Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 1002 First Substitute (2021S1)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 5/28/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• provides that certain offenses are not subject to the presumptive time periods for termination and parole supervision for juvenile offenders;
• amends definitions related to minors who are adjudicated for certain kidnap or sexual offenses;
• 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; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

JUVENILE JUSTICE AMENDMENTS
FIRST SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill amends provisions related to juvenile justice.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that certain offenses are not subject to the presumptive time periods for
termination and parole supervision for juvenile offenders;
▸ amends definitions related to minors who are adjudicated for certain kidnap or
sexual offenses;
▸ 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; and
▸ makes technical and conforming changes.
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:
62A-7-404.5
 (Superseded 09/01/21)
, as enacted by Laws of Utah 2020, Chapter 214
77-41-102
, as last amended by Laws of Utah 2020, Chapter 108
78A-6-105
 (Superseded 09/01/21)
, as last amended by Laws of Utah 2021, Chapter
231
78A-6-703.1
 (Superseded 09/01/21)
, as enacted by Laws of Utah 2020, Chapter 214
78A-6-703.2
 (Superseded 09/01/21)
, as enacted by Laws of Utah 2020, Chapter 214
78A-6-703.5
 (Superseded 09/01/21)
, as enacted by Laws of Utah 2020, Chapter 214
78A-6-703.6
 (Superseded 09/01/21)
, as enacted by Laws of Utah 2020, Chapter 214
78A-6-705
 (Superseded 09/01/21)
, as last amended by Laws of Utah 2020, Chapter
214
80-1-102
 (Effective 09/01/21)
, as last amended by Laws of Utah 2021, Chapter 231 and
renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-501
 (Effective 09/01/21)
, as renumbered and amended by Laws of Utah 2021,
Chapter 261
80-6-502
 (Effective 09/01/21)
, as renumbered and amended by Laws of Utah 2021,
Chapter 261
80-6-504
 (Effective 09/01/21)
, as renumbered and amended by Laws of Utah 2021,
Chapter 261
80-6-505
 (Effective 09/01/21)
, as renumbered and amended by Laws of Utah 2021,
Chapter 261
80-6-507
 (Effective 09/01/21)
, as renumbered and amended by Laws of Utah 2021,
Chapter 261
80-6-804
 (Effective 09/01/21)
, as renumbered and amended by Laws of Utah 2021,
Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-7-404.5 (Superseded 09/01/21)
 is amended to read:
62A-7-404.5 (Superseded 09/01/21).
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 
76-5-206
, negligent homicide;
(f) Section 
76-5-207
, automobile homicide;
(g) Section 
76-5-207.5
, automobile homicide involving a 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, as defined in Section 
76-1-601
; 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) 
who
 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) 
(i) 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 (9)(a)
;
 and
(ii)
 who is:
[
(i)
] 
(A)
 a Utah resident; or
[
(ii)
] 
(B)
 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) 
(A) who
 is required to register as a kidnap offender in any other jurisdiction of
original conviction[
,
]
;
(B)
 who is required to register as a kidnap offender by any state, federal, or military
court[
,
]
;
 or
(C)
 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, 
who
 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) 
(i) (A) who
 is a nonresident regularly employed or working in this state[
,
]
;
 or
(B)
 who is a student in this state[
,
]
;
 and
(ii) (A) who
 was convicted of one or more offenses listed in Subsection (9), or any
substantially equivalent offense in another jurisdiction[
,
]
;
 or
(B)
 as a result of the conviction, 
who
 is required to register in the individual's state 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 (9); or
(f) 
(i) who
 is adjudicated [
delinquent based on
] 
under Section 
78A-6-117
 for
 one or
more offenses listed in Subsection (9)(a)
;
 and
(ii)
 who has been committed to the division for secure confinement for that offense
and
:
(A) the individual
 remains in the division's custody [
days prior to
] 
until 30 days
before
 the individual's 21st birthday
; or
(B) if the juvenile court extended the juvenile court's jurisdiction over the individual
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) 
(i)
 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
(ii)
 who is:
[
(i)
] 
(A)
 a Utah resident; or
[
(ii)
] 
(B)
 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) 
(A)
 who is required to register as a sex offender in any other jurisdiction of
original conviction[
,
]
;
(B)
 who is required to register as a sex offender by any state, federal, or military
court[
,
]
;
 or
(C)
 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) 
(i) (A)
 who is a nonresident regularly employed or working in this state
;
 or
(B)
 who is a student in this state
;
 and
(ii) (A) who
 was convicted of one or more offenses listed in Subsection (17)(a), or any
substantially equivalent offense in any jurisdiction[
,
]
;
 or
(B) who is,
 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) 
(i)
 who is adjudicated [
delinquent based on
] 
under Section 
78A-6-117
 for
 one or
more offenses listed in Subsection (17)(a)
;
 and
(ii)
 who has been committed to the division for secure confinement for that offense
and
:
(A) the individual
 remains in the division's custody [
days prior to
] 
until 30 days
before
 the individual's 21st birthday
; or
(B) if the juvenile court extended the juvenile court's jurisdiction over the individual
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-6-105 (Superseded 09/01/21)
 is amended to read:
78A-6-105 (Superseded 09/01/21).
