DAR File No. 28378

Human Services, Juvenile Justice Services

R547-13

Guidelines for Admission to Secure Youth Detention Facilities Review

NOTICE OF PROPOSED RULE

DAR File No.: 28378
Filed: 11/28/2005, 11:14
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R547-13 has been in effect since 1987 without modification. In 2005, a committee represented by officials from Law Enforcement, Juvenile Justice Administration, and Juvenile Court met to review Rule R547-13. The committee recommended the rule be amended to simplify the admission procedures.

Summary of the rule or change:

This amendment changes guidelines by eliminating "Holdable Offense List" and adding the specific charges for which a youth may be detained in a secure detention facility. The proposed change also: 1) simplifies the process for law enforcement to place a youth in secure detention; and 2) addresses public safety issues related to youth distributing drugs, possessing illegal weapons, and family violence that were not addressed in the original rule.

State statutory or constitutional authorization for this rule:

Subsection 62A-7-104(4)(a)

Anticipated cost or savings to:

the state budget:

There will be no anticipated cost or savings. The number of youth held in the facility will not dramatically change due to the rule change.

local governments:

No cost changes--Local government is not responsible for any cost in the operation of detention centers. The rule change does not require local government to add or expand services currently provided.

other persons:

No cost changes--Any potential changes in cost would be the responsibility of Juvenile Justice Services, Juvenile Court and Law Enforcement agencies. Upon careful review of crime statistics, there will be no increase in the amount of juveniles incarcerated in juvenile detention centers.

Compliance costs for affected persons:

No cost changes--Compliance to Rule R547-13 is the responsibility of Juvenile Court, Juvenile Justice Services, and Law Enforcement.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Department anticipates no fiscal impact on businesses as a result of this modification to the rule. Lisa-Michelle Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

David Loden or Adam F Trupp at the above address, by phone at 801-538-4323 or 801-538-4462, by FAX at 801-538-4334 or 801-538-4016, or by Internet E-mail at dloden@utah.gov or AFTRUPP@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/17/2006

This rule may become effective on:

01/18/2006

Authorized by:

Lisa-Michele Church, Executive Director

RULE TEXT

R547. Human Services, Juvenile Justice Services.

R547-13. Guidelines for Admission to Secure Youth Detention Facilities.

R547-13-1. Purpose, Authority and Scope.

(1) This rule establishes guidelines for admission to secure detention to meet the requirements of Section[s 62A-7-104,] 62A-7-20[5]2[, 78-3a-113, and 78-3a-114].

(2) This rule shall be applied to youth candidates for placement in all secure detention facilities operated by the Division of Juvenile Justice Services.

R547-13-2. Definitions.

(1) Terms used in this rule are defined in Sections 62A-7-101 and 78-3a-103.

(2) ["Holdable Offense List" is a list of criminal offenses for which a youth may be detained in a secure detention facility. See Section R547-13-14.

(3) "Non-status" offense means a delinquent act as defined in Subsection 62A-7-101(5).]"Status offense" means a violation of the law that would not be a violation but for the age of the offender.

(3[4]) "Youth" means a person age 10 or over and under the age of 21.

R547-13-3. General Rules.

(1) A youth may be detained in a secure detention facility if:

(a) [if the alleged offense is on the Holdable Offense List, Section R547-13-14;]A youth is charged with any of the following State or Federal offenses:

(i) Any felony offense

(ii) Any attempt, conspiracy, or solicitation to commit a felony offense

(iii) A class A misdemeanor of Section 58-37-8 (1) (b) (iii), distribution of a controlled substance violation

(iv) Domestic violence 77-66-1 (Cohabitant)

(v) Section 76-5-104(1)(C) Assault, only when the assault is against an individual with whom the youth lives if efforts by law enforcement, in conjunction with the youth's parent or guardian, to safely place the youth with a family member living outside the youth's home are unsuccessful

(vi) Section 76-5-102 (3), assault causing substantial bodily injury

(vii) Section 76-5-104.4, assault on a police officer

(viii) Section 76-6-104 (a), reckless burning which endangers human life

(ix) A class A misdemeanor violation of Section 76-6-105, causing a catastrophe

(x) Section 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 or B misdemeanor violation of Section 76-10-504, carrying a concealed dangerous weapon

