[33 Pa.B. 1581]
[Continued from previous Web Page]
CHAPTER 2. COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, AND PRE-ADJUDICATORY DETENTION
PART A. COMMENCING PROCEEDINGS
Rule 200. Commencing Proceedings.
PART B. ARREST PROCEDURES IN DELINQUENCY CASES
(a) Arrest Warrants
210. Arrest Warrants.
211. Requirements for Issuance.
212. Duplicate and Alias Warrants of Arrest.
213. Execution of Arrest Warrant.
(b) Arrests Without Warrant
220. Procedure in Cases Commenced by Arrest Without Warrant. 221. Temporary Detention Following Arrest.
PART C. WRITTEN ALLEGATION PROCEDURES
231. Written Allegations.
232. Contents of Written Allegation.
233. Approval of Private Written Allegation.
PART D. PRE-ADJUDICATORY DETENTION
240. Detention of Juvenile.
241. Notice of Detention Hearing.
242. Detention Hearing.
243. Detention Rehearings.
PART A. COMMENCING PROCEEDINGS Rule 200. Commencing Proceedings.
Juvenile delinquency proceedings within a judicial district shall be commenced by:
1) submitting a written allegation pursuant to Rule 231;
2) an arrest without a warrant:
a) when the offense is a felony or misdemeanor committed in the presence of the police officer making the arrest; or
b) upon probable cause when the offense is a felony; or
c) upon probable cause when the offense is a misdemeanor not committed in the presence of the police officer making the arrest, when such arrest without a warrant is specifically authorized by statute;
3) transfer of a case from a criminal proceeding pursuant to 42 Pa.C.S. § 6322;
4) the court accepting jurisdiction of a resident juvenile from another state; or
5) the court accepting supervision of another state's order.
Comment Paragraph (1) allows for commencing delinquency proceedings by submitting a written allegation. Probation officers may ''receive and examine complaints and charges of delinquency . . . of a child for the purpose of considering the commencement of proceedings.'' 42 Pa.C.S. § 6304(a)(2).
See Rule 231 for procedures on submitting a written allegation.
For the definition of a ''written allegation,'' see Rule 110.
The Juvenile Act provides that ''a child may be taken into custody . . . pursuant to the laws of arrest.'' 42 Pa.C.S. § 6324. Paragraph (2) states the laws of arrest without a warrant in Pennsylvania. See Pa.R.Crim.P. 502.
Paragraph (4) encompasses a juvenile who lives in Pennsylvania and commits a crime in another state and that state wants Pennsylvania to accept the disposition of the juvenile and supervise the juvenile.
Paragraph (5) encompasses a juvenile who lives outside of Pennsylvania, committed a crime outside of Pennsylvania, is moving to Pennsylvania, and the other jurisdiction would like Pennsylvania to accept the disposition of the juvenile and supervise the juvenile.
For procedures for when the juvenile is alleged to have violated probation, see Rule 612.
For inter-county transfer of juveniles, see Rule 302.
See § 6321(a) of the Juvenile Act for commencement of proceedings under the Juvenile Act. 42 Pa.C.S. § 6321(a).
PART B. ARREST PROCEDURES IN DELINQUENCY CASES
(a) Arrest Warrants Rule 210. Arrest Warrants.
A. Application. An application for an arrest warrant shall be made by filing a written allegation supported by a probable cause affidavit with the president judge or any issuing authority designated by the president judge of each judicial district. The president judge shall ensure twenty-four hour availability of a designated issuing authority.
B. Arrest procedures. When a juvenile is arrested pursuant to a warrant, the case shall proceed in the same manner as a warrantless arrest pursuant to Rule 220.
Comment For the contents of a written allegation, see Rule 232. For the requirements of the issuance of an arrest warrant, see Rule 211.
Before issuing an arrest warrant, the issuing authority may inquire as to whether other reasonable remedies available through the Juvenile Act have been considered.
Under paragraph (A), the president judge of each judicial district may designate a juvenile court judge, another common pleas judge, or another issuing authority to receive applications for arrest warrants. The president judge also must designate an issuing authority to receive applications after normal business hours and on holidays. For the definition of ''issuing authority,'' see Rule 110.
