Delinquency Services Summary
Combination State: The state operates most delinquency services for youth in Utah; however, responsibility is divided between the executive and judicial branches. The State Juvenile Court Administrator employs juvenile probation officers to provide intake, investigation, and community supervision services in the State's judicial districts. The Department of Human Services, Division of Juvenile Justice Services administers the state's secure detention centers, secure confinement residential centers, contracts for residential and non-residential community-based services, and aftercare supervision.

Court(s) with Delinquency Jurisdiction
Juvenile Courts exercise jurisdiction over delinquency proceedings in each of Utah’s eight judicial districts. Juvenile Courts are limited or special jurisdiction trial courts on the same level with the general jurisdiction trial court in the state (i.e., District Courts). For more information, visit the Know Your Courts section of the Utah State Courts web site.

Highlights

Utah's Case Management Model
The State Juvenile Court and the Department of Human Services, Division of Juvenile Justice Services (JJS) developed a statewide Utah Juvenile Justice Case Management Model based on Functional Family Probation Resource Services (FFP/RS). FFP/RS is a subset of case management skills based upon Functional Family Therapy—one of several "Blueprints for Violence Prevention" model programs. The State Juvenile Court and JJS implemented a Protective and Risk Assessments (PRA) tool with research support designed into the updated information system that the two agencies share (explained in the next highlight).

New Juvenile Information System: Court and Agencies Record Exchange (CARE)
Utah launched a new statewide web-based juvenile justice information system in November 2005. The system is shared by the Juvenile Court (probation) and the Division of Juvenile Justice Services. The new system automates functions previously performed by hand and adds functionality for increasing duties of the juvenile court, especially in the area of child welfare. CARE also supports Utah’s Case Management Model (described above) by integrating the model’s Protective and Risk Assessment instrument.

Race and Juvenile Sentencing in Utah
Utah has established juvenile sentencing guidelines that are helping inform discussions concerning the influence of race in juvenile dispositions. The Utah Commission on Criminal and Juvenile Justice published Race and Juvenile Sentencing in Utah, a 2003 study on the application of juvenile sentencing guidelines. Results indicated that minority youth with similar offenses and delinquent backgrounds are more likely to receive severe dispositions than their white counterparts. A state court implementation commission, the Utah Commission on Racial and Ethnic Fairness in the Criminal and Juvenile Justice System, supports advancing juvenile sentencing guideline research to further isolate the influence of race from other offender characteristics (see the Commission’s 2004 Implementation Report).

Detention
The Department of Human Services, Division of Juvenile Justice Services (JJS) administers the state's detention centers. JJS currently operates 11 secure detention facilities and a range of alternatives to detention, including home detention programs and a highly structured work camp. An evaluation of two Utah detention alternatives is available on the Utah Commission on Criminal and Juvenile Justice web site. Counties are not required to contribute directly to the operating costs of secure detention services, as the state allocates detention funding directly to JJS.

In addition, JJS has established a network of 12 non-secure “receiving centers” across the state as an option for law enforcement when youth do not meet detention guidelines, but require the attention of the justice or social services systems (e.g., a parent or guardian is not available).

The primary purpose for secure detention in Utah is to hold youth prior to adjudication and disposition. Predisposition holds may be indefinite, although holds over 48 hours require a hearing before a juvenile court judge. Youth can also be sentenced to secure detention for up to 30 days on an “Order to Detention as a Sentence” or an "Order to Detention for Contempt" (78A-6-117). Youth who violate probation can receive up to 30 days on either a detention sentence or contempt order.

Juvenile probation officers are required to contact youth on a weekly basis while they are in detention, regardless of their status. Admissions to secure detention in Utah are based upon statute guidelines (78A-6-113) and administrative regulations, but currently are not managed with a detention risk assessment tool.

Delinquency Intake Screening
Under state statutes, the juvenile court may receive delinquency referrals from any person. However, law enforcement sends the majority of referrals, followed by school districts. The local prosecutor in the county where the offense took place is responsible for delinquency intake. While prosecutors control the process, local arrangements for managing delinquency intake vary across the state. For example, in the three most populous counties (Salt Lake, Weber, and Davis), the prosecutor screens referrals for felony offenses and drafts and files felony petitions. In rural counties, the juvenile probation officer generally screens all of the referrals, prepares the petitions, and files them with the court. In these counties, the prosecutor only handles the most serious or sensational cases. Where juvenile probation officers are making most of the intake decisions and drafting petitions, they frequently consult the local prosecutor for advice on a case-by-case basis. Regardless of local arrangements for delinquency intake, prosecutors retain the final decision-making authority for filing petitions.

