;
(B) Section 
32B-4-410
;
(C) Section 
58-37-8
;
(D) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(E) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
(F) Subsection 
76-9-701
(1);
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance [
abuse
] 
use disorder
 treatment; and
(iii) (A) the person is 18 years of age or older and provides a sworn statement to the
court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
consecutive period during the suspension period imposed under Subsection [
(3)
] 
(4)
(a); or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
one-year consecutive period during the suspension period imposed under Subsection [
(3)
]
(4)
(a).
(d) If a minor commits a proof of age violation, as defined in Section 
32B-4-411
:
(i) the court [
shall
] 
may
 forward a record of adjudication to the Department of Public
Safety for a first or subsequent violation; and
(ii) the minor's driving privileges will be suspended:
(A) for a period of at least one year under Section 
53-3-220
 for a first conviction for a
violation of Section 
32B-4-411
; or
(B) for a period of two years for a second or subsequent conviction for a violation of
Section 
32B-4-411
.
(e) [
Notwithstanding the requirement in Subsection (3)(d), the
] 
The
 court may reduce
the suspension period imposed under Subsection [
(3)
] 
(4)
(d)(ii)(A) if:
(i) the violation is the minor's first violation of Section 
32B-4-411
; and
(ii) (A) the minor completes an educational series as defined in Section 
41-6a-501
; or
(B) the minor demonstrates substantial progress in substance [
abuse
] 
use disorder
treatment.
(f) [
Notwithstanding the requirement in Subsection (3)(d), the
] 
The
 court may reduce
the suspension period imposed under Subsection [
(3)
] 
(4)
(d)(ii)(B) if:
(i) the violation is the minor's second or subsequent violation of Section 
32B-4-411
;
(ii) the minor has completed an educational series as defined in Section 
41-6a-501
 or
demonstrated substantial progress in substance [
abuse
] 
use disorder
 treatment; and
(iii) (A) the person is 18 years of age or older and provides a sworn statement to the
court that the person has not unlawfully consumed alcohol or drugs for at least a one-year
consecutive period during the suspension period imposed under Subsection [
(3)
] 
(4)
(d)(ii)(B);
or
(B) the person is under 18 years of age and has the person's parent or legal guardian
provide an affidavit or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a
one-year consecutive period during the suspension period imposed under Subsection [
(3)
]
(4)
(d)(ii)(B).
[
(4)
] 
(5)
 A minor's license shall be suspended under Section 
53-3-219
 when a court
issues an order suspending the minor's driving privileges 
in accordance with Subsection (2)
 for
a violation of:
(a) Section 
32B-4-409
;
(b) Section 
32B-4-410
;
(c) Section 
58-37-8
;
(d) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Title 37b, Imitation
Controlled Substances Act; or
(e) Subsection 
76-9-701
(1).
[
(5)
] 
(6)
 When the Department of Public Safety receives the arrest or conviction record
of a person for a driving offense committed while the person's license is suspended under this
section, the Department of Public Safety shall extend the suspension for a like period of time.
Section 69. Section 
78A-6-701
 is amended to read:
78A-6-701.
Jurisdiction of district court.
(1) The district court has exclusive original jurisdiction over all persons 16 years of age
or older charged with[
: (a)
] an offense [
which
] 
that
 would be murder or aggravated murder if
committed by an adult[
;
]
.
[
(b) if the minor has been previously committed to a secure facility as defined in
Section 
62A-7-101
, a felony violation of:
]
[
(i) Section 
76-6-103
, aggravated arson;
]
[
(ii) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
]
[
(iii) Section 
76-5-302
, aggravated kidnapping;
]
[
(iv) Section 
76-6-203
, aggravated burglary;
]
[
(v) Section 
76-6-302
, aggravated robbery;
]
[
(vi) Section 
76-5-405
, aggravated sexual assault;
]
[
(vii) Section 
76-10-508.1
, felony discharge of a firearm;
]
[
(viii) Section 
76-5-202
, attempted aggravated murder; or
]
[
(ix) Section 
76-5-203
, attempted murder; or
]
[
(c) an offense other than those listed in Subsection (1)(b) involving the use of a
dangerous weapon, which would be a felony if committed by an adult, and the minor has been
previously adjudicated or convicted of an offense involving the use of a dangerous weapon,
which also would have been a felony if committed by an adult.
