Referral and Prosecution

Utah Code tit. 80, ch. 80-6, pt. 80-6-P3

in effect

Utah Code § 80-6-301 Referral to juvenile court.

80-6-301. Referral to juvenile court. (1) Except as provided in Subsections (2) and (3), a peace officer, or a public official of the state, a county, a city, or a town charged with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral with the juvenile court within 10 days after the day on which a minor is taken into temporary custody under Section 80-6-201. (2) If a minor is taken to a detention facility, a peace officer or a public official of the state, a county, a city, or a town charged with the enforcement of laws of the state or local jurisdiction shall file the formal referral with the juvenile court within 24 hours after the time in which the minor is taken into temporary custody under Section 80-6-201. (3) A peace officer, public official, school district, or school may only refer a minor to the juvenile court under Section 53G-8-211 for an offense, or for being a habitual truant, if the offense or habitual truancy is subject to referral as described in Section 53G-8-211. Amended by Chapter 301, 2024 General Session

Utah Code § 80-6-302 Citation -- Procedure -- Time limits -- Failure to appear.

80-6-302. Citation -- Procedure -- Time limits -- Failure to appear. (1) A petition is not required to commence a proceeding against a minor for an adjudication of an alleged offense if a citation is issued for an offense for which the juvenile court has jurisdiction over and the offense listed in the citation is for: (a) a violation of a wildlife law; (b) a violation of a boating law; (c) a class B or C misdemeanor or an infraction other than a misdemeanor or infraction: (i) for a traffic violation; or (ii) designated as a citable offense by general order of the Board of Juvenile Court Judges; (d) a class B misdemeanor or infraction for a traffic violation where the individual is 15 years old or younger at the time the offense was alleged to have occurred; (e) an infraction or misdemeanor designated as a citable offense by a general order of the Board of Juvenile Court Judges; or (f) a violation of Subsection 76-9-1106(3)(b). (2) Except as provided in Subsection (6) and Section 80-6-301, a citation for an offense listed in Subsection (1) shall be submitted to the juvenile court within five days of issuance to a minor. (3) A copy of the citation shall contain: (a) the name and address of the juvenile court before which the minor may be required to appear; (b) the name of the minor cited; (c) the statute or local ordinance that the minor is alleged to have violated; (d) a brief description of the offense charged; (e) the date, time, and location at which the offense is alleged to have occurred; (f) the date the citation was issued; (g) the name and badge or identification number of the peace officer or public official who issued the citation; (h) the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the minor into temporary custody as provided in Section 80-6-201; (i) a statement that the minor and the minor's parent or guardian are to appear when notified by the juvenile court; and (j) the signature of the minor and the minor's parent or guardian, if present, agreeing to appear at the juvenile court when notified by the court. (4) A copy of the citation shall contain space for the following information to be entered if known: (a) the minor's address; (b) the minor's date of birth; (c) the name and address of the child's custodial parent or guardian, if different from the child; and (d) if there is a victim, the victim's name, address, and an estimate of loss, except that this information shall be removed from the documents the minor receives. (5) A citation received by the juvenile court beyond the time designated in Subsection (2) shall include a written explanation for the delay. (6) An offense alleged to have been committed by an enrolled child on school property, or related to school attendance, may only be referred to the prosecuting attorney or the juvenile court in accordance with Section 53G-8-211. (7) If a juvenile court receives a citation described in Subsection (1), a juvenile probation officer shall make a preliminary inquiry as to whether the minor is eligible for a nonjudicial adjustment in accordance with Subsection 80-6-303.5(4). (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a prosecuting attorney may commence a proceeding against a minor, without filing a petition, for an adjudication of the offense in the citation only if: (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment; and (ii) the prosecuting attorney conducts an inquiry under Subsection (9). (b) Except as provided in Subsection 80-6-305(2), a prosecuting attorney may not commence a proceeding against an individual for any offense listed in a citation alleged to have occurred before the individual was 12 years old. (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable belief, that: (a) the charge listed in the citation is supported by probable cause; (b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and (c) the decision to charge is in the interests of justice. (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor shall appear at the juvenile court at a date and time established by the juvenile court. (11) If a minor willfully fails to appear before the juvenile court for a proceeding under Subsection (8)(a), the juvenile court may: (a) find the minor in contempt of court; and (b) proceed against the minor as provided in Section 78A-6-353. (12) If a proceeding is commenced under this section, the minor may remit a fine without a personal appearance before the juvenile court with the consent of: (a) the juvenile court; and (b) if the minor is a child, the parent or guardian of the child cited. Amended by Chapter 173, 2025 General Session

