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H.B. 374
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JUVENILE JUSTICE AMENDMENTS
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Blake D. Chard
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AN ACT RELATING TO HUMAN SERVICES; ALLOWING THE DIVISION OF YOUTH
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CORRECTIONS TO ESTABLISH JUVENILE ASSESSMENT CENTERS FOR RISK-NEEDS
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ASSESSMENTS ON NONADJUDICATED YOUTH; REDUCING THE TIME LIMIT FOR
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OBSERVATION AND ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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62A-7-104, as last amended by Chapters 94 and 112, Laws of Utah 1998
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78-3a-118, as last amended by Chapters 34, 94, 274 and 298, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
62A-7-104
is amended to read:
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62A-7-104. Division responsibilities.
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(1) The division is responsible for all youth offenders committed to it by juvenile courts
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for secure confinement or supervision and treatment in the community.
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(2) The division shall establish and maintain all detention and secure facilities and set
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minimum standards for those facilities.
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(3) (a) The division shall, in accordance with Title 63, Chapter 46a, Utah Administrative
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Rulemaking Act, promulgate written statewide rules as guidelines for admission to secure
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detention and home detention.
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(b) The division shall implement those rules as guidelines and provide training regarding
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the implementation of those guidelines to law enforcement agencies, division employees, juvenile
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court employees, and to other affected agencies and individuals upon their request.
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(4) The division shall establish and administer a continuum of community, secure, and
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nonsecure programs for all youth offenders committed to the division.
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(5) The division shall establish and administer Juvenile Receiving Centers, Juvenile
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Assessment Programs, and other programs to provide temporary custody, care, risk-needs
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assessments, evaluations, and control for nonadjudicated youth placed with the division.
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(6) The division shall place youth offenders committed to it in the most appropriate
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program for supervision and treatment.
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(7) The division shall establish and maintain all secure residential facilities.
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(8) In any order committing a youth offender to the division, the juvenile court shall
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specify whether the youth offender is being committed for secure confinement or placement in a
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community-based program. The division shall place the youth offender in the most appropriate
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program within the category specified by the court.
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(9) The division shall employ staff necessary to:
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(a) supervise and control youth offenders in secure facilities or in the community;
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(b) supervise and coordinate treatment of youth offenders committed to the division for
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placement in community-based programs; and
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(c) control and supervise nonadjudicated youth placed with the division for temporary
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services in receiving centers and other programs established by the division.
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(10) The division shall establish observation and assessment programs necessary to serve
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youth offenders committed by the juvenile court for short-term observation under Subsection
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78-3a-118
(2)(e). Whenever possible, those programs shall be conducted in settings separate and
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distinct from secure facilities for youth offenders.
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(11) Youth in the custody or temporary custody of the division are controlled or detained
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in a manner consistent with public safety and rules promulgated by the division. In the event of
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an unauthorized leave from a secure facility, detention center, community-based program,
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receiving center, home, or any other designated placement, division employees have the authority
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and duty to locate and apprehend the youth, or to initiate action with local law enforcement
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agencies for assistance.
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(12) The director of the division shall appoint regional directors within the various juvenile
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court districts. Regional directors shall administer community-based programs, secure facilities,
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other division programs, and shall have experience in corrections, behavioral sciences, law,
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criminology, or related fields, and in administration.
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(13) The division shall establish and operate compensatory-service work programs
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designed to place youth offenders in public or private service work projects for the purpose of
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rehabilitation, education, and restitution to victims.
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(14) The division may establish and operate compensatory-service work programs for
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youth offenders committed to the division by the juvenile court. The compensatory-service work
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program shall:
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(a) provide labor to help in the operation, repair, and maintenance of public facilities,
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parks, highways, and other programs designated by the division;
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(b) provide educational and prevocational programs in cooperation with the State Board
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of Education for youth offenders placed in the program; and
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(c) provide counseling to youth offenders.
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(15) The division shall establish minimum standards for the operation of all private
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residential and nonresidential rehabilitation facilities which provide services to juveniles who have
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committed a delinquent act, in this state or in any other state.
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(16) In accordance with policies established by the board, the division shall provide regular
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training for staff of secure facilities, detention staff, case management staff, and staff of the
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community-based programs.
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(17) The division is authorized to employ special function officers, as defined in Section
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[
53-10-105
]
53-13-105
, to locate and apprehend absconders from division custody, transport
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minors taken into custody pursuant to division policy, investigate cases, and carry out other duties
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as assigned by the division. Special function officers may be employed through contract with the
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Department of Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by
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the division.
