HB 48 — Criminal and Juvenile Justice Changes

Section 77-27-7.1 is amended to read:

77-27-7.1 .

Appointment of counsel or lay representative -- Procedures.

(1) If the board in the board's discretion determines that an offender within the board's jurisdiction is unable, due to physical, mental, or other circumstances, to meaningfully participate in a board hearing or other board proceeding, the board may appoint, at the board's own expense, legal counsel or a lay representative to assist the offender.

(2) If a prosecuting attorney brings a motion under Subsection 80-6-507(7) to have the board review the status of a minor who is provisionally housed in a secure care facility, as defined in Section 80-1-102, and the board agrees to review the status of the minor, the board may appoint counsel to assist the minor, at the board's own expense, before a - 6 - Enrolled Copy H.B.

48 hearing on the motion.

[(2)] (3) The board shall determine the scope of the representation described in Subsection (1) based on a review of the totality of the circumstances.

[(3)] (4) This section does not prevent the board from:

(a) appointing a licensed mental health professional in accordance with Section 77-27-7;

or (b) otherwise seeking information concerning the offender from the department or another entity.

Section 5.

80-5-102.80-5-102 .

(2)(2)(a) (a) "Adult" means an individual who is 18 years old or older.

- 7 - HB0048 compared with HB0048S05 (9) "Division" means the Division of Juvenile Justice and Youth Services created in Section 80-5-103.

(12)- "Minor7 room"- meansH.B. a secured room where an individual sleeps and uses restroom facilities.

48 Enrolled Copy (12) "Minor room" means a secured room where an individual sleeps and uses restroom facilities.

- 8 - HB0048 compared with HB0048S05 (22) "Temporary homeless youth shelter" means a facility that:

(25) "Work program" means a nonresidential public or private service work project established- and8 administered- byEnrolled theCopy divisionH.B. for juvenile offenders for the purpose of rehabilitation, education, and restitution to victims.

(26)48 (a)established "Youthand services"administered meansby servicesthe provideddivision infor anjuvenile effortoffenders tofor resolvethe familypurpose conflict:of rehabilitation, education, and restitution to victims.

(26)(a) "Youth services" means services provided in an effort to resolve family conflict:

Section 5.6.

80-6-104.80-6-104 .

{(a) {"Diversion" means an agreement between an individual and a prosecuting attorney or juvenile probation officer that results in the dismissal of charges for an offense before an adjudication or conviction.} } (a) "Diversion" means:

-(i) 9 - HB0048 compared with HB0048S05 {[(a)] (b)} an agreement between an individual and a juvenile probation officer that results in the resolution of a referral for an offense before a petition is filed;

(f)- "School-based9 offense"- meansH.B. {an } any infraction, misdemeanor, or felony offense that {is committed, or allegedly committed, by a minor enrolled in } occurs at school when school is in session {or } , at the location of a school-sponsored activityduring the activity, or on school district transportation, including a school bus.

{(g)48 {"School-basedEnrolled referral"Copy means(f) the"School-based referraloffense" ofmeans aany minorinfraction, undermisdemeanor, Sectionor 53G-8-211felony for a school-based offense tothat anoccurs evidence-basedat alternativeschool interventionwhen orschool foris preventionin andsession, earlyat interventionthe youthlocation services,of or to a lawschool-sponsored enforcementactivity officerduring orthe agencyactivity, or a court, within six months, one year, two years, and three years after the day on which:}school }district (i){(g)}transportation, {theincluding } "School-based referral" means the referral of a minorschool {wasbus. referred } under Section 53G-8-211 for a school-based offense{;} .

(g) "School-based referral" means the referral of a minor under Section 53G-8-211 for a school-based offense.

(ii){(i)}(i) the {minor } individual accepted a nonjudicial adjustment for a school-based offense;

or (iii){(ii)}(ii) the juvenile court ordered a disposition for {a school-based offense } the individual resulting in secure care, community-based placement, formal probation, or intake probationprobation. {for the minor} .

[(c)] (h){(i)}(i) "School is in session" means the same as that term is defined in Section 53E-3-516.

[(d)] (i){(j)}(j) "School-sponsored activity" means the same as that term is defined in Section 53E-3-516.

