Utah Courts
URJP Rule 23A (Rules of Juvenile Procedure)
URJP Rule 23A (Rules of Juvenile Procedure)
Rule 23A. Hearing on factors of Utah Code section 80-6-503; bind over to district court.
(a) If a criminal indictment under Utah Code section 80-6-503 alleges the commission of a felony, the court shall, hear evidence and consider the factors in paragraph (b).
(b) If a criminal information under Utah Code section 80-6-503 alleges the commission of a felony, after a finding of probable cause in accordance with Rule 22, the court shall hear evidence and consider the factors and make findings on:
(1) the seriousness of the qualifying offense and whether the protection of the community requires that the minor be detained beyond the amount of time allowed under Utah Code section 80-6-601, or beyond the age of continuing jurisdiction that the court may exercise under Utah Code section 80-6-605;
(2) the extent to which the minor’s actions in the qualifying offense were committed 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 and facilities that are available to the court.
(c) The court may consider any written report or other materials that relate to the minor’s mental, physical, educational, trauma, and social history. Upon request by the minor, the minor’s parent, guardian, or other interested party, the court shall require the person preparing the report, or other material, to appear and be subject to direct and cross-examination.
(d) At the preliminary examination the minor may testify under oath, call witnesses, cross examine witnesses, and present evidence.
(e) If the court does not find by a preponderance of evidence that it would be contrary to the best interest of the minor and the best interests of 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 in district court.
(f) 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 shall make an initial determination on where the minor is held until the time of trial. The court shall enter the appropriate written order.
(1) Once the minor is bound over to district court, a determination regarding where the minor is held shall be made pursuant to Utah Code section 80-6-504.
(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.
(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 it would be in the best interests of the minor and the public for the juvenile court to retain jurisdiction over the offense, 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.