HB 239, General Session 2017
Policy changes focused on preventing deeper involvement in the juvenile justice system for youths who are referred for lower-level offenses, protecting the community by focusing system resources on youths who pose the highest risk to public safety, and improving outcomes through reinvestment and increased system accountability.
HB 304, General Session 2023
House Bill 304 made several changes to the juvenile justice system including when class C misdemeanors, infraction, or status offenses can be referred to the Juvenile Court, when notifications are sent to schools, eligibility criteria for NJAs, and additional data reporting requirements.
HB 362, General Session 2024
House Bill 362 reduced two previous occasions down to one previous occasion before being able to refer class C misdemeanors, infractions, or status offenses to Juvenile Court; expanded reintegration plans to include serious offenses which would include a violent felony (76-3-203.5), theft of a firearm offense (76-6-4), or a weapons offense (76-10-5); added handgun possession by a minor to the list of 3rd degree felonies; and clarifies habitual truancy and probation notices.
This ninth annual report provides an update on juvenile justice policies that were passed in 2017 and subsequent years. Previous years reporting were in Fiscal Year. The data represented in this report reflects Calendar Year (CY) 2024.
Highlights from this year’s report are as follows:
Youth are being referred to Utah’s juvenile court at a rate of 3.28 per 100 youths in CY 2024. Overall, there were 13,989 referrals to the Juvenile Court in CY 2024 which represents a rate of 3.28 per 100 youths.
Youths continue to be diverted from the system through the use of Nonjudicial Adjustments. The share of youths entering into a Nonjudicial Adjustment for CY 2024 was 65% with 94% of current Nonjudicals receiving a successful completion.
Court supervision through Intake or Formal Probation is guided by a youth’s risk and needs. For CY 2024, the rate for Intake Probation was 1.56 per 1000 youths while the rate for Formal Probation was 1.72 per 1000 youths.
Admissions to Locked Detention show a slight decrease from CY 2023. The rate for Locked Detention was 4.74 per 1,000 youths in CY 2024, a decrease from 4.91 per 1,000 youths in CY 2023.
The rate of Community Placement and Secure Care remains below 1 per 1,000 youths from CY 2017 to 2024. The rate for Community placement was .39 per 1,000 youths, and Secure Care was .19 per 1,000 youths in CY 2024.
Continued effort is placed in front end services such as the Juvenile Justice and Youth Services (JJYS), Youth Services Implementation program and School Based Outreach. Since the reinvestment of dollars into JJYS’ Youth Services program and School Based Outreach, recidivism outcomes continue to improve with an increase from 98.0% in CY 2020 to 99.3% in CY 2024 of those cases avoiding a new avoid Court Ordered custody to the Division of Child and Family Services (DCFS) or JJYS, or Court Ordered Formal Probation within 90 days of release. Data for JJYS enrollments and Court Ordered custody to DCFS, JJYS, or Court Ordered Formal Probation, are collected through the JJYS case management information system.
For more detailed information on various data trends, see the “Performance Metrics”, “School-specific Information”, “Serious Offenses”, and “Recidivism” tabs on the top menu bar.
Adjudication: The court process that determines if a juvenile committed the act they were charged for.
Adjudicated is analogous to the criminal justice system’s term “convicted” and indicates that the court had sufficient evidence to find that the referred allegations are true.
Bound over is when a minor who commits a serious offense that would be considered a felony if committed by an adult, is tried in the adult system and can receive an adult sentence or penalty.
Community Placement: Residential placements for youths committed to JJYS Custody by the Juvenile Court. These include proctor care, group homes, and boarding schools.
Contempt of Court: Contempt of court is a finding by a judge that a youth has willfully and knowingly violated an order of the court.
Delinquency: An act committed by a juvenile for which an adult could be prosecuted in a criminal court, but when committed by a juvenile is within the jurisdiction of the Juvenile Court. Delinquent acts include person, property, drug, and public order offenses.
Episode-based: Episode-based counts may include duplicate youths. One episode may include multiple incidents that occurred on the same incident date. Data for this report is displayed by episodes.
Evidence-based: HB 239 defined evidence-based as “…a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool.” HB 132 added that evidence-based interventions to address school-based behaviors include programs and practices that have been approved by the State Board of Education. 1
Information Filed: Information Filed means a case was directly filed in an adult district court. The only cases that would qualify for a direct file are over 16 for murder and aggravated murder.
House Bill 239: House Bill 239, Juvenile Justice Amendments, was passed during Utah’s 2017 General Session. HB 239 is a package of policies designed to promote public safety, hold juvenile offenders accountable, control costs, and improve outcomes.2
House Bill 304: House Bill 304, Juvenile Justice Revisions, was passed during Utah’s 2023 General Session. House Bill 304 made several changes to the juvenile justice system including when class C misdemeanors, infraction, or status offenses can be referred to the Juvenile Court, when notifications are sent to schools, eligibility criteria for NJAs, and additional data reporting requirements.3
JJYS: This is an acronym for the Division of Juvenile Justice and Youth Services within the Department of Health and Human Services. JJYS provides a continuum of intervention, supervision, and rehabilitation programs to juvenile offenders in the state of Utah.