Diversion
Juvenile probation officers can divert cases from court through a "non-judicial adjustment." In this process, a petition is never drafted, and the juvenile probation officer handles the case without a court appearance. Statewide probation standards limit the types of cases eligible for the non-judicial process to first or second referrals to the court for minor offenses, generally class B misdemeanors or lesser offenses. Further, the resources available to support diversion with intervention or treatment services vary by community. Non-judicial adjustments are limited to 90 days without court authorization. Thereafter, the court can extend the period for a maximum additional 90 days (78-3a-502(2)(c)).

Youth courts are another diversion option for schools and law enforcement. Currently, over 40 youth courts exist across the state. Each is sponsored by a local government, school, or law enforcement entity. The Utah Youth Court Diversion Act defines the jurisdiction and powers of youth courts, and the Utah Youth Court Project web site provides more information.

Predisposition Investigation
Juvenile probation officers employed by the State Juvenile Court and working in district offices conduct predisposition studies. Utah utilizes a Protective and Risk Assessment (PRA) instrument to evaluate risk and protective factors of all youth referred to the Juvenile Court. The tool was adapted from one used in Washington State and currently helps juvenile probation officers identify risk factors and develop service recommendations. The State Court is in the process of validating the risk to re-offend tool with empirical research on case outcomes.

Juvenile Sentencing Guidelines
When developing disposition recommendations, juvenile probation officers are required by statute to consider sentencing guidelines developed by the Utah Sentencing Commission. The requirement was implemented in 1997 and focuses on early intervention, consistent application of sanctions, and intensive supervision. The guidelines are premised on the belief that earlier, more intensive intervention will deter youth from delinquent behavior and keep them from penetrating further into the system. The goals of the guidelines are greater community protection, more equitable application of sanctions, and greater predictability of resource needs for agencies that care for delinquent youth. Juvenile probation officers must consider sentencing guidelines in developing predisposition recommendations and justify any departures from the guidelines with aggravating and mitigating factors. Juvenile court judges are not bound by guidelines for actual case disposition. The Juvenile Sentencing Guidelines Manual is available on the Utah Commission on Criminal and Juvenile Justice web site.

Victim Rights and Services
Utah’s Victim Bill of Rights (Utah Code Ann. 77-38-1 through 77-38-4) specifically extends rights to the victims of juvenile violence, including a right to receive hearing notices, the right to attend and be heard at important court hearings, the right to a speedy trial and disposition of the case, and the right to object to the expungement of a petition.

The Utah State Court provides a victim coordinator in each location to help guide victims through the process. The Utah State Court Victim Services web page provides information for victims of juvenile crime, including contact information for juvenile court victim coordinators, and guides for familiarizing victims with juvenile court procedures and terminology and victim rights in juvenile court proceedings.

The Utah Commission on Criminal and Juvenile Justice, Office of Crime Victim Reparations administers the state’s victim compensation program. The Office also administers and monitors a network of victim services across the state.

The Utah Youth Parole Authority initiated a victim program in 1996 for victims to personally appear at YPA administrative hearings, communicate with the YPA through written correspondence, be informed of hearing outcomes, and request a no contact order as a condition of parole. Additional information is available on the Youth Parole Authority web site.

Probation Supervision
Juvenile probation officers are employed by the State Juvenile Court and work in district offices to provide probation supervision for caseloads exclusively comprised of juvenile offenders.

A written "correctional plan" is developed for each youth disposed to juvenile probation. A full protective and risk assessment guides the plan, which outlines expectations of the minor and parents to successfully complete probation. Every correctional plan must address the balanced and restorative justice principles of community protection, offender accountability, and competency development. Both the youth and his or her parents must sign the correctional plan. In addition to the goals of the correctional plan, the juvenile court judge will often add specific conditions for probation (e.g., fines and restitution). Although the development of correctional plans is based upon a case assessment process, scores on the instrument are not tied to offender supervision levels on juvenile probation.

