S.B. 140 Enrolled

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
36 jails, lockups, or cells used for persons 18 years of age or older who are charged with crime, or
37 in secure postadjudication correctional facilities operated by the division, except as provided
38 [by] in Subsection (2), other specific statute [and], or in conformance with standards approved
39 by 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
46 to a hearing before a magistrate, or under Subsection 78A-6-113 (3), may only be held in
47 certified juvenile detention accommodations in accordance with rules promulgated by the
48 division. Those rules shall include standards for acceptable sight and sound separation from
49 adult inmates. The division certifies facilities that are in compliance with the division's
50 standards. The provisions of this Subsection (2)(b) do not apply to juveniles held in an adult
51 detention 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
81 used in law enforcement and corrections systems. The provisions of this Subsection (6)(c) do
82 not 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
92 physical restriction shall be given temporary care in a shelter facility and may not be placed in
93 a 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
100 care, either upon written promise to bring the child to the court at a time set or without
101 restriction.
102 (a) If a child's parent, guardian, or custodian fails to retrieve the child from a facility
103 within 24 hours after notification of release, the parent, guardian, or custodian is responsible
104 for the cost of care for the time the child remains in the facility.
105 (b) The facility shall determine the cost of care.
106 (c) Any money collected under this Subsection (2) shall be retained by the Division of
107 Juvenile Justice Services to recover the cost of care for the time the child remains in the
108 facility.
109 (3) (a) When a child is detained in a detention or shelter facility, the parents or
110 guardian shall be informed by the person in charge of the facility that they have the right to a
111 prompt hearing in court to determine whether the child is to be further detained or released.
112 (b) When a minor is detained in a detention facility, the minor shall be informed by
113 the person in charge of the facility that the minor has the right to a prompt hearing in court to

114 determine whether the minor is to be further detained or released.
115 (c) Detention hearings shall be held by the judge or by a commissioner.
116 (d) The court may, at any time, order the release of the minor, whether a detention
117 hearing is held or not.
118 (e) If a child is released, and the child remains in the facility, because the parents,
119 guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
120 responsible for the cost of care as provided in Subsections (2)(a), (b), and (c).
121 (4) (a) A minor may not be held in a detention facility longer than 48 hours prior to a
122 detention hearing, excluding weekends and holidays, unless the court has entered an order for
123 continued detention.
124 (b) A child may not be held in a shelter facility longer than 48 hours prior to a shelter
125 hearing, excluding weekends and holidays, unless a court order for extended shelter has been
126 entered by the court after notice to all parties described in Section 78A-6-306 .
127 (c) A hearing for detention or shelter may not be waived. Detention staff shall provide
128 the court with all information received from the person who brought the minor to the detention
129 facility.
130 (d) If the court finds at a detention hearing that it is not safe to release the minor, the
131 judge or commissioner may order the minor to be held in the facility or be placed in another
132 appropriate facility, subject to further order of the court.
133 (e) (i) After a detention hearing has been held, only the court may release a minor from
134 detention. If a minor remains in a detention facility, periodic reviews shall be held pursuant to
135 the Utah State Juvenile Court Rules of Practice and Procedure to ensure that continued
136 detention is necessary.
137 (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5 , or
138 an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
139 notice of its decision, including any disposition, order, or no contact orders, be provided to
140 designated persons in the appropriate local law enforcement agency and district superintendent
141 or the school or transferee school, if applicable, that the minor attends. The designated

142 persons may receive the information for purposes of the minor's supervision and student
143 safety.
144 (iii) Any employee of the local law enforcement agency, school district, and the school
145 that the minor attends who discloses the court's order of probation is not:
146 (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
147 provided in Section 63G-7-202 ; and
148 (B) civilly or criminally liable except when disclosure constitutes a knowing violation
149 of Section 63G-2-801 .
150 (5) A minor may not be held in a detention facility, following a dispositional order of
151 the court for nonsecure substitute care as defined in Section 62A-4a-101 , or for
152 community-based placement under Section 62A-7-101 for longer than 72 hours, excluding
153 weekends and holidays. The period of detention may be extended by the court for one period
154 of seven calendar days if:
155 (a) the Division of Juvenile Justice Services or another agency responsible for
156 placement files a written petition with the court requesting the extension and setting forth good
157 cause; and
158 (b) the court enters a written finding that it is in the best interests of both the minor
159 and the community to extend the period of detention.
160 (6) The agency requesting an extension shall promptly notify the detention facility that
161 a written petition has been filed.
162 (7) The court shall promptly notify the detention facility regarding its initial
163 disposition and any ruling on a petition for an extension, whether granted or denied.
164 (8) (a) A child under 16 years of age may not be held in a jail, lockup, or other place
165 for adult detention except as provided by Section 62A-7-201 or unless certified as an adult
166 pursuant to Section 78A-6-703 . The provisions of Section 62A-7-201 regarding confinement
167 facilities apply to this Subsection (8).
168 (b) A child 16 years of age or older whose conduct or condition endangers the safety
169 or welfare of others in the detention facility for children may, by court order that specifies the