JJYS Custody: Community Placement and Secure Care are different types of “JJYS Custody” that a youth can be placed under. These are also places a youth under a specific custody typically reside. Community Placement may include proctor care, group homes, and boarding schools while Secure Care are long-term locked confinement facilities.
Locked Detention: In Utah, the Division of Juvenile Justice and Youth Services provides locked detention services. According to this agency, “Locked Detention provides short-term locked confinement for delinquent youths awaiting adjudication, placement, or serving a sentence as ordered by a Juvenile Court Judge.”4
Nonjudicial Adjustment (NJA): HB239 defines a nonjudicial adjustment as a “closure of the case by the assigned probation officer, without an adjudication of the minor’s case under 80-06-701, upon consent in writing of (a) the assigned probation officer; and (b) (i) the minor; or (ii) the minor and the minor’s parent, legal guardian, or custodian”. Initially, a representative from the courts is assigned to work with all youths who enter the justice system, regardless of the severity of the alleged offense. During the preliminary interview, or the first contact with the juvenile court, assessments are conducted, and a nonjudicial adjustment (NJA) is offered (if applicable).5
Order to Show Cause: An “Order to Show Cause” is shorthand for a Motion for an Order to Show Cause which is a motion asking the judge to make a finding that a youth willfully and knowingly violated a court order and enter orders that provide a consequence for the youths actions. When a judge grants a Motion for an Order to Show Cause, the judge holds the youth in contempt of court.
Petition: Formally charged (petitioned) delinquency cases are those that appear on a court calendar in response to the filing of a petition, complaint, or other legal instrument requesting the court to adjudicate a youth as a delinquent or status offender, or to waive jurisdiction and transfer a youth to criminal court. Petitioning occurs when a juvenile court intake officer, prosecutor, or other official determines that a case should be handled formally.
Probation: Utah has two levels of court-ordered probation: Intake Probation and Formal Probation. A Judge may order either formal or intake probation when a youth appears in court for a referral that has been petitioned. Initially, a representative from the courts is assigned to work with all youths who enter the justice system, regardless of the severity of the alleged offense. During the preliminary interview, or the first contact with the juvenile court, assessments are conducted that help the court to determine how best to work with a youth.
PRA: The Protective & Risk Assessment (PRA) is a risk and needs assessment tool validated to assess the risk that youth who have contact with Utah’s juvenile justice system will reoffend. The tool generates a level of low, moderate, and high risk to reoffend that corresponds to that generated by the PSRA (see PSRA definition below). Further, this tool helps to identiCY the criminogenic risk factors that may be contributing to a youth’s delinquent behaviors and the protective items that may be helping to mitigate the frequency and severity of these behaviors.
PSRA: The Pre-Screen Risk Assessment (PSRA) is a risk assessment tool validated to assess the risk that youth who have contact with Utah’s juvenile justice system will reoffend. The tool classifies youths as low, moderate, or high risk to reoffend. The results help to inform level of contact and placement decisions as well as to indicate whether further assessment is needed.
Referral: When a potentially delinquent youth is sent forward for legal processing and received by a juvenile court either as a result of law enforcement action or upon a complaint by a citizen, school, government entity, or other individual or organization.
Receiving Center: A non-secure, nonresidential program established by the division or under contract with the division that is responsible for juveniles taken into custody by a law enforcement officer for status offenses, infractions, or delinquent acts.
Risk/Risk Level: Generally, in juvenile justice, risk/risk level indicates a classification of how likely a youth who has contact with the system will reoffend from a validated risk assessment tool. For this report, the terms risk and risk level refer to the level of risk that youth will reoffend that is identified by the PSRA or PRA, which for both of these assessments, is called the PSRA Risk Level (see PSRA Risk Level definition above).
Secure Care: Long-term locked confinement facilities for serious and habitual delinquent youths who are high-risk to reoffend.
Serious Offense: During the 2024 legislative session, Utah passed House Bill (HB) 3626. This bill changed the type of offenses that will trigger a notification to Schools from the Juvenile Court, Juvenile Justice and Youth Services, and Law Enforcement. Specifically Section 80-6-103 states if a minor is taken into temporary custody for a serious offense defined as a violent felony (Section 76-3-203.5), theft of a firearm offense (Section 76-6-4), or a weapons offense (Section 76-10-5), a notification shall be sent to the minor’s school. These offenses could have occurred or allegedly occurred outside of the school setting.
The Utah Juvenile Justice Oversight Committee (JJOC) meets on a quarterly basis while the working groups meet as needed, depending on the targeted project or subject area. Described below are the working groups in Calendar Year (CY) 2024.