In addition to paragraph (A), the police officer is to submit a copy of the written allegation to the juvenile probation office or to the attorney for the Commonwealth. See Rule 231(A)(2).
Rule 211. Requirements for Issuance.
A. Probable Cause. No arrest warrants shall be issued but upon probable cause, supported by one or more affidavits sworn to before the issuing authority. The issuing authority, in determining whether probable cause has been established, may not consider any evidence outside the affidavits.
B. Evidence. At any hearing on a motion challenging an arrest warrant, no evidence shall be admissible to establish probable cause for the arrest warrant, other than the affidavits provided for in paragraph (A).
Comment This rule does not preclude oral testimony before the issuing authority, but it requires that such testimony be reduced to an affidavit prior to the issuance of a warrant. All affidavits in support of an application for an arrest warrant should be sworn to before the issuing authority prior to the issuance of the warrant.
This rule carries over to the arrest warrant, the requirement that the evidence presented to the issuing authority be reduced to writing and sworn to, and that only the writing is subsequently admissible to establish that there was probable cause. In these respects, the procedure is similar to that applicable to search warrants. See Pa.R.Crim.P. 203.
For a discussion of the requirements of probable cause for the issuance of an arrest warrant, see Commonwealth v. Flowers, 369 A.2d 362 (Pa. Super. Ct. 1976).
The affidavit requirements of this rule are not intended to apply when an arrest warrant is to be issued for noncompliance with a citation, with a summons, or with a court order.
Rule 212. Duplicate and Alias Warrants of Arrest.
A. Duplicates. When a warrant of arrest has been issued and it appears necessary or desirable to issue duplicates for execution, the issuing authority may issue any number of duplicates. Each duplicate shall have the same force and effect as the original. Costs may be assessed only for one such warrant and only one service fee may be charged.
B. Alias. After service and execution of an original or duplicate warrant, an alias warrant may be issued if the purpose for which the original or duplicate has been issued has not been accomplished.
Rule 213. Execution of Arrest Warrant.
A. A warrant of arrest may be executed at any place within the Commonwealth.
B. A police officer shall execute a warrant of arrest.
Comment For the definition of ''police officer,'' see Rule 110.
(b) Arrests Without Warrant Rule 220. Procedure in Cases Commenced by Arrest Without Warrant.
The person arresting a juvenile, with all reasonable speed and without first taking the juvenile elsewhere, shall notify the guardian of the arrest of the juvenile, the reason for the arrest, and the juvenile's whereabouts, and promptly shall either:
1) release the juvenile to his or her guardian upon the guardian's promise to bring the juvenile before the court when requested by the court, unless detention of the juvenile is warranted; or
2) deliver the juvenile before the court or to a detention facility designated by the court; or
3) deliver the juvenile to a medical facility if the juvenile is believed to be suffering from a serious physical condition or illness that requires prompt treatment.
In all cases, the police officer promptly shall submit the written allegation, as required by Rule 231(A)(2).
Comment The release of the juvenile does not eliminate the requirement of submission of a written allegation. For the general procedures governing written allegations, see Chapter 2, Part (C).
See 42 Pa.C.S. § 6326.
Rule 221. Temporary Detention Following Arrest.
A. Secure detention. A juvenile under arrest may be held securely in a municipal police lock-up or other facility that houses an adult lock-up only under the following conditions:
1) the secure holding shall only be for the purpose of identification, investigation, processing, releasing or transferring the juvenile to a guardian, juvenile court, or detention facility;
2) the secure holding shall be limited to the minimum time necessary to complete the procedures listed in paragraph (A)(1), but in no case may such holding exceed six hours; and
3) if so held, the juvenile must be separated by sight and sound from incarcerated adult offenders and must be under the continuous visual supervision of law enforcement officials or facility staff.
A juvenile shall be deemed to be held securely only when physically detained, confined in a locked room or cell, or when secured to a cuffing rail or other stationary object within the facility.
