Juvenile Justice Amendments

30
53G-7-224
53G-8-211
53G-8-501
53G-8-502
53G-8-503
53G-8-504
53G-8-505
53G-8-506
53G-8-507
53G-8-508
53G-8-509.1
53G-8-510
53G-8-511
53G-8-512
53G-8-509
63M-7-208
80-5-102
80-6-104
80-6-303.5
HB0188
HB0301
53G-8-509.1 (05/06/26)
53G-8-211 (05/06/26)
80-6-303.5 (05/06/26)
0
Juvenile Justice Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nicholeen P. Peck
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill amends statutory provisions related to juvenile justice.
Highlighted Provisions:
This bill:
requires a school to refer a minor to a court after a minor has allegedly committed a drug
possession offense for a third time;
defines terms related to offenses committed at school;
amends the notification requirements for an offense committed by a student on school
grounds;
recodifies and amends requirements related to the notification of an offense committed by
a student on school grounds, including statutory provisions addressing investigations,
searches, and immunity;
defines terms for juvenile programming and data reporting requirements;
addresses a minor's eligibility for a nonjudicial adjustment when a referral to a juvenile
court involves certain offenses;
repeals statutes regarding notification and reporting of prohibited acts by students;
makes technical and conforming changes; and
includes a coordination clause to address the cross-reference changes to drug offenses if
this bill and H.B. 301, Drug Recodification, both pass and become law.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
53G-7-224
, as enacted by Laws of Utah 2024, Chapter 20
53G-8-211
, as last amended by Laws of Utah 2025, Chapters 48, 173
53G-8-510
, as last amended by Laws of Utah 2024, Chapter 301
63M-7-208
, as last amended by Laws of Utah 2024, Chapter 240
80-5-102
, as last amended by Laws of Utah 2025, Chapter 88
80-6-104
, as last amended by Laws of Utah 2025, Chapters 173, 208
80-6-303.5
, as last amended by Laws of Utah 2025, Chapters 173, 174 and 208
ENACTS:
53G-8-509.1
, Utah Code Annotated 1953
53G-8-511
, Utah Code Annotated 1953
53G-8-512
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53G-8-513
, (Renumbered from 53G-8-509, as last amended by Laws of Utah 2019,
Chapter 293)
REPEALS:
53G-8-501
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-8-502
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-8-503
, as last amended by Laws of Utah 2019, Chapter 293
53G-8-504
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-8-505
, as last amended by Laws of Utah 2020, Chapter 161
53G-8-506
, as last amended by Laws of Utah 2018, Chapter 117 and renumbered and
amended by Laws of Utah 2018, Chapter 3
53G-8-507
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-8-508
, as last amended by Laws of Utah 2020, Chapter 161
Utah Code Sections Affected by Coordination Clause:
53G-8-509.1 (05/06/26)
, Utah Code Annotated 1953
53G-8-211 (05/06/26)
, as last amended by Laws of Utah 2025, Chapters 48, 173
80-6-303.5 (05/06/26)
, as last amended by Laws of Utah 2025, Chapters 173, 174 and
208
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53G-7-224
is amended to read:
53G-7-224
. Local education agency communication requirements -- Protection.
(1)
As used in this section, "school employee" means the same as that term is defined in
Section
53G-8-510
53G-8-509.1
.
(2)
On or before October 1 of each year, an LEA shall provide the state board with the work
email address of each school employee.
(3)
The state board may email school employees for official communication:
(a)
if the state board provides 48 hours notice to the local superintendent; and
(b)
no more than three times per calendar year.
(4)
The state board:
(a)
may use an employee's email address provided under Subsection
(2)
for official
communication between the state board and the school employee; and
(b)
may not disclose an email address provided under Subsection
(2)
to a third party.
(5)
(a)
Upon request, the state board shall provide the email addresses in Subsection
(2)

to the president of the Senate and the speaker of the House of Representatives.
(b)
The president of the Senate and the speaker of the House of Representatives, by
mutual agreement, may jointly email school employees for official communication
on behalf of the Legislature relating to the teaching profession or education policy in
the state:
(i)
if the president of the Senate and the speaker of the House of Representatives
provide 48 hours notice to the local superintendent; and
(ii)
no more than three times per calendar year.
(c)
The president of the Senate and the speaker of the House of Representatives may not:
(i)
use or allow another individual to use a school employee's email address for
political activity or for any purpose other than as described in Subsection
(5)(b)
;
and
(ii)
disclose and email address provided under Subsection
(2)
to another legislator or
a third party.
Section 2. Section
53G-8-211
is amended to read:
53G-8-211
. Responses to school-based behavior.
(1)
As used in this section:
(a)
"Drug possession offense" means an offense described in Subsection
58-37-8(2)(a)(i)
.
