| (1) |
A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in:
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Terms Used In Utah Code 80-6-305- 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
- 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- Continuance: Putting off of a hearing ot trial until a later time.
- Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. See Utah Code 80-6-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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- 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- 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 |
| (a) |
Subsection (2); |
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| (2) |
A prosecuting attorney may not file a petition under Subsection (1) against an individual for an offense alleged to have occurred before the individual was 12 years old, unless:
| (a) |
the individual is alleged to have committed a felony violation of:
| (i) |
Section 76-5-103, aggravated assault resulting in serious bodily injury to another; |
| (ii) |
Section 76-5-202, aggravated murder or attempted aggravated murder; |
| (iii) |
Section 76-5-203, murder or attempted murder; |
| (iv) |
Section 76-5-302, aggravated kidnapping; |
| (v) |
Section 76-5-405, aggravated sexual assault; |
| (vi) |
Section 76-6-103, aggravated arson; |
| (vii) |
Section 76-6-203, aggravated burglary; |
| (viii) |
Section 76-6-302, aggravated robbery; or |
| (ix) |
Section 76-10-508.1, felony discharge of a firearm; or |
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| (b) |
an offer for a nonjudicial adjustment is made under Section 80-6-303.5 and the minor:
| (i) |
declines to accept the offer for the nonjudicial adjustment; or |
| (ii) |
fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment. |
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| (3) |
A juvenile court may dismiss a petition under this section at any stage of the proceedings. |
| (4) |
| (a) |
When evidence is presented during any proceeding in a minor’s case that points to material facts not alleged in the petition, the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent. |
| (b) |
The juvenile court, on a motion from any interested party or on the court’s own motion, shall direct that the petition be amended to conform to the evidence. |
| (c) |
If an amended petition under Subsection (4)(b) results in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54. |
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Amended by Chapter 161, 2023 General Session
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