Utah Code 80-6-808. Appeal regarding parole release or revocation

80-6-808. Appeal regarding parole release or revocation.

(1)	A juvenile offender, or the parent or guardian of a juvenile offender, may appeal to the executive director of the department, or the executive director’s designee, any decision of the authority regarding parole release, rescission, or revocation.

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Terms Used In Utah Code 80-6-808

Abuse: means :

(i)

(A)	nonaccidental harm of a child;

(B)	threatened harm of a child;

(C)	sexual exploitation;

(D)	sexual abuse; or

(E)

human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102

Department: means the Department of Health and Human Services created in Section 26B-1-201. 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

Parole: 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 80-1-102

Remand: When an appellate court sends a case back to a lower court for further proceedings.

Revocation: means a written order of the authority that, after a hearing and determination under Section 80-6-806:

(a)	terminates supervision of a juvenile offender's parole; and

(b)	directs a juvenile offender to return to secure care. See Utah Code 80-6-102
(2)	The executive director, or the executive director’s designee, may set aside or remand the authority’s decision only if the authority’s decision is arbitrary, capricious, an abuse of discretion, or contrary to law.

Renumbered and Amended by Chapter 261, 2021 General Session

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