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Rule 9. Detention hearings; scheduling; hearing procedure.

(a) The officer in charge of the detentionfacility shall provide to the court a copy of the report required by Section78A-6-112. At a detention hearing, the court shall order the release of the minorto the parent, guardian or custodian unless there is reason to believe:

(a)(1) the minorwill abscond or be taken from the jurisdiction of the court unless detained;

(a)(2) the offensealleged to have been committed would be a felony if committed by an adult;

(a)(3) the minor'sparent, guardian or custodian cannot be located;

(a)(4) the minor'sparent, guardian or custodian refuses to accept custody of the minor;

(a)(5) the minor'sparent, guardian or custodian will not produce the minor before the court at anappointed time;

(a)(6) the minorwill undertake witness intimidation;

(a)(7) the minor'spast record indicates the minor may be a threat to the public safety;

(a)(8) the minor has problems of conduct orbehavior so serious or the family relationships are so strained that the minoris likely to be involved in further delinquency; or

(a)(9) the minorhas failed to appear for a court hearing within the past twelve months.

(b) The court shall hold a detention hearingwithin 48 hours of the minor's admission to detention, weekends and holidaysexcluded. The officer in charge of the detention facility shall notify theminor, parent, guardian or custodian and attorney of the date, time, place andmanner of such hearing.

(c) The court may at any time order therelease of a minor whether a detention hearing is held or not.

(d) At the beginning of the detentionhearing, the court shall advise all persons present as to the reasons orallegations giving rise to the minor's admission to detention and the limitedscope and purpose of the hearing as set forth in paragraph (g). If the minor isto be arraigned at the detention hearing, the provisions of Rules 24 and 26shall apply.

(e) The court may receive any information,including hearsay and opinion, that is relevant to thedecision whether to detain or release the minor. Privileged communications maybe introduced only in accordance with the Utah Rules of Evidence.

(f) A detention hearing may be held withoutthe presence of the minor's parent, guardian or custodian if they fail toappear after receiving notice. The court may delay the hearing for up to 48hours to permit the parent, guardian or custodian to be present or may proceedsubject to the rights of the parent, guardian or custodian. The court mayappoint counsel for the minor with or without the minor's request.

(g) If the court determines that noreasonable basis exists for the offense or condition alleged as required inRule 6 as a basis for admission, it shall order the minor released immediatelywithout restrictions. If the court determines that reasonable cause exists forcontinued detention, it may order continued detention, place the minor on homedetention, or order the minor's release upon compliance with certain conditionspending further proceedings. Such conditions may include:

(g)(1) arequirement that the minor remain in the physical care and custody of a parent,guardian, custodian or other suitable person;

(g)(2) arestriction on the minor's travel, associations or residence during the periodof the minor's release; and

(g)(3) otherrequirements deemed reasonably necessary and consistent with the criteria fordetaining the minor.

(h) If the court determines that areasonable basis exists as to the offense or condition alleged as a basis forthe minor's admission to detention but that the minor can be safely left in thecare and custody of the parent, guardian or custodian present at the hearing,it may order release of the minor upon the promise of the minor and the parent,guardian or custodian to return to court for further proceedings when notified.

(i) If the courtdetermines that the offense is one governed by Section 78A-6-701, Section78A-6-702, or Section 78A-6-703, the court may by issuance of a warrant ofarrest order the minor committed to the county jail in accordance with Section62A-7-201.

(j) Any predisposition order to detentionshall be reviewed by the court once every seven days, unless the minor isordered to home detention or an alternative detention program. Predispositionorders to home detention or an alternative detention program shall be reviewedby the court once every 15 days. The court may, on its own motion or on themotion of any party, schedule a detention review hearing at any time.

AdvisoryCommittee Notes