Juvenile Justice Oversight Committee: The JJOC is comprised of various stakeholders from the following organizations:
The following groups were a continuation from the previous year or started in CY 2024.
Data Working Group: This group works to identiCY and collect performance and outcome measures that pertain to juvenile justice policies. This group meets annually and as needed to assess policy changes as it relates to data collection.
Detention Risk Assessment Working Group: This group is charged with monitoring and refining the Utah Detention Risk Assessment Tool (DRAT). Stakeholders include individuals from the AOC, JJYS, and JJOC.
Gun Interventions: This working group is a continuation from 2023 efforts to focus on the issue of youth gun violence. Following the 2024 session, this working group reconvened and included a school safety focus to ensure communication and efforts across all groups are aligned. This working group identified an intervention may be needed at the court level once the youth comes to court with a gun possession related charge, and at the prevention level within schools and communities. The working group has gone through the research and other existing literature on effective programming/intervention at the court level, specifically identiCYing possible avenues to enhance existing probation services.
Juvenile Justice Stakeholder Legislative Working Group: Members from the JJOC as well as CCJJ’s other juvenile justice groups of the Utah Board of Juvenile Justice and the Racial and Ethnic Disparities Collaborative meet weekly during the legislative session to review and discuss juvenile related bills.
Youth and Gangs: This working group was created from concerns that were raised by stakeholders including a trend in youth committing more serious offenses and joining gangs at a younger age, and that violent delinquency trends have been increasing due to changes in juvenile justice reform. This working group includes individuals from the Department of Public Safety, Salt Lake Metro Gang Unit, other local law enforcement, AOC, JJYS, JJOC, Defense, Prosecution, and others. The working group has met several times and have been reviewing existing data on overall delinquency trends and serious offenses trends (which includes violent offenses, theft of a firearm, and weapon offenses). Please see new tab on “Serious Offenses” for further information.
Miscellaneous: Members of the JJOC may also participate in other groups led by members of the Utah legislature throughout the year. For CY 2024, several JJOC members are a part of the School Security Task force.7
Utah has worked hard to establish and maintain robust and integrated juvenile justice data systems. This allows for studying policy and program effectiveness as well as population trends through time. In these annual reports we focus on summary statistics before and after the implementation of Juvenile Justice Reform in Utah. We do not attempt to establish causal relationships of any kind. While measuring population changes through time can be valuable in understanding potential policy effects, robust statistical methods are needed to account for changes that often occur through time that may be independent of the policy or program one aims to study. One example of such change could include the effects of the continued COVID-19 pandemic on various juvenile justice partners as they had to adjust policy and practice within their systems. In other words, these factors could influence the population outcomes we discuss here. Furthermore, while the measures presented here are useful in understanding initial system changes, implementation of new policies and practices takes time and requires support and resources before they can reach their full potential. To learn more information on all performance metrics of the juvenile justice reform, please visit our transparency website.
The following data represents Calendar Year 2024.
Historically, a large share of referrals to Utah’s Juvenile Court pertained to relatively minor levels of delinquency and even misbehaviors that do not rise to the level of delinquency.8 Because local and national research shows that the most effective strategy for youth who are determined to be at lower-risk to reoffend is to minimize involvement with the Juvenile Court,9 a core objective of policies that passed in 2017 was to ensure that our juvenile justice system reserve its resources for youths charged with severe delinquent behavior and those who are at high risk of experiencing sustained delinquency without system intervention. It is important to note, there have been various juvenile justice policies that have passed since 2017. Interpretation of trends should take into consideration all juvenile justice policies that have impacted the justice system.
Overall, there were 13,989 referrals to the Juvenile Court in CY 2024, which represents a per capita referral rate10 of 3.28 per 100 youths.
Figures 1.1-1.4 provide information on Juvenile Court referrals by Judicial District, minority status, and risk level. Figures 1.5-1.9 provide episode counts broken down by Judicial Districts on the number of petitions, number of petitions that were dismissed, number of adjudications, number of contempts, number of order to show cause, and number of information filed.
Data for this section is displayed by episodes. Episode-based counts may include duplicate youths. One episode may include multiple incidents that occurred on the same incident date. If a minor was to have several incidents that occurred on the same incident date, an episode-based count will show the most severe charge.
Overall
Figure 1.1 shows the rate of referrals to Utah’s Juvenile Court for CY
2024.
Referrals by Judicial District
Figure 1.2 shows the rate of referrals per 1,000 youths to Utah’s
Juvenile Court by Judicial District for CY 2024.
Minority Status
Figure 1.3 shows the share of Juvenile Court referrals for youths
identified as minority, and nonminority. To place these numbers into
context, while minority youth make up about 28% of Utah’s overall youth
population,11 minority youth made up about 43% of these
referrals in CY 2024.