170 reasons, be detained in another place of confinement considered appropriate by the court,
171 including a jail or other place of confinement for adults. However, a secure youth corrections
172 facility is not an appropriate place of confinement for detention purposes under this section.
173 (9) A sheriff, warden, or other official in charge of a jail or other facility for the
174 detention of adult offenders or persons charged with crime shall immediately notify the
175 juvenile court when a person who is or appears to be under 18 years of age is received at the
176 facility and shall make arrangements for the transfer of the person to a detention facility,
177 unless otherwise ordered by the juvenile court.
178 (10) This section does not apply to a minor who is brought to the adult facility under
179 charges pursuant to Section [ 78A-6-702 ] 78A-6-701 or by order of the juvenile court to be
180 held for criminal proceedings in the district court under Section 78A-6-702 or 78A-6-703 .
181 (11) A minor held for criminal proceedings under Section 78A-6-701 , 78A-6-702 , or
182 78A-6-703 may be detained in a jail or other place of detention used for adults charged with
183 crime.
184 (12) Provisions of law regarding bail are not applicable to minors detained or taken
185 into custody under this chapter, except that bail may be allowed:
186 (a) if a minor who need not be detained lives outside this state; or
187 (b) when a minor who need not be detained comes within one of the classes in
188 Subsection 78A-6-603 (11).
189 (13) Section 76-8-418 is applicable to a child who willfully and intentionally commits
190 an act against a jail or other place of confinement, including a Division of Juvenile Justice
191 Services detention, shelter, or secure confinement facility which would be a third degree
192 felony if committed by an adult.
193 Section 3. Section 78A-6-116 is amended to read:
194 78A-6-116. Minor's cases considered civil proceedings -- Adjudication of
195 jurisdiction by juvenile court not conviction of crime -- Exceptions -- Minor not to be
196 charged with crime -- Exception -- Traffic violation cases -- Abstracts to Department of
197 Public Safety.

198 (1) Except as provided in Sections 78A-6-701 , 78A-6-702 , and 78A-6-703 ,
199 proceedings in a minor's case shall be regarded as [a] civil [proceeding] proceedings with the
200 court exercising equitable powers.
201 (2) An adjudication by a juvenile court that a minor is within its jurisdiction under
202 Section 78A-6-103 is not considered a conviction of a crime, except in cases involving traffic
203 violations. An adjudication may not operate to impose any civil disabilities upon the minor
204 nor to disqualify the minor for any civil service or military service or appointment.
205 (3) A minor may not be charged with a crime or convicted in any court except as
206 provided in Sections 78A-6-701 , 78A-6-702 , and 78A-6-703 , and in cases involving traffic
207 violations. When a petition has been filed in the juvenile court, the minor may not later be
208 subjected to criminal prosecution based on the same facts except as provided in Section
209 78A-6-702 or 78A-6-703 .
210 (4) An adjudication by a juvenile court that a minor is within its jurisdiction under
211 Section 78A-6-103 is considered a conviction for the purposes of determining the level of
212 offense for which a minor may be charged and enhancing the level of an offense in the
213 juvenile court. A prior adjudication may be used to enhance the level or degree of an offense
214 committed by an adult only as otherwise specifically provided.
215 (5) Abstracts of court records for all adjudications of traffic violations shall be
216 submitted to the Department of Public Safety as provided in Section 53-3-218 .
217 (6) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution
218 may be forwarded to employers, financial institutions, law enforcement, constables, the Office
219 of Recovery Services, or other agencies for purposes of enforcing the order as provided in
220 Section 78A-6-117 .
221 Section 4. Section 78A-6-601 is amended to read:
222 78A-6-601. Criminal proceedings involving minors -- Transfer to juvenile court
223 -- Exception.
224 (1) If, during the pendency of a criminal or quasi-criminal proceeding in another court,
225 including a preliminary hearing, it is determined that the person charged is under 21 years of

