Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 410 First Substitute (2021GS)

Sponsor

Rep. Snow, V. L.

Final action

Bill Failed Review - Returned to House 3/15/2021

Outcome

Bill Failed Review - Returned to House

Summary

What it does

• This bill:
• provides that certain offenses are not subject to the time periods for termination and parole supervision for juvenile offenders;
• requires that a minor who is under the jurisdiction of the district court for an offense be held in a juvenile detention facility;
• requires a minor who is committed to prison by the district court be provisionally housed with the Division of Juvenile Justice Services until the minor is 21 years old;
• amends definitions relating to minors who are adjudicated for certain kidnap or sexual offenses; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

JUVENILE JUSTICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to juvenile justice.
Highlighted Provisions:
This bill:
▸ provides that certain offenses are not subject to the time periods for termination and
parole supervision for juvenile offenders;
▸ requires that a minor who is under the jurisdiction of the district court for an offense
be held in a juvenile detention facility;
▸ requires a minor who is committed to prison by the district court be provisionally
housed with the Division of Juvenile Justice Services until the minor is 21 years
old;
▸ amends definitions relating to minors who are adjudicated for certain kidnap or
sexual offenses; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-7-404.5
, as enacted by Laws of Utah 2020, Chapter 214
77-41-102
, as last amended by Laws of Utah 2020, Chapter 108
78A-6-703.2
, as enacted by Laws of Utah 2020, Chapter 214
78A-6-703.5
, as enacted by Laws of Utah 2020, Chapter 214
78A-6-703.6
, as enacted by Laws of Utah 2020, Chapter 214
78A-6-705
, as last amended by Laws of Utah 2020, Chapter 214
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-7-404.5
 is amended to read:
62A-7-404.5.
Review and termination of commitment.
(1) If a juvenile offender has been committed to a secure facility, the juvenile offender
shall appear before the authority within 45 days after the day on which the juvenile offender is
committed to a secure facility for review of a treatment plan and to establish parole release
guidelines.
(2) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
presumptive term of commitment for the juvenile offender that does not exceed three to six
months.
(b) The authority shall release the juvenile offender on 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 juvenile offender commits a new misdemeanor or felony offense.
(c) The authority shall determine whether a juvenile offender has completed a program
under Subsection (2)(b)(i) by considering the recommendations of the licensed service
provider, the juvenile offender's consistent attendance record, and the juvenile offender's
completion of the goals of the necessary treatment program.
(d) The authority may extend the length of commitment and delay parole release for the
time needed to address the specific circumstance if one of the circumstances under Subsection
(2)(b) exists.
(e) The authority shall:
(i) record the length of the extension and the grounds for the extension; and
(ii) report annually the length and grounds of extension to the commission.
(3) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
presumptive term of parole supervision that does not exceed three to four months.
(b) If the authority determines that a juvenile offender is unable to return home
immediately upon release, the juvenile offender 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 a juvenile offender 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 juvenile offender commits a new misdemeanor or felony offense; or
(iii) restitution has not been completed.
(d) The authority shall determine whether a juvenile offender has completed a program
under Subsection (2)(c) by considering the recommendations of the licensed service provider,
the juvenile offender's consistent attendance record, and the juvenile offender's completion of
the goals of the necessary treatment program.
(e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
parole release only for the time needed to address the specific circumstance.
(f) The authority shall:
(i) record the grounds for extension of the presumptive length of parole and the length
of the extension; and
(ii) report annually the extension and the length of the extension to the commission.
(g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
shall toll until the juvenile offender returns.
