Utah Admin. Code R356-4-3 - Detention or Confinement of a Juvenile in an Adult Jail or Lockup

(1) A juvenile may be detained or confined in an adult jail or lockup only if:

(a) all other options for placement have been exhausted and there is no alternative that will protect the juvenile or the community;

(b) the requirements outlined in Utah Administrative Code R547-13-4 Guidelines for Admission to Secure Youth Detention Facilities are met;

(c) the adult jail or lockup provides for the sight and sound separation of juvenile and adult inmates;

(d) the purpose of the detention or confinement is:

(i) identification;

(ii) interrogation;

(iii) processing;

(iv) notification of juvenile court officials; or

(v) to allow adequate time to arrange the juvenile's:

(A) transfer to a juvenile facility if appropriate ; or

(B) release to a parent or other responsible adult; and

(e) the adult jail or lockup has been certified by the compliance monitor.

(2) A juvenile may not be detained or confined in an adult jail or lockup for any of the following reasons:

(a) ungovernable or runaway behavior;

(b) neglect, abuse, abandonment, dependency, or other situation, which requires protection of the juvenile;

(c) status offenses, not including offenses involving weapons; or

(d) attempted suicide.

(3) This rule does not apply to a juvenile:

(a) charged with a crime under Section 78A-6-701;

(b) bound over to the jurisdiction of the district court as a serious youth offender under Section 78A-6-702; or

(c) certified to stand trial as an adult pursuant to Section 78A-6-703.

(4) A juvenile under the age of 12 may not be detained or confined in an adult jail or lockup unless the juvenile:

(a) is age 10 or 11; and

(b) has been charged with a violent felony violation under Section 76-3-203.5(c).

(5)

(a) A juvenile detained or confined in an adult jail or lockup shall be released to the care of a parent or other responsible adult unless:

(i) the immediate welfare or the protection of the community requires the continued detention or confinement of the juvenile; or

(ii) it is unsafe for the juvenile or the public to release the juvenile to the care of the parents, guardian or custodian.

(b) If the juvenile should continue to be detained or confined, the adult jail or lockup shall arrange for the transfer of the juvenile to an appropriate juvenile facility as soon as practicable.

(c) If a juvenile is transferred to a juvenile facility, a report shall be prepared which indicates the reason why the juvenile was not released and detention or confinement was continued.

(6) In addition to any other requirements under this rule, a juvenile may not be detained or confined in an adult jail unless:

(a) the adult jail is located in an area with a low-density population;

(b) the county in which the adult jail is located does not have a juvenile facility that meets the needs of the juvenile; and

(c) the detention is less than 6 hours.

(7) In addition to any other requirements under this rule, a juvenile may not be detained or confined in an adult lockup for more than two hours.

Notes

Utah Admin. Code R356-4-3

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