State Codes and Statutes
Statutes > Utah > Title-78a > Chapter-06 > 78a-6-703-superseded-11-01-1078A-6-703 (Superseded 11/01/10). Certification hearings -- Juvenile court to holdpreliminary hearing -- Factors considered by juvenile court for waiver of jurisdiction todistrict court.
(1) If a criminal information filed in accordance with Subsection 78A-6-602(3) allegesthe commission of an act which would constitute a felony if committed by an adult, the juvenilecourt shall conduct a preliminary hearing.
(2) At the preliminary hearing the state shall have the burden of going forward with itscase and the burden of establishing:
(a) probable cause to believe that a crime was committed and that the defendantcommitted it; and
(b) by a preponderance of the evidence, that it would be contrary to the best interests ofthe 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 orof the public for the juvenile court to retain jurisdiction, the juvenile court shall consider, andmay 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 requiresisolation of the minor beyond that afforded by juvenile facilities;
(b) whether the alleged offense was committed by the minor in concert with two or morepersons under circumstances which would subject the minor to enhanced penalties under Section76-3-203.1 were he an adult;
(c) whether the alleged offense was committed in an aggressive, violent, premeditated, orwillful manner;
(d) whether the alleged offense was against persons or property, greater weight beinggiven 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 thejuvenile court;
(h) the desirability of trial and disposition of the entire offense in one court when theminor's associates in the alleged offense are adults who will be charged with a crime in thedistrict 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 asprovided in Section 76-10-505.5.
(4) The amount of weight to be given to each of the factors listed in Subsection (3) isdiscretionary 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, thecourt shall require the person or agency preparing the report and other material to appear and besubject 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 thejuvenile court need not include a finding of probable cause, but the juvenile court shall proceedin 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 provisionsrelating to proceedings in juvenile cases are applicable to the hearing held under this section tothe extent they are pertinent.
(10) A minor who has been directed to be held for criminal proceedings in the districtcourt 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 sameright to bail as any other criminal defendant and shall be advised of that right by the juvenilecourt 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, thejurisdiction of the Division of Juvenile Justice Services and the jurisdiction of the juvenile courtover the minor is terminated regarding that offense, any other offenses arising from the samecriminal episode, and any subsequent misdemeanors or felonies charged against him, except asprovided in Subsection (14).
(13) If a minor enters a plea to, or is found guilty of any of the charges filed or on anyother offense arising out of the same criminal episode, the district court retains jurisdiction overthe minor for all purposes, including sentencing.
(14) The juvenile court under Section 78A-6-103 and the Division of Juvenile JusticeServices regain jurisdiction and any authority previously exercised over the minor when there isan acquittal, a finding of not guilty, or dismissal of all charges in the district court.
Amended by Chapter 38, 2010 General Session
