No. 41710 (Amendment): Rule R547-13. Guidelines for Admission to Secure Youth Detention Facilities

(Amendment)

DAR File No.: 41710
Filed: 05/31/2017 04:19:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 239 was enacted in the 2017 General Session and Rule R547-13 needs to be amended by 08/01/2017 to be in compliance with the new law.

Summary of the rule or change:

This rule change amends the current guidelines for Admission to Secure Youth Detention Facilities. Per H.B. 239 (2017), a youth charged with three or more non-status criminal misdemeanor offenses in a single episode will no longer be eligible to be admitted to secure detention unless they meet other admission criteria. New class A against person misdemeanors are added to the list of holdable charges to ensure that youth who pose a serious risk to the community could be admitted to detention. Youth ages ten and eleven can only be admitted to secure detention if they are charged with a violent felony. Other holdable conditions, e.g., youth failed to appear at a court hearing within the past twelve months, are removed from this rule. This rule change continues to promote public safety and hold juvenile offenders accountable.

Statutory or constitutional authorization for this rule:

• Section 62A-1-111
• Section 62A-7-202
• Section 78A-6-112
• Section 78A-6-113

Anticipated cost or savings to:

the state budget:

It is anticipated that implementation of H.B. 239 (2017) will affect detention populations by: 1) reducing the numbers of youth that are eligible for admission to detention by law enforcement as a result of the proposed changes in Rule R547-13 as directed by H.B. 239; 2) reducing the time a youth may be in detention while awaiting placement as directed by H.B. 239; and 3) limiting the number of days court dispositions to detention, such as contempt. The agency is expecting a reduction to detention populations as a result of all aspects of H.B. 239. Variable costs associated with the reduction result in a savings to the agency of approximately $65,800 per year. It is estimated that 34% of that ($22,372) would be attributed to changes in Rule R547-13. Variable costs are defined as those costs directly related to costs that change as a result of population changes. They include items such as client food, client clothing, janitorial supplies, client medical costs, client support costs, household supplies, and laundry costs. It is expected that variable costs will increase in receiving centers as a result of changes to Rule R547-13 but actual costs are unknown at this time.

local governments:

With the changes to Rule R547-13, law enforcement will not be able to take as many youth to detention facilities as they previously have and will instead have the option of taking them to receiving centers. Since receiving centers are located in close proximity to detention facilities, it was determined that this proposed rule change will have no fiscal impact on law enforcement.

small businesses:

The division purchases certain variable operating expense items from business such as client food, client clothing, janitorial supplies, client medical costs, client support costs, household supplies, and laundry costs. As mentioned under state budget costs above, the agency anticipates a reduction in spending of approximately $22,372 per year in variable costs.

persons other than small businesses, businesses, or local governmental entities:

After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal costs to affected persons.

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

Due to a reduction in the number of youth eligible for secure detention, there may be a minimal reduction in business revenue.

Ann Williamson, Executive Director

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

Human Services
Juvenile Justice Services
195 N 1950 W
SALT LAKE CITY, UT 84116

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]
• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• Janene Parry at the above address, by phone at 801-538-4413, 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:

07/17/2017

Interested persons may attend a public hearing regarding this rule:

• 07/12/2017 07:00 PM, Logan Library, Bridger Room, 255 N Main Street, Logan, UT
• 07/11/2017 07:00 PM, Salt Lake City Library, Conference Room, Level 4, 210 E 400 S, Salt Lake City, UT
• 07/10/2017 06:00 PM, City Council Chambers, 175 E 200 N, St. George, UT

This rule may become effective on:

07/25/2017

Authorized by:

Susan Burke, 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 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.

 

R547-13-3. Definitions.

(1) Terms used in this rule are defined in Sections 62A-7-101 and 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.

 

R547-13-4. General Rules.

(1) A youth age 10 or 11 may be detained in a secure detention facility if:

(a) A youth is charged with any felony of Section 76-3-203.5(c), violent felony

[(1)](2) A youth age 12 or over 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) Any class A misdemeanor of Section 76-5-1, offense against the person; assault and related offenses

(iv) Any class A or B misdemeanor of Section 76-10-5, offenses against public health, safety, welfare, and morals; weapon offenses

(v) A class A misdemeanor of Section 76-5-206, negligent homicide

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

[(iv)](vii) Domestic violence (Cohabitant)77-[6]36-1 (4)[(Cohabitant)], as defined in 78B-7-102(2) and (3)

[(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)](viii) Section 76-6-104[(a)](1)(a) or (b), reckless burning which endangers human life

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

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

[(xi)](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.]

(xii) A class A misdemeanor of Section 76-9-702.1, sexual battery

(xiii) A class A misdemeanor of Section 76-5-401.3(2)(c) or (d), unlawful adolescent sexual activity

(xiv) A class A misdemeanor of Section 76-9-702.5, lewdness involving a child

(xv) A class A misdemeanor of Section 76-9-702.7(1), voyeurism with recording device

(xvi) A class A misdemeanor of Section 41-6A-401.3(2), leaving the scene of an accident involving injury

(xvii) A class A misdemeanor of Section 41-6A-503(1)(b)(i) or (ii), driving under the influence involving injury; driving under the influence with a passenger under 16 years of age

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

[(c)](b) 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)](c) 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 R547-13-4(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)](3) 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)](4) No youth under the age of ten years may be detained in a secure detention facility.

 

R547-13-5. 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.

 

R547-13-6. 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]the youth qualifies for detention under some section of this rule.

 

R547-13-7. Traffic Cases.

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

 

R547-13-8. [Transient]Interstate 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)](1) Out-of-state youth[Youth] who are escapees, absconders, and runaways shall be detained in accordance with the provisions of Subsection R547-13-4(1)(d).

[(b)](2) Youth who are out-of-state runaways who commit any non-status criminal offense(s) may be admitted to a secure detention facility.

[(c)](3) 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.

 

R547-13-9. Immigration Cases.

(1) A youth shall be detained at a secure detention facility when admission is requested by United States Immigration and Customs Enforcement (ICE).[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.]

 

R547-13-10. AWOL Military Personnel.

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

 

R547-13-11. 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 non-status criminal code [violation]offense(s) shall be admitted to a secure detention facility.

 

R547-13-12. 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.

 

R547-13-13. 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.

 

R547-13-14. 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, juvenile justice services

Date of Enactment or Last Substantive Amendment: 2017

Notice of Continuation: March 27, 2017

Authorizing, and Implemented or Interpreted Law: 62A-7-202; 78A-6-112; 78A-6-113

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