B. Non-secure detention. Notwithstanding other provisions of law, a juvenile may be held in non-secure custody in a building or facility that houses an adult lock-up only under the following conditions:
1) the area where the juvenile is held is an unlocked multi-purpose area that is not designated or used as a secure detention area or is not part of a secure detention area; or, if the area is a secure booking or similar area, it is used only for processing purposes;
2) the juvenile is not physically secured to a cuffing rail or other stationary object during the period of custody in the facility;
3) the area is limited to providing non-secure custody only long enough for the purposes of identification, investigation, processing or release to guardians or for arranging transfer to another agency or appropriate facility; and
4) the juvenile must be under continuous visual supervision by a law enforcement officer or other facility staff during the period of non-secure custody.
Comment This rule reflects certain provisions of § 6326 of the Juvenile Act. 42 Pa.C.S. § 6326.
PART C. WRITTEN ALLEGATION PROCEDURES Rule 231. Written Allegation.
A. Submission. In every delinquency case, the law enforcement officer shall submit a written allegation to the juvenile probation office.
1) Juvenile not under arrest. When a juvenile is not under arrest, a written allegation shall be submitted to the juvenile probation office and a copy shall be forwarded to the attorney for the Commonwealth's office unless the District Attorney elects to require initial receipt and approval of the written allegation under paragraph (B).
2) Juvenile under arrest. When a juvenile is under arrest, a written allegation shall be submitted promptly to the court or detention facility, and copies shall be immediately forwarded to the juvenile probation office and the attorney for the Commonwealth's office unless the District Attorney elects to require initial receipt and approval of the written allegation under paragraph (B).
B. Approval by the District Attorney. The District Attorney of any county may require initial receipt and approval of written allegations by an attorney for the Commonwealth before a delinquency proceeding is commenced.
1) Certification. If the District Attorney elects to require initial receipt and approval of written allegations in his or her county, the District Attorney shall file a certification with the court of common pleas. The certification shall specifically state the classes, grading, or types of cases that the police officer shall submit to the attorney for the Commonwealth's office.
2) Timeliness. All written allegations shall be approved or disapproved without unreasonable delay. An attorney for the Commonwealth shall be available at all times for this purpose.
C. Procedures Following the Attorney for the Commonwealth's Approval.
1) Juvenile not under arrest. If a juvenile is not under arrest and an attorney for the Commonwealth approves the written allegation, notice of the approval and a copy of the written allegation shall be forwarded immediately to the juvenile probation office.
2) Juvenile under arrest. If a juvenile is under arrest, the written allegation shall be submitted to the attorney for the Commonwealth and approved prior to taking the juvenile to a detention facility. The attorney for the Commonwealth shall ensure the compliance of the time requirements of Rule 221(A). If the written allegation is approved, it shall be submitted promptly to the court or detention facility. A copy of the notice of the approval and the written allegation shall be forwarded to the juvenile probation office.
D. Attorney for the Commonwealth's Disapproval. If the written allegation has been disapproved for prosecution, it shall nevertheless be transmitted to the juvenile probation office with notice of the disapproval. If the juvenile is in custody, the juvenile shall be released immediately.
Comment See Rules 210 (Arrest Warrants) and 220 (Procedures in Cases Commenced by Arrest Without Warrant) for the procedures on submitting written allegations for arrests.
Under paragraphs (A)(2) and (C)(2), the police officer must submit the written allegation promptly to the intake staff at the court or the detention facility. The facility should not accept a juvenile for detention if a written allegation is not sent with the juvenile.
Under paragraph (B), the District Attorney decides whether an attorney for the Commonwealth receives initial receipt and approval of written allegations. Once the District Attorney has filed a certification with the court under paragraph (B)(1), any attorney for the Commonwealth may receive and approve written allegations as specified in the certification by the District Attorney.
Under paragraph (D), a juvenile should be released from custody unless there are other legally sufficient bases for detaining the juvenile, such as, violation of probation or other pending charges.
Rule 232. Contents of Written Allegation.
