1. (1) If a minor is adjudicated for an offense under Section 80-6-701, the juvenile court may order the minor to secure care if the juvenile court finds that:

   1. (a)

      1. (i) the minor poses a risk of harm to others; or
      2. (ii) the minor's conduct resulted in the victim's death; and

   2. (b) the minor is adjudicated for:

      1. (i) a felony offense;
      2. (ii) a misdemeanor offense if the minor has five prior misdemeanor or felony adjudications arising from separate criminal episodes; or
      3. (iii) a misdemeanor offense involving use of a dangerous weapon as defined in Section 76-1-101.5.

2. (2) A juvenile court may not order a minor to secure care for:

   1. (a) contempt of court;
   2. (b) a violation of probation;
   3. (c) failure to pay a fine, fee, restitution, or other financial obligation;
   4. (d) unfinished compensatory or community service hours;
   5. (e) an infraction; or
   6. (f) a status offense.
3. (3) The juvenile court may, on the recommendation of the division, order a parent of a minor in secure care to undergo group rehabilitation therapy under the direction of a therapist, who has supervision of the minor in secure care, or any other therapist for a period recommended by the division.

Amended by Chapter 430, 2022 General Session