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Senate approves bill to remove fines and fees in juvenile court, sets Jan. 1, 2023 effective date

Utah Senate · February 3, 2022
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Summary

Senate passed a first substitute to Senate Bill 120 to eliminate routine fines and fees in juvenile court (while retaining restitution), and changed the effective date to Jan. 1, 2023 to allow courts time to implement the changes.

The Utah Senate on Feb. 3, 2022, passed a first substitute to Senate Bill 120 that removes court fines and fees routinely assessed in juvenile proceedings while preserving restitution for victims. The sponsor told colleagues the change aims to address a disparate income impact on families and to give courts alternatives such as community service, counseling or educational requirements instead of monetary penalties.

Senator Weiler, the bill sponsor on the floor, said parents' income had been used in some cases to assess fines and that the proposed change would spare juveniles and their families from punitive fees that can worsen economic disparities. The first substitute moved the effective date to Jan. 1, 2023, "to give the courts some more time to make the changes internally," the sponsor said.

In floor procedure, the Senate voted to read the first substitute for a third time and the clerk reported the result as 22 yes, 0 no, 7 absent. The sponsor and proponents said the measure does not eliminate restitution to victims; it eliminates court fines and fees as routine penalties. Sponsors noted mixed testimony in committee from juvenile prosecutors and others, and said the change was intended to advance equity in juvenile justice.

Next steps: because the bill passed third reading on the Senate floor, it will follow the normal transmittal and enrollment process for a governor's consideration according to legislative process; the first substitute's Jan. 1, 2023 effective date gives administrative offices time to prepare.