Utah § 80-6-304 - Nonjudicial adjustments -- Requirement to seek legal counsel before declination. (Superseded 1/1/2027)
Full text of Utah Utah Code § 80-6-304 — Nonjudicial adjustments -- Requirement to seek legal counsel before declination. (Superseded 1/1/2027), with citation guidance and answers to common questions.
§ 80-6-304. Nonjudicial adjustments -- Requirement to seek legal counsel before declination. (Superseded 1/1/2027)
Effective 7/1/2026 Superseded 1/1/2027 80-6-304.
Nonjudicial adjustments -- Requirement to seek legal counsel before declination.
(1)
For a nonjudicial adjustment, the juvenile probation officer may require a minor to:
(a)
pay a financial penalty of no more than $250 to the juvenile court, subject to the terms established under Subsection (5);
(b)
pay restitution to any victim;
(c)
complete community or compensatory service;
(d)
attend counseling or treatment with an appropriate provider;
(e)
attend substance abuse treatment or counseling;
(f)
comply with specified restrictions on activities or associations;
(g)
attend victim-offender mediation if requested by the victim; and
(h)
comply with any other reasonable action that is in the interest of the minor, the community, or the victim.
(2)
(a)
Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenile probation officer shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral.
(b)
The victim shall be responsible to provide to the juvenile probation officer upon request:
(i)
invoices, bills, receipts, and any other evidence of injury, loss of earnings, and out-of-pocket loss;
(ii)
documentation and evidence of compensation or reimbursement from an insurance company or an agency of the state, any other state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
(iii)
proof of identification, including home and work address and telephone numbers.
(c)
The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the juvenile probation officer determining restitution based on the best information available.
(3)
The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt.
(4)
(a)
A minor may not decline to enter into a nonjudicial adjustment without first being advised of their right to consult with counsel, subject to the requirements of this section.
(b)
If a minor seeks to decline a nonjudicial adjustment, the juvenile probation officer shall inform the minor of:
(i)
the minor's right to consult with counsel; and
(ii)
the availability of resources for the minor to receive legal advice provided by the Office of Indigent Defense Services created in Section 75E-10-102.
(c)
If a minor seeks to decline a nonjudicial adjustment, and also declines to seek the advice of counsel after being informed as required under Subsection (4)(b), the juvenile probation officer shall:
(i)
sign an acknowledgment that the juvenile probation officer provided the minor with the information required by Subsection (4)(b);
(ii)
have the minor sign an acknowledgment that the minor received the information required by Subsection (4)(b) and knowingly and voluntarily declined to seek the advice of counsel; and
(iii)
permit the minor to decline the nonjudicial adjustment.
(d)
No provision of this section affects a court's obligation to ensure a minor's right to counsel if a petition is filed.
(5)
(a)
The juvenile probation officer may not deny a minor an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection (1).
(b)
The juvenile probation officer shall base a fee, fine, or the restitution for a nonjudicial adjustment under Subsection (1) upon the ability of the minor's family to pay as determined by a statewide sliding scale developed in accordance with Section 75E-2-207.
(6)
(a)
A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
(b)
A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (6)(a):
the nonjudicial adjustment requires specific treatment for the sexual offense;
(B)
the treatment cannot be completed within 180 days after the day on which the minor entered into the nonjudicial adjustment; and
(C)
the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor.
(c)
If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection (6)(b), the judge may extend the nonjudicial adjustment until the minor completes the specific treatment, but the judge may only grant each extension for 90 days at a time.
(7)
If a minor violates Section 76-9-1106, the minor may be required to pay a fine or penalty and participate in a court-approved tobacco education program with a participation fee.
Section 80-6-304 ("Nonjudicial adjustments -- Requirement to seek legal counsel before declination. (Superseded 1/1/2027)") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 80-6-304?
A common citation format is "Utah Code § 80-6-304" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-6-304 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