Utah Code § 80-6-303 Criminal proceedings involving minors -- Transfer to juvenile court -- Exception.

80-6-303. Criminal proceedings involving minors -- Transfer to juvenile court -- Exception. (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or justice court determines that the juvenile court has jurisdiction over the offense, the district court or justice court shall transfer the case to the juvenile court with all the papers, documents, and transcripts of any testimony. (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense that is: (A) filed in the district court in accordance with Section 80-6-502; or (B) transferred to the district court in accordance with Section 80-6-504. (ii) A justice court may decline to transfer an offense for which the justice court has original jurisdiction under Section 78A-7-106. (2) (a) Except as provided in Subsection (2)(b), the district court or justice court making the transfer shall: (i) order the individual to be taken immediately to the juvenile court or to a place of detention designated by the juvenile court; or (ii) release the individual to the custody of the individual's parent or guardian or other person legally responsible for the individual, to be brought before the juvenile court at a time designated by the juvenile court. (b) If the alleged offense under Subsection (1) occurred before the individual was 12 years old: (i) the district court or justice court making the transfer shall release the individual to the custody of the individual's parent or guardian, or other person legally responsible for the individual; (ii) the juvenile court shall treat the transfer as a referral under Section 80-6-301; and (iii) a juvenile probation officer shall make a preliminary inquiry to determine whether the individual is eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5. (c) If the case is transferred to the juvenile court under this section, the juvenile court shall then proceed in accordance with this chapter. (3) A district court or justice court does not have to transfer a case under Subsection (1) if the district court or justice court would have had jurisdiction over the case at the time the individual committed the offense in accordance with Sections 78A-5-102 and 78A-7-106. Amended by Chapter 199, 2024 General Session

Utah Code § 80-6-303.5 Preliminary inquiry by juvenile probation officer -- Eligibility for nonjudicial adjustment.

