(a)(1)Probable cause determination. A person arrested and delivered to a correctionalfacility without a warrant for an offense must be presented without unnecessarydelay before a magistrate for the determination of probable cause and whetherthe suspect qualifies for pretrial release under Utah Code ? 77-20-1, and ifso, what if any conditions of release are warranted.
(a)(2)(A) 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)(2)(B) Ifavailable, the magistrate should also be presented the results of a validatedpretrial risk assessment tool.
(a)(2)(C) 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, and what if any conditions onthat release are reasonably necessary to:
(a)(2)(C)(ii)ensure the integrity of the judicial process;
(a)(2)(C)(iii)prevent direct or indirect contact with witnesses or victims by the accused, ifappropriate; and
(a)(2)(C)(iv)ensure the safety of the public and the community.
(a)(2)(E) Ifprobable cause is not articulated for any charge, the magistrate must returnthe statement to the submitting authority indicating such.
(a)(3) Astatement that is verbally communicated by telephone must be reduced to a swornwritten statement prior to presentment to the magistrate.
(a)(4) Thearrestee need not be present at the probable cause determination.
(b)(1) Theinformation required in subsection (a)(2) 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.
(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 forreview.
(c)(1) Unlessthe time is extended at 24 hours after booking, if no probable causedetermination and order setting bail 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) Ifafter 24 hours, the suspect remains in custody, an information must be filedwithout delay charging the suspect with offenses from the incident leading tothe arrest.
(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.
(d) Otherprocesses. Nothing in this rule is intended to preclude the accomplishment ofother procedural processes at the time of the determination referred to insubsection (a)(2).
EffectiveNovember 18, 2019