Every written allegation shall contain:
1) the name of the person making the allegations;
2) the name, date of birth, and resident address, if known, of the juvenile, or if unknown, a description of the juvenile;
3) a statement that:
a) it is in the best interest of the juvenile and the public that the proceedings be brought; and
b) the juvenile is in need of treatment, supervision, or rehabilitation;
4) the date when the offense is alleged to have been committed; provided, however:
a) if the specific date is unknown, or if the offense is a continuing one, it shall be sufficient to state that it was committed on or about any date within the period of limitations; and
b) if the date or day of the week is an essential element of the offense charged, such date or day shall be specifically set forth;
5) the place where the offense is alleged to have been committed;
6) a) a summary of the facts sufficient to advise the juvenile of the nature of the offense charged;
b) the official or customary citation of the statute and section thereof, or other provision of law which the juvenile is alleged to have violated, but an error in such citation shall not affect the validity or sufficiency of the written allegation; and
c) the name of any conspirators, if known;
7) a statement that the acts were against the peace and dignity of the Commonwealth of Pennsylvania or in violation of an ordinance of a political subdivision;
8) a notation if criminal laboratory services are requested in the case;
9) a verification by the person making the allegation that the facts set forth in the written allegation are true and correct to the person's personal knowledge, information, or belief, and that any false statement made therein are subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities; and
10) the signature of the person making the allegation and the date of execution of the written allegation.
Comment This rule sets forth the required contents of all written allegations whether the person making the allegation is a law enforcement officer, a police officer, or a private citizen.
Rule 233. Approval of Private Written Allegations.
A. Submission of written allegation. When the person making the allegation is not a law enforcement officer, the written allegation shall be submitted to the juvenile probation officer for approval, unless the District Attorney has elected to require initial receipt and approval under Rule 231(B). The juvenile probation officer or the attorney for the Commonwealth shall approve or disapprove the written allegation without unreasonable delay.
B. Requirements.
1) Approval. If the private written allegation is approved, the case shall proceed as any other written allegation under Rule 231(C) and (D).
2) Disapproval. If the written allegation is disapproved, the attorney for the Commonwealth or the juvenile probation officer shall state the reasons on the written allegation form and return it to the person making the allegation. The person making the allegation may file a motion for review of the disapproval by the court.
Comment For the contents of a written allegation, see Rule 231.
In all cases where the affiant is not a law enforcement officer, the written allegation should be submitted for approval or disapproval by the juvenile probation officer or the attorney for the Commonwealth. Once the allegation is approved, the case should proceed as any other written allegation would proceed. See Rule 231.
When the person filing a document alleging a juvenile committed a delinquent act is a private citizen, they should follow the same process and proceedings as probation officers and law enforcement officers. Private citizens are not to be afforded additional rights when it comes to adjudicating a juvenile delinquent. The purpose of the Juvenile Act, 42 Pa.C.S. § 6334, is achieved by providing an avenue for the private citizen to commence a delinquency proceeding by submitting a written allegation. If the written allegation is disapproved, the private citizen has the right to appeal the case by motion to the court of common pleas. If the court of common pleas overturns the decision of the attorney for the Commonwealth or the juvenile probation officer, the court should direct the attorney for the Commonwealth or juvenile probation officer to approve the written allegation and proceed with the case in the same manner as any other case. This procedure ensures informal court action in not precluded, such as, informal adjustment. Once a petition is filed, informal adjustment is not allowed. See Comment to Rule 312.
For motions and service, see Rules 344 and 345.
PART D. PRE-ADJUDICATORY DETENTION Rule 240. Detention of Juvenile.
A. Detention requirements. If a juvenile is brought before the court or delivered to a detention facility designated by the court, the juvenile probation officer immediately shall:
1) examine the written allegation;
2) make an investigation, which may include an intake conference with the juvenile, the juvenile's attorney, guardian, or other interested and informed adult; and
3) release the juvenile, unless it appears that the juvenile's detention is warranted.
B. Filing of petition. The release of the juvenile shall not prevent the subsequent filing of a petition.
C. Prompt hearing. If the juvenile is not released, a detention hearing shall be held no later than seventy-two hours after the juvenile is placed in detention.
D. Time restrictions. Except as provided in paragraphs (D)(1) and (D)(2), if the adjudicatory hearing is not held or notice of intent to transfer is not submitted within the ten-day period as specified in Rules 391 and 404, the juvenile shall be released.
1) A juvenile may be detained for an additional single period not to exceed ten days when the court determines that:
a) evidence material to the case is unavailable;
b) due diligence to obtain such evidence has been exercised;
c) there are reasonable grounds to believe that such evidence will be available at a later date; and
d) the detention of the juvenile would be warranted.
