Utah Code Title 77. Utah Code of Criminal Procedure § 77-20-206. Motion for pretrial detention--Pretrial detention hearing

(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).

(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.

(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.

(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.

(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.