80-6-303.5. Preliminary inquiry by juvenile probation officer -- Eligibility for nonjudicial adjustment. (1) If the juvenile court receives a referral for an offense committed by a minor that is, or appears to be, within the juvenile court's jurisdiction, or for the minor being a habitual truant, a juvenile probation officer shall make a preliminary inquiry in accordance with this section to determine whether the minor is eligible to enter into a nonjudicial adjustment. (2) If a minor is referred to the juvenile court for multiple offenses arising from a single criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for all offenses arising from the single criminal episode. (3) (a) The juvenile probation officer may: (i) conduct a validated risk and needs assessment; and (ii) request that a prosecuting attorney review a referral in accordance with Section 80-6-304.5 if: (A) the results of the validated risk and needs assessment indicate the minor is high risk; or (B) the results of the validated risk and needs assessment indicate the minor is moderate risk and the referral is for a class A misdemeanor violation under Sections 76-9-112, 76-12-306, 76-12-307, or 76-12-309, or Title 76, Chapter 5, Offenses Against the Individual. (b) If the referral involves an offense that is a violation of Section 41-6a-502, the minor shall: (i) undergo a drug and alcohol screening; (ii) if found appropriate by the screening, participate in an assessment; and (iii) if warranted by the screening and assessment, follow the recommendations of the assessment. (4) Except for an offense that is not eligible under Subsection (8), the juvenile probation officer shall offer a nonjudicial adjustment to a minor if: (a) the minor: (i) is referred for an offense that is a misdemeanor, infraction, or status offense; (ii) has no more than two prior adjudications; and (iii) has no more than two prior unsuccessful nonjudicial adjustment attempts; (b) the minor is referred for an offense that is alleged to have occurred before the minor was 12 years old; or (c) the minor is referred for being a habitual truant. (5) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment. (6) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in one or more prior adjudications as a single adjudication. (7) Except for a referral that involves an offense described in Subsection (8), the juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the criteria described in Subsection (4)(a). (8) The juvenile probation officer may not offer a minor a nonjudicial adjustment if the referral involves: (a) an offense alleged to have occurred when the minor was 12 years old or older that is: (i) a felony offense; or (ii) a misdemeanor violation of: (A) Section 41-6a-502, driving under the influence; (B) Section 76-18-209, unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance; (C) Section 76-18-210, unlawfully possessing a controlled substance or counterfeit substance with intent to distribute; (D) Section 76-5-107, threat of violence; (E) Section 76-5-107.1, threats against schools; (F) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury; (G) Section 76-5-206, negligent homicide; (H) Section 76-5-401.3, unlawful adolescent sexual activity; (I) Section 76-5-418, sexual battery; (J) Section 76-5d-204, patronizing a prostituted individual who is a child; (K) Section 76-5d-211, sexual solicitation by an actor offering compensation to a child in exchange for sexual activity; (L) Section 76-11-205, carrying a dangerous weapon at an elementary school or secondary school; (M) Section 76-11-206, carrying a dangerous weapon at a daycare; (N) Section 76-11-207, threatening with or using a dangerous weapon in a fight or quarrel; (O) Section 76-11-208, possession of a dangerous weapon with criminal intent; or (P) Section 76-11-211, possession of a dangerous weapon by a minor; or (b) an offense alleged to have occurred before the minor is 12 years old that is a felony violation of: (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (ii) Section 76-5-202, aggravated murder or attempted aggravated murder; (iii) Section 76-5-203, murder or attempted murder; (iv) Section 76-5-302, aggravated kidnapping; (v) Section 76-5-405, aggravated sexual assault; (vi) Section 76-6-103, aggravated arson; (vii) Section 76-6-203, aggravated burglary; (viii) Section 76-6-302, aggravated robbery; or (ix) Section 76-11-210, felony discharge of a firearm. (9) The juvenile probation officer shall request that a prosecuting attorney review a referral if: (a) the referral involves an offense described in Subsection (8); or (b) the minor has a current suspended order for custody under Section 80-6-711. Amended by Chapter 72, 2026 General Session

Utah Code § 80-6-304 Nonjudicial adjustments -- Requirement to seek legal counsel before declination.

80-6-304. Nonjudicial adjustments -- Requirement to seek legal counsel before declination. (1) For a nonjudicial adjustment, the juvenile probation officer may require a minor to: (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the terms established under Subsection (5); (b) pay restitution to any victim; (c) complete community or compensatory service; (d) attend counseling or treatment with an appropriate provider; (e) attend substance abuse treatment or counseling; (f) comply with specified restrictions on activities or associations; (g) attend victim-offender mediation if requested by the victim; and (h) comply with any other reasonable action that is in the interest of the minor, the community, or the victim. (2) (a) Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenile probation officer shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral. (b) The victim shall be responsible to provide to the juvenile probation officer upon request: (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and out-of-pocket loss; (ii) documentation and evidence of compensation or reimbursement from an insurance company or an agency of the state, any other state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and (iii) proof of identification, including home and work address and telephone numbers. (c) The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the juvenile probation officer determining restitution based on the best information available. (3) The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt. (4) (a) A minor may not decline to enter into a nonjudicial adjustment without first being advised of their right to consult with counsel, subject to the requirements of this section. (b) If a minor seeks to decline a nonjudicial adjustment, the juvenile probation officer shall inform the minor of: (i) the minor's right to consult with counsel; and (ii) the availability of resources for the minor to receive legal advice provided by the Office of Indigent Defense Services created in Section 75E-10-102. (c) If a minor seeks to decline a nonjudicial adjustment, and also declines to seek the advice of counsel after being informed as required under Subsection (4)(b), the juvenile probation officer shall: (i) sign an acknowledgment that the juvenile probation officer provided the minor with the information required by Subsection (4)(b); (ii) have the minor sign an acknowledgment that the minor received the information required by Subsection (4)(b) and knowingly and voluntarily declined to seek the advice of counsel; and (iii) permit the minor to decline the nonjudicial adjustment. (d) No provision of this section affects a court's obligation to ensure a minor's right to counsel if a petition is filed. (5) (a) The juvenile probation officer may not deny a minor an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection (1). (b) The juvenile probation officer shall base a fee, fine, or the restitution for a nonjudicial adjustment under Subsection (1) upon the ability of the minor's family to pay as determined by a statewide sliding scale developed in accordance with Section 75E-2-207. (6) (a) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile court judge extends the nonjudicial adjustment for an additional 90 days. (b) A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (6)(a): (i) for a minor who is: (A) offered a nonjudicial adjustment for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old, other than an offense under Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420; or (B) referred to a prosecuting attorney for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old, other than an offense under Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420; and (ii) the judge determines that: (A) the nonjudicial adjustment requires specific treatment for the sexual offense; (B) the treatment cannot be completed within 180 days after the day on which the minor entered into the nonjudicial adjustment; and (C) the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor. (c) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection (6)(b), the judge may extend the nonjudicial adjustment until the minor completes the specific treatment, but the judge may only grant each extension for 90 days at a time. (7) If a minor violates Section 76-9-1106, the minor may be required to pay a fine or penalty and participate in a court-approved tobacco education program with a participation fee. Amended by Chapter 291, 2026 General Session

