(1) If a prosecuting attorney charges a minor with aggravated murder under Section 76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal information in the district court if the minor was a principal actor in an offense and the criminal information alleges: (a) the minor was 16 or 17 years old at the time of the offense; and (b) the offense for which the minor is being charged is: (i) aggravated murder, as described in Section 76-5-202; or (ii) murder, as described in Section 76-5-203. (2) If the prosecuting attorney files a criminal information in the district court in accordance with Subsection (1), the district court shall try the minor as an adult, except: (a) the minor is not subject to a sentence of death in accordance with Subsection 76-3-206(2)(b); and (b) the minor is not subject to a sentence of life without parole in accordance with Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209. (3) (a) Except for a minor who is subject to the authority of the Board of Pardons and Parole, a minor charged with aggravated murder or murder under Subsection (1) shall be held in a detention facility. (b) A minor held in a detention facility under Subsection (3)(a) shall remain in the facility: (i) until released by the district court; or (ii) if convicted, until sentencing. (4) (a) If a minor is held in a detention facility under Subsection (3)(a), the district court shall: (i) advise the minor of the right to bail; and (ii) issue a pretrial status order, as defined in Section 77-20-102, for the minor in accordance with Section 77-20-205. (b) Except for Sections 77-20-202, 77-20-203, and 77-20-204, the provisions of Title 77, Chapter 20, Bail, shall apply to the release or detention of a minor being tried as an adult under this section. (5) (a) If a minor held in a detention facility under Subsection (3)(a) attains the age of 25 years old, the minor shall: (i) be transferred within 30 days to an adult jail; and (ii) remain in the adult jail until: (A) released by the district court; or (B) if convicted, sentencing. (b) Subsection (5)(a) applies to any minor who is being held in a detention facility as described in Subsection (3)(a) on or after May 4, 2022. (6) If a minor is held in a detention facility under Subsection (3)(a) and the minor's conduct or condition endangers the safety or welfare of others in the detention facility, the district court may find that the minor shall be detained in another place of confinement considered appropriate by the district court, including a jail or an adult facility for pretrial confinement.
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