Section 503 – Criminal information for a minor in juvenile court — Extending juvenile court jurisdiction.
Effective 9/1/2021 80-6-503. Criminal information for a minor in juvenile court — Extending juvenile court jurisdiction. (1) If a prosecuting attorney charges a minor with a felony, the prosecuting attorney may file a criminal information in the juvenile court if the minor was a principal actor in an offense and the information alleges: (a) (i) […]
Section 504 – Preliminary hearing — Grounds for transfer — Detention of a minor bound over to the district court.
Effective 5/4/2022 80-6-504. Preliminary hearing — Grounds for transfer — Detention of a minor bound over to the district court. (1) If a prosecuting attorney files a criminal information in accordance with Section 80-6-503 , the juvenile court shall conduct a preliminary hearing to determine whether a minor should be bound over to the district […]
Section 303 – Criminal proceedings involving minors — Transfer to juvenile court — Exception.
Effective 5/4/2022 80-6-303. Criminal proceedings involving minors — Transfer to juvenile court — Exception. (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or justice court determines that an individual being charged is under 21 years old and was younger than 18 years old at the time of committing the […]
Section 304 – Nonjudicial adjustments.
Effective 5/4/2022 80-6-304. Nonjudicial adjustments. (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, a juvenile probation officer shall make a preliminary inquiry in accordance with Subsections (3), (4), and (5) to determine whether the minor is eligible […]
Section 305 – Petition for a delinquency proceeding — Amending a petition — Continuance.
Effective 9/1/2021 80-6-305. Petition for a delinquency proceeding — Amending a petition — Continuance. (1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in: (a) Subsection (2); (b) Section […]
Section 306 – Plea — Withdrawal of a plea.
Effective 9/1/2021 80-6-306. Plea — Withdrawal of a plea. (1) If a minor is facing a delinquency proceeding under this chapter, the minor may enter: (a) a denial of the alleged offense; (b) an admission of the alleged offense; or (c) with the consent of the juvenile court, a plea of no contest as described […]
Section 307 – Dispositional report required in minors’ cases — Exceptions.
Effective 9/1/2021 80-6-307. Dispositional report required in minors’ cases — Exceptions. (1) A juvenile probation officer, or other agency designated by the juvenile court, shall make a dispositional report in writing in all minors’ cases in which a petition has been filed, except in cases involving violations of traffic laws or ordinances, violations of wildlife […]
Section 401 – Definitions — Competency to proceed.
Effective 5/4/2022 80-6-401. Definitions — Competency to proceed. (1) As used in this part: (a) “Competency” or “competent to proceed” means that a minor has: (i) a present ability to consult with counsel with a reasonable degree of rational understanding; and (ii) a rational as well as factual understanding of the proceedings. (b) “Competency evaluation” […]
Section 402 – Procedure — Standard.
Effective 5/4/2022 80-6-402. Procedure — Standard. (1) When a written motion is filed in accordance with Section 80-6-401 raising the issue of a minor’s competency to proceed, or when the juvenile court raises the issue of a minor’s competency to proceed, the juvenile court shall stay all proceedings under this chapter . (2) (a) If […]
Section 403 – Disposition on finding of not competent to proceed — Subsequent hearings — Notice to prosecuting attorneys.
Effective 5/4/2022 80-6-403. Disposition on finding of not competent to proceed — Subsequent hearings — Notice to prosecuting attorneys. (1) If the juvenile court determines that the minor is not competent to proceed, and there is a substantial likelihood that the minor may attain competency in the foreseeable future, the juvenile court shall notify the […]