Motion for pretrial detention -- Pretrial detention hearing.
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(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.
(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.