§ 77-20-206 — Motion for pretrial detention -- Pretrial detention hearing -- Requirements for no bail holds.

Utah § 77-20-206

• Jurisdiction: Utah
• Title 77: Utah Code of Criminal Procedure
• Ch. 77-20: Bail
• Part 77-20-2: Preconviction Bail

Text

(1) (1)(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.
(1)(b) A prosecuting attorney shall not omit from the prosecuting attorney's motion for pretrial detention any material information that is known to the prosecuting attorney to be favorable to the individual.
(1)(c) The motion for pretrial detention may include proposed factual findings for the court to adopt.
(1)(d) 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) (2)(a) 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:
(2)(a)(i) no sooner than seven days from the day on which the defendant was arrested; and
(2)(a)(ii) no later than fourteen days from the day on which the defendant was arrested.
(2)(b) A judge who is unable to hold a detention hearing within 14 days of the date of an individual's first appearance shall make a good faith effort to identify another judge who has the ability to conduct the detention hearing within 14 days of the date of the individual's first appearance.
(3) (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.
(3)(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:
(4)(a) the judge shall give both parties the opportunity to make arguments and to present relevant evidence or information;
(4)(b) the prosecuting attorney and the defendant have a right to subpoena witnesses to testify; and
(4)(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:
(5)(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
(5)(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:
(7)(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
(7)(b) would not unnecessarily intrude on the rights of the victim or place an undue burden on the victim.

Legislative History

Amended by Chapter 526, 2025 General Session