Title 78A - Judiciary and Judicial Administration - Chapter 6 - Juvenile Court Act - Part 7 - Transfer of Jurisdiction - Section 703.6 - Criminal proceedings for a minor bound over to district court.


Published: 2020-05-12

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Utah Code

Page 1

Effective 5/12/2020 Superseded 5/28/2021 78A-6-703.6 Criminal proceedings for a minor bound over to district court. (1) If the juvenile court binds a minor over to the district court in accordance with Section

78A-6-703.5, the prosecuting attorney shall try the minor as if the minor is an adult in the district court except:

(a) the minor is not subject to a sentence of death in accordance with Subsection 76-3-206(2)(b); and

(b) the minor is not subject to a sentence of life without parole in accordance with Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.

(2) A minor who is bound over to the district court to answer as an adult is not entitled to a preliminary hearing in the district court.

(3) (a) If a minor is bound over to the district court by the juvenile court, the district court may

reconsider the juvenile court's decision under Subsection 78A-6-703.5(13) as to where the minor is being held until trial.

(b) If the district court reconsiders the juvenile court's decision as to where the minor is held, the district court shall consider and make findings on:

(i) the age of the minor; (ii) the minor's history of prior criminal acts; (iii) whether detention in a juvenile detention facility will adequately serve the need for

community protection pending the outcome of any criminal proceedings; (iv) the relative ability of the facility to meet the needs of the minor and protect the public; (v) the physical maturity of the minor; (vi) the current mental state of the minor as evidenced by relevant mental health or

psychological assessments or screenings that are made available to the court; and (vii) any other factors the court considers relevant.

(4) A minor who is ordered to a juvenile detention facility under Subsection (3) shall remain in the facility:

(a) until released by a district court; or (b) if convicted, until sentencing.

(5) If the district court orders the minor to be detained in a juvenile detention facility under Subsection (3) and the minor attains the age of 18 while detained at the facility, the minor shall be transferred within 30 days to an adult jail to remain:

(a) until released by the district court; or (b) if convicted, until sentencing.

(6) If a minor is bound over to the district court and detained in a juvenile detention facility, the district court may order the minor be detained in another place of confinement that is considered appropriate by the district court, including a jail or other place of pretrial confinement for adults if the minor's conduct or condition endangers the safety and welfare of others in the facility.

(7) If the district court obtains jurisdiction over a minor under Section 78A-6-703.5, the district court is not divested of jurisdiction for a qualifying offense or a separate offense listed in the criminal information when the minor is allowed to enter a plea to, or is found guilty of, another offense in the same criminal information.