(xiii) Section 76-10-505, carrying a loaded firearm

(xiv) Section 76-10-506, threatening with or using a dangerous weapon in a fight or quarrel

(xv) Section 76-10-507, possession of deadly weapon with intent to assault

(xvi) Section 76-10-509, possession of a dangerous weapon by minor

(xvii) Section Violation of Section 76-10-509.4, prohibition of possession of certain weapons by minors

(xviii) A class A or B misdemeanor violation of Section 76-10-509.5, providing certain weapons to a minor

(xix) Section 76-10-1302, prostitution.

(b) [if none of the offenses are on the Holdable Offense List]None of the alleged offenses are listed in paragraphs R547-13-3 (1) (a), but three or more non-status criminal offenses are currently alleged in a single criminal episode;

(c) [if one or more of the following conditions exist:

(i)] The youth is an escapee or absconder from a Juvenile Justice Services secure institution, [or from a Juvenile Justice Services' ]observation and assessment unit or community placement or state supervision placement.

(d[ii]) The youth 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 TWX/National Crime Information Center (NCIC) or a telephone call/FAX from a law enforcement officer or a verified call/FAX from the institution) to hold pending return to the other jurisdiction, whether or not an offense is currently charged.

(e[d]) The youth has failed to appear at a court hearing on a criminal offense within the past twelve months

(f) A[If a] youth is not detainable under any of the above criteria, but a non-status law violation has been alleged and one of the following documented conditions exist:

(i) The youth's record discloses two or more prior adjudicated offenses listed in paragraphs R547-13-3 (1) (a)[on the Holdable Offense List] in which the offenses were found to be true in the past twelve months.

(ii) The youth, under continuing court jurisdiction [(]excluding those whose ONLY involvement is as a victim of abuse, neglect, abandonment, or dependency[)], has run from court-ordered placement, including his own home.

(iii) The youth has failed to appear at a court hearing within the past twelve months after receiving legal notice and officials have reason to believe that the youth is likely to abscond unless held.

(2) A youth not otherwise qualified for detention in a secure detention facility shall 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/consumption of alcohol, tobacco, minor-in-a-tavern, truancy;

(d) Attempted suicide.

(3) No youth under the age of ten years may be detained in a secure detention facility.

R547-13-4. Juvenile Justice Services' Cases.

A youth who is on parole or involved in a trial placement from a secure facility, and who is detained solely on a warrant from the Division of Juvenile Justice Services may be held in a secure detention facility up to 48 hours excluding weekends and legal holidays.

R547-13-5. DCFS Cases.

A youth in the custody or under the supervision of the Division of Child and Family Services (DCFS) cannot be held in a secure detention facility unless he qualifies for detention under some section of this rule.

R547-13-6. Traffic Cases.

A youth brought to detention for traffic violation(s) cannot be held in a secure detention facility unless he qualifies for detention under some section of this rule.

R547-13-7. Transient Cases.

(1) Intrastate:

(a) A youth may be admitted to a secure detention facility when a court pickup order for detention has been issued.

(b) A youth may be admitted to a secure detention facility only if he is detainable under some section of this rule.

(2) Interstate:

(a) Youth who are escapees, absconders, and runaways shall be detained in accordance with the provisions of Subsection R547-13-3(1)([c]d).

(b) Youth who are out-of-state runaways who commit any non-status criminal offense(s) may be admitted to a secure detention facility.

(c) Non-runaways, when brought to a secure detention facility with an alleged criminal offense, may be detained or released based on the same criteria which applies to resident youth.

R547-13-8. Immigration Cases.

(1) A youth shall be detained at a secure detention facility when admission is requested by Citizenship and Immigration Services (formerly known as Immigration and Naturalization Services (INS)) officials.

(2) An unaccompanied, undocumented youth with an alleged criminal offense may be detained at a secure detention facility when admission is requested by any other law enforcement officer.