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Section 2.
Section
78-3a-118
is amended to read:
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78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
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Enumeration of possible court orders -- Considerations of court.
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(1) (a) When a minor is found to come within the provisions of Section
78-3a-104
, the
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court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
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jurisdiction over the minor. However, in cases within the provisions of Subsection
78-3a-104
(1),
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findings of fact are not necessary.
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(b) If the court adjudicates a minor for a crime of violence or an offense in violation of
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Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to
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the school superintendent of the district in which the minor resides or attends school. Notice shall
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be made to the district superintendent within three days and shall include the specific offenses for
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which the minor was adjudicated.
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(2) Upon adjudication the court may make the following dispositions by court order:
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(a) (i) The court may place the minor on probation or under protective supervision in the
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minor's own home and upon conditions determined by the court, including compensatory service
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as provided in Section
78-11-20.7
.
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(ii) The court may place the minor in state supervision with the probation department of
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the court, under the legal custody of his parent or guardian, the Division of Youth Corrections, or
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the Division of Child and Family Services.
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(iii) If the court orders probation or state supervision, the court shall direct that notice of
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its order be provided to designated persons in the local law enforcement agency and the school or
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transferee school, if applicable, which the minor attends. The designated persons may receive the
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information for purposes of the minor's supervision and student safety.
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(iv) Any employee of the local law enforcement agency and the school which the minor
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attends who discloses the court's order of probation is not:
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(A) civilly liable except when the disclosure constitutes fraud or malice as provided in
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Section
63-30-4
; and
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(B) civilly or criminally liable except when the disclosure constitutes a knowing violation
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of Section
63-2-801
.
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(b) The court may place the minor in the legal custody of a relative or other suitable
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person, with or without probation or protective supervision, but the juvenile court may not assume
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the function of developing foster home services.
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(c) (i) The court may vest legal custody of the minor in the Division of Child and Family
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Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
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Department of Human Services to provide dispositional recommendations and services.
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(ii) For minors who may qualify for services from two or more divisions within the
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Department of Human Services, the court may vest legal custody with the department.
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(iii) Minors who are committed to the custody of the Division of Child and Family
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Services on grounds other than abuse or neglect are subject to the provisions of Title 78, Chapter
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3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter
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4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect. Prior to making a
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recommendation that the court place a minor in the custody of the Division of Child and Family
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Services on grounds other than abuse or neglect, the probation department shall provide the
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division adequate with notice for the division to attend the hearing.
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(d) (i) The court may commit the minor to the Division of Youth Corrections for secure
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confinement.
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(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
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dependency under Subsection
78-3a-104
(1)(c) may not be committed to the Division of Youth
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Corrections.
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(e) The court may commit the minor, subject to the court retaining continuing jurisdiction
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over him, to the temporary custody of the Division of Youth Corrections for observation and
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evaluation for a period not to exceed [90] 45 days.
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(f) (i) The court may commit the minor to a place of detention or an alternative to
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detention for a period not to exceed 30 days subject to the court retaining continuing jurisdiction
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over the minor.
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(ii) Subsection (2)(f) applies only to those minors adjudicated for an act which if
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committed by an adult would be a criminal offense or for contempt of court under Section
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78-3a-901
. This commitment may be stayed or suspended upon conditions ordered by the court.
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(g) The court may vest legal custody of an abused, neglected, or dependent minor in the
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Division of Child and Family Services or any other appropriate person in accordance with the
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requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
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Proceedings.
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(h) The court may place the minor on a ranch or forestry camp, or similar facility for care
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and also for work, if possible, if the person, agency, or association operating the facility has been
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approved or has otherwise complied with all applicable state and local laws. A minor placed in
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a forestry camp or similar facility may be required to work on fire prevention, forestation and
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reforestation, recreational works, forest roads, and on other works on or off the grounds of the
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facility and may be paid wages, subject to the approval of and under conditions set by the court.
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(i) The court may order that the minor be required to repair, replace, or otherwise make
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restitution for damage or loss caused by the minor's wrongful act, including costs of treatment as
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stated in Section
78-3a-318
, and may impose fines in limited amounts.
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(j) The court may issue orders necessary for the collection of restitution and fines ordered
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by the court, including garnishments, wage withholdings, and executions.
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(k) (i) The court may through its probation department encourage the development of
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employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
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and for other purposes considered desirable by the court.
