Bill Summary – FastDemocracy

Enrolled Copy                                                                       H.B. 1002
                             JUVENILE JUSTICE AMENDMENTS
                                    2021 FIRST SPECIAL SESSION
                                             STATE OF UTAH
                                 Chief Sponsor: V. Lowry Snow
                                  Senate Sponsor: Todd D. Weiler
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 LONG TITLE
 General Description:
        This bill amends provisions related to juvenile justice.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < provides that certain offenses are not subject to the presumptive time periods for
 termination and parole supervision for juvenile offenders;
        < amends definitions related to minors who are adjudicated for certain kidnap or
 sexual offenses;
        < requires that a minor who is under the jurisdiction of the district court for an offense
 be held in a juvenile detention facility;
        < requires a minor who is committed to prison by the district court be provisionally
 housed with the Division of Juvenile Justice Services until the minor is 21 years
 old; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
        This bill provides revisor instructions.
 Utah Code Sections Affected:
       H.B. 1002
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 AMENDS:
        62A-7-404.5 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
        77-41-102, as last amended by Laws of Utah 2020, Chapter 108
        78A-6-105 (Superseded 09/01/21), as last amended by Laws of Utah 2021, Chapter
 231
        78A-6-703.1 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
        78A-6-703.2 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
        78A-6-703.5 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
        78A-6-703.6 (Superseded 09/01/21), as enacted by Laws of Utah 2020, Chapter 214
        78A-6-705 (Superseded 09/01/21), as last amended by Laws of Utah 2020, Chapter
 214
        80-1-102 (Effective 09/01/21), as last amended by Laws of Utah 2021, Chapter 231 and
 renumbered and amended by Laws of Utah 2021, Chapter 261
        80-6-501 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
 Chapter 261
        80-6-502 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
 Chapter 261
        80-6-504 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
 Chapter 261
        80-6-505 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
 Chapter 261
        80-6-507 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
 Chapter 261
        80-6-804 (Effective 09/01/21), as renumbered and amended by Laws of Utah 2021,
 Chapter 261
54
 Be it enacted by the Legislature of the state of Utah:
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       Enrolled Copy                                                                           H.B. 1002
         Section 1. Section 62A-7-404.5 (Superseded 09/01/21) is amended to read:
         62A-7-404.5 (Superseded 09/01/21). Review and termination of commitment.
         (1) If a juvenile offender has been committed to a secure facility, the juvenile offender
 shall appear before the authority within 45 days after the day on which the juvenile offender is
 committed to a secure facility for review of a treatment plan and to establish parole release
 guidelines.
         (2) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
 presumptive term of commitment for the juvenile offender that does not exceed three to six
 months.
         (b) The authority shall release the juvenile offender on parole at the end of the
 presumptive term of commitment unless at least one the following circumstances exists:
         (i) termination would interrupt the completion of a necessary treatment program; or
         (ii) the juvenile offender commits a new misdemeanor or felony offense.
         (c) The authority shall determine whether a juvenile offender has completed a program
 under Subsection (2)(b)(i) by considering the recommendations of the licensed service
 provider, the juvenile offender's consistent attendance record, and the juvenile offender's
 completion of the goals of the necessary treatment program.
         (d) The authority may extend the length of commitment and delay parole release for the
 time needed to address the specific circumstance if one of the circumstances under Subsection
 (2)(b) exists.
         (e) The authority shall:
         (i) record the length of the extension and the grounds for the extension; and
         (ii) report annually the length and grounds of extension to the commission.
         (3) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
 presumptive term of parole supervision that does not exceed three to four months.
         (b) If the authority determines that a juvenile offender is unable to return home
 immediately upon release, the juvenile offender may serve the term of parole in the home of a
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 qualifying relative or guardian or at an independent living program contracted or operated by
 the division.
         (c) The authority shall release a juvenile offender from parole and terminate
 jurisdiction at the end of the presumptive term of parole, unless at least one the following
 circumstances exists:
         (i) termination would interrupt the completion of a necessary treatment program;
         (ii) the juvenile offender commits a new misdemeanor or felony offense; or
         (iii) restitution has not been completed.