]
(2) When the district court has exclusive original jurisdiction over a minor under this
section, it also has exclusive original jurisdiction over the minor regarding all offenses joined
with the qualifying offense, and any other offenses, including misdemeanors, arising from the
same criminal episode. The district court is not divested of jurisdiction by virtue of the fact
that the minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
(3) (a) [
Any
] 
A
 felony, misdemeanor, or infraction committed after the offense over
which the district court takes jurisdiction under Subsection (1) or (2) shall be tried against the
defendant as an adult in the district court or justice court having jurisdiction.
(b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of not
guilty, or a dismissal of the charge in the district court, the juvenile court under Section
78A-6-103
 and the Division of Juvenile Justice Services regain any jurisdiction and authority
previously exercised over the minor.
(4) A minor arrested under this section shall be held in a juvenile detention facility
until the district court determines where the minor shall be held until the time of trial, except
for defendants who are otherwise subject to the authority of the Board of Pardons and Parole.
(5) The district court shall consider the following when determining where the minor
will be held until the time of trial:
(a) the age of the minor;
(b) the nature, seriousness, and circumstances of the alleged offense;
(c) the minor's history of prior criminal acts;
(d) whether detention in a juvenile detention facility will adequately serve the need for
community protection pending the outcome of any criminal proceedings;
(e) whether the minor's placement in a juvenile detention facility will negatively impact
the functioning of the facility by compromising the goals of the facility to maintain a safe,
positive, and secure environment for all minors within the facility;
(f) the relative ability of the facility to meet the needs of the minor and protect the
public;
(g) whether the minor presents an imminent risk of harm to the minor or others within
the facility;
(h) the physical maturity of the minor;
(i) the current mental state of the minor as evidenced by relevant mental health or
psychological assessments or screenings that are made available to the court; and
(j) any other factors the court considers relevant.
(6) A minor ordered to a juvenile detention facility under Subsection (5) shall remain
in the facility until released by a district court judge, or if convicted, until sentencing.
(7) A minor held in a juvenile detention facility under this section shall have the same
right to bail as any other criminal defendant.
(8) If the minor ordered to a juvenile detention facility under Subsection (5) attains the
age of 18 years, the minor shall be transferred within 30 days to an adult jail until released by
the district court judge, or if convicted, until sentencing.
(9) A minor 16 years of age or older whose conduct or condition endangers the safety
or welfare of others in the juvenile detention facility may, by court order that specifies the
reasons, be detained in another place of confinement considered appropriate by the court,
including jail or other place of pretrial confinement for adults.
Section 70. Section 
78A-6-1101
 is amended to read:
78A-6-1101.
Violation of order of court -- Contempt -- Penalty -- Enforcement of
fine, fee, or restitution.
(1) [
Any
] 
A
 person who willfully violates or refuses to obey any order of the court may
be proceeded against for contempt of court.
(2) [
Any
] 
A
 person 18 years of age or older found in contempt of court may be
punished in accordance with Section 
78B-6-310
.
(3) (a) [
Any
] 
A
 person younger than 18 years of age found in contempt of court may be
punished by [
any
] disposition permitted under Section 
78A-6-117
, except [
for commitment to a
secure facility
] 
the court may only order a disposition that changes the custody of the minor,
including community placement or commitment to a secure facility, if the disposition is
commitment to a secure detention pursuant to Subsection 
78A-6-117
(2)(f) for no longer than
hours, excluding weekends and legal holidays
.
(b) [
The
] 
A
 court may [
stay or
] 
not
 suspend all or part of the punishment upon
compliance with conditions imposed by the court.
(4) [
The
] 
In accordance with Section 
78A-6-117
, the
 court may enforce orders of fines,
fees, or restitution through garnishments, wage withholdings, supplementary proceedings, or
executions. 
An order described in this Subsection (4) may not be enforced through an order of
detention, community placement, or commitment to a secure facility.
Section 71. Section 
78A-6-1202
 is amended to read:
78A-6-1202.
Definitions.
(1) "Adult" means a person 18 years of age or older.
(2) 
(a)
 "Gang activity" means any criminal activity that is conducted as part of an
organized youth gang. It includes any criminal activity that is done in concert with other gang
members, or done alone if it is to fulfill gang purposes.
