78A-6-602 - Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal referral -- Citation -- Failure to appear.
78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formalreferral -- Citation -- Failure to appear.
(1) A proceeding in a minor's case is commenced by petition, except as provided inSections 78A-6-701, 78A-6-702, and 78A-6-703.
(2) (a) A peace officer or any public official of the state, any county, city, or towncharged with the enforcement of the laws of the state or local jurisdiction shall file a formalreferral with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken toa detention facility, the formal referral shall be filed with the juvenile court within 72 hours,excluding weekends and holidays. There shall be no requirement to file a formal referral withthe juvenile court on an offense that would be a class B misdemeanor or less if committed by anadult.
(b) When the court is informed by a peace officer or other person that a minor is orappears to be within the court's jurisdiction, the probation department shall make a preliminaryinquiry to determine whether the interests of the public or of the minor require that further actionbe taken.
(c) Based on the preliminary inquiry, the court may authorize the filing of or request thatthe county attorney or district attorney as provided under Sections 17-18-1 and 17-18-1.7 file apetition. In its discretion, the court may, through its probation department, enter into a writtenconsent agreement with the minor and, if the minor is a child, the minor's parent, guardian, orcustodian for the nonjudicial adjustment of the case if the facts are admitted and establish primafacie jurisdiction. Efforts to effect a nonjudicial adjustment may not extend for a period of morethan 90 days without leave of a judge of the court, who may extend the period for an additional90 days.
(d) The nonjudicial adjustment of a case may include conditions agreed upon as part ofthe nonjudicial closure:
(i) payment of a financial penalty of not more than $250 to the Juvenile Court;
(ii) payment of victim restitution;
(iii) satisfactory completion of compensatory service;
(iv) referral to an appropriate provider for counseling or treatment;
(v) attendance at substance abuse programs or counseling programs;
(vi) compliance with specified restrictions on activities and associations; and
(vii) other reasonable actions that are in the interest of the child or minor and thecommunity.
(e) Proceedings involving offenses under Section 78A-6-606 are governed by that sectionregarding suspension of driving privileges.
(f) A violation of Section 76-10-105 that is subject to the jurisdiction of the JuvenileCourt shall include a minimum fine or penalty of $60 and participation in a court-approvedtobacco education program, which may include a participation fee.
(3) Except as provided in Sections 78A-6-701 and 78A-6-702, in the case of a minor 14years of age or older, the county attorney, district attorney, or attorney general may commence anaction by filing a criminal information and a motion requesting the juvenile court to waive itsjurisdiction and certify the minor to the district court.
(4) (a) In cases of violations of wildlife laws, boating laws, class B and class Cmisdemeanors, other infractions or misdemeanors as designated by general order of the Board ofJuvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the
Juvenile Court, a petition is not required and the issuance of a citation as provided in Section78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry is notrequired unless requested by the court.
(b) Any failure to comply with the time deadline on a formal referral may not be thebasis of dismissing the formal referral.
Amended by Chapter 38, 2010 General Session