Rule 23A. Hearing on factors of Utah Code section80-6-503; bind over to district court.
(a)If a criminal indictment under UtahCode section 80-6-503 alleges the commission of a felony, the courtshall, hear evidence and consider the factors in paragraph (b).
(b)If a criminal information under UtahCode section 80-6-503 alleges the commission of a felony, after afinding of probable cause in accordance with Rule 22, the court shall hearevidence and consider the factors and make findings on:
?(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 section 80-6-601,or beyond the age of continuing jurisdiction that the court may exercise underUtah Code section 80-6-605;
?(2)the extent to which the minor?s actions in the qualifying offense werecommitted in an aggressive, violent, premeditated, or willful manner;
?(3)the minor?s mental, physical, educational, trauma, and social history;
?(4)the criminal record or history of the minor; and
?(5)the likelihood of the minor?s rehabilitation by the use of services andfacilities that 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)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 or continuance of an existingwarrant, the court shall make an initial determination on where the minor isheld until the time of trial. The court shall enter the appropriate writtenorder.
(1) Once the minor is bound over todistrict court, a determination regarding where the minor is held shall be madepursuant to Utah Code section 80-6-504.
(2) The clerk of the juvenile courtshall transmit to the clerk of the district court all pleadings in and recordsmade of the proceedings in the juvenile court.
(3) The jurisdiction of the court shallterminate 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 September 1, 2021