(a)
(b)
"Evidence-based" means a program or practice that:
(i)
has had multiple randomized control studies or a meta-analysis demonstrating that
the program or practice is effective for a specific population;
(ii)
has been rated as effective by a standardized program evaluation tool; or
(iii)
is created and developed by a school or school district and has been approved by
the state board.
(b)
(c)
"Habitual truant" means a school-age child who:
(i)
is in grade 7 or above, unless the school-age child is under 12 years old;
(ii)
is subject to the requirements of Section
53G-6-202
; and
(iii)
(A)
is truant at least 20 days during one school year; or
(B)
fails to cooperate with efforts on the part of school authorities to resolve the
school-age child's attendance problem as required under Section
53G-6-206
.
(c)
(d)
"Minor" means the same as that term is defined in Section
80-1-102
.
(i)
(e)
"Mobile crisis outreach team" means the same as that term is defined in Section
26B-5-101
.
(d)
(f)
"Prosecuting attorney" means the same as that term is defined in Subsections
80-1-102(66)(b)
and (c).
(e)
(g)
"Restorative justice program" means a school-based program or a program used
or adopted by a local education agency that is designed:
(i)
to enhance school safety, reduce school suspensions, and limit referrals to law
enforcement agencies and courts; and
(ii)
to help minors take responsibility for and repair harmful behavior that occurs in
school.
(f)
(h)
"School administrator" means a principal of a school.
(g)
(i)
"School is in session" means a day during which the school conducts instruction
for which student attendance is counted toward calculating average daily membership.
(h)
(j)
"School resource officer" means a law enforcement officer, as defined in Section
53-13-103
, who contracts with, is employed by, or whose law enforcement agency
contracts with a local education agency to provide law enforcement services for the
local education agency.
(i)
(k)
"School-age child" means the same as that term is defined in Section
53G-6-201
.
(j)
(l)
(i)
"School-sponsored activity" means an activity, fundraising event, club,
camp, clinic, or other event or activity that is authorized by a specific local
education agency or public school, according to LEA governing board policy, and
satisfies at least one of the following conditions:
(A)
the activity is managed or supervised by a local education agency or public
school, or local education agency or public school employee;
(B)
the activity uses the local education agency's or public school's facilities,
equipment, or other school resources; or
(C)
the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or Minimum School
Program dollars.
(ii)
"School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
(k)
(m)
(i)
"Status offense" means an offense that would not be an offense but for the
age of the offender.
(ii)
"Status offense" does not mean an offense that by statute is a misdemeanor or
felony.
(2)
This section applies to:
(a)
a minor who is alleged to be a habitual truant; and
(b)
a minor enrolled in school who is alleged to have committed an offense on school
property where the student is enrolled:
(i)
when school is in session; or
(ii)
during a school-sponsored activity.
(3)
If a minor is alleged to have committed an offense on school property that is a class C
misdemeanor, an infraction, or a status offense, or a minor is alleged to be a habitual
truant, the school administrator, the school administrator's designee, or a school resource
officer shall refer the minor:
(a)
to an evidence-based alternative intervention, including:
(i)
a mobile crisis outreach team;
(ii)
a youth services center, as defined in Section
80-5-102
;
(iii)
a certified youth court, as defined in Section
80-6-901
, or comparable restorative
justice program;
(iv)
an evidence-based alternative intervention created and developed by the school
or school district;
(v)
an evidence-based alternative intervention that is jointly created and developed by
a local education agency, the state board, the juvenile court, local counties and
municipalities, the Department of Health and Human Services;
(vi)
a tobacco cessation or education program if the offense is a violation of Section
76-9-1106
; or
(vii)
truancy mediation; or
(b)
for prevention and early intervention youth services, as described in Section
80-5-201
,
by the Division of Juvenile Justice and Youth Services if the minor refuses to
participate in an evidence-based alternative intervention described in Subsection
(3)(a)
.
(4)
Except as provided in Subsection
(6)
, if a minor is alleged to have committed an offense
on school property that is a class C misdemeanor, an infraction, or a status offense, a
school administrator, the school administrator's designee, or a school resource officer
may refer a minor to a law enforcement officer or agency or a court only if:
(a)
the minor allegedly committed an offense on school property on a previous occasion;
and
(b)
the minor was referred to an evidence-based alternative intervention, or to prevention
or early intervention youth services, as described in Subsection
(3)
for the previous
offense.
(5)
If a minor is alleged to be a habitual truant, a school administrator, the school
administrator's designee, or a school resource officer may only refer the minor to a law
enforcement officer or agency or a court if:
(a)
the minor was previously alleged of being a habitual truant at least twice during the
same school year; and
(b)
the minor was referred to an evidence-based alternative intervention, or for
prevention and early intervention youth services, as described in Subsection
(3)
for at
least two of the previous habitual truancies.
