Utah Code 80-6-608. When photographs, fingerprints, or HIV infection tests may be taken — Distribution — DNA collection — Reimbursement
Current as of: 2024 | Check for updates
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(1) The division shall take a photograph and fingerprints of a minor who is:
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 A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 80-6-608
- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- 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- Division: means the Division of Juvenile Justice and Youth Services created in Section
80-5-103 . See Utah Code 80-6-102- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
(35)(a) marriage;(35)(b) enlistment in the armed forces;(35)(c) major medical, surgical, or psychiatric treatment; or(35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Minor: means , except as provided in Sections
80-6-501 ,80-6-901 , and80-7-102 :(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 Subsection78A-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 Subsection78A-6-103 (1)(c). See Utah Code 80-1-102- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Victim: includes :
(20)(b)(i) any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and(20)(b)(ii) the Utah Office for Victims of Crime. See Utah Code 80-6-102(1)(a) 14 years old or older at the time of the alleged commission of an offense that would be a felony if the minor were 18 years old or older; and(1)(b) admitted to a detention facility for the alleged commission of the offense.(2) The juvenile court shall order a minor who is 14 years old or older at the time that the minor is alleged to have committed an offense described in Subsection (2)(a) or (b) to have the minor’s fingerprints taken at a detention facility or a local law enforcement agency if the minor is:(2)(a) adjudicated for an offense that would be a class A misdemeanor if the minor were 18 years old or older; or(2)(b) adjudicated for an offense that would be a felony if the minor were 18 years old or older and the minor was not admitted to a detention facility.(3) The juvenile court shall take a photograph of a minor who is:(3)(a) 14 years old or older at the time the minor was alleged to have committed an offense that would be a felony or a class A misdemeanor if the minor were 18 years old or older; and(3)(b) adjudicated for the offense described in Subsection (3)(a).(4) If a minor’s fingerprints are taken under this section, the minor’s fingerprints shall be forwarded to the Bureau of Criminal Identification and may be stored by electronic medium.(5) HIV testing shall be conducted on a minor who is taken into custody after having been adjudicated for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon the request of:(5)(a) the victim;(5)(b) the parent or guardian of a victim who is younger than 14 years old; or(5)(c) the guardian of the alleged victim if the victim is a vulnerable adult as defined in Section26B-6-201 .(6) HIV testing shall be conducted on a minor against whom a petition has been filed or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5, Part 4, Sexual Offenses:(6)(a) upon the request of:(6)(a)(i) the victim;(6)(a)(ii) the parent or guardian of a victim who is younger than 14 years old; or(6)(a)(iii) the guardian of the alleged victim if the victim is a vulnerable adult as defined in Section26B-6-201 ; and(6)(b) in which:(6)(b)(i) the juvenile court has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and(6)(b)(ii) the juvenile court has found probable cause to believe that the alleged victim has been exposed to HIV infection as a result of the alleged offense.(7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger than 14 years old without the consent of the juvenile court.(8)(8)(a) Photographs taken under this section may be distributed or disbursed to:(8)(a)(i) state and local law enforcement agencies;(8)(a)(ii) the judiciary; and(8)(a)(iii) the division.(8)(b) Fingerprints may be distributed or disbursed to:(8)(b)(i) state and local law enforcement agencies;(8)(b)(ii) the judiciary;(8)(b)(iii) the division; and(8)(b)(iv) agencies participating in the Western Identification Network.(9)(9)(a) A DNA specimen shall be obtained from a minor who is adjudicated by the juvenile court as described in Subsection53-10-403 (1)(e).(9)(b) The DNA specimen shall be obtained, in accordance with Subsection53-10-404 (4), by:(9)(b)(i) designated employees of the juvenile court; or(9)(b)(ii) if the minor is committed to the division, designated employees of the division.(9)(c) The responsible agency under Subsection (9)(b) shall ensure that an employee designated to collect the saliva DNA specimens receives appropriate training and that the specimens are obtained in accordance with accepted protocol.(9)(d) Reimbursements paid under Subsection53-10-404 (2)(a) shall be placed in the DNA Specimen Restricted Account created in Section53-10-407 .(9)(e) Payment of the reimbursement is second in priority to payments the minor is ordered to make for restitution under Section80-6-710 and for treatment ordered under Section80-3-403 .