Section 802 – Commitment to secure care — Rights of individuals in secure care.

• (1) If a youth offender is ordered to secure care under Section 80-6-705, the youth offender shall remain in secure care until the youth offender is:
  • (a) 21 years old;
  • (b) paroled; or
  • (c) discharged.

• (2) If a serious youth offender is ordered to secure care under Section 80-6-705, the serious youth offender shall remain in secure care until the serious youth offender is:
  • (a) 25 years old;
  • (b) paroled; or
  • (c) discharged.

• (3)
  • (a) Subject to Subsection (3)(b), a juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, has the right to:
    • (i) phone the juvenile offender’s or individual’s parent, guardian, or an attorney; and
    • (ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or custodian.
  • (b) The division may:
    • (i) establish a schedule for which a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, may visit or phone a person described in Subsection (3)(a);
    • (ii) allow a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to visit or call persons described in Subsection (3)(a) in special circumstances;
    • (iii) limit the number and length of calls and visits for a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to persons described in Subsection (3)(a) on account of scheduling, facility, or personnel constraints; or
    • (iv) limit the juvenile offender’s or individual’s rights under Subsection (3)(a) if a compelling reason exists to limit the juvenile offender’s or individual’s rights.
  • (c) A juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, shall be advised of the rights described in Subsection (3)(a).

Amended by Chapter 155, 2022 General Session