Definitions.
As used in this chapter:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a 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) "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) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
facts alleged in the petition have been proved.
(b) "Adjudication" does not mean a finding of not competent to proceed in accordance
with Section 
78A-6-1302
.
(4) (a) "Adult" means an individual who is 18 years old or older.
(b) "Adult" does not include an individual:
(i) who is 18 years old or older; and
(ii) whose case is under the continuing jurisdiction of the juvenile court in accordance
with Section 
78A-6-120
.
(5) "Board" means the Board of Juvenile Court Judges.
(6) "Child" means an individual who is under 18 years old.
(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 old, 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.
(13) "Department" means the Department of Human Services created in Section
62A-1-102
.
(14) "Dependent child" includes a child who is homeless or without proper care
through no fault of the child's parent, guardian, or custodian.
(15) "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.
(16) "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 the minor's case is under the continuing jurisdiction of the court.
(17) "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.
(18) "Developmental immaturity" means incomplete development in one or more
domains which manifests as a functional limitation in the minor's present ability to consult with
counsel with a reasonable degree of rational understanding and have a rational as well as
factual understanding of the proceedings.
(19) "Division" means the Division of Child and Family Services.
(20) "Educational neglect" means that, after receiving a notice of compulsory education
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith effort to
ensure that the child receives an appropriate education.
(21) "Educational series" means an evidence-based instructional series:
(a) obtained at a substance abuse program that is approved by the Division of
Substance Abuse and Mental Health in accordance with Section 
62A-15-105
; and
(b) designed to prevent substance use or the onset of a mental health disorder.
(22) "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. 
(23) "Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(24) "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.
(25) "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 the
minor's case must be reviewed by the court's probation department or a prosecuting attorney.
(26) "Group rehabilitation therapy" means psychological and social counseling of one
or more individuals in the group, depending upon the recommendation of the therapist.
(27) "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 individual, agency, or
institution.
(28) "Habitual truant" means the same as that term is defined in Section 
53G-6-201
.
(29) "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.
(30) (a) "Incest" means engaging in sexual intercourse with an individual 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 (30)(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.
(31) "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.
(32) "Intellectual disability" means a significant subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior that constitutes a
substantial limitation to the individual's ability to function in society.
(33) "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.
(34) "Material loss" means an uninsured:
(a) property loss;
(b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
(c) lost wages because of an injury, time spent as a witness, or time spent assisting the
police or prosecution; or
(d) medical expense.
(35) "Mental illness" means:
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b) the same as that term is defined in:
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii) the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(36) "Minor" means
, except as provided in Section 
78A-6-703.1
:
(a) for the purpose of juvenile delinquency:
(i) a child; or
(ii) an individual:
(A) who is at least 18 years old and younger than 25 years old; and
(B) whose case is under the jurisdiction of the juvenile court; and
(b) for all other purposes in this chapter:
(i) a child; or
(ii) an individual:
(A) who is at least 18 years old and younger than 21 years old; and
(B) whose case is under the jurisdiction of the juvenile court.
(37) "Mobile crisis outreach team" means a crisis intervention service for a minor or
the family of a minor experiencing a behavioral health or psychiatric emergency.
(38) "Molestation" means that an individual, with the intent to arouse or gratify the
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in Section
76-5-416
.
(39) (a) "Natural parent" means a minor's biological or adoptive parent.
(b) "Natural parent" includes the minor's noncustodial parent.
(40) (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 or medical care, or any other care necessary for the child's health, safety, morals, or
well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused;
(v) abandonment of a child through an unregulated custody transfer; or
(vi) educational neglect.
