Utah Code 80-6-505. Criminal proceedings for a minor bound over to district court

80-6-505. 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 80-6-504 , the prosecuting attorney shall try the minor as if the minor is an adult in the district court except:

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Terms Used In Utah Code 80-6-505

Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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

(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

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

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 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)

If a minor is bound over to the district court and detained in a 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 detention facility.

Amended by Chapter 155, 2022 General Session

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