No. 31912 (Amendment): R547-13. Guidelines for Admission to Secure Youth Detention Facilities

DAR File No.: 31912
Filed: 09/02/2008, 08:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add an Authority Statement to the rule; and in response to H.B. 78 from the 2008 General Session, the agency is required to change the code citations to match the recodification of Title 78. (DAR NOTE: H.B. 78 (2008) is found at Chapter 3, Laws of Utah 2008, and was effective 02/07/2008.)

Summary of the rule or change:

The Authority Statement has been added. Additionally, the appropriate citation has been updated.

State statutory or constitutional authorization for this rule:

Subsection 62A-7-104(3)(a) and Section 62A-7-202

Anticipated cost or savings to:

the state budget:

None--The changes are for clarification.

local governments:

None--The changes are for clarification.

small businesses and persons other than businesses:

None--The changes are for clarification.

Compliance costs for affected persons:

None--The changes are for clarification.

Comments by the department head on the fiscal impact the rule may have on businesses:

None--The changes are for clarification. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Juvenile Justice Services
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Judy Hammer at the above address, by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2008

This rule may become effective on:

10/22/2008

Authorized by:

Dan Maldonado, Director

RULE TEXT

R547. Human Services, Juvenile Justice Services.

R547-13. Guidelines for Admission to Secure Youth Detention Facilities.

R547-13-1. Authority.

Section 62A-1-111 authorizes the Department of Human Services to adopt administrative rules.

 

R547-13-2. Purpose[, Authority] and Scope.

(1) This rule establishes guidelines for admission to secure detention to meet the requirements of Section 62A-7-202.

(2) This rule shall be applied to youth candidates for placement in all secure detention facilities operated by the Division of Juvenile Justice Services.

 

R547-13-[2]3. Definitions.

(1) Terms used in this rule are defined in Sections 62A-7-101 and [78-3a-103]78A-6-105.

(2) "Status offense" means a violation of the law that would not be a violation but for the age of the offender.

(3) "Youth" means a person age 10 or over and under the age of 21.

 

R547-13-[3]4. General Rules.

(1) A youth may be detained in a secure detention facility if:

(a) A youth is charged with any of the following State or Federal offenses:

(i) Any felony offense

(ii) Any attempt, conspiracy, or solicitation to commit a felony offense

(iii) A class A misdemeanor of Section 58-37-8 (1) (b) (iii), distribution of a controlled substance violation

(iv) Domestic violence 77-66-1 (Cohabitant)

(v) Section 76-5-104(1)(C) Assault, only when the assault is against an individual with whom the youth lives if efforts by law enforcement, in conjunction with the youth's parent or guardian, to safely place the youth with a family member living outside the youth's home are unsuccessful

(vi) Section 76-5-102 (3), assault causing substantial bodily injury

(vii) Section 76-5-104.4, assault on a police officer

(viii) Section 76-6-104 (a), reckless burning which endangers human life

(ix) A class A misdemeanor violation of Section 76-6-105, causing a catastrophe

(x) Section 76-6-106 (2) (b) (i) (a), criminal mischief involving tampering with property that endangers human life

(xi) A class A misdemeanor violation of Section 76-6-406, theft by extortion

(xii) A class A or B misdemeanor violation of Section 76-10-504, carrying a concealed dangerous weapon

(xiii) Section 76-10-505, carrying a loaded firearm

(xiv) Section 76-10-506, threatening with or using a dangerous weapon in a fight or quarrel

(xv) Section 76-10-507, possession of deadly weapon with intent to assault

(xvi) Section 76-10-509, possession of a dangerous weapon by minor

(xvii) Section Violation of Section 76-10-509.4, prohibition of possession of certain weapons by minors

(xviii) A class A or B misdemeanor violation of Section 76-10-509.5, providing certain weapons to a minor

(xix) Section 76-10-1302, prostitution.

(b) None of the alleged offenses are listed in paragraphs R547-13-[3]4 (1) (a), but three or more non-status criminal offenses are currently alleged in a single criminal episode;

(c) The youth is an escapee or absconder from a Juvenile Justice Services secure institution, observation and assessment unit or community placement or state supervision placement.

(d) The youth has been verified as a fugitive (absconder from probation or parole) or a runaway from another state and a formal request has been received (such as a TWX/National Crime Information Center (NCIC) or a telephone call/FAX from a law enforcement officer or a verified call/FAX from the institution) to hold pending return to the other jurisdiction, whether or not an offense is currently charged.

(e) The youth has failed to appear at a court hearing on a criminal offense within the past twelve months

(f) A youth is not detainable under any of the above criteria, but a non-status law violation has been alleged and one of the following documented conditions exist:

(i) The youth's record discloses two or more prior adjudicated offenses listed in paragraphs R547-13-[3]4(1)(a) in which the offenses were found to be true in the past twelve months.

