Utah Code § 80-6-304

Current through the 2024 Third Special Session

Section 80-6-304 - Nonjudicial adjustments

(1) For a nonjudicial adjustment, the juvenile probation officer may require a minor to:

(a) pay a financial penalty of no more than $250 to the juvenile court, subject to the terms established under Subsection (4);

(b) pay restitution to any victim;

(c) complete community or compensatory service;

(d) attend counseling or treatment with an appropriate provider;

(e) attend substance abuse treatment or counseling;

(f) comply with specified restrictions on activities or associations;

(g) attend victim-offender mediation if requested by the victim; and

(h) comply with any other reasonable action that is in the interest of the minor, the community, or the victim.

(2)

(a) Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenile probation officer shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral.

(b) The victim shall be responsible to provide to the juvenile probation officer upon request:

(i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and out-of-pocket loss;

(ii) documentation and evidence of compensation or reimbursement from an insurance company or an agency of the state, any other state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and

(iii) proof of identification, including home and work address and telephone numbers.

(c) The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the juvenile probation officer determining restitution based on the best information available.

(3) The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt.

(4)

(a) The juvenile probation officer may not deny a minor an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection (1).

(b) The juvenile probation officer shall base a fee, fine, or the restitution for a nonjudicial adjustment under Subsection (1) upon the ability of the minor's family to pay as determined by a statewide sliding scale developed in accordance with Section 63M-7-208.

(5)

(a) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile court judge extends the nonjudicial adjustment for an additional 90 days.

(b) A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (5)(a):

(i) for a minor who is:

(A) offered a nonjudicial adjustment for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old; or

(B) referred to a prosecuting attorney for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old; and

(ii) the judge determines that:

(A) the nonjudicial adjustment requires specific treatment for the sexual offense;

(B) the treatment cannot be completed within 180 days after the day on which the minor entered into the nonjudicial adjustment; and

(C) the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor.

(c) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection (5)(b), the judge may extend the nonjudicial adjustment until the minor completes the specific treatment, but the judge may only grant each extension for 90 days at a time.

(6) If a minor violates Section 76-10-105, the minor may be required to pay a fine or penalty and participate in a court-approved tobacco education program with a participation fee.

Utah Code § 80-6-304

Amended by Chapter 161, 2023 General Session ,§ 26, eff. 5/3/2023.

Amended by Chapter 430, 2022 General Session ,§ 66, eff. 5/4/2022.

Renumbered from § 78A-6-602 and amended by Chapter 261, 2021 General Session ,§ 154, eff. 9/1/2021.

Amended by Chapter 4, 2020SP5 General Session ,§ 38, eff. 7/1/2020.

Amended by Chapter 214, 2020 General Session ,§ 67, eff. 5/12/2020, coordination clause

Amended by Chapter 312, 2020 General Session ,§ 9, eff. 5/12/2020.

Amended by Chapter 214, 2020 General Session ,§ 51, eff. 5/12/2020.

Amended by Chapter 415, 2018 General Session ,§ 122, eff. 3/22/2018.

Amended by Chapter 117, 2018 General Session ,§ 7, eff. 3/16/2018.

Amended by Chapter 330, 2017 General Session ,§ 65, eff. 8/1/2017.

Amended by Chapter 237, 2013 General Session ,§ 45, eff. 5/14/2013.

Amended by Chapter 38, 2010 General Session