Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 67 First Substitute (2023GS)

Sponsor

Sen. Pitcher, S.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions regarding the commitment of a juvenile offender to secure care; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

JUVENILE COMMITMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: 
Jordan D. Teuscher
LONG TITLE
General Description:
This bill addresses the commitment of a juvenile offender to secure care.
Highlighted Provisions:
This bill:
▸ amends provisions regarding the commitment of a juvenile offender to secure care;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
80-6-804
, as last amended by Laws of Utah 2022, Chapters 116, 155, 203, 426, and 430
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
80-6-804
 is amended to read:
80-6-804.
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
] 
Except as provided in Subsections (2)(b) and (2)(h), if
 a juvenile offender is
ordered to secure care under Section 
80-6-705
, the authority shall set a presumptive term of
[
commitment
] 
secure care
 for the juvenile offender from three to six months, but the
presumptive term may not exceed six months.
(b) If a juvenile offender is ordered to secure care for a misdemeanor offense, the
authority may immediately release the juvenile offender on parole if there is a treatment
program available for the juvenile offender in a community-based setting.
[
(b)
] 
(c)
 [
The
] 
Except as provided in Subsection (2)(h), the
 authority shall release the
juvenile offender on parole at the end of the presumptive term of [
commitment
] 
secure care
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)
] 
(d)
 The authority shall determine whether a juvenile offender has completed a
treatment program under Subsection [
(2)(b)(i)
] 
(2)(c)(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)
] 
(e)
 [
The
] 
Except as provided in Subsection (2)(h), the
 authority may extend the
length of [
commitment
] 
secure care
 and delay parole release for the time needed to address the
specific circumstance if one of the circumstances under Subsection [
(2)(b)
] 
(2)(c)
 exists.
[
(e)
] 
(f)
 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)
] 
(g)
 Records under Subsection [
(2)(e)
] 
(2)(f)
 shall be tracked in the data system
used by the juvenile court and the division.
(h) If a juvenile offender is ordered to secure care for a misdemeanor offense, the
authority may not:
(i) set a juvenile offender's presumptive term of secure care under Subsection (2)(a)
that would result in a term of secure care that exceeds a term of incarceration for an adult under
Section 
76-3-204
 for the same misdemeanor offense; or
(ii) extend the juvenile offender's term of secure care under Subsections (2)(c) and (e)
if the extension would result in a term of secure care that exceeds the term of incarceration for
an adult under Section 
76-3-204
 for the same misdemeanor offense.
(3) (a) If a juvenile offender is [
committed
] 
ordered
 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:
(i) in the home of a qualifying relative or guardian;
(ii) at an independent living program contracted or operated by the division; or
(iii) in a family-based setting with approval by the director or the director's designee if
the minor does not qualify for an independent living program due to age, disability, or another
reason or the minor cannot be placed with a qualifying relative or guardian.
(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)
] 
(3)(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
] 
ordered
 to
secure care for:
(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
, negligently operating a vehicle resulting in death;
(g) Section 
76-5-207.5
, automobile homicide involving using a wireless
communication device while operating a motor vehicle;
(h) Section 
76-5-208
, child abuse homicide;
(i) Section 
76-5-209
, homicide by assault;
(j) Section 
76-5-302
, aggravated kidnapping;
(k) Section 
76-5-405
, aggravated sexual assault;
(l) a felony violation of Section 
76-6-103
, aggravated arson;
(m) Section 
76-6-203
, aggravated burglary;
(n) Section 
76-6-302
, aggravated robbery;
(o) Section 
76-10-508.1
, felony discharge of a firearm;
(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 
76-1-101.5
, 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 
76-1-101.5
; or
(q) an offense other than an offense listed in Subsections (4)(a) through (p) and the
juvenile offender has been previously [
committed to the division for
] 
ordered to
 secure care.