Risk Level
Figure 1.4 shows Juvenile Court referrals by risk level for CY 2024. In
CY 2024, 67% were assessed as low risk, 17% as moderate risk and 17% as
high risk.
Petitions by Judicial District
Figure 1.5 shows the number of Petition cases by Judicial Districts for
CY 2024.
Petition and Dismissals by Judicial District
Figure 1.6 shows the number of Petition cases that were dismissed by
Judicial Districts for CY 2024.
Number of Adjudications by Judicial District
Figure 1.7 shows the number of adjudications by Judicial Districts for
CY 2024.
Contempts
Figure 1.8 shows the number of Orders of Contempt by Judicial Districts
for CY 2024. Overall, the number of Contempt filings in Juvenile Court
is low (48 cases) in CY 2024.
Order to Show Cause
An Order to Show Cause (OSC) is a short-hand reference to a Motion for
an Order to Show Cause, which is a motion asking the judge to give
consequences to a youth by entering an Order of Contempt because the
youth did not follow through with court orders or they violated a court
order. Figure 1.9 shows the number OSCs by Judicial Districts for CY
2024.
Information Filed
Information Filed means the youth was either directly filed in the adult
system or a transfer hearing in the juvenile court system was triggered.
In CY 2024, there were 12 distinct youths for whom information was filed
for their case to be transferred to the District Court. Additionally,
there were 2 bound overs.
In CY 2024, 65% of youths were diverted from the formal Juvenile Court process through the use of Non-Judicial Adjustments.
Policy Summary
Nonjudicial adjustments (NJAs) are agreements between a youth and a Probation Officer that present youths with an opportunity to avoid having the alleged offense petitioned to court. Reform policies intend to ensure that youths who engage in lower-level delinquency are offered an NJA because research suggests that youths, families, and communities experience better outcomes when youths other than those who present the highest risk to the community are held accountable through diversion outside of the court.12
The following section provides an overview of (1) the share of NJAs entered and Petitions in CY 2024, (2) the share of NJAs by Judicial District, (3) the breakdown of NJAs categorized as successful or unsuccessful, (4) NJAs outcome by Judicial District (5) the time on NJA in period, (5) the share of NJAs by youths identified as nonminority13 and minority,14 and (6) the share of youths who entered an NJA by PSRA risk level.
Data for this section is displayed by episodes. Episode-based counts may include duplicate youths. One episode may include multiple incidents that occurred on the same incident date. If a minor was to have several incidents that occurred on the same incident date, an episode-based count will show the most severe charge.
Overall
Figure 2.1 shows the share of initial intake decisions that resulted in
an NJA, petition, or a category known as other.15 for CY 2024. About
65% of youths entered into an NJA agreement in CY 2024.
NJAs by Judicial District
Figure 2.2 shows the number of NJAs by Judicial District for CY 2024.
NJAs Outcomes
Figure 2.3 provides a breakdown of NJAs categorized as successful,
meaning the youth completed the terms of their agreement, or
unsuccessful for CY 2024. The vast majority of NJAs, 94% were deemed as
successful for CY 2024.
NJA Outcomes by Judicial District
Figure 2.4 shows NJA Outcomes by Judicial District for CY 2024.
Time on NJA in Period
Figure 2.5 shows the percentage breakdown as it relates to the length
of time youths spend on an NJA. About 56% of the total NJAs were under
90 days with 30% falling between 91-120 days, and 14% over 121 days.16
Minority Status Overall
Figure 2.6 shows the share of youths entering into an NJA by minority
status for CY 2024.
Risk Level
Figure 2.7 shows the percent of NJAs by risk level for CY 2024.
Court supervision through Intake or Formal Probation is guided by a youth’s risk and needs.
Policy Summary
Reform policies reinforced that standards of supervision should be individualized and guided by a youth’s risk and needs levels. This first contact between a referred youth and the Probation Officer takes place at the Preliminary Inquiry where the assessments are conducted and the NJA is offered (if applicable). Alternatively, when a youth is formally petitioned to court and appears before a judge, a youth may be placed on Formal Probation, which statute defines as court monitoring that includes field supervision, or Intake Probation, court monitoring that does not include field supervision. HB 239 also focused on setting presumptive time limits to assure that cases do not linger in the system (e.g. for fines only) after the youths complete the majority of their court obligations.
The following section provides an overview on Intake and Formal Probation in these areas (1) the rate youths are ordered to Probation, (2) the number of Probation orders by Judicial District, (3) time in period for completion, (4) the number of orders to Probation by youths identified as nonminority17 and minority,18 and (5) the number of youths by PSRA risk level.
Data for this section is displayed by episodes. Episode-based counts may include duplicate youths. One episode may include multiple incidents that occurred on the same incident date. If a minor was to have several incidents that occurred on the same incident date, an episode-based count will show the most severe charge.
Overall
Figure 3.1 shows the orders to Formal and Intake Probation for CY 2024.
