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Utah Code Title 80. Utah Juvenile Code § 80-6-304.5. Prosecutorial review of referral to juvenile court--Filing a petition

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(2)(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

(b)(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.

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Cite this article: FindLaw.com - Utah Code Title 80. Utah Juvenile Code § 80-6-304.5. Prosecutorial review of referral to juvenile court--Filing a petition - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-80-utah-juvenile-code/ut-code-sect-80-6-304-5/

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