80-6-504. Preliminary hearing -- Grounds for transfer -- Detention of a minor bound over to the district court.
(1) If a prosecuting attorney files a criminal information in accordance with Section 80-6-503 , the juvenile court shall conduct a preliminary hearing to determine whether a minor should be bound over to the district court for a qualifying offense.
(2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have the burden of establishing:
(a) probable cause to believe that a qualifying offense was committed and the minor committed that offense; and
(b) by a preponderance of the evidence, that it is contrary to the best interests of the minor and the public for the juvenile court to retain jurisdiction over the offense.
(3) In making a determination under Subsection (2)(b), the juvenile court shall consider and make findings on:
(a) the seriousness of the qualifying offense and whether the protection of the community requires that the minor is detained beyond the amount of time allowed under Subsection 80-6-802(1) , or beyond the age of continuing jurisdiction that the juvenile court may exercise under Section 80-6-605 ;
(b) the extent to which the minor's actions in the qualifying offense were committed in an aggressive, violent, premeditated, or willful manner;
(c) the minor's mental, physical, educational, trauma, and social history;
(d) the criminal record or history of the minor; and
(e) the likelihood of the minor's rehabilitation by the use of services and facilities that are available to the juvenile court.
(4) The amount of weight that each factor in Subsection (3) is given is in the juvenile court's discretion.
(5)
(a) The juvenile court may consider any written report or other material that relates to the minor's mental, physical, educational, trauma, and social history.
(b) Upon request by the minor, the minor's parent, guardian, or other interested party, the juvenile court shall require the person preparing the report, or other material, under Subsection (5)(a) to appear and be subject to direct and cross-examination.
(6) At the preliminary hearing under Subsection (1), a minor may testify under oath, call witnesses, cross-examine witnesses, and present evidence on the factors described in Subsection (3).
(7)
(a) A proceeding before the juvenile court related to a charge filed under this part shall be conducted in conformity with the Utah Rules of Juvenile Procedure.
(b) Sections 80-6-602, 80-6-603, and 80-6-604 are applicable to the preliminary hearing under this section.
(8) If the juvenile court finds that the prosecuting attorney has met the burden of proof under Subsection (2), the juvenile court shall bind the minor over to the district court to be held for trial.
(9)
(a) If the juvenile court finds that a qualifying offense has been committed by a minor, but the prosecuting attorney has not met the burden of proof under Subsection (2)(b), the juvenile court shall:
(i) proceed upon the criminal information as if the information were a petition under Section 80-6-305 ;
(ii) release or detain the minor in accordance with Section 80-6-207 ; and
(iii) proceed with an adjudication for the minor in accordance with this chapter.
(b) If the juvenile court finds that the prosecuting attorney has not met the burden under Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the minor is 25 years old in accordance with Section 80-6-605.
(10)
(a) A prosecuting attorney may charge a minor with a separate offense in the same criminal information as the qualifying offense if the qualifying offense and separate offense arise from a single criminal episode.
(b) If the prosecuting attorney charges a minor with a separate offense as described in Subsection (10)(a):
(i) the prosecuting attorney shall have the burden of establishing probable cause to believe that the separate offense was committed and the minor committed the separate offense; and
(ii) if the prosecuting attorney establishes probable cause for the separate offense under Subsection (10)(b)(i) and the juvenile court binds the minor over to the district court for the qualifying offense, the juvenile court shall also bind the minor over for the separate offense to the district court.
(11) If a grand jury indicts a minor for a qualifying offense:
(a) the prosecuting attorney does not need to establish probable cause under Subsection (2)(a) for the qualifying offense and any separate offense included in the indictment; and
(b) the juvenile court shall proceed with determining whether the minor should be bound over to the district court for the qualifying offense and any separate offense included in the indictment in accordance with Subsections (2)(b) and (3).
(12)
(a) If a minor is bound over to the district court, the juvenile court shall:
(i) issue a criminal warrant of arrest for the minor to be held in a detention facility;
(ii) advise the minor of the right to bail; and
(iii) issue a pretrial status order, as defined in Section 77-20-102, for the minor in accordance with Section 77-20-205.
(b) Except for Sections 77-20-202, 77-20-203, and 77-20-204, the provisions of Title 77, Chapter 20, Bail, shall apply to the release or detention of a minor bound over to the district court by the juvenile court.
(13) If the juvenile court orders the minor to be detained until the time of trial:
(a) the minor shall be held in a detention facility, except that a minor who is subject to the authority of the Board of Pardons and Parole may not be held in a detention facility; and
(b) the minor shall remain in the detention facility:
(i) until released by a district court; or
(ii) if convicted, until sentencing.
(14)
(a) If a minor is held in a detention facility under Subsection (13) and the minor attains the age of 25 years old while detained at the detention facility, the minor shall:
(i) be transferred within 30 days to an adult jail; and
(ii) remain in the adult jail until:
(A) released by the district court; or
(B) if convicted, sentencing.
(b) Subsection (14)(a) applies to any minor being held in a detention facility as described in Subsection (13) on or after May 4, 2022.
Amended by Chapter 135, 2022 General Session
Amended by Chapter 155, 2022 General Session
