| (1) |
If a prosecuting attorney charges a minor with aggravated murder under Section 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal information in the district court if the minor was a principal actor in an offense and the criminal information alleges:
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Terms Used In Utah Code 80-6-502- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
- Detention: means home detention or secure detention. See Utah Code 80-1-102
- Detention facility: means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention. See Utah Code 80-1-102
- Minor: means :
| (a) | an individual:| (i) | who is at least 18 years old and younger than 25 years old; and |
| (ii) | whose case is under the jurisdiction of the juvenile court; or |
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| (b) | an individual:| (i) | who is younger than 21 years old; |
| (ii) | who is charged with, or convicted of, an offense under Section 80-6-502 or 80-6-503; and |
| (iii) | whose case is under the jurisdiction of the district court. See Utah Code 80-6-501- Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102
- Prosecuting attorney: means :
| (a) | the attorney general and any assistant attorney general; |
| (b) | any district attorney or deputy district attorney; |
| (c) | any county attorney or assistant county attorney; and |
| (d) | any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102 |
| (a) |
the minor was 16 or 17 years old at the time of the offense; and |
| (b) |
the offense for which the minor is being charged is:
| (i) |
aggravated murder, as described in Section 76-5-202; or |
| (ii) |
murder, as described in Section 76-5-203. |
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| (2) |
If the prosecuting attorney files a criminal information in the district court in accordance with Subsection (1), the district court shall try the minor as an adult, except:
| (a) |
the minor is not subject to a sentence of death in accordance with Subsection 76-3-206(2)(b); and |
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| (3) |
| (a) |
Except for a minor who is subject to the authority of the Board of Pardons and Parole, a minor charged with aggravated murder or murder under Subsection (1) shall be held in a detention facility. |
| (b) |
A minor held in a detention facility under Subsection (3)(a) shall remain in the facility:
| (i) |
until released by the district court; or |
| (ii) |
if convicted, until sentencing. |
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| (4) |
| (a) |
If a minor is held in a detention facility under Subsection (3)(a), the district court shall:
| (i) |
advise the minor of the right to bail; and |
| (ii) |
issue a pretrial status order, as defined in Section 77-20-102, for the minor in accordance with Section 77-20-205. |
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| (5) |
| (a) |
If a minor held in a detention facility under Subsection (3)(a) attains the age of 25 years old, the minor shall:
| (i) |
be transferred within 30 days to an adult jail; and |
| (ii) |
remain in the adult jail until:
| (A) |
released by the district court; or |
| (B) |
if convicted, sentencing. |
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| (b) |
Subsection (5)(a) applies to any minor who is being held in a detention facility as described in Subsection (3)(a) on or after May 4, 2022. |
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| (6) |
If a minor is held in a detention facility under Subsection (3)(a) and the minor’s conduct or condition endangers the safety or welfare of others in the detention facility, the district court may find that the minor shall be detained in another place of confinement considered appropriate by the district court, including a jail or an adult facility for pretrial confinement. |
Amended by Chapter 135, 2022 General Session
Amended by Chapter 155, 2022 General Session
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