Rule 23. Hearing towaive jurisdiction and certify under Section 78A-6-703; bind over to districtcourt.
(a)(1) Upon the filingof a criminal indictment or information and motion to waive jurisdiction underSection 78A-6-703, the court shall order that a full investigation of theminor's social history and background be made by the court's probationdepartment.
(a)(2) The investigationmay include, but shall not be limited to: the minor's delinquency history, theminor's response to rehabilitative and correctional efforts; the minor'seducational history, social history and status; a psychological evaluation andassessment, and any other matter ordered by the court.
(a)(3) A report of theinvestigation shall be prepared and made available to the parties or tocounsel, if represented, and to the minor's parent, guardian or custodian, asearly as feasible but in any case at least 48 hours prior to the hearing.Written reports and other materials relating to the minor's mental, physical,educational and social history and other relevant information are governed bythe Rules of Evidence. The court may require, and shall require if requested bya party, that any person preparing the report or materials be present fordirect and cross examination.
(b)(1) After a findingof probable cause in accordance with Rule 22, the court shall hear evidence anddetermine whether it would be contrary to the best interests of the minor or ofthe public for the court to retain jurisdiction. The state has the burden toprove by a preponderance of the evidence the factors required in Section78A-6-703 to be considered by the court.
(b)(2) At the conclusionof the state's case, the minor may testify under oath, call witnesses, andpresent evidence on the factors required by Section 78A-6-703 to be consideredby the court. The minor may cross-examine adverse witnesses.
(c) The court shall makefindings on each factor for which evidence is presented. If the motion to waivejurisdiction and certify is granted, the court shall indicate which factor orfactors were relied upon as a basis for the decision. If the court finds by apreponderance of the evidence that it would be contrary to the best interestsof the minor or of the public for the court to retain jurisdiction, the courtshall enter an order directing the minor to answer the charges in districtcourt.
(d)(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.
(d)(2) Once the minor isbound over to district court, a determination regarding where the minor is heldshall be made pursuant to Section 78A-6-703.
(d)(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.
(d)(4) The jurisdictionof the court shall terminate as provided by statute.
(e) If the court findsprobable cause to believe that a felony has been committed and that the minorcommitted it but does not find that it would be contrary to the best interests ofthe minor or of the public for the court to retain jurisdiction, the courtshall proceed upon the information as if it were a petition. The court mayorder the minor held in a detention center or released in accordance with Rule9.