78A-6-1203 - Youth Court -- Authorization -- Referral.
78A-6-1203. Youth Court -- Authorization -- Referral.
(1) Youth Court is a diversion program which provides an alternative disposition forcases involving juvenile offenders in which youth participants, under the supervision of an adultcoordinator, may serve in various capacities within the courtroom, acting in the role of jurors,lawyers, bailiffs, clerks, and judges.
(a) Youth who appear before youth courts have been identified by law enforcementpersonnel, school officials, a prosecuting attorney, or the juvenile court as having committed actswhich indicate a need for intervention to prevent further development toward juveniledelinquency, but which appear to be acts that can be appropriately addressed outside the juvenilecourt process.
(b) Youth Courts may only hear cases as provided for in this part.
(c) Youth Court is a diversion program and not a court established under the UtahConstitution, Article VIII.
(2) Any person may refer youth to a Youth Court for minor offenses. Once a referral ismade, the case shall be screened by an adult coordinator to determine whether it qualifies as aYouth Court case.
(3) Youth Courts have authority over youth:
(a) referred for a minor offense or offenses, or who are granted permission for referralunder this part;
(b) who, along with a parent, guardian, or legal custodian, voluntarily and in writing,request Youth Court involvement;
(c) who admit having committed the referred offense;
(d) who, along with a parent, guardian, or legal custodian, waive any privilege againstself-incrimination and right to a speedy trial; and
(e) who, along with their parent, guardian, or legal custodian, agree to follow the YouthCourt disposition of the case.
(4) Except with permission granted under Subsection (5), Youth Courts may not exerciseauthority over youth who are under the continuing jurisdiction of the juvenile court for lawviolations, including any youth who may have a matter pending which has not yet beenadjudicated. Youth Courts may, however, exercise authority over youth who are under thecontinuing jurisdiction of the juvenile court as set forth in this Subsection (4) if the offensebefore the Youth Court is not a law violation, and the referring agency has notified the juvenilecourt of the referral.
(5) Youth Courts may exercise authority over youth described in Subsection (4), and overany other offense with the permission of the juvenile court and the prosecuting attorney in thecounty or district that would have jurisdiction if the matter were referred to juvenile court.
(6) Permission of the juvenile court may be granted by a probation officer of the court inthe district that would have jurisdiction over the offense being referred to Youth Court.
(7) Youth Courts may decline to accept a youth for Youth Court disposition for anyreason and may terminate a youth from Youth Court participation at any time.
(8) A youth or the youth's parent, guardian, or custodian may withdraw from the YouthCourt process at any time. The Youth Court shall immediately notify the referring source of thewithdrawal.
(9) The Youth Court may transfer a case back to the referring source for alternativehandling at any time.
(10) Referral of a case of Youth Court may not prohibit the subsequent referral of thecase to any court.
Renumbered and Amended by Chapter 3, 2008 General Session