(6)
If a minor is alleged to have committed a traffic offense that is an infraction, a school
administrator, the school administrator's designee, or a school resource officer may refer
the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for
the traffic offense.
(7)
Notwithstanding Subsections
(4)
and
(5)
, a school resource officer may:
(a)
investigate possible criminal offenses and conduct, including conducting probable
cause searches;
(b)
consult with school administration about the conduct of a minor enrolled in a school;
(c)
transport a minor enrolled in a school to a location if the location is permitted by law;
(d)
take temporary custody of a minor in accordance with Section
80-6-201
; or
(e)
protect the safety of students and the school community, including the use of
reasonable and necessary physical force when appropriate based on the totality of the
circumstances.
(8)
(a)
If a minor is referred to a court or a law enforcement officer or agency under
Subsection
(4)
or
(5)
, the school or the school district shall appoint a school
representative to continue to engage with the minor and the minor's family through
the court process.
(b)
A school representative appointed under Subsection
(8)(a)
may not be a school
resource officer.
(c)
A school district or school shall include the following in the school district's or
school's referral to the court or the law enforcement officer or agency:
(i)
attendance records for the minor;
(ii)
a report of evidence-based alternative interventions used by the school before the
referral, including outcomes;
(iii)
the name and contact information of the school representative assigned to
actively participate in the court process with the minor and the minor's family;
(iv)
if the minor was referred to prevention or early intervention youth services under
Subsection
(3)(b)
, a report from the Division of Juvenile Justice and Youth
Services that demonstrates the minor's failure to complete or participate in
prevention and early intervention youth services under Subsection
(3)(b)
; and
(v)
any other information that the school district or school considers relevant.
(d)
A minor referred to a court under Subsection
(4)
or
(5)
may not be ordered to or
placed in secure detention, including for a contempt charge or violation of a valid
court order under Section
78A-6-353
:
(i)
when the underlying offense is a status offense or infraction; or
(ii)
for being a habitual truant.
(e)
If a minor is referred to a court under Subsection
(4)
or
(5)
, the court may use, when
available, the resources of the Division of Juvenile Justice and Youth Services or the
Office of Substance Use and Mental Health to address the minor.
(9)
(a)
If a minor is alleged to have committed an offense on school property that is a
class B misdemeanor or a class A misdemeanor, the school administrator, the school
administrator's designee, or a school resource officer may refer the minor directly to a
court or to the evidence-based alternative interventions in Subsection
(3)(a)
.
(b)
A school administrator, the school administrator's designee, or a school resource
officer shall refer a minor directly to a court if:
(i)
the minor is alleged to have committed a drug possession offense on school
property; and
(ii)
the minor has allegedly committed a drug possession offense on school property
on at least two previous occasions.
(10)
A school administrator, a school administrator's designee, and a school resource officer
retain the discretion described under this section in relation to Title 63G, Chapter 31,
Distinctions on the Basis of Sex.
Section 3. Section
53G-8-509.1
is enacted to read:
5. Notification of Offenses at School
53G-8-509.1
. Definitions for part.
As used in this part:
(1)
"Drug offense" means an offense described in Section
58-37-8
.
(2)
"School" means a public or private elementary or secondary school.
(3)
"School employee" means an individual working in the individual's capacity as:
(a)
a school teacher;
(b)
a school staff member;
(c)
a school administrator; or
(d)
an individual:
(i)
who is employed, directly or indirectly, by a school, an LEA governing board, or a
school district; and
(ii)
who works on a school campus.
(4)
"School is in session" means the same as that term is defined in Section
53E-3-516
.
(5)
"School-sponsored activity" means the same as that term is defined in Section
53E-3-516
.
Section 4. Section
53G-8-510
is amended to read:
53G-8-510
. Notification of an offense committed by a student on school grounds
-- Immunity from civil and criminal liability.
(1)
As used in this section:
(a)
"Minor" means the same as that term is defined in Section
80-1-102
.
(b)
"School employee" means an individual working in the individual's capacity as:
(i)
a school teacher;
(ii)
a school staff member;
(iii)
a school administrator; or
(iv)
an individual:
(A)
who is employed, directly or indirectly, by a school, an LEA governing
board, or a school district; and
(B)
who works on a school campus.
(c)
"School is in session" means the same as that term is defined in Section
53E-3-516
.
(d)
"School-sponsored activity" means the same as that term is defined in Section
53E-3-516
.
(2)
(1)
If a
minor
student allegedly
commits an offense on school grounds when school is
in session or at a school-sponsored activity and that information is reported to, or known
by, a school employee, the school employee shall notify the principal.
