(1) A proceeding in a minor's case is commenced by petition, except as provided in Sections 78A-6-701, 78A-6-702, and 78A-6-703.

(2) (a) A peace officer or a public official of the state, a county, city, or town charged with the enforcement of the laws of the state or local jurisdiction shall file a formal referral with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken to a detention facility, the formal referral shall be filed with the juvenile court within 72 hours, excluding weekends and holidays. A formal referral under Section 53G-8-211 may not be filed with the juvenile court on an offense unless the offense is subject to referral under Section 53G-8-211. (b) (i) When the court is informed by a peace officer or other person that a minor is or appears to be within the court's jurisdiction, the probation department shall make a preliminary inquiry to determine whether the minor is eligible to enter into a written consent agreement with the probation department and, if the minor is a child, the minor's parent, guardian, or custodian for the nonjudicial adjustment of the case pursuant to this Subsection (2). (ii) Except as provided in Subsection (2)(k), the court's probation department shall offer a nonjudicial adjustment if the minor: (A) is referred with a misdemeanor, infraction, or status offense; (B) has no more than two prior adjudications; and (C) has no more than three prior unsuccessful nonjudicial adjustment attempts. (iii) For purposes of this Subsection (2)(b), an adjudication or nonjudicial adjustment means an action based on a single episode of conduct that is closely related in time and is incident to an attempt or an accomplishment of a single objective. (c) (i) Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment pursuant to Subsection (2)(b), the probation department shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral. (ii) The victim shall be responsible to provide to the division upon request: (A) invoices, bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss; (B) documentation and evidence of compensation or reimbursement from insurance companies or agencies of Utah, any other state, or federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and (C) proof of identification, including home and work address and telephone numbers. (iii) The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the probation department determining restitution based on the best information available. (d) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a validated risk and needs assessment and may request that the prosecutor review the referral pursuant to Subsection (2)(h) to determine whether to dismiss the referral or file a petition instead of offering a nonjudicial adjustment if: (A) the results of the assessment indicate the youth is high risk; or (B) the results of the assessment indicate the youth is moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions. (ii) Except as provided in Subsection (2)(k), the court's probation department may offer a nonjudicial adjustment to any other minor who does not meet the criteria provided in Subsection (2)(b). (iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an admission of guilt. (iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to pay a financial penalty under Subsection (2)(e). (v) Efforts to effect a nonjudicial adjustment may not extend for a period of more than 90 days without leave of a judge of the court, who may extend the period for an additional 90 days. (vi) A prosecutor may not file a petition against a minor unless: (A) the minor does not qualify for nonjudicial adjustment under Subsection (2)(b) or (d)(ii); (B) the minor declines nonjudicial adjustment; (C) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; (D) the minor fails to respond to the probation department's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry; or (E) the prosecutor is acting under Subsection (2)(k). (e) The nonjudicial adjustment of a case may include the following conditions agreed upon as part of the nonjudicial closure: (i) payment of a financial penalty of not more than $250 to the juvenile court subject to the terms established under Subsection (2)(f); (ii) payment of victim restitution; (iii) satisfactory completion of community or compensatory service; (iv) referral to an appropriate provider for counseling or treatment; (v) attendance at substance use disorder programs or counseling programs; (vi) compliance with specified restrictions on activities and associations; (vii) victim-offender mediation, if requested by the victim; and (viii) other reasonable actions that are in the interest of the child or minor, the community, and the victim. (f) A fee, fine, or restitution included in a nonjudicial closure in accordance with Subsection (2)(e) shall be based upon the ability of the minor's family to pay as determined by a statewide sliding scale developed as provided in Section 63M-7-208 on and after July 1, 2018. (g) If a prosecutor learns of a referral involving an offense identified in Subsection (2)(k), if a minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial closure, or if a minor is not offered or declines a nonjudicial adjustment pursuant to Subsection (2)(b), (2)(d)(ii), or (2)(d)(vi), the prosecutor shall review the case and take one of the following actions: (i) dismiss the case; (ii) refer the case back to the probation department for a new attempt at nonjudicial adjustment; or (iii) subject to Subsection (2)(i), file a petition with the court. (h) Notwithstanding Subsection (2)(g), a petition may only be filed upon reasonable belief that: (i) the charges are supported by probable cause; (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and (iii) the decision to charge is in the interests of justice. (i) Failure to pay a fine or fee may not serve as a basis for filing of a petition under Subsection (2)(g)(iii) if the minor has substantially complied with the other conditions agreed upon in accordance with Subsection (2)(e) or those imposed through any other court diversion program. (j) Notwithstanding Subsection (2)(i), a violation of Section 76-10-105 that is subject to the jurisdiction of the juvenile court may include a fine or penalty and participation in a court-approved tobacco education program, which may include a participation fee. (k) Notwithstanding the other provisions of this section, the probation department shall request that a prosecutor review a referral in accordance with Subsection (2)(g) if: (i) the referral involves a violation of: (A) Section 41-6a-502, driving under the influence; (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury; (C) Section 76-5-206, negligent homicide; (D) Section 76-9-702.1, sexual battery; (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; or (F) Section 76-10-509, possession of dangerous weapon by minor, but only if the dangerous weapon is a firearm; or (ii) the minor has a current suspended order for custody under Subsection 78A-6-117(5)(a). (l) If the prosecutor files a petition in court, the court may refer the case to the probation department for another offer of nonjudicial adjustment. (m) If a minor violates Section 41-6a-502, regardless of whether a prosecutor reviews a referral under Subsection (2)(k)(i)(A), the minor shall be subject to a drug and alcohol screening and participate in an assessment, if found appropriate by the screening, and if warranted, follow the recommendations of the assessment.

