77-20-206. Motion for pretrial detention — Pretrial detention hearing.
(1)
Terms Used In Utah Code 77-20-206
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Pretrial status order: means an order issued by a magistrate or judge that:
(a)
releases the individual on the individual's own recognizance while the individual awaits trial or other resolution of criminal charges;
(b)
sets the terms and conditions of the individual's pretrial release while the individual awaits trial or other resolution of criminal charges; or
(c)
denies pretrial release and orders that the individual be detained while the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102
Subpoena: A command to a witness to appear and give testimony.
Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a)
If the criminal charges filed against an individual include one or more offenses eligible for detention under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8, the prosecuting attorney may make a motion for pretrial detention.
(b)
Upon receiving a motion for pretrial detention under Subsection (1)(a), the judge shall set a pretrial detention hearing in accordance with Subsection (2).
(2)
If a pretrial status order is not issued at an individual’s first appearance and the individual remains detained, a pretrial detention hearing shall be held at the next available court hearing that is:
(a)
no sooner than seven days from the day on which the defendant was arrested; and
(b)
no later than fourteen days from the day on which the defendant was arrested.
(3)
(a)
An individual, who is the subject of a pretrial detention hearing, has the right to be represented by counsel at the pretrial detention hearing.
(b)
If a judge finds the individual is indigent under Section 78B-22-202, the judge shall appoint counsel to represent the individual in accordance with Section 78B-22-203.
(4)
At the pretrial detention hearing:
(a)
the judge shall give both parties the opportunity to make arguments and to present relevant evidence or information;
(b)
the prosecuting attorney and the defendant have a right to subpoena witnesses to testify; and
(c)
the judge shall issue a pretrial status order in accordance with Subsection (5) and Section 77-20-205.
(5)
After hearing evidence on a motion for pretrial detention, and based on the totality of the circumstances, a judge may order detention if:
(a)
the individual is accused of committing an offense that qualifies for detention of the individual under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8; and
(b)
the prosecuting attorney demonstrates substantial evidence to support the charge, and meets all additional evidentiary burdens required under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8.
(6)
An alleged victim has the right to be heard at a pretrial detention hearing on a motion for pretrial detention.
(7)
If a defendant seeks to subpoena an alleged victim who did not willingly testify at the pretrial detention hearing, a defendant may issue a subpoena, at the conclusion of the pretrial detention hearing, compelling the alleged victim to testify at a subsequent hearing only if the judge finds that the testimony sought by the subpoena:
(a)
is material to the substantial evidence or clear and convincing evidence determinations described in Section 77-20-201 in light of all information presented to the court; and
(b)
would not unnecessarily intrude on the rights of the victim or place an undue burden on the victim.
