Posted: November 19, 2019
Rules of Juvenile Procedure – Comment Period Closed January 3, 2020
URJP009. Detention hearings; scheduling; hearing procedures. Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113. The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention. Requires a court determination of grounds for admission within 24 hours including weekends and holidays. Deletes the Advisory Committee Note. [Note: The Advisory Committee is continuing its discussion on whether the appropriate standard in the rule should be reasonable basis, reasonable grounds or probable cause and may address this question in a separate rule revision at a later date.]
At lines 21-22, in order to differentiate between the analysis the court would undertake within 24 hours of detention regarding whether there is a reasonable basis for admission to detention and the analysis the court would undertake at the detention hearing, I would suggest the following amendment:
“The court shall hold a detention hearing within 48 hours of the minor’s admission to detention to determine whether the minor should remain in detention.”