80-6-303.5. Preliminary inquiry by juvenile probation officer -- Eligibility for nonjudicial adjustment.
(1) If the juvenile court receives a referral for an offense committed by a minor that is, or appears to be, within the juvenile court's jurisdiction, or for the minor being a habitual truant, a juvenile probation officer shall make a preliminary inquiry in accordance with this section to determine whether the minor is eligible to enter into a nonjudicial adjustment.
(2) If a minor is referred to the juvenile court for multiple offenses arising from a single criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for all offenses arising from the single criminal episode.
(3) The juvenile probation officer may: conduct a validated risk and needs assessment; and request that a prosecuting attorney review a referral in accordance with Sectionif: 80-6-304.5 the results of the validated risk and needs assessment indicate the minor is high risk; or the results of the validated risk and needs assessment indicate the minor is moderate risk and the referral is for a class A misdemeanor violation under Sections,,, or, or Title 76, Chapter 5, Offenses Against the Individual. 76-9-112 76-12-306 76-12-307 76-12-309 If the referral involves an offense that is a violation of Section, the minor shall: 41-6a-502 undergo a drug and alcohol screening; if found appropriate by the screening, participate in an assessment; and if warranted by the screening and assessment, follow the recommendations of the assessment.
(4) Except for an offense that is not eligible under Subsection, the juvenile probation officer shall offer a nonjudicial adjustment to a minor if: (8) the minor: is referred for an offense that is a misdemeanor, infraction, or status offense; has no more than two prior adjudications; and has no more than two prior unsuccessful nonjudicial adjustment attempts; the minor is referred for an offense that is alleged to have occurred before the minor was 12 years old; or the minor is referred for being a habitual truant.
(5) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection, the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment. (4)
(6) For purposes of determining a minor's eligibility for a nonjudicial adjustment under Subsection, the juvenile probation officer shall treat all offenses arising out of a single criminal episode that resulted in one or more prior adjudications as a single adjudication. (4)
(7) Except for a referral that involves an offense described in Subsection, the juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the criteria described in Subsection. (8) (4)(a)
(8) The juvenile probation officer may not offer a minor a nonjudicial adjustment if the referral involves: an offense alleged to have occurred when the minor was 12 years old or older that is: a felony offense; or a misdemeanor violation of: Section, driving under the influence; 41-6a-502 Section, unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance; 76-18-209 Section, unlawfully possessing a controlled substance or counterfeit substance with intent to distribute; 76-18-210 Section, threat of violence; 76-5-107 Section, threats against schools; 76-5-107.1 Section, reckless endangerment creating a substantial risk of death or serious bodily injury; 76-5-112 Section, negligent homicide; 76-5-206 Section, unlawful adolescent sexual activity; 76-5-401.3 Section, sexual battery; 76-5-418 Section, patronizing a prostituted individual who is a child; 76-5d-204 Section, sexual solicitation by an actor offering compensation to a child in exchange for sexual activity; 76-5d-211 Section, carrying a dangerous weapon at an elementary school or secondary school; 76-11-205 Section, carrying a dangerous weapon at a daycare; 76-11-206 Section, threatening with or using a dangerous weapon in a fight or quarrel; 76-11-207 Section, possession of a dangerous weapon with criminal intent; or 76-11-208 Section, possession of a dangerous weapon by a minor; or 76-11-211 an offense alleged to have occurred before the minor is 12 years old that is a felony violation of: Section, aggravated assault resulting in serious bodily injury to another; 76-5-103 Section, aggravated murder or attempted aggravated murder; 76-5-202 Section, murder or attempted murder; 76-5-203 Section, aggravated kidnapping; 76-5-302 Section, aggravated sexual assault; 76-5-405 Section, aggravated arson; 76-6-103 Section, aggravated burglary; 76-6-203 Section, aggravated robbery; or 76-6-302 Section, felony discharge of a firearm. 76-11-210
(9) The juvenile probation officer shall request that a prosecuting attorney review a referral if: the referral involves an offense described in Subsection; or (8) the minor has a current suspended order for custody under Section. 80-6-711