Utah Code § 80-6-304.5 Prosecutorial review of referral to juvenile court -- Filing a petition.

80-6-304.5. Prosecutorial review of referral to juvenile court -- Filing a petition. (1) A prosecuting attorney shall review a referral to the juvenile court for an offense committed by a minor if: (a) the prosecuting attorney is requested to review the referral under Section 80-6-303.5; (b) the minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment; or (c) the minor is not offered or declines a nonjudicial adjustment. (2) (a) Upon review of a referral of an offense under Subsection (1), the prosecuting attorney shall: (i) dismiss the referral; (ii) send the referral back to the juvenile probation officer for a new attempt at a nonjudicial adjustment if the minor's case is eligible for a nonjudicial adjustment under Section 80-6-303.5; or (iii) except as provided in Subsection (5), file a petition with the juvenile court. (b) Upon review of a referral for habitual truancy under Subsection (1), the prosecuting attorney shall dismiss the referral. (3) A prosecuting attorney may only file a petition under Subsection (2)(a)(iii) upon reasonable belief that: (a) the charges are supported by probable cause; (b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and (c) the decision to charge is in the interests of justice. (4) If a minor has substantially complied with the other conditions of a nonjudicial adjustment or conditions imposed through any other court diversion program, the minor's failure to pay a fine or fee as a condition of the nonjudicial adjustment or program may not serve as a basis for filing of a petition. (5) A prosecuting attorney may not file a petition against a minor unless: (a) the prosecuting attorney has statutory authority to file the petition under Section 80-6-305; and (b) (i) the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5; (ii) the minor declines a nonjudicial adjustment; (iii) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; or (iv) the minor fails to respond to the juvenile probation officer's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry. (6) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is commenced against a minor under Section 80-6-302, the juvenile court may refer the case to the juvenile probation officer for another offer of nonjudicial adjustment if the minor is eligible for a nonjudicial adjustment under Section 80-6-303.5. Amended by Chapter 301, 2024 General Session

Utah Code § 80-6-305 Petition for a delinquency proceeding -- Amending a petition -- Continuance.

