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First Substitute S.B. 140

Senator Jon J. Greiner proposes the following substitute bill:


             1     
JUVENILE DETENTION AMENDMENTS

             2     
2010 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Jon J. Greiner

             5     
House Sponsor: Richard A. Greenwood

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill clarifies the jurisdiction of the district court and juvenile detention
             10      requirements.
             11      Highlighted Provisions:
             12          This bill:
             13          .    clarifies the detention requirement for minors charged in district court under certain
             14      circumstances; and
             15          .    makes technical changes.
             16      Monies Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          This bill provides an immediate effective date.
             20      Utah Code Sections Affected:
             21      AMENDS:
             22          62A-7-201, as last amended by Laws of Utah 2008, Chapter 3
             23          78A-6-113, as renumbered and amended by Laws of Utah 2008, Chapter 3
             24          78A-6-116, as renumbered and amended by Laws of Utah 2008, Chapter 3
             25          78A-6-601, as renumbered and amended by Laws of Utah 2008, Chapter 3


             26          78A-6-602, as renumbered and amended by Laws of Utah 2008, Chapter 3
             27          78A-6-701, as renumbered and amended by Laws of Utah 2008, Chapter 3
             28          78A-6-702, as renumbered and amended by Laws of Utah 2008, Chapter 3
             29          78A-6-703, as renumbered and amended by Laws of Utah 2008, Chapter 3
             30     
             31      Be it enacted by the Legislature of the state of Utah:
             32          Section 1. Section 62A-7-201 is amended to read:
             33           62A-7-201. Confinement -- Facilities -- Restrictions.
             34          (1) Children under 18 years of age, who are apprehended by any officer or brought
             35      before any court for examination under any provision of state law, may not be confined in jails,
             36      lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
             37      secure postadjudication correctional facilities operated by the division, except as provided [by]
             38      in Subsection (2), other specific statute [and], or in conformance with standards approved by
             39      the board.
             40          (2) (a) Children charged [by information or indictment] with crimes under Section
             41      78A-6-701 , as a serious youth offender under Section 78A-6-702 and bound over to the
             42      jurisdiction of the district court, or certified to stand trial as an adult pursuant to Section
             43      78A-6-703 [may], if detained, shall be detained in a jail or other place of detention used for
             44      adults.
             45          (b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 prior to
             46      a hearing before a magistrate, or under Subsection 78A-6-113 (3), may only be held in certified
             47      juvenile detention accommodations in accordance with rules promulgated by the division.
             48      Those rules shall include standards for acceptable sight and sound separation from adult
             49      inmates. The division certifies facilities that are in compliance with the division's standards.
             50      The provisions of this Subsection (2)(b) do not apply to juveniles held in an adult detention
             51      facility in accordance with Subsection (2)(a).
             52          (3) In areas of low density population, the division may, by rule, approve juvenile
             53      holding accommodations within adult facilities that have acceptable sight and sound
             54      separation. Those facilities shall be used only for short-term holding purposes, with a
             55      maximum confinement of six hours, for children alleged to have committed an act which
             56      would be a criminal offense if committed by an adult. Acceptable short-term holding purposes


             57      are: identification, notification of juvenile court officials, processing, and allowance of
             58      adequate time for evaluation of needs and circumstances regarding release or transfer to a
             59      shelter or detention facility. The provisions of this Subsection (3) do not apply to juveniles
             60      held in an adult detention facility in accordance with Subsection (2)(a).
             61          (4) Children who are alleged to have committed an act which would be a criminal
             62      offense if committed by an adult, may be detained in holding rooms in local law enforcement
             63      agency facilities for a maximum of two hours, for identification or interrogation, or while
             64      awaiting release to a parent or other responsible adult. Those rooms shall be certified by the
             65      division, according to the division's rules. Those rules shall include provisions for constant
             66      supervision and for sight and sound separation from adult inmates.
             67          (5) Willful failure to comply with any of the provisions of this section is a class B
             68      misdemeanor.
             69          (6) (a) The division is responsible for the custody and detention of children under 18
             70      years of age who require detention care prior to trial or examination, or while awaiting
             71      assignment to a home or facility, as a dispositional placement under Subsection
             72      78A-6-117 (2)(f)(i) or 78A-6-1101 (3)(a), and of youth offenders under Subsection
             73      62A-7-504 (8). The provisions of this Subsection (6)(a) do not apply to juveniles held in an
             74      adult detention facility in accordance with Subsection (2)(a).
             75          (b) The division shall provide standards for custody or detention under Subsections
             76      (2)(b), (3), and (4), and shall determine and set standards for conditions of care and
             77      confinement of children in detention facilities.
             78          (c) All other custody or detention shall be provided by the division, or by contract with
             79      a public or private agency willing to undertake temporary custody or detention upon agreed
             80      terms, or in suitable premises distinct and separate from the general jails, lockups, or cells used
             81      in law enforcement and corrections systems. The provisions of this Subsection (6)(c) do not
             82      apply to juveniles held in an adult detention facility in accordance with Subsection (2)(a).
             83          Section 2. Section 78A-6-113 is amended to read:
             84           78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
             85      Detention hearings -- Period of detention -- Notice -- Confinement for criminal
             86      proceedings -- Bail laws inapplicable, exception.
             87          (1) (a) A minor may not be placed or kept in a secure detention facility pending court


