Section 80-6-303.5 - Preliminary inquiry by juvenile probation officer - Eligibility for nonjudicial adjustment(1) If the juvenile court receives a referral for an offense committed by a minor that is, or appears to be, within the juvenile court's jurisdiction, or for the minor being a habitual truant, a juvenile probation officer shall make a preliminary inquiry in accordance with this section to determine whether the minor is eligible to enter into a nonjudicial adjustment.(2) If a minor is referred to the juvenile court for multiple offenses arising from a single criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for all offenses arising from the single criminal episode.(3)(a) The juvenile probation officer may:(i) conduct a validated risk and needs assessment; and(ii) request that a prosecuting attorney review a referral in accordance with Section 80-6-304.5 if: (A) the results of the validated risk and needs assessment indicate the minor is high risk; or(B) the results of the validated risk and needs assessment indicate the minor is moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Individual, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.(b) If the referral involves an offense that is a violation of Section 41-6a-502, the minor shall: (i) undergo a drug and alcohol screening;(ii) if found appropriate by the screening, participate in an assessment; and(iii) if warranted by the screening and assessment, follow the recommendations of the assessment.(4) Except for an offense that is not eligible under Subsection (8), the juvenile probation officer shall offer a nonjudicial adjustment to a minor if:(a) the minor:(i) is referred for an offense that is a misdemeanor, infraction, or status offense;(ii) has no more than two prior adjudications; and(iii) has no more than two prior unsuccessful nonjudicial adjustment attempts;(b) the minor is referred for an offense that is alleged to have occurred before the minor was 12 years old; or(c) the minor is referred for being a habitual truant.(5) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment.(6) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in one or more prior adjudications as a single adjudication.(7) Except for a referral that involves an offense described in Subsection (8), the juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the criteria described in Subsection (4)(a).(8) The juvenile probation officer may not offer a minor a nonjudicial adjustment if the referral involves: (a) an offense alleged to have occurred when the minor was 12 years old or older that is: (ii) a misdemeanor violation of: (A) Section 41-6a-502, driving under the influence;(B) Section 76-5-107, threat of violence;(C) Section 76-5-107.1, threats against schools;(D) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury;(E) Section 76-5-206, negligent homicide;(F) Section 76-9-702.1, sexual battery;(G) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises;(H) Section 76-10-506, threatening with or using a dangerous weapon in fight or quarrel;(I) Section 76-10-507, possession of a deadly weapon with criminal intent; or(J) Section 76-10-509.4, possession of a dangerous weapon by a minor; or(b) an offense alleged to have occurred before the minor is 12 years old that is a felony violation of: (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;(ii) Section 76-5-202, aggravated murder or attempted aggravated murder;(iii) Section 76-5-203, murder or attempted murder;(iv) Section 76-5-302, aggravated kidnapping;(v) Section 76-5-405, aggravated sexual assault;(vi) Section 76-6-103, aggravated arson;(vii) Section 76-6-203, aggravated burglary;(viii) Section 76-6-302, aggravated robbery; or(ix) Section 76-10-508.1, felony discharge of a firearm.(9) The juvenile probation officer shall request that a prosecuting attorney review a referral if: (a) the referral involves an offense described in Subsection (8); or(b) the minor has a current suspended order for custody under Section 80-6-711.Amended by Chapter 301, 2024 General Session ,§ 22, eff. 5/1/2024.Added by Chapter 161, 2023 General Session ,§ 25, eff. 5/3/2023.