(b) "Neglect" does not include:
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii) a health care decision made for a child by the child's parent or guardian, unless the
state or other party to a proceeding shows, by clear and convincing evidence, that the health
care decision is not reasonable and informed;
(iii) a parent or guardian exercising the right described in Section 
78A-6-301.5
; or
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
including:
(A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining in a vehicle unattended, except under the conditions described in
Subsection 
76-10-2202
(2);
(E) remaining at home unattended; or
(F) engaging in a similar independent activity.
(41) "Neglected child" means a child who has been subjected to neglect.
(42) "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.
(43) "Not competent to proceed" means that a minor, due to a mental illness,
intellectual disability or related condition, or developmental immaturity, lacks the ability to:
(a) understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b) consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(44) "Physical abuse" means abuse that results in physical injury or damage to a child.
(45) "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.
(46) "Prosecuting attorney" means:
(a) the attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state.
(47) "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.
(48) (a) "Related condition" means a condition that:
(i) is found to be closely related to intellectual disability;
(ii) results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii) is likely to continue indefinitely; and
(iv) constitutes a substantial limitation to the individual's ability to function in society.
(b) "Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(49) (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" includes the
right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
(50) "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 in accordance with
Subsection 
78A-6-117
(2)(d).
(51) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(52) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(53) "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 described in Subsection (30), including siblings by
marriage while the marriage exists or by adoption;
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years old or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children;
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the individual 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
; or
(d) subjecting a child to participate in or threatening to subject a child to participate in
a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
marriage.
(54) "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 individual; 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 individual; 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 individual who engages in the conduct
is actually charged with, or convicted of, the offense.
(55) "Shelter" means the temporary care of a child in a physically unrestricted facility
pending court disposition or transfer to another jurisdiction.
(56) "Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(57) "Status offense" means a violation of the law that would not be a violation but for
the age of the offender.
(58) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(59) "Substantiated" means the same as that term is defined in Section 
62A-4a-101
.
(60) "Supported" means the same as that term is defined in Section 
62A-4a-101
.
(61) "Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(62) "Therapist" means:
(a) an individual 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 individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(63) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
that the child is at an unreasonable risk of harm or neglect.
(64) "Unregulated custody transfer" means the placement of a child:
(a) with an individual who is not the child's parent, step-parent, grandparent, adult
sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
whom the child is familiar, or a member of the child's federally recognized tribe;
(b) with the intent of severing the child's existing parent-child or guardian-child
relationship; and
(c) without taking:
(i) reasonable steps to ensure the safety of the child and permanency of the placement;
and
(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
guardianship to the individual taking custody of the child.
(65) "Unsupported" means the same as that term is defined in Section 
62A-4a-101
.
(66) "Unsubstantiated" means the same as that term is defined in Section 
62A-4a-101
.
(67) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
(68) (a) "Victim" means a person that the court determines has suffered a material loss
as a result of a minor's wrongful act or conduct.
(b) "Victim" includes the Utah Office for Victims of Crime.
(69) "Without merit" means the same as that term is defined in Section 
62A-4a-101
.
Section 4. Section 
78A-6-703.1 (Superseded 09/01/21)
 is amended to read:
78A-6-703.1 (Superseded 09/01/21).
Definitions.
As used in this part:
(1) "Minor" means:
(a) an individual:
(i) who is at least 18 years old and younger than 25 years old; and
(ii) whose case is under the continuing jurisdiction of the juvenile court; or
(b) an individual:
(i) who is younger than 21 years old;
(ii) who is charged with, or convicted of, an offense under Section 
78A-6-703.2
 or
78A-6-703.3
; and
(iii) whose case is under the jurisdiction of the district court.
[
(1)
] 
(2)
 "Qualifying offense" means an offense described in Subsection
78A-6-703.3
(1) or (2)(b).
[
(2)
] 
(3)
 "Separate offense" means any offense that is not a qualifying offense.
Section 5. Section 
78A-6-703.2 (Superseded 09/01/21)
 is amended to read:
78A-6-703.2 (Superseded 09/01/21).
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
criminal
 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)
] 
held in
a juvenile detention facility under Subsection (3)(a)
 shall remain in the 
juvenile detention
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)(a)
,
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
] 
a minor held in
 a juvenile detention facility under
Subsection [
(4)
] 
(3)(a)
 attains the age of [
] 
 years 
old
, 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)(a)
 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 6. Section 
78A-6-703.5 (Superseded 09/01/21)
 is amended to read:
78A-6-703.5 (Superseded 09/01/21).
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 a minor to be detained until the time of trial:
(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
] 
a minor is held
 in a juvenile
detention facility under Subsection (13) and the minor attains the age of [
] 
years old
 while
detained at [
the
] 
a juvenile detention
 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 7. Section 
78A-6-703.6 (Superseded 09/01/21)
 is amended to read:
78A-6-703.6 (Superseded 09/01/21).
