§ 80-5-201 — Division responsibilities.

(1) The division is responsible for all minors committed to the division by juvenile courts under Sections 80-6-703 and 80-6-705.
(2) The division shall:
(2)(a) establish and administer a continuum of community, secure, and nonsecure programs for all minors committed to the division;
(2)(b) establish and maintain all detention and secure care facilities and set minimum standards for all detention and secure care facilities;
(2)(c) establish and operate prevention and early intervention youth services programs for nonadjudicated minors placed with the division;
(2)(d) establish observation and assessment programs necessary to serve minors in a nonresidential setting under Subsection 80-6-706(1);
(2)(e) place minors committed to the division under Section 80-6-703 in the most appropriate program for supervision and treatment;
(2)(f) employ staff necessary to:
(2)(f)(i) supervise and control minors committed to the division for secure care or placement in the community;
(2)(f)(ii) supervise and coordinate treatment of minors committed to the division for placement in community-based programs; and
(2)(f)(iii) control and supervise adjudicated and nonadjudicated minors placed with the division for temporary services in juvenile receiving centers, youth services, and other programs established by the division;
(2)(g) control or detain a minor committed to the division, or in the temporary custody of the division, in a manner that is consistent with public safety and rules made by the division;
(2)(h) establish and operate work programs for minors committed to the division by the juvenile court that:
(2)(h)(i) are not residential;
(2)(h)(ii) provide labor to help in the operation, repair, and maintenance of public facilities, parks, highways, and other programs designated by the division;
(2)(h)(iii) provide educational and prevocational programs in cooperation with the State Board of Education for minors placed in the program; and
(2)(h)(iv) provide counseling to minors;
(2)(i) establish minimum standards for the operation of all private residential and nonresidential rehabilitation facilities that provide services to minors who have committed an offense in this state or in any other state;
(2)(j) provide regular training for secure care staff, detention staff, case management staff, and staff of the community-based programs;
(2)(k) designate employees to obtain the saliva DNA specimens required under Section 53-10-403;
(2)(l) ensure that the designated employees receive appropriate training and that the specimens are obtained in accordance with accepted protocol;
(2)(m) register an individual with the Department of Public Safety who:
(2)(m)(i) is adjudicated for an offense that would result in the individual being a child abuse offender under Subsection 53-29-202(2)(a) or a sex offender under Subsection 53-29-202(2)(b);
(2)(m)(ii) is committed to the division for secure care; and
(2)(m)(iii) (2)(m)(iii)(A) if the individual is a youth offender, remains in the division's custody 30 days before the individual's 21st birthday; or
(2)(m)(iii)(B) if the individual is a serious youth offender, remains in the division's custody 30 days before the individual's 25th birthday; and
(2)(n) ensure that a program delivered to a minor under this section is an evidence-based program in accordance with Section 63M-7-208.
(3) (3)(a) The division is authorized to employ special function officers, as defined in Section 53-13-105, to:
(3)(a)(i) locate and apprehend minors who have absconded from division custody;
(3)(a)(ii) transport minors taken into custody in accordance with division policy;
(3)(a)(iii) investigate cases; and
(3)(a)(iv) carry out other duties as assigned by the division.
(3)(b) A special function officer may be:
(3)(b)(i) employed through a contract with the Department of Public Safety, or any law enforcement agency certified by the Peace Officer Standards and Training Division; or
(3)(b)(ii) directly hired by the division.
(4) In the event of an unauthorized leave from secure care, detention, a community-based program, a juvenile receiving center, a home, or any other designated placement of a minor, a division employee has the authority and duty to locate and apprehend the minor, or to initiate action with a local law enforcement agency for assistance.
(5) The division may proceed with an initial medical screening or assessment of a child admitted to a detention facility to ensure the safety of the child and others in the detention facility if the division makes a good faith effort to obtain consent for the screening or assessment from the child's parent or guardian.

Legislative History

Amended by Chapter 291, 2025 General Session