§ 80-6-802 — Commitment to secure care -- Rights of individuals in secure care.

(1) If a youth offender is ordered to secure care under Section 80-6-705, the youth offender shall remain in secure care until the youth offender is:

(1)(a) 21 years old;
(1)(b) paroled; or
(1)(c) discharged.
(2) If a serious youth offender is ordered to secure care under Section 80-6-705, the serious youth offender shall remain in secure care until the serious youth offender is:

(2)(a) 25 years old;
(2)(b) paroled; or
(2)(c) discharged.
(3) (3)(a) Subject to Subsection (3)(b), a juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, has the right to:
(3)(a)(i) phone the juvenile offender's or individual's parent, guardian, or attorney; and
(3)(a)(ii) confer in private, at any time, with an attorney, cleric, parent, guardian, or custodian.
(3)(b) The division may:
(3)(b)(i) establish a schedule for which a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, may visit or phone a person described in Subsection (3)(a);
(3)(b)(ii) allow a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to visit or call persons described in Subsection (3)(a) in special circumstances;
(3)(b)(iii) limit the number and length of calls and visits for a juvenile offender, or an individual housed in a secure care facility under Section 80-6-507, to persons described in Subsection (3)(a) on account of scheduling, facility, or personnel constraints; or
(3)(b)(iv) limit the juvenile offender's or individual's rights under Subsection (3)(a) if a compelling reason exists to limit the juvenile offender's or individual's rights.
(3)(c) A juvenile offender in secure care, or an individual housed in a secure care facility under Section 80-6-507, shall be advised of the rights described in Subsection (3)(a).

Legislative History

Amended by Chapter 139, 2023 General Session