| (1) |
The division shall maintain and operate secure care facilities for the custody and rehabilitation of juvenile offenders:
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Terms Used In Utah Code 80-5-503- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Board: means the Board of Juvenile Court Judges. 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- 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
- Harm: means :
| (a) | physical or developmental injury or damage; |
| (b) | emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; |
| (d) | sexual exploitation. See Utah Code 80-1-102- Juvenile offender: means :
| (a) | a serious youth offender; or |
| (b) | a youth offender. See Utah Code 80-1-102- 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
- 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
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| (a) |
who pose a danger of serious bodily harm to others; |
| (b) |
who cannot be controlled in a less secure setting; or |
| (c) |
who have engaged in a pattern of conduct characterized by persistent and serious criminal offenses that, as demonstrated through the use of other alternatives, cannot be controlled in a less secure setting. |
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| (2) |
| (a) |
The director shall appoint an administrator for each secure care facility. |
| (b) |
An administrator of a secure care facility shall have experience in social work, law, criminology, corrections, or a related field, and in administration. |
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| (3) |
| (a) |
| (i) |
The division, in cooperation with the State Board of Education, shall provide instruction, or make instruction available, to juvenile offenders in secure care facilities. |
| (ii) |
The instruction shall be appropriate to the age, needs, and range of abilities of the juvenile offender. |
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| (b) |
A secure care facility shall:
| (i) |
assess each juvenile offender to determine the juvenile offender’s abilities, possible learning disabilities, interests, attitudes, and other attributes related to appropriate educational programs; and |
| (ii) |
provide prevocational education to juvenile offenders to acquaint juvenile offenders with vocations, and vocational requirements and opportunities. |
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| (4) |
The division shall place juvenile offenders who have been committed to the division for secure care in a secure care facility, operated by the division or by a private entity, that is appropriate to ensure that humane care and rehabilitation opportunities are afforded to the juvenile offender. |
| (5) |
The division shall adopt standards, policies, and procedures for the regulation and operation of secure care facilities, consistent with state and federal law. |
Renumbered and Amended by Chapter 261, 2021 General Session
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