It is important to note for CY 2024, there was an improvement made in
the data system report. The change made is counting only adjudicated
episodes, rather than all episodes a youth could come in with. For
example, if a youth has five episodes/referrals and is going on
probation, but the youth was adjudicated on only three episodes, we
should only be counting the three, not five. For CY 2024, the rate for
Intake Probation was 1.56 per 1000 youths while the rate for Formal
Probation was 1.72 per 1000 youths.
Probation Orders by Judicial District
Figure 3.2 shows the number of Probation Orders by Judicial District for
CY 2024.
Time on Probation in Period
Figure 3.3 shows the breakdown in percentages for the time spent on
Formal and Intake Probation for CY 2024. For Formal Probation, an \(\approx\) 22% were under 90 days with an
\(\approx\) 48% falling between 91-180
days, and an \(\approx\) 30% between
181-360 days. An \(\approx\) 41% of the
total Intake Probation were under 90 days with an \(\approx\) 46% falling between 91-180 days,
and an \(\approx\) 13% between 181-360
days. While changes in policy reform provide a 90 day time frame for
Intake Probation and 120-180 days for Formal Probation, the time on
probation may vary depending on the individualized probation orders or
if there are changes in statutory guidelines.19
Minority Status Overall
Figure 3.4 shows the number of youths identified as nonminority and
minority who were ordered to Formal or Intake Probation. While this data
does not factor in the level of offense leading to youths being ordered
to probation, it is important to note that minority youth makes up
approximately 28% of Utah’s youth population while nonminority youth
accounts for 72%.20
Risk Level
Figure 3.5 shows the percent of Formal and Intake Probation orders by
risk level for CY 2024. As expected, a larger share of low risk youths
accounted for Intake Probation compared to Formal Probation because
reform policies reinforced that standards of supervision should be
guided by a youth’s risk and needs levels.
Admissions to Locked Detention in CY 2024 show a slight decrease from CY 2023.
Policy Summary
The trend in admissions to Locked Detention should be guided by the utilization of the detention admission guidelines along with the results of the detention risk assessment tool. In Utah, Locked Detention provides locked confinement (typically short-term) for delinquent youth awaiting adjudication or placement or who have received a disposition from a Juvenile Court judge to be held in a secure facility for a period of time.
The following section provides an overview of (1) the rate21 in detention admissions for CY 2017-2024, (2) the number of Locked Detention episodes by Judicial District, 3) average length of stay and (4) the share of Locked Detention episodes by youths identified as nonminority22 and minority.23
Data for this section is displayed by episodes. Episode-based here means consecutive assignments at the same Detention facility that were separated by four or fewer hours.
Admissions to Locked Detention
Figure 4.1 shows the rate Locked Detention episodes for CY 2017-2024.
The rate for Locked Detention was 4.74 per 1,000 youths, a decreased
from 4.91 per 1,000 youths in CY 2023.
Locked Detention Episodes by Judicial District
Figure 4.2 shows the number of Locked Detention episodes by Judicial
District for CY 2024.
Average Length of Stay
Figure 4.3 shows the average length of stay of Locked Detention episodes
(in days) for CY 2017-2024.
Minority Status Overall
Figure 4.4 shows the distribution of the Locked Detention episodes by
minority status for CY 2017-2024. Minority youth make up about 28% of
Utah’s overall youth population24 while accounting for 54% in the Locked
Detention population in CY 2024.
The rate of Community Placement orders was less than 1 per 1,000 youths in CY 2024.
Policy Summary
Community Placement is for youths ordered into the custody of JJYS and are usually private residential settings outside of the home. Placements could include Group Homes, Proctor Placements, and Independent Living programs.
The following section provides an overview of (1) the rate25 of orders to Community Placement for CY 2017-2024, (2) the number of youths ordered to Community Placement by Judicial District, 3) average length of stay and (4) the share of Community Placement orders by youths identified as nonminority26 and minority.27
Data for this section is displayed by episodes. Episode-based here means one or more commitments of a particular type (Community Placement) that were ordered by the Court on the same date.
Rate of Orders to Community Placement
Figure 5.1 shows the rate that youths were ordered to Community
Placement for CY 2017-2024.
Community Placement Orders by Judicial District
Figure 5.2 shows the number of Community Placement episodes by Judicial
District for CY 2024.
Average Length of Stay
Figure 5.3 shows the average length of stay of Community Placement
episodes for CY 2017-2024.
Minority Status Overall
Figure 5.4 shows the distribution of the Community Placement episodes by
minority status for CY 2017-2024. Minority youth make up about 28% of
Utah’s overall youth population28 while accounting for 49% in Community
Placement episodes in CY 2024.
The rate of admissions to Secure Care remains less than 1 per 1,000 youths for CY 2024.