(3)
(2)
After receiving a notification under Subsection
(2)
(1)
, the principal shall notify:
(a)
a law enforcement officer or agency if the principal may refer the offense to a law
enforcement officer or agency as described in Section
53G-8-211
;
and
(b)
school or district personnel if the principal determines that school or district
personnel should be informed
.
; and
(c)
the student's legal parent or guardian.
(4)
A person who in good faith reports information under Subsection (2) or (3) and any
person who receives the information is immune from any liability, civil or criminal, that
might otherwise result from the reporting or receipt of the information.
(3)
The principal may not disclose to the student, or the student's legal parent or guardian,
the identity of the school employee who made the initial notification under Subsection
(1)
.
(4)
The identity of a school employee who notifies a principal under Subsection
(1)
shall be
kept confidential, except that the identity of a school employee may be disclosed to a
law enforcement officer or agency for purposes of an investigation or prosecution.
Section 5. Section
53G-8-511
is enacted to read:
53G-8-511
. Investigations into allegations -- Searches -- Evidence.
(1)
(a)
If the principal is notified of an alleged drug offense that involves school property,
a student, or a school employee, the principal may conduct an administrative
investigation, or authorize an administrative investigation into, the alleged drug
offense, including a search on school property in accordance with Subsection
(2)
,
before the principal notifies a law enforcement officer or agency.
(b)
The principal shall report and deliver any evidence discovered in an investigation
described in Subsection
(1)(a)
to a law enforcement officer or agency when the
principal notifies the law enforcement officer or agency of the alleged drug offense.
(2)
(a)
A search under Subsection
(1)(a)
on school property shall be based on a
reasonable belief that the search will turn up evidence of the drug offense.
(b)
The measures adopted for the search shall be reasonably related to the objectives of
the search and not excessively intrusive in light of the circumstances, including the
age and sex of the individual involved and the nature of the offense.
(3)
If an offense involving an electronic cigarette product may not be referred, or is not
referred, to a law enforcement officer or agency under Section
53G-8-211
, an LEA shall
dispose of or destroy the seized electronic cigarette product in accordance with the
LEA's policies adopted under Subsection
53G-8-203(3)
.
(4)
Evidence of an offense on school property is admissible in civil and criminal actions if
the evidence is seized by school authorities acting alone and on their own authority.
Section 6. Section
53G-8-512
is enacted to read:
53G-8-512
. Immunity from civil or criminal liability.
(1)
A school employee or principal who in good faith reports information under Subsection
53G-8-510(1)
or
(2)
is immune from any liability, civil or criminal, that might otherwise
result from the reporting or receipt of the information.
(2)
A school employee or a principal making a notification or conducting an investigation,
in good faith, under the direction of school or law enforcement authorities under this
part, is immune from any liability, civil or criminal, that otherwise might result by
reason of that action.
Section 7. Section
53G-8-513
, which is renumbered from Section 53G-8-509 is renumbered
and amended to read:
53G-8-509
53G-8-513
. State board rules to ensure protection of individual
rights.
(1)
The state board and LEA governing boards shall adopt rules or policies
to
implement Sections
53G-8-505
through
53G-8-508
to address the standards and
procedures for student searches under this part
.
(2)
The rules or policies shall establish procedures to ensure protection of individual rights
against excessive and unreasonable intrusion.
Section 8. Section
63M-7-208
is amended to read:
63M-7-208
. Juvenile justice oversight -- Delegation -- Effective dates.
(1)
As used in this section, "juvenile recidivism" means the same as that term is defined in
Section
80-6-104
.
