Terms Used In Utah Code > Title 80 > Chapter 6 > Part 8 - Commitment and Parole

• Abuse: means :
            (1)(a)(i)

                 (1)(a)(i)(A) nonaccidental harm of a child;

                 (1)(a)(i)(B) threatened harm of a child;

                 (1)(a)(i)(C) sexual exploitation;

                 (1)(a)(i)(D) sexual abuse; or

                 (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
• 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
• Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
• Aftercare services: means the same as the term "aftercare" is defined in Utah Code 80-6-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102
• 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
• Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
• Detention: means home detention or secure detention. 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
• Division: means the Division of Juvenile Justice and Youth Services created in Section 80-5-103. See Utah Code 80-6-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Family-based setting: means a home that is licensed to allow a minor to reside at the home, including a foster home, proctor care, or residential care by a professional parent. 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
• 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 offender: means :
       (47)(a) a serious youth offender; or
       (47)(b) a youth offender. 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
• 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
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Rescission: means a written order of the authority that rescinds a date for parole. See Utah Code 80-6-102
• Revocation: means a written order of the authority that, after a hearing and determination under Section 80-6-806:
       (17)(a) terminates supervision of a juvenile offender's parole; and
       (17)(b) directs a juvenile offender to return to secure care. See Utah Code 80-6-102
• 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
• Serious youth offender: means an individual who:
       (75)(a) is at least 14 years old, but under 25 years old;
       (75)(b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and
       (75)(c) is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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
• Termination: means a written order of the authority that terminates a juvenile offender from parole. See Utah Code 80-6-102
• 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
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
• Youth offender: means an individual who is:
       (98)(a) at least 12 years old, but under 21 years old; and
       (98)(b) committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102