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Rule 9. Detention hearings; scheduling; hearing procedure.

(a) The officer in charge of the detention facility shall provideto the court a copy of the report required by Utah Code section 80-6-201.

(b) If a minor is admitted into a detention facility without awarrant, the court shall make a determination whether there is probablecause for the minor?s arrest, within 24 hours of the minor?s admission todetention including weekends and holidays.

(c) The court shall hold a detention hearing within 48 hours ofthe minor's admission to detention. A minor may not be held in a detentionfacility longer than 48 hours before a detention hearing, excluding weekendsand holidays, unless the court has entered an order for continued detention. Theofficer in charge of the detention facility shall notify the minor, parent,guardian or custodian and attorney of the date, time, place and manner of suchhearing.

(d) The court may at any time order the release of a minor whethera detention hearing is held or not.

(e)A probable cause determination and detention hearing may occur concurrently solong as the probable cause determination and the detention hearing occur pursuantto the time frames in paragraphs (b) and (c).

(f) The court may order a minor to be held in the detentionfacility or placed in another appropriate facility, subject to further order ofthe court, only if the court finds at the detention hearing that:

?(1) releasing the minor to the minor?s parents, guardian, or custodian presents an unreasonablerisk to public safety;

?(2) less restrictive nonresidentialalternatives to detention have been considered and, where appropriate,attempted; and

?(3) the minor is eligible for detention underthe division guidelines for detention admission established by the Division ofJuvenile Justice Services, under Utah Code sections 80-5-501 and 80-6-201.

(g)At the beginning of the detention hearing, the courtshall advise all persons present as to the reasons or allegations giving riseto the minor's admission to detention and the limited scope and purpose of thehearing. If the minor is to be arraigned at the detention hearing, theprovisions of Rules 24 and 26 shall apply.

(h)The court may receive any information, includinghearsay and opinion, that is relevant to the decision whether todetain or release the minor. Privileged communications may be introduced onlyin accordance with the Utah Rules of Evidence.

(i)A detention hearing may be held without the presenceof the minor's parent, guardian or custodian if they fail to appear afterreceiving notice. The court may delay the hearing for up to 48 hours to permitthe parent, guardian or custodian to be present or may proceed subject to therights of the parent, guardian or custodian. The court may appoint counsel forthe minor with or without the minor's request.

(j)If the court determines that no probable causeexists for the arrest or the offense or condition alleged does not meet therequirements in Rule 6 as a basis for admission, itshall order the minor released immediately without restrictions.

(k)If the court determines that a less restrictive alternative to detention isappropriate it may place the minor on home detention, another alternativeprogram, or order the minor's release upon compliance with certain conditionspending further proceedings. Such conditions may include:

?(1) a requirementthat the minor remain in the physical care and custody of a parent, guardian,custodian or other suitable person;

?(2) a restrictionon the minor's travel, associations or residence during the period of theminor's release; and

?(3) other requirementsdeemed reasonably necessary and consistent with the criteria for detaining theminor.

(I)If the court determines that probable cause exists as to the offense orcondition alleged as a basis for the minor's admission to detention but thatthe minor can be safely left in the care and custody of the parent, guardian orcustodian present at the hearing, it may order release of the minor upon thepromise of the minor and the parent, guardian or custodian to return to courtfor further proceedings when notified.

(m)If the court determines that the offense is one governed by Utah Code sections80-6-502, 80-6-503, 80-6-504, or 80-6-505, the court may by issuance of awarrant of arrest order the minor committed to the county jail in accordancewith Utah Code section 80-6-204.

(n)Any predisposition order to detention shall be reviewed by the court once everyseven days, unless the minor is ordered to home detention or an alternativedetention program. Predisposition orders to home detention or an alternativedetention program shall be reviewed by the court once every 15 days. The courtmay, on its own motion or on the motion of any party, schedule a detentionreview hearing at any time.

Effective September1, 2021