(a) A peace officer or a public official of the state, a county, city, or town charged with the enforcement of the laws of the state or local jurisdiction shall file a formal referral with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken to a detention facility, the formal referral shall be filed with the juvenile court within 72 hours, excluding weekends and holidays. A formal referral under Section 53G-8-211 may not be filed with the juvenile court on an offense unless the offense is subject to referral under Section 53G-8-211.

(b) (i) When the court is informed by a peace officer or other person that a minor is or appears to be within the court's jurisdiction, the probation department shall make a preliminary inquiry to determine whether the minor is eligible to enter into a written consent agreement with the probation department and, if the minor is a child, the minor's parent, guardian, or custodian for the nonjudicial adjustment of the case pursuant to this Subsection (2). (ii) Except as provided in Subsection (2)(k), the court's probation department shall offer a nonjudicial adjustment if the minor: (A) is referred with a misdemeanor, infraction, or status offense; (B) has no more than two prior adjudications; and (C) has no more than three prior unsuccessful nonjudicial adjustment attempts. (iii) For purposes of this Subsection (2)(b), an adjudication or nonjudicial adjustment means an action based on a single episode of conduct that is closely related in time and is incident to an attempt or an accomplishment of a single objective.

(i) When the court is informed by a peace officer or other person that a minor is or appears to be within the court's jurisdiction, the probation department shall make a preliminary inquiry to determine whether the minor is eligible to enter into a written consent agreement with the probation department and, if the minor is a child, the minor's parent, guardian, or custodian for the nonjudicial adjustment of the case pursuant to this Subsection (2).

(ii) Except as provided in Subsection (2)(k), the court's probation department shall offer a nonjudicial adjustment if the minor: (A) is referred with a misdemeanor, infraction, or status offense; (B) has no more than two prior adjudications; and (C) has no more than three prior unsuccessful nonjudicial adjustment attempts.

(A) is referred with a misdemeanor, infraction, or status offense;

(B) has no more than two prior adjudications; and

(C) has no more than three prior unsuccessful nonjudicial adjustment attempts.

(iii) For purposes of this Subsection (2)(b), an adjudication or nonjudicial adjustment means an action based on a single episode of conduct that is closely related in time and is incident to an attempt or an accomplishment of a single objective.

(c) (i) Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment pursuant to Subsection (2)(b), the probation department shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral. (ii) The victim shall be responsible to provide to the division upon request: (A) invoices, bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss; (B) documentation and evidence of compensation or reimbursement from insurance companies or agencies of Utah, any other state, or federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and (C) proof of identification, including home and work address and telephone numbers. (iii) The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the probation department determining restitution based on the best information available.

(i) Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment pursuant to Subsection (2)(b), the probation department shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral.

