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Senate advances SB 26 to refine 'serious youth offender' transfers to adult court

Utah State Senate · January 22, 2002
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Summary

Sen. Hilliard told the Senate SB 26 narrows automatic adult certification for youths who assault while in secure confinement and clarifies treatment when a felony charge results in a misdemeanor conviction; the bill passed 28–0 with one absent and moves to third reading.

Sen. Hilliard introduced Senate Bill 26, saying the measure amends Utah—s "serious youth offender" provisions to remove an automatic transfer to the adult system in two circumstances and to clarify how courts treat some reduced convictions.

Hilliard told colleagues the bill does two things: it prevents an automatic adult certification when a youth assaults a guard while already in secure confinement, and it clarifies that when a juvenile certified as an adult is later convicted only of a misdemeanor the offender should remain in the adult system and be treated as an adult for that conviction. "If you do that assault while you're at the center, it doesn't automatically put you over in the adult system," Hilliard said, describing what supporters called an incentive problem under existing law.

Supporters said the bill responds to a recent Supreme Court decision and aligns statutory text with the legislature—s prior policy choice to emphasize public safety for serious youth offenders. No senators rose for extended questioning on the floor.

On a roll-call vote the Senate recorded 28 ayes, zero nays and one absence; the body sent SB 26 to the third-reading calendar. The bill will next appear on the Senate—s third-reading calendar for final passage consideration.