Juvenile Court Amendments

8
80-6-704
80-6-711
0
Juvenile Court Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tiara Auxier
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill modifies provisions related to juvenile courts.
Highlighted Provisions:
This bill:
allows a juvenile court to conditionally suspend a minor's order for detention under
certain circumstances; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
80-6-704
, as last amended by Laws of Utah 2024, Chapter 256
80-6-711
, as last amended by Laws of Utah 2022, Chapter 155
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
80-6-704
is amended to read:
80-6-704
. Detention or alternative to detention -- Limitations.
(1)
(a)
The juvenile court may order a minor to detention, or an alternative to detention,
if the minor is adjudicated for:
(i)
an offense under Section
80-6-701
; or
(ii)
contempt of court under Section
78A-6-353
.
(b)
Except as provided in Subsection
78A-6-353(4)
, and subject to the juvenile court
retaining continuing jurisdiction over a minor's case, the juvenile court may order a
minor to detention, or an alternative to detention, under Subsection
(1)(a)
for a period
not to exceed 30 cumulative days for an adjudication.
(c)
If a minor is held in detention before an adjudication, the time spent in detention
before the adjudication shall be credited toward the 30 cumulative days eligible as a
disposition under Subsection
(1)(b)
.
(d)
If a minor spent more than 30 days in detention before a disposition, the juvenile
court may not order the minor to detention under this section.
(2)
(a)
An
Except as provided in Subsection
(2)(b)
, an
order for detention under
Subsection
(1)
may not be suspended upon conditions ordered by the juvenile court.
(b)
If a minor is adjudicated for an offense and the juvenile court orders the minor to
detention, the juvenile court may suspend:
(i)
up to five days of that detention upon conditions ordered by the juvenile court; or
(ii)
up to 30 days of that detention upon conditions ordered by the juvenile court if,
for a prior adjudication of an offense, a juvenile court:
(A)
ordered the minor to detention;
(B)
suspended any portion of the detention in accordance with Subsection
(2)(b)(i)
;
and
(C)
imposed any portion of the detention suspended under Subsection
(2)(b)(i)
.
(c)
A suspended disposition under Subsection (2)(b) may not be imposed without:
(i)
notice to the minor and the minor's counsel; and
(ii)
a hearing.
(3)
A juvenile court may not order a minor to detention for:
(a)
contempt of court, except to the extent permitted under Section
78A-6-353
;
(b)
a violation of probation;
(c)
failure to pay a fine, fee, restitution, or other financial obligation;
(d)
unfinished compensatory or community service hours;
(e)
an infraction; or
(f)
a status offense.
(4)
A juvenile court may not order a minor be placed in a correctional facility that is
intended to hold adults accused or convicted of offenses as an alternative to detention
under Subsection
(1)
.
(5)
(a)
If a minor is held in detention under this section, the minor is eligible to receive
credit for good behavior against the period of detention.
(b)
The rate of credit is one day of credit for good behavior for every three days spent in
detention.
(6)
(a)
A minor may not be held in secure detention following a disposition by the
juvenile court:
(i)
under Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
(ii)
except as provided in Subsection
(6)(b)
, for a community-based program.
(b)
If a minor is awaiting placement by the division under Section
80-6-703
, a minor
may not be held in secure detention for longer than 72 hours, excluding weekends
and holidays.
(c)
The period of detention under Subsection
(6)(b)
may be extended by the juvenile
court for a cumulative total of seven calendar days if:
(i)
the division, or another agency responsible for placement, files a written petition
with the juvenile court requesting the extension and setting forth good cause; and
(ii)
the juvenile court enters a written finding that it is in the best interests of both the
minor and the community to extend the period of detention.
(d)
The juvenile court may extend the period of detention beyond the seven calendar
days if the juvenile court finds, by clear and convincing evidence, that:
(i)
the division, or another agency responsible for placement, does not have space for
the minor; and
(ii)
the safety of the minor and community requires an extension of the period of
detention.
(e)
The division, or the agency with custody of the minor, shall report to the juvenile
court every 48 hours, excluding weekends and holidays, regarding whether the
division, or another agency responsible for placement, has space for the minor.
(f)
The division, or agency, requesting an extension shall promptly notify the detention
facility that a written petition has been filed.
(g)
The juvenile court shall promptly notify the detention facility regarding the juvenile
court's initial disposition and any ruling on a petition for an extension, whether
granted or denied.
Section 2. Section
80-6-711
is amended to read:
80-6-711
. Suspending a disposition.
(1)
Except as
otherwise
provided in Subsection
(2)
or Subsection
80-6-704(2)(b)
, a
juvenile court may not suspend a disposition ordered under this part.
(2)
(a)
If a minor qualifies for commitment to the division under Section
80-6-703
, the
juvenile court may suspend a disposition for commitment to the division in lieu of
immediate commitment, upon the condition that the minor commit no new
misdemeanor or felony offense within 90 days after the day on which the juvenile
court suspends the disposition for commitment.
(b)
The duration of a suspended disposition under Subsection
(2)(a)
may not:
(i)
exceed 90 days after the day on which the juvenile court suspends the disposition
for commitment; and
(ii)
be extended under any circumstance.
(3)
The juvenile court may only lift a suspension of a disposition under Subsection
(2)(a)
:
(a)
following adjudication of a new misdemeanor or felony offense committed by the
minor during the period of suspension set out under Subsection
(2)(a)
;
(b)
if a new assessment or evaluation has been completed and the assessment or
evaluation recommends that a higher level of care is needed and nonresidential
treatment options have been exhausted or nonresidential treatment options are not
appropriate; or
(c)
if, after a notice and a hearing, the juvenile court finds:
(i)
a new or previous evaluation recommends a higher level of treatment; and
(ii)
the minor willfully failed to comply with a lower level of treatment and has been
unsuccessfully discharged from treatment.
(4)
A suspended disposition under Subsection
(1)
may not be imposed without:
(a)
notice to the minor and the minor's counsel; and
(b)
a hearing.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-26-26 8:39 AM