(ii) The victim shall be responsible to provide to the division upon request: (A) invoices, bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss; (B) documentation and evidence of compensation or reimbursement from insurance companies or agencies of Utah, any other state, or federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and (C) proof of identification, including home and work address and telephone numbers.

(A) invoices, bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss;

(B) documentation and evidence of compensation or reimbursement from insurance companies or agencies of Utah, any other state, or federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and

(C) proof of identification, including home and work address and telephone numbers.

(iii) The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the probation department determining restitution based on the best information available.

(d) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a validated risk and needs assessment and may request that the prosecutor review the referral pursuant to Subsection (2)(h) to determine whether to dismiss the referral or file a petition instead of offering a nonjudicial adjustment if: (A) the results of the assessment indicate the youth is high risk; or (B) the results of the assessment indicate the youth is moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions. (ii) Except as provided in Subsection (2)(k), the court's probation department may offer a nonjudicial adjustment to any other minor who does not meet the criteria provided in Subsection (2)(b). (iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an admission of guilt. (iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to pay a financial penalty under Subsection (2)(e). (v) Efforts to effect a nonjudicial adjustment may not extend for a period of more than 90 days without leave of a judge of the court, who may extend the period for an additional 90 days. (vi) A prosecutor may not file a petition against a minor unless: (A) the minor does not qualify for nonjudicial adjustment under Subsection (2)(b) or (d)(ii); (B) the minor declines nonjudicial adjustment; (C) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; (D) the minor fails to respond to the probation department's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry; or (E) the prosecutor is acting under Subsection (2)(k).

(i) Notwithstanding Subsection (2)(b), the probation department may conduct a validated risk and needs assessment and may request that the prosecutor review the referral pursuant to Subsection (2)(h) to determine whether to dismiss the referral or file a petition instead of offering a nonjudicial adjustment if: (A) the results of the assessment indicate the youth is high risk; or (B) the results of the assessment indicate the youth is moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.

(A) the results of the assessment indicate the youth is high risk; or

(B) the results of the assessment indicate the youth is moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.

(ii) Except as provided in Subsection (2)(k), the court's probation department may offer a nonjudicial adjustment to any other minor who does not meet the criteria provided in Subsection (2)(b).

(iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an admission of guilt.

(iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to pay a financial penalty under Subsection (2)(e).

(v) Efforts to effect a nonjudicial adjustment may not extend for a period of more than 90 days without leave of a judge of the court, who may extend the period for an additional 90 days.

(vi) A prosecutor may not file a petition against a minor unless: (A) the minor does not qualify for nonjudicial adjustment under Subsection (2)(b) or (d)(ii); (B) the minor declines nonjudicial adjustment; (C) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; (D) the minor fails to respond to the probation department's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry; or (E) the prosecutor is acting under Subsection (2)(k).

(A) the minor does not qualify for nonjudicial adjustment under Subsection (2)(b) or (d)(ii);

(B) the minor declines nonjudicial adjustment;

(C) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment;

(D) the minor fails to respond to the probation department's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry; or

(E) the prosecutor is acting under Subsection (2)(k).

(e) The nonjudicial adjustment of a case may include the following conditions agreed upon as part of the nonjudicial closure: (i) payment of a financial penalty of not more than $250 to the juvenile court subject to the terms established under Subsection (2)(f); (ii) payment of victim restitution; (iii) satisfactory completion of community or compensatory service; (iv) referral to an appropriate provider for counseling or treatment; (v) attendance at substance use disorder programs or counseling programs; (vi) compliance with specified restrictions on activities and associations; (vii) victim-offender mediation, if requested by the victim; and (viii) other reasonable actions that are in the interest of the child or minor, the community, and the victim.

(i) payment of a financial penalty of not more than $250 to the juvenile court subject to the terms established under Subsection (2)(f);

(ii) payment of victim restitution;

(iii) satisfactory completion of community or compensatory service;

(iv) referral to an appropriate provider for counseling or treatment;

(v) attendance at substance use disorder programs or counseling programs;

(vi) compliance with specified restrictions on activities and associations;

(vii) victim-offender mediation, if requested by the victim; and

(viii) other reasonable actions that are in the interest of the child or minor, the community, and the victim.