(4) Subsections (2) and (3) do not apply to a juvenile offender committed to a secure
facility for [
a felony violation of
]:
(a) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b) Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(c) Section 
76-5-203
, murder or attempted murder;
(d) Section 
76-5-205
, manslaughter;
(e) Section 
75-5-206
, negligent homicide;
(f) Section 
76-5-207
, automobile homicide;
(g) Section 
76-5-207.5
, automobile homicide involving handheld wireless
communication device;
(h) Section 
76-5-208
, child abuse homicide;
(i) Section 
76-5-209
, homicide by assault;
[
(d)
] 
(j)
 Section 
76-5-302
, aggravated kidnapping;
[
(e)
] 
(k)
 Section 
76-5-405
, aggravated sexual assault;
[
(f)
] 
(l) a felony violation of
 Section 
76-6-103
, aggravated arson;
[
(g)
] 
(m)
 Section 
76-6-203
, aggravated burglary;
[
(h)
] 
(n)
 Section 
76-6-302
, aggravated robbery;
[
(i)
] 
(o)
 Section 
76-10-508.1
, felony discharge of a firearm;
[
(j) an offense other than an offense listed in Subsections (4)(a) through (i) involving
the use of a dangerous weapon:
]
[
(i) if the offense would be a felony had an adult committed the offense; and
]
[
(ii) the juvenile offender has been previously adjudicated or convicted of an offense
involving the use of a dangerous weapon that would have been a felony had an adult committed
the offense; or
]
(p) (i) an offense other than an offense listed in Subsections (4)(a) through (o)
involving the use of a dangerous weapon, as defined in Section 
76-1-601
, that is a felony; and
(ii) the juvenile offender has been previously adjudicated or convicted of an offense
involving the use of a dangerous weapon; or
[
(k)
] 
(q)
 an offense other than an offense listed in Subsections (4)(a) through [
(j)
] 
(p)
and the [
minor
] 
juvenile offender
 has been previously committed to the custody of the Division
of Juvenile Justice Services for secure confinement.
(5) (a) The division may continue to have responsibility over a juvenile offender, who
is discharged under this section from parole, to participate in a specific educational or
rehabilitative program:
(i) until the juvenile offender is:
(A) if the juvenile offender is a youth offender, 21 years old; or
(B) if the juvenile offender is a serious youth offender, 25 years old; and
(ii) under an agreement by the division and the juvenile offender that the program has
certain conditions.
(b) The division and the juvenile offender may terminate participation in a program
under Subsection (5)(a) at any time.
(c) The division shall offer an educational or rehabilitative program before a juvenile
offender's discharge date in accordance with this section.
(d) A juvenile offender may request the services described in this Subsection (5), even
if the offender has been previously declined services or services were terminated for
noncompliance.
(e) Notwithstanding Subsection (5)(c), the division:
(i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
services described in this Subsection (5) for up to 365 days after the juvenile offender's
effective date of discharge, even if the juvenile offender has previously declined services or
services were terminated for noncompliance; and
(ii) may reach an agreement with the juvenile offender to provide the services
described in this Subsection (5) until the juvenile offender is:
(A) if the juvenile offender is a youth offender, 21 years old; or
(B) if the juvenile offender is a serious youth offender, 25 years old.
(f) The division and the juvenile offender may terminate an agreement for services
under this Subsection (5) at any time.
Section 2. Section 
77-41-102
 is amended to read:
77-41-102.
Definitions.
As used in this chapter:
(1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in section 
53-10-201
.
(2) "Business day" means a day on which state offices are open for regular business.
(3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
Identification showing that the offender has met the requirements of Section 
77-41-112
.
(4) "Department" means the Department of Corrections.
(5) "Division" means the Division of Juvenile Justice Services.
(6) "Employed" or "carries on a vocation" includes employment that is full time or part
time, whether financially compensated, volunteered, or for the purpose of government or
educational benefit.
(7) "Indian Country" means:
(a) all land within the limits of any Indian reservation under the jurisdiction of the
United States government, regardless of the issuance of any patent, and includes rights-of-way
running through the reservation;
(b) all dependent Indian communities within the borders of the United States whether
within the original or subsequently acquired territory, and whether or not within the limits of a
state; and
(c) all Indian allotments, including the Indian allotments to which the Indian titles have
not been extinguished, including rights-of-way running through the allotments.
