1. (1) A prosecuting attorney shall review a referral to the juvenile court for an offense committed by a minor if:

   1. (a) the prosecuting attorney is requested to review the referral under Section 80-6-303.5;
   2. (b) the minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment; or
   3. (c) the minor is not offered or declines a nonjudicial adjustment.

2. (2)

   1. (a) Upon review of a referral of an offense under Subsection (1), the prosecuting attorney shall:

      1. (i) dismiss the referral;
      2. (ii) 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 80-6-303.5; or
      3. (iii) except as provided in Subsection (5), file a petition with the juvenile court.
   2. (b) Upon review of a referral for habitual truancy under Subsection (1), the prosecuting attorney shall dismiss the referral.

3. (3) A prosecuting attorney may only file a petition under Subsection (2)(a)(iii) upon reasonable belief that:

   1. (a) the charges are supported by probable cause;
   2. (b) admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and
   3. (c) the decision to charge is in the interests of justice.
4. (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. (5) A prosecuting attorney may not file a petition against a minor unless:

   1. (a) the prosecuting attorney has statutory authority to file the petition under Section 80-6-305; and

   2. (b)

      1. (i) the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5;
      2. (ii) the minor declines a nonjudicial adjustment;
      3. (iii) the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment; or
      4. (iv) 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. (6) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is commenced against a minor under Section 80-6-302, 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 80-6-303.5.

Amended by Chapter 301, 2024 General Session