             88      proceedings unless it is unsafe for the public to leave the minor with the minor's parents,
             89      guardian, or custodian and the minor is detainable based on guidelines promulgated by the
             90      Division of Juvenile Justice Services.
             91          (b) A child who must be taken from the child's home but who does not require physical
             92      restriction shall be given temporary care in a shelter facility and may not be placed in a
             93      detention facility.
             94          (c) A child may not be placed or kept in a shelter facility pending court proceedings
             95      unless it is unsafe to leave the child with the child's parents, guardian, or custodian.
             96          (2) After admission of a child to a detention facility pursuant to the guidelines
             97      established by the Division of Juvenile Justice Services and immediate investigation by an
             98      authorized officer of the court, the judge or the officer shall order the release of the child to the
             99      child's parents, guardian, or custodian if it is found the child can be safely returned to their care,
             100      either upon written promise to bring the child to the court at a time set or without restriction.
             101          (a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
             102      within 24 hours after notification of release, the parent, guardian, or custodian is responsible
             103      for the cost of care for the time the child remains in the facility.
             104          (b) The facility shall determine the cost of care.
             105          (c) Any money collected under this Subsection (2) shall be retained by the Division of
             106      Juvenile Justice Services to recover the cost of care for the time the child remains in the
             107      facility.
             108          (3) (a) When a child is detained in a detention or shelter facility, the parents or
             109      guardian shall be informed by the person in charge of the facility that they have the right to a
             110      prompt hearing in court to determine whether the child is to be further detained or released.
             111          (b) When a minor is detained in a detention facility, the minor shall be informed by the
             112      person in charge of the facility that the minor has the right to a prompt hearing in court to
             113      determine whether the minor is to be further detained or released.
             114          (c) Detention hearings shall be held by the judge or by a commissioner.
             115          (d) The court may, at any time, order the release of the minor, whether a detention
             116      hearing is held or not.
             117          (e) If a child is released, and the child remains in the facility, because the parents,
             118      guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be


             119      responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
             120          (4) (a) A minor may not be held in a detention facility longer than 48 hours prior to a
             121      detention hearing, excluding weekends and holidays, unless the court has entered an order for
             122      continued detention.
             123          (b) A child may not be held in a shelter facility longer than 48 hours prior to a shelter
             124      hearing, excluding weekends and holidays, unless a court order for extended shelter has been
             125      entered by the court after notice to all parties described in Section 78A-6-306 .
             126          (c) A hearing for detention or shelter may not be waived. Detention staff shall provide
             127      the court with all information received from the person who brought the minor to the detention
             128      facility.
             129          (d) If the court finds at a detention hearing that it is not safe to release the minor, the
             130      judge or commissioner may order the minor to be held in the facility or be placed in another
             131      appropriate facility, subject to further order of the court.
             132          (e) (i) After a detention hearing has been held, only the court may release a minor from
             133      detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
             134      the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
             135      detention is necessary.
             136          (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5 , or
             137      an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
             138      notice of its decision, including any disposition, order, or no contact orders, be provided to
             139      designated persons in the appropriate local law enforcement agency and district superintendent
             140      or the school or transferee school, if applicable, that the minor attends. The designated persons
             141      may receive the information for purposes of the minor's supervision and student safety.
             142          (iii) Any employee of the local law enforcement agency, school district, and the school
             143      that the minor attends who discloses the court's order of probation is not:
             144          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
             145      provided in Section 63G-7-202 ; and
             146          (B) civilly or criminally liable except when disclosure constitutes a knowing violation
             147      of Section 63G-2-801 .
             148          (5) A minor may not be held in a detention facility, following a dispositional order of
             149      the court for nonsecure substitute care as defined in Section 62A-4a-101 , or for