(8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
property under the jurisdiction of the United States military, Canada, the United Kingdom,
Australia, or New Zealand.
(9) "Kidnap offender" means any individual other than a natural parent of the victim
who:
(a) has been convicted in this state of a violation of:
(i) Subsection 
76-5-301
(1)(c) or (d), kidnapping;
(ii) Section 
76-5-301.1
, child kidnapping;
(iii) Section 
76-5-302
, aggravated kidnapping;
(iv) Section 
76-5-308
, human trafficking for labor and human smuggling;
(v) Section 
76-5-308
, human smuggling, when the individual smuggled is under 18
years [
of age
] 
old
;
(vi) Section 
76-5-308.5
, human trafficking of a child for labor;
(vii) Section 
76-5-310
, aggravated human trafficking and aggravated human
smuggling, on or after May 10, 2011;
(viii) Section 
76-5-311
, human trafficking of a vulnerable adult for labor; or
(ix) attempting, soliciting, or conspiring to commit any felony offense listed in
Subsections (9)(a)(i) through (iii);
(b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
commit a crime in another jurisdiction, including any state, federal, or military court that is
substantially equivalent to the offenses listed in Subsection (9)(a) and who is:
(i) a Utah resident; or
(ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
10 or more days, regardless of whether or not the offender intends to permanently reside in this
state;
(c) (i) is required to register as a kidnap offender in any other jurisdiction of original
conviction, who is required to register as a kidnap offender by any state, federal, or military
court, or who would be required to register as a kidnap offender if residing in the jurisdiction of
the conviction regardless of the date of the conviction or any previous registration
requirements; and
(ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
whether or not the offender intends to permanently reside in this state;
(d) is a nonresident regularly employed or working in this state, or who is a student in
this state, and was convicted of one or more offenses listed in Subsection (9), or any
substantially equivalent offense in another jurisdiction, or as a result of the conviction, is
required to register in the individual's state of residence;
(e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
one or more offenses listed in Subsection (9); or
(f) is adjudicated delinquent based on one or more offenses listed in Subsection (9)(a)
and who has been committed to the division for secure confinement for that offense and
:
(i) the individual
 remains in the division's custody [
days prior
] 
until 30 days before
[
to
] the individual's 21st birthday[
.
]
; or
(ii) if the juvenile court extended the juvenile court's jurisdiction over the minor under
Section 
78A-6-703.4
, the individual remains in the division's custody until 30 days before the
individual's 25th birthday.
(10) "Natural parent" means a minor's biological or adoptive parent, and includes the
minor's noncustodial parent.
(11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
as defined in Subsection (17).
(12) "Online identifier" or "Internet identifier":
(a) means any electronic mail, chat, instant messenger, social networking, or similar
name used for Internet communication; and
(b) does not include date of birth, social security number, PIN number, or Internet
passwords.
(13) "Primary residence" means the location where the offender regularly resides, even
if the offender intends to move to another location or return to another location at any future
date.
(14) "Register" means to comply with the requirements of this chapter and
administrative rules of the department made under this chapter.
(15) "Registration website" means the Sex and Kidnap Offender Notification and
Registration website described in Section 
77-41-110
 and the information on the website.
(16) "Secondary residence" means any real property that the offender owns or has a
financial interest in, or any location where, in any 12-month period, the offender stays
overnight a total of 10 or more nights when not staying at the offender's primary residence.
