House approves amendment letting county attorneys seek adult certification for certain violent juvenile offenders

SALT LAKE CITY — The Utah House on Feb. 3 approved an amendment to the juvenile-corrections code that would allow the Division of Youth Corrections to include facilities used for delinquent juveniles in the statutory definition of 'prisoner,' and would give county attorneys, with division recommendation and review of prior history, the option to seek certification of some violent youth as adults.

Representative Ellickson, speaking for the bill, described an incident in which a counselor was assaulted at Decker Lake by a youth using a broom handle and said the statute’s current language left county attorneys without a clear statutory path to certify certain violent juveniles as adults. "This simply gives to them that option," Ellickson said, noting it would not automatically convert every assault case to adult certification.

Members asked clarifying questions about covered facilities (detention centers as well as secure confinement centers) and whether the change would apply only where warranted by prior history. The sponsor and floor colloquy clarified the change is discretionary: county attorneys could pursue certification based on the division’s recommendation and the juvenile’s prior history; it is not mandatory in every assault.

The House passed HB 134 with a reported tally of 71 affirmative and 0 negative votes and referred it to the Senate for further consideration.