78A-6-703.   Certification hearings -- Juvenile court to hold preliminary hearing -- Factors considered by juvenile court for waiver of jurisdiction to district court.
     (1) If a criminal information filed in accordance with Subsection 78A-6-602(3) alleges the commission of an act which would constitute a felony if committed by an adult, the juvenile court shall conduct a preliminary hearing.
     (2) At the preliminary hearing the state shall have the burden of going forward with its case and the burden of establishing:
     (a) probable cause to believe that a crime was committed and that the defendant committed it; and
     (b) by a preponderance of the evidence, that it would be contrary to the best interests of the minor or of the public for the juvenile court to retain jurisdiction.
     (3) In considering whether or not it would be contrary to the best interests of the minor or of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider, and may base its decision on, the finding of one or more of the following factors:
     (a) the seriousness of the offense and whether the protection of the community requires isolation of the minor beyond that afforded by juvenile facilities;
     (b) whether the alleged offense was committed by the minor in concert with two or more persons under circumstances which would subject the minor to enhanced penalties under Section 76-3-203.1 were he an adult;
     (c) whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
     (d) whether the alleged offense was against persons or property, greater weight being given to offenses against persons, except as provided in Section 76-8-418;
     (e) the maturity of the minor as determined by considerations of his home, environment, emotional attitude, and pattern of living;
     (f) the record and previous history of the minor;
     (g) the likelihood of rehabilitation of the minor by use of facilities available to the juvenile court;
     (h) the desirability of trial and disposition of the entire offense in one court when the minor's associates in the alleged offense are adults who will be charged with a crime in the district court;
     (i) whether the minor used a firearm in the commission of an offense; and
     (j) whether the minor possessed a dangerous weapon on or about school premises as provided in Section 76-10-505.5.
     (4) The amount of weight to be given to each of the factors listed in Subsection (3) is discretionary with the court.
     (5) (a) Written reports and other materials relating to the minor's mental, physical, educational, and social history may be considered by the court.
     (b) If requested by the minor, the minor's parent, guardian, or other interested party, the court shall require the person or agency preparing the report and other material to appear and be subject to both direct and cross-examination.
     (6) At the conclusion of the state's case, the minor may testify under oath, call witnesses, cross-examine adverse witnesses, and present evidence on the factors required by Subsection (3).
     (7) If the court finds the state has met its burden under Subsection (2), the court may enter an order:

     (a) certifying that finding; and
     (b) directing that the minor be held for criminal proceedings in the district court.
     (8) If an indictment is returned by a grand jury, the preliminary examination held by the juvenile court need not include a finding of probable cause, but the juvenile court shall proceed in accordance with this section regarding the additional consideration referred to in Subsection (2)(b).
     (9) The provisions of Section 78A-6-115, Section 78A-6-1111, and other provisions relating to proceedings in juvenile cases are applicable to the hearing held under this section to the extent they are pertinent.
     (10) A minor who has been directed to be held for criminal proceedings in the district court is not entitled to a preliminary examination in the district court.
     (11) A minor who has been certified for trial in the district court shall have the same right to bail as any other criminal defendant and shall be advised of that right by the juvenile court judge. The juvenile court shall set initial bail in accordance with Title 77, Chapter 20, Bail.
     (12) When a minor has been certified to the district court under this section or when a criminal information or indictment is filed in a court of competent jurisdiction before a committing magistrate charging the minor with an offense described in Section 78A-6-702, the jurisdiction of the Division of Juvenile Justice Services and the jurisdiction of the juvenile court over the minor is terminated regarding that offense, any other offenses arising from the same criminal episode, and any subsequent misdemeanors or felonies charged against him, except as provided in Subsection (14).
     (13) If a minor enters a plea to, or is found guilty of any of the charges filed or on any other offense arising out of the same criminal episode, the district court retains jurisdiction over the minor for all purposes, including sentencing.
     (14) The juvenile court under Section 78A-6-103 and the Division of Juvenile Justice Services regain jurisdiction and any authority previously exercised over the minor when there is an acquittal, a finding of not guilty, or dismissal of all charges in the district court.

Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009