(17) "Sex offender" means any individual:
(a) convicted in this state of:
(i) a felony or class A misdemeanor violation of Section 
76-4-401
, enticing a minor;
(ii) Section 
76-5b-202
, sexual exploitation of a vulnerable adult, on or after May 10,
2011;
(iii) Section 
76-5-308
, human trafficking for sexual exploitation;
(iv) Section 
76-5-308.5
, human trafficking of a child for sexual exploitation;
(v) Section 
76-5-310
, aggravated human trafficking for sexual exploitation;
(vi) Section 
76-5-311
, human trafficking of a vulnerable adult for sexual exploitation;
(vii) Section 
76-5-401
, unlawful sexual activity with a minor, except as provided in
Subsection 
76-5-401
(3)(b) or (c);
(viii) Section 
76-5-401.1
, sexual abuse of a minor, except as provided in Subsection
76-5-401.1
(3);
(ix) Section 
76-5-401.2
, unlawful sexual conduct with a 16 or 17 year old;
(x) Section 
76-5-402
, rape;
(xi) Section 
76-5-402.1
, rape of a child;
(xii) Section 
76-5-402.2
, object rape;
(xiii) Section 
76-5-402.3
, object rape of a child;
(xiv) a felony violation of Section 
76-5-403
, forcible sodomy;
(xv) Section 
76-5-403.1
, sodomy on a child;
(xvi) Section 
76-5-404
, forcible sexual abuse;
(xvii) Section 
76-5-404.1
, sexual abuse of a child or aggravated sexual abuse of a
child;
(xviii) Section 
76-5-405
, aggravated sexual assault;
(xix) Section 
76-5-412
, custodial sexual relations, when the individual in custody is
younger than 18 years [
of age
] 
old
, if the offense is committed on or after May 10, 2011;
(xx) Section 
76-5b-201
, sexual exploitation of a minor;
(xxi) Section 
76-5b-204
, sexual extortion or aggravated sexual extortion;
(xxii) Section 
76-7-102
, incest;
(xxiii) Section 
76-9-702
, lewdness, if the individual has been convicted of the offense
four or more times;
(xxiv) Section 
76-9-702.1
, sexual battery, if the individual has been convicted of the
offense four or more times;
(xxv) any combination of convictions of Section 
76-9-702
, lewdness, and of Section
76-9-702.1
, sexual battery, that total four or more convictions;
(xxvi) Section 
76-9-702.5
, lewdness involving a child;
(xxvii) a felony or class A misdemeanor violation of Section 
76-9-702.7
, voyeurism;
(xxviii) Section 
76-10-1306
, aggravated exploitation of prostitution; or
(xxix) attempting, soliciting, or conspiring to commit any felony offense listed in this
Subsection (17)(a);
(b) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
commit a crime in another jurisdiction, including any state, federal, or military court that is
substantially equivalent to the offenses listed in Subsection (17)(a) and who is:
(i) a Utah resident; or
(ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
10 or more days, regardless of whether the offender intends to permanently reside in this state;
(c) (i) who is required to register as a sex offender in any other jurisdiction of original
conviction, who is required to register as a sex offender by any state, federal, or military court,
or who would be required to register as a sex offender if residing in the jurisdiction of the
original conviction regardless of the date of the conviction or any previous registration
requirements; and
(ii) who, in any 12-month period, is in the state for a total of 10 or more days,
regardless of whether or not the offender intends to permanently reside in this state;
(d) who is a nonresident regularly employed or working in this state or who is a student
in this state and was convicted of one or more offenses listed in Subsection (17)(a), or any
substantially equivalent offense in any jurisdiction, or as a result of the conviction, is required
to register in the individual's jurisdiction of residence;
(e) who is found not guilty by reason of insanity in this state, or in any other
jurisdiction of one or more offenses listed in Subsection (17)(a); or
(f) who is adjudicated delinquent based on one or more offenses listed in Subsection
(17)(a) and who has been committed to the division for secure confinement for that offense
and
:
(i) the individual
 remains in the division's custody [
days prior to
] 
until 30 days
before
 the individual's 21st birthday[
.
]
; or
(ii) if the juvenile court extended the juvenile court's jurisdiction over the minor under
Section 
78A-6-703.4
, the individual remains in the division's custody until 30 days before the
individual's 25th birthday.
