Rule 23A. Hearing on conditions of Section 78A-6-702; bind over todistrict court.
(a) If a criminal indictment under Section 78A-6-702 alleges thecommission of a felony, the court shall, upon the request of the minor, hearevidence and consider the conditions in paragraph (c).
(b) If a criminal information under Section 78A-6-702 alleges thecommission of a felony, after a finding of probable cause in accordance withRule 22, the court shall hear evidence and determine whether the conditions ofparagraph (c) exist.
(c) The minor shall have the burden of going forward andpresenting evidence of the following conditions as provided in Section78A-6-702:
(c)(1) the minor has not been previouslyadjudicated delinquent for an offense involving the use of a dangerous weaponwhich would be a felony if committed by an adult;
(c)(2) that if the offense was committedwith one or more other persons, the minor appears to have a lesser degree ofculpability than the codefendants;
(c)(3) that the minor's role in theoffense was not committed in a violent, aggressive, or premeditated manner;
(c)(4) the number and nature of theminor?s prior adjudications in the juvenile court; and
(c)(5) that public safety is betterserved by adjudicating the minor in the juvenile court or in the districtcourt.
(d) At the conclusion of the minor's case, the state may callwitnesses and present evidence on the conditions required by Section 78A-6-702.The minor may cross-examine adverse witnesses.
(e) If the court does not find by a preponderance of evidence thatit would be contrary to the best interest of the minor and the best interestsof the public to bind the minor over to the jurisdiction of the district court,the court shall enter an order directing the minor to answer the charges indistrict court.
(f)(1) Upon entry of an order directing the minor to answer thecharges in district court, the court shall comply with the requirements ofTitle 77, Chapter 20, Bail. By issuance of a warrantof arrest or continuance of an existing warrant, the court may order the minorcommitted to jail in accordance with Section 62A-7-201. The court shall enterthe appropriate written order.
(f)(2) Once the minor is bound over to district court, adetermination regarding where the minor is held shall be made pursuant toSection 78A-6-702.
(f)(3) The clerk of the juvenile court shall transmit to the clerkof the district court all pleadings in and records made of the proceedings inthe juvenile court.
(f)(4) The jurisdiction of the court shall terminate as providedby statute.
(g) If the court finds probable cause to believe that a felony hasbeen committed and that the minor committed it and also finds that all of theconditions of Section 78A-6-702 are present, the court shall proceed upon theinformation as if it were a petition. The court may order the minor held in adetention center or released in accordance with Rule 9.
Effective Date:?May 1, 2018