80-6-605. Extension of juvenile court jurisdiction -- Procedure.
(1) At the time that a prosecuting attorney files a petition under Section, or a criminal information under Section, for a felony offense alleged to have been committed by a minor who is 14 years old or older, either party may file a motion to extend the juvenile court's continuing jurisdiction over the minor's case until the minor is 25 years old if: 80-6-305 80-6-503 the minor was the principal actor in the offense; and the petition or information alleges a felony violation of: Section, aggravated assault resulting in serious bodily injury to another; 76-5-103 Section, aggravated murder or attempted aggravated murder; 76-5-202 Section, murder or attempted murder; 76-5-203 Section, aggravated kidnapping; 76-5-302 Section, aggravated sexual assault; 76-5-405 Section, aggravated arson; 76-6-103 Section, aggravated burglary; 76-6-203 Section, aggravated robbery; 76-6-302 Section, felony discharge of a firearm; or 76-11-210 an offense other than the offenses listed in Subsectionsthroughinvolving the use of a dangerous weapon that would be a felony if committed by an adult; and (1)(b)(i) (ix) the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon that would have been a felony if committed by an adult.
(2) Notwithstanding Subsection, either party may file a motion to extend the juvenile court's continuing jurisdiction after a determination by the juvenile court that the minor will not be bound over to the district court under Section. (1) 80-6-504
(3) The juvenile court shall make a determination on a motion under Subsectionorat the time of disposition. (1) (2)
(4) The juvenile court shall extend the continuing jurisdiction over the minor's case until the minor is 25 years old if the juvenile court finds, by a preponderance of the evidence, that extending continuing jurisdiction is in the best interest of the minor and the public.
(5) In considering whether it is in the best interest of the minor and the public for the court to extend jurisdiction over the minor's case until the minor is 25 years old, the juvenile court shall consider and base the juvenile court's decision on: whether the protection of the community requires an extension of jurisdiction beyond the age of 21; the extent to which the minor's actions in the offense were committed in an aggressive, violent, premeditated, or willful manner; the minor's mental, physical, educational, trauma, and social history; and the criminal record and previous history of the minor.
(6) The amount of weight that each factor in Subsectionis given is in the juvenile court's discretion. (5)
(7) The juvenile court may consider written reports and other materials relating to the minor's mental, physical, educational, trauma, and social history. Upon request by the minor, the minor's parent, guardian, or other interested party, the juvenile court shall require the person preparing the report or other material to appear and be subject to both direct and cross-examination.
(8) A minor may testify under oath, call witnesses, cross-examine witnesses, and present evidence on the factors described in Subsection. (5)