{"data":{"id":"us-ut/utah-code-80-6-303.5","jurisdiction":"us-ut","citation":"Utah Code § 80-6-303.5","heading":"Preliminary inquiry by juvenile probation officer -- Eligibility for nonjudicial adjustment.","body":"(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.\n(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.\n(3)\n(a) The juvenile probation officer may:\n(i) conduct a validated risk and needs assessment; and\n(ii) request that a prosecuting attorney review a referral in accordance with Section 80-6-304.5 if:\n(A) the results of the validated risk and needs assessment indicate the minor is high risk; or\n(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.\n(b) If the referral involves an offense that is a violation of Section 41-6a-502, the minor shall:\n(i) undergo a drug and alcohol screening;\n(ii) if found appropriate by the screening, participate in an assessment; and\n(iii) if warranted by the screening and assessment, follow the recommendations of the assessment.\n(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:\n(a) the minor:\n(i) is referred for an offense that is a misdemeanor, infraction, or status offense;\n(ii) has no more than two prior adjudications; and\n(iii) has no more than two prior unsuccessful nonjudicial adjustment attempts;\n(b) the minor is referred for an offense that is alleged to have occurred before the minor was 12 years old; or\n(c) the minor is referred for being a habitual truant.\n(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.\n(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.\n(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).\n(8) The juvenile probation officer may not offer a minor a nonjudicial adjustment if the referral involves:\n(a) an offense alleged to have occurred when the minor was 12 years old or older that is:\n(i) a felony offense; or\n(ii) a misdemeanor violation of:\n(A) Section 41-6a-502, driving under the influence;\n(B) Section 76-18-209, unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance;\n(C) Section 76-18-210, unlawfully possessing a controlled substance or counterfeit substance with intent to distribute;\n(D) Section 76-5-107, threat of violence;\n(E) Section 76-5-107.1, threats against schools;\n(F) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury;\n(G) Section 76-5-206, negligent homicide;\n(H) Section 76-5-401.3, unlawful adolescent sexual activity;\n(I) Section 76-5-418, sexual battery;\n(J) Section 76-5d-204, patronizing a prostituted individual who is a child;\n(K) Section 76-5d-211, sexual solicitation by an actor offering compensation to a child in exchange for sexual activity;\n(L) Section 76-11-205, carrying a dangerous weapon at an elementary school or secondary school;\n(M) Section 76-11-206, carrying a dangerous weapon at a daycare;\n(N) Section 76-11-207, threatening with or using a dangerous weapon in a fight or quarrel;\n(O) Section 76-11-208, possession of a dangerous weapon with criminal intent; or\n(P) Section 76-11-211, possession of a dangerous weapon by a minor; or\n(b) an offense alleged to have occurred before the minor is 12 years old that is a felony violation of:\n(i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;\n(ii) Section 76-5-202, aggravated murder or attempted aggravated murder;\n(iii) Section 76-5-203, murder or attempted murder;\n(iv) Section 76-5-302, aggravated kidnapping;\n(v) Section 76-5-405, aggravated sexual assault;\n(vi) Section 76-6-103, aggravated arson;\n(vii) Section 76-6-203, aggravated burglary;\n(viii) Section 76-6-302, aggravated robbery; or\n(ix) Section 76-11-210, felony discharge of a firearm.\n(9) The juvenile probation officer shall request that a prosecuting attorney review a referral if:\n(a) the referral involves an offense described in Subsection (8); or\n(b) the minor has a current suspended order for custody under Section 80-6-711.","path":["Title 80 Utah Juvenile Code","Chapter 80-6 Juvenile Justice","Part 80-6-3 Referral and Prosecution"],"source_url":"https://le.utah.gov/xcode/Title80/Chapter6/80-6-S303.5.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"8e9a9b7689f7e388a57cbc2c58a32d7076be29d406942b9bee96468f9d880992","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-80-6-303","next":"us-ut/utah-code-80-6-304"},"notice":"GroundRules: Original legal text. Not legal advice."}