2) A juvenile may be detained for successive ten-day intervals if the result of delay is caused by the juvenile. The court shall state on the record if failure to hold the hearing resulted from delay caused by the juvenile. Delay caused by the juvenile shall include, but not be limited to:
a) delay caused by the unavailability of the juvenile or the juvenile's attorney;
b) delay caused by any continuance granted at the request of the juvenile or the juvenile's attorney; or
c) delay caused by the unavailability of a witness resulting from conduct by or on behalf of the juvenile.
Comment If a juvenile is detained, the guardian should be notified immediately. See Rules 220 (Procedures in Cases Commenced by Arrest Without Warrant) and 313(B) (Taking into Custody from Intake) for notification of the guardian.
Under paragraph (D), if the juvenile causes delay, the juvenile may continue to be held in detention. The additional period of detention should not exceed ten days. The court may continue such detention for successive ten-day intervals. The time restrictions of paragraph (D) apply to a juvenile who is placed in detention, even if previously released.
For time restrictions on detention for juveniles scheduled for a transfer hearing to criminal proceedings, see Rule 391.
For statutory provisions on detention, see 42 Pa.C.S. §§ 6325, 6335. For the Juvenile Court Judges Commission's Detention Standards, see 37 Pa. Code § 200.101 et seq. (2003).
Rule 241. Notice of Detention Hearing.
Notice of the detention hearing, including date, time, place, and purpose, shall be given to:
1) the juvenile;
2) the juvenile's guardian;
3) the juvenile's attorney;
4) the juvenile probation officer;
5) the attorney for the Commonwealth; and
6) any other parties necessary for the detention hearing.
Comment Notice should be as timely as possible. Because there is a seventy-two hour time restriction, notice may be oral. Every possible attempt should be made to notify all interested persons.
If a guardian has not been notified, a rehearing must be ordered under Rule 243 upon submission of an affidavit by the guardian.
Rule 242. Detention Hearing.
A. Informing juvenile of rights. Upon commencement of the hearing, the court shall inform the juvenile of:
1) the nature of the delinquency allegations;
2) the right to counsel and to assigned counsel; and
3) the right to remain silent with respect to any allegation of delinquency.
B. Manner of hearing.
1) Conduct. The hearing shall be conducted in an informal but orderly manner.
2) Recording. If requested by the juvenile or the Commonwealth, or if ordered by the court, the hearing shall be recorded by appropriate means. If not so recorded, full minutes of the hearing shall be kept.
3) Testimony and evidence. All evidence helpful in determining the questions presented, including oral or written reports, may be received by the court and relied upon to the extent of its probative value even though not competent in the hearing on the petition. The juvenile's attorney, the juvenile, if unrepresented, and the attorney for the Commonwealth shall be afforded an opportunity to examine and controvert written reports so received.
4) The juvenile shall be present at the detention hearing and the juvenile's attorney or the juvenile, if unrepresented, may:
a) cross-examine witnesses offered against the juvenile; and
b) offer evidence or witnesses, if any, pertinent to the probable cause or detention determination.
C. Findings. The court shall determine whether:
1) there is probable cause that a delinquent act was committed by the juvenile; and
2) detention of the juvenile is warranted.
D. Filing of petition. If a juvenile remains detained after the hearing, a petition shall be filed with the clerk of courts within twenty-four hours or the next court business day.
Comment A detention hearing consists of two stages. The first stage of a detention hearing is a probable cause hearing. If probable cause is not found, the juvenile must be released. If probable cause is found, then the court is to proceed to the second stage.
The second stage of a detention hearing is a detention determination hearing. The court should hear pertinent evidence from all parties concerning the detention status of the juvenile, review and consider all alternatives to secure detention, and determine if the detention of the juvenile is warranted.
The procedures of paragraph (D) deviate from the procedures of the Juvenile Act. See 42 Pa.C.S. § 6331. Under paragraph (D), a petition does not have to be filed within twenty-four hours of the juvenile's detention; rather, the petition should be filed within twenty-four hours of the conclusion of the detention hearing if the juvenile is detained. If the juvenile is not detained, a petition may be filed at any time prior to the adjudicatory hearing. However, the juvenile's attorney should have sufficient notice of the charges prior to the adjudicatory hearing to prepare for the defense of the juvenile. See Rule 363 for time of service. See Rule 331 for service of the petition. See Rule 330 for petition requirements.
