| (1) |
For a nonjudicial adjustment, the juvenile probation officer may require a minor to:
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Terms Used In Utah Code 80-6-304- Abuse: means :
| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102- 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. See Utah Code 80-1-102- Compensatory service: means service or unpaid work performed by a minor in lieu of the payment of a fine, fee, or restitution. See Utah Code 80-6-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102
- Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
| (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; |
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| (ii) | | (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 in accordance with Subsection 78A-6-103(1)(b); or |
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| (iii) | | (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 in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102- 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) | | (ii) | the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102- Probation: includes intake probation or formal probation. See Utah Code 80-1-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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. See Utah Code 80-1-102- Referral: means a formal referral, a referral to the juvenile court under Section 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under Section 80-6-302. See Utah Code 80-6-102
- Restitution: means money or services that the juvenile court, or a juvenile probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or render to a victim for the minor's wrongful act or conduct. See Utah Code 80-6-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Victim: includes :
| (i) | any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and |
| (ii) | the Utah Office for Victims of Crime. See Utah Code 80-6-102 |
| (a) |
pay a financial penalty of no more than $250 to the juvenile court, subject to the terms established under Subsection (4); |
| (b) |
pay restitution to any victim; |
| (c) |
complete community or compensatory service; |
| (d) |
attend counseling or treatment with an appropriate provider; |
| (e) |
attend substance abuse treatment or counseling; |
| (f) |
comply with specified restrictions on activities or associations; |
| (g) |
attend victim-offender mediation if requested by the victim; and |
| (h) |
comply with any other reasonable action that is in the interest of the minor, the community, or the victim. |
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| (2) |
| (a) |
Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenile probation officer shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral. |
| (b) |
The victim shall be responsible to provide to the juvenile probation officer upon request:
| (i) |
invoices, bills, receipts, and any other evidence of injury, loss of earnings, and out-of-pocket loss; |
| (ii) |
documentation and evidence of compensation or reimbursement from an insurance company or an agency of the state, any other state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and |
| (iii) |
proof of identification, including home and work address and telephone numbers. |
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| (c) |
The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the juvenile probation officer determining restitution based on the best information available. |
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| (3) |
The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt. |
| (4) |
| (a) |
The juvenile probation officer may not deny a minor an offer of a nonjudicial adjustment due to a minor’s inability to pay a financial penalty under Subsection (1). |
| (b) |
The juvenile probation officer shall base a fee, fine, or the restitution for a nonjudicial adjustment under Subsection (1) upon the ability of the minor’s family to pay as determined by a statewide sliding scale developed in accordance with Section 63M-7-208. |
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| (5) |
| (a) |
A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile court judge extends the nonjudicial adjustment for an additional 90 days. |
| (b) |
A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (5)(a):
| (i) |
for a minor who is:
| (A) |
offered a nonjudicial adjustment for a sexual offense under 4, that the minor committed before the minor was 12 years old; or |
| (B) |
referred to a prosecuting attorney for a sexual offense under 4, that the minor committed before the minor was 12 years old; and |
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| (ii) |
the judge determines that:
| (A) |
the nonjudicial adjustment requires specific treatment for the sexual offense; |
| (B) |
the treatment cannot be completed within 180 days after the day on which the minor entered into the nonjudicial adjustment; and |
| (C) |
the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor. |
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| (c) |
If a juvenile court judge extends a minor’s nonjudicial adjustment under Subsection (5)(b), the judge may extend the nonjudicial adjustment until the minor completes the specific treatment, but the judge may only grant each extension for 90 days at a time. |
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| (6) |
If a minor violates Section 76-10-105, the minor may be required to pay a fine or penalty and participate in a court-approved tobacco education program with a participation fee. |
Amended by Chapter 161, 2023 General Session
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