- 10 - HB0048 compared with HB0048S05 (2) Before July 1 of each year, the Administrative Office of the Courts shall submit the following data to the State Commission on Criminal and Juvenile Justice, broken down by judicial district, for the preceding calendar year:

(iii) whether the minor is a restricted person under Subsection 76-11-302(4) or 76-11-303(4);- 10 - Enrolled Copy H.B.

48 76-11-303(4);

- 11 - HB0048 compared with HB0048S05 (a) the length of time that minors spend in the juvenile justice system, including the total amount of time minors spend under juvenile court jurisdiction, on community supervision, and in each out-of-out-of-home home placement;

(c)(d)(d) school-based referrals;

[(c)] (d){(e)}(e) changes in aggregate risk levels from the time minors receive services, are under supervision, and are in out-of-home placement;

and [(d)] (e){(f)}(f) dosages of programming.

(6) After submitting the written report described in Subsection (5), the State Commission on- Criminal11 and- JuvenileH.B. Justice may supplement the report at a later time with updated data and information the State Board of Education collects under Section 53E-3-516.

48 Enrolled Copy on Criminal and Juvenile Justice may supplement the report at a later time with updated data and information the State Board of Education collects under Section 53E-3-516.

{SectionSection 6.7.

Section 80-6-205 is amended to read:

} 80-6-205.

Admission to detention -- Rights of a minor in detention.

(1) If a minor is taken to a detention facility under Section 80-6-203, a designated staff member of the detention facility shall immediately review the form and determine, based on the results of the detention risk assessment tool and Subsection (2), whether to:

(a) admit the minor to secure detention;

(b) admit the minor to home detention;

- 12 - HB0048 compared with HB0048S05 (c) place the minor in an alternative to detention[, except that the staff member may not place the minor in a correctional facility that is intended to hold adults accused or convicted of offenses as an alternative to detention];

or (d) if the minor is a child, return the minor home upon a written promise by the minor's parent, guardian, or custodian to bring the minor to the juvenile court at a time set or without restriction.

(2) The designated staff member may not admit a minor to detention under Subsection (1) unless:

(a) the minor is detainable based on the detention guidelines;

or (b) the minor has been brought to detention in accordance with:

(i) a court order;

(ii) a warrant described in Section 80-6-202;

or (iii) a division warrant described in Section 80-6-806.

(3) If the designated staff member determines to admit a minor to home detention, the staff member shall notify the juvenile court of that determination.

(4) Even if a minor is eligible for secure detention, a peace officer or other person who takes a minor to a detention facility, or the designated staff member of the detention facility, may release a minor to a less restrictive alternative than secure detention.

(5) (a) If a minor taken to a detention facility does not qualify for admission under detention guidelines or this section, a designated staff member of the detention facility shall arrange an appropriate alternative, including admitting a minor to a juvenile receiving center or a shelter facility.

(b) (i) Except as otherwise provided by this section, a minor may not be placed or kept in secure detention while court proceedings are pending.

(ii) A child may not be placed or kept in a shelter facility while court proceedings are pending, unless the child is in protective custody in accordance with Chapter 3, Abuse, Neglect, and Dependency Proceedings.

(6) If a minor is taken into temporary custody and admitted to a secure detention, or another alternative to detention, a designated staff member of the detention facility shall:

(a) immediately notify the minor's parent, guardian, or custodian;

and (b) promptly notify the juvenile court of the placement.

- 13 - HB0048 compared with HB0048S05 (7) If a minor is admitted to secure detention, or another alternative to detention, outside the county of the minor's residence and a juvenile court determines, in a detention hearing, that secure detention, or an alternative to detention, of the minor shall continue, the juvenile court shall direct the sheriff of the county of the minor's residence to transport the minor to secure detention or another alternative to detention in that county.

(8) (a) Subject to Subsection (8)(b), a minor admitted to detention has a right to:

(i) phone the minor's parent, guardian, or attorney immediately after the minor is admitted to detention;

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 minor in detention may visit or phone a person described in Subsection (8)(a);

(ii) allow a minor in detention to visit or call persons described in Subsection (8)(a) in special circumstances;

(iii) limit the number and length of calls and visits for a minor in detention to persons described in Subsection (8)(a) on account of scheduling, facility, or personnel constraints;

or (iv) limit the minor's rights described in Subsection (8)(a) if a compelling reason exists to limit the minor's rights.

