(b)Right to counsel.
(c)(1)If counsel are present and prepared, the court must address whether thedefendant is entitled to pretrial release pursuant to Utah Code ? 77-20-1, andif so, what if any conditions the court will impose to reasonably ensure thecontinued appearance of the defendant, integrity of the judicial process, andsafety of the community.? The court mustutilize the least restrictive conditions needed to meet those goals.
(c)(2) The determination of pretrial releaseeligibility and conditions may be reviewed and modified uponapplication by either party based on a material change in circumstances, orother good cause.
(e)Right to preliminary examination.
(e)(1)The court must inform the defendant of the right to a preliminary examinationand the times for holding the hearing.?If the defendant waives the right to a preliminary examination, and theprosecuting attorney consents, the court must order the defendant bound overfor trial.
(e)(2)If the defendant does not waive a preliminary examination, the court must schedulethe preliminary examination upon request. The examination mustbe held within a reasonable time, but not later than 14 days if thedefendant is in custody for the offense charged and not later than 28 days ifthe defendant is not in custody. These time periodsmay be extended by the magistrate for good cause shown. Upon consent of theparties, the court may schedule the case for other proceedings beforescheduling a preliminary hearing.?
(e)(3)A preliminary examination may not be held if thedefendant is indicted.
Effective May 1, 2018