| (1) |
A prosecuting attorney shall review a referral to the juvenile court for an offense committed by a minor if:
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Terms Used In Utah Code 80-6-304.5- Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
- Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102
- 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- 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- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: includes intake probation or formal probation. See Utah Code 80-1-102
- 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
- Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
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| (a) |
the prosecuting attorney is requested to review the referral under Section 80-6-303.5; |
| (b) |
the minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment; or |
| (c) |
the minor is not offered or declines a nonjudicial adjustment. |
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| (2) |
Upon review of a referral under Subsection (1), the prosecuting attorney shall:
| (a) |
dismiss the referral; |
| (b) |
send the referral back to the juvenile probation officer for a new attempt at a nonjudicial adjustment if the minor’s case is eligible for a nonjudicial adjustment under Section 80-6-303.5; or |
| (c) |
except as provided in Subsection (5), file a petition with the juvenile court. |
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| (3) |
A prosecuting attorney may only file a petition under Subsection (2)(c) upon reasonable belief that:
| (a) |
the charges are supported by probable cause; |
| (b) |
admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and |
| (c) |
the decision to charge is in the interests of justice. |
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| (4) |
If a minor has substantially complied with the other conditions of a nonjudicial adjustment or conditions imposed through any other court diversion program, the minor’s failure to pay a fine or fee as a condition of the nonjudicial adjustment or program may not serve as a basis for filing of a petition. |
| (5) |
A prosecuting attorney may not file a petition against a minor unless:
| (a) |
the prosecuting attorney has statutory authority to file the petition under Section 80-6-305; and |
| (b) |
| (i) |
the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5; |
| (ii) |
the minor declines a nonjudicial adjustment; |
| (iii) |
the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; or |
| (iv) |
the minor fails to respond to the juvenile probation officer’s inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry. |
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| (6) |
If the prosecuting attorney files a petition in a juvenile court, or a proceeding is commenced against a minor under Section 80-6-302, the juvenile court may refer the case to the juvenile probation officer for another offer of nonjudicial adjustment if the minor is eligible for a nonjudicial adjustment under Section 80-6-303.5. |
Enacted by Chapter 161, 2023 General Session
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