Utah Administrative Code
Topic - Governor
Title R356 - Criminal and Juvenile Justice (State Commission on)
Rule R356-4 - Juvenile Detention or Confinement in Adult Jails and Lockups
Section R356-4-3 - Detention or Confinement of a Juvenile in an Adult Jail or Lockup
Universal Citation: UT Admin Code R 356-4-3
Current through Bulletin 2024-06, March 15, 2024
(1) A juvenile may be detained or confined in an adult jail or lockup only if:
(a) all other options for placement have been
exhausted and there is no alternative that will protect the juvenile or the
community;
(b) the requirements
outlined in Utah Administrative Code
R547-13-4
Guidelines for Admission to Secure Youth Detention Facilities are
met;
(c) the adult jail or lockup
provides for the sight and sound separation of juvenile and adult
inmates;
(d) the purpose of the
detention or confinement is:
(i)
identification;
(ii)
interrogation;
(iii)
processing;
(iv) notification of
juvenile court officials; or
(v) to
allow adequate time to arrange the juvenile's:
(A) transfer to a juvenile facility if
appropriate ; or
(B) release to a
parent or other responsible adult; and
(e) the adult jail or lockup has been
certified by the compliance monitor.
(2) A juvenile may not be detained or confined in an adult jail or lockup for any of the following reasons:
(a) ungovernable or runaway
behavior;
(b) neglect, abuse,
abandonment, dependency, or other situation, which requires protection of the
juvenile;
(c) status offenses, not
including offenses involving weapons; or
(d) attempted suicide.
(3) This rule does not apply to a juvenile:
(a) charged with a crime under Section
78A-6-701;
(b) bound over to the jurisdiction of the
district court as a serious youth offender under Section
78A-6-702;
or
(c) certified to stand trial as
an adult pursuant to Section
78A-6-703.
(4) A juvenile under the age of 12 may not be detained or confined in an adult jail or lockup unless the juvenile:
(a) is age 10 or 11; and
(b) has been charged with a violent felony
violation under Section
76-3-203.5(c).
(5)
(a) A juvenile detained or confined in an
adult jail or lockup shall be released to the care of a parent or other
responsible adult unless:
(i) the immediate
welfare or the protection of the community requires the continued detention or
confinement of the juvenile; or
(ii) it is unsafe for the juvenile or the
public to release the juvenile to the care of the parents, guardian or
custodian.
(b) If the
juvenile should continue to be detained or confined, the adult jail or lockup
shall arrange for the transfer of the juvenile to an appropriate juvenile
facility as soon as practicable.
(c) If a juvenile is transferred to a
juvenile facility, a report shall be prepared which indicates the reason why
the juvenile was not released and detention or confinement was
continued.
(6) In addition to any other requirements under this rule, a juvenile may not be detained or confined in an adult jail unless:
(a) the adult jail is located in an area with
a low-density population;
(b) the
county in which the adult jail is located does not have a juvenile facility
that meets the needs of the juvenile; and
(c) the detention is less than 6
hours.
(7) In addition to any other requirements under this rule, a juvenile may not be detained or confined in an adult lockup for more than two hours.
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