Utah Code 80-6-204. Detention or confinement of a minor — Restrictions
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(1) Except as provided in Subsection (2) or this chapter, if a child is apprehended by a peace officer, or brought before a court for examination under state law, the child may not be confined:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 80-6-204
- Adjudication: means , except as provided in Subsection (3)(b):(3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:(3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;(3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section
80-6-306 ; or(3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or(3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102- Commission: means the State Commission on Criminal and Juvenile Justice created in Section
63M-7-201 . See Utah Code 80-6-102- committed: means , unless specified otherwise:
(15)(a) with respect to a child, to transfer legal custody; and(15)(b) with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102- Contract: A legal written agreement that becomes binding when signed.
- Correctional facility: means :
(18)(a) a county jail; or(18)(b) a secure correctional facility as defined in Section64-13-1 . See Utah Code 80-1-102- Detention: means home detention or secure detention. See Utah Code 80-1-102
- Detention facility: means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section
80-5-501 , for minors held in detention. See Utah Code 80-1-102- Detention hearing: means a proceeding under Section
80-6-207 to determine whether a minor should remain in detention. See Utah Code 80-6-102- Division: means the Division of Juvenile Justice and Youth Services created in Section
80-5-103 . See Utah Code 80-6-102- Jurisdiction: (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 :
(47)(a) a serious youth offender; or(47)(b) a youth offender. See Utah Code 80-1-102- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Secure 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 80-1-102
- Secure detention: means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services:
(74)(a) before disposition of an offense that is alleged to have been committed by the minor; or(74)(b) under Section80-6-704 . See Utah Code 80-1-102- Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Temporary custody: means the control and responsibility of a minor, before an adjudication under Section
80-6-701 , until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency. See Utah Code 80-6-102- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1)(a) in a jail, lockup, or cell used for an adult who is charged with a crime; or(1)(b) in secure care .(2)(2)(a) The division shall detain a child in accordance with Sections 80-6-502, 80-6-504, and 80-6-505 if:(2)(a)(ii) the district court has obtained jurisdiction over the offense because the child is bound over to the district court under Section 80-6-504; and(2)(a)(iii) the juvenile or district court orders the detention of the child.(2)(b)(2)(b)(i) If a child is detained before a detention hearing, or a preliminary hearing under Section 80-6-504 if a criminal information is filed for the child under Section 80-6-503, the child may only be held in certified juvenile detention accommodations in accordance with rules made by the commission.(2)(b)(ii) The commission’s rules shall include rules for acceptable sight and sound separation from adult inmates.(2)(b)(iii) The commission shall certify that a correctional facility is in compliance with the commission’s rules.(2)(b)(iv) This Subsection (2)(b) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a).(3)(3)(a) In an area of low density population, the commission may, by rule, approve a juvenile detention accommodation within a correctional facility that has acceptable sight and sound separation.(3)(b) An accommodation described in Subsection (3)(a) shall be used only:(3)(b)(i) for short-term holding of a child who is alleged to have committed an act that would be a criminal offense if committed by an adult; and(3)(b)(ii) for a maximum confinement period of six hours.(3)(c) A child may only be held in an accommodation described in Subsection (3)(a) for:(3)(c)(i) identification;(3)(c)(ii) notification of a juvenile court official;(3)(c)(iii) processing; and(3)(c)(iv) allowance of adequate time for evaluation of needs and circumstances regarding the release or transfer of the child to a shelter or detention facility.(3)(d) This Subsection (3) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a).(4)(4)(a) If a child is alleged to have committed an act that would be a criminal offense if committed by an adult, a law enforcement officer or agency may detain the child in a holding room in a local law enforcement agency facility for no longer than four hours:(4)(a)(i) for identification or interrogation; or(4)(a)(ii) while awaiting release to a parent or other responsible adult.(4)(b) A holding room described in Subsection (4)(a) shall be certified by the commission in accordance with the commission’s rules.(4)(c) The commission’s rules shall include provisions for constant supervision and for sight and sound separation from adult inmates.(5) Willful failure to comply with this section is a class B misdemeanor.(6)(6)(a) The division is responsible for the custody and detention of:(6)(a)(i) a child who requires detention before trial or examination, or is placed in secure detention after an adjudication under Section 80-6-704; and(6)(a)(ii) a juvenile offender under Subsection 80-6-806(7).(6)(b) Subsection (6)(a) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a).(6)(c)(6)(c)(i) The commission shall provide standards for custody or detention under Subsections (2)(b), (3), and (4).(6)(c)(ii) The division shall determine and set standards for conditions of care and confinement of children in detention facilities.(6)(d)(6)(d)(i) The division, or a public or private agency willing to undertake temporary custody or detention upon agreed terms in a contract with the division, shall provide all other custody or detention in suitable premises distinct and separate from the general jails, lockups, or cells used in law enforcement and corrections systems.(6)(d)(ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in accordance with Subsection (2)(a).(7) Except as otherwise provided by this chapter, if an individual who is, or appears to be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official, in charge of the correctional facility shall:(7)(a) immediately notify the juvenile court of the individual; and(7)(b) make arrangements for the transfer of the individual to a detention facility, unless otherwise ordered by the juvenile court.