Policy Summary
Secure Care is for youths ordered into the custody of Juvenile Justice and Youth Services by a Juvenile Court Judge with oversight by the Youth Parole Authority. JJYS provides services to youths who are ordered Secure Care commitment by the Juvenile Court.
The following section provides an overview of (1) the rate29 in Secure Care admissions for CY 2017-2024, (2) the number of Secure Care episodes by Judicial District, 3) average length of stay and (4) the share of Secure Care episodes by youths identified as nonminority30 and minority.31
Data for this section is displayed by episodes. Episode-based here means one or more commitments of a particular type (Secure Care) that were ordered by the Court on the same date.
Rate of Orders to Secure Care
Figure 6.1 shows the rate of Secure Care orders for CY 2017-2024.
Secure Care Episodes by Judicial District
Figure 6.2 shows the number of Secure Care Episodes by Judicial District
for CY 2024.
Average Length of Stay
Figure 6.3 shows the average length of stay of Secure Care episodes for
CY 2017-2024.
Minority Status Overall
Figure 6.4 shows the percent of youths identified as nonminority and
minority for Secure Care episodes for CY 2024. Minority youth makes up
about 28% of Utah’s overall youth population32 while accounting for
67% of Secure Care episodes IN cy 2024.
The Commission on Criminal and Juvenile Justice is excited to share our Statewide Geospatial Study as a tool in our work of reducing disparities.
Current Work by the Commission on Criminal and Juvenile Justice, Juvenile Justice Oversight Committee, Utah Board of Juvenile Justice, and R/ED Collaborative
The Commission on Criminal and Juvenile Justice has completed Phase I of our Juvenile Justice Statewide Geospatial Study, utilizing data provided by the Administrative Office of the Courts. Phase I of the study seeks to identify neighborhoods for intervention, providing communities with data while lowering court referral rates. We believe this study will be an important tool as we seek to support all youth and families while addressing all disparities that exist within the system including geospatial, socio-economic, race/ethnicity, and others.
Initially, we are tackling the question of where there are significant rates of court referrals. From that analysis, we have identified 100 key neighborhoods, roughly representing six different locations across Utah - both urban and rural. Phase II will begin to dig into what community factors influence these rates, and how much impact these factors have on our youth and families. We will be adding predictive analysis, protective factors, county-level summaries, as well as building out more space for qualitative data from youth and families.
Our R/ED Collaborative will be instrumental in this geospatial work: identifying interested communities, engaging using strength-based approaches, and working with youth-serving partners on reducing court referral rates in these key neighborhoods. Through this geospatial work, we are also building connections and furthering our overarching goals of youth and family involvement. The R/ED Collaborative will be bringing this information to County-level Criminal Justice Coordinating Councils, youth-serving programs, schools, and other community agencies.
You can find the statewide geospatial studyhere.
The latest FY 2024 R/ED Data Presentation can be foundhere.
School-Based Offenses are alleged offenses that occurred on school grounds during school hours or during a school-sponsored activity.
House Bill 304, Juvenile Justice Revisions, was passed during Utah’s 2023 General Session. House Bill 304 made several changes to the juvenile justice system including when class C misdemeanors, infraction, or status offenses can be referred to the Juvenile Court, when notifications are sent to schools, eligibility criteria for NJAs, and include additional data reporting requirements.33
Additionally, House Bill 362 passed during the 2024 General Session reduced two previous occasions down to one previous occasion before being able to refer class C misdemeanors, infractions, or status offenses to Juvenile Court; expanded reintegration plans to include serious offenses which would include a violent felony (76-3-203.5), theft of a firearm offense (76-6-4), or a weapons offense (76-10-5); added handgun possession by a minor to the list of 3rd degree felonies; and clarifies habitual truancy and probation notices.34
The Juvenile Justice Oversight Committee put together a school offense referral guide to help aid law enforcement and school personnel. You can find the guide here.
The below Figures provide information on (1) the rate of school-based offenses referred to the Juvenile Court, (2) type of school-based offenses, and (3) information on habitual truancy.
Data for this section is displayed by episodes. Episode-based counts may include duplicate youths. One episode may include multiple incidents that occurred on the same incident date. If a minor was to have several incidents that occurred on the same incident date, an episode-based count will show the most severe charge.
Referrals by Schools
Figure 8.1 shows the number of school-based offenses in CY 2024 was
1,871 episodes.This translates to a rate of 4.39 per 1,000 youths.
