62A-7-104 - Division responsibilities.
62A-7-104. Division responsibilities.
(1) The division is responsible for all youth offenders committed to it by juvenile courtsfor secure confinement or supervision and treatment in the community.
(2) The division shall:
(a) establish and administer a continuum of community, secure, and nonsecure programsfor all youth offenders committed to the division;
(b) establish and maintain all detention and secure facilities and set minimum standardsfor those facilities;
(c) establish and operate prevention and early intervention youth services programs fornonadjudicated youth placed with the division; and
(d) establish observation and assessment programs necessary to serve youth offenderscommitted by the juvenile court for short-term observation under Subsection 78A-6-117(2)(e),and whenever possible, conduct the programs in settings separate and distinct from securefacilities for youth offenders.
(3) The division shall place youth offenders committed to it in the most appropriateprogram for supervision and treatment.
(4) In any order committing a youth offender to the division, the juvenile court shallspecify whether the youth offender is being committed for secure confinement or placement in acommunity-based program. The division shall place the youth offender in the most appropriateprogram within the category specified by the court.
(5) The division shall employ staff necessary to:
(a) supervise and control youth offenders in secure facilities or in the community;
(b) supervise and coordinate treatment of youth offenders committed to the division forplacement in community-based programs; and
(c) control and supervise nonadjudicated youth placed with the division for temporaryservices in receiving centers, youth services, and other programs established by the division.
(6) Youth in the custody or temporary custody of the division are controlled or detainedin a manner consistent with public safety and rules promulgated by the division. In the event ofan unauthorized leave from a secure facility, detention center, community-based program,receiving center, home, or any other designated placement, division employees have the authorityand duty to locate and apprehend the youth, or to initiate action with local law enforcementagencies for assistance.
(7) The division shall establish and operate compensatory-service work programs foryouth offenders committed to the division by the juvenile court. The compensatory-service workprogram shall:
(a) provide labor to help in the operation, repair, and maintenance of public facilities,parks, highways, and other programs designated by the division;
(b) provide educational and prevocational programs in cooperation with the State Boardof Education for youth offenders placed in the program; and
(c) provide counseling to youth offenders.
(8) The division shall establish minimum standards for the operation of all privateresidential and nonresidential rehabilitation facilities which provide services to juveniles whohave committed a delinquent act, in this state or in any other state.
(9) In accordance with policies established by the board, the division shall provideregular training for staff of secure facilities, detention staff, case management staff, and staff of
the community-based programs.
(10) (a) The division is authorized to employ special function officers, as defined inSection 53-13-105, to locate and apprehend minors who have absconded from division custody,transport minors taken into custody pursuant to division policy, investigate cases, and carry outother duties as assigned by the division.
(b) Special function officers may be employed through contract with the Department ofPublic Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
(11) The division shall designate employees to obtain the saliva DNA specimensrequired under Section 53-10-403. The division shall ensure that the designated employeesreceive appropriate training and that the specimens are obtained in accordance with acceptedprotocol.
(12) The division shall register with the Department of Corrections any person who:
(a) has been adjudicated delinquent based on an offense listed in Subsection77-27-21.5(1)(n)(i);
(b) has been committed to the division for secure confinement; and
(c) remains in the division's custody 30 days prior to the person's 21st birthday.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 355, 2008 General Session