         (d) The authority shall determine whether a juvenile offender has completed a program
 under Subsection (2)(c) by considering the recommendations of the licensed service provider,
 the juvenile offender's consistent attendance record, and the juvenile offender's completion of
 the goals of the necessary treatment program.
         (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
 parole release only for the time needed to address the specific circumstance.
         (f) The authority shall:
         (i) record the grounds for extension of the presumptive length of parole and the length
 of the extension; and
         (ii) report annually the extension and the length of the extension to the commission.
         (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
 shall toll until the juvenile offender returns.
         (4) Subsections (2) and (3) do not apply to a juvenile offender committed to a secure
 facility for [a felony violation of]:
         (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 76-5-205, manslaughter;
         (e) Section 76-5-206, negligent homicide;
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        Enrolled Copy                                                                         H.B. 1002
        (f) Section 76-5-207, automobile homicide;
        (g) Section 76-5-207.5, automobile homicide involving a handheld wireless
 communication device;
        (h) Section 76-5-208, child abuse homicide;
        (i) Section 76-5-209, homicide by assault;
        [(d)] (j) Section 76-5-302, aggravated kidnapping;
        [(e)] (k) Section 76-5-405, aggravated sexual assault;
        [(f)] (l) a felony violation of Section 76-6-103, aggravated arson;
        [(g)] (m) Section 76-6-203, aggravated burglary;
        [(h)] (n) Section 76-6-302, aggravated robbery;
        [(i)] (o) Section 76-10-508.1, felony discharge of a firearm;
        [(j) an offense other than an offense listed in Subsections (4)(a) through (i) involving
 the use of a dangerous weapon:]
        [(i) if the offense would be a felony had an adult committed the offense; and]
        [(ii) the juvenile offender has been previously adjudicated or convicted of an offense
 involving the use of a dangerous weapon that would have been a felony had an adult committed
 the offense; or]
        (p) (i) an offense other than an offense listed in Subsections (4)(a) through (o)
 involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a felony; and
        (ii) the juvenile offender has been previously adjudicated or convicted of an offense
 involving the use of a dangerous weapon, as defined in Section 76-1-601; or
        [(k)] (q) an offense other than an offense listed in Subsections (4)(a) through [(j)] (p)
 and the [minor] juvenile offender has been previously committed to the custody of the Division
 of Juvenile Justice Services for secure confinement.
        (5) (a) The division may continue to have responsibility over a juvenile offender, who
 is discharged under this section from parole, to participate in a specific educational or
 rehabilitative program:
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        (i) until the juvenile offender is:
        (A) if the juvenile offender is a youth offender, 21 years old; or
        (B) if the juvenile offender is a serious youth offender, 25 years old; and
        (ii) under an agreement by the division and the juvenile offender that the program has
 certain conditions.
        (b) The division and the juvenile offender may terminate participation in a program
 under Subsection (5)(a) at any time.
        (c) The division shall offer an educational or rehabilitative program before a juvenile
 offender's discharge date in accordance with this section.
        (d) A juvenile offender may request the services described in this Subsection (5), even
 if the offender has been previously declined services or services were terminated for
 noncompliance.
        (e) Notwithstanding Subsection (5)(c), the division:
        (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
 services described in this Subsection (5) for up to 365 days after the juvenile offender's
 effective date of discharge, even if the juvenile offender has previously declined services or
 services were terminated for noncompliance; and
        (ii) may reach an agreement with the juvenile offender to provide the services
 described in this Subsection (5) until the juvenile offender is:
        (A) if the juvenile offender is a youth offender, 21 years old; or
        (B) if the juvenile offender is a serious youth offender, 25 years old.
        (f) The division and the juvenile offender may terminate an agreement for services
 under this Subsection (5) at any time.
        Section 2. Section 77-41-102 is amended to read:
        77-41-102. Definitions.
