| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102Aftercare services: means the same as the term "aftercare" is defined in 45 C. See Utah Code 80-6-102Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 80-6-102Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. See Utah Code 80-6-102Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102Family-based setting: means a home that is licensed to allow a minor to reside at the home, including a foster home, proctor care, or residential care by a professional parent. See Utah Code 80-6-102Guardian: 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 80-1-102Jurisdiction: (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 offender: means :| (a) | a serious youth offender; or |
| (b) | a youth offender. See Utah Code 80-1-102Minor: 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 80-1-102Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102Secure 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 80-1-102Termination: means a written order of the authority that terminates a juvenile offender from parole. See Utah Code 80-6-102Validated risk and needs assessment: means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. See Utah Code 80-1-102 |
| (2) |
| (a) |
Except as provided in Subsections (2)(b) and (2)(h), if a juvenile offender is ordered to secure care under Section 80-6-705, the authority shall set a presumptive term of secure care for the juvenile offender from three to six months, but the presumptive term may not exceed six months. |
| (b) |
If a juvenile offender is ordered to secure care for a misdemeanor offense, the authority may immediately release the juvenile offender on parole if there is a treatment program available for the juvenile offender in a community-based setting. |
| (c) |
Except as provided in Subsection (2)(h), the authority shall release the juvenile offender on parole at the end of the presumptive term of secure care unless:
| (i) |
termination would interrupt the completion of a treatment program determined to be necessary by the results of a validated risk and needs assessment under Section 80-6-606; or |
| (ii) |
the juvenile offender commits a new misdemeanor or felony offense. |
|
| (d) |
The authority shall determine whether a juvenile offender has completed a treatment program under Subsection (2)(c)(i) by considering:
| (i) |
the recommendations of the licensed service provider for the treatment program; |
| (ii) |
the juvenile offender’s record in the treatment program; and |
| (iii) |
the juvenile offender’s completion of the goals of the treatment program. |
|
| (e) |
Except as provided in Subsection (2)(h), the authority may extend the length of secure care and delay parole release for the time needed to address the specific circumstance if one of the circumstances under Subsection (2)(c) exists. |
| (f) |
The authority shall:
| (i) |
record the length of the extension and the grounds for the extension; and |
| (ii) |
report annually the length and grounds of extension to the commission. |
|
| (g) |
Records under Subsection (2)(f) shall be tracked in the data system used by the juvenile court and the division. |
| (h) |
If a juvenile offender is ordered to secure care for a misdemeanor offense, the authority may not:
| (i) |
set a juvenile offender’s presumptive term of secure care under Subsection (2)(a) that would result in a term of secure care that exceeds a term of incarceration for an adult under Section 76-3-204 for the same misdemeanor offense; or |
| (ii) |
extend the juvenile offender’s term of secure care under Subsections (2)(c) and (e) if the extension would result in a term of secure care that exceeds the term of incarceration for an adult under Section 76-3-204 for the same misdemeanor offense. |
|
|
| (3) |
| (a) |
If a juvenile offender is ordered to secure care, the authority shall set a presumptive term of parole supervision, including aftercare services, from three to four months, but the presumptive term may not exceed four months. |
| (b) |
If the authority determines that a juvenile offender is unable to return home immediately upon release, the juvenile offender may serve the term of parole:
| (i) |
in the home of a qualifying relative or guardian; |
| (ii) |
at an independent living program contracted or operated by the division; or |
| (iii) |
in a family-based setting with approval by the director or the director’s designee if the minor does not qualify for an independent living program due to age, disability, or another reason or the minor cannot be placed with a qualifying relative or guardian. |
|
| (c) |
The authority shall release a juvenile offender from parole and terminate the authority’s jurisdiction at the end of the presumptive term of parole, unless:
| (i) |
termination would interrupt the completion of a treatment program that is determined to be necessary by the results of a validated risk and needs assessment under Section 80-6-606; |
| (ii) |
the juvenile offender commits a new misdemeanor or felony offense; or |
| (iii) |
restitution has not been completed. |
|
| (d) |
The authority shall determine whether a juvenile offender has completed a treatment program under Subsection (3)(c)(i) by considering:
| (i) |
the recommendations of the licensed service provider; |
| (ii) |
the juvenile offender’s record in the treatment program; and |
| (iii) |
the juvenile offender’s completion of the goals of the treatment program. |
|
| (e) |
If one of the circumstances under Subsection (3)(c) exists, the authority may delay parole release only for the time needed to address the specific circumstance. |
| (f) |
The authority shall:
| (i) |
record the grounds for extension of the presumptive length of parole and the length of the extension; and |
| (ii) |
report annually the extension and the length of the extension to the commission. |
|
| (g) |
Records under Subsection (3)(f) shall be tracked in the data system used by the juvenile court and the division. |
| (h) |
If a juvenile offender leaves parole supervision without authorization for more than 24 hours, the term of parole shall toll until the juvenile offender returns. |
|
| (4) |
Subsections (2) and (3) do not apply to a juvenile offender ordered to secure care for:
| (a) |
Section 76-5-103, aggravated assault resulting in serious bodily injury to another; |
| (b) |
Section 76-5-202, aggravated murder or attempted aggravated murder; |
| (c) |
Section 76-5-203, murder or attempted murder; |
| (e) |
Section 76-5-206, negligent homicide; |
| (f) |
Section 76-5-207, negligently operating a vehicle resulting in death; |
| (g) |
Section 76-5-207.5, automobile homicide involving using a wireless communication device while operating a motor vehicle; |
| (h) |
Section 76-5-208, child abuse homicide; |
| (i) |
Section 76-5-209, homicide by assault; |
| (j) |
Section 76-5-302, aggravated kidnapping; |
| (k) |
Section 76-5-405, aggravated sexual assault; |
| (l) |
a felony violation of Section 76-6-103, aggravated arson; |
| (m) |
Section 76-6-203, aggravated burglary; |
| (n) |
Section 76-6-302, aggravated robbery; |
| (o) |
Section 76-10-508.1, felony discharge of a firearm; |
| (p) |
| (i) |
an offense other than an offense listed in Subsections (4)(a) through (o) involving the use of a dangerous weapon, as defined in Section 76-1-101.5, that is a felony; and |
| (ii) |
the juvenile offender has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon, as defined in Section 76-1-101.5; or |
|
| (q) |
an offense other than an offense listed in Subsections (4)(a) through (p) and the juvenile offender has been previously ordered to secure care. |
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Amended by Chapter 236, 2023 General Session
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