(1)
(2)
The
State Commission on Criminal and Juvenile Justice
commission
shall:
(a)
support implementation and expansion of evidence-based juvenile justice programs
and practices, including assistance regarding implementation fidelity, quality
assurance, and ongoing evaluation;
(b)
examine and make recommendations on the use of third-party entities or an
intermediary organization to assist with implementation and to support the
performance-based contracting system authorized in Subsection
(1)(m)
(2)(m)
;
(c)
oversee the development of performance measures to track juvenile justice reforms,
and ensure early and ongoing stakeholder engagement in identifying the relevant
performance measures;
(d)
evaluate currently collected data elements throughout the juvenile justice system and
contract reporting requirements to streamline reporting, reduce redundancies,
eliminate inefficiencies, and ensure a focus on
recidivism reduction
the reduction of
juvenile recidivism
;
(e)
review averted costs from reductions in out-of-home placements for juvenile justice
youth placed with the Division of Juvenile Justice and Youth Services and the
Division of Child and Family Services, and make recommendations to prioritize the
reinvestment and realignment of resources into community-based programs for youth
living at home, including the following:
(i)
statewide expansion of:
(A)
juvenile receiving centers, as defined in Section
80-1-102
;
(B)
mobile crisis outreach teams, as defined in Section
26B-5-101
;
(C)
youth courts; and
(D)
victim-offender mediation;
(ii)
statewide implementation of nonresidential diagnostic assessment;
(iii)
statewide availability of evidence-based programs and practices including
cognitive behavioral and family therapy programs for minors assessed by a
validated risk and needs assessment as moderate or high risk;
(iv)
implementation and infrastructure to support the sustainability and fidelity of
evidence-based juvenile justice programs, including resources for staffing,
transportation, and flexible funds; and
(v)
early intervention programs such as family strengthening programs, family
wraparound services, and proven truancy interventions;
(f)
assist the Administrative Office of the Courts in the development of a statewide
sliding scale for the assessment of fines, fees, and restitution, based on the ability of
the minor's family to pay;
(g)
analyze the alignment of resources and the roles and responsibilities of agencies,
such as the operation of early intervention services, receiving centers, and diversion,
and make recommendations to reallocate functions as appropriate, in accordance with
Section
80-5-401
;
(h)
comply with the data collection and reporting requirements under Section
80-6-104
;
(i)
develop a reasonable timeline within which all programming delivered to minors in
the juvenile justice system must be evidence-based or consist of practices that are
rated as effective for reducing
juvenile
recidivism by a standardized program
evaluation tool;
(j)
provide guidelines to be considered by the Administrative Office of the Courts and
the Division of Juvenile Justice and Youth Services in developing tools considered
by the Administrative Office of the Courts and the Division of Juvenile Justice and
Youth Services in developing or selecting tools to be used for the evaluation of
juvenile justice programs;
(k)
develop a timeline to support improvements to juvenile justice programs to achieve
reductions in
juvenile
recidivism and review reports from relevant state agencies on
progress toward reaching that timeline;
(l)
subject to Subsection
(2)
(3)
, assist in the development of training for juvenile
justice stakeholders, including educators, law enforcement officers, probation staff,
judges, Division of Juvenile Justice and Youth Services staff, Division of Child and
Family Services staff, and program providers;
(m)
subject to Subsection
(3)
(4)
, assist in the development of a performance-based
contracting system, which shall be developed by the Administrative Office of the
Courts and the Division of Juvenile Justice and Youth Services for contracted
services in the community and contracted out-of-home placement providers;
(n)
assist in the development of a validated detention risk assessment tool that is
developed or adopted and validated by the Administrative Office of the Courts and
the Division of Juvenile Justice and Youth Services as provided in Section
80-5-203
;
and
(o)
annually issue and make public a report to the governor, president of the Senate,
speaker of the House of Representatives, and chief justice of the Utah Supreme Court
on the progress of the reforms and any additional areas in need of review.
(2)
(3)
Training described in Subsection
(1)(l)
(2)(l)
should include instruction on
evidence-based programs and principles of juvenile justice, such as risk, needs,
responsivity, and fidelity, and shall be supplemented by the following topics:
(a)
adolescent development;
(b)
identifying and using local behavioral health resources;
(c)
cross-cultural awareness;
(d)
graduated responses;
(e)
Utah juvenile justice system data and outcomes; and
(f)
gangs.
(3)
(4)
The system described in Subsection
(1)(m)
(2)(m)
shall provide incentives for:
(a)
the use of evidence-based juvenile justice programs and practices rated as effective
by the tools selected in accordance with Subsection
(1)(j)
(2)(j)
;
(b)
the use of three-month timelines for program completion; and
(c)
evidence-based programs and practices for minors living at home in rural areas.
(4)
(5)
The
State Commission on Criminal and Juvenile Justice
commission
may delegate
the duties imposed under this section to a subcommittee or board established by the
State Commission on Criminal and Juvenile Justice
commission
in accordance with
Subsection
63M-7-204(2)
.
Section 9. Section
80-5-102
is amended to read:
80-5-102
. Definitions.
As used in this chapter:
(1)
"Account" means the Juvenile Justice Reinvestment Restricted Account created in
Section
80-5-302
.
(2)
(a)
"Adult" means an individual who is 18 years old or older.
(b)
"Adult" does not include a juvenile offender.
(3)
"Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
1351.1.
(4)
"Authority" means the Youth Parole Authority created in Section
80-5-701
.
(5)
"Control" means the authority to detain, restrict, and supervise a juvenile offender in a
manner consistent with public safety and the well-being of the juvenile offender and
division employees.
(6)
"Cross-sex hormone treatment" means the same as that term is defined in Section
26B-4-1001
.
(7)
"Director" means the director of the Division of Juvenile Justice and Youth Services.
(8)
"Discharge" means the same as that term is defined in Section
80-6-102
.