Youth placed on probation must have in-court reviews at least every six months, and the court may retain jurisdiction of the case until the offender's 21st birthday. Beyond age 21, the court retains authority only to collect previously ordered fines and restitution.

With regard to specialized probation supervision, Utah has two levels of probation by statute: state supervision probation and regular probation. The legislature created state supervision probation as an intensive level of community supervision and included a budget to fund the creation of new positions to reduce caseloads and purchase special intervention services (e.g., cognitive behavioral programs). Caseload sizes range from 10 for intensive state supervision cases to 25 for regular probation.

Across the state, juvenile probation officers have considerable contact with schools, with several of the probation districts having offices in schools.

The State Juvenile Court has a statewide Juvenile Probation Policy and Procedure Manual. A committee updates the manual as needed.

At the state level, a number of agencies, including the State Juvenile Court and the Division of Juvenile Justice Services, have created a research consortium with the University of Utah to evaluate juvenile justice programs, including juvenile probation. A product of this collaboration is a 2001 evaluation of infusing additional probation staff resources, thereby reducing caseloads and increasing supervision or contact levels for intermediate supervision level cases.

Juvenile Probation Officer Qualifications, Certification, and Training
Juvenile probation officers are required to have a minimum of a bachelor's degree for employment. Each officer is required to attend a one-week Basic Orientation and Certification Academy within the first four months of employment. The Judicial Education Institute of the State Court administers the Academy at its training center in Salt Lake City. The Judicial Education Institute also offers continuing training programs for juvenile probation officers. The costs of training are considered in the State Juvenile Court budget.

Ongoing training is mandatory for juvenile probation officers. Each year, officers must attend mandatory classes and a series of elective classes to meet this requirement.

Juvenile Corrections Continuum
The Department of Human Services, Division of Juvenile Justice Services administers the state's secure confinement centers and contracts for residential and non-residential community-based services. These programs include community alternatives, day/night reporting centers, receiving centers, observation and assessment programs, multi-use facilities, a work camp, secure facilities, and case management/parole. The JJS web site provides information on the full range of community based treatment and secure care resources operated by JJS (under "Programs and Services").

Commitment to State
When committing a youth to the Division of Juvenile Justice Services (JJS), the juvenile court designates either secure confinement or a range of non-secure options. With regard to commitments for non-secure options, the court may designate the type of option (e.g., community-based residential), and JJS must consider the court's expectations when developing a service plan. However, commitments are indeterminate, and JJS has the authority to determine the specifics of a service plan. Commitments for non-secure options transfer at this level are for legal custody to the agency, but the court retains jurisdiction and may review the case as frequently as every three months and maintains the authority to terminate these commitments.

Commitments for JJS secure confinement are also indeterminate in length, and the court loses jurisdiction of the case and can only exert authority if new charges are filed in all but the most unusual circumstances. Therefore, the JJS and the Youth Parole Authority (YPA) are responsible for all further handling of the case after a commitment is made, including decisions for length of commitment, which are guided through a process of administrative hearings and the application of a placement matrix described in the Release section below. Youth are assigned JJS case managers for supervision while in placement and parole officers to assist with community reentry.

JJS has implemented the Protective and Risk Assessment (PRA) to structure placement and treatment decisions for youth. The tool is integrated into the state’s juvenile justice case management information system, and JJS case managers are required to periodically update it as a youth moves through JJS programs toward parole.

Regardless of commitment option, the maximum age that either the court, JJS, or the Youth Parole Authority has jurisdiction is through the individual's 20th year. At age 21, each agency's jurisdiction ends, except for the court's authority to collect fines and restitution.

Serious Youth Offenders
In 1995, Utah enacted Serious Youth Offender legislation, designed to move some youth beyond the juvenile justice system. The law was intended to provide more severe sanctions for the most serious juvenile offenders and to remove them from costly juvenile programs that appeared to be having little impact. Utah's Criminal and Juvenile Justice Consortium has examined the impact of the law and published The Impact of the Serious Youth Offender Law (2001) and Serious Youth Offender Update (2002).

Blended Sentencing
Utah does not have blended sentencing provisions.