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 
juvenile detention
 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 8. Section 
78A-6-705 (Superseded 09/01/21)
 is amended to read:
78A-6-705 (Superseded 09/01/21).
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[
,
]
:
(a)
 the district court shall order the minor committed to prison
;
 and
(b)
 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
]
(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.
Section 9. Section 
80-1-102 (Effective 09/01/21)
 is amended to read:
80-1-102 (Effective 09/01/21).
Juvenile code definitions.
As used in this title:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a 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) "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) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
facts alleged in the petition have been proved.
(b) "Adjudication" does not mean a finding of not competent to proceed in accordance
with Section 
80-6-402
.
(4) (a) "Adult" means an individual who is 18 years old or older.
(b) "Adult" does not include an individual:
(i) who is 18 years old or older; and
(ii) who is a minor.
(5) "Attorney guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(6) "Board" means the Board of Juvenile Court Judges.
(7) "Child" means an individual who is under 18 years old.
(8) "Child and family plan" means a written agreement between a child's parents or
guardian and the Division of Child and Family Services as described in Section 
62A-4a-205
.
(9) "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 is licensed or approved where such license or approval is required by law.
(10) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(11) "Commit" or "committed" 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 old, to transfer custody.
(12) "Community-based program" means a nonsecure residential or nonresidential
program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
restrictive setting, consistent with public safety, and operated by or under contract with the
Division of Juvenile Justice Services.
(13) "Community placement" means placement of a minor in a community-based
program described in Section 
80-5-402
.
(14) "Correctional facility" means:
(a) a county jail; or
(b) a secure correctional facility as defined in Section 
64-13-1
.
(15) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(16) "Department" means the Department of Human Services created in Section
62A-1-102
.
(17) "Dependent child" or "dependency" means a child who is without proper care
through no fault of the child's parent, guardian, or custodian.
(18) "Deprivation of custody" means transfer of legal custody by the juvenile court
from a parent or a previous custodian to another person, agency, or institution.
(19) "Detention" means home detention or secure detention.
(20) "Detention risk assessment tool" means an evidence-based tool established under
Section 
80-5-203
 that:
(a) assesses a minor's risk of failing to appear in court or reoffending before
adjudication; and
(b) is designed to assist in making a determination of whether a minor shall be held in
detention.
(21) "Developmental immaturity" means incomplete development in one or more
domains that manifests as a functional limitation in the minor's present ability to:
(a) consult with counsel with a reasonable degree of rational understanding; and
(b) have a rational as well as factual understanding of the proceedings.
(22) "Disposition" means an order by a juvenile court, after the adjudication of a
minor, under Section 
80-3-405
 or 
80-4-305
 or Chapter 6, Part 7, Adjudication and Disposition.
(23) "Educational neglect" means that, after receiving a notice of compulsory education
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith effort to
ensure that the child receives an appropriate education.
(24) "Educational series" means an evidence-based instructional series:
(a) obtained at a substance abuse program that is approved by the Division of
Substance Abuse and Mental Health in accordance with Section 
62A-15-105
; and
(b) designed to prevent substance use or the onset of a mental health disorder.
(25) "Emancipated" means the same as that term is defined in Section 
80-7-102
.
(26) "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. 
(27) "Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(28) "Formal probation" means a minor is:
(a) supervised in the community by, and reports to, a juvenile probation officer or an
agency designated by the juvenile court; and
(b) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(29) "Group rehabilitation therapy" means psychological and social counseling of one
or more individuals in the group, depending upon the recommendation of the therapist.
(30) "Guardian" means a person appointed by a court to make decisions regarding a
minor, including 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 individual, agency, or
institution.
(31) "Guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(32) "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.
(33) "Home detention" means placement of a minor:
(a) if prior to a disposition, in the minor's home, or in a surrogate home with the
consent of the minor's parent, guardian, or custodian, under terms and conditions established by
the Division of Juvenile Justice Services or the juvenile court; or
(b) if after a disposition, and in accordance with Section 
78A-6-353
 or 
80-6-704
, in the
minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
custodian, under terms and conditions established by the Division of Juvenile Justice Services
or the juvenile court.
(34) (a) "Incest" means engaging in sexual intercourse with an individual whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
nephew, niece, or first cousin.
(b) "Incest" includes:
(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.
(35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(37) "Indigent defense service provider" means the same as that term is defined in
Section 
78B-22-102
.