             150      community-based placement under Section 62A-7-101 for longer than 72 hours, excluding
             151      weekends and holidays. The period of detention may be extended by the court for one period
             152      of seven calendar days if:
             153          (a) the Division of Juvenile Justice Services or another agency responsible for
             154      placement files a written petition with the court requesting the extension and setting forth good
             155      cause; and
             156          (b) the court enters a written finding that it is in the best interests of both the minor and
             157      the community to extend the period of detention.
             158          (6) The agency requesting an extension shall promptly notify the detention facility that
             159      a written petition has been filed.
             160          (7) The court shall promptly notify the detention facility regarding its initial disposition
             161      and any ruling on a petition for an extension, whether granted or denied.
             162          (8) (a) A child under 16 years of age may not be held in a jail, lockup, or other place
             163      for adult detention except as provided by Section 62A-7-201 or unless certified as an adult
             164      pursuant to Section 78A-6-703 . The provisions of Section 62A-7-201 regarding confinement
             165      facilities apply to this Subsection (8).
             166          (b) A child 16 years of age or older whose conduct or condition endangers the safety or
             167      welfare of others in the detention facility for children may, by court order that specifies the
             168      reasons, be detained in another place of confinement considered appropriate by the court,
             169      including a jail or other place of confinement for adults. However, a secure youth corrections
             170      facility is not an appropriate place of confinement for detention purposes under this section.
             171          (9) A sheriff, warden, or other official in charge of a jail or other facility for the
             172      detention of adult offenders or persons charged with crime shall immediately notify the
             173      juvenile court when a person who is or appears to be under 18 years of age is received at the
             174      facility and shall make arrangements for the transfer of the person to a detention facility, unless
             175      otherwise ordered by the juvenile court.
             176          (10) This section does not apply to a minor who is brought to the adult facility under
             177      charges pursuant to Section [ 78A-6-702 ] 78A-6-701 or by order of the juvenile court to be held
             178      for criminal proceedings in the district court under Section 78A-6-702 or 78A-6-703 .
             179          (11) A minor held for criminal proceedings under Section 78A-6-701 , 78A-6-702 , or
             180      78A-6-703 may be detained in a jail or other place of detention used for adults charged with


             181      crime.
             182          (12) Provisions of law regarding bail are not applicable to minors detained or taken
             183      into custody under this chapter, except that bail may be allowed:
             184          (a) if a minor who need not be detained lives outside this state; or
             185          (b) when a minor who need not be detained comes within one of the classes in
             186      Subsection 78A-6-603 (11).
             187          (13) Section 76-8-418 is applicable to a child who willfully and intentionally commits
             188      an act against a jail or other place of confinement, including a Division of Juvenile Justice
             189      Services detention, shelter, or secure confinement facility which would be a third degree felony
             190      if committed by an adult.
             191          Section 3. Section 78A-6-116 is amended to read:
             192           78A-6-116. Minor's cases considered civil proceedings -- Adjudication of
             193      jurisdiction by juvenile court not conviction of crime, exceptions -- Minor not to be
             194      charged with crime, exception -- Traffic violation cases, abstracts to Department of
             195      Public Safety.
             196          (1) Except as provided in Sections 78A-6-701 , 78A-6-702 , and 78A-6-703 ,
             197      proceedings in a minor's case shall be regarded as [a] civil [proceeding] proceedings with the
             198      court exercising equitable powers.
             199          (2) An adjudication by a juvenile court that a minor is within its jurisdiction under
             200      Section 78A-6-103 is not considered a conviction of a crime, except in cases involving traffic
             201      violations. An adjudication may not operate to impose any civil disabilities upon the minor nor
             202      to disqualify the minor for any civil service or military service or appointment.
             203          (3) A minor may not be charged with a crime or convicted in any court except as
             204      provided in Sections 78A-6-701 , 78A-6-702 , and 78A-6-703 , and in cases involving traffic
             205      violations. When a petition has been filed in the juvenile court, the minor may not later be
             206      subjected to criminal prosecution based on the same facts except as provided in Section
             207      78A-6-702 or 78A-6-703 .
             208          (4) An adjudication by a juvenile court that a minor is within its jurisdiction under
             209      Section 78A-6-103 is considered a conviction for the purposes of determining the level of
             210      offense for which a minor may be charged and enhancing the level of an offense in the juvenile
             211      court. A prior adjudication may be used to enhance the level or degree of an offense