(3) Any unaccompanied, undocumented youth having no alleged criminal offense shall be referred to Youth Services when admission to a secure detention facility is requested by a law enforcement officer.

R547-13-9. AWOL Military Personnel.

Absent without leave (AWOL) military personnel shall be admitted to a secure detention facility.

R547-13-10. Home Detention Cases.

(1) If a home detention violation is alleged, the home detention counselor may cause the alleged violator to be brought to a secure detention facility. If the case involves a violator who is a runaway where a pickup order (Warrant for Custody) has not yet been issued, a law enforcement officer may bring the violator to a secure detention facility. The home detention counselor may then transfer the minor back to the status of home detention, if appropriate, or may authorize the youth to be held in secure detention for a re-hearing.

(2) A youth placed on home detention who is arrested by a law enforcement officer for an alleged criminal code violation(s) shall be admitted to a secure detention facility.

R547-13-11. Juvenile Court Warrants for Custody or Pickup Orders.

A youth shall be admitted to a secure detention facility when a juvenile court judge or commissioner has issued a warrant for custody.

R547-13-12. Probation Violation - Contempt of Court - Stayed Order for Detention.

A youth may be admitted to a secure detention facility for conditions such as: an alleged probation violation, contempt of court, or a stayed order for detention when it has been ordered by a judge. When it is not possible to get a written order, verbal authorization from a judge to detention is sufficient to hold a youth in a secure detention facility.

R547-13-13. Other Court Orders for Detention.

A youth brought to a secure detention facility pursuant to either federal or out-of-state court orders shall be admitted unless otherwise directed by a juvenile court judge.

[

R547-13-14. Holdable Offense List.

A youth charged with any of the following offenses, in accordance with Section R547-13-3, is eligible for placement in a secure detention facility.

(1) Absent Without Official Leave, Federal

(2) Aggravated Arson

(3) Aggravated Assault

(4) Aggravated Burglary (Armed with Weapon)

(5) Aggravated Burglary (Weapon/Injury)

(6) Aggravated Kidnapping

(7) Aggravated Murder

(8) Aggravated Robbery, First Degree Felony

(9) Aggravated Sexual Abuse, Victim Under 14

(10) Aggravated Sexual Assault

(11) Aiding in an Escape, Use of Deadly Weapon

(12) Arson, $1,000 to $5,000

(13) Arson, Value Exceeds $5,000

(14) Assault by a Prisoner

(15) Assault on a Police Officer

(16) Attempted Capital Felony

(17) Attempted First Degree Felony, Person

(18) Attempted Second Degree Felony, Person

(19) Attempted Third Degree Felony, Person

(20) Automobile Homicide in Criminally Negligent Manner

(21) Automobile Homicide in Negligent Manner

(22) Bombing, Person Injured

(23) Burglary, Dwelling, Second Degree Felony

(24) Burglary, Non-Dwelling, Third Degree

(25) Burglary, Research Facility, Second Degree Felony

(26) Car Theft, Second Degree Felony

(27) Carrying a Concealed Weapon

(28) Carrying a Loaded Weapon in a Vehicle or on a Street

(29) Catastrophe, Knowingly Causing, Injury to Person

(30) Conspiracy to Commit Capital Felony

(31) Conspiracy to Commit First Degree Felony

(32) Conspiracy to Commit Second Degree Felony

(33) Conspiracy to Commit Third Degree Felony

(34) Criminal Solicitation of Capital Felony

(35) Criminal Solicitation of First Degree Felony, Person

(36) Criminal Solicitation of Second Degree Felony, Person

(37) Criminal Solicitation of Third Degree Felony, Person

(38) Destruction of Property ($1,000 or More) / Criminal Mischief

(39) Destruction of Property (Life Endangering) / Criminal Mischief

(40) Distribute a Controlled/Counterfeit Substance (Class A)

(41) Distribute a Controlled/Counterfeit Substance (Felony First)

(42) Distribute a Controlled/Counterfeit Substance (Felony Second)

(43) Distribute a Controlled/Counterfeit Substance (Felony Third)

(44) Distribute Marijuana (No Prior Convictions)

(45) Distribute Marijuana (Second Conviction or First Conviction/Drug Free Zone)

