(A) At the commitment hearing by the court of inquiry, the judicial officer shall perform the following duties:
(1) Explain the probable cause purpose of the hearing; (2) Repeat to the accused the rights explained at the first appearance; (3) Determine whether the accused intends to plead “guilty,” or “not guilty,” or waives the commitment hearing; (4) If the accused intends to plead guilty or waives the hearing, the court shall immediately bind the entire case over to the court having jurisdiction of the most serious offense charged; (5) If the accused pleads “not guilty” the court shall immediately proceed to conduct the commitment evidentiary hearing unless, for good cause shown, the hearing is continued to a later scheduled date; (6) Cause an accurate record to be made of the testimony and proceeding by any reliable method. (7) The judicial officer shall bind the entire case over to the court having jurisdiction of the most serious offense for which probable cause has been shown by sufficient evidence and dismiss any charge for which probable cause has not been shown. (8) On each case which is bound over, a memorandum of the commitment shall be entered on the warrant by the judicial officer. The warrant, bail bond, and all other papers pertaining to the case shall be forwarded to the clerk of the appropriate court having jurisdiction over the offense for delivery to the district attorney, Each bail bond shall contain the full name, telephone number, residence, business and mailing address(es) of the accused and any surety. (9) A copy of the record of any testimony and the proceedings of the first appearance and the commitment hearing shall be provided to the proper prosecuting officer and to the accused upon payment of the reasonable cost for preparation of the record. (10) A judicial officer, conducting a commitment hearing, is without jurisdiction to make final disposition of the case or cases at the hearing by imposing any fine or punishment, except where the only charge arising out of the transaction at issue is the violation of a county ordinance. (B) At the commitment hearing, the following procedures shall be utilized:
(1) The rules of evidence shall apply except that hearsay may be allowed; (2) The prosecuting entity shall have the burden of proving probable cause; and may be represented by a law enforcement officer, a district attorney, a solicitor, a private attorney or otherwise as is customary in that court; (3) The accused may be represented by an attorney or may appear pro se; and, (4) The accused shall be permitted to introduce evidence.