             212      committed by an adult only as otherwise specifically provided.
             213          (5) Abstracts of court records for all adjudications of traffic violations shall be
             214      submitted to the Department of Public Safety as provided in Section 53-3-218 .
             215          (6) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution
             216      may be forwarded to employers, financial institutions, law enforcement, constables, the Office
             217      of Recovery Services, or other agencies for purposes of enforcing the order as provided in
             218      Section 78A-6-117 .
             219          Section 4. Section 78A-6-601 is amended to read:
             220           78A-6-601. Criminal proceedings involving minors -- Transfer to juvenile court --
             221      Exception.
             222          (1) If, during the pendency of a criminal or quasi-criminal proceeding in another court,
             223      including a preliminary hearing, it is determined that the person charged is under 21 years of
             224      age and was less than 18 years of age at the time of committing the alleged offense, that court
             225      shall transfer the case to the juvenile court, together with all the papers, documents, and
             226      transcripts of any testimony except as provided in Sections 78A-6-701 , 78A-6-702 , and
             227      78A-6-703 .
             228          (2) The court making the transfer shall order the person to be taken immediately to the
             229      juvenile court or to a place of detention designated by the juvenile court, or shall release him to
             230      the custody of his parent or guardian or other person legally responsible for him, to be brought
             231      before the juvenile court at a time designated by it. The juvenile court shall then proceed as
             232      provided in this chapter.
             233          Section 5. Section 78A-6-602 is amended to read:
             234           78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
             235      referral -- Citation -- Failure to appear.
             236          (1) A proceeding in a minor's case is commenced by petition, except as provided in
             237      Sections 78A-6-701 , 78A-6-702 , and 78A-6-703 .
             238          (2) (a) A peace officer or any public official of the state, any county, city, or town
             239      charged with the enforcement of the laws of the state or local jurisdiction shall file a formal
             240      referral with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken
             241      to a detention facility, the formal referral shall be filed with the juvenile court within 72 hours,
             242      excluding weekends and holidays. There shall be no requirement to file a formal referral with


             243      the juvenile court on an offense that would be a class B misdemeanor or less if committed by
             244      an adult.
             245          (b) When the court is informed by a peace officer or other person that a minor is or
             246      appears to be within the court's jurisdiction, the probation department shall make a preliminary
             247      inquiry to determine whether the interests of the public or of the minor require that further
             248      action be taken.
             249          (c) Based on the preliminary inquiry, the court may authorize the filing of or request
             250      that the county attorney or district attorney as provided under Sections 17-18-1 and 17-18-1.7
             251      file a petition. In its discretion, the court may, through its probation department, enter into a
             252      written consent agreement with the minor and, if the minor is a child, the minor's parent,
             253      guardian, or custodian for the nonjudicial adjustment of the case if the facts are admitted and
             254      establish prima facie jurisdiction. Efforts to effect a nonjudicial adjustment may not extend for
             255      a period of more than 90 days without leave of a judge of the court, who may extend the period
             256      for an additional 90 days.
             257          (d) The nonjudicial adjustment of a case may include conditions agreed upon as part of
             258      the nonjudicial closure:
             259          (i) payment of a financial penalty of not more than $250 to the Juvenile Court;
             260          (ii) payment of victim restitution;
             261          (iii) satisfactory completion of compensatory service;
             262          (iv) referral to an appropriate provider for counseling or treatment;
             263          (v) attendance at substance abuse programs or counseling programs;
             264          (vi) compliance with specified restrictions on activities and associations; and
             265          (vii) other reasonable actions that are in the interest of the child or minor and the
             266      community.
             267          (e) Proceedings involving offenses under Section 78A-6-606 are governed by that
             268      section regarding suspension of driving privileges.
             269          (f) A violation of Section 76-10-105 that is subject to the jurisdiction of the Juvenile
             270      Court shall include a minimum fine or penalty of $60 and participation in a court-approved
             271      tobacco education program, which may include a participation fee.
             272          (3) Except as provided in [Section] Sections 78A-6-701 and 78A-6-702 , in the case of
             273      a minor 14 years of age or older, the county attorney, district attorney, or attorney general may


