Utah Code 80-6-507. Commitment of a minor by a district court
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(1)
Terms Used In Utah Code 80-6-507
- Authority: means the Youth Parole Authority created in Section
80-5-701 . See Utah Code 80-6-102 - Board: means the Board of Juvenile Court Judges. 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
- Department: means the Department of Health and Human Services created in Section
26B-1-201 . See Utah Code 80-1-102- Division: means the Division of Juvenile Justice and Youth Services created in Section
80-5-103 . See Utah Code 80-6-102- Minor: means :
(1)(a) an individual:(1)(a)(i) who is at least 18 years old and younger than 25 years old; and(1)(a)(ii) whose case is under the jurisdiction of the juvenile court; or(1)(b) an individual:(1)(b)(i) who is younger than 21 years old;(1)(b)(iii) whose case is under the jurisdiction of the district court. See Utah Code 80-6-501- Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102
- 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 care facility: means a facility, established in accordance with Section
80-5-503 , for juvenile offenders in secure care. See Utah Code 80-1-102- Termination: means a written order of the authority that terminates a juvenile offender from parole. See Utah Code 80-6-102
(1)(a) If the district court determines that probation is not appropriate and commitment to prison is an appropriate sentence when sentencing a minor:(1)(a)(i) the district court shall order the minor committed to prison; and(1)(a)(ii) the minor shall be provisionally housed in a secure care facility until the minor reaches 25 years old, unless released earlier from incarceration by the Board of Pardons and Parole.(1)(b) Subsection (1) applies to any minor being provisionally housed in a secure care facility as described in Subsection (1)(a) on or after May 4, 2022.(2)(2)(a) The division shall adopt procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor provisionally housed in a secure care facility under Subsection (1) to the physical custody of the Department of Corrections.(2)(b) If, in accordance with the rules adopted under Subsection (2)(a), the division determines that housing the minor in a secure care facility presents an unreasonable risk to others or that it is not in the best interest of the minor, the division shall transfer the physical custody of the minor to the Department of Corrections.(3)(3)(a) When a minor is committed to prison but provisionally housed in a secure care facility under this section, the district court and the division shall immediately notify the Board of Pardons and Parole so that the minor may be scheduled for a hearing according to board procedures.(3)(b) If a minor who is provisionally housed in a secure care facility under this section has not been paroled or otherwise released from incarceration by the time the minor reaches 25 years old, the division shall as soon as reasonably possible, but not later than when the minor reaches 25 years and 6 months old, transfer the minor to the physical custody of the Department of Corrections.(4) Upon the commitment of a minor to the custody of the division or the Department of Corrections under this section, the Board of Pardons and Parole has authority over the minor for purposes of parole, pardon, commutation, termination of sentence, remission of fines or forfeitures, orders of restitution, and all other purposes authorized by law.(5) The authority shall:(5)(a) hold hearings, receive reports, or otherwise keep informed of the progress of a minor in the custody of the division under this section; and(5)(b) forward to the Board of Pardons and Parole any information or recommendations concerning the minor.(6) Commitment of a minor under this section is a prison commitment for all sentencing purposes. - Department: means the Department of Health and Human Services created in Section