(b)
 "Gang activity" does not include graffiti.
(3) 
(a)
 "Minor offense" means any unlawful act that is a status offense or would be a
[
class B or C
] misdemeanor, infraction, or violation of a municipal or county ordinance if the
youth were an adult.
(b)
 "Minor offense" does not include:
[
(a)
] 
(i) a
 class A [
misdemeanors
] 
misdemeanor
; 
or
[
(b)
] 
(ii)
 [
felonies
] 
a felony
 of any degree[
;
]
.
[
(c) any offenses that are committed as part of gang activity;
]
[
(d) any of the following offenses which would carry mandatory dispositions if referred
to the juvenile court under Section 
78A-6-606
:
]
[
(i) a second violation of Section 
32B-4-409
, Unlawful Purchase, Possession or
Consumption by Minors -- Measurable Amounts in Body;
]
[
(ii) a violation of Section 
41-6a-502
, Driving Under the Influence;
]
[
(iii) a violation of Section 
58-37-8
, Controlled Substances Act;
]
[
(iv) a violation of Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
]
[
(v) a violation of Title 58, Chapter 37b, Imitation Controlled Substances Act; or
]
[
(vi) a violation of Section 
76-9-701
, Intoxication; or
]
[
(e) any offense where a dangerous weapon, as defined in Subsection 
76-1-601
(5), is
used in the commission of the offense.
]
(4) "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.
(5) "Status offense" means a violation of the law that would not be a violation but for
the age of the offender.
(6) "Youth" means a person under the age of 18 years or who is 18 but still attending
high school.
Section 72. Section 
78A-6-1203
 is amended to read:
78A-6-1203.
Youth court -- Authorization -- Referral.
(1) Youth court is a diversion program [
which
] 
that
 provides an alternative disposition
for cases involving juvenile offenders in which youth participants, under the supervision of an
adult coordinator, may serve in various capacities within the courtroom, acting in the role of
jurors, lawyers, bailiffs, clerks, and judges.
(a) Youth who appear before youth courts have been identified by law enforcement
personnel, school officials, a prosecuting attorney, or the juvenile court as having committed
acts which indicate a need for intervention to prevent further development toward juvenile
delinquency, but which appear to be acts that can be appropriately addressed outside the
juvenile court process.
(b) Youth courts may only hear cases as provided for in this part.
(c) Youth court is a diversion program and not a court established under the Utah
Constitution, Article VIII.
(2) A youth court may not accept referrals from law enforcement, schools, prosecuting
attorneys, or a juvenile court unless the youth court is certified by the Utah Youth Court Board.
(3) Any person may refer youth to a youth court for minor offenses 
or for any other
eligible offense under Section 
53A-11-911
. Once a referral is made, the case shall be screened
by an adult coordinator to determine whether it qualifies as a youth court case.
(4) Youth courts have authority over youth:
(a) referred for [
a
] 
one or more
 minor [
offense or
] offenses 
or who are referred for
other eligible offenses under Section 
53A-11-911
, or who are granted permission for referral
under this part;
(b) who, along with a parent, guardian, or legal custodian, voluntarily and in writing,
request youth court involvement; 
and
[
(c) who admit having committed the referred offense;
]
[
(d) who, along with a parent, guardian, or legal custodian, waive any privilege against
self-incrimination and right to a speedy trial; and
]
[
(e)
] 
(c)
 who, along with [
their
] 
a
 parent, guardian, or legal custodian, agree to follow
the youth court disposition of the case.
(5) Except with permission granted under Subsection (6), 
or pursuant to Section
53A-11-911
,
 youth courts may not exercise authority over youth who are under the continuing
jurisdiction of the juvenile court for law violations, including any youth who may have a matter
pending which has not yet been adjudicated. Youth courts may, however, exercise authority
over youth who are under the continuing jurisdiction of the juvenile court as set forth in this
Subsection (5) if the offense before the youth court is not a law violation, and the referring
agency has notified the juvenile court of the referral.
(6) Youth courts may exercise authority over youth described in Subsection (5), and
over any other offense with the permission of the juvenile court and the prosecuting attorney in
the county or district that would have jurisdiction if the matter were referred to juvenile court.
(7) Permission of the juvenile court may be granted by a probation officer of the court
in the district that would have jurisdiction over the offense being referred to youth court.