             274      commence an action by filing a criminal information and a motion requesting the juvenile court
             275      to waive its jurisdiction and certify the minor to the district court.
             276          (4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
             277      misdemeanors, other infractions or misdemeanors as designated by general order of the Board
             278      of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the
             279      Juvenile Court, a petition is not required and the issuance of a citation as provided in Section
             280      78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry is not
             281      required unless requested by the court.
             282          (b) Any failure to comply with the time deadline on a formal referral may not be the
             283      basis of dismissing the formal referral.
             284          Section 6. Section 78A-6-701 is amended to read:
             285           78A-6-701. Jurisdiction of district court.
             286          (1) The district court [shall have] has exclusive original jurisdiction over all persons 16
             287      years of age or older charged [by information or indictment] with:
             288          (a) an offense which would be murder or aggravated murder if committed by an adult;
             289      or
             290          (b) an offense which would be a felony if committed by an adult if the minor has been
             291      previously committed to a secure facility as defined in Section 62A-7-101 . This Subsection
             292      (1)(b) shall not apply if the offense is committed in a secure facility.
             293          (2) When the district court has exclusive original jurisdiction over a minor under this
             294      section, it also has exclusive original jurisdiction over the minor regarding all offenses joined
             295      with the qualifying offense, and any other offenses, including misdemeanors, arising from the
             296      same criminal episode. The district court is not divested of jurisdiction by virtue of the fact
             297      that the minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
             298          (3) (a) Any felony, misdemeanor, or infraction committed after the offense over which
             299      the district court takes jurisdiction under Subsection (1) or (2) shall be tried against the
             300      defendant as an adult in the district court or justice court having jurisdiction.
             301          (b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of not
             302      guilty, or a dismissal of the charge in the district court, the juvenile court under Section
             303      78A-6-103 and the Division of Juvenile Justice Services regain any jurisdiction and [any]
             304      authority previously exercised over the minor.


             305          Section 7. Section 78A-6-702 is amended to read:
             306           78A-6-702. Serious youth offender -- Procedure.
             307          (1) Any action filed by a county attorney, district attorney, or attorney general charging
             308      a minor 16 years of age or older with a felony shall be by criminal information and filed in the
             309      juvenile court if the information charges any of the following offenses:
             310          (a) any felony violation of:
             311          (i) Section 76-6-103 , aggravated arson;
             312          (ii) Subsection 76-5-103 (1)(a), aggravated assault, involving intentionally causing
             313      serious bodily injury to another;
             314          (iii) Section 76-5-302 , aggravated kidnaping;
             315          (iv) Section 76-6-203 , aggravated burglary;
             316          (v) Section 76-6-302 , aggravated robbery;
             317          (vi) Section 76-5-405 , aggravated sexual assault;
             318          (vii) Section 76-10-508 , discharge of a firearm from a vehicle;
             319          (viii) Section 76-5-202 , attempted aggravated murder; or
             320          (ix) Section 76-5-203 , attempted murder; or
             321          (b) an offense other than those listed in Subsection (1)(a) involving the use of a
             322      dangerous weapon which would be a felony if committed by an adult, and the minor has been
             323      previously adjudicated or convicted of an offense involving the use of a dangerous weapon
             324      which also would have been a felony if committed by an adult.
             325          (2) All proceedings before the juvenile court related to charges filed under Subsection
             326      (1) shall be conducted in conformity with the rules established by the Utah Supreme Court.
             327          (3) (a) If the information alleges the violation of a felony listed in Subsection (1), the
             328      state shall have the burden of going forward with its case and the burden of proof to establish
             329      probable cause to believe that one of the crimes listed in Subsection (1) has been committed
             330      and that the defendant committed it. If proceeding under Subsection (1)(b), the state shall have
             331      the additional burden of proving by a preponderance of the evidence that the defendant has
             332      previously been adjudicated or convicted of an offense involving the use of a dangerous
             333      weapon.
             334          (b) If the juvenile court judge finds the state has met its burden under this Subsection
             335      (3), the court shall order that the defendant be bound over and held to answer in the district