(18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
Driving Under the Influence and Reckless Driving.
(19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
any jurisdiction.
Section 3. Section 
78A-6-703.2
 is amended to read:
78A-6-703.2.
Criminal information for a minor in district court.
(1) If a prosecuting attorney charges a minor with aggravated murder under Section
76-5-202
 or murder under Section 
76-5-203
, the prosecuting attorney shall file a criminal
information in the district court if the minor was the principal actor in an offense and the
information alleges:
(a) the minor was 16 or 17 years old at the time of the offense; and
(b) the offense for which the minor is being charged is:
(i) Section 
76-5-202
, aggravated murder; or
(ii) Section 
76-5-203
, murder.
(2) If the prosecuting attorney files a criminal information in the district court in
accordance with Subsection (1), the district court shall try the minor as an adult, except:
(a) the minor is not subject to a sentence of death in accordance with Subsection
76-3-206
(2)(b); and
(b) the minor is not subject to a sentence of life without parole in accordance with
Subsection 
76-3-206
(2)(b) or 
76-3-207.5
(3) or Section 
76-3-209
.
(3) 
(a)
 Except for a minor who is subject to the authority of the Board of Pardons and
Parole, a minor shall be held in a juvenile detention facility [
until the district court determines
where the minor will be held until the time of trial if:
]
.
[
(a) the minor is 16 or 17 years old; and
]
[
(b) the minor is arrested for aggravated murder or murder.
]
[
(4) In considering where a minor will be detained until the time of trial, the district
court shall consider:
]
[
(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) the relative ability of the facility to meet the needs of the minor and protect the
public;
]
[
(f) the physical maturity of the minor;
]
[
(g) the current mental state of the minor as evidenced by relevant mental health or a
psychological assessment or screening that is made available to the court; and
]
[
(h) any other factors that the court considers relevant.
]
[
(5)
] 
(b)
 A minor [
ordered to a juvenile detention facility under Subsection (4)
] shall
remain in the facility:
[
(a)
] 
(i)
 until released by the district court; or
[
(b)
] 
(ii)
 if convicted, until sentencing.
[
(6)
] 
(4)
 If a minor is held in a juvenile detention facility under Subsection [
(4)
] 
(3)
, the
court shall:
(a) advise the minor of the right to bail; and
(b) set initial bail in accordance with Title 77, Chapter 20, Bail.
[
(7)
] 
(5)
 If the minor [
ordered to
] 
held in
 a juvenile detention facility under Subsection
[
(4)
] 
(3)
 attains the age of [
years
] 
, the minor shall be transferred within 30 days to an
adult jail until:
(a) released by the district court judge; or
(b) if convicted, sentencing.
[
(8)
] 
(6)
 If a minor is [
ordered to
] 
held in
 a juvenile detention facility under Subsection
[
(4)
] 
(3)
 and the minor's conduct or condition endangers the safety or welfare of others in the
juvenile detention facility, the court may find that the minor shall be detained in another place
of confinement considered appropriate by the court, including a jail or an adult facility for
pretrial confinement.
[
(9)
] 
(7)
 If a minor is charged for aggravated murder or murder in the district court
under this section, and all charges for aggravated murder or murder result in an acquittal, a
finding of not guilty, or a dismissal:
(a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
and
(b) the Division of Juvenile Justice Services gains jurisdiction over the minor.
Section 4. Section 
78A-6-703.5
 is amended to read:
78A-6-703.5.
Preliminary hearing.
(1) If a prosecuting attorney files a criminal information in accordance with Section
78A-6-703.3
, the court shall conduct a preliminary hearing to determine whether a minor
should be bound over to the district court for a qualifying offense.
(2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
the burden of establishing:
(a) probable cause to believe that a qualifying offense was committed and the minor
committed that offense; and
(b) by a preponderance of the evidence, that it is contrary to the best interests of the
minor and the public for the juvenile court to retain jurisdiction over the offense.
