| (1) |
At the time that a prosecuting attorney files a petition under Section 80-6-305, or a criminal information under Section 80-6-503, for a felony offense alleged to have been committed by a minor who is 14 years old or older, either party may file a motion to extend the juvenile court’s continuing jurisdiction over the minor’s case until the minor is 25 years old if:
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Terms Used In Utah Code 80-6-605- Adult: means an individual who is 18 years old or older. 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- Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. See Utah Code 80-6-102
- 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
- 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.
- 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; |
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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- Person: means :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 |
| (a) |
the minor was the principal actor in the offense; and |
| (b) |
the petition or information alleges 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; |
| (ix) |
Section 76-10-508.1, felony discharge of a firearm; or |
| (x) |
| (A) |
an offense other than the offenses listed in Subsections (1)(b)(i) through (ix) involving the use of a dangerous weapon that would be a felony if committed by an adult; and |
| (B) |
the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon that would have been a felony if committed by an adult. |
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| (2) |
| (a) |
Notwithstanding Subsection (1), either party may file a motion to extend the juvenile court’s continuing jurisdiction after a determination by the juvenile court that the minor will not be bound over to the district court under Section 80-6-504. |
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| (3) |
The juvenile court shall make a determination on a motion under Subsection (1) or (2) at the time of disposition. |
| (4) |
The juvenile court shall extend the continuing jurisdiction over the minor’s case until the minor is 25 years old if the juvenile court finds, by a preponderance of the evidence, that extending continuing jurisdiction is in the best interest of the minor and the public. |
| (5) |
In considering whether it is in the best interest of the minor and the public for the court to extend jurisdiction over the minor’s case until the minor is 25 years old, the juvenile court shall consider and base the juvenile court’s decision on:
| (a) |
whether the protection of the community requires an extension of jurisdiction beyond the age of 21; |
| (b) |
the extent to which the minor’s actions in the offense were committed in an aggressive, violent, premeditated, or willful manner; |
| (c) |
the minor’s mental, physical, educational, trauma, and social history; and |
| (d) |
the criminal record and previous history of the minor. |
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| (6) |
The amount of weight that each factor in Subsection (5) is given is in the juvenile court’s discretion. |
| (7) |
| (a) |
The juvenile court may consider written reports and other materials relating to the minor’s mental, physical, educational, trauma, and social history. |
| (b) |
Upon request by the minor, the minor’s parent, guardian, or other interested party, the juvenile court shall require the person preparing the report or other material to appear and be subject to both direct and cross-examination. |
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| (8) |
A minor may testify under oath, call witnesses, cross-examine witnesses, and present evidence on the factors described in Subsection (5). |
Renumbered and Amended by Chapter 261, 2021 General Session
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