(1) As used in this section: (a) "Diversion" means: (i) an agreement between an individual and a juvenile probation officer that results in the resolution of a referral for an offense before a petition is filed; or (ii) an agreement between an individual and a prosecuting attorney that results in the dismissal of charges for an offense before a conviction. (b) "Firearm" means the same as that term is defined in Section 76-11-101. (c) "Firearm-related offense" means a criminal offense involving a firearm. (d) "Juvenile recidivism" means a diversion, adjudication, or conviction of an individual for an offense within six months, one year, two years, and three years after the day on which: (i) the individual accepted a nonjudicial adjustment; or (ii) the juvenile court ordered a disposition for the individual resulting in secure care, community-based placement, formal probation, or intake probation. (e) "School" means the same as that term is defined in Section 80-6-103. (f) "School-based offense" means any infraction, misdemeanor, or felony offense that occurs at school when school is in session, at the location of a school-sponsored activity during the activity, or on school district transportation, including a school bus. (g) "School-based referral" means the referral of a minor under Section 53G-8-211 for a school- based offense. (h) "School-based recidivism" means a diversion, adjudication, or conviction of an individual for a school-based offense within six months, one year, two years, and three years after the day on which: (i) the individual accepted a nonjudicial adjustment for a school-based offense; or (ii) the juvenile court ordered a disposition for the individual resulting in secure care, community-based placement, formal probation, or intake probation. (i) "School is in session" means the same as that term is defined in Section 53E-3-516. (j) "School-sponsored activity" means the same as that term is defined in Section 53E-3-516. (2) Before July 1 of each year, the Administrative Office of the Courts shall submit the following data to the State Commission on Criminal and Juvenile Justice, broken down by judicial district, for the preceding calendar year: (a) the number of referrals to the juvenile court; (b) the number of minors diverted to a nonjudicial adjustment; (c) the number of minors that satisfy the conditions of a nonjudicial adjustment; (d) the number of minors for whom a petition for an offense is filed in the juvenile court; (e) the number of minors for whom an information is filed in the juvenile court; (f) the number of minors bound over to the district court by the juvenile court; (g) the number of petitions for offenses committed by minors that were dismissed by the juvenile court; (h) the number of adjudications in the juvenile court for offenses committed by minors; (i) the number of guilty pleas entered into by minors in the juvenile court; (j) the number of dispositions resulting in secure care, community-based placement, formal probation, and intake probation; and (k) for each minor charged in the juvenile court with a firearm-related offense: (i) the minor's age at the time the offense was committed or allegedly committed; (ii) the minor's zip code at the time that the offense was referred to the juvenile court; (iii) whether the minor is a restricted person under Subsection 76-11-302(4) or 76-11-303(4); (iv) the type of offense for which the minor is charged; (v) the outcome of the minor's case in juvenile court, including whether the minor was bound over to the district court or adjudicated by the juvenile court; and (vi) if a disposition was entered by the juvenile court, whether the disposition resulted in secure care, community-based placement, formal probation, or intake probation. (3) The State Commission on Criminal and Juvenile Justice shall track the disposition of a case resulting from a firearm-related offense committed, or allegedly committed, by a minor when the minor is found in possession of a firearm while school is in session or during a school- sponsored activity. (4) In collaboration with the Administrative Office of the Courts, the division, and other agencies, the State Commission on Criminal and Juvenile Justice shall collect data for the preceding calendar year on: (a) the length of time that minors spend in the juvenile justice system, including the total amount of time minors spend under juvenile court jurisdiction, on community supervision, and in each out-of-home placement; (b) juvenile recidivism, including tracking minors into the adult corrections system; (c) school-based recidivism; (d) school-based referrals; (e) changes in aggregate risk levels from the time minors receive services, are under supervision, and are in out-of-home placement; and (f) dosages of programming. (5) On and before October 1 of each year, the State Commission on Criminal and Juvenile Justice shall prepare and submit a written report to the Judiciary Interim Committee and the Law Enforcement and Criminal Justice Interim Committee that includes: (a) data collected by the State Commission on Criminal and Juvenile Justice under this section; (b) data collected by the State Board of Education under Section 53E-3-516; and (c) recommendations for legislative action with respect to the data described in this Subsection (5). (6) After submitting the written report described in Subsection (5), the State Commission on Criminal and Juvenile Justice may supplement the report at a later time with updated data and information the State Board of Education collects under Section 53E-3-516. (7) Nothing in this section shall be construed to require the disclosure of information or data that is classified as controlled, private, or protected under Title 63G, Chapter 2, Government Records Access and Management Act.
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