(3) In making a determination under Subsection (2)(b), the court shall consider and
make findings on:
(a) the seriousness of the qualifying offense and whether the protection of the
community requires that the minor is detained beyond the amount of time allowed under
Subsection 
78A-6-117
(2)(h), or beyond the age of continuing jurisdiction that the court may
exercise under Section 
78A-6-703.4
;
(b) the extent to which the minor's actions in the qualifying offense were committed in
an aggressive, violent, premeditated, or willful manner;
(c) the minor's mental, physical, educational, trauma, and social history;
(d) the criminal record or history of the minor; and
(e) the likelihood of the minor's rehabilitation by the use of services and facilities that
are available to the court.
(4) The amount of weight that each factor in Subsection (3) is given is in the court's
discretion.
(5) (a) The court may consider any written report or other material that relates to the
minor's mental, physical, educational, trauma, and social history.
(b) Upon request by the minor, the minor's parent, guardian, or other interested party,
the court shall require the person preparing the report, or other material, under Subsection
(5)(a) to appear and be subject to direct and cross-examination.
(6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
call witnesses, cross-examine witnesses, and present evidence on the factors described in
Subsection (3).
(7) (a) A proceeding before the court related to a charge filed under this part shall be
conducted in conformity with the Utah Rules of Juvenile Procedure.
(b) Title 78B, Chapter 22, Indigent Defense Act, and Section 
78A-6-115
 are applicable
to the preliminary hearing under this section.
(8) If the court finds that the prosecuting attorney has met the burden of proof under
Subsection (2), the court shall bind the minor over to the district court to be held for trial.
(9) (a) If the court finds that a qualifying offense has been committed by a minor, but
the prosecuting attorney has not met the burden of proof under Subsection (2)(b), the court
shall:
(i) proceed upon the criminal information as if the information were a petition under
Section 
78A-6-602.5
;
(ii) release or detain the minor in accordance with Section 
78A-6-113
; and
(iii) proceed with an adjudication for the minor in accordance with this chapter.
(b) If the court finds that the prosecuting attorney has not met the burden under
Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file a
motion to extend the court's continuing jurisdiction over the minor's case until the minor is 25
years old in accordance with Section 
78A-6-703.4
.
(10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
criminal information as the qualifying offense if the qualifying offense and separate offense
arise from a single criminal episode.
(b) If the prosecuting attorney charges a minor with a separate offense as described in
Subsection (10)(a):
(i) the prosecuting attorney shall have the burden of establishing probable cause to
believe that the separate offense was committed and the minor committed the separate offense;
and
(ii) if the prosecuting attorney establishes probable cause for the separate offense under
Subsection (10)(b)(i) and the court binds the minor over to the district court for the qualifying
offense, the court shall also bind the minor over for the separate offense to the district court.
(11) If a grand jury indicts a minor for a qualifying offense:
(a) the prosecuting attorney does not need to establish probable cause under Subsection
(2)(a) for the qualifying offense and any separate offense included in the indictment; and
(b) the court shall proceed with determining whether the minor should be bound over
to the district court for the qualifying offense and any separate offense included in the
indictment in accordance with Subsections (2)(b) and (3).
(12) If a minor is bound over to the district court, the court shall:
(a) issue a criminal warrant of arrest 
for the minor to be held in a juvenile detention
facility
;
(b) advise the minor of the right to bail; and
(c) set initial bail in accordance with Title 77, Chapter 20, Bail.
[
(13) (a) At the time that a minor is bound over to the district court, the court shall
make an initial determination on where the minor is held until the time of trial.
]
[
(b) In determining where a minor is held until the time of trial, the court shall
consider:
]
[
(i) the age of the minor;
]
[
(ii) the minor's history of prior criminal acts;
]
[
(iii) whether detention in a juvenile detention facility will adequately serve the need
for community protection pending the outcome of any criminal proceedings;
]
[
(iv) the relative ability of the facility to meet the needs of the minor and protect the
public;
]
[
(v) the physical maturity of the minor;
]
[
(vi) 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
]
[
(vii) any other factors that the court considers relevant.
