The intake/probation department may enter into a voluntary agreement with the minor and the parent/guardian for a non-judicial adjustment on designated offenses referred to the Court.
The probation officer will consider the following factors when attempting a non-judicial adjustment:
1) the severity of the offense,
2) whether restitution has been made or planned, where damage to persons or property resulted from the offense,
3) the minor's prior court referral history,
4) the minor's attitude toward the offense,
5) previous family involvements with the court or other social agencies,
6) the parent(s)/guardian(s) ability to control the minor,
7) the minor's school and/or employment situation,
8) the consequences administered by the parent(s)/guardian(s), and
9) any other relevant information concerning the offense or the minor.
The probation officer may enter a non-judicial adjustment if:
1) prima facie jurisdiction is established,
2) the minor admits to the facts alleged in the referral,
3) the minor and the parent(s)/guardian(s) or custodian(s) consents to the non-judicial adjustment, and
4) in the judgment of the probation officer, a non-judicial adjustment is in the best interest of the public and minor.
A "non-judicial adjustment agreement" shall be prepared in accordance with the Code of Judicial Administration, if a non-judicial adjustment is appropriate and in the best interest of the public and minor.
1) Attempts to achieve a non-judicial adjustment shall not extend beyond 60 days without authorization by the court. Permission for an additional sixty days may be obtained from the court.
2) The agreement shall reflect the terms and conditions for the non-judicial adjustment which may include:a) payments of an assessment fee, (this assessment shall not exceed $250 per case)3) The agreement shall reflect a completion date for the agreed terms and conditions.
b) payments of restitution for the benefit of the victim,
c) satisfactory completion of community service work hours,
d) compliance with specified restrictions of activities and/or associations,
e) attendance of substance abuse program(s), counseling, or other short term programs, or any appropriate combination of the above.
4) The agreement shall contain a statement that failure to comply with the terms and conditions may result in the filing of a petition and the appearance before the Court.
5) Signatures shall be obtained by the minor, the parent(s)/guardian(s) and the court officer giving written consents to the non-judicial adjustment.
6) When a non-judicial adjustment is recommended, the probation officer shall advise the parties the following:a) that a petition may still be filed and b) the minor and the parent(s)/guardian(s) may withdraw from the non-judicial adjustment process at any time within appropriate time frames.
A probation officer shall not attempt a non-judicial adjustment for the following:
1) If the minor denies the charge.
2) If restitution cannot be resolved between the victim and the minor.
3) When the presenting offense allegedly committed by the minor is a felony level offense and the minor has a referral history of felony offense(s),a) the intake supervisor within a district may authorize non-judicial adjustment in highly exceptional circumstances, including, but not limited to, cases involving minors 11 years of age or younger.4) When the minor 's history contains more than four (4) misdemeanors committed in at least two (2) separate delinquency episodes and the offense in the present case is a repeat offense.
5) The intake supervisor within a district may authorize non-judicial adjustment in highly exceptional circumstances, including, but not limited to, cases involving minors 11 years of age or younger.
6) Under no circumstances, will non-judicial adjustment be attempted with referrals which allege offenses which, if committed by an adult would:a) be a capital felony, or b) felony of the first degree, or c) motor vehicle related offenses involving alcohol or drugs.8) When a matter is petitioned, other offenses from the same delinquency may not be closed with a non-judicial agreeemnt.
The probation officer shall file a petition if:
1) the minor denies the charge,
2) a no action or non-judicial closure is inappropriate, or
3) the minor's or the public interest requires that a petition be filed.
The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.