Utah statute
Utah Code Ann. § 80-6-304.5 — Prosecutorial review of referral to juvenile court - Filing a petition.
Current through 2026 General Session
Part of Part 3: Referral and Prosecution, Utah Code.
Full text of Utah Code Ann. § 80-6-304.5
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1) A prosecuting attorney shall review a referral to the juvenile court for an offense committed by a minor if: (1)(a) the prosecuting attorney is requested to review the referral under Section 80-6-303.5; (1)(b) the minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment; or (1)(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: (2)(a)(i) dismiss the referral; (2)(a)(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 (2)(a)(iii) except as provided in Subsection (5), file a petition with the juvenile court. (2)(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: (3)(a) the charges are supported by probable cause; (3)(b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and (3)(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: (5)(a) the prosecuting attorney has statutory authority to file the petition under Section 80-6-305; and (5)(b)(i) the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5; (5)(b)(ii) the minor declines a nonjudicial adjustment; (5)(b)(iii) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; or (5)(b)(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.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.