80-6-305. Petition for a delinquency proceeding -- Amending a petition -- Continuance. (1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in: (a) Subsection (2); (b) Section 80-6-302; (c) Section 80-6-502; and (d) Section 80-6-503. (2) A prosecuting attorney may not file a petition under Subsection (1) against an individual for an offense alleged to have occurred before the individual was 12 years old, unless: (a) the individual is alleged to have committed a felony violation of: (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (ii) Section 76-5-202, aggravated murder or attempted aggravated murder; (iii) Section 76-5-203, murder or attempted murder; (iv) Section 76-5-302, aggravated kidnapping; (v) Section 76-5-405, aggravated sexual assault; (vi) Section 76-6-103, aggravated arson; (vii) Section 76-6-203, aggravated burglary; (viii) Section 76-6-302, aggravated robbery; or (ix) Section 76-11-210, felony discharge of a firearm; or (b) an offer for a nonjudicial adjustment is made under Section 80-6-303.5 and the minor: (i) declines to accept the offer for the nonjudicial adjustment; or (ii) fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment. (3) A juvenile court may dismiss a petition under this section at any stage of the proceedings. (4) (a) When evidence is presented during any proceeding in a minor's case that points to material facts not alleged in the petition, the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent. (b) The juvenile court, on a motion from any interested party or on the court's own motion, shall direct that the petition be amended to conform to the evidence. (c) If an amended petition under Subsection (4)(b) results in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54. Amended by Chapter 173, 2025 General Session Amended by Chapter 208, 2025 General Session

Utah Code § 80-6-306 Plea -- Withdrawal of a plea.

80-6-306. Plea -- Withdrawal of a plea. (1) If a minor is facing a delinquency proceeding under this chapter, the minor may enter: (a) a denial of the alleged offense; (b) an admission of the alleged offense; or (c) with the consent of the juvenile court, a plea of no contest as described in Section 77-13-2. (2) (a) If a minor enters an admission under Subsection (1), the juvenile court may: (i) delay in entering the admission for a defined period of time; and (ii) impose conditions on the minor for the period of time under Subsection (2)(a)(i). (b) If the minor successfully completes the conditions imposed under Subsection (2)(a)(ii), the juvenile court shall dismiss the petition filed under this chapter. (c) If the minor fails to complete the conditions imposed under Subsection (2)(a)(ii), the juvenile court shall: (i) enter the minor's admission; and (ii) proceed with ordering a disposition in accordance with Section 80-6-701. (3) If a minor declines to enter a plea, the juvenile court shall enter a denial. (4) A minor's counsel may enter a denial in the absence of the minor or the minor's parent, guardian, or custodian. (5) The minor may enter an admission to: (a) a lesser included offense; (b) an offense of a lesser degree; or (c) a different offense for which the juvenile court may enter after amending the petition. (6) A plea under this section shall be conducted in accordance with Utah Rules of Juvenile Procedure, Rule 25. (7) A minor may withdraw a denial of an offense at any time before an adjudication under Section 80-6-701. (8) A minor may only withdraw an admission or a plea of no contest upon: (a) leave of the court; and (b) a showing that the admission or plea was not knowingly and voluntarily made. (9) (a) Even if the juvenile court has ordered a disposition under Part 7, Adjudication and Disposition, a minor shall make a request to withdraw an admission, or a plea of no contest, within 30 days after the day on which the minor entered the admission or plea. (b) If the juvenile court has not entered a disposition, the juvenile court may not announce a disposition until the motion to withdraw under Subsection (9)(a) is denied. Enacted by Chapter 261, 2021 General Session

Utah Code § 80-6-307 Dispositional report required in minors' cases -- Exceptions.

80-6-307. Dispositional report required in minors' cases -- Exceptions. (1) A juvenile probation officer, or other agency designated by the juvenile court, shall make a dispositional report in writing in all minors' cases in which a petition has been filed, except in cases involving violations of traffic laws or ordinances, violations of wildlife laws and boating laws, and other minor cases. (2) When preparing a dispositional report and recommendation in a minor's case, the juvenile probation officer, or other agency designated by the juvenile court, shall consider the juvenile disposition guidelines, as defined in Section 75E-4-101, and any other factors relevant to the disposition designated in the juvenile disposition guidelines. (3) Where the allegations of a petition filed under Section 80-6-305 are denied, the investigation may not be made until the juvenile court has made an adjudication. Amended by Chapter 291, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter6/80-6-P3.html?v=C80-6-P3_2021050520210901Fetched: 10/26/2026