STATE STATUTES & CODES
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
UTAH STATUTES AND CODES
62A-7-201 - Confinement -- Facilities -- Restrictions.
62A-7-201. Confinement -- Facilities -- Restrictions.
(1) Children under 18 years of age, who are apprehended by any officer or brought beforeany court for examination under any provision of state law, may not be confined in jails, lockups,or cells used for persons 18 years of age or older who are charged with crime, or in securepostadjudication correctional facilities operated by the division, except as provided in Subsection(2), other specific statute, or in conformance with standards approved by the board.
(2) (a) Children charged with crimes under Section 78A-6-701, as a serious youthoffender under Section 78A-6-702 and bound over to the jurisdiction of the district court, orcertified to stand trial as an adult pursuant to Section 78A-6-703, if detained, shall be detained ina jail or other place of detention used for adults.
(b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 prior to ahearing before a magistrate, or under Subsection 78A-6-113(3), may only be held in certifiedjuvenile detention accommodations in accordance with rules promulgated by the division. Thoserules shall include standards for acceptable sight and sound separation from adult inmates. Thedivision certifies facilities that are in compliance with the division's standards. The provisions ofthis Subsection (2)(b) do not apply to juveniles held in an adult detention facility in accordancewith Subsection (2)(a).
(3) In areas of low density population, the division may, by rule, approve juvenileholding accommodations within adult facilities that have acceptable sight and sound separation. Those facilities shall be used only for short-term holding purposes, with a maximum confinementof six hours, for children alleged to have committed an act which would be a criminal offense ifcommitted by an adult. Acceptable short-term holding purposes are: identification, notificationof juvenile court officials, processing, and allowance of adequate time for evaluation of needsand circumstances regarding release or transfer to a shelter or detention facility. The provisionsof this Subsection (3) do not apply to juveniles held in an adult detention facility in accordancewith Subsection (2)(a).
(4) Children who are alleged to have committed an act which would be a criminaloffense if committed by an adult, may be detained in holding rooms in local law enforcementagency facilities for a maximum of two hours, for identification or interrogation, or whileawaiting release to a parent or other responsible adult. Those rooms shall be certified by thedivision, according to the division's rules. Those rules shall include provisions for constantsupervision and for sight and sound separation from adult inmates.
(5) Willful failure to comply with any of the provisions of this section is a class Bmisdemeanor.
(6) (a) The division is responsible for the custody and detention of children under 18years of age who require detention care prior to trial or examination, or while awaitingassignment to a home or facility, as a dispositional placement under Subsection78A-6-117(2)(f)(i) or 78A-6-1101(3)(a), and of youth offenders under Subsection 62A-7-504(8). The provisions of this Subsection (6)(a) do not apply to juveniles held in an adult detentionfacility in accordance with Subsection (2)(a).
(b) The division shall provide standards for custody or detention under Subsections(2)(b), (3), and (4), and shall determine and set standards for conditions of care and confinementof children in detention facilities.
(c) All other custody or detention shall be provided by the division, or by contract with apublic or private agency willing to undertake temporary custody or detention upon agreed terms,
(1) Children under 18 years of age, who are apprehended by any officer or brought beforeany court for examination under any provision of state law, may not be confined in jails, lockups,or cells used for persons 18 years of age or older who are charged with crime, or in securepostadjudication correctional facilities operated by the division, except as provided in Subsection(2), other specific statute, or in conformance with standards approved by the board.
(2) (a) Children charged with crimes under Section 78A-6-701, as a serious youthoffender under Section 78A-6-702 and bound over to the jurisdiction of the district court, orcertified to stand trial as an adult pursuant to Section 78A-6-703, if detained, shall be detained ina jail or other place of detention used for adults.
(b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 prior to ahearing before a magistrate, or under Subsection 78A-6-113(3), may only be held in certifiedjuvenile detention accommodations in accordance with rules promulgated by the division. Thoserules shall include standards for acceptable sight and sound separation from adult inmates. Thedivision certifies facilities that are in compliance with the division's standards. The provisions ofthis Subsection (2)(b) do not apply to juveniles held in an adult detention facility in accordancewith Subsection (2)(a).
(3) In areas of low density population, the division may, by rule, approve juvenileholding accommodations within adult facilities that have acceptable sight and sound separation. Those facilities shall be used only for short-term holding purposes, with a maximum confinementof six hours, for children alleged to have committed an act which would be a criminal offense ifcommitted by an adult. Acceptable short-term holding purposes are: identification, notificationof juvenile court officials, processing, and allowance of adequate time for evaluation of needsand circumstances regarding release or transfer to a shelter or detention facility. The provisionsof this Subsection (3) do not apply to juveniles held in an adult detention facility in accordancewith Subsection (2)(a).
(4) Children who are alleged to have committed an act which would be a criminaloffense if committed by an adult, may be detained in holding rooms in local law enforcementagency facilities for a maximum of two hours, for identification or interrogation, or whileawaiting release to a parent or other responsible adult. Those rooms shall be certified by thedivision, according to the division's rules. Those rules shall include provisions for constantsupervision and for sight and sound separation from adult inmates.
(5) Willful failure to comply with any of the provisions of this section is a class Bmisdemeanor.
(6) (a) The division is responsible for the custody and detention of children under 18years of age who require detention care prior to trial or examination, or while awaitingassignment to a home or facility, as a dispositional placement under Subsection78A-6-117(2)(f)(i) or 78A-6-1101(3)(a), and of youth offenders under Subsection 62A-7-504(8). The provisions of this Subsection (6)(a) do not apply to juveniles held in an adult detentionfacility in accordance with Subsection (2)(a).
(b) The division shall provide standards for custody or detention under Subsections(2)(b), (3), and (4), and shall determine and set standards for conditions of care and confinementof children in detention facilities.
(c) All other custody or detention shall be provided by the division, or by contract with apublic or private agency willing to undertake temporary custody or detention upon agreed terms,
or in suitable premises distinct and separate from the general jails, lockups, or cells used in lawenforcement and corrections systems. The provisions of this Subsection (6)(c) do not apply tojuveniles held in an adult detention facility in accordance with Subsection (2)(a).
Amended by Chapter 38, 2010 General Session
Utah Forms by Issue
Utah Court Forms
Utah Law
Utah Court Map
Tips