Section 76-3-401.5 - Concurrent or consecutive sentence with a juvenile disposition(1) As used in this section: (a) "Authority" means the Youth Parole Authority created in Section 80-5-701.(b) "Board" means the Board of Pardons and Parole created in Section 77-27-2.(c) "Division" means the Division of Juvenile Justice Services created in Section 80-5-103.(d)(i) "Juvenile disposition" means an order for commitment to the custody of the division under Subsection 80-6-703(2).(ii) "Juvenile disposition" includes an order for secure care under Subsection 80-6-705(1).(e) "Secure correctional facility" means the same as that term is defined in Section 64-13-1.(f) "Secure care" means the same as that term is defined in Section 80-1-102.(2) If a defendant who is 18 years old or older is serving a juvenile disposition, a court may not terminate the juvenile disposition for the defendant when: (a) the defendant is convicted of an offense; and(b) the court imposes a sentence under Section 76-3-201 for the offense.(3)(a) If a defendant who is 18 years old or older is convicted and sentenced for an offense and the defendant is serving a juvenile disposition at the time of sentencing, the court shall determine whether the sentence is to run concurrently or consecutively to the juvenile disposition.(b) The court shall state on the record and in the order of judgment and commitment whether the sentence imposed is to run concurrently or consecutively with the juvenile disposition.(c) In determining whether a sentence is to run concurrently or consecutively with a juvenile disposition, the court shall consider:(i) the gravity and circumstances of the offense for which the defendant is convicted;(ii) the number of victims; and(iii) the history, character, and rehabilitative needs of the defendant.(d) If an order of judgment and commitment does not clearly state whether the sentence is to run consecutively or concurrently with the juvenile disposition, the division shall request clarification from the court.(e) Upon receipt of the request under Subsection (3)(d), the court shall enter a clarified order of judgment and commitment stating whether the sentence is to run concurrently or consecutively to the juvenile disposition.(4) If a court orders a sentence for imprisonment to run concurrently with a juvenile disposition for secure care, the defendant shall serve the sentence in secure care until the juvenile disposition is terminated by the authority in accordance with Section 80-6-804.(5) If a court orders a sentence for imprisonment in a county jail to run concurrently with a juvenile disposition for secure care and the disposition is terminated before the defendant's sentence for imprisonment in the county jail is terminated, the division shall: (a) notify the county jail at least 14 days before the day on which the defendant's disposition is terminated or the defendant is released from secure care; and(b) facilitate the transfer or release of the defendant in accordance with the order of judgment and commitment imposed by the court.(6)(a) If a court orders a sentence for imprisonment in a secure correctional facility to run concurrently with a juvenile disposition for secure care:(i) the board has authority over the defendant for purposes of ordering parole, pardon, commutation, termination of sentence, remission of fines or forfeitures, restitution, and any other authority granted by law; and(ii) the court and the division shall immediately notify the board that the defendant will remain in secure care as described in Subsection (4) for the board to schedule a hearing for the defendant in accordance with board procedures.(b) If a court orders a sentence for imprisonment in a secure correctional facility to run concurrently with a juvenile disposition for secure care and the juvenile disposition is terminated before the defendant's sentence is terminated, the division shall: (i) notify the board and the Department of Corrections at least 14 days before the day on which the defendant's disposition is terminated or the defendant is released from the secure care; and(ii) facilitate a release or transfer of the defendant in accordance with the order of judgment and commitment imposed by the court.Added by Chapter 37, 2021 General Session ,§ 1, eff. 5/5/2021.