THE COURTS

CLINTON COUNTY

Rule 301(A) Diversionary Programs Cyber Harassment of Child and Transmission of Sexually Explicit Images by Minor; No. AD-1188-2017

[47 Pa.B. 7020]
[Saturday, November 18, 2017]

Amended Administrative Order of Court

 And Now, this 31st day of October, 2017, the Court hereby adopts the following Rule of Court of Common Pleas of Clinton County, Criminal Court Division, effective thirty (30) days after the publication of same in the Pennsylvania Bulletin.

 The Clinton County Court Administrator is Ordered and Directed to do the following:

 1. File one (1) copy of this Order and Rule with the Administrative Office of the Pennsylvania Courts via email to adminrules@pacourts.us.

 2. File with the Legislative Bureau for publication in The Pennsylvania Bulletin.

 3. Publish a copy of the local rule on the Clinton County Court website.

 4. Incorporate the local rule into the set of local rules on www.clintoncountypa.com within thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

CRAIG P. MILLER, 
President Judge

Rule 301(A). Diversionary Programs Cyber Harassment of Child and Transmission of Sexually Explicit Images by Minor.

 A(1) Pursuant to 18 Pa.C.S. § 2709(a.1)(2) any juvenile charged with a violation of 18 Pa.C.S. § 2709(a.1)(1) graded as summary offense may be placed into a diversionary program as described in subsection (4) below.

 (2) Any juvenile charged with a violation of 18 Pa.C.S. § 2709(a)(1), (2), (3), (4), (5), (6), or (7) or (a.1) graded as misdemeanor of the third degree or higher, the Court may place the juvenile into a diversionary program pursuant to Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or Pa.R.J.C.P. No. 370 (relating to Consent Decree).

 (3) If a juvenile is placed into a diversionary program for a summary offense and violates the requirements of said diversionary program, the juvenile shall be certified to the Office of Juvenile Probation which shall initially consider a recommendation to the Court to process the juvenile pursuant to Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or Pa.R.J.C.P. No. 370 (relating to Consent Decree).

 (4) All diversionary programs utilized for an offense under 18 Pa.C.S. § 2709 will be:

 (a) administered by the Office of Juvenile Probation; and

 (b) shall include the legal and non-legal consequences of cyber harassment.

 (5) If a juvenile completes the diversionary program, the Office of Juvenile Probation shall forward to the Court appropriate documents to expunge the record of the Juvenile.

 B(1) Pursuant to 18 Pa.C.S. § 6321(f) any juvenile charged with a violation of 18 Pa.C.S. § 6321 graded as a summary offense may be placed into a diversionary program as described in subsection (4) below.

 (2) Pursuant to 18 Pa.C.S. § 6321(f) any juvenile charged with a violation of 18 Pa.C.S. § 6321 graded as a misdemeanor of the third degree or higher, the Court may place the juvenile into a diversionary program pursuant to Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or Pa.R.J.C.P. No. 370 (relating to Consent Decree).

 (3) If a juvenile is placed into a diversionary program for a summary offense and violates the requirements of said diversionary program, the juvenile shall be certified to the Office of Juvenile Probation which shall initially consider a recommendation to the Court to process the juvenile pursuant to Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or Pa.R.J.C.P. No. 370 (relating to Consent Decree).

 (4) All diversionary programs utilized for an offense under 18 Pa.C.S. § 6321 will be:

 (1) administered by the Office of Juvenile Probation; and

 (2) shall include the legal and non-legal consequences of sharing sexually explicit images.

 (5) If a juvenile completes the diversionary program, the Office of Juvenile Probation shall forward to the Court appropriate documents to issue an Order to expunge the record of the juvenile.

 C Magisterial District Judges shall use the attached form when referring any juvenile to Office of Juvenile Probation for participation in the above described diversionary programs.

REFERRAL FORM FOR DIVERSIONARY PROGRAM

REFERRED TO: Office of Juvenile Probation

SECTION I (to be completed by referral source)

Referral Source:	Magisterial District Judge _________________
Referral Date:	___________________________
Referral Individual's Name	___________________________
Address:	___________________________
	___________________________
Telephone #:	___________________________
Birth Date:	___________________________
Violation and Date:	___________________________
Arresting Police Dept.:	___________________________
Referral Comments (Optional):	___________________________
Referred Individual's Signature:	___________________________

******************************************************************************

SECTION II (to be completed by Office of Juvenile Probation)

 The above named individual has completed all criteria.

 _________________     _________________
                        DATE

 The above named individual has not completed all criteria. Areas of non-compliance are:

 _____________________________________
 _____________________________________
 _____________________________________

 _________________     _________________
                        DATE

 COMMENTS:

 _____________________________________
 _____________________________________
 _____________________________________

[Pa.B. Doc. No. 17-1870. Filed for public inspection November 17, 2017, 9:00 a.m.]

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