80-6-304.5. Prosecutorial review of referral to juvenile court -- Filing a petition.
(1) A prosecuting attorney shall review a referral to the juvenile court for an offense committed by a minor if: the prosecuting attorney is requested to review the referral under Section; 80-6-303.5 the minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment; or the minor is not offered or declines a nonjudicial adjustment.
(2) Upon review of a referral of an offense under Subsection (1), the prosecuting attorney shall: dismiss the referral; send the referral back to the juvenile probation officer for a new attempt at a nonjudicial adjustment if the minor's case is eligible for a nonjudicial adjustment under Section; or 80-6-303.5 except as provided in Subsection (5), file a petition with the juvenile court. Upon review of a referral for habitual truancy under Subsection (1), the prosecuting attorney shall dismiss the referral.
(3) A prosecuting attorney may only file a petition under Subsection (2)(a)(iii) upon reasonable belief that: the charges are supported by probable cause; admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and the decision to charge is in the interests of justice.
(4) If a minor has substantially complied with the other conditions of a nonjudicial adjustment or conditions imposed through any other court diversion program, the minor's failure to pay a fine or fee as a condition of the nonjudicial adjustment or program may not serve as a basis for filing of a petition.
(5) A prosecuting attorney may not file a petition against a minor unless: the prosecuting attorney has statutory authority to file the petition under Section; and 80-6-305 the minor is not eligible for a nonjudicial adjustment under Section; 80-6-303.5 the minor declines a nonjudicial adjustment; the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; or the minor fails to respond to the juvenile probation officer's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry.
(6) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is commenced against a minor under Section, the juvenile court may refer the case to the juvenile probation officer for another offer of nonjudicial adjustment if the minor is eligible for a nonjudicial adjustment under Section. 80-6-302 80-6-303.5