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Rule 23A. Hearing onconditions of Section 78A-6-702; bind over to district court.

(a) If a criminalindictment under Section 78A-6-702 alleges the commission of a felony, thecourt shall, upon the request of the minor, hear evidence and consider theconditions in paragraph (c).

(b) If a criminalinformation under Section 78A-6-702 alleges the commission of a felony, after afinding of probable cause in accordance with Rule 22, the court shall hearevidence and determine whether the conditions of paragraph (c) exist.

(c) The minor shall havethe burden of going forward and presenting evidence of the following conditionsas provided in Section 78A-6-702:

(c)(1) the minor has notbeen previously adjudicated delinquent for an offense involving the use of adangerous weapon which would be a felony if committed by an adult;

(c)(2) that if theoffense was committed with one or more other persons, the minor appears to havea lesser degree of culpability than the codefendants;

(c)(3) that the minor'srole in the offense was not committed in a violent, aggressive, or premeditatedmanner;

(c)(4) the number andnature of the minor?s prior adjudications in the juvenile court; and

(c)(5) that publicsafety is better served by adjudicating the minor in the juvenile court or inthe district court.

(d) At the conclusion ofthe minor's case, the state may call witnesses and present evidence on theconditions required by Section 78A-6-702. The minor may cross-examine adversewitnesses.

(e) If the court doesnot find by clear and convincing evidence that it would be contrary to the bestinterest of the minor and the best interests of the public to bind the minorover to the jurisdiction of the district court, the court shall enter an orderdirecting the minor to answer the charges in district court.

(f)(1) Upon entry of anorder directing the minor to answer the charges in district court, the courtshall comply with the requirements of Title 77, Chapter 20, Bail. By issuanceof a warrant of arrest or continuance of an existing warrant, the court mayorder the minor committed to jail in accordance with Section 62A-7-201. Thecourt shall enter the appropriate written order.

(f)(2) Once the minor isbound over to district court, a determination regarding where the minor is heldshall be made pursuant to Section 78A-6-702.

(f)(3) The clerk of thejuvenile court shall transmit to the clerk of the district court all pleadingsin and records made of the proceedings in the juvenile court.

(f)(4) The jurisdictionof the court shall terminate as provided by statute.

(g) If the court findsprobable cause to believe that a felony has been committed and that the minorcommitted it and also finds that all of the conditions of Section 78A-6-702 arepresent, the court shall proceed upon the information as if it were a petition.The court may order the minor held in a detention center or released inaccordance with Rule 9.