(8) Youth courts may decline to accept a youth for youth court disposition for any
reason and may terminate a youth from youth court participation at any time.
(9) A youth or the youth's parent, guardian, or legal custodian may withdraw from the
youth court process at any time. The youth court shall immediately notify the referring source
of the withdrawal.
(10) The youth court may transfer a case back to the referring source for alternative
handling at any time.
(11) Referral of a case to youth court may not
, if otherwise eligible,
 prohibit the
subsequent referral of the case to any court.
(12) Proceedings and dispositions of a youth court may only be shared with the
referring agency, juvenile court, and victim.
(13) When a person does not complete the terms ordered by a youth court, and 
if
 the
case is referred to a juvenile court, the youth court shall provide the case file to the juvenile
court.
Section 73. Section 
78A-6-1302
 is amended to read:
78A-6-1302.
Procedure -- Standard.
(1) When a motion is filed pursuant to Section 
78A-6-1301
 raising the issue of a
minor's competency to proceed, or when the court raises the issue of a minor's competency to
proceed, the juvenile court in which proceedings are pending shall stay all delinquency
proceedings.
(2) If a motion for inquiry is opposed by either party, the court shall, prior to granting
or denying the motion, hold a limited hearing solely for the purpose of determining the
sufficiency of the motion. If the court finds that the allegations of incompetency raise a bona
fide doubt as to the minor's competency to proceed, it shall enter an order for an evaluation of
the minor's competency to proceed, and shall set a date for a hearing on the issue of the minor's
competency.
(3) After the granting of a motion, and prior to a full competency hearing, the court
may order the Department of Human Services to evaluate the minor and to report to the court
concerning the minor's mental condition.
(4) The minor shall be evaluated by a mental health examiner with experience in
juvenile forensic evaluations and juvenile brain development, who is not involved in the
current treatment of the minor. If it becomes apparent that the minor may be not competent
due to an intellectual disability or related condition, the examiner shall be experienced in
intellectual disability or related condition evaluations of minors.
(5) The petitioner or other party, as directed by the court, shall provide all information
and materials to the examiners relevant to a determination of the minor's competency
including:
(a) the motion;
(b) the arrest or incident reports pertaining to the charged offense;
(c) the minor's known delinquency history information;
(d) known prior mental health evaluations and treatments; and
(e) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the
minor's education.
(6) The minor's parents or guardian, the prosecutor, defense attorney, and guardian ad
litem, shall cooperate in providing the relevant information and materials to the examiners.
(7) In conducting the evaluation and in the report determining if a minor is competent
to proceed as defined in Subsection 
78A-6-105
[
(30)
]
(38)
, the examiner shall consider the
impact of a mental disorder, intellectual disability, or related condition on a minor's present
capacity to:
(a) comprehend and appreciate the charges or allegations;
(b) disclose to counsel pertinent facts, events, or states of mind;
(c) comprehend and appreciate the range and nature of possible penalties, if applicable,
that may be imposed in the proceedings against the minor;
(d) engage in reasoned choice of legal strategies and options;
(e) understand the adversarial nature of the proceedings;
(f) manifest appropriate courtroom behavior; and
(g) testify relevantly, if applicable.
(8) In addition to the requirements of Subsection (7), the examiner's written report
shall:
(a) identify the specific matters referred for evaluation;
(b) describe the procedures, techniques, and tests used in the evaluation and the
purpose or purposes for each;
(c) state the examiner's clinical observations, findings, and opinions on each issue
referred for evaluation by the court, and indicate specifically those issues, if any, on which the
examiner could not give an opinion;
(d) state the likelihood that the minor will attain competency and the amount of time
estimated to achieve it; and
(e) identify the sources of information used by the examiner and present the basis for
the examiner's clinical findings and opinions.
(9) The examiner shall provide an initial report to the court, the prosecuting and
defense attorneys, and the guardian ad litem, if applicable, within 30 days of the receipt of the
court's order. If the examiner informs the court that additional time is needed, the court may
grant, taking into consideration the custody status of the minor, up to an additional 30 days to
provide the report to the court and counsel. The examiner must provide the report within 60
days from the receipt of the court's order unless, for good cause shown, the court authorizes an
additional period of time to complete the evaluation and provide the report. The report shall
inform the court of the examiner's opinion concerning the competency and the likelihood of the
minor to attain competency within a year. In the alternative, the examiner may inform the court
in writing that additional time is needed to complete the report.