(ii) The youth, under continuing court jurisdiction excluding those whose ONLY involvement is as a victim of abuse, neglect, abandonment, or dependency, has run from court-ordered placement, including his own home.

(iii) The youth has failed to appear at a court hearing within the past twelve months after receiving legal notice and officials have reason to believe that the youth is likely to abscond unless held.

(2) A youth not otherwise qualified for detention in a secure detention facility shall not be detained for any of the following:

(a) ungovernable or runaway behavior;

(b) neglect, abuse, abandonment, dependency, or other status requiring protection for any other reason;

(c) status offenses such as curfew, possession/consumption of alcohol, tobacco, minor-in-a-tavern, truancy;

(d) Attempted suicide.

(3) No youth under the age of ten years may be detained in a secure detention facility.

 

R547-13-[4]5. Juvenile Justice Services' Cases.

A youth who is on parole or involved in a trial placement from a secure facility, and who is detained solely on a warrant from the Division of Juvenile Justice Services may be held in a secure detention facility up to 48 hours excluding weekends and legal holidays.

 

R547-13-[5]6. DCFS Cases.

A youth in the custody or under the supervision of the Division of Child and Family Services (DCFS) cannot be held in a secure detention facility unless he qualifies for detention under some section of this rule.

 

R547-13-[6]7. Traffic Cases.

A youth brought to detention for traffic violation(s) cannot be held in a secure detention facility unless he qualifies for detention under some section of this rule.

 

R547-13-[7]8. Transient Cases.

(1) Intrastate:

(a) A youth may be admitted to a secure detention facility when a court pickup order for detention has been issued.

(b) A youth may be admitted to a secure detention facility only if he is detainable under some section of this rule.

(2) Interstate:

(a) Youth who are escapees, absconders, and runaways shall be detained in accordance with the provisions of Subsection R547-13-[3]4(1)(d).

(b) Youth who are out-of-state runaways who commit any non-status criminal offense(s) may be admitted to a secure detention facility.

(c) Non-runaways, when brought to a secure detention facility with an alleged criminal offense, may be detained or released based on the same criteria which applies to resident youth.

 

R547-13-[8]9. Immigration Cases.

(1) A youth shall be detained at a secure detention facility when admission is requested by Citizenship and Immigration Services (formerly known as Immigration and Naturalization Services (INS)) officials.

(2) An unaccompanied, undocumented youth with an alleged criminal offense may be detained at a secure detention facility when admission is requested by any other law enforcement officer.

(3) Any unaccompanied, undocumented youth having no alleged criminal offense shall be referred to Youth Services when admission to a secure detention facility is requested by a law enforcement officer.

 

R547-13-[9]10. AWOL Military Personnel.

Absent without leave (AWOL) military personnel shall be admitted to a secure detention facility.

 

R547-13-[10]11. Home Detention Cases.

(1) If a home detention violation is alleged, the home detention counselor may cause the alleged violator to be brought to a secure detention facility. If the case involves a violator who is a runaway where a pickup order (Warrant for Custody) has not yet been issued, a law enforcement officer may bring the violator to a secure detention facility. The home detention counselor may then transfer the minor back to the status of home detention, if appropriate, or may authorize the youth to be held in secure detention for a re-hearing.

(2) A youth placed on home detention who is arrested by a law enforcement officer for an alleged criminal code violation(s) shall be admitted to a secure detention facility.

 

R547-13-[11]12. Juvenile Court Warrants for Custody or Pickup Orders.

A youth shall be admitted to a secure detention facility when a juvenile court judge or commissioner has issued a warrant for custody.

 

R547-13-[12]13. Probation Violation - Contempt of Court - Stayed Order for Detention.

A youth may be admitted to a secure detention facility for conditions such as: an alleged probation violation, contempt of court, or a stayed order for detention when it has been ordered by a judge. When it is not possible to get a written order, verbal authorization from a judge to detention is sufficient to hold a youth in a secure detention facility.

 

R547-13-[13]14. Other Court Orders for Detention.

A youth brought to a secure detention facility pursuant to either federal or out-of-state court orders shall be admitted unless otherwise directed by a juvenile court judge.

 

KEY: juvenile corrections, juvenile detention, admission guidelines

Date of Enactment or Last Substantive Amendment: [January 18, 2006]2008

Notice of Continuation: June 4, 2007

Authorizing, and Implemented or Interpreted Law: 62A-7-202; [78-3a-113]78A-6-112; [78-3a-114]78A-6-113