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House gives judges more discretion on transfer of serious youth offenders to adult courts

Utah House of Representatives · February 26, 2013
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Summary

HB105 broadens juvenile-court discretion so judges can retain some serious youth offenders in juvenile jurisdiction when appropriate; sponsors argued the change better targets rehabilitation and reduces recidivism; the bill passed 73-0.

House Bill 105 passed the Utah House on Feb. 26 to modify transfer rules for serious youth offenders and provide juvenile-court judges with additional discretion to retain jurisdiction when in the juvenile's and public's best interests.

Sponsor Representative Snow said the current process can rigidly transfer eligible youth to adult court even when juvenile supervision would better address rehabilitation needs. He cited research showing juvenile-court supervision reduces recidivism compared with adult probation for young offenders.

Supporters described the bill as a narrow change that preserves the option to transfer the most egregious cases to adult court while giving judges the flexibility to consider individualized circumstances. Representative King and others asked about the fiscal note; Representative Snow said updated fiscal estimates suggested a reduced impact and that additional juvenile services would be an investment in preventing future criminalization.

The House passed HB105 unanimously, 73 "yay" to 0 "nay," and will transmit the bill to the Senate.