R547-13-3. General Rules

(1) A minor under the age of 12 may not be detained in a secure detention facility, unless the minor is arrested for any of the following state or federal equivalent criminal offenses: (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another; (b) Section 76-5-202, aggravated murder or attempted aggravated murder; (c) Section 76-5-203, murder or attempted murder; (d) Section 76-5-302, aggravated kidnapping; (e) Section 76-5-405, aggravated sexual assault; (f) Section 76-6-103, aggravated arson; (g) Section 76-6-203, aggravated burglary; (h) Section 76-6-302, aggravated robbery; or (i) Section 76-10-508.1, felony discharge of a firearm. (2) No child under the age of ten may be detained in a secure detention facility, except as authorized by the director. The director may authorize a child under the age of ten to be detained for up to 48 hours, excluding weekends and holidays, under extraordinary circumstances. (a) Extraordinary circumstances exist when: (i) a child under the age of ten is arrested for any of the state or federal equivalent criminal offenses listed in Subsections R547-13-3(1)(a) through R547-13-3(1)(i); (ii) releasing the child under the age of ten to a parent, guardian, or custodian presents an unreasonable risk to public safety; and (iii) there is no less restrictive alternative placement available. (b) If the director makes a finding of extraordinary circumstance, as described in Subsection R547-13-3(2)(a), the finding shall be provided to the court before the probable cause determination required under Utah Rules of Juvenile Procedure, Section 9(b). (c) A minor under the age of ten may be held longer than 48 hours if: (i) a juvenile court judge finds detention is warranted; and (ii) the director determines that the extraordinary circumstances in Subsection R547-13-3(2)(a) continue to exist. (3) A minor age 12 or over may be detained in a secure detention facility if: (a) a minor is arrested for any of the following state or federal equivalent criminal offenses; (i) any offense that would be a felony if committed by an adult; (ii) any attempt, conspiracy, or solicitation to commit a felony offense; (iii) any class A misdemeanor violation of 76-5 Part 1, offense against the person; assault and related offenses; (iv) any class A or B misdemeanor violation of Section 76-10-5, use of a firearm or other dangerous weapon; (v) a class A misdemeanor violation of Section 76-5-206, negligent homicide; (vi) a class A misdemeanor violation of Subsection 58-37-8(1)(b)(iii), a controlled substance violation; (vii) any criminal offense defined as domestic violence by Subsections 77-36-1(4) and 78B-7-102(5)(a) and (b); (viii) a class A or B misdemeanor violation of Subsection 76-6-104(1)(a) or (b), reckless burning that endangers human life; (ix) a class A misdemeanor violation of Section 76-6-105, causing a catastrophe; (x) a class A misdemeanor violation of Subsection 76-6-106(2)(b)(i)(a), criminal mischief involving tampering with property that endangers human life; (xi) a class A misdemeanor violation of Section 76-6-406, theft by extortion; (xii) a class A misdemeanor violation of Section 76-9-702.1, sexual battery; (xiii) a class A misdemeanor violation of Subsection 76-5-401.3(2)(c) or (d), unlawful adolescent sexual activity; (xiv) a class A misdemeanor violation of Section 76-9-702.5, lewdness involving a child; (xv) a class A misdemeanor violation of Subsection 76-9-702.7(1), voyeurism with recording device; (xvi) a class A misdemeanor violation of Subsection 41-6A-401.3(2), leaving the scene of an accident involving injury; and (xvii) a class A misdemeanor violation of Subsection 41-6A-503(1)(b)(i) or (ii), driving under the influence involving injury, driving under the influence with a passenger under 16 years of age; (b) the minor is an escapee or absconder from a Juvenile Justice and Youth Services secure facility or community placement; or (c) the minor has been verified as a fugitive, absconder from probation or parole, or a runaway from another state and a formal request has been received, such as a National Crime Information Center verification, a telephone call, fax, or email from a law enforcement officer or a verified call, fax, or email from the institution, to hold, pending return to the other jurisdiction, whether or not an offense is currently charged. (4) A minor not otherwise qualified for admission to a secure detention facility may not be detained for any of the following: (a) ungovernable or runaway behavior; (b) neglect, abuse, abandonment, dependency, or other status requiring protection for any other reason; (c) status offenses such as curfew, possession or consumption of alcohol, tobacco, minor-in-a-tavern, truancy; or (d) attempted suicide.