| (1) |
If a youth offender is ordered to secure care under Section 80-6-705, the youth offender shall remain in secure care until the youth offender is:
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Terms Used In Utah Code 80-6-802- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- 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- Juvenile offender: means :
| (a) | a serious youth offender; or |
| (b) | a youth offender. See Utah Code 80-1-102- Person: means :Utah Code 68-3-12.5
- 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
- Secure care facility: means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. See Utah Code 80-1-102
- Serious youth offender: means an individual who:
| (a) | is at least 14 years old, but under 25 years old; |
| (b) | committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and |
| (c) | is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102- Youth offender: means an individual who is:
| (a) | at least 12 years old, but under 21 years old; and |
| (b) | committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102 |
| (a) |
21 years old; |
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| (2) |
If a serious youth offender is ordered to secure care under Section 80-6-705, the serious youth offender shall remain in secure care until the serious youth offender is:
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| (3) |
| (a) |
Subject to Subsection (3)(b), a juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, has the right to:
| (i) |
phone the juvenile offender’s or individual’s parent, guardian, or attorney; and |
| (ii) |
confer in private, at any time, with an attorney, cleric, parent, guardian, or custodian. |
|
| (b) |
The division may:
| (i) |
establish a schedule for which a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, may visit or phone a person described in Subsection (3)(a); |
| (ii) |
allow a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to visit or call persons described in Subsection (3)(a) in special circumstances; |
| (iii) |
limit the number and length of calls and visits for a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to persons described in Subsection (3)(a) on account of scheduling, facility, or personnel constraints; or |
| (iv) |
limit the juvenile offender’s or individual’s rights under Subsection (3)(a) if a compelling reason exists to limit the juvenile offender’s or individual’s rights. |
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| (c) |
A juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, shall be advised of the rights described in Subsection (3)(a). |
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Amended by Chapter 139, 2023 General Session
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