(9)
"Division" means the Division of Juvenile Justice and Youth Services created in Section
80-5-103
.
(10)
"Homeless youth" means a child, other than an emancipated minor:
(a)
who is a runaway; or
(b)
who is:
(i)
not accompanied by the child's parent or guardian; and
(ii)
without care, as defined in Section
80-5-602
.
(11)
"Housing unit" means an area with secured entrances, minor rooms, and common area
space.
(12)
"Minor room" means a secured room where an individual sleeps and uses restroom
facilities.
(13)
"Observation and assessment program" means a nonresidential service program
operated or purchased by the division that is responsible only for diagnostic assessment
of minors, including for substance use disorder, mental health, psychological, and sexual
behavior risk assessments.
(14)
"Performance based contracting" means a system of contracting with service providers
for the provision of residential or nonresidential services that:
(a)
provides incentives for the implementation of evidence-based juvenile justice
programs or programs rated as effective for reducing
juvenile
recidivism
, as defined
in Section
80-6-104
,
by a standardized tool in accordance with Section
63M-7-208
;
and
(b)
provides a premium rate allocation for a minor who receives the evidence-based
dosage of treatment and successfully completes the program within three months.
(15)
"Puberty inhibition drug treatment" means administering, prescribing, or supplying for
effectuating or facilitating an individual's attempted sex change, any of the following
alone or in combination with aromatase inhibitors:
(a)
gonadotropin-releasing hormone agonists; or
(b)
androgen receptor inhibitors.
(16)
"Primary sex characteristic surgical procedure" means the same as that term is defined
in Section
26B-4-1001
.
(17)
"Rescission" means the same as that term is defined in Section
80-6-102
.
(18)
"Restitution" means the same as that term is defined in Section
80-6-102
.
(19)
"Revocation" means the same as that term is defined in Section
80-6-102
.
(20)
"Secondary sex characteristic surgical procedure" means the same as that term is
defined in Section
26B-4-1001
.
(21)
"Temporary custody" means the same as that term is defined in Section
80-6-102
.
(22)
"Temporary homeless youth shelter" means a facility that:
(a)
provides temporary shelter to homeless youth; and
(b)
is licensed by the Department of Health and Human Services, created in Section
26B-1-201
, as a residential support program.
(23)
"Termination" means the same as that term is defined in Section
80-6-102
.
(24)
"Victim" means the same as that term is defined in Section
80-6-102
.
(25)
"Work program" means a nonresidential public or private service work project
established and administered by the division for juvenile offenders for the purpose of
rehabilitation, education, and restitution to victims.
(26)
(a)
"Youth services" means services provided in an effort to resolve family conflict:
(i)
for families in crisis when a minor is ungovernable or a runaway; or
(ii)
involving a minor and the minor's parent or guardian.
(b)
"Youth services" include efforts to:
(i)
resolve family conflict;
(ii)
maintain or reunite minors with the minors' families; and
(iii)
divert minors from entering or escalating in the juvenile justice system.
(c)
"Youth services" may provide:
(i)
crisis intervention;
(ii)
short-term shelter;
(iii)
time-out placement; and
(iv)
family counseling.
(27)
"Youth services center" means a center established by, or under contract with, the
division to provide youth services.
Section 10. Section
80-6-104
is amended to read:
80-6-104
. Data collection on offenses committed by minors -- Reporting
requirement.
(1)
As used in this section:
(a)
"Diversion" means:
(i)
an agreement between an individual and a juvenile probation officer that results in
the resolution of a referral for an offense before a petition is filed; or
(ii)
an agreement between an individual and a prosecuting attorney that results in the
dismissal of charges for an offense before a conviction.
(a)
(b)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(b)
(c)
"Firearm-related offense" means a criminal offense involving a firearm.
(d)
"Juvenile recidivism" means a diversion, adjudication, or conviction of an individual
for an offense within six months, one year, two years, and three years after the day on
which:
(i)
the individual accepted a nonjudicial adjustment; or
(ii)
the juvenile court ordered a disposition for the individual resulting in secure care,
community-based placement, formal probation, or intake probation.
(e)
"School" means the same as that term is defined in Section
80-6-103
.
(f)
"School-based offense" means any infraction, misdemeanor, or felony offense that
occurs at school when school is in session, at the location of a school-sponsored
activity during the activity, or on school district transportation, including a school bus.
(g)
"School-based referral" means the referral of a minor under Section
53G-8-211
for a
school-based offense.
(h)
"School-based recidivism" means a diversion, adjudication, or conviction of an
individual for a school-based offense within six months, one year, two years, and
three years after the day on which:
(i)
the individual accepted a nonjudicial adjustment for a school-based offense; or
(ii)
the juvenile court ordered a disposition for the individual resulting in secure care,
community-based placement, formal probation, or intake probation.