(10) Any statement made by the minor in the course of any competency evaluation,
whether the evaluation is with or without the consent of the minor, any testimony by the
examiner based upon any statement, and any other fruits of the statement may not be admitted
in evidence against the minor in any delinquency or criminal proceeding except on an issue
respecting the mental condition on which the minor has introduced evidence. The evidence
may be admitted, however, where relevant to a determination of the minor's competency.
(11) [
Prior to
] 
Before
 evaluating the minor, examiners shall specifically advise the
minor and the parents or guardian of the limits of confidentiality as provided under Subsection
(10).
(12) When the report is received the court shall set a date for a competency hearing
[
which
] 
that
 shall be held in not less than five and not more than 15 days, unless the court
enlarges the time for good cause.
(13) A minor shall be presumed competent unless the court, by a preponderance of the
evidence, finds the minor not competent to proceed. The burden of proof is upon the
proponent of incompetency to proceed.
(14) (a) Following the hearing, the court shall determine by a preponderance of
evidence whether the minor is:
(i) competent to proceed;
(ii) not competent to proceed with a substantial probability that the minor may attain
competency in the foreseeable future; or
(iii) not competent to proceed without a substantial probability that the minor may
attain competency in the foreseeable future.
(b) If the court enters a finding pursuant to Subsection (14)(a)(i), the court shall
proceed with the delinquency proceedings.
(c) If the court enters a finding pursuant to Subsection (14)(a)(ii), the court shall
proceed consistent with Section 
78A-6-1303
.
(d) If the court enters a finding pursuant to Subsection (14)(a)(iii), the court shall
terminate the competency proceeding, dismiss the delinquency charges without prejudice, and
release the minor from any custody order related to the pending delinquency proceeding, unless
the prosecutor informs the court that commitment proceedings pursuant to Title 62A, Chapter
5, Services for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental
Health Act, will be initiated. These commitment proceedings shall be initiated within seven
days after the court's order, unless the court enlarges the time for good cause shown. The
minor may be ordered to remain in custody until the commitment proceedings have been
concluded.
(15) If the court finds the minor not competent to proceed, its order shall contain
findings addressing each of the factors in Subsection (7).
Section 74. Section 
78A-7-106
 is amended to read:
78A-7-106.
Jurisdiction.
(1) Justice courts have jurisdiction over class B and C misdemeanors, violation of
ordinances, and infractions committed within their territorial jurisdiction by a person 18 years
of age or older.
(2) Except those offenses over which the juvenile court has exclusive jurisdiction,
justice courts have jurisdiction over the following offenses committed within their territorial
jurisdiction by a person who is 16 or 17 years of age:
(a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
Licensing Act; and
(b) class B and C misdemeanor and infraction violations of:
(i) Title 23, Wildlife Resources Code of Utah;
(ii) Title 41, Chapter 1a, Motor Vehicle Act;
(iii) Title 41, Chapter 6a, Traffic Code;
(iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
Operators Act;
(v) Title 41, Chapter 22, Off-Highway Vehicles;
(vi) Title 73, Chapter 18, State Boating Act;
(vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
(viii) Title 73, Chapter 18b, Water Safety; and
(ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
Operators Act.
(3) As used in this section, "the court's jurisdiction" means the territorial jurisdiction of
a justice court.
(4) An offense is committed within the territorial jurisdiction of a justice court if:
(a) conduct constituting an element of the offense or a result constituting an element of
the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
itself unlawful;
(b) either a person committing an offense or a victim of an offense is located within the
court's jurisdiction at the time the offense is committed;
(c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
within the court's jurisdiction;
(d) a person commits any act constituting an element of an inchoate offense within the
court's jurisdiction, including an agreement in a conspiracy;
(e) a person solicits, aids, or abets, or attempts to solicit, aid, or abet another person in
the planning or commission of an offense within the court's jurisdiction;
(f) the investigation of the offense does not readily indicate in which court's
jurisdiction the offense occurred, and:
(i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
passing within the court's jurisdiction;
(ii) (A) the offense is committed on or in any body of water bordering on or within this
state if the territorial limits of the justice court are adjacent to the body of water; and
(B) as used in Subsection (5)(f)(ii)(A), "body of water" includes any stream, river, lake,
or reservoir, whether natural or man-made;
(iii) a person who commits theft exercises control over the affected property within the
court's jurisdiction; or
(iv) the offense is committed on or near the boundary of the court's jurisdiction;
(g) the offense consists of an unlawful communication that was initiated or received
within the court's jurisdiction; or
(h) jurisdiction is otherwise specifically provided by law.
