Utah § 80-6-304.5 Prosecutorial review of referral to juvenile court -- Filing a petition.

Utah Statutes

§ 80-6-304.5 — Prosecutorial review of referral to juvenile court -- Filing a petition.

Utah § 80-6-304.5

Title 80Utah Juvenile Code

Ch. 80-6Juvenile Justice

Part 80-6-3Referral and Prosecution

This text of Utah § 80-6-304.5 (Prosecutorial review of referral to juvenile court -- Filing a petition.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 80-6-304.5 (2026).

Text

(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)(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 petitio

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(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) (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) (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.