Section R547-13-3 - General Rules(1) A minor under the age of 12 may not be detained in a secure detention facility, unless the minor is arrested for any of the following state or federal equivalent criminal offenses:(a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;(b) Section 76-5-202, aggravated murder or attempted aggravated murder;(c) Section 76-5-203, murder or attempted murder;(d) Section 76-5-302, aggravated kidnapping;(e) Section 76-5-405, aggravated sexual assault;(f) Section 76-6-103, aggravated arson;(g) Section 76-6-203, aggravated burglary;(h) Section 76-6-302, aggravated robbery; or(i) Section 76-10-508.1, felony discharge of a firearm. (2) No child under the age of ten may be detained in a secure detention facility, except as authorized by the director. The director may authorize a child under the age of ten to be detained for up to 48 hours, excluding weekends and holidays, under extraordinary circumstances.(a) Extraordinary circumstances exist when:(i) a child under the age of ten is arrested for any of the state or federal equivalent criminal offenses listed in Subsections R547-13-3(1)(a) through R547-13-3(1)(i);(ii) releasing the child under the age of ten to a parent, guardian, or custodian presents an unreasonable risk to public safety; and(iii) there is no less restrictive alternative placement available.(b) If the director makes a finding of extraordinary circumstance, as described in Subsection R547-13-3(2)(a), the finding shall be provided to the court before the probable cause determination required under Utah Rules of Juvenile Procedure, Section 9(b).(c) A minor under the age of ten may be held longer than 48 hours if:(i) a juvenile court judge finds detention is warranted; and (ii) the director determines that the extraordinary circumstances in Subsection R547-13-3(2)(a) continue to exist.(3) A minor age 12 or over may be detained in a secure detention facility if: (a) a minor is arrested for any of the following state or federal equivalent criminal offenses; (i) any offense that would be a felony if committed by an adult;(ii) any attempt, conspiracy, or solicitation to commit a felony offense;(iii) any class A misdemeanor violation of 76-5 Part 1, offense against the person; assault and related offenses;(iv) any class A or B misdemeanor violation of Section 76-10-5, use of a firearm or other dangerous weapon;(v) a class A misdemeanor violation of Section 76-5-206, negligent homicide;(vi) a class A misdemeanor violation of Subsection 58-37-8(1)(b)(iii), a controlled substance violation;(vii) any criminal offense defined as domestic violence by Subsections 77-36-1(4) and 78B-7-102(5)(a) and (b);(viii) a class A or B misdemeanor violation of Subsection 76-6-104(1)(a) or (b), reckless burning that endangers human life;(ix) a class A misdemeanor violation of Section 76-6-105, causing a catastrophe;(x) a class A misdemeanor violation of Subsection 76-6-106(2)(b)(i)(a), criminal mischief involving tampering with property that endangers human life;(xi) a class A misdemeanor violation of Section 76-6-406, theft by extortion;(xii) a class A misdemeanor violation of Section 76-9-702.1, sexual battery;(xiii) a class A misdemeanor violation of Subsection 76-5-401.3(2)(c) or (d), unlawful adolescent sexual activity;(xiv) a class A misdemeanor violation of Section 76-9-702.5, lewdness involving a child;(xv) a class A misdemeanor violation of Subsection 76-9-702.7(1), voyeurism with recording device;(xvi) a class A misdemeanor violation of Subsection 41-6A-401.3(2), leaving the scene of an accident involving injury; and(xvii) a class A misdemeanor violation of Subsection 41-6A-503(1)(b)(i) or (ii), driving under the influence involving injury, driving under the influence with a passenger under 16 years of age;(b) the minor is an escapee or absconder from a Juvenile Justice and Youth Services secure facility or community placement; or(c) the minor has been verified as a fugitive, absconder from probation or parole, or a runaway from another state and a formal request has been received, such as a National Crime Information Center verification, a telephone call, fax, or email from a law enforcement officer or a verified call, fax, or email from the institution, to hold, pending return to the other jurisdiction, whether or not an offense is currently charged.(4) A minor not otherwise qualified for admission to a secure detention facility may not be detained for any of the following:(a) ungovernable or runaway behavior;(b) neglect, abuse, abandonment, dependency, or other status requiring protection for any other reason;(c) status offenses such as curfew, possession or consumption of alcohol, tobacco, minor-in-a-tavern, truancy; orUtah Admin. Code R547-13-3
Amended by Utah State Bulletin Number 2017-16, effective 8/1/2017Amended by Utah State Bulletin Number 2017-20, effective 9/26/2017Amended by Utah State Bulletin Number 2020-16, effective 7/28/2020Adopted by Utah State Bulletin Number 2024-05, effective 2/27/2024Amended by Utah State Bulletin Number 2024-13, effective 6/24/2024