(1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or justice court determines that the juvenile court has jurisdiction over the offense, the district court or justice court shall transfer the case to the juvenile court with all the papers, documents, and transcripts of any testimony. (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense that is: (A) filed in the district court in accordance with Section 80-6-502; or (B) transferred to the district court in accordance with Section 80-6-504. (ii) A justice court may decline to transfer an offense for which the justice court has original jurisdiction under Section 78A-7-106. (2) (a) Except as provided in Subsection (2)(b), the district court or justice court making the transfer shall: (i) order the individual to be taken immediately to the juvenile court or to a place of detention designated by the juvenile court; or (ii) release the individual to the custody of the individual's parent or guardian or other person legally responsible for the individual, to be brought before the juvenile court at a time designated by the juvenile court. (b) If the alleged offense under Subsection (1) occurred before the individual was 12 years old: (i) the district court or justice court making the transfer shall release the individual to the custody of the individual's parent or guardian, or other person legally responsible for the individual; (ii) the juvenile court shall treat the transfer as a referral under Section 80-6-301; and (iii) a juvenile probation officer shall make a preliminary inquiry to determine whether the individual is eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5. (c) If the case is transferred to the juvenile court under this section, the juvenile court shall then proceed in accordance with this chapter. (3) A district court or justice court does not have to transfer a case under Subsection (1) if the district court or justice court would have had jurisdiction over the case at the time the individual committed the offense in accordance with Sections 78A-5-102 and 78A-7-106.
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