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Rule 9.? Proceedingsfor persons arrested without a warrant on suspicion of a crime.

 

(a)Probable cause determination.

 

(a)(1) A person arrested anddelivered to a correctional facility without a warrant for an offense must bepresented without unnecessary delay before a magistrate for the determinationof probable cause and eligibility for pretrial release pursuant to Utah Code ?77-20-1.

(a)(2) Thearresting officer, custodial authority, or prosecutor with authority over themost serious offense for which defendant was arrested must, as soon asreasonably feasible but in no event longer than 24 hours after the arrest,present to a magistrate a sworn statement that contains the facts known tosupport probable cause to believe the defendant has committed a crime. Thestatement must contain any facts known to the affiant that are relevant todetermining the appropriateness of precharge releaseand the conditions thereof.

 

(a)(3) Ifavailable, the magistrate should also be presented the results of a validatedpretrial risk assessment tool.

 

(a)(4) Themagistrate must review the information provided and determine if probable causeexists to believe the defendant committed the offense or offensesdescribed.? If the magistrate finds thereis probable cause, the magistrate must determine if the person is eligible forpretrial release pursuant to Utah Code ? 77-20-1. The magistrate will impose theleast restrictive reasonably available conditions of release reasonably necessaryto:

 

(a)(4)(A) ensure the individual?s appearance at future courtproceedings;

 

(a)(4)(B) ensure that the individual will not obstruct or attempt toobstruct the criminal justice process;

 

(a)(4)(C) ensure the safety of any witnesses or victims of the offenseallegedly committed by the individual; and

 

(a)(4)(D) ensure the safety and welfare of the public and thecommunity.

 

(a)(5) If themagistrate finds the statement does not support probable cause to support thecharges filed, the magistrate may determine what if any charges are supported,and proceed under paragraph (a)(4).

 

(a)(6) Ifprobable cause is not articulated for any charge, the magistrate must returnthe statement to the submitting authority indicating such.

 

(a)(7) Astatement that is verbally communicated by telephone must be reduced to a swornwritten statement prior to presentment to the magistrate.? The statement must be retained by thesubmitting authority and as soon as practicable, a copy shall be delivered tothe magistrate who made the determination.

 

(a)(8)The arrestee need not be present at the probable cause determination.

 

(b)Magistrate availability.

 

(b)(1) Theinformation required in paragraph (a) may be presented to any magistrate,although if the judicial district has adopted a magistrate rotation, thepresentment should be in accord with that schedule or rotation.? If the arrestee is charged with a capitaloffense, the magistrate may not be a justice court judge.

 

(b)(2) If aperson is arrested in a county other than where the offense was alleged to havebeen committed, the arresting authority may present the person to a magistratein the location arrested, or in the county where the crime was committed.

 

(c)Time for review.

 

(c)(1) Unlessthe time is extended at 24 hours after booking, if no probable causedetermination and pretrial status order have been received by the custodialauthority, the defendant must be released on the arrested charges onrecognizance.

 

(c)(2) Duringthe 24 hours after arrest, for good cause shown an arresting officer, custodialauthority, or prosecutor with authority over the most serious offense for whichdefendant was arrested may request an additional 24 hours to hold a defendantand prepare the probable cause statement or request for release conditions.

 

(c)(3) If after24 hours, the suspect remains in custody, an informationmust be filed without delay charging the suspect with offenses from the incidentleading to the arrest.

 

(c)(4)(A) If noinformation has been filed by 3:00pm on the fourth calendar day after thedefendant was booked, the release conditions set under subsection (a)(4)( shall revert to recognizance release.

 

(c)(4)(B) Thefour day period in this subsection may be extended upon application of theprosecutor for a period of three more days, for good cause shown.

 

(c)(4)(C) If thetime periods in this subsection (c)(4)(A) and(c)(4)(B) expire on a weekend or legal holiday, the period expires at 3:00pm onthe next business day.

 

(d)Other processes. Nothing in thisrule is intended to preclude the accomplishment of other procedural processesat the time of the probable cause determination.

 

Effective October 1, 2020