(c) A minor admitted to detention shall be immediately advised of the minor's rights described in this Subsection (8).

Section 6.

80-6-507.80-6-507 .

[(1)] (2)(2)(a) (a) If the district court determines that probation is not appropriate and commitment to prison is an appropriate sentence when sentencing a minor:

and - 14 - HB0048 compared with HB0048S05 (ii) except as provided in Subsection (3) or (7), the minor shall be provisionally housed in a secure care facility[ ] until the minor reaches 25 years old, unless released earlier from incarceration by the Board of Pardons and Parole.

[(c) The district court shall, as a part of sentencing, order the minor to make restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.] (3) The district court may order a minor to be committed to the physical custody of the Department of Corrections and housed in a correctional facility rather than a secure care facility under Subsection (2)(2)(a)(ii) (a)(ii) if:

{and} (c) the minor is 18 years old or older at the time of sentencing{.}sentencing; ;

and {[(2)} {(a)} } (d) the court determines that the minor would present a security risk to other individuals in a secure care facility.

(a)[(2)(a) The division shall adopt procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor provisionally housed in a secure care facility under Subsection (1) to the physical custody of the Department of Corrections.] [(b) If, in accordance with the rules adopted under Subsection (2)(a), the division determines- that12 housing- theEnrolled minorCopy inH.B. a secure care facility presents an unreasonable risk to others or that it is not in the best interest of the minor, the division shall transfer the physical custody of the minor to the Department of Corrections.] [(3)] (4) (a) When a minor is committed to prison but provisionally housed in a secure care facility [ ]under this section, the district court and the division shall immediately notify the Board of Pardons and Parole so that the minor may be scheduled for a hearing according to board procedures.

(b)48 Ifdetermines athat minorhousing whothe isminor provisionally housed in a secure care facility [presents ]underan thisunreasonable sectionrisk hasto notothers beenor paroledthat orit otherwiseis releasednot fromin incarcerationthe bybest interest of the timeminor, the minordivision reachesshall 25transfer yearsthe old,physical custody of the -minor 15to -the HB0048Department comparedof withCorrections.] HB0048S05[(3)] division(4)(a) shallWhen asa soonminor asis reasonablycommitted possible,to prison but notprovisionally laterhoused thanin whena secure care facility [ ]under this section, the minordistrict reachescourt 25and yearsthe division shall immediately notify the Board of Pardons and monthsParole old,so transferthat the minor tomay thebe physicalscheduled custodyfor ofa thehearing Departmentaccording ofto Corrections.board procedures.

(b) If a minor who is provisionally housed in a secure care facility [ ]under this section has not been paroled or otherwise released from incarceration by the time the minor reaches 25 years old, the division shall as soon as reasonably possible, but not later than when the minor reaches 25 years and 6 months old, transfer the minor to the physical custody of the Department of Corrections.

{(7)(7)(a) {UponUpon a motion by a prosecuting attorney, the Board of Pardons and Parole may:}may: } {(a) {review the status of a minor who is provisionally housed in a secure care facility as described in Subsection (2)(a)(ii);

and}(i) }review {(b) {order that the minorstatus be committed to the physical custody of thea Departmentminor ofwho Correctionsis andprovisionally housed in a correctionalsecure care facility if:}as } {(i) {the minor meets the requirements described in SubsectionsSubsection (3)(a)(2)(a)(ii); through (c);

and} } {(ii) {the Board of Pardons and Parole(ii) findsorder that the commitmentminor andbe transfercommitted isto warranted.}the }physical (8){(7)}custody (a)of The division shall adopt procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the transferDepartment of aCorrections minorand provisionally housed in a securecorrectional care facility asif: described in Subsection (2)(a)(ii).

