80-6-303.5. Preliminary inquiry by juvenile probation officer — Eligibility for nonjudicial adjustment.
(1) |
If the juvenile court receives a referral for an offense committed by a minor that is, or appears to be, within the juvenile court’s jurisdiction, a juvenile probation officer shall make a preliminary inquiry in accordance with this section to determine whether the minor is eligible to enter into a nonjudicial adjustment. |
(2) |
If a minor is referred to the juvenile court for multiple offenses arising from a single criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for all offenses arising from the single criminal episode. |
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(3) |
(a) |
The juvenile probation officer may:
(i) |
conduct a validated risk and needs assessment; and |
(ii) |
request that a prosecuting attorney review a referral in accordance with Section 80-6-304.5 if:
(A) |
the results of the validated risk and needs assessment indicate the minor is high risk; or |
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(b) |
If the referral involves an offense that is a violation of Section 41-6a-502, the minor shall:
(i) |
undergo a drug and alcohol screening; |
(ii) |
if found appropriate by the screening, participate in an assessment; and |
(iii) |
if warranted by the screening and assessment, follow the recommendations of the assessment. |
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(4) |
Except for an offense that is not eligible under Subsection (8), the juvenile probation officer shall offer a nonjudicial adjustment to a minor if:
(a) |
the minor:
(i) |
is referred for an offense that is a misdemeanor, infraction, or status offense; |
(ii) |
has no more than two prior adjudications; and |
(iii) |
has no more than two prior unsuccessful nonjudicial adjustment attempts; or |
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(b) |
the minor is referred for an offense that is alleged to have occurred before the minor was 12 years old. |
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(5) |
For purposes of determining a minor’s eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment. |
(6) |
For purposes of determining a minor’s eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in one or more prior adjudications as a single adjudication. |
(7) |
Except for a referral that involves an offense described in Subsection (8), the juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the criteria described in Subsection (4)(a). |
(8) |
The juvenile probation officer may not offer a minor a nonjudicial adjustment if the referral involves:
(a) |
an offense alleged to have occurred when the minor was 12 years old or older that is:
(ii) |
a misdemeanor violation of:
(A) |
Section 41-6a-502, driving under the influence; |
(B) |
Section 76-5-107, threat of violence; |
(D) |
Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury; |
(E) |
Section 76-5-206, negligent homicide; |
(G) |
Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; |
(H) |
Section 76-10-506, threatening with or using a dangerous weapon in fight or quarrel; |
(I) |
Section 76-10-507, possession of a deadly weapon with criminal intent; |
(J) |
Section 76-10-509, possession of a dangerous weapon by a minor; or |
(K) |
Section 76-10-509.4, prohibition of possession of certain weapons by minors; or |
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(b) |
an offense alleged to have occurred before the minor is 12 years old that is a felony violation of:
(i) |
Section 76-5-103, aggravated assault resulting in serious bodily injury to another; |
(ii) |
Section 76-5-202, aggravated murder or attempted aggravated murder; |
(iii) |
Section 76-5-203, murder or attempted murder; |
(iv) |
Section 76-5-302, aggravated kidnapping; |
(v) |
Section 76-5-405, aggravated sexual assault; |
(vi) |
Section 76-6-103, aggravated arson; |
(vii) |
Section 76-6-203, aggravated burglary; |
(viii) |
Section 76-6-302, aggravated robbery; or |
(ix) |
Section 76-10-508.1, felony discharge of a firearm. |
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(9) |
The juvenile probation officer shall request that a prosecuting attorney review a referral if:
(a) |
the referral involves an offense described in Subsection (8); or |
(b) |
the minor has a current suspended order for custody under Section 80-6-711. |
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Enacted by Chapter 161, 2023 General Session