(38) "Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(39) "Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(40) (a) "Intake probation" means a minor is:
(i) monitored by a juvenile probation officer; and
(ii) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(b) "Intake probation" does not include formal probation.
(41) "Intellectual disability" means a significant subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior that constitutes a
substantial limitation to the individual's ability to function in society.
(42) "Juvenile offender" means:
(a) a serious youth offender; or
(b) a youth offender.
(43) "Juvenile probation officer" means a probation officer appointed under Section
78A-6-205
.
(44) "Juvenile receiving center" means a nonsecure, nonresidential program established
by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
Justice Services, that is responsible for minors taken into temporary custody under Section
80-6-201
.
(45) "Legal custody" means a relationship embodying:
(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.
(46) "Mental illness" means:
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b) the same as that term is defined in:
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii) the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(47) "Minor" means, except as provided in Sections [
80-6-901
] 
80-6-501
, 
80-6-901
,
and 
80-7-102
:
(a) a child; or
(b) an individual:
(i) (A) who is at least 18 years old and younger than 21 years old; and
(B) for whom the Division of Child and Family Services has been specifically ordered
by the juvenile court to provide services because the individual was an abused, neglected, or
dependent child or because the individual was adjudicated for an offense; or
(ii) (A) who is at least 18 years old and younger than 25 years old; and
(B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
6, Juvenile Justice.
(48) "Mobile crisis outreach team" means the same as that term is defined in Section
62A-15-102
.
(49) "Molestation" means that an individual, with the intent to arouse or gratify the
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in Section
76-5-416
.
(50) (a) "Natural parent" means a minor's biological or adoptive parent.
(b) "Natural parent" includes the minor's noncustodial parent.
(51) (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 or medical care, or any other care necessary for the child's health, safety, morals, or
well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused;
(v) abandonment of a child through an unregulated custody transfer; or
(vi) educational neglect.
(b) "Neglect" does not include:
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii) a health care decision made for a child by the child's parent or guardian, unless the
state or other party to a proceeding shows, by clear and convincing evidence, that the health
care decision is not reasonable and informed;
(iii) a parent or guardian exercising the right described in Section 
80-3-304
; or
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
including:
(A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining in a vehicle unattended, except under the conditions described in
Subsection 
76-10-2202
(2);
(E) remaining at home unattended; or
(F) engaging in a similar independent activity.
(52) "Neglected child" means a child who has been subjected to neglect.
(53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
probation officer, without an adjudication of the minor's case under Section 
80-6-701
, upon the
consent in writing of:
(a) the assigned juvenile probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, legal guardian, or custodian.
(54) "Not competent to proceed" means that a minor, due to a mental illness,
intellectual disability or related condition, or developmental immaturity, lacks the ability to:
(a) understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b) consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(55) "Parole" means a conditional release of a juvenile offender from residency in
secure care to live outside of secure care under the supervision of the Division of Juvenile
Justice Services, or another person designated by the Division of Juvenile Justice Services.
(56) "Physical abuse" means abuse that results in physical injury or damage to a child.
(57) (a) "Probation" means a legal status created by court order, following an
adjudication under Section 
80-6-701
, whereby the minor is permitted to remain in the minor's
home under prescribed conditions.
(b) "Probation" includes intake probation or formal probation.
(58) "Prosecuting attorney" means:
(a) the attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state.
(59) "Protective custody" means the shelter of a child by the Division of Child and
Family Services from the time the child is removed from the home until the earlier of:
(a) the day on which the shelter hearing is held under Section 
80-3-301
; or
(b) the day on which the child is returned home.
(60) "Protective supervision" means a legal status created by court order, following an
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a) the minor is permitted to remain in the minor's home; and
(b) supervision and assistance to correct the abuse, neglect, or dependency is provided
by an agency designated by the juvenile court.
(61) (a) "Related condition" means a condition that:
(i) is found to be closely related to intellectual disability;
(ii) results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii) is likely to continue indefinitely; and
(iv) constitutes a substantial limitation to the individual's ability to function in society.
(b) "Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(62) (a) "Residual parental rights and duties" means the rights and duties remaining
with a 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" includes the
right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
(63) "Runaway" means a child, other than an emancipated child, who willfully leaves
the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
without permission.
(64) "Secure care" means placement of a minor, who is committed to the Division of
Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
minor.
(65) "Secure care facility" means a facility, established in accordance with Section
80-5-503
, for juvenile offenders in secure care.
