secure care facility. (1) When sentencing a minor, the district court shall order the minor to make restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act. (2) (a) If the district court determines that probation is not appropriate and commitment to prison is an appropriate sentence when sentencing a minor: (i) the district court shall order the minor committed to prison; and (ii) except as provided in Subsection (3) or (7), the minor shall be provisionally housed in a secure care facility until the minor reaches 25 years old, unless released earlier from incarceration by the Board of Pardons and Parole. (b) This Subsection (2) applies to any minor being provisionally housed in a secure care facility as described in Subsection (2)(a) on or after May 4, 2022. (3) The district court may order a minor to be committed to the physical custody of the Department of Corrections and housed in a correctional facility rather than a secure care facility under Subsection (2)(a)(ii) if: (a) the minor is convicted of aggravated murder under Section 76-5-202; (b) the minor was 17 years old at the time that the aggravated murder occurred; (c) the minor is 18 years old or older at the time of sentencing; and (d) the court determines that the minor would present a security risk to other individuals in a secure care facility. (4) (a) When a minor is committed to prison but provisionally housed in a secure care facility under this section, the district court and the division shall immediately notify the Board of Pardons and Parole so that the minor may be scheduled for a hearing according to board procedures. (b) If a minor who is provisionally housed in a secure care facility under this section has not been paroled or otherwise released from incarceration by the time the minor reaches 25 years old, the division shall as soon as reasonably possible, but not later than when the minor reaches 25 years and 6 months old, transfer the minor to the physical custody of the Department of Corrections. (5) Upon the commitment of a minor to the custody of the division or the Department of Corrections under this section, the Board of Pardons and Parole has authority over the minor for purposes of parole, pardon, commutation, termination of sentence, remission of restitution, fines or forfeitures, and all other purposes authorized by law. (6) The authority shall: (a) hold hearings, receive reports, or otherwise keep informed of the progress of a minor in the custody of the division under this section; and (b) forward to the Board of Pardons and Parole any information or recommendations concerning the minor. (7) (a) Upon a motion by a prosecuting attorney, the Board of Pardons and Parole may: (i) review the status of a minor who is provisionally housed in a secure care facility as described in Subsection (2)(a)(ii); and (ii) order that the minor be committed to the physical custody of the Department of Corrections and housed in a correctional facility if: (A) the minor meets the requirements described in Subsections (3)(a) through (c); and (B) the Board of Pardons and Parole finds that the commitment and transfer is warranted. (b) For a motion described in Subsection (7)(a), the board shall appoint counsel for the minor as described in Section 77-27-7.1. (8) (a) The division shall adopt procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor provisionally housed in a secure care facility as described in Subsection (2)(a)(ii). (b) The division shall transfer the physical custody of a minor to the Department of Corrections if, in accordance with the rules adopted under Subsection (8)(a), the division determines that housing a minor in a secure care facility: (i) presents an unreasonable risk to others; or (ii) it is not in the best interest of the minor. (9) Commitment of a minor under this section is a prison commitment for all sentencing purposes.
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