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(ii) Consistent with the order of the court, the probation officer may permit the minor
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found to be within the jurisdiction of the court to participate in a program of work restitution or
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compensatory service in lieu of paying part or all of the fine imposed by the court. The work
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restitution or compensatory service permitted by the probation officer may not affect the amount
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of the surcharge.
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(l) In violations of traffic laws within the court's jurisdiction, the court may, in addition
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to any other disposition, restrain the minor from driving for periods of time the court considers
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necessary and take possession of the minor's driver license. However, proceedings involving an
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offense under Section
78-3a-506
are governed by that section regarding suspension of driving
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privileges.
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(m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
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78-3a-104
because of violating Section
58-37-8
, Title 58, Chapter 37a, Utah Drug Paraphernalia
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Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to
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any fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no
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more than 100 hours, of compensatory service. Satisfactory completion of an approved substance
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abuse prevention or treatment program may be credited by the court as compensatory service
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hours.
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(ii) When a minor is found within the jurisdiction of the juvenile court under Section
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78-3a-104
because of a violation of Section
32A-12-209
or Subsection
76-9-701
(1), the court may,
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upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the
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minor perform a minimum of 20 hours, but no more than 100 hours of compensatory service, in
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addition to any fines or fees otherwise imposed. Satisfactory completion of an approved substance
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abuse prevention or treatment program may be credited by the court as compensatory service
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hours.
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(n) The court may order that the minor be examined or treated by a physician, surgeon,
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psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
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place the minor in a hospital or other suitable facility.
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(o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
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of the minor, and may appoint a public or private institution or agency as guardian in which legal
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custody of the minor is vested.
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(ii) In placing a minor under the guardianship or legal custody of an individual or of a
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private agency or institution, the court shall give primary consideration to the welfare of the minor.
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When practicable, the court may take into consideration the religious preferences of the minor and
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of the minor's parents.
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(p) (i) In support of a decree under Section
78-3a-104
, the court may order reasonable
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conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any
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other person who has been made a party to the proceedings. Conditions may include:
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(A) visitation by the parents or one parent;
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(B) restrictions on the minor's associates;
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(C) restrictions on the minor's occupation and other activities; and
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(D) requirements to be observed by the parents or custodian.
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(ii) A minor whose parents or guardians successfully complete a family or other counseling
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program may be credited by the court for detention, confinement, or probation time.
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(q) The court may order the minor to be placed in the legal custody of the Division of
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Mental Health or committed to the physical custody of a local mental health authority, in
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accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A, Commitment
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of Persons Under Age 18 to Division of Mental Health.
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(r) The court may make an order committing a minor within its jurisdiction to the Utah
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State Developmental Center if the minor has been found mentally retarded in accordance with the
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provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The
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procedure applicable in the district courts with respect to judicial commitments to the Utah State
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Developmental Center shall be followed by the juvenile court in these cases.
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(s) The court may terminate all parental rights upon a finding of compliance with the
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provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
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(t) The court may make any other reasonable orders for the best interest of the minor or
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as required for the protection of the public, except that a person younger than 18 years of age may
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not be committed to jail or prison, and offenses under Section
78-3a-506
are governed by that
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section regarding suspension of driving privileges.
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(u) The court may combine several of the above-listed modes of disposition if they are
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compatible.
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(v) Before depriving any parent of custody, the court shall give due consideration to the
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rights of parents concerning their minors. The court may transfer custody of a minor to another
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person, agency, or institution in accordance with the requirements and procedures of Title 78,
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Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
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(w) Except as provided in Subsection (2)(y)(i), an order under this section for probation
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or placement of a minor with an individual or an agency shall include a date certain for a review
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of the case by the court. A new date shall be set upon each review.
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(x) In reviewing foster home placements, special attention shall be given to making
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adoptable minors available for adoption without delay.
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(y) (i) The juvenile court may enter an order of permanent custody and guardianship with
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a relative or individual of a minor where the court has previously acquired jurisdiction as a result
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of an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
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78-3a-105
(4).
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(ii) Such orders remain in effect until the minor reaches majority and are not subject to
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review under Section
78-3a-119
, but may be modified by petition or motion as provided in Section
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78-3a-903
.
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(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
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permanent orders of custody and guardianship do not expire with a termination of jurisdiction of
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the juvenile court.
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Section 3. Effective date.
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This act takes effect on July 1, 1999.
Legislative Review Note
as of 2-19-99 8:22 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.