226 age and was less than 18 years of age at the time of committing the alleged offense, that court
227 shall transfer the case to the juvenile court, together with all the papers, documents, and
228 transcripts of any testimony except as provided in Sections 78A-6-701 , 78A-6-702 , and
229 78A-6-703 .
230 (2) The court making the transfer shall order the person to be taken immediately to the
231 juvenile court or to a place of detention designated by the juvenile court, or shall release him
232 to the custody of his parent or guardian or other person legally responsible for him, to be
233 brought before the juvenile court at a time designated by it. The juvenile court shall then
234 proceed as provided in this chapter.
235 Section 5. Section 78A-6-602 is amended to read:
236 78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
237 referral -- Citation -- Failure to appear.
238 (1) A proceeding in a minor's case is commenced by petition, except as provided in
239 Sections 78A-6-701 , 78A-6-702 , and 78A-6-703 .
240 (2) (a) A peace officer or any public official of the state, any county, city, or town
241 charged with the enforcement of the laws of the state or local jurisdiction shall file a formal
242 referral with the juvenile court within 10 days of a minor's arrest. If the arrested minor is
243 taken to a detention facility, the formal referral shall be filed with the juvenile court within 72
244 hours, excluding weekends and holidays. There shall be no requirement to file a formal
245 referral with the juvenile court on an offense that would be a class B misdemeanor or less if
246 committed by an adult.
247 (b) When the court is informed by a peace officer or other person that a minor is or
248 appears to be within the court's jurisdiction, the probation department shall make a
249 preliminary inquiry to determine whether the interests of the public or of the minor require that
250 further action be taken.
251 (c) Based on the preliminary inquiry, the court may authorize the filing of or request
252 that the county attorney or district attorney as provided under Sections 17-18-1 and 17-18-1.7
253 file a petition. In its discretion, the court may, through its probation department, enter into a

254 written consent agreement with the minor and, if the minor is a child, the minor's parent,
255 guardian, or custodian for the nonjudicial adjustment of the case if the facts are admitted and
256 establish prima facie jurisdiction. Efforts to effect a nonjudicial adjustment may not extend
257 for a period of more than 90 days without leave of a judge of the court, who may extend the
258 period for an additional 90 days.
259 (d) The nonjudicial adjustment of a case may include conditions agreed upon as part
260 of the nonjudicial closure:
261 (i) payment of a financial penalty of not more than $250 to the Juvenile Court;
262 (ii) payment of victim restitution;
263 (iii) satisfactory completion of compensatory service;
264 (iv) referral to an appropriate provider for counseling or treatment;
265 (v) attendance at substance abuse programs or counseling programs;
266 (vi) compliance with specified restrictions on activities and associations; and
267 (vii) other reasonable actions that are in the interest of the child or minor and the
268 community.
269 (e) Proceedings involving offenses under Section 78A-6-606 are governed by that
270 section regarding suspension of driving privileges.
271 (f) A violation of Section 76-10-105 that is subject to the jurisdiction of the Juvenile
272 Court shall include a minimum fine or penalty of $60 and participation in a court-approved
273 tobacco education program, which may include a participation fee.
274 (3) Except as provided in [Section] Sections 78A-6-701 and 78A-6-702 , in the case of
275 a minor 14 years of age or older, the county attorney, district attorney, or attorney general may
276 commence an action by filing a criminal information and a motion requesting the juvenile
277 court to waive its jurisdiction and certify the minor to the district court.
278 (4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
279 misdemeanors, other infractions or misdemeanors as designated by general order of the Board
280 of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the
281 Juvenile Court, a petition is not required and the issuance of a citation as provided in Section

282 78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry is not
283 required unless requested by the court.
284 (b) Any failure to comply with the time deadline on a formal referral may not be the
285 basis of dismissing the formal referral.
286 Section 6. Section 78A-6-701 is amended to read:
287 78A-6-701. Jurisdiction of district court.
288 (1) The district court [shall have] has exclusive original jurisdiction over all persons
289 16 years of age or older charged [by information or indictment] with:
290 (a) an offense which would be murder or aggravated murder if committed by an adult;
291 or
292 (b) an offense which would be a felony if committed by an adult if the minor has been
293 previously committed to a secure facility as defined in Section 62A-7-101 . This Subsection
294 (1)(b) shall not apply if the offense is committed in a secure facility.
295 (2) When the district court has exclusive original jurisdiction over a minor under this
296 section, it also has exclusive original jurisdiction over the minor regarding all offenses joined
297 with the qualifying offense, and any other offenses, including misdemeanors, arising from the
298 same criminal episode. The district court is not divested of jurisdiction by virtue of the fact
299 that the minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
300 (3) (a) Any felony, misdemeanor, or infraction committed after the offense over which
301 the district court takes jurisdiction under Subsection (1) or (2) shall be tried against the
302 defendant as an adult in the district court or justice court having jurisdiction.
303 (b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of
304 not guilty, or a dismissal of the charge in the district court, the juvenile court under Section
305 78A-6-103 and the Division of Juvenile Justice Services regain any jurisdiction and [any]
306 authority previously exercised over the minor.
307 Section 7. Section 78A-6-702 is amended to read:
308 78A-6-702. Serious youth offender -- Procedure.
309 (1) Any action filed by a county attorney, district attorney, or attorney general