(66) "Secure detention" means temporary care of a minor who requires secure custody
in a physically restricting facility operated by, or under contract with, the Division of Juvenile
Justice Services:
(a) before disposition of an offense that is alleged to have been committed by the
minor; or
(b) under Section 
80-6-704
.
(67) "Serious youth offender" means an individual who:
(a) is at least 14 years old, but under 25 years old;
(b) committed a felony listed in Subsection 
80-6-503
(1) and the continuing jurisdiction
of the juvenile court was extended over the individual's case until the individual was 25 years
old in accordance with Section 
80-6-605
; and
(c) is committed by the juvenile court to the Division of Juvenile Justice Services for
secure care under Sections 
80-6-703
 and 
80-6-705
.
(68) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(69) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(70) "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 described in Subsection (34), including siblings by
marriage while the marriage exists or by adoption;
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years old or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children;
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the individual 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
; or
(d) subjecting a child to participate in or threatening to subject a child to participate in
a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
marriage.
(71) "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 individual; 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 individual; 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 individual who engages in the conduct
is actually charged with, or convicted of, the offense.
(72) "Shelter" means the temporary care of a child in a physically unrestricted facility
pending a disposition or transfer to another jurisdiction.
(73) "Shelter facility" means the same as that term is defined in Section 
62A-4a-101
.
(74) "Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(75) "Status offense" means an offense that would not be an offense but for the age of
the offender.
(76) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(77) "Substantiated" means the same as that term is defined in Section 
62A-4a-101
.
(78) "Supported" means the same as that term is defined in Section 
62A-4a-101
.
(79) "Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(80) "Therapist" means:
(a) an individual employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in the division's or agency's custody; or
(b) any other individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(81) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
that the child is at an unreasonable risk of harm or neglect.
(82) "Ungovernable" means a child in conflict with a parent or guardian, and the
conflict:
(a) results in behavior that is beyond the control or ability of the child, or the parent or
guardian, to manage effectively;
(b) poses a threat to the safety or well-being of the child, the child's family, or others;
or
(c) results in the situations described in Subsections (82)(a) and (b).
(83) "Unregulated custody transfer" means the placement of a child:
(a) with an individual who is not the child's parent, step-parent, grandparent, adult
sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
whom the child is familiar, or a member of the child's federally recognized tribe;
(b) with the intent of severing the child's existing parent-child or guardian-child
relationship; and
(c) without taking:
(i) reasonable steps to ensure the safety of the child and permanency of the placement;
and
(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
guardianship to the individual taking custody of the child.
(84) "Unsupported" means the same as that term is defined in Section 
62A-4a-101
.
(85) "Unsubstantiated" means the same as that term is defined in Section 
62A-4a-101
.
(86) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
(87) "Without merit" means the same as that term is defined in Section 
62A-4a-101
.
(88) "Youth offender" means an individual who is:
(a) at least 12 years old, but under 21 years old; and
(b) committed by the juvenile court to the Division of Juvenile Justice Services for
secure care under Sections 
80-6-703
 and 
80-6-705
.
Section 10. Section 
80-6-501 (Effective 09/01/21)
 is amended to read:
80-6-501 (Effective 09/01/21).
Definitions.
As used in this part:
(1) "Minor" means:
(a) an individual:
(i) who is at least 18 years old and younger than 25 years old; and
(ii) whose case is under the continuing jurisdiction of the juvenile court; or
(b) an individual:
(i) who is younger than 21 years old;
(ii) who is charged with, or convicted of, an offense under Section 
80-6-502
 or
80-6-503
; and
(iii) whose case is under the jurisdiction of the district court.
[
(1)
] 
(2)
 "Qualifying offense" means an offense described in Subsection 
80-6-503 
(1) or
(2)(b).
[
(2)
] 
(3)
 "Separate offense" means any offense that is not a qualifying offense.
Section 11. Section 
80-6-502 (Effective 09/01/21)
 is amended to read:
80-6-502 (Effective 09/01/21).
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
criminal
 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 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 the minor being detained in a 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 district court; and
]
[
(h) any other factors that the district court considers relevant.
]
[
(5)
] 
(b)
 A minor [
ordered to a detention facility under Subsection (4)
] 
held in a
detention facility under Subsection (3)(a)
 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 detention facility under Subsection [
(4)
] 
(3)(a)
, the
district 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) If the minor ordered to
] 
(5) If a minor held in
 a detention facility under Subsection
[
(4)
] 
(3)(a)
 attains the age of [
] 
 years 
old
, the minor shall be transferred within 30 days to
an adult jail until:
(a) released by the district court; or
(b) if convicted, sentencing.