(c)
(i)
"School is in session" means the same as that term is defined in Section
53E-3-516
.
(d)
(j)
"School-sponsored activity" means the same as that term is defined in Section
53E-3-516
.
(2)
Before July 1 of each year, the Administrative Office of the Courts shall submit the
following data to the State Commission on Criminal and Juvenile Justice, broken down
by judicial district, for the preceding calendar year:
(a)
the number of referrals to the juvenile court;
(b)
the number of minors diverted to a nonjudicial adjustment;
(c)
the number of minors that satisfy the conditions of a nonjudicial adjustment;
(d)
the number of minors for whom a petition for an offense is filed in the juvenile court;
(e)
the number of minors for whom an information is filed in the juvenile court;
(f)
the number of minors bound over to the district court by the juvenile court;
(g)
the number of petitions for offenses committed by minors that were dismissed by the
juvenile court;
(h)
the number of adjudications in the juvenile court for offenses committed by minors;
(i)
the number of guilty pleas entered into by minors in the juvenile court;
(j)
the number of dispositions resulting in secure care, community-based placement,
formal probation, and intake probation; and
(k)
for each minor charged in the juvenile court with a firearm-related offense:
(i)
the minor's age at the time the offense was committed or allegedly committed;
(ii)
the minor's zip code at the time that the offense was referred to the juvenile court;
(iii)
whether the minor is a restricted person under Subsection
76-11-302(4)
or
76-11-303(4)
;
(iv)
the type of offense for which the minor is charged;
(v)
the outcome of the minor's case in juvenile court, including whether the minor
was bound over to the district court or adjudicated by the juvenile court; and
(vi)
if a disposition was entered by the juvenile court, whether the disposition
resulted in secure care, community-based placement, formal probation, or intake
probation.
(3)
The State Commission on Criminal and Juvenile Justice shall track the disposition of a
case resulting from a firearm-related offense committed, or allegedly committed, by a
minor when the minor is found in possession of a firearm while school is in session or
during a school-sponsored activity.
(4)
In collaboration with the Administrative Office of the Courts, the division, and other
agencies, the State Commission on Criminal and Juvenile Justice shall collect data for
the preceding calendar year on:
(a)
the length of time that minors spend in the juvenile justice system, including the total
amount of time minors spend under juvenile court jurisdiction, on community
supervision, and in each out-of-home placement;
(b)
recidivism of minors who are diverted to a nonjudicial adjustment and minors for
whom dispositions are ordered by the juvenile court
juvenile recidivism
, including
tracking minors into the adult corrections system;
(c)
school-based recidivism;
(d)
school-based referrals;
(c)
(e)
changes in aggregate risk levels from the time minors receive services, are under
supervision, and are in out-of-home placement; and
(d)
(f)
dosages of programming.
(5)
On and before October 1 of each year, the State Commission on Criminal and Juvenile
Justice shall prepare and submit a written report to the Judiciary Interim Committee and
the Law Enforcement and Criminal Justice Interim Committee that includes:
(a)
data collected by the State Commission on Criminal and Juvenile Justice under this
section;
(b)
data collected by the State Board of Education under Section
53E-3-516
; and
(c)
recommendations for legislative action with respect to the data described in this
Subsection
(5)
.
(6)
After submitting the written report described in Subsection
(5)
, the State Commission
on Criminal and Juvenile Justice may supplement the report at a later time with updated
data and information the State Board of Education collects under Section
53E-3-516
.
(7)
Nothing in this section shall be construed to require the disclosure of information or
data that is classified as controlled, private, or protected under Title 63G, Chapter 2,
Government Records Access and Management Act.
Section 11. Section
80-6-303.5
is amended to read:
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
Sections
76-9-112
,
76-12-306
,
76-12-307
,
or
76-12-309
, or Title 76, Chapter 5,
Offenses Against the Individual.
(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:
(i)
a felony offense; or
(ii)
a misdemeanor violation of:
(A)
Section
41-6a-502
, driving under the influence;
(B)
Subsection
58-37-8(1)(a)(ii)
, distributing a controlled or counterfeit substance,
or agreeing, consenting, offering, or arranging to distribute a controlled
substance;
(C)
Subsection
58-37-8(1)(a)(iii)
, possessing a controlled or counterfeit substance
with intent to distribute;
(B)
(D)
Section
76-5-107
, threat of violence;
(C)
(E)
Section
76-5-107.1
, threats against schools;
(D)
(F)
Section
76-5-112
, reckless endangerment creating a substantial risk of
death or serious bodily injury;
(E)
(G)
Section
76-5-206
, negligent homicide;
(F)
(H)
Section
76-5-418
, sexual battery;
(I)
Section
76-5-401.3
, unlawful adolescent sexual activity;
(G)
(J)
Section
76-5d-204
, patronizing a prostituted individual who is a child;
(H)
(K)
Section
76-5d-211
, sexual solicitation by an actor offering compensation
to a child in exchange for sexual activity;
(I)
(L)
Section
76-11-205
, carrying a dangerous weapon at an elementary school
or secondary school;
(J)
(M)
Section
76-11-206
, carrying a dangerous weapon at a daycare;
(K)
(N)
Section
76-11-207
, threatening with or using a dangerous weapon in a
fight or quarrel;
(L)
(O)
Section
76-11-208
, possession of a dangerous weapon with criminal
intent; or
(M)
(P)
Section
76-11-211
, 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
76-11-210
, 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
.
