Juvenile Laws and Guidelines

In Utah, assessments are an integral part of the case planning process and are used to identify and focus on addressing the factors that are related to the youth’s involvement in the juvenile justice system. For more information on the application of the risk assessment results by juvenile probation officers and case workers into the case planning process, please visit www.utcourts.gov/courts/juv/ebp/.

An Overview of the Utah Juvenile Courts

The Juvenile Court is a court of special jurisdiction. It includes 29 full-time judges and 1.5 commissioners. The Juvenile Court is of equal status with the District Court. You can learn more about the juvenile court judges in the Gallery of Judges. To determine which district you live in, use the Judicial District Locator Map.

The Juvenile Court has exclusive original jurisdiction over youths, under 18 years of age, who violate any federal, state or municipal law, and any child who is abused, neglected or dependent. The court has the power to determine child custody, support and visitation in some circumstances; to permanently terminate parental rights, and to authorize or require treatment for mentally ill children or children with disabilities. The court may also place children under the supervision of the court's probation department; place children in the custody or care of foster homes, group homes, special treatment centers, or secure institutions. The Court works closely with the Office of Guardian ad Litem on cases involving abuse, neglect or dependency. The Court may also require children to pay fines or make restitution for damage or loss resulting from their delinquent acts. It also has jurisdiction over habitual truants, runaways and ungovernable youth if efforts by other social service agencies are not successful.

In addition, the Court has exclusive jurisdiction in traffic offenses involving minors related to automobile homicide, driving under the influence of alcohol or drugs, reckless driving, joy riding, and fleeing a police officer. It has concurrent jurisdiction with the District and Justice Courts over adults contributing to the delinquency and neglect of a minor.

Utah is served by 29 judges and 1.5 commissioners in its 8 judicial districts. The 10 judges in the 3rd District, which includes Salt Lake, Summit and Tooele Counties, are assisted by a commissioner. who is trained as an attorney. The four attorneys in 4 th District, which includes Juab, Millard, Utah, and Wasatch Counties, are assisted by a commissioner whose time is divided equally between juvenile and district court. Commissioners are attorneys who generally hear a variety of cases, ranging from traffic citations, truancy and protective custody to more serious crimes. Commissioners submit findings and recommendations to a judge in writing. If a party disagrees with a commissioner's ruling, a rehearing before a judge may be requested.

The Juvenile Court, unlike other state courts of record, administers a probation department. Probation officers prepare dispositional reports, supervise youth who have been placed on probation by the Court, conduct evaluations, and submit reports on the progress of each juvenile. A clerical division prepares the legal documents and maintains the official court record.

As a member of the Interstate Compact on Juveniles, the Court accepts supervision of juveniles who move to Utah from another state (who were under court supervision before moving). In turn, the court often requests another state to supervise juveniles who move while still under court supervision in Utah.

All appeals from the Juvenile Court are heard in the Court of Appeals.

Utilizing Risk and Needs Assessments

In Utah, a number of risk assessments and screening tools are utilized to better serve youth and families. Utah Juvenile Probation and Utah Juvenile Justice Services use two main risk assessment tools: the Pre-Screen Risk Assessment (PSRA) and the Protective and Risk Assessment (PRA). Both of these assessment tools are based on the Washington State Juvenile Court Assessment, and have undergone validation studies following adaption with Utah-specific populations.

The Pre-Screen Risk Assessment is a brief risk and needs assessment designed to screen youth in the preliminary stages of involvement with the juvenile justice system and to determine if additional assessment is needed.

The Protective and Risk Assessment is a more in-depth assessment that examines a wide variety of factors related to the youth's strengths and challenges in ten different life areas called domains. These domains include: delinquency history, school, employment, relationships, environment, current living arrangements, alcohol and drugs, mental health, attitudes and behaviors, and skills. The assessment of each domain is based on identification of protective factors that are related to the reduced likelihood of re-offending and risk factors that are related to the increased likelihood of reoffending.

In addition to these core assessments, Utah Juvenile Probation and Utah Juvenile Justice Services also utilize a number of specialty assessments for youth with specific needs. For example, the

Juvenile Sexual Offense Recidivism Risk Assessment Tool – II (JSORRAT-II) is used as a screening tool for juveniles who have offended sexually to determine if a more in-depth and comprehensive

Sexual Behavior Risk Assessment (SBRA) is needed. The SBRA is a comprehensive assessment administered by a licensed therapist. 

JUVENILE SENTENCING GUIDELINES – AGGRAVATING AND MITIGATING FACTORS

Aggravating

1. Impact of Offense on Victim and Community: Offender’s callousness and cruelty shock the conscience of the Court; offense involved substantial monetary loss; offender caused substantial physical or psychological injury to the victim; offender has offended against current victim on prior occasions; or the offender knew or should have known that the victim was particularly vulnerable.