See 42 Pa.C.S. §§ 6332, 6336, and 6338 for the statutory provisions concerning informal hearings and other basic rights.
Rule 243. Detention Rehearings.
A. Mandatory Rehearing. If the guardian submits an affidavit to the juvenile probation officer alleging that the guardian was not notified of the detention hearing and that the guardian did not appear or waive appearance at the detention hearing, a rehearing shall be held within seventy-two hours of the submission of the affidavit.
B. Discretionary Rehearing. Upon request of the juvenile's attorney, the juvenile, if unrepresented, or the attorney for the Commonwealth, or on its own motion, the court may grant a rehearing within its discretion.
C. Forum. The judge, who heard the original detention hearing or adopted the findings of the master, shall hold the rehearing, unless the judge assigns the case to the master.
Comment Under paragraph (A), upon receiving an affidavit, the juvenile probation officer must schedule a rehearing, forward the affidavit to the proper person to schedule a rehearing, or submit the affidavit to the court for rescheduling.
Under paragraph (C), only a judge may hold a rehearing, unless the judge orders the master to hear the case.
CHAPTER 3. PRE-ADJUDICATORY PROCEDURES
PART A. VENUE AND JURISDICTION
Rule 300. Venue.
302. Inter-County Transfer.
PART B. INTAKE AND INFORMAL ADJUSTMENT
310. Pre-Intake Duties, Scheduling, and Notice.
311. Intake Conference.
312. Informal Adjustment.
313. Detention from Intake.
PART C. PETITION
330. Petition: Filing, Contents, Function.
331. Service of Petition.
332. Multiple Offenses in Petition.
333. Separate Petitions.
334. Amendment of Petition. 335. Withdrawal of Petition.
336. Re-filing of the Petition After Withdrawal or Dismissal.
PART D. PROCEDURES FOLLOWING FILING OF PETITION
340. Pre-Adjudicatory Discovery and Inspection.
341. Notice of Alibi Defense.
PART D(1). MOTION PROCEDURES
344. Motions and Answers.
345. Filing and Service. 346. Omnibus Motion for Relief.
347. Time for Omnibus Motion and Service.
348. Disposition of Omnibus Motions.
350. Suppression of Evidence.
351. Adjudicatory Hearing on Separate Petitions.
352. Separate Adjudicatory Hearings for Offenses or Juveniles. 353. Motion for Return of Property.
PART D(2). ADJUDICATORY SUMMONS AND NOTICES PROCEDURES
360. Summons and Notices.
362. Requirements of the Summons.
363. Service of Summons and Notices.
364. Failure to Appear on the Summons.
PART E. CONSENT DECREE
370. Consent Decree.
371. Objection to Consent Decree. 372. Consent Decree Hearing.
373. Conditions of Consent Decree.
PART F. PRESERVATION OF TESTIMONY AND EVIDENCE
380. Preservation of Testimony After Commencement of Proceedings. 381. Preservation of Testimony by Video Recording.
384. (Reserved).
PART G. TRANSFER FOR CRIMINAL PROSECUTION
390. Notice of Request for Transfer to Criminal Proceedings. 391. Time Restrictions for Detention of Juveniles Scheduled for Transfer Hearing. 394. Transfer Hearing.
395. Procedure to Initiate Criminal Information.
396. Bail.
PART A. VENUE AND JURISDICTION Rule 300. Venue.
A. Generally. A delinquency proceeding shall be commenced in:
1) the county where the allegation occurred; or
2) the juvenile's residential county.
B. Change of venue. The juvenile may file a motion for change of venue if there is a hardship on the juvenile. The court shall decide the motion.
Rule 302. Inter-County Transfer.
A. Supervision. The court may transfer supervision of the juvenile to the juvenile's residential county after a:
1) consent decree is entered; or
2) dispositional order is entered.
B. Disposition. After an adjudication of delinquency, the court may transfer the case for disposition to the juvenile's residential county.
C. Transmission of juvenile case file. If the case is transferred under paragraph (A) or (B), the transferring court shall order transfer of certified copies of all documents, reports, and summaries in the juvenile's case file.
