| (1) |
As used in this section:
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 80-6-104- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
- 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- Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. 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 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- 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; |
|
| (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) | | (ii) | the minor and the minor's parent, guardian, or custodian. 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.
- 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
|
| (a) |
“Firearm” means the same as that term is defined in Section 76-10-501. |
| (b) |
“Firearm-related offense” means a criminal offense involving a firearm. |
| (c) |
“School is in session” means the same as that term is defined in Section 53E-3-516. |
| (d) |
“School-sponsored activity” means the same as that term is defined in Section 53E-3-516. |
|
| (2) |
Before July 1 of each year, the Administrative Office of the Courts shall submit the following data to the State Commission on Criminal and Juvenile Justice, broken down by judicial district, for the preceding calendar year:
| (a) |
the number of referrals to the juvenile court; |
| (b) |
the number of minors diverted to a nonjudicial adjustment; |
| (c) |
the number of minors that satisfy the conditions of a nonjudicial adjustment; |
| (d) |
the number of minors for whom a petition for an offense is filed in the juvenile court; |
| (e) |
the number of minors for whom an information is filed in the juvenile court; |
| (f) |
the number of minors bound over to the district court by the juvenile court; |
| (g) |
the number of petitions for offenses committed by minors that were dismissed by the juvenile court; |
| (h) |
the number of adjudications in the juvenile court for offenses committed by minors; |
| (i) |
the number of guilty pleas entered into by minors in the juvenile court; |
| (j) |
the number of dispositions resulting in secure care, community-based placement, formal probation, and intake probation; and |
| (k) |
for each minor charged in the juvenile court with a firearm-related offense:
| (i) |
the minor’s age at the time the offense was committed or allegedly committed; |
| (ii) |
the minor’s zip code at the time that the offense was referred to the juvenile court; |
| (iv) |
the type of offense for which the minor is charged; |
| (v) |
the outcome of the minor’s case in juvenile court, including whether the minor was bound over to the district court or adjudicated by the juvenile court; and |
| (vi) |
if a disposition was entered by the juvenile court, whether the disposition resulted in secure care, community-based placement, formal probation, or intake probation. |
|
|
| (3) |
The State Commission on Criminal and Juvenile Justice shall track the disposition of a case resulting from a firearm-related offense committed, or allegedly committed, by a minor when the minor is found in possession of a firearm while school is in session or during a school-sponsored activity. |
| (4) |
In collaboration with the Administrative Office of the Courts, the division, and other agencies, the State Commission on Criminal and Juvenile Justice shall collect data for the preceding calendar year on:
| (a) |
the length of time that minors spend in the juvenile justice system, including the total amount of time minors spend under juvenile court jurisdiction, on community supervision, and in each out-of-home placement; |
| (b) |
recidivism of minors who are diverted to a nonjudicial adjustment and minors for whom dispositions are ordered by the juvenile court, including tracking minors into the adult corrections system; |
| (c) |
changes in aggregate risk levels from the time minors receive services, are under supervision, and are in out-of-home placement; and |
| (d) |
dosages of programming. |
|
| (5) |
On and before October 1 of each year, the State Commission on Criminal and Juvenile Justice shall prepare and submit a written report to the Judiciary Interim Committee and the Law Enforcement and Criminal Justice Interim Committee that includes:
| (a) |
data collected by the State Commission on Criminal and Juvenile Justice under this section; |
| (b) |
data collected by the State Board of Education under Section 53E-3-516; and |
| (c) |
recommendations for legislative action with respect to the data described in this Subsection (5). |
|
Enacted by Chapter 161, 2023 General Session
|
|
|
|
|
|
|