Section 12.
Repealer.
Definitions.
Mandatory reporting of prohibited acts.
Reporting procedure.
Immunity from civil or criminal liability.
Definitions.
Reporting of prohibited acts affecting a school -- Confidentiality.
Immunity from civil or criminal liability.
Admissibility of evidence in civil and criminal actions.
Section 13.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 14.
Coordinating H.B. 188 with H.B. 301.
If H.B. 188, Juvenile Justice Amendments, and H.B. 301, Drug Recodification, both
pass and become law, the Legislature intends that, on May 6, 2026:
(1) Subsection 53G-8-211(1)(a) enacted in H.B. 188 be amended to read:
"(a) "Drug possession offense" means unlawfully possessing or using a controlled
substance or controlled substance analog as described in Section 76-18-207.";
(2) Subsection 53G-8-509.1(1) enacted in H.B. 188 be amended to read:
"(1) "Drug offense" means an offense for:
(a) unlawfully possessing or using a controlled substance or controlled substance analog
as described in Section 76-18-207;
(b) unlawfully producing, manufacturing, or dispensing a controlled substance or
counterfeit substance as described in Section 76-18-208;
(c) unlawfully distributing or agreeing to distribute a controlled substance or counterfeit
substance as described in Section 76-18-209;
(d) unlawfully possessing a controlled substance or counterfeit substance with intent to
distribute as described in Section 76-18-210;
(e) unlawfully engaging in a continuing criminal enterprise involving drugs as described
in Section 76-18-211;
(f) unlawfully allowing possession, use, or distribution of a controlled substance on the
premises as described in Section 76-18-212;
(g) unlawful possession of an altered or forged prescription or order for a controlled
substance as described in Section 76-18-213;
(h) unlawful use of a license number in the course of manufacturing or distributing a
controlled substance as described in Section 76-18-214;
(i) unlawful misrepresentation as an authorized person to obtain a controlled substance
described in Section 76-18-215;
(j) unlawful conduct to obtain a controlled substance as described in Section 76-18-216;
(k) unlawfully prescribing or dispensing a controlled substance to a person known to be
using unlawful means as described in Section 76-18-217;
(l) unlawfully making, forging, altering, or uttering a prescription or a written order as
described in Section 76-18-218; or
(m) unlawful materials to create a counterfeit controlled substance as described in
Section 76-18-219."; and
(3) Subsection 80-6-303.5(8) in H.B. 188 be amended to read:
"
(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:
(i) a felony offense; or
(ii) a misdemeanor violation of:
(A) Section 41-6a-502, driving under the influence;
(B) Section 76-18-209, unlawfully distributing or agreeing to distribute a
controlled substance or counterfeit substance;
(C) Section 76-18-210, unlawfully possessing a controlled substance or
counterfeit substance with intent to distribute;
(B)
(D)
Section 76-5-107, threat of violence;
(C)
(E)
Section 76-5-107.1, threats against schools;
(D)
(F)
Section 76-5-112, reckless endangerment creating a substantial risk of
death or serious bodily injury;
(E)
(G)
Section 76-5-206, negligent homicide;
(H) Section 76-5-401.3, unlawful adolescent sexual activity;
(F)
(I)
Section 76-5-418, sexual battery;
(G)
(J)
Section 76-5d-204, patronizing a prostituted individual who is a child;
(H)
(K)
Section 76-5d-211, sexual solicitation by an actor offering compensation
to a child in exchange for sexual activity;
(I)
(L)
Section 76-11-205, carrying a dangerous weapon at an elementary school
or secondary school;
(J)
(M)
Section 76-11-206, carrying a dangerous weapon at a daycare;
(K)
(N)
Section 76-11-207, threatening with or using a dangerous weapon in a
fight or quarrel;
(L)
(O)
Section 76-11-208, possession of a dangerous weapon with criminal
intent; or
(M)
(P)
Section 76-11-211, 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 76-11-210, felony discharge of a firearm.
".
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