2. Prior Violent Delinquent Conduct: Offender has demonstrated, by prior history of delinquency adjudications, a propensity for violent, delinquent conduct.

3. Substantial Adjudication History: Adjudication for the same or similar offense on two or more previous separate occasions; gross number of prior offenses; or the offender has been adjudicated delinquent.

4. Need for Out-of-Home Treatment: Treatment needs of the offender require an out-of-home placement.

5. Need for Secure Confinement: Offender presents a danger to the community that requires secure confinement.

6. Lack of Remorse: Offender has demonstrated a total lack of remorse or a lack of acceptance or responsibility with regard to the offense.

7. Supervision to Monitor Restitution: A long period of supervision is necessary to monitor the offender’s restitution responsibilities.

8. Lack of Amenability with Lesser Sanctions: Offender has demonstrated a lack of cooperation with lesser restrictive sanctions; offender has probation violations, other contempt orders, or nonjudicial actions that should be considered; or offender has previously been placed on or qualified for a higher sanction.

9. Lack of Attendance or Participation in Educational Programs: Offender has willfully failed to attend or participate in school or other appropriate educational or vocational programs.

10. Gang Involvement.

11. Other (specify)

Mitigating

1. Significant Improvement since the Offense: Offender has demonstrated significant improvement since the time of the offense; offender has voluntarily sought treatment; offender compensated or made a good faith effort to compensate victim.

2. Physical/Mental Impairment: Offender, because of physical or mental impairment, lacked substantial capacity for judgment when the offense was committed; or the offender is mentally retarded as demonstrated by all of the following: (a) offender is significantly sub-average in general intellectual functioning (usually interpreted as an IQ score of 70 or less); and (b) offender demonstrates deficits in adaptive behavior (has insufficient life skills to get along without constant assistance from others); and (c) offender manifested the above handicaps during the developmental period. The voluntary use of intoxicants does not fall within the purview of this category.

3. Limited Adjudication History: Offender has no or only minor prior adjudications; long period of time since previous referral; or extreme length of time since the offense occurred.

4. Age and Maturity of Offender: Offender’s age and maturity suggest that the offender did not fully understand the impact or nature of the delinquent conduct.

5. Current Status: Offender is currently in an appropriate level of treatment or supervision.

6. Treatment Needs Exceed Need for Punishment: The offender is in greater need of an available treatment program than of punishment through incarceration. 

78A-6-702. Serious youth offender -- Procedure.

(1)  Any action filed by a county attorney, district attorney, or attorney general charging a minor 16 years of age or older with a felony shall be by criminal information and filed in the juvenile court if the information charges any of the following offenses:

(a)  Any felony violation of:

(i)        Section 76-6-103, aggravated arson;

(ii)      Section 76-5-103, aggravated assault resulting in serious bodily injury to another;

(iii)    Section 76-5-302, aggravated kidnapping;

(iv)    Section 76-6-203, aggravated burglary;

(v)      Section 76-6-302, aggravated robbery;

(vi)    Section 76-5-405, aggravated sexual assault;

(vii)  Section 76-10-508.1, felony discharge of a firearm;

(viii)Section 76-5-202, attempted aggravated murder; or

(ix)    Section 76-5-203, attempted murder; or

(b)  an offense other than those listed in Subsection (1)(a) involving the use of a dangerous weapon, which would be a felony if committed by an adult, and the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon, which also would have been a felony if committed by an adult.

(2)         All proceedings before the juvenile court related to charges filed under Subsection (1) shall be conducted in conformity with the rules established by the Utah Supreme Court.

(3)         (a)  If the information alleges the violation of a felony listed in Subsection (1), the state shall have the burden of going forward with its case and the burden of proof to establish probable cause to believe that one of the crimes listed in Subsection (1) has been committed and that the defendant committed it.  If proceeding under Subsection (1)(b), the state shall have the additional burden of proving by a preponderance of the evidence that the defendant has previously been adjudicated or convicted of an offense involving the use of a dangerous weapon.

(b)      If the juvenile court judge finds the state has met its burden under this Subsection (3), the court shall order that the defendant be bound over and held to answer in the district court in the same manner as an adult unless the juvenile court judge finds that it would be contrary to the best interest of the minor and to the public to bind over the defendant to the jurisdiction of the district court.

(c)       In making the bind over determination in Subsection (3)(b), the judge shall consider only the following:

(i)    whether the minor has been previously adjudicated delinquent for an offense involving the use of a dangerous weapon which would be a felony if committed by an adult;

(ii)  if the offense was committed with one or more other persons, whether the minor appears to have a greater or lesser degree of culpability than the codefendants;

(iii) the extent to which the minor's role in the offense was committed in a violent, aggressive, or premeditated manner;

(iv) the number and nature of the minor's prior adjudications in the juvenile court; and

(v)  Whether public safety is better served by adjudicating the minor in the juvenile court or in the district court.

