| (1) |
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 80-6-709- 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
- Compensatory service: means service or unpaid work performed by a minor in lieu of the payment of a fine, fee, or restitution. See Utah Code 80-6-102
- Detention: means home detention or secure detention. 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
- 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.
- Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102
- 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- 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
- 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. See Utah Code 80-6-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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- Work program: means the same as that term is defined in Section 80-5-102. See Utah Code 80-6-102
|
| (a) |
If a minor is adjudicated for an offense under Section 80-6-701, the juvenile court may order a minor to:
| (i) |
pay a fine, fee, or other cost; |
| (ii) |
pay restitution in accordance with Section 80-6-710; or |
| (iii) |
complete community or compensatory service hours. |
|
| (b) |
| (i) |
If the juvenile court orders the minor to pay restitution under Subsection (1)(a), a juvenile probation officer may permit the minor to complete a work program in lieu of paying part or all of the restitution by the juvenile court. |
| (ii) |
If the juvenile court orders the minor to complete community or compensatory service hours, a juvenile probation officer may permit the minor to complete a work program to help the minor complete the community or compensatory service hours. |
|
| (c) |
The juvenile court may, through a juvenile probation officer, encourage the development of nonresidential employment or a work program to enable a minor to fulfill the minor’s obligations under Subsection (1)(a). |
| (d) |
Notwithstanding this section, a juvenile court may not place a minor on a ranch, forestry camp, or other residential work program for care or work. |
|
| (2) |
If the juvenile court orders a minor to pay a fine, fee, restitution, or other cost, or to complete community or compensatory service hours, the juvenile court shall consider the dispositions collectively to ensure that an order:
| (b) |
prioritizes restitution; and |
| (c) |
except for restitution as provided in Subsection 80-6-710(5)(c), takes into account the minor’s ability to pay the fine, fee, or other cost within the presumptive period under Section 80-6-712 or Section 80-6-802 if the minor is ordered to secure care. |
|
| (3) |
| (a) |
If the juvenile court orders a minor to pay a fine, fee, or other cost, or complete community or compensatory service hours, the cumulative order shall be limited per criminal episode as follows:
| (i) |
for a minor under 16 years old at the time of adjudication, the juvenile court may impose up to $190 or up to 24 hours of community or compensatory service; and |
| (ii) |
for a minor 16 years old or older at the time of adjudication, the juvenile court may impose up to $280 or up to 36 hours of community or compensatory service. |
|
| (b) |
The cumulative order under Subsection (3)(a) does not include restitution. |
|
| (4) |
| (a) |
If the juvenile court converts a fine, fee, or restitution amount to compensatory service hours, the rate of conversion shall be no less than the minimum wage. |
| (b) |
If the juvenile court orders a minor to complete community service, the presumptive service order shall include between five and 10 hours of service. |
| (c) |
If a minor completes an approved substance use disorder prevention or treatment program or other court-ordered condition, the minor may be credited with compensatory service hours for the completion of the program or condition by the juvenile court. |
|
| (5) |
| (a) |
If a minor commits an offense involving the use of graffiti under Section 76-6-106, 76-6-106.1, or 76-6-206, the juvenile court may order the minor to clean up graffiti created by the minor or any other individual at a time and place within the jurisdiction of the juvenile court. |
| (b) |
The minor may complete the order of the juvenile court under Subsection (5)(a) in the presence and under the direct supervision of the minor’s parent, guardian, or custodian. |
| (c) |
The minor’s parent, guardian, or custodian shall report completion of the order to the juvenile court. |
| (d) |
The juvenile court may also require the minor to perform other alternative forms of restitution or repair to the damaged property in accordance with Section 80-6-710. |
|
| (6) |
| (a) |
Except as provided in Subsection (6)(b), the juvenile court may issue orders necessary for the collection of restitution and fines ordered under this section, including garnishments, wage withholdings, and executions. |
| (b) |
The juvenile court may not issue an order under Subsection (6)(a) if the juvenile court orders a disposition that changes custody of a minor, including detention, secure care, or any other secure or nonsecure residential placement. |
|
| (7) |
Any information necessary to collect unpaid fines, fees, assessments, or restitution may be forwarded to employers, financial institutions, law enforcement, constables, the Office of Recovery Services, or other agencies for purposes of enforcing an order under this section. |
| (8) |
| (a) |
If, before the entry of any order terminating the juvenile court’s continuing jurisdiction over a minor’s case, there remains an unpaid balance for any fine, fee, or restitution ordered by the juvenile court, the juvenile court shall:
| (i) |
record all pertinent information for the unpaid balance in the minor’s file; and |
| (ii) |
if there is an unpaid amount of restitution, record the amount of unpaid restitution as a civil judgment and list the victim, or the estate of the victim, as the judgment creditor in the civil judgment. |
|
| (b) |
The juvenile court may not transfer responsibility to collect unpaid fines, fees, surcharges, and restitution for a minor’s case to the Office of State Debt Collection created in Section 63A-3-502. |
|
Amended by Chapter 111, 2023 General Session
|
|
|
|
