Q: What is the Utah Youth Court Diversion Act?

A: (History C. 1953, 78-57-106 - Enacted by law 1999, ch 94 § 6. Became effective on May 3, 1999 , pursuant to Utah Const., Art. VI, Sec 25)

Amended 2002 Effective 6 May 2002

(1) Youth Court is a diversion program which provides an alternative disposition for cases involving juvenile offenders in which youth participants, under the supervision of an adult coordinator, may serve in various capacities within the courtroom, acting in the role of jurors, lawyers, bailiffs, clerks, and judges.
(a) Youth who appear before youth courts have been identified by law enforcement personnel, school officials, a prosecuting attorney, or the juvenile court as having committed acts which indicate a need for intervention to prevent further development toward juvenile delinquency, but which appear to be acts that can be appropriately addressed outside the juvenile court process.
(b) Youth Courts may only hear cases as provided for in this chapter.
(c) Youth Court is a diversion program and not a court established under the Utah Constitution, Article VIII.

(2) Any person may refer youth to a Youth Court for minor offenses. Once a referral is made, the case shall be screened by an adult coordinator to determine whether it qualifies as a Youth Court case.

(3) Youth Courts have authority over youth:
(a) referred for a minor offense or offenses, or who are granted permission for referral under this chapter;
(b) who, along with a parent, guardian, or legal custodian, voluntarily and in writing, request Youth Court involvement;
(c) who admit having committed the referred offense;
(d) who, along with a parent, guardian, or legal custodian, waive any privilege against self-incrimination and right to a speedy trial; and
(e) who, along with their parent, guardian, or legal custodian, agree to follow the Youth Court disposition of the case.

78-57-105. Dispositions.

(1) Youth Court dispositional options include:
(a) community service;
(b) participation in law-related educational classes, appropriate counseling, treatment, or other educational programs;
(c) providing periodic reports to the Youth Court;
(d) participating in mentoring programs;
(e) participation by the youth as a member of a Youth Court;
(f) letters of apology;
(g) essays; and
(h) any other disposition considered appropriate by the Youth Court and adult coordinator.

(2) Youth Courts may not impose a term of imprisonment or detention and may not impose fines.

(3) Youth Court dispositions shall be completed within 180 days from the date of referral.

(4) Youth Court dispositions shall be reduced to writing and signed by the youth and a parent, guardian, or legal custodian indicating their acceptance of the disposition terms.

(5) Youth Court shall notify the referring source if a participant fails to successfully complete the Youth Court disposition. The referring source may then take any action it considers appropriate.

78-57-107. Fees.

(1) Youth Courts may require that the youth pay a reasonable fee, not to exceed $30, to participate in Youth Court. This fee may be reduced or waived by the Youth Court in exigent circumstances. This fee shall be paid to and accounted for by the sponsoring entity.

(2) Fees for classes, counseling, treatment, or other educational programs that are the disposition of the Youth Court are the responsibility of the participant

Q: Are youth courts effective?

A: Youth courts are one of the fastest growing intervention and prevention programs in the United States . Youth courts vary in their case handling procedures, courtroom models, and their range of sanctions. LYPC has selected the Peer Jury Model as their choice of handling cases in our community.

In 1998 the Urban Institute began an Evaluation of Teen Court Project, the first national study of teen courts funded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. In 2002, The Urban Institute published The Impact of Teen Court on Young Offenders , and Teen Courts: A Focus on Research based upon the results of their multiyear study. The findings of the study suggest that teen courts may be a positive alternative to the traditional juvenile justice system.

Q: What is the purpose of community service hours?

A: Community service hours has the potential to help youth offenders improve their self-image, develop needed life skills, and make meaningful contributions to their communities, while still holding them accountable for their actions.

• Work projects are planned, scheduled and supervised by an adult volunteer in an effort to help the offenders learn and develop through active participation in these projects and will meet actual community needs.
• Work projects include yard clean up and maintenance for senior citizens, single parents with spouses in arms services or that need assistance, clean up and painting of rodeo grounds, clean-up of community parks, etc. Offenders may be asked to write or explain verbally in court what they did and saw during their service work.
• These projects provide the offenders with opportunities to use newly acquired skills and knowledge in real-life situations in their own community.
• Projects enhances what is taught in school by extending offenders learning beyond the classroom and into the community and helps to foster the development of a sense of caring for others.

Objectives of the Community Service Work Detail Program

• Learn that individual rights and freedoms are balanced by responsibilities.
• Understand the value of service for the good of themselves and the community.
• Work cooperatively with others.
• Repair harm they have done to the victims and the community.
• Analyze their own needs and the needs of others, i.e., victims and the community.
• Develop competencies that will enable them to become responsible and productive citizens.
• Understand the impact their actions have on others.
• Identify and act upon opportunities to make meaningful contributions to their families, schools, peer groups and communities.
• Develop a personal stake in the future of the community.
• Increase life and coping skills as they related to the working environment.