             336      court in the same manner as an adult unless the juvenile court judge finds that all of the
             337      following conditions exist:
             338          (i) the minor has not been previously adjudicated delinquent for an offense involving
             339      the use of a dangerous weapon which would be a felony if committed by an adult;
             340          (ii) that if the offense was committed with one or more other persons, the minor
             341      appears to have a lesser degree of culpability than the codefendants; and
             342          (iii) that the minor's role in the offense was not committed in a violent, aggressive, or
             343      premeditated manner.
             344          (c) Once the state has met its burden under this Subsection (3) as to a showing of
             345      probable cause, the defendant shall have the burden of going forward and presenting evidence
             346      as to the existence of the above conditions.
             347          (d) If the juvenile court judge finds by clear and convincing evidence that all the above
             348      conditions are satisfied, the court shall so state in its findings and order the minor held for trial
             349      as a minor and shall proceed upon the information as though it were a juvenile petition.
             350          (4) If the juvenile court judge finds that an offense has been committed, but that the
             351      state has not met its burden of proving the other criteria needed to bind the defendant over
             352      under Subsection (1), the juvenile court judge shall order the defendant held for trial as a minor
             353      and shall proceed upon the information as though it were a juvenile petition.
             354          (5) At the time of a bind over to district court a criminal warrant of arrest shall issue.
             355      The defendant shall have the same right to bail as any other criminal defendant and shall be
             356      advised of that right by the juvenile court judge. The juvenile court shall set initial bail in
             357      accordance with Title 77, Chapter 20, Bail.
             358          (6) If an indictment is returned by a grand jury charging a violation under this section,
             359      the preliminary examination held by the juvenile court judge need not include a finding of
             360      probable cause that the crime alleged in the indictment was committed and that the defendant
             361      committed it, but the juvenile court shall proceed in accordance with this section regarding the
             362      additional considerations listed in Subsection (3)(b).
             363          (7) When a defendant is charged with multiple criminal offenses in the same
             364      information or indictment and is bound over to answer in the district court for one or more
             365      charges under this section, other offenses arising from the same criminal episode and any
             366      subsequent misdemeanors or felonies charged against him shall be considered together with


             367      those charges, and where the court finds probable cause to believe that those crimes have been
             368      committed and that the defendant committed them, the defendant shall also be bound over to
             369      the district court to answer for those charges.
             370          (8) When a minor has been bound over to the district court under this section, the
             371      jurisdiction of the Division of Juvenile Justice Services and the juvenile court over the minor is
             372      terminated regarding that offense, any other offenses arising from the same criminal episode,
             373      and any subsequent misdemeanors or felonies charged against the minor, except as provided in
             374      Subsection (12).
             375          [(8)] (9) A minor who is bound over to answer as an adult in the district court under
             376      this section or on whom an indictment has been returned by a grand jury is not entitled to a
             377      preliminary examination in the district court.
             378          [(9)] (10) Allegations contained in the indictment or information that the defendant has
             379      previously been adjudicated or convicted of an offense involving the use of a dangerous
             380      weapon, or is 16 years of age or older, are not elements of the criminal offense and do not need
             381      to be proven at trial in the district court.
             382          [(10)] (11) If a minor enters a plea to, or is found guilty of, any of the charges filed or
             383      any other offense arising from the same criminal episode, the district court retains jurisdiction
             384      over the minor for all purposes, including sentencing.
             385          [(11)] (12) The juvenile court under Section 78A-6-103 and the Division of Juvenile
             386      Justice Services regain jurisdiction and any authority previously exercised over the minor when
             387      there is an acquittal, a finding of not guilty, or dismissal of all charges in the district court.
             388          Section 8. Section 78A-6-703 is amended to read:
             389           78A-6-703. Certification hearings -- Juvenile court to hold preliminary hearing --
             390      Factors considered by juvenile court for waiver of jurisdiction to district court.
             391          (1) If a criminal information filed in accordance with Subsection 78A-6-602 (3) alleges
             392      the commission of an act which would constitute a felony if committed by an adult, the
             393      juvenile court shall conduct a preliminary hearing.
             394          (2) At the preliminary hearing the state shall have the burden of going forward with its
             395      case and the burden of establishing:
             396          (a) probable cause to believe that a crime was committed and that the defendant
             397      committed it; and


