Rule 23A. Hearingon factors of Utah Code section 78A-6-703.3; bind over to district court.
(a)If a criminal indictment under UtahCode section 78A-6-703.3 alleges the commission of a felony, the courtshall, hear evidence and consider the factors in paragraph (b).
(b)If a criminal information under Utah Code section 78A-6-703.3 allegesthe commission of a felony, after a finding of probable cause in accordancewith Rule 22, the court shall hear evidence and consider the factors and makefindings on:
?(b)(1)the seriousness of the qualifying offense and whether the protection of thecommunity requires that the minor be detained beyond the amount of time allowedunder Utah Code section78A-6-117, or beyond the age of continuing jurisdiction that the court mayexercise under ?Utah Code section 78A-6-703.4;
(b)(2) theextent to which the minor?s actions in the qualifying offense were committed inan aggressive, violent, premeditated, or willful manner;
(b)(3) theminor?s mental, physical, educational, trauma, and social history;
(b)(4) thecriminal record or history of the minor; and
(b)(5) thelikelihood of the minor?s rehabilitation by the use of services and facilitiesthat are available to the court.
(c)The court may consider any written report or other materials that relate to theminor?s mental, physical, educational, trauma, and social history.? Upon request by the minor, the minor?sparent, guardian, or other interested party, the court shall require the personpreparing the report, or other material, to appear and be subject to direct andcross-examination.
(d)At the preliminary examination the minor may testify under oath, callwitnesses, cross examine witnesses, and present evidence.?
(e)If the court does not find by a preponderance of evidence that it would becontrary to the best interest of the minor and the best interests of the publicto bind the minor over to the jurisdiction of the district court, the courtshall enter an order directing the minor to answer the charges in districtcourt.
(f)(1)Upon entry of an order directing the minor to answer the charges in districtcourt, the court shall comply with the requirements of Title 77, Chapter20, Bail. By issuance of a warrant of arrest orcontinuance of an existing warrant, the court shall make an initialdetermination on where the minor is held until the time of trial. The courtshall enter the appropriate written order.
(f)(2)Once the minor is bound over to district court, a determination regarding wherethe minor is held shall be made pursuant to Utah Code section 78A-6-703.5.
(f)(3)The clerk of the juvenile court shall transmit to the clerk of the districtcourt all pleadings in and records made of the proceedings in the juvenilecourt.
(f)(4)The jurisdiction of the court shall terminate as provided by statute.
(g)If the court finds probable cause to believe that a felony has been committedand that the minor committed it and also finds that it would be in the bestinterests of the minor and the public for the juvenile court to retainjurisdiction over the offense, the court shall proceed upon the information asif it were a petition. The court may order the minor held in a detention centeror released in accordance with Rule 9.
Effective November 1, 2020.