(46) Distribute Marijuana, Drug Free Zone

(47) Distribution of Controlled/Counterfeit Substance (First Degree Against Public)

(48) Distribution of Controlled/Counterfeit Substance (Second Degree Against Public)

(49) Distribution of Controlled/Counterfeit Substance (Third Degree Against Public)

(50) Domestic Violence

(51) Effect Distribution of Marijuana in Drug Free Zone

(52) Effect Distribution of Marijuana (Second Conviction or First Conviction/Drug Free Zone)

(53) Effect Distribution of Marijuana (No Prior Convictions)

(54) Escape from Custody, Use of Force or Deadly Weapon

(55) Exhibiting a Dangerous Weapon

(56) Extortion, $101-$250, Persons

(57) Extortion, $251-$1,000, Person

(58) Extortion, over $1,000, Person

(59) Fleeing, Bodily Injury

(60) Fleeing, Felony, Excess Speed

(61) Fleeing, Felony, Property Damage

(62) Forcible Sexual Abuse, Victim 14 Years or Over

(63) Forcible Sexual Abuse, Indecent Liberties, Victim 14 Years or Over

(64) Forcible Sodomy, Victim 14 or Over

(65) Illegal Alien Status

(66) Incest

(67) Interstate Flight, Federal

(68) Kidnapping

(69) Kidnapping, Under Age 14

(70) Manslaughter

(71) Mayhem

(72) Motor Bike Theft, Second Degree Felony

(73) Murder

(74) Object Rape, Victim 14 or Over

(75) Object Rape, Victim Under 14

(76) Obstructing Justice

(77) Offer Sex Acts for Hire, Prostitution

(78) Offer Sex Acts for Hire, Second Offense

(79) Pickup Order

(80) Possess Dangerous Material in a Drug Free Zone

(81) Possession Controlled/Counterfeit Substance With Intent to Distribute

(82) Possession Controlled/Counterfeit Substance With Intent to Distribute (Second Conviction or First Conviction/Drug Free Zone)

(83) Possession Controlled/Counterfeit Substance With Intent to Distribute (No Prior Convictions)

(84) Possession Dangerous Weapon to Assault

(85) Possession of a Dangerous Weapon

(86) Possession of Marijuana With Intent to Distribute in Drug Free Zone

(87) Possession of Marijuana With Intent to Distribute (Second Conviction or First Conviction/Drug Free Zone)

(88) Possession of Marijuana With Intent to Distribute (No Prior Convictions)

(89) Possession of or Using a Dangerous Weapon in a Fight or Quarrel

(90) Possession of Stolen Vehicle

(91) Prohibition of Possession of Certain Weapons by Minors

(92) Providing a Handgun to a Minor

(93) Rape of Child Under 14

(94) Rape, Victim 14 or Over

(95) Receiving Stolen Property (Firearm)

(96) Reckless Burning, Life Endangering

(97) Riot Resulting in Injury or Loss

(98) Robbery, Federal

(99) Robbery, Second Degree Felony

(100) Sabotage

(101) Sales of Firearms to Juveniles

(102) Sexual Abuse, Indecent Liberties, Victim Under 14 Years

(103) Sexual Abuse, Victim Under 14 Years

(104) Shooting from a Vehicle or Near a Highway (Drive-by Shooting)

(105) Sodomy Upon Child, Victim Under 14

(106) Tampering With Witness

(107) Theft of a Firearm, Second Degree

(108) Theft Over $1,000, Second Degree Felony

(109) Threat to Life/Property, Prevent Occupancy, Third Degree Felony

(110) Unlawful Detention]

KEY: juvenile corrections, juvenile detention, admission guidelines

[December 1, 1995]2006

Notice of Continuation June 4, 2002

[62A-7-104(3)(a)

]62A-7-20[5]2

78-3a-113

78-3a-114

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact David Loden or Adam F Trupp at the above address, by phone at 801-538-4323 or 801-538-4462, by FAX at 801-538-4334 or 801-538-4016, or by Internet E-mail at dloden@utah.gov or AFTRUPP@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.