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

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

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

394 -- Factors considered by juvenile court for waiver of jurisdiction to district court.
395 (1) If a criminal information filed in accordance with Subsection 78A-6-602 (3) alleges
396 the commission of an act which would constitute a felony if committed by an adult, the
397 juvenile court shall conduct a preliminary hearing.
398 (2) At the preliminary hearing the state shall have the burden of going forward with its
399 case and the burden of establishing:
400 (a) probable cause to believe that a crime was committed and that the defendant
401 committed it; and
402 (b) by a preponderance of the evidence, that it would be contrary to the best interests
403 of the minor or of the public for the juvenile court to retain jurisdiction.
404 (3) In considering whether or not it would be contrary to the best interests of the minor
405 or of the public for the juvenile court to retain jurisdiction, the juvenile court shall consider,
406 and may base its decision on, the finding of one or more of the following factors:
407 (a) the seriousness of the offense and whether the protection of the community
408 requires isolation of the minor beyond that afforded by juvenile facilities;
409 (b) whether the alleged offense was committed by the minor in concert with two or
410 more persons under circumstances which would subject the minor to enhanced penalties under
411 Section 76-3-203.1 were he an adult;
412 (c) whether the alleged offense was committed in an aggressive, violent, premeditated,
413 or willful manner;
414 (d) whether the alleged offense was against persons or property, greater weight being
415 given to offenses against persons, except as provided in Section 76-8-418 ;
416 (e) the maturity of the minor as determined by considerations of his home,
417 environment, emotional attitude, and pattern of living;
418 (f) the record and previous history of the minor;
419 (g) the likelihood of rehabilitation of the minor by use of facilities available to the
420 juvenile court;
421 (h) the desirability of trial and disposition of the entire offense in one court when the

422 minor's associates in the alleged offense are adults who will be charged with a crime in the
423 district court;
424 (i) whether the minor used a firearm in the commission of an offense; and
425 (j) whether the minor possessed a dangerous weapon on or about school premises as
426 provided in Section 76-10-505.5 .
427 (4) The amount of weight to be given to each of the factors listed in Subsection (3) is
428 discretionary with the court.
429 (5) (a) Written reports and other materials relating to the minor's mental, physical,
430 educational, and social history may be considered by the court.
431 (b) If requested by the minor, the minor's parent, guardian, or other interested party,
432 the court shall require the person or agency preparing the report and other material to appear
433 and be subject to both direct and cross-examination.
434 (6) At the conclusion of the state's case, the minor may testify under oath, call
435 witnesses, cross-examine adverse witnesses, and present evidence on the factors required by
436 Subsection (3).
437 (7) If the court finds the state has met its burden under Subsection (2), the court may
438 enter an order:
439 (a) certifying that finding; and
440 (b) directing that the minor be held for criminal proceedings in the district court.
441 (8) If an indictment is returned by a grand jury, the preliminary examination held by
442 the juvenile court need not include a finding of probable cause, but the juvenile court shall
443 proceed in accordance with this section regarding the additional consideration referred to in
444 Subsection (2)(b).
445 (9) The provisions of Section 78A-6-115 , Section 78A-6-1111 , and other provisions
446 relating to proceedings in juvenile cases are applicable to the hearing held under this section to
447 the extent they are pertinent.
448 (10) A minor who has been directed to be held for criminal proceedings in the district
449 court is not entitled to a preliminary examination in the district court.

450 (11) A minor who has been certified for trial in the district court shall have the same
451 right to bail as any other criminal defendant and shall be advised of that right by the juvenile
452 court judge. The juvenile court shall set initial bail in accordance with Title 77, Chapter 20,
453 Bail.
454 (12) When a minor has been certified to the district court under this section, [or when
455 a criminal information or indictment is filed in a court of competent jurisdiction before a
456 committing magistrate charging the minor with an offense described in Section 78A-6-702 ,]
457 the jurisdiction of the Division of Juvenile Justice Services and the jurisdiction of the juvenile
458 court over the minor is terminated regarding that offense, any other offenses arising from the
459 same criminal episode, and any subsequent misdemeanors or felonies charged against him,
460 except as provided in Subsection (14).
461 (13) If a minor enters a plea to, or is found guilty of any of the charges filed or on any
462 other offense arising out of the same criminal episode, the district court retains jurisdiction
463 over the minor for all purposes, including sentencing.
464 (14) The juvenile court under Section 78A-6-103 and the Division of Juvenile Justice
465 Services regain jurisdiction and any authority previously exercised over the minor when there
466 is an acquittal, a finding of not guilty, or dismissal of all charges in the district court.
467 Section 9. Effective date.
468 If approved by two-thirds of all the members elected to each house, this bill takes effect
469 upon approval by the governor, or the day following the constitutional time limit of Utah
470 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
471 the date of veto override.