| (1) |
If the juvenile court places a minor on probation under Section 80-6-702, the juvenile court shall establish a period of time for supervision for the minor that is:
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Terms Used In Utah Code 80-6-712- 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- Aftercare services: means the same as the term "aftercare" is defined in 45 C. See Utah Code 80-6-102
- Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102
- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. 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
- Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. See Utah Code 80-6-102
- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- Family-based setting: means a home that is licensed to allow a minor to reside at the home, including a foster home, proctor care, or residential care by a professional parent. See Utah Code 80-6-102
- 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. See Utah Code 80-1-102- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
| (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. See Utah Code 80-1-102- 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. See Utah Code 80-1-102- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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- 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.
- 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.
- Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
- Termination: means a written order of the authority that terminates a juvenile offender from parole. See Utah Code 80-6-102
- Validated risk and needs assessment: means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. See Utah Code 80-1-102
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| (a) |
if the minor is placed on intake probation, no more than three months; or |
| (b) |
if the minor is placed on formal probation, from four to six months, but may not exceed six months. |
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| (2) |
| (a) |
If the juvenile court commits a minor to the division under Section 80-6-703, and the minor’s case is under the jurisdiction of the court, the juvenile court shall establish:
| (i) |
for a minor placed out of the home, a period of custody from three to six months, but may not exceed six months; and |
| (ii) |
for aftercare services if the minor was placed out of the home, a period of supervision from three to four months, but may not exceed four months. |
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| (b) |
A minor may be supervised for aftercare services under Subsection (2)(a)(ii):
| (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. |
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| (3) |
If the juvenile court orders a minor to secure care, the authority shall:
| (a) |
have jurisdiction over the minor’s case; and |
| (b) |
apply the provisions of 8. |
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| (4) |
| (a) |
The juvenile court shall terminate continuing jurisdiction over a minor’s case at the end of the time period described in Subsection (1) for probation or Subsection (2) for commitment to the division, unless:
| (i) |
termination would interrupt the completion of the treatment program determined to be necessary by the results of a validated risk and needs assessment under Section 80-6-606; |
| (ii) |
the minor commits a new misdemeanor or felony offense; |
| (iii) |
the minor has not completed community or compensatory service hours; |
| (iv) |
there is an outstanding fine; or |
| (v) |
the minor has not paid restitution in full. |
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| (b) |
The juvenile court shall determine whether a minor has completed a treatment program under Subsection (4)(a)(i) by considering:
| (i) |
the recommendations of the licensed service provider for the treatment program; |
| (ii) |
the minor’s record in the treatment program; and |
| (iii) |
the minor’s completion of the goals of the treatment program. |
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| (5) |
Subject to Subsections (6) and (7), if one of the circumstances under Subsection (4) exists the juvenile court may extend supervision for the time needed to address the specific circumstance. |
| (6) |
If the juvenile court extends supervision solely on the ground that the minor has not yet completed community or compensatory service hours under Subsection (4)(a)(iii), the juvenile court may only extend supervision:
| (a) |
one time for no more than three months; and |
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| (7) |
| (a) |
If the juvenile court extends jurisdiction solely on the ground that the minor has not paid restitution in full as described in Subsection (4)(a)(v):
| (i) |
the juvenile court may only:
| (A) |
extend jurisdiction up to four times for no more than three months at a time; |
| (B) |
consider the efforts of the minor to pay restitution in full when determining whether to extend jurisdiction under Subsection (7)(a)(i); and |
| (C) |
make orders concerning the payment of restitution during the period for which jurisdiction is extended; |
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| (ii) |
the juvenile court shall terminate any intake probation or formal probation of the minor; and |
| (iii) |
a designated staff member of the juvenile court shall submit a report to the juvenile court every three months regarding the minor’s efforts to pay restitution. |
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| (b) |
If the juvenile court finds that a minor is not making an effort to pay restitution, the juvenile court shall:
| (i) |
terminate jurisdiction over the minor’s case; and |
| (ii) |
record the amount of unpaid restitution as a civil judgment in accordance with Subsection 80-6-709(8). |
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| (8) |
If the juvenile court extends supervision or jurisdiction under this section, the grounds for the extension and the length of any extension shall be recorded in the court records and tracked in the data system used by the Administrative Office of the Courts and the division. |
| (9) |
If a minor leaves supervision without authorization for more than 24 hours, the supervision period for the minor shall toll until the minor returns. |
| (10) |
This section does not apply to any minor adjudicated under this chapter 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; |
| (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 (10)(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 minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon; or |
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| (q) |
a felony offense other than an offense listed in Subsections (10)(a) through (p) and the minor has been previously committed to the division for secure care. |
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Amended by Chapter 116, 2022 General Session
Amended by Chapter 155, 2022 General Session
Amended by Chapter 426, 2022 General Session
Amended by Chapter 430, 2022 General Session
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