(d)      Once the state has met its burden under Subsection (3)(a) as to a showing of probable cause, the defendant shall have the burden of going forward and presenting evidence that in light of the considerations listed in Subsection (3)(c), it would be contrary to the best interest of the minor and the best interests of the public to bind the defendant over to the jurisdiction of the district court.

(e)      If the juvenile court judge finds by clear and convincing evidence that itwould be contrary to the best interest of the minor and the best interests of the public to bind the defendant over to the jurisdiction of the district court, the court shall so state in its findings and order the minor held for trial as a minor and shall proceed upon the information as though it were a juvenile petition.

(4)         If the juvenile court judge finds that an offense has been committed, but that the state has not met its burden of proving the other criteria needed to bind the defendant over under Subsection (1), the juvenile court judge shall order the defendant held for trial as a minor and shall proceed upon the information as though it were a juvenile petition.

(5)         At the time of a bind over to district court a criminal warrant of arrest shall issue.  The defendant shall have the same right to bail as any other criminal defendant and shall be advised of that right by the juvenile court judge.  The juvenile court shall set initial bail in accordance with Title 77, Chapter 20, and Bail.

(6)         At the time the minor is bound over to the district court, the juvenile court shall make the initial determination on where the minor shall be held.

(7)         The juvenile court shall consider the following when determining where the minor shall be held until the time of trial:

(a)    the age of the minor;

(b)   the nature, seriousness, and circumstances of the alleged offense;

(c)    the minor's history of prior criminal acts;

(d)   whether detention in a juvenile detention facility will adequately serve the need for community protection pending the outcome of any criminal proceedings;

(e)    whether the minor's placement in a juvenile detention facility will negatively impact the functioning of the facility by compromising the goals of the facility to maintain a safe, positive, and secure environment for all minors within the facility;

(f)    the relative ability of the facility to meet the needs of the minor and protect the public;

(g)   whether the minor presents an imminent risk of harm to the minor or others within the facility;

(h)   the physical maturity of the minor;

(i)     the current mental state of the minor as evidenced by relevant mental health or psychological assessments or screenings that are made available to the court; and (j)  any other factors the court considers relevant.

(8)   If a minor is ordered to a juvenile detention facility under Subsection (7), the minor shall remain in the facility until released by a district court judge, or if convicted, until sentencing.

(9)   A minor held in a juvenile detention facility under this section shall have the same right to bail as any other criminal defendant.

(10)     If the minor ordered to a juvenile detention facility under Subsection (7) attains the age of 18 years, the minor shall be transferred within 30 days to an adult jail until released by the district court judge, or if convicted, until sentencing.

(11)     A minor 16 years of age or older whose conduct or condition endangers the safety or welfare of others in the juvenile detention facility may, by court order that specifies the reasons, be detained in another place of pretrial confinement considered appropriate by the court, including jail or other place of confinement for adults.

(12)     The district court may reconsider the decision on where the minor will be held pursuant to Subsection (6).

(13)     If an indictment is returned by a grand jury charging a violation under this section, the preliminary examination held by the juvenile court judge need not include a finding of probable cause that the crime alleged in the indictment was committed and that the defendant committed it, but the juvenile court shall proceed in accordance with this section regarding the additional considerations listed in Subsection (3)(b).

(14)     When a defendant is charged with multiple criminal offenses in the same information or indictment and is bound over to answer in the district court for one or more charges under this section, other offenses arising from the same criminal episode and any subsequent misdemeanors or felonies charged against him shall be considered together with those charges, and where the court finds probable cause to believe that those crimes have been committed and that the defendant committed them, the defendant shall also be bound over to the district court to answer for those charges.

(15)     When a minor has been bound over to the district court under this section, the jurisdiction of the Division of Juvenile Justice Services and the juvenile court over the minor is terminated regarding that offense, any other offenses arising from the same criminal episode, and any subsequent misdemeanors or felonies charged against the minor, except as provided in Subsection (19).

(16)     A minor who is bound over to answer as an adult in the district court under this section or on whom an indictment has been returned by a grand jury is not entitled to a preliminary examination in the district court.

(17)        Allegations contained in the indictment or information that the defendant has previously been adjudicated or convicted of an offense involving the use of a dangerous weapon, or is 16 years of age or older, are not elements of the criminal offense and do not need to be proven at trial in the district court.

(18)     If a minor enters a plea to, or is found guilty of, any of the charges filed or any other offense arising from the same criminal episode, the district court retains jurisdiction over the minor for all purposes, including sentencing.

(19)     The juvenile court under Section 78A-6-103 and the Division of Juvenile Justice Services regain jurisdiction and any authority previously exercised over the minor when there is an acquittal, a finding of not guilty, or dismissal of all charges in the district court.

Amended by Chapter 234, 2014 General Session