Utah Admin. Code R547-13-3 - General Rules
(1) A minor under
the age of 12 may not be detained in a secure detention facility, unless the
minor is arrested for any of the following state or federal equivalent criminal
offenses:
(a) Section
76-5-103, aggravated assault
resulting in serious bodily injury to another;
(b) Section
76-5-202, aggravated murder or
attempted aggravated murder;
(c)
Section 76-5-203, murder or attempted
murder;
(d) Section
76-5-302, aggravated
kidnapping;
(e) Section
76-5-405, aggravated sexual
assault;
(f) Section
76-6-103, aggravated
arson;
(g) Section
76-6-203, aggravated
burglary;
(h) Section
76-6-302, aggravated robbery;
or
(i) Section
76-10-508.1, felony discharge of a
firearm.
(2) No child
under the age of ten may be detained in a secure detention facility, except as
authorized by the director. The director may authorize a child under the age of
ten to be detained for up to 48 hours, excluding weekends and holidays, under
extraordinary circumstances.
(a) Extraordinary
circumstances exist when:
(i) a child under
the age of ten is arrested for any of the state or federal equivalent criminal
offenses listed in Subsections
R547-13-3(1)(a)
through R547-13-3(1)(i);
(ii) releasing the child under the age of ten
to a parent, guardian, or custodian presents an unreasonable risk to public
safety; and
(iii) there is no less
restrictive alternative placement available.
(b) If the director makes a finding of
extraordinary circumstance, as described in Subsection
R547-13-3(2)(a),
the finding shall be provided to the court before the probable cause
determination required under Utah Rules of Juvenile Procedure, Section
9(b).
(c) A minor under the age of
ten may be held longer than 48 hours if:
(i) a
juvenile court judge finds detention is warranted; and
(ii) the director determines that the
extraordinary circumstances in Subsection
R547-13-3(2)(a)
continue to exist.
(3) A minor age 12 or over may be detained in
a secure detention facility if:
(a) a minor
is arrested for any of the following state or federal equivalent criminal
offenses;
(i) any offense that 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 Section 76-10-5, use of a firearm or
other dangerous weapon;
(v) a class
A misdemeanor violation of Section
76-5-206, negligent
homicide;
(vi) a class A
misdemeanor violation of Subsection
58-37-8(1)(b)(iii),
a controlled substance violation;
(vii) any criminal offense defined as
domestic violence by Subsections
77-36-1(4) and
78B-7-102(5)(a) and
(b);
(viii) a class A or B misdemeanor violation
of Subsection
76-6-104(1)(a) or
(b), reckless burning that endangers human
life;
(ix) a class A misdemeanor
violation of Section
76-6-105, causing a
catastrophe;
(x) a class A
misdemeanor violation of Subsection
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 Subsection
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 Subsection
76-9-702.7(1),
voyeurism with recording device;
(xvi) a class A misdemeanor violation of
Subsection
41-6A-401.3(2), leaving the scene
of an accident involving injury; and
(xvii) a class A misdemeanor violation of
Subsection
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 minor is an
escapee or absconder from a Juvenile Justice and Youth Services secure facility
or community placement; or
(c) the
minor 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
National Crime Information Center verification, a telephone call, fax, or email
from a law enforcement officer or a verified call, fax, or email from the
institution, to hold, pending return to the other jurisdiction, whether or not
an offense is currently charged.
(4) A minor not otherwise qualified for
admission to a secure detention facility may 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 or consumption of alcohol, tobacco, minor-in-a-tavern,
truancy; or
(d) attempted
suicide.
Notes
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