| (1) |
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules to:
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Terms Used In Utah Code 80-5-202- Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-5-102
- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Detention: means home detention or secure detention. See Utah Code 80-1-102
- Director: means the director of the Division of Juvenile Justice Services. See Utah Code 80-5-102
- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-5-102
- 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 and Youth 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 and Youth Services or the juvenile court. 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- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
- Secure care facility: means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. See Utah Code 80-1-102
- 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 and Youth Services:
| (a) | before disposition of an offense that is alleged to have been committed by the minor; or |
| (b) |
describe good behavior for which credit may be earned under Subsection 80-6-704(4); |
| (c) |
establish a formula, in consultation with the Office of the Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah, Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders with the division; |
| (d) |
establish policies and procedures regarding sexual assaults that occur in detention and secure care facilities; and |
| (e) |
establish the qualifications and conditions for services provided by the division under Section 80-6-809. |
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| (2) |
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules:
| (a) |
that govern the operation of prevention and early intervention programs, youth service programs, juvenile receiving centers, and other programs described in Section 80-5-401; and |
| (b) |
that govern the operation of detention and secure care facilities. |
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| (3) |
A rule made by the division under Subsection (1)(a):
| (a) |
may not permit secure detention based solely on the existence of multiple status offenses, misdemeanors, or infractions arising out of a single criminal episode; and |
| (b) |
shall prioritize use of home detention for a minor who might otherwise be held in secure detention. |
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| (4) |
The rules described in Subsection (1)(d) shall:
| (a) |
require education and training, including:
| (i) |
providing to minors detained in secure care and detention facilities, at intake and periodically, easy-to-understand information, which is developed and approved by the division, on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling; and |
| (ii) |
providing training specific to sexual assault to division mental health professionals and all division employees who have direct contact with minors regarding treatment and methods of prevention and investigation; |
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| (b) |
require reporting of any incident of sexual assault, including:
| (i) |
ensuring the confidentiality of sexual assault reports from minors and the protection of minors who report sexual assault; and |
| (ii) |
prohibiting retaliation and disincentives for reporting sexual assault; |
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| (c) |
require safety and care for minors who report sexual assault, including:
| (i) |
providing, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure the minor’s safety by separating the minor from the minor’s assailant, if known; |
| (ii) |
providing acute trauma care for minors who report sexual assault, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections; |
| (iii) |
providing confidential mental health counseling for minors who report sexual assault, including:
| (A) |
access to outside community groups or victim advocates that have expertise in sexual assault counseling; and |
| (B) |
enabling confidential communication between minors and community groups and victim advocates; and |
|
| (iv) |
monitoring minors who report sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault; |
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| (d) |
require staff reporting of sexual assault and staff discipline for failure to report or for violating sexual assault policies, including:
| (i) |
requiring all division employees to report any knowledge, suspicion, or information regarding an incident of sexual assault to the director or the director’s designee; |
| (ii) |
requiring disciplinary action for a division employee who fails to report as required; and |
| (iii) |
requiring division employees to be subject to disciplinary sanctions up to and including termination for violating agency sexual assault policies, with termination the presumptive disciplinary sanction for division employees who have engaged in sexual assault, consistent with constitutional due process protections and state personnel laws and rules; |
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| (e) |
require that any report of an incident of sexual assault be referred to the Division of Child and Family Services or a law enforcement agency with jurisdiction over the detention or secure care facility in which the alleged sexual assault occurred; and |
| (f) |
require data collection and reporting of all incidents of sexual assault from each detention and secure care facility. |
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| (5) |
The division shall annually report the data described in Section (4)(f) to the Law Enforcement and Criminal Justice Interim Committee. |
Amended by Chapter 139, 2023 General Session
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