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S.B. 130
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YOUTH COURT AMENDMENTS
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2002 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David L. Gladwell
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This act modifies the Utah Youth Court Diversion Act. It extends the definition of youth to
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persons 18 years of age but still attending high school and provides for the exercise of
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authority over juveniles under the jurisdiction of the Juvenile Court if the offense is not a
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violation of law.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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78-57-102, as enacted by Chapter 94, Laws of Utah 1999
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78-57-103, as enacted by Chapter 94, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
78-57-102
is amended to read:
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78-57-102. Definitions.
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(1) "Adult" means a person 18 years of age or older.
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(2) "Gang activity" means any criminal activity that is conducted as part of an organized
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youth gang. It includes any criminal activity that is done in concert with other gang members, or
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done alone if it is to fulfill gang purposes. "Gang activity" does not include graffiti.
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(3) "Minor offense" means any unlawful act that is a status offense or would be a class B
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or C misdemeanor, infraction, or violation of a municipal or county ordinance if the youth were
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an adult. "Minor offense" does not include:
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(a) class A misdemeanors;
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(b) felonies of any degree;
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(c) any offenses that are committed as part of gang activity;
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(d) any of the following offenses which would carry mandatory dispositions if referred to
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the juvenile court under Section
78-3a-506
:
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(i) a second violation of Section
32A-12-209
, Unlawful Purchase, Possession or
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Consumption by Minors;
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(ii) a violation of Section
41-6-44
, Driving Under the Influence;
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(iii) a violation of Section
58-37-8
, Controlled Substances Act;
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(iv) a violation of Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
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(v) a violation of Title 58, Chapter 37b, Imitation Controlled Substances Act; or
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(vi) a violation of Section
76-9-701
, Intoxication; or
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(e) any offense where a dangerous weapon, as defined in Subsection
76-1-601
(5), is used
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in the commission of the offense.
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(4) "Sponsoring entity" means any political subdivision of the state, including a school or
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school district, juvenile court, law enforcement agency, prosecutor's office, county, city, or town.
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(5) "Status offense" means a violation of the law that would not be a violation but for the
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age of the offender.
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(6) "Youth" means a person under the age of 18 years or who is 18 but still attending high
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school.
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Section 2.
Section
78-57-103
is amended to read:
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78-57-103. Youth Court -- Authorization -- Referral.
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(1) Youth Court is a diversion program which provides an alternative disposition for cases
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involving juvenile offenders in which youth participants, under the supervision of an adult
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coordinator, may serve in various capacities within the courtroom, acting in the role of jurors,
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lawyers, bailiffs, clerks, and judges.
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(a) Youth who appear before youth courts have been identified by law enforcement
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personnel, school officials, a prosecuting attorney, or the juvenile court as having committed acts
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which indicate a need for intervention to prevent further development toward juvenile delinquency,
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but which appear to be acts that can be appropriately addressed outside the juvenile court process.
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(b) Youth Courts may only hear cases as provided for in this chapter.
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(c) Youth Court is a diversion program and not a court established under the Utah
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Constitution, Article VIII.
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(2) Any person may refer youth to a Youth Court for minor offenses. Once a referral is
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made, the case shall be screened by an adult coordinator to determine whether it qualifies as a
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Youth Court case.
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(3) Youth Courts have authority over youth:
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(a) referred for a minor offense or offenses, or who are granted permission for referral
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under this chapter;
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(b) who, along with a parent, guardian, or legal custodian, voluntarily and in writing,
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request Youth Court involvement;
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(c) who admit having committed the referred offense;
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(d) who, along with a parent, guardian, or legal custodian, waive any privilege against
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self-incrimination and right to a speedy trial; and
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(e) who, along with their parent, guardian, or legal custodian, agree to follow the Youth
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Court disposition of the case.
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(4) Except with permission granted under Subsection (5), Youth Courts may not exercise
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authority over youth who are under the continuing jurisdiction of the juvenile court for law
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violations, including any youth who may have a matter pending which has not yet been
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adjudicated. Youth Courts may, however, exercise authority over youth who are under the
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continuing jurisdiction of the juvenile court as set forth in this Subsection (4) if the offense before
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the Youth Court is not a law violation.
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(5) Youth Courts may exercise authority over youth described in Subsection (4), and over
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any other offense with the permission of the juvenile court and the prosecuting attorney in the
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county or district that would have jurisdiction if the matter were referred to juvenile court.
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(6) Permission of the juvenile court may be granted by a probation officer of the court in
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the district that would have jurisdiction over the offense being referred to Youth Court.
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(7) Youth Courts may decline to accept a youth for Youth Court disposition for any reason
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and may terminate a youth from Youth Court participation at any time.
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(8) A youth or the youth's parent, guardian, or custodian may withdraw from the Youth
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Court process at any time. The Youth Court shall immediately notify the referring source of the
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withdrawal.
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(9) The Youth Court may transfer a case back to the referring source for alternative
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handling at any time.
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(10) Referral of a case of Youth Court may not prohibit the subsequent referral of the case
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to any court.
Legislative Review Note
as of 1-16-02 3:32 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.