Type of School-based Offenses
The table below shows the top 5 type of School-Based offenses that were
referred to the Juvenile Court in CY 2024.
| Top_Five_Offenses |
|---|
| ASSAULT-BODILY INJURY/SUB RISK |
| MARIJUANA POSSESSION OR USE |
| CRIMINAL TRESPASS SCHOOL PROP. |
| POSSESSION DRUG PARAPHERNALIA |
| Possession of Controlled Substance Marijuana/Spice |
Truancy Referrals by Schools
During the 2023 legislative session, a statutory change stopped Juvenile Court from accepting truancy and habitual truancy cases. However, in 2024, new statutory changes were made that allow Juvenile Court to receive referrals for habitual truancy. Those statutory changes define a habitual truant as a school-age child who is in grade 7 or above, unless the child is under 12 years old, and is subject to the requirements in 53G-6-202. The student must have been truant for at least 20 days in one school year or have not cooperated with the school’s efforts to address the truancy. Before a school may refer a minor to Juvenile Court, the minor must have been previously alleged of being a habitual truant twice during the same school year and been referred to an evidence-based alternative intervention, or for prevention and early intervention youth services, for at least two of the previous habitual truancies.
The Juvenile Justice Oversight Committee put together a habitual
truancy services guide to help aid school personnel. You can find the
guide
here.
The Utah State Board of Education collects data on school disciplinary and law enforcement action.
Policy Summary
House Bill 304, Juvenile Justice Revisions, was passed during Utah’s 2023 General Session. House Bill 304 requires the Utah State Board of Education to submit data collected on school disciplinary and law enforcement action to CCJJ.35
To access the School Disciplinary and Law Enforcement Action Report on the Data and Statistics Report website, the report is located under “Utah State Board of Education Superintendent’s Annual Report (SAR)” on the “Schools” tab which you can find here.
HB 304 passed in the 2023 General Session initiated new requirements regarding reintegration plans.
Policy Summary
During the 2023 legislative session, Utah passed House Bill (HB) 304.36 This bill initiated new requirements regarding reintegration plans, and the method for reentry of students who have allegedly committed or committed specific offenses back into the educational setting.
In the 2024 legislative session, HB 8437, HB 36238, HB 41839, and SB 24640 introduced new guidance and standards.
The Juvenile Justice Oversight Committee put together a summary of these changes to help aid education partners understand the statutory changes. You can find the guide here.
HB 362 passed in the 2024 General Session changed the type of offenses that will trigger a notification to Schools from the Juvenile Court, Juvenile Justice and Youth Services, and Law Enforcement.
Policy Summary
During the 2024 legislative session, Utah passed House Bill (HB) 36241. This bill changed the type of offenses that will trigger a notification to Schools from the Juvenile Court, Juvenile Justice and Youth Services, and Law Enforcement. Specifically Section 80-6-103 states if a minor is taken into temporary custody for a serious offense defined as a violent felony (Section 76-3-203.5), theft of a firearm offense (Section 76-6-4), or a weapons offense (Section 76-10-5), a notification shall be sent to the minor’s school. These offenses could have occurred or allegedly occurred outside of the school setting.
The following section provides an overview of (1) the overall number of court referrals for serious offenses, where the serious offense was the most severe charge within an episode, (2) type of serious offenses, (3) and the share of youths identified as nonminority42 and minority.43
Serious Offense Court Referral Episodes
Figure 11.1 shows the overall number of court referrals for serious
offenses, where the serious offense was the most severe charge within an
episode by fiscal year. Episode-based counts here may include duplicate
youths. One episode may include multiple incidents that occurred on the
same incident date. If a minor was to have several incidents that
occurred on the same incident date, an episode-based count will show the
most severe charge. In CY 2024, the number of court referral episodes
for serious offenses was 1,446.
Serious Offense Court Referral Rate
Figure 11.2 shows the per capita rate per 1,000 youths of serious
offenses referred to court, where the serious offense was the most
severe charge within an episode by fiscal year. Episode-based counts
here may include duplicate youths. One episode may include multiple
incidents that occurred on the same incident date. If a minor was to
have several incidents that occurred on the same incident date, an
episode-based count will show the most severe charge. In CY 2024, the
rate of court referrals for serious offenses 3.39 per 1,000 youths in CY
2024.
Serious Offense Type Trend
Figure 11.3 shows the top 10 serious offense types for CY 2024. When
looking at specifically homicide-related offenses, we saw ten episodes
in CY 2024.
Serious Offenses and Intake Decision
In CY 2024, there were a total of 1,446 serious offenses court referral episodes. Figure 11.5 shows the majority of serious offenses, 1,172 episodes were petitioned to court, 79 episodes entered into a NJA, 136 episodes were denied by a prosecutor. Additionally there were 25 episodes categorized as “insufficient facts to justify,” and 22 episodes categorized as “request for action,” “request for decision,” “returned to referral source.”
It is important to note of those 79 episodes that entered into a NJA:
There were 29 cases involving youth under 12, which by law may only receive a nonjudicial adjustment per Utah Code §80-6-304(8)(b).
The remaining 50 cases involved youth 12 and older. Of those, only 6 were felony offenses.
Lastly, there were 12 serious offenses episodes that were directly filed in District Court.
Minority Status Overall
Figure 11.6 shows the percent of youths identified as nonminority and
minority that were referred to court for an alleged serious offense.
