Rule 23A. Hearing on conditions of Section
78A-6-702; bind over to district court.
(a) If a criminal
indictment under Section 78A-6-702 alleges the commission of a felony, the
court shall, upon the request of the minor, hear evidence and determine whether
the conditions of paragraph (c) exist.
(b) If a
criminal information under Section 78A-6-702 alleges the commission of a
felony, after a finding of probable cause in accordance with Rule 22, the court
shall hear evidence and determine whether the conditions of paragraph (c)
exist.
(c) The minor
shall have the burden of going forward as to the existence of the following
conditions as provided by Section 78A-6-702:
(c)(1) the
minor has not been previously adjudicated delinquent for an offense involving
the use of a dangerous weapon which would be a felony if committed by an adult;
(c)(2) that if
the offense was committed with one or more other persons, the minor appears to
have a lesser degree of culpability than the codefendants; and
(c)(3) that the
minor's role in the offense was not committed in a violent, aggressive, or
premeditated manner.
(d) At the
conclusion of the minor's case, the state may call witnesses 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 clear and convincing evidence that the conditions
required by Section78A-6-702 are present, the court shall enter an order
directing the minor to answer the charges in district court.
(f)(1) Upon
entry of an order directing the minor to answer the charges in district court,
the court shall comply with the requirements of Title 77, Chapter 20, Bail. By
issuance of a warrant of arrest or continuance of an existing warrant, the
court may order the minor committed to jail in accordance with Section
62A-7-201. The court shall enter the appropriate written order.
(f)(2) The
clerk of the juvenile court shall transmit to the clerk of the district court
all pleadings in and records made of the proceedings in the juvenile court.
(f)(3) 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 committed and that
the minor committed it and also finds that all of the conditions of Section
78A-6-702 are present, the court shall proceed upon the information as if it
were a petition. The court may order the minor held in a detention center or
released in accordance with Rule 9.