80-6-802. Commitment to secure care -- Rights of individuals in secure care.
318 words·~1 min read·
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Effective 5/3/2023
80-6-802. 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.
(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 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 139 , 2023 General Session