{"data":{"id":"us-ut/utah-code-80-6-304.5","jurisdiction":"us-ut","citation":"Utah Code § 80-6-304.5","heading":"Prosecutorial review of referral to juvenile court -- Filing a petition.","body":"(1) A prosecuting attorney shall review a referral to the juvenile court for an offense committed by a minor if:\n(a) the prosecuting attorney is requested to review the referral under Section 80-6-303.5;\n(b) the minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment; or\n(c) the minor is not offered or declines a nonjudicial adjustment.\n(2)\n(a) Upon review of a referral of an offense under Subsection (1), the prosecuting attorney shall:\n(i) dismiss the referral;\n(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\n(iii) except as provided in Subsection (5), file a petition with the juvenile court.\n(b) Upon review of a referral for habitual truancy under Subsection (1), the prosecuting attorney shall dismiss the referral.\n(3) A prosecuting attorney may only file a petition under Subsection (2)(a)(iii) upon reasonable belief that:\n(a) the charges are supported by probable cause;\n(b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and\n(c) the decision to charge is in the interests of justice.\n(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.\n(5) A prosecuting attorney may not file a petition against a minor unless:\n(a) the prosecuting attorney has statutory authority to file the petition under Section 80-6-305; and\n(b)\n(i) the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5;\n(ii) the minor declines a nonjudicial adjustment;\n(iii) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; or\n(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.\n(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.","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-S304.5.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"773538a728d2ba7a7078d72f883a01be975c644aa52ef885c7bf9a58b7a4fb07","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-80-6-304","next":"us-ut/utah-code-80-6-305"},"notice":"GroundRules: Original legal text. Not legal advice."}