        As used in this chapter:
        (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
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        Enrolled Copy                                                                           H.B. 1002
 Safety established in section 53-10-201.
          (2) "Business day" means a day on which state offices are open for regular business.
          (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
 Identification showing that the offender has met the requirements of Section 77-41-112.
          (4) "Department" means the Department of Corrections.
          (5) "Division" means the Division of Juvenile Justice Services.
          (6) "Employed" or "carries on a vocation" includes employment that is full time or part
 time, whether financially compensated, volunteered, or for the purpose of government or
 educational benefit.
          (7) "Indian Country" means:
          (a) all land within the limits of any Indian reservation under the jurisdiction of the
 United States government, regardless of the issuance of any patent, and includes rights-of-way
 running through the reservation;
          (b) all dependent Indian communities within the borders of the United States whether
 within the original or subsequently acquired territory, and whether or not within the limits of a
 state; and
          (c) all Indian allotments, including the Indian allotments to which the Indian titles have
 not been extinguished, including rights-of-way running through the allotments.
          (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
 property under the jurisdiction of the United States military, Canada, the United Kingdom,
 Australia, or New Zealand.
          (9) "Kidnap offender" means any individual, other than a natural parent of the victim
 [who]:
          (a) who has been convicted in this state of a violation of:
          (i) Subsection 76-5-301(1)(c) or (d), kidnapping;
          (ii) Section 76-5-301.1, child kidnapping;
          (iii) Section 76-5-302, aggravated kidnapping;
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         (iv) Section 76-5-308, human trafficking for labor and human smuggling;
         (v) Section 76-5-308, human smuggling, when the individual smuggled is under 18
 years [of age] old;
         (vi) Section 76-5-308.5, human trafficking of a child for labor;
         (vii) Section 76-5-310, aggravated human trafficking and aggravated human
 smuggling, on or after May 10, 2011;
         (viii) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
         (ix) attempting, soliciting, or conspiring to commit any felony offense listed in
 Subsections (9)(a)(i) through (iii);
         (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
 to commit a crime in another jurisdiction, including any state, federal, or military court that is
 substantially equivalent to the offenses listed in Subsection (9)(a); and
         (ii) who is:
         [(i)] (A) a Utah resident; or
         [(ii)] (B) not a Utah resident, but who, in any 12-month period, is in this state for a
 total of 10 or more days, regardless of whether or not the offender intends to permanently
 reside in this state;
         (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
 original conviction[,];
         (B) who is required to register as a kidnap offender by any state, federal, or military
 court[,]; or
         (C) who would be required to register as a kidnap offender if residing in the
 jurisdiction of the conviction regardless of the date of the conviction or any previous
 registration requirements; and
         (ii) in any 12-month period, who is in this state for a total of 10 or more days,
 regardless of whether or not the offender intends to permanently reside in this state;
         (d) (i) (A) who is a nonresident regularly employed or working in this state[,]; or
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        Enrolled Copy                                                                          H.B. 1002
        (B) who is a student in this state[,]; and
        (ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
 substantially equivalent offense in another jurisdiction[,]; or
        (B) as a result of the conviction, who is required to register in the individual's state of
 residence;
        (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
 of one or more offenses listed in Subsection (9); or
        (f) (i) who is adjudicated [delinquent based on] under Section 78A-6-117 for one or
 more offenses listed in Subsection (9)(a); and
        (ii) who has been committed to the division for secure confinement for that offense
 and:
        (A) the individual remains in the division's custody [30 days prior to] until 30 days
 before the individual's 21st birthday; or
        (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
 under Section 78A-6-703.4, the individual remains in the division's custody until 30 days
 before the individual's 25th birthday.
        (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
 minor's noncustodial parent.
        (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
 as defined in Subsection (17).
        (12) "Online identifier" or "Internet identifier":
        (a) means any electronic mail, chat, instant messenger, social networking, or similar
 name used for Internet communication; and
        (b) does not include date of birth