Utah Guidelines for Admission

to Secure Youth Detention

Facilities

July 2017
OVERVIEW
AGENDA
 HOUSE BILL 239
JUVENILE JUSTICE AMENDMENTS
CUONG NGUYEN
COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
H.B.239 JUVENILE JUSTICE AMENDMENTS

Focuses on keeping youth out of the juvenile justice

system by providing early intervention services to
at-risk youth

Ensures youth are held accountable while still

keeping the community safe
FOR QUESTIONS ABOUT H.B. 239
EMAIL: hb239info@utah.gov
 JUVENILE JUSTICE SERVICES
DONOVAN BERGSTROM, PROGRAM DIRECTOR
REG GARFF, PROGRAM DIRECTOR
 BOARD OF JUVENILE JUSTICE SERVICES
The Board is the policy making authority for JJS

Reviewed these proposed guidelines

Supported that they be put out for public comment

 OVERVIEW
Stakeholder Working Group was tasked with
ensuring the new guidelines do the following:
Protect the community
Hold youth accountable
Ensure that only youth who are at immediate risk
could be admitted to detention
 STAKEHOLDER MEMBERS
JJS Research & Evaluation Bureau
(John DeWitt & Robbi Poulson)
Department of Human Services Executive Directors Office
(Laura Thompson)
Commission on Criminal and Juvenile Justice
(Cuong Nguyen and Darien Hickey)
 STAKEHOLDER MEMBERS
Prosecuting Attorneys (Ryan Perkins & Paul Wake)
Defense Attorneys (Steve Beck & Rob Lathom)
Juvenile Court (Dennis Moxon)
 STAKEHOLDER MEMBERS
Youth Services (JD Green)
Utah Office for Victims of Crime (Dana Thomas)
Youth Voice (Michelle Vance)
Police Association (Chief Max Jackson and Chief Doug Diamond)
 BACKGROUND

Under H.B. 239, youth can no longer be admitted to

detention solely for multiple misdemeanors in the
same event.
This required a rule change to the Detention
Admission Guidelines.
 KEY REMOVALS
3 or more misdemeanors in a single criminal episode
Youth has failed to appear in a court hearing on a criminal
offense in the past 12 months
Youth has run from court-ordered placement
Youth had 2 or more prior holdable adjudications in the
past 12 months
 KEY ADDITIONS
Youth 10-11 years old can ONLY be admitted on new
charges that are classified as a violent felony
Any class A misdemeanor against a person can be admitted
Any class A or B weapons related charges can be admitted
 KEY ADDITIONS
4 new class A misdemeanors for sexual offenses are holdable:
Sexual battery

Unlawful adolescent sexual activity

Lewdness involving a child

Voyeurism with recording device

 KEY ADDITIONS
2 new class A misdemeanor traffic related offenses are holdable
Leaving the scene of an accident involving injury

DUI involving injury or with passenger under 16 years of age

 KEY REVISION
Immigration Cases: unaccompanied and undocumented
youth can only be held in detention when lawfully requested
by ICE or when they qualify under the same requirements as
other youth
DEMOGRAPHICS
ADMISSIONS
 ADMISSION BY OFFENSE
Admission by Type Admits Percent of
Admissions
All Age New Charges 1,619 30%
Groups Other Reasons 3,747 70%
Total 5,366
 ADMISSIONS BY AGE
Age of Youth Admits R547 Criteria Anticipated Reduction
<12 yrs old 32 9 71.9%
13 yrs old 365 315 13.7%
14 yrs old 731 646 11.6%
15 yrs old 1,106 996 9.9%
16 yrs old 1,464 1,328 9.3%
17 yrs old 1,527 1,368 10.4%
>= 18 yrs old 141 133 5.7%
Total 5,366 4,795 10.6%
 ADMISSIONS BY GENDER
Gender Percent of Number R547 Anticipated
Admits of Admits Criteria Reduction
All Age Females 23% 1,252 1,113 11.1%
Groups
Males 77% 4,114 3,682 10.5%

Total 5,366 4,795 10.6%

 ADMISSIONS BY MINORITY STATUS
Minority Percent of Number R547 Anticipated
Status Admits of Admits Criteria Reduction
Minority 47% 2,496 2,241 10.2%
All Age
Groups White 52% 2,783 2,485 10.7%

Unknown <1% 87 69 20.7%

Total 5,366 4,795 10.6%
 NEXT STEPS
MOVING FORWARD
 NEXT STEPS
Review of public comments & revise rule by July 24, 2017
Rule goes into effect on August 1, 2017
Educate law enforcement, schools, Detention Facilities
and Juvenile Receiving Centers on the new Admission
Guidelines
 PUBLIC COMMENT TIME
HOW DO YOU PROVIDE INPUT?
 HOW CAN YOU PROVIDE INPUT?
Complete Write your comments on the forms provided
Form and place in comment box near door

Verbal Give verbal comment during public hearing

Input

Take comment forms home mail them to the

Mail Form address on the form by July 17, 2017, 5 p.m.

Email Email comments to judyhammer@utah.gov and

Comments refer to R547-13 in the subject line
 PUBLIC COMMENT GUIDELINES

Address your comment at the microphone

Please state your name and affiliation for the record
Please state which city you live in
Comments or questions should be specific to the
guidelines discussed
3 minute time-limit per individual/comment
FOR QUESTIONS ABOUT H.B. 239
EMAIL: hb239info@utah.gov
Thank You
JJS.UTAH.GOV