80-6-102.  Definitions.
     As used in this chapter:

(1)  “Aftercare services” means the same as the term “aftercare” is defined in 45 C.F.R. § 1351.1.

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Terms Used In Utah Code 80-6-102

  • 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
  • Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
  • Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102
  • Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. 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
  • Control: means the same as that term is defined in Section 80-5-102. See Utah Code 80-6-102
  • Detention: means home detention or secure detention. See Utah Code 80-1-102
  • Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
  • Formal referral: means a written report from a peace officer, or other person, informing the juvenile court that:
    (a) an offense committed by a minor is, or appears to be, within the juvenile court's jurisdiction; and
    (b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting attorney. See Utah Code 80-6-102
  • 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.
  • Juvenile offender: means :
    (a) a serious youth offender; or
    (b) a youth offender. See Utah Code 80-1-102
  • Material loss: means an uninsured:
    (a) property loss;
    (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
    (c) lost wages because of an injury, time spent as a witness, or time spent assisting the police or prosecution; or
    (d) medical expense. See Utah Code 80-6-102
  • Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
    (a) a child; or
    (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;
    (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
    (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) 
    (i) the minor; or
    (ii) the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102
  • Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102
  • Person: means :Utah Code 68-3-12.5
  • 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.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • 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
  • 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
    (2)  “Authority” means the Youth Parole Authority created in Section 80-5-701.

    (3)  “Commission” means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.

    (4)  “Compensatory service” means service or unpaid work performed by a minor in lieu of the payment of a fine, fee, or restitution.

    (5)  “Control” means the same as that term is defined in Section 80-5-102.

    (6)  “Detention hearing” means a proceeding under Section 80-6-207 to determine whether a minor should remain in detention.

    (7)  “Detention guidelines” means standards, established by the division in accordance with Subsection 80-5-202(1)(a), for the admission of a minor to detention.

    (8)  “Discharge” means a written order of the authority that removes a juvenile offender from the authority’s jurisdiction.

    (9)  “Division” means the Division of Juvenile Justice Services created in Section 80-5-103.

    (10)  “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.

    (11)  “Formal referral” means a written report from a peace officer, or other person, informing the juvenile court that:

    (a)  an offense committed by a minor is, or appears to be, within the juvenile court’s jurisdiction; and

    (b)  the minor’s case must be reviewed by a juvenile probation officer or a prosecuting attorney.

    (12)  “Material loss” means an uninsured:

    (a)  property loss;

    (b)  out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;

    (c)  lost wages because of an injury, time spent as a witness, or time spent assisting the police or prosecution; or

    (d)  medical expense.

    (13)  “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.

    (14)  “Rescission” means a written order of the authority that rescinds a date for parole.

    (15)  “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.

    (16)  “Revocation” means a written order of the authority that, after a hearing and determination under Section 80-6-806:

    (a)  terminates supervision of a juvenile offender’s parole; and

    (b)  directs a juvenile offender to return to secure care.

    (17)  “Temporary custody” means the control and responsibility of a minor, before an adjudication under Section 80-6-701, until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency.

    (18)  “Termination” means a written order of the authority that terminates a juvenile offender from parole.

    (19) 

    (a)  “Victim” means a person that the juvenile court determines suffered a material loss as a result of a minor’s wrongful act or conduct.

    (b)  “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.

    (20)  “Violent felony” means the same as that term is defined in Section 76-3-203.5.

    (21)  “Work program” means the same as that term is defined in Section 80-5-102.

    (22)  “Youth services” means the same as that term is defined in Section 80-5-102.

    Amended by Chapter 155, 2022 General Session

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