The Juvenile Justice Oversight Committee recently approved recidivism definitions in an effort to standardize and create consistency in recidivism analysis
Standardized Definition
General Recidivism: Individuals who are returned to an equal or more restrictive level of supervision within a given period of time for an episode occurring after the most recent juvenile disposition.
NJA Recidivism: Individuals who receive a new NJA or disposition for an episode occurring after the most recent NJA within a given period of time of a prior NJA.
Probation recidivism: Individuals who are placed or continued on an equal or more strict level of probation after an episode occurring after the most recent juvenile disposition within a given period of time (youth placed on intake probation after having been on formal probation and youth receiving NJAs after placement on probation would not count).
Community placement recidivism: Individuals who are placed or continued with JJYS for community based placement after an episode occurring after the most recent juvenile disposition within a given period of time (youth placed on probation or who get NJAs after community based placement would not count).
Secure care recidivism: Individuals who are placed in secure care or continued in secure care for an episode occurring after the most recent juvenile disposition within a given period of time (youth placed in community based placement, on probation, or who get NJAs after a secure care placement would not count).
Follow-Up Periods: 3 months, 6 months, 12 months, 24 months, or 36 months.
Intervention Time Frame: During an intervention.
Risk reduction: An ability to measure changes in dynamic risk.
Future Analysis is forthcoming.
Please see § 80-6-102 and § 53G-8-211 for details.↩︎
Quote from the JJYS website.↩︎
Please visit the JJOC website for the working group findings that led to the policy recommendations for HB 239.↩︎
Annie Casey, ” Transforming Juvenile Probation, Page 9, Council of State Government https://projects.csgjusticecenter.org/jj-50-state/what-policymakers-and-system-leaders-should-know/↩︎
Translating representation to per capita values is useful as it allows us to take into account the actual number of youths at a particular point of contact, for example, Secure Care relative to their general population count.↩︎
School Year 2024 data from the Utah State Board of Education↩︎
Annie Casey, ” Transforming Juvenile Probation, Page 9, Council of State Government https://projects.csgjusticecenter.org/jj-50-state/what-policymakers-and-system-leaders-should-know/↩︎
Youths identified as White, non-Hispanic.↩︎
Youths identified as American Indian/Alaska Native, Asian, Black/African American, Hispanic/Latino, Pacific Islander/Native Hawaiian, or Multiracial.↩︎
Other includes: prosecutor denied petition, unable to locate, insufficient evidence, and no jurisdiction to proceed.↩︎
While changes in policy reform provide a 90 day timeframe for NJAs, the time on an NJA may fluctuate depending on whether a judge grants an extension to the NJA.↩︎
Youths identified as White, non-Hispanic.↩︎
Youths identified as American Indian/Alaska Native, Asian, Black/African American, Hispanic/Latino, Pacific Islander/Native Hawaiian, or Multiracial.↩︎
The small percentage of Formal Probation falling around the 360 days time period is likely due to data errors in cases not being closed in CARE, the Juvenile Justice System’s database.↩︎
School Year 2024 data from the Utah State Board of Education.↩︎
The number of youths receiving a specified type of residential service during a Target Fiscal Year divided by the estimated number of youths in the associated Calendar Year multiplied by 1,000.↩︎
Youths identified as White, non-Hispanic.↩︎
Youths identified as American Indian/Alaska Native, Asian, Black/African American, Hispanic/Latino, Pacific Islander/Native Hawaiian, or Multiracial.↩︎
School Year 2024 data from the Utah State Board of Education↩︎
The number of youths receiving a specified type of residential service during a Target Fiscal Year divided by the estimated number of youths in the associated Calendar Year multiplied by 1,000.↩︎
Youths identified as White, non-Hispanic.↩︎
Youths identified as American Indian/Alaska Native, Asian, Black/African American, Hispanic/Latino, Pacific Islander/Native Hawaiian, or Multiracial.↩︎
School Year 2024 data from the Utah State Board of Education↩︎
The number of youths receiving a specified type of residential service during a Target Fiscal Year divided by the estimated number of youths in the associated Calendar Year multiplied by 1,000.↩︎
Youths identified as White, non-Hispanic.↩︎
Youths identified as American Indian/Alaska Native, Asian, Black/African American, Hispanic/Latino, Pacific Islander/Native Hawaiian, or Multiracial.↩︎
School Year 2024 data from the Utah State Board of Education↩︎
Youths identified as White, non-Hispanic.↩︎
Youths identified as American Indian/Alaska Native, Asian, Black/African American, Hispanic/Latino, Pacific Islander/Native Hawaiian, or Multiracial.↩︎
Youths identified as White, non-Hispanic.↩︎
Youths identified as American Indian/Alaska Native, Asian, Black/African American, Hispanic/Latino, Pacific Islander/Native Hawaiian, or Multiracial.↩︎