80-6-304.5. Prosecutorial review of referral to juvenile court -- Filing a petition.

430 words·~2 min read·/ut/title-80/chapter-6/80-6-304-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(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.

(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

(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