Section 80-6-304.5 - Prosecutorial review of referral to juvenile court - Filing a petition(1) A prosecuting attorney shall review a referral to the juvenile court for an offense committed by a minor if: (a) the prosecuting attorney is requested to review the referral under Section 80-6-303.5;(b) the minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment; or(c) the minor is not offered or declines a nonjudicial adjustment.(2)(a) Upon review of a referral of an offense under Subsection (1), the prosecuting attorney shall:(i) dismiss the referral;(ii) send the referral back to the juvenile probation officer for a new attempt at a nonjudicial adjustment if the minor's case is eligible for a nonjudicial adjustment under Section 80-6-303.5; or(iii) except as provided in Subsection (5), file a petition with the juvenile court.(b) Upon review of a referral for habitual truancy under Subsection (1), the prosecuting attorney shall dismiss the referral.(3) A prosecuting attorney may only file a petition under Subsection (2)(a)(iii) upon reasonable belief that: (a) the charges are supported by probable cause;(b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and(c) the decision to charge is in the interests of justice.(4) If a minor has substantially complied with the other conditions of a nonjudicial adjustment or conditions imposed through any other court diversion program, the minor's failure to pay a fine or fee as a condition of the nonjudicial adjustment or program may not serve as a basis for filing of a petition.(5) A prosecuting attorney may not file a petition against a minor unless: (a) the prosecuting attorney has statutory authority to file the petition under Section 80-6-305; and(b)(i) the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5;(ii) the minor declines a nonjudicial adjustment;(iii) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; or(iv) the minor fails to respond to the juvenile probation officer's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry.(6) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is commenced against a minor under Section 80-6-302, the juvenile court may refer the case to the juvenile probation officer for another offer of nonjudicial adjustment if the minor is eligible for a nonjudicial adjustment under Section 80-6-303.5.Amended by Chapter 301, 2024 General Session ,§ 23, eff. 5/1/2024.Added by Chapter 161, 2023 General Session ,§ 27, eff. 5/3/2023.