[
(8)
] 
(6)
 If a minor is [
ordered to
] 
held in
 a detention facility under Subsection [
(4)
]
(3)(a)
 and the minor's conduct or condition endangers the safety or welfare of others in the
detention facility, the district court may find that the minor shall be detained in another place of
confinement considered appropriate by the district 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 gains jurisdiction over the minor.
Section 12. Section 
80-6-504 (Effective 09/01/21)
 is amended to read:
80-6-504 (Effective 09/01/21).
Preliminary hearing -- Grounds for transfer --
Detention of a minor bound over to the district court .
(1) If a prosecuting attorney files a criminal information in accordance with Section
80-6-503 
, the juvenile 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 juvenile 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 
80-6-802
(1) , or beyond the age of continuing jurisdiction that the juvenile court
may exercise under Section 
80-6-605 
;
(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 juvenile court.
(4) The amount of weight that each factor in Subsection (3) is given is in the juvenile
court's discretion.
(5) (a) The juvenile 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 juvenile 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 juvenile court related to a charge filed under this part
shall be conducted in conformity with the Utah Rules of Juvenile Procedure.
(b) Sections 
80-6-602
, 
80-6-603
, and 
80-6-604 
 are applicable to the preliminary
hearing under this section.
(8) If the juvenile court finds that the prosecuting attorney has met the burden of proof
under Subsection (2), the juvenile court shall bind the minor over to the district court to be held
for trial.
(9) (a) If the juvenile 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 juvenile court shall:
(i) proceed upon the criminal information as if the information were a petition under
Section 
80-6-305 
;
(ii) release or detain the minor in accordance with Section 
80-6-207 
; and
(iii) proceed with an adjudication for the minor in accordance with this chapter.
(b) If the juvenile 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 juvenile court's continuing jurisdiction over the minor's case until the
minor is 25 years old in accordance with Section 
80-6-605
.
(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 juvenile court binds the minor over to the district court for the
qualifying offense, the juvenile 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 juvenile 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 juvenile court shall:
(a) issue a criminal warrant of arrest 
for the minor to be held in a 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 juvenile 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 juvenile court shall
consider:
]
[
(i) the age of the minor;
]
[
(ii) the minor's history of prior criminal acts;
]
[
(iii) whether the minor being detained in a 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 juvenile court; and
]
[
(vii) any other factors that the court considers relevant.
]
[
(14) If the juvenile court orders a minor to be detained in a detention facility under
Subsection (13), the minor shall remain in the detention facility:
]
(13) If the juvenile court orders the minor to be detained until the time of trial:
(a) the minor shall be held in a 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 detention facility; and
(b) the minor shall remain in the detention facility:
[
(a)
] 
(i)
 until released by a district court; or
[
(b)
] 
(ii)
 if convicted, until sentencing.
[
(15)
] 
(14)
 If [
the juvenile court orders the minor to be detained
] 
a minor is held
 in a
detention facility under Subsection (13) and the minor attains the age of [
] 
years old
 while
detained at the 
detention
 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 
80-6-507
, if a
minor is bound over to the district court under this section, the jurisdiction of the division 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 regains jurisdiction over the minor.
Section 13. Section 
80-6-505 (Effective 09/01/21)
 is amended to read:
80-6-505 (Effective 09/01/21).
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 
80-6-504 
, 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 
80-6-504 
(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 the minor being detained in a detention facility will adequately serve the
need for community protection pending the outcome of any criminal proceedings;
]
[
(iv) the relative ability of the detention 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 district court; and
]
[
(vii) any other factors the district court considers relevant.
]
[
(4) A minor who is ordered to a 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 detention facility under
Subsection (3) and the minor attains the age of 18 while detained at the detention 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 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 detention facility.
[
(7)
] 
(4)
 If the district court obtains jurisdiction over a minor under Section 
80-6-504 
,
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 14. Section 
80-6-507 (Effective 09/01/21)
 is amended to read:
80-6-507 (Effective 09/01/21).
 Commitment of a minor by a district court .
[
(1) (a) Before sentencing a minor, who was bound over to the district court under
Section 
80-6-504 
 to be tried as an adult, to prison, the district court shall request a report from
the division regarding the potential risk to other minors if the minor were to be committed to
the division .
