Prosecutorial review of referral to juvenile court -- Filing a petition.
Utah Code § 80-6-304.5
in effect80-6-304.5. 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
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter6/80-6-S304.5.html?v=C80-6-S304.5_2024050120240501Fetched: 10/26/2026