]
[
(14) If the court orders a minor to be detained in a juvenile detention facility under
Subsection (13), the minor shall remain in the facility:
]
(13) If the court orders the minor to be detained:
(a) the minor shall be held in a juvenile detention facility, except that a minor who is
subject to the authority of the Board of Pardons and Parole may not be held in a juvenile
detention facility; and
(b) the minor shall remain in the juvenile detention facility:
[
(a)
] 
(i)
 until released by a district court; or
[
(b)
] 
(ii)
 if convicted, until sentencing.
[
(15)
] 
(14)
 If the court orders the minor to be detained in a juvenile detention facility
under Subsection (13) and the minor attains the age of [
] 
 while detained at the facility, the
minor shall be transferred within 30 days to an adult jail to remain:
(a) until released by the district court; or
(b) if convicted, until sentencing.
[
(16)
] 
(15)
 Except as provided in Subsection [
(17)
] 
(16)
 and Section 
78A-6-705
, if a
minor is bound over to the district court under this section, the jurisdiction of the Division of
Juvenile Justice Services and the juvenile court over the minor is terminated for the qualifying
offense and any other separate offense for which the minor is bound over.
[
(17)
] 
(16)
 If a minor is bound over to the district court for a qualifying offense and the
qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:
(a) the juvenile court regains jurisdiction over any separate offense committed by the
minor; and
(b) the Division of Juvenile Justice Services regains jurisdiction over the minor.
Section 5. Section 
78A-6-703.6
 is amended to read:
78A-6-703.6.
Criminal proceedings for a minor bound over to district court.
(1) If the juvenile court binds a minor over to the district court in accordance with
Section 
78A-6-703.5
, the prosecuting attorney shall try the minor as if the minor is an adult in
the district court except:
(a) the minor is not subject to a sentence of death in accordance with Subsection
76-3-206
(2)(b); and
(b) the minor is not subject to a sentence of life without parole in accordance with
Subsection 
76-3-206
(2)(b) or 
76-3-207.5
(3) or Section 
76-3-209
.
(2) A minor who is bound over to the district court to answer as an adult is not entitled
to a preliminary hearing in the district court.
[
(3) (a) If a minor is bound over to the district court by the juvenile court, the district
court may reconsider the juvenile court's decision under Subsection 
78A-6-703.5
(13) as to
where the minor is being held until trial.
]
[
(b) If the district court reconsiders the juvenile court's decision as to where the minor
is held, the district court shall consider and make findings on:
]
[
(i) the age of the minor;
]
[
(ii) the minor's history of prior criminal acts;
]
[
(iii) whether detention in a juvenile detention facility will adequately serve the need
for community protection pending the outcome of any criminal proceedings;
]
[
(iv) the relative ability of the facility to meet the needs of the minor and protect the
public;
]
[
(v) the physical maturity of the minor;
]
[
(vi) 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
]
[
(vii) any other factors the court considers relevant.
]
[
(4) A minor who is ordered to a juvenile detention facility under Subsection (3) shall
remain in the facility:
]
[
(a) until released by a district court; or
]
[
(b) if convicted, until sentencing.
]
[
(5) If the district court orders the minor to be detained in a juvenile detention facility
under Subsection (3) and the minor attains the age of 18 while detained at the facility, the
minor shall be transferred within 30 days to an adult jail to remain:
]
[
(a) until released by the district court; or
]
[
(b) if convicted, until sentencing.
]
[
(6)
] 
(3)
 If a minor is bound over to the district court and detained in a juvenile
detention facility, the district court may order the minor be detained in another place of
confinement that is considered appropriate by the district court, including a jail or other place
of pretrial confinement for adults if the minor's conduct or condition endangers the safety and
welfare of others in the facility.