]
[
(b) The division shall submit the requested report to the district court as part of the
presentence 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[
,
]
:
(a)
 the district court shall order the minor committed to prison
;
 and
(b)
 the minor shall be provisionally housed in a secure care facility 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 legal and physical 
custody of the Department of Corrections if the district court finds that:
]
[
(a) the minor would present an unreasonable risk to others while in the custody of the
division ;
]
[
(b) the minor has previously been committed to a prison for adult offenders; or
]
[
(c) housing the minor in a secure care facility would be contrary to the interests of
justice.
]
[
(4)
] 
(2)
 (a) The division 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 secure care 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
determines that housing the minor in a secure care facility presents an unreasonable risk to
others or that it is not in the best interest of the minor, the division 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 secure care facility under this section, the district court and the
division 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 secure care facility under this section
has not been paroled or otherwise released from incarceration by the time the minor reaches
[
] 
 years old, the division 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 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 authority [
may
] 
shall:
(a)
 hold hearings, receive reports, or otherwise keep informed of the progress of a
minor in the custody of the division under this section
;
 and [
may
]
(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.
Section 15. Section 
80-6-804 (Effective 09/01/21)
 is amended to read:
80-6-804 (Effective 09/01/21).
Review and termination of secure care.
(1) If a juvenile offender is ordered to secure care under Section 
80-6-705
, the juvenile
offender shall appear before the authority within 45 days after the day on which the juvenile
offender is ordered to secure care for review of a treatment plan and to establish parole release
guidelines.
(2) (a) If a juvenile offender is ordered to secure care under Section 
80-6-705
, the
authority shall set a presumptive term of commitment for the juvenile offender from three to
six months, but the presumptive term may not exceed six months.
(b) The authority shall release the juvenile offender on parole at the end of the
presumptive term of commitment unless:
(i) termination would interrupt the completion of a treatment program determined to be
necessary by the results of a validated risk and needs assessment under Section 
80-6-606
; or
(ii) the juvenile offender commits a new misdemeanor or felony offense.
(c) The authority shall determine whether a juvenile offender has completed a
treatment program under Subsection (2)(b)(i) by considering:
(i) the recommendations of the licensed service provider for the treatment program;
(ii) the juvenile offender's record in the treatment program; and
(iii) the juvenile offender's completion of the goals of the 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.
(f) Records under Subsection (2)(e) shall be tracked in the data system used by the
juvenile court and the division.
(3) (a) If a juvenile offender is committed to secure care, the authority shall set a
presumptive term of parole supervision, including aftercare services, from three to four months,
but the presumptive term may not exceed 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 the
authority's jurisdiction at the end of the presumptive term of parole, unless:
(i) termination would interrupt the completion of a treatment program that is
determined to be necessary by the results of a validated risk and needs assessment under
Section 
80-6-606
;
(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
treatment program under Subsection (2)(c)(i) by considering:
(i) the recommendations of the licensed service provider;
(ii) the juvenile offender's record in the treatment program; and
(iii) the juvenile offender's completion of the goals of the 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) Records under Subsection (3)(f) shall be tracked in the data system used by the
juvenile court and the division.
(h) If a juvenile offender leaves parole supervision without authorization for 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 secure
care 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 
76-5-206
, negligent homicide;
(f) Section 
76-5-207
, automobile homicide;
(g) Section 
76-5-207.5
, automobile homicide involving a 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, as defined in Section 
76-1-601
; 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 division for secure
care.
(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 16. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect upon approval by the governor, or the day following
the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
 (2) The changes to the following sections take effect on September 1, 2021:
(a) Section 
80-1-102
 (Effective 09/01/21);
(b) Section 
80-6-501
 (Effective 09/01/21);
(c) Section 
80-6-502
 (Effective 09/01/21);
(d) Section 
80-6-504
 (Effective 09/01/21);
(e) Section 
80-6-505
 (Effective 09/01/21);
(f) Section 
80-6-507
 (Effective 09/01/21); and
(g) Section 
80-6-804
 (Effective 09/01/21).
Section 17. 
Revisor instructions.
The Legislature intends that, on September 1, 2021, the Office of Legislative Research
and General Counsel prepare the Utah Code database for publication by:
(1) replacing "secure confinement" with "secure care, as defined in Section 
80-1-102
,"
in Subsections 
77-41-102
(9)(f)(ii) and (17)(f)(ii);
(2) changing the cross-reference in Subsections 
77-41-102
(9)(f)(i) and (17)(f)(i) from
Section 
78A-6-117
 to Section 
80-6-701
; and
(3) changing the cross-reference in Subsections 
77-41-102
(9)(f)(ii)(B) and
(17)(f)(ii)(B) from Section 
78A-6-703.4
 to Section 
80-6-605
.