Comment The purpose of allowing transfer of disposition and supervision of the juvenile to the juvenile's residential county is to allow probation to closely supervise the juvenile. Supervision is difficult if the juvenile lives in another county.
This rule also may apply if the juvenile moves to a different county in this Commonwealth at some stage in the proceedings.
When the dispositional hearing is being transferred under paragraph (B), the transferring court should enter a finding of the amount of restitution owed and to whom it should be paid, if ordered.
PART B. INTAKE AND INFORMAL ADJUSTMENT Rule 310. Pre-Intake Duties, Scheduling, and Notice.
A. Juvenile probation officer duties. After a written allegation is submitted, the juvenile probation officer shall gather pertinent information to determine whether:
1) the allegations are within the jurisdiction of the juvenile court; and
2) it is appropriate to schedule an intake conference.
B. Scheduling. Intake conferences shall be scheduled within a reasonable time after submission of the written allegation.
C. Notice. The juvenile probation officer shall make all reasonable efforts to provide actual notice of the intake conference to the juvenile and the juvenile's guardian.
Comment If the juvenile probation officer has exhausted all methods of communication with the juvenile's guardian, the probation officer may proceed with the intake conference without the presence of the guardian. If the juvenile is detained at the intake conference without the presence of a guardian, the probation officer must immediately notify the guardian of the detention of the juvenile. See Rule 313(B).
Rule 311. Intake Conference.
A. The juvenile probation officer may conduct an intake conference to determine what further action, if any, should be taken.
B. Before proceeding with an intake conference, the juvenile probation officer shall:
1) provide a copy of the written allegation to the juvenile and the juvenile's guardian, if present; and
2) inform the juvenile and the juvenile's guardian, if present, of the juvenile's rights.
C. The juvenile probation officer shall provide the attorney for the Commonwealth with notice of the decision at the intake conference. Within a reasonable time of receiving the notice, the attorney for the Commonwealth may file a motion requesting review by the court of the juvenile probation officer's action. The court shall conduct a hearing on the motion.
Comment Under paragraph (A), in making a decision, the juvenile probation officer should balance the interests of the victim and protection of the community, imposition of accountability on the juvenile for offenses committed, and the development of competencies for the juvenile. See 42 Pa.C.S. § 6301. The juvenile probation officer should consult with the victim, the juvenile, and the juvenile's guardian to determine how the case should be handled. See Victim's Bill of Rights, 18 P. S. § 11.201 et seq.
For the statutory procedures concerning statements made by the juvenile, see 42 Pa.C.S. § 6323(e).
Rule 312. Informal Adjustment.
A. Participation. At any time prior to the filing of a petition, the juvenile probation officer may informally adjust the allegation(s) if it appears:
1) an adjudication would not be in the best interest of the public and the juvenile;
2) the juvenile and the juvenile's guardian consent to informal adjustment with knowledge that consent is not obligatory; and
3) the admitted facts bring the case within the jurisdiction of the court.
B. Completion.
1) If the juvenile successfully completes the informal adjustment, the case shall be dismissed and prosecution is barred.
2) If the juvenile does not successfully complete the informal adjustment, a petition shall be filed.
Comment Informal adjustments may not occur after the filing of a petition. Commonwealth v. J.H.B., 760 A.2d 27 (Pa. Super. Ct. 2000). See 42 Pa.C.S. § 6323(a).
The juvenile probation officer may give ''counsel and advice'' as to the informal adjustment. See 42 Pa.C.S. § 6323(b). ''Counsel and advice'' may include referral to a social service agency or other conditions as agreed to by the juvenile probation officer and the juvenile.
A juvenile's participation in an informal adjustment may not exceed six months, unless extended by order of the court for an additional period not to exceed three months. See 42 Pa.C.S. § 6323(c). Any incriminating statements made by the juvenile to the juvenile probation officer and in the discussions or conferences incident thereto are not to be used against the juvenile over objection in any criminal proceeding or hearing under the Juvenile Act. See 42 Pa.C.S. § 6323(e).
If a petition is filed because the juvenile has not successfully completed the requirements of an informal adjustment, the procedures of Rule 330 should be followed.
Rule 313. Detention from Intake.