[
(7)
] 
(4)
 If the district court obtains jurisdiction over a minor under Section
78A-6-703.5
, the district court is not divested of jurisdiction for a qualifying offense or a
separate offense listed in the criminal information when the minor is allowed to enter a plea to,
or is found guilty of, another offense in the same criminal information.
Section 6. Section 
78A-6-705
 is amended to read:
78A-6-705.
Youth prison commitment.
[
(1) (a) Before sentencing a minor, who was bound over to the district court under
Section 
78A-6-703.5
 to be tried as an adult, to prison the district court shall request a report
from the Division of Juvenile Justice Services regarding the potential risk to other minors if the
minor were to be committed to the custody of the Division of Juvenile Justice Services.
]
[
(b) The Division of Juvenile Justice Services shall submit the requested report to the
district court as part of the pre-sentence report or as a separate report.
]
[
(2) If, after receiving the report described in Subsection (1),
] 
(1) When sentencing a
minor, if
 the district court determines that probation is not appropriate and commitment to
prison is an appropriate sentence, the district court shall order the minor committed to prison
and the minor shall be provisionally housed in a secure facility operated by the Division of
Juvenile Justice Services until the minor reaches [
] 
 years old, unless released earlier from
incarceration by the Board of Pardons and Parole.
[
(3) The district court may order the minor committed directly to the custody of the
Department of Corrections if the court finds that:
]
[
(a) the minor would present an unreasonable risk to others while in the custody of the
Division of Juvenile Justice Services;
]
[
(b) the minor has previously been committed to a prison for adult offenders; or
]
[
(c) housing the minor in a secure facility operated by the Division of Juvenile Justice
Services would be contrary to the interests of justice.
]
[
(4)
] 
(2)
 (a) The Division of Juvenile Justice Services shall adopt procedures by rule, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the
transfer of a minor provisionally housed in a division facility under Subsection [
(2)
] 
(1)
 to the
physical
 custody of the Department of Corrections.
(b) If, in accordance with the rules adopted under Subsection [
(4)
] 
(2)
(a), the Division
of Juvenile Justice Services determines that housing the minor in a division facility presents an
unreasonable risk to others or that it is not in the best interest of the minor, the Division of
Juvenile Justice Services shall transfer the physical custody of the minor to the Department of
Corrections.
[
(5)
] 
(3)
 (a) When a minor is committed to prison but [
ordered by a district court to be
]
provisionally
 housed in a Division of Juvenile Justice Services facility under this section, the
district court and the Division of Juvenile Justice Services shall immediately notify the Board
of Pardons and Parole so that the minor may be scheduled for a hearing according to board
procedures.
(b) If a minor who is provisionally housed in a Division of Juvenile Justice Services
facility under this section has not been paroled or otherwise released from incarceration by the
time the minor reaches [
] 
 years old, the Division of Juvenile Justice Services shall as soon
as reasonably possible, but not later than when the minor reaches [
] 
 years and 6 months
old, transfer the minor to the physical custody of the Department of Corrections.
[
(6)
] 
(4)
 Upon the commitment of a minor to the custody of the Division of Juvenile
Justice Services or the Department of Corrections under this section, the Board of Pardons and
Parole has authority over the minor for purposes of parole, pardon, commutation, termination
of sentence, remission of fines or forfeitures, orders of restitution, and all other purposes
authorized by law.
[
(7)
] 
(5)
 The Youth Parole Authority [
may
] 
shall:
(a)
 hold hearings, receive reports, or otherwise keep informed of the progress of a
minor in the custody of the Division of Juvenile Justice Services under this section [
and may
]
;
and
(b)
 forward to the Board of Pardons and Parole any information or recommendations
concerning the minor.
[
(8)
] 
(6)
 Commitment of a minor under this section is a prison commitment for all
sentencing purposes.