(b)(A) The division shall transfer the physical custody of a minor tomeets the Departmentrequirements ofdescribed Corrections if, in accordanceSubsections with(3)(a) thethrough rules(c); adopted under Subsection {(8)(a)} (7)(a), the division determines that housing a minor in a secure care facility:

and (B) the Board of Pardons and Parole finds that the commitment and transfer is warranted.

(b) For a motion described in Subsection (7)(a), the board shall appoint counsel for the minor as described in Section 77-27-7.1.

(8)(a) The division shall adopt procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor - 13 - H.B.

48 Enrolled Copy provisionally housed in a secure care facility as described in Subsection (2)(a)(ii).

(b) The division shall transfer the physical custody of a minor to the Department of Corrections if, in accordance with the rules adopted under Subsection (8)(a), the division determines that housing a minor in a secure care facility:

[(6)] (9){(8)}(9) Commitment of a minor under this section is a prison commitment for all sentencing purposes.

{SectionSection 8.

Section 80-6-704 is amended to read:

} 80-6-704.

Detention or alternative to detention -- Limitations.

- 16 - HB0048 compared with HB0048S05 (1) (a) The juvenile court may order a minor to detention, or an alternative to detention, if the minor is adjudicated for:

(i) an offense under Section 80-6-701;

or (ii) contempt of court under Section 78A-6-353.

(b) Except as provided in Subsection 78A-6-353(4), and subject to the juvenile court retaining continuing jurisdiction over a minor's case, the juvenile court may order a minor to detention, or an alternative to detention, under Subsection (1)(a) for a period not to exceed 30 cumulative days for an adjudication.

(c) If a minor is held in detention before an adjudication, the time spent in detention before the adjudication shall be credited toward the 30 cumulative days eligible as a disposition under Subsection (1)(b).

(d) If a minor spent more than 30 days in detention before a disposition, the juvenile court may not order the minor to detention under this section.

(2) An order for detention under Subsection (1) may not be suspended upon conditions ordered by the juvenile court.

(3) A juvenile court may not order a minor to detention for:

(a) contempt of court, except to the extent permitted under Section 78A-6-353;

(b) a violation of probation;

(c) failure to pay a fine, fee, restitution, or other financial obligation;

(d) unfinished compensatory or community service hours;

(e) an infraction;

or (f) a status offense.

[(4) A juvenile court may not order a minor be placed in a correctional facility that is intended to hold adults accused or convicted of offenses as an alternative to detention under Subsection (1).] [(5)] (4) (a) If a minor is held in detention under this section, the minor is eligible to receive credit for good behavior against the period of detention.

(b) The rate of credit is one day of credit for good behavior for every three days spent in detention.

[(6)] (5) (a) A minor may not be held in secure detention following a disposition by the juvenile court:

- 17 - HB0048 compared with HB0048S05 (i) under Chapter 3, Abuse, Neglect, and Dependency Proceedings;

or (ii) except as provided in Subsection [(6)(b)] (5)(b), for a community-based program.

(b) If a minor is awaiting placement by the division under Section 80-6-703, a minor may not be held in secure detention for longer than 72 hours, excluding weekends and holidays.

(c) The period of detention under Subsection [(6)(b)] (5)(b) may be extended by the juvenile court for a cumulative total of seven calendar days if:

(i) the division, or another agency responsible for placement, files a written petition with the juvenile court requesting the extension and setting forth good cause;

and (ii) the juvenile court enters a written finding that it is in the best interests of both the minor and the community to extend the period of detention.

(d) The juvenile court may extend the period of detention beyond the seven calendar days if the juvenile court finds, by clear and convincing evidence, that:

(i) the division, or another agency responsible for placement, does not have space for the minor;

and (ii) the safety of the minor and community requires an extension of the period of detention.

(e) The division, or the agency with custody of the minor, shall report to the juvenile court every hours, excluding weekends and holidays, regarding whether the division, or another agency responsible for placement, has space for the minor.

(f) The division, or agency, requesting an extension shall promptly notify the detention facility that a written petition has been filed.

(g) The juvenile court shall promptly notify the detention facility regarding the juvenile court's initial disposition and any ruling on a petition for an extension, whether granted or denied.

Section 7.

Effective date.

3-4-26 12:21 PM - 1814 -