Utah Admin. Code R356-4-2 - Definitions

Terms used in this rule include:

(1) "compliance monitor" means the Commission on Criminal and Juvenile Justice's JJDPA Compliance Monitor;

(2) "adult jail" means a locked facility, administered by State, county or local law enforcement and correctional agencies, the purpose of which is to detain adults charged with violating criminal law, pending trial, including facilities used to hold convicted adult criminal offenders sentenced for less than one year, but not including a court holding facility;

(3) "adult lockup" means a locked facility similar to an adult jail except that an adult lockup is generally a municipal or police facility of a temporary nature which does not hold persons after they have been formally charged, not including a court holding facility;

(4) "detain or confine" means to hold, keep, or restrain a person such that the person is not free to leave, or such that a reasonable person would believe that the person is not free to leave, except that a juvenile held by law enforcement solely for the purpose of returning the juvenile to the juvenile's parent or guardian or pending the juvenile's transfer to the custody of a child welfare or social service agency is not detained or confined within the meaning of this definition;

(5) "JJDPA" means the Juvenile Justice and Delinquency Prevention Act found in 42 U.S.C. Sec. 5633;

(6) "juvenile" means a child under the age of 18 years old;

(7) "juvenile facility" means a shelter, detention facility, receiving center, or other youth services center, as defined by Section 62A-7-101;

(8) "low density population" means ten or less people per square mile;

(9) "medical emergency" means any health condition, which requires immediate attention by medical professionals;

(10) "sight and sound separation" means incarcerated juveniles must be located or arranged as to be completely separated from incarcerated adults, including adult inmate trustees, by sight and sound barriers to prohibit:

(a) clear visual contact between incarcerated adults and juveniles within close proximity to each other; and

(b) direct oral communication between incarcerated adults juveniles; and

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

Notes

Utah Admin. Code R356-4-2

Adopted by Utah State Bulletin Number 2018-2, effective 1/2/2018