             398          (b) by a preponderance of the evidence, that it would be contrary to the best interests of
             399      the minor or of the public for the juvenile court to retain jurisdiction.
             400          (3) In considering whether or not it would be contrary to the best interests of the minor
             401      or of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider,
             402      and may base its decision on, the finding of one or more of the following factors:
             403          (a) the seriousness of the offense and whether the protection of the community requires
             404      isolation of the minor beyond that afforded by juvenile facilities;
             405          (b) whether the alleged offense was committed by the minor in concert with two or
             406      more persons under circumstances which would subject the minor to enhanced penalties under
             407      Section 76-3-203.1 were he an adult;
             408          (c) whether the alleged offense was committed in an aggressive, violent, premeditated,
             409      or willful manner;
             410          (d) whether the alleged offense was against persons or property, greater weight being
             411      given to offenses against persons, except as provided in Section 76-8-418 ;
             412          (e) the maturity of the minor as determined by considerations of his home,
             413      environment, emotional attitude, and pattern of living;
             414          (f) the record and previous history of the minor;
             415          (g) the likelihood of rehabilitation of the minor by use of facilities available to the
             416      juvenile court;
             417          (h) the desirability of trial and disposition of the entire offense in one court when the
             418      minor's associates in the alleged offense are adults who will be charged with a crime in the
             419      district court;
             420          (i) whether the minor used a firearm in the commission of an offense; and
             421          (j) whether the minor possessed a dangerous weapon on or about school premises as
             422      provided in Section 76-10-505.5 .
             423          (4) The amount of weight to be given to each of the factors listed in Subsection (3) is
             424      discretionary with the court.
             425          (5) (a) Written reports and other materials relating to the minor's mental, physical,
             426      educational, and social history may be considered by the court.
             427          (b) If requested by the minor, the minor's parent, guardian, or other interested party, the
             428      court shall require the person or agency preparing the report and other material to appear and


             429      be subject to both direct and cross-examination.
             430          (6) At the conclusion of the state's case, the minor may testify under oath, call
             431      witnesses, cross-examine adverse witnesses, and present evidence on the factors required by
             432      Subsection (3).
             433          (7) If the court finds the state has met its burden under Subsection (2), the court may
             434      enter an order:
             435          (a) certifying that finding; and
             436          (b) directing that the minor be held for criminal proceedings in the district court.
             437          (8) If an indictment is returned by a grand jury, the preliminary examination held by the
             438      juvenile court need not include a finding of probable cause, but the juvenile court shall proceed
             439      in accordance with this section regarding the additional consideration referred to in Subsection
             440      (2)(b).
             441          (9) The provisions of Section 78A-6-115 , Section 78A-6-1111 , and other provisions
             442      relating to proceedings in juvenile cases are applicable to the hearing held under this section to
             443      the extent they are pertinent.
             444          (10) A minor who has been directed to be held for criminal proceedings in the district
             445      court is not entitled to a preliminary examination in the district court.
             446          (11) A minor who has been certified for trial in the district court shall have the same
             447      right to bail as any other criminal defendant and shall be advised of that right by the juvenile
             448      court judge. The juvenile court shall set initial bail in accordance with Title 77, Chapter 20,
             449      Bail.
             450          (12) When a minor has been certified to the district court under this section, [or when a
             451      criminal information or indictment is filed in a court of competent jurisdiction before a
             452      committing magistrate charging the minor with an offense described in Section 78A-6-702 ,]
             453      the jurisdiction of the Division of Juvenile Justice Services and the jurisdiction of the juvenile
             454      court over the minor is terminated regarding that offense, any other offenses arising from the
             455      same criminal episode, and any subsequent misdemeanors or felonies charged against him,
             456      except as provided in Subsection (14).
             457          (13) If a minor enters a plea to, or is found guilty of any of the charges filed or on any
             458      other offense arising out of the same criminal episode, the district court retains jurisdiction
             459      over the minor for all purposes, including sentencing.


             460          (14) The juvenile court under Section 78A-6-103 and the Division of Juvenile Justice
             461      Services regain jurisdiction and any authority previously exercised over the minor when there
             462      is an acquittal, a finding of not guilty, or dismissal of all charges in the district court.
             463          Section 9. Effective date.
             464          If approved by two-thirds of all the members elected to each house, this bill takes effect
             465      upon approval by the governor, or the day following the constitutional time limit of Utah
             466      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
             467      the date of veto override.


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