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12-20-13 DRAFT 2014FL-0146/001
1 RESTITUTION AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4
5 LONG TITLE
6 General Description:
7 This bill makes changes to orders oI restitution made in juvenile courts.
8 Highlighted Provisions:
9 This bill:
10  provides Ior a juvenile court to retain jurisdiction to make and enIorce orders related
11 to restitution.
12 Money Appropriated in this Bill:
13 None
14 Other Special Clauses:
15 None
16 Utah Code Sections Affected:
17 AMENDS:
18 78A-6-120, as renumbered and amended by Laws oI Utah 2008, Chapter 3
19
20 Be it enacted by the Legislature of the state of Utah.
21 Section 1. Section 78A-6-120 is amended to read:
22 78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
23 of jurisdiction -- Notice of discharge from custody of local mental health authority or
24 Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
25 (1) Jurisdiction oI a minor obtained by the court through adjudication under Section
26 78A-6-117 continues Ior purposes oI this chapter until he becomes 21 years oI age, unless
27 terminated earlier. However, the court, subject to Section 78A-6-121, retains jurisdiction
28 beyond the age oI 21 oI a person who has reIused or Iailed to pay any Iine or victim restitution
29 ordered by the court, but only Ior the purpose oI causing compliance with existing orders.
30 (2) (a) The continuing jurisdiction oI the court terminates:
31 (i) upon order oI the court;
32 (ii) upon commitment to a secure youth corrections Iacility; or
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2014FL-0146/001 12-20-13 DRAFT
33 (iii) upon commencement oI proceedings in adult cases under Section 78A-6-1001.
34 (b) The continuing jurisdiction oI the court is not terminated by marriage.
35 (c) Notwithstanding Subsection (2)(a), the court retains jurisdiction to make and
36 enIorce orders related to restitution.
37 (3) When a minor has been committed by the court to the physical custody oI a local
38 mental health authority or its designee or to the Utah State Developmental Center, the local
39 mental health authority or its designee or the superintendent oI the Utah State Developmental
40 Center shall give the court written notice oI its intention to discharge, release, or parole the
41 minor not Iewer than Iive days prior to the discharge, release, or parole.
42 (4) Jurisdiction over a minor on probation or under protective supervision, or oI a
43 minor who is otherwise under the continuing jurisdiction oI the court, may be transIerred by the
44 court to the court oI another district, iI the receiving court consents, or upon direction oI the
45 chair oI the Board oI Juvenile Court Judges. The receiving court has the same powers with
46 respect to the minor that it would have iI the proceedings originated in that court.
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