(5) A justice court judge may transfer a criminal matter in which the defendant is a
child to the juvenile court for further proceedings if the justice court judge determines and the
juvenile court concurs that the best interests of the minor would be served by the continuing
jurisdiction of the juvenile court
, subject to Section 
78A-6-602
.
(6) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8,
Small Claims Courts, if a defendant resides in or the debt arose within the territorial
jurisdiction of the justice court.
Section 75. 
Effective date.
(1) Except as provided in Subsections (2) and (3), this bill takes effect on May 9, 2017.
(2) The actions affecting the following sections take effect on August 1, 2017:
(a) Section 
53A-1-403
;
(b) Section 
53A-3-402
;
(c) Section 
53A-11-101.7
;
(d) Section 
53A-11-103
;
(e) Section 
53A-11-105
;
(f) Section 
53A-11-403
;
(g) Section 
53A-11-901
;
(h) Section 
53A-11-908
;
(i) Section 
53A-11-910
;
(j) Section 
53A-11-911
;
(k) Section 
53A-11-1302
;
(l) Section 
53A-11-1604
;
(m) Section 
58-37-8
;
(n) Section 
58-37a-7
;
(o) Section 
58-37b-9
;
(p) Section 
62A-4a-105
;
(q) Section 
62A-4a-201
;
(r) Section 
62A-4a-202
;
(s) Section 
62A-4a-208
;
(t) Section 
62A-4a-250
;
(u) Section 
62A-7-101
;
(v) Section 
62A-7-104
;
(w) Section 
62A-7-109.5
;
(x) Section 
62A-7-201
;
(y) Section 
62A-7-501
;
(z) Section 
62A-7-504
;
(aa) Section 
62A-7-506
;
(bb) Section 
62A-7-601
;
(cc) Section 
62A-7-701
;
(dd) Section 
63M-7-208
;
(ee) Section 
76-5-413
;
(ff) Section 
76-10-105
;
(gg) Section 
78A-6-105
;
(hh) Section 
78A-6-106.5
;
(ii) Section 
78A-6-109
;
(jj) Section 
78A-6-111
;
(kk) Section 
78A-6-115
;
(ll) Section 
78A-6-117.5
;
(mm) Section 
78A-6-118
;
(nn) Section 
78A-6-119
;
(oo) Section 
78A-6-302
;
(pp) Section 
78A-6-306
;
(qq) Section 
78A-6-312
;
(rr) Section 
78A-6-401
;
(ss) Section 
78A-6-602
;
(tt) Section 
78A-6-603
;
(uu) Section 
78A-6-604
;
(vv) Section 
78A-6-606
;
(ww) Section 
78A-6-701
;
(xx) Section 
78A-6-1202
;
(yyy) Section 
78A-6-1203
;
(zzz) Section 
78A-6-1302
; and
(aaa) Section 
78A-7-106
.
(3) The actions affecting the following sections take effect on July 1, 2018:
(a) Section 
17-18a-404
;
(b) Section 
32B-4-409;
(c) Section 
32B-4-410
;
(d) Section 
32B-4-411;
(e) Section 
62A-7-107.5
;
(f) Section 
62A-7-202
;
(g) Section 
62A-7-404
;
(h) Section 
63M-7-404
;
(i) Section 
76-9-701
;
(j) Section 
78A-6-103
;
(k) Section 
78A-6-112
;
(l) Section 
78A-6-113
;
(m) Section 
78A-6-117
;
(n) Section 
78A-6-120
;
(o) Section 
78A-6-121
;
(p) Section 
78A-6-123
;
(q) Section 
78A-6-124
; and
(r) Section 
78A-6-1101
.
Section 76. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the language "this bill" in Section
62A-1-111.5
 with the bill's designated chapter number in the Laws of Utah.