Utah Administrative Code (Current through November 1, 2019) |
R547. Human Services, Juvenile Justice Services |
R547-13. Guidelines for Admission to Secure Youth Detention Facilities |
R547-13-4. General Rules
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(1) A youth age 10 or 11 may be detained in a secure detention facility if arrested for any felony violation of Section 76-3-203.5(c), violent felony
(2) A youth age 12 or over may be detained in a secure detention facility if:
(a) A youth is arrested for any of the following state or federal equivalent criminal offenses:
(i) Any offense which would be a felony if committed by an adult;
(ii) Any attempt, conspiracy, or solicitation to commit a felony offense;
(iii) Any class A misdemeanor violation of 76-5 Part 1, offense against the person; assault and related offenses;
(iv) Any class A or B misdemeanor violation of 76-10 Part 5, offenses against public health, safety, welfare, and morals; weapon offenses;
(v) A class A misdemeanor violation of Section 76-5-206, negligent homicide;
(vi) A class A misdemeanor violation of Section 58-37-8(1)(b)(iii), a controlled substance violation;
(vii) Any criminal offense defined as domestic violence (cohabitant) by 77-36-1(4), and 78B-7-102(2) and (3);
(viii) A class A or B misdemeanor violation of Section 76-6-104(1)(a) or (b), reckless burning which endangers human life;
(ix) A class A misdemeanor violation of Section 76-6-105, causing a catastrophe;
(x) A class A misdemeanor violation of 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 misdemeanor violation of Section 76-9-702.1, sexual battery;
(xiii) A class A misdemeanor violation of Section 76-5-401.3(2)(c) or (d), unlawful adolescent sexual activity;
(xiv) A class A misdemeanor violation of Section 76-9-702.5, lewdness involving a child;
(xv) A class A misdemeanor violation of Section 76-9-702.7(1), voyeurism with recording device;
(xvi) A class A misdemeanor violation of Section 41-6A-401.3(2), leaving the scene of an accident involving injury; and
(xvii) A class A misdemeanor violation 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) The youth is an escapee or absconder from a Juvenile Justice Services secure facility or community placement.
(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/email from a law enforcement officer or a verified call/FAX/email from the institution) to hold, pending return to the other jurisdiction, whether or not an offense is currently charged.
(3) A youth not otherwise qualified for admission to 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; or
(d) attempted suicide.
(4) No youth under the age of ten years may be detained in a secure detention facility.