Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since September 1, 2018, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R547. Human Services, Juvenile Justice Services.

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

As in effect on September 1, 2018

Table of Contents

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 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.

R547-13-5. 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.

R547-13-6. 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.

R547-13-7. 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 the youth qualifies for detention under some section of this rule.

R547-13-8. Traffic Cases.

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

R547-13-9. Interstate Cases.

(1) Out-of-state youth who are escapees, absconders, and runaways shall be detained in accordance with the provisions of Subsection R547-13-4(2)(c).

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

(3) Out-of-state, non-runaway youth, 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.

R547-13-10. Immigration Cases.

A youth may be detained at a secure detention facility when a lawful detainer or order is presented by United States Immigration and Customs Enforcement (ICE).

R547-13-11. AWOL Military Personnel.

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

R547-13-12. 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 offense(s) shall be admitted to a secure detention facility.

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

September 26, 2017

Notice of Continuation

March 27, 2017

Authorizing, Implemented, or Interpreted Law

62A-7-202; 78A-6-112; 78A-6-113


Additional Information

Contact

For questions regarding the content or application of rules under Title R547, please contact the promulgating agency (Human Services, Juvenile Justice Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.