Direct Placement
Very few private placements are made in Utah. The courts do not have private placement budgets, and the high per diem costs of most private facilities prevent parents from affording these options. Most private provider options are through contracts for services with the Division of Juvenile Justice Services (JJS). Therefore, virtually all placements to residential facilities involve transferring custody to JJS, the public agency charged with the treatment and secure confinement of delinquent youth.

In the rare event of a direct placement, a juvenile probation officer supervises the youth while in placement through a probation order. Release is generally determined by completion of the program as determined by the juvenile court during a placement review. The agency working with the minor prior to and during the placement is responsible for aftercare—juvenile probation if the youth has a probation order.

Release
The Youth Parole Authority (YPA) establishes the terms of secure confinement and has sole authority to release youth from Division of Juvenile Justice Services custody to parole. YPA is comprised of 10 part-time citizen members appointed by the Governor to 4-year terms. Release decisions are highly structured in Utah through a series of YPA administrative hearings and procedures that are outlined on the YPA web site. For example, at the initial hearing, the YPA applies a placement guideline matrix to determine the number of months a youth will spend in secure care. Subsequent review hearings are held every six months to consider progress and adjust the treatment plan. Youth must meet individual guideline requirements and must succeed in a trial placement before being granted parole.

Aftercare/Re-entry
The Division of Juvenile Justice Services (JJS) is also responsible for the aftercare supervision of juveniles released from secure juvenile institutions by the Youth Parole Authority (YPA). Aftercare is called conditional release or parole in Utah. Youth are granted a "conditional release" in Utah by meeting the length of stay guidelines of YPA and the JJS treatment plan. All youth in JJS custody have a case manager to help the youth work on their treatment plan and prepare for re-entry, and a parole officer who will provide community supervision.

A JJS parole officer can return a youth to secure placement for violating the conditions of release.

Utah is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Utah's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
The core of the statutes governing court proceedings in delinquency proceedings is contained in Title 78A. Judiciary and Judical Adminstration, Chapter 6 Juvenile Court Act of 1996. The Utah Rules of Juvenile Procedure support statutes requirements with additional structure for delinquency and dependency cases.

Utah State Bar

Purpose Clause for Delinquency Proceedings
To read Utah's purpose clause for delinquency proceedings, click here.

Delinquency Jurisdiction (as of the end of the 2007 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 20; may be extended until the juvenile pays all restitution.

Juvenile Transfer Laws
For information on Utah's juvenile transfer laws, click here.

Juvenile Justice Leadership

Utah Board of Juvenile Justice
The Governor established the Utah Board of Juvenile Justice under the Juvenile Justice and Delinquency Prevention Act to guide the expenditure of State and federal funds for juvenile justice. The State Advisory Group's activities include initiatives for legal representation of minority youth and gender specific programs.

Utah Board of Juvenile Court Judges
The Utah State Court has a standing board of juvenile court judges to advance juvenile justice issues in the state. A list of board members is available on the web site of the Utah State Court by selecting Boards and Committees.

Utah Commission on Criminal and Juvenile Justice
Established in the Utah Governor’s Office, the Commission on Criminal and Juvenile Justice (CCJJ) guides the statewide strategy for both the criminal and juvenile justice system. The CCJJ web site is a central location for juvenile justice crime statistics and research and information concerning funding, victims, and sentencing practices. The web site also provides information concerning the activities of the Utah Board of Juvenile Justice and Utah’s Criminal and Juvenile Justice Consortium (also described in the Juvenile Justice Leadership section).

Utah Criminal and Juvenile Justice Consortium
The Criminal and Juvenile Justice Consortium is a network of university professors and juvenile justice administrators established to provide a greater range and depth of research activities specific to Utah’s criminal and juvenile justice systems.

Voices for Utah Children
Established in 1999, Voices for Utah Children is a non-profit advocacy agency for children in the state. The agency monitors legislation that impacts the welfare of children, produces Utah’s Kids Count compilation of child well-being indicators, and publishes a newsletter series.

Resources/Contacts
Department of Human Services, Juvenile Justice Services
Utah Board of Juvenile Court Judges
Utah Board of Juvenile Justice
Utah Commission on Criminal and Juvenile Justice
Utah Criminal and Juvenile Justice Consortium
Utah State Bar
Utah State Courts
Voices for Utah Children
Youth Parole Authority