| (1) |
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Terms Used In Utah Code 80-6-303- 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- Detention: means home detention or secure detention. 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- 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.
- 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
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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| (a) |
If while a criminal or quasi-criminal proceeding is pending, a district court or justice court determines that an individual being charged is under 21 years old and was younger than 18 years old at the time of committing the alleged offense, the district court or justice court shall transfer the case to the juvenile court with all the papers, documents, and transcripts of any testimony. |
| (b) |
| (i) |
Notwithstanding Subsection (1)(a), a district court may not transfer an offense that is:
| (A) |
filed in the district court in accordance with Section 80-6-502; or |
| (B) |
transferred to the district court in accordance with Section 80-6-504. |
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| (ii) |
Notwithstanding Subsection (1)(a), a justice court may decline to transfer an offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2). |
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| (2) |
| (a) |
Except as provided in Subsection (2)(b), the district court or justice court making the transfer shall:
| (i) |
order the individual to be taken immediately to the juvenile court or to a place of detention designated by the juvenile court; or |
| (ii) |
release the individual to the custody of the individual’s parent or guardian or other person legally responsible for the individual, to be brought before the juvenile court at a time designated by the juvenile court. |
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| (b) |
If the alleged offense under Subsection (1) occurred before the individual was 12 years old:
| (i) |
the district court or justice court making the transfer shall release the individual to the custody of the individual’s parent or guardian, or other person legally responsible for the individual; |
| (ii) |
the juvenile court shall treat the transfer as a referral under Section 80-6-301; and |
| (iii) |
a juvenile probation officer shall make a preliminary inquiry to determine whether the individual is eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5. |
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| (c) |
If the case is transferred to the juvenile court under this section, the juvenile court shall then proceed in accordance with this chapter. |
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| (3) |
A district court or justice court does not have to transfer a case under Subsection (1) if the district court or justice court would have had jurisdiction over the case at the time the individual committed the offense in accordance with Sections 78A-5-102 and 78A-7-106. |
Amended by Chapter 161, 2023 General Session
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