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House Bill 188, sponsored by Representative Nicholeen Peck, makes significant changes to how Utah handles school-based youth drug cases. Most notably, it restricts the use of nonjudicial adjustments (NJAs) and requires more cases to move directly into formal court involvement.
Libertas opposes this approach.
A nonjudicial adjustment is an evidence-based diversion tool used in low-risk juvenile cases. Instead of filing a formal petition, a juvenile probation officer resolves the matter through structured accountability measures such as counseling, restitution, community service, or treatment
NJAs are not a “free pass.” They impose real consequences. But they do so without formally adjudicating the youth in court. Importantly, high-risk or violent offenders are already ineligible for NJAs under current law.
HB 188 removes discretion in low-risk cases without evidence that doing so will improve public safety.
The stated problem is drug use in schools. That is a serious issue. But removing NJAs does not address the root cause of drug use, nor is there evidence that mandatory formal processing improves outcomes for low-risk youth.
National research consistently shows that diversion programs reduce recidivism compared to formal court processing for similarly situated low-risk youth. Removing that option statewide risks increasing long-term reoffending rather than reducing it.
If the goal is accountability and improved outcomes, Utah should preserve judicial discretion in low-risk cases while continuing to use data tools to measure results. Courts need flexibility to match consequences to risk level.
Libertas urges legislators to remove the provisions in HB 188 that restrict nonjudicial adjustments.