(f) A fee, fine, or restitution included in a nonjudicial closure in accordance with Subsection (2)(e) shall be based upon the ability of the minor's family to pay as determined by a statewide sliding scale developed as provided in Section 63M-7-208 on and after July 1, 2018.

(g) If a prosecutor learns of a referral involving an offense identified in Subsection (2)(k), if a minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial closure, or if a minor is not offered or declines a nonjudicial adjustment pursuant to Subsection (2)(b), (2)(d)(ii), or (2)(d)(vi), the prosecutor shall review the case and take one of the following actions: (i) dismiss the case; (ii) refer the case back to the probation department for a new attempt at nonjudicial adjustment; or (iii) subject to Subsection (2)(i), file a petition with the court.

(i) dismiss the case;

(ii) refer the case back to the probation department for a new attempt at nonjudicial adjustment; or

(iii) subject to Subsection (2)(i), file a petition with the court.

(h) Notwithstanding Subsection (2)(g), a petition may only be filed upon reasonable belief that: (i) the charges are supported by probable cause; (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and (iii) the decision to charge is in the interests of justice.

(i) the charges are supported by probable cause;

(ii) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and

(iii) the decision to charge is in the interests of justice.

(i) Failure to pay a fine or fee may not serve as a basis for filing of a petition under Subsection (2)(g)(iii) if the minor has substantially complied with the other conditions agreed upon in accordance with Subsection (2)(e) or those imposed through any other court diversion program.

(j) Notwithstanding Subsection (2)(i), a violation of Section 76-10-105 that is subject to the jurisdiction of the juvenile court may include a fine or penalty and participation in a court-approved tobacco education program, which may include a participation fee.

(k) Notwithstanding the other provisions of this section, the probation department shall request that a prosecutor review a referral in accordance with Subsection (2)(g) if: (i) the referral involves a violation of: (A) Section 41-6a-502, driving under the influence; (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury; (C) Section 76-5-206, negligent homicide; (D) Section 76-9-702.1, sexual battery; (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; or (F) Section 76-10-509, possession of dangerous weapon by minor, but only if the dangerous weapon is a firearm; or (ii) the minor has a current suspended order for custody under Subsection 78A-6-117(5)(a).

(i) the referral involves a violation of: (A) Section 41-6a-502, driving under the influence; (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury; (C) Section 76-5-206, negligent homicide; (D) Section 76-9-702.1, sexual battery; (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; or (F) Section 76-10-509, possession of dangerous weapon by minor, but only if the dangerous weapon is a firearm; or

(A) Section 41-6a-502, driving under the influence;

(B) Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury;

(C) Section 76-5-206, negligent homicide;

(D) Section 76-9-702.1, sexual battery;

(E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; or

(F) Section 76-10-509, possession of dangerous weapon by minor, but only if the dangerous weapon is a firearm; or

(ii) the minor has a current suspended order for custody under Subsection 78A-6-117(5)(a).

(l) If the prosecutor files a petition in court, the court may refer the case to the probation department for another offer of nonjudicial adjustment.

(m) If a minor violates Section 41-6a-502, regardless of whether a prosecutor reviews a referral under Subsection (2)(k)(i)(A), the minor shall be subject to a drug and alcohol screening and participate in an assessment, if found appropriate by the screening, and if warranted, follow the recommendations of the assessment.

(3) Except as provided in Sections 78A-6-701 and 78A-6-702, in the case of a minor 14 years of age or older, the county attorney, district attorney, or attorney general may commence an action by filing a criminal information and a motion requesting the juvenile court to waive its jurisdiction and certify the minor to the district court.

(4) (a) In cases of violations of wildlife laws, boating laws, class B and class C misdemeanors, other infractions or misdemeanors as designated by general order of the Board of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the juvenile court, a petition is not required and the issuance of a citation as provided in Section 78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry in accordance with Subsection (2)(b)(i) is required. (b) Any failure to comply with the time deadline on a formal referral may not be the basis of dismissing the formal referral.

(a) In cases of violations of wildlife laws, boating laws, class B and class C misdemeanors, other infractions or misdemeanors as designated by general order of the Board of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the juvenile court, a petition is not required and the issuance of a citation as provided in Section 78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry in accordance with Subsection (2)(b)(i) is required.

(b) Any failure to comply with the time deadline on a formal referral may not be the basis of dismissing the formal referral.