Utah Code 63M-7-404.5. Juvenile disposition guidelines
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(1) The sentencing commission shall establish and maintain juvenile disposition guidelines that:
Terms Used In Utah Code 63M-7-404.5
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section
63M-7-201 . See Utah Code 63M-7-101.5 - Juvenile: means a minor as that term is defined in Section
80-1-102 . See Utah Code 63M-7-401.1 - Juvenile disposition guidelines: means the guidelines established in Section
Utah Code 63M-7-401.1 - Offense: means a felony, a misdemeanor, an infraction, or an adjudication under the laws of this state, another state, or the United States. See Utah Code 63M-7-401.1
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1)(a) respond to public comment;
(1)(b) relate dispositional practices and rehabilitative resources;
(1)(c) increase equity in disposition orders;
(1)(d) better define responsibility for disposition orders; and
(1)(e) enhance the discretion of the juvenile court while preserving the role of the Youth Parole Authority.
(2) The juvenile disposition guidelines shall address how to appropriately respond to negative and positive behavior of juveniles who are:
(2)(a) nonjudicially adjusted;
(2)(b) placed on diversion;
(2)(c) placed on probation;
(2)(d) placed on community supervision;
(2)(e) placed in an out-of-home placement; or
(2)(f) placed in a secure care facility.
(3) The juvenile disposition guidelines shall include:
(3)(a) other sanctions and incentives including:
(3)(a)(i) recommended responses that are swift and certain;
(3)(a)(ii) a continuum of community-based options for juveniles living at home;
(3)(a)(iii) recommended responses that target the juvenile’s criminogenic risk and needs; and
(3)(a)(iv) recommended incentives for compliance, including earned discharge credits;
(3)(b) a recommendation that, when a juvenile court interacts with a juvenile described in Subsection (2), the juvenile court shall consider:
(3)(b)(i) the seriousness of the negative and positive behavior of the juvenile;
(3)(b)(ii) the juvenile’s conduct postadjudication; and
(3)(b)(iii) the juvenile’s delinquency history; and
(3)(c) appropriate sanctions for a juvenile who commits sexual exploitation of a minor as described in Section 76-5b-201 , or aggravated sexual exploitation of a minor as described in Section 76-5b-201.1 , including the application of aggravating and mitigating factors specific to the offense.