(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, or for the minor being a habitual truant, 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.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 80-6-303.5

  • 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
  • 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
  • Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. See Utah Code 80-6-102
  • Habitual truant: means the same as that term is defined in Section 53G-8-211. 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 probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102
  • Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
         (54)(a) a child; or
         (54)(b) an individual:
              (54)(b)(i)
                   (54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;
              (54)(b)(ii)
                   (54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and
                   (54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or
              (54)(b)(iii)
                   (54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102
  • Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of:
         (60)(a) the assigned juvenile probation officer; and
         (60)(b)
              (60)(b)(i) the minor; or
              (60)(b)(ii) the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation: includes intake probation or formal probation. See Utah Code 80-1-102
  • Prosecuting attorney: means :
         (65)(a) the attorney general and any assistant attorney general;
         (65)(b) any district attorney or deputy district attorney;
         (65)(c) any county attorney or assistant county attorney; and
         (65)(d) any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102
  • Referral: means a formal referral, a referral to the juvenile court under Section 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under Section 80-6-302. See Utah Code 80-6-102
  • Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 80-1-102
  • Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102
  • Validated risk and needs assessment: means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. See Utah Code 80-1-102
(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.
(3)

     (3)(a) The juvenile probation officer may:

          (3)(a)(i) conduct a validated risk and needs assessment; and
          (3)(a)(ii) request that a prosecuting attorney review a referral in accordance with Section 80-6-304.5 if:

               (3)(a)(ii)(A) the results of the validated risk and needs assessment indicate the minor is high risk; or
               (3)(a)(ii)(B) the results of the validated risk and needs assessment indicate the minor is moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Individual, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
     (3)(b) If the referral involves an offense that is a violation of Section 41-6a-502, the minor shall:

          (3)(b)(i) undergo a drug and alcohol screening;
          (3)(b)(ii) if found appropriate by the screening, participate in an assessment; and
          (3)(b)(iii) if warranted by the screening and assessment, follow the recommendations of the assessment.
(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:

     (4)(a) the minor:

          (4)(a)(i) is referred for an offense that is a misdemeanor, infraction, or status offense;
          (4)(a)(ii) has no more than two prior adjudications; and
          (4)(a)(iii) has no more than two prior unsuccessful nonjudicial adjustment attempts;
     (4)(b) the minor is referred for an offense that is alleged to have occurred before the minor was 12 years old; or
     (4)(c) the minor is referred for being a habitual truant.
(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:

     (8)(a) an offense alleged to have occurred when the minor was 12 years old or older that is:

          (8)(a)(i) a felony offense; or
          (8)(a)(ii) a misdemeanor violation of:

               (8)(a)(ii)(A) Section 41-6a-502, driving under the influence;
               (8)(a)(ii)(B) Section 76-5-107, threat of violence;
               (8)(a)(ii)(C) Section 76-5-107.1, threats against schools;
               (8)(a)(ii)(D) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury;
               (8)(a)(ii)(E) Section 76-5-206, negligent homicide;
               (8)(a)(ii)(F) Section 76-9-702.1, sexual battery;
               (8)(a)(ii)(G) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises;
               (8)(a)(ii)(H) Section 76-10-506, threatening with or using a dangerous weapon in fight or quarrel;
               (8)(a)(ii)(I) Section 76-10-507, possession of a deadly weapon with criminal intent; or
               (8)(a)(ii)(J) Section 76-10-509.4, possession of a dangerous weapon by a minor; or
     (8)(b) an offense alleged to have occurred before the minor is 12 years old that is a felony violation of:

          (8)(b)(i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
          (8)(b)(ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
          (8)(b)(iii) Section 76-5-203, murder or attempted murder;
          (8)(b)(iv) Section 76-5-302, aggravated kidnapping;
          (8)(b)(v) Section 76-5-405, aggravated sexual assault;
          (8)(b)(vi) Section 76-6-103, aggravated arson;
          (8)(b)(vii) Section 76-6-203, aggravated burglary;
          (8)(b)(viii) Section 76-6-302, aggravated robbery; or
          (8)(b)(ix) Section 76-10-508.1, felony discharge of a firearm.
(9) The juvenile probation officer shall request that a prosecuting attorney review a referral if:

     (9)(a) the referral involves an offense described in Subsection (8); or
     (9)(b) the minor has a current suspended order for custody under Section 80-6-711.
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