A. Detention. If it is determined at an intake conference that a juvenile should be detained, the matter shall proceed pursuant to Rule 240.
B. Notice to Guardian. If a guardian is not present at the intake conference, the probation officer immediately shall notify the guardian of the juvenile's detention.
Comment The provision concerning notification of a guardian in Rule 220 is to be followed.
PART C. PETITION Rule 330. Petition: Filing, Contents, Function.
A. Certification. The District Attorney of any county may require that an attorney for the Commonwealth must file all petitions. If the District Attorney elects to require an attorney for the Commonwealth to file the petition, the District Attorney shall file a certification with the court of common pleas. The certification shall:
1) state that an attorney for the Commonwealth must file petitions; and
2) specify any limitations on the filing or classes of petitions.
B. Filings. In every delinquency proceeding, the attorney for the Commonwealth or the juvenile probation officer shall file a petition with the clerk of courts if it has been determined that informal adjustment or another diversionary program is inappropriate.
C. Petition contents. Every petition shall set forth plainly:
1) the name of the petitioner;
2) the name, date of birth, and resident address, if known, of the juvenile, or if unknown, a description of the juvenile;
3) a statement that:
a) it is in the best interest of the juvenile and the public that the proceedings be brought; and
b) the juvenile is in need of treatment, supervision, or rehabilitation;
4) the date when the offense is alleged to have been committed; provided, however:
a) if the specific date is unknown, or if the offense is a continuing one, it shall be sufficient to state that it was committed on or about any date within the period of limitations; and
b) if the date or day of the week is an essential element of the offense charged, such date or day shall be specifically set forth;
5) the place where the offense is alleged to have been committed;
6) a) a summary of the facts sufficient to advise the juvenile of the nature of the offense charged;
b) the official or customary citation of the statute and section thereof, or other provision of law which the juvenile is alleged to have violated, but an error in such citation shall not affect the validity or sufficiency of the petition; and
c) the name of any conspirators, if known.
7) a statement that the acts were against the peace and dignity of the Commonwealth of Pennsylvania or in violation of an ordinance of a political subdivision;
8) a notation if criminal laboratory services are requested in the case;
9) a verification by the petitioner that the facts set forth in the petition are true and correct to the petitioner's personal knowledge, information, or belief, and that any false statements therein are subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities;
10) the signature of the petitioner and the date of the execution of the petition;
11) the whereabouts of the juvenile and if taken into custody, the date and time thereof; and
12) the name and resident address of the juvenile's guardian, or if unknown, the name and address of the nearest adult relative.
Comment Under paragraph (A), the District Attorney may file a certification with the court of common pleas stating that only an attorney for the Commonwealth may file a petition. If a certification has not been filed, then an attorney for the Commonwealth or a juvenile probation officer may file a petition.
A private citizen has the right to file a written allegation, not a petition. The written allegation commences the proceedings in the juvenile system. See Rule 200. The case should progress in the same manner as any other case in the juvenile system. If the written allegation is disapproved, the private citizen may appeal to the court of common pleas. See Comment to Rule 233.
Informal adjustment or other diversionary programs should be considered before a petition is filed. Once a petition is filed, informal adjustment is not permitted. See In re J.H.B., 760 A.2d. 27(Pa. Super. Ct. 2000).
Petitions should be filed without unreasonable delay. See Commonwealth v. Dallenbach, 729 A.2d 1218 (Pa. Super. Ct. 1999).
The contents of a petition are the same as a written allegation except for the additional requirements in paragraphs (C)(11) and (12).
Rule 331. Service of Petition.
A. Copy. Upon the filing of a petition, a copy of the petition shall be served promptly upon the juvenile, the juvenile's guardian, the juvenile's attorney, the attorney for the Commonwealth, and the juvenile probation officer.
B. Service to juvenile and guardian. The service of the petition to the juvenile and the juvenile's guardian shall be by first-class mail or delivered in-person.
C. Service to attorneys and probation officer. The service of the petition to the juvenile's attorney, attorney for the Commonwealth, and juvenile probation officer shall be by first-class mail or delivered in-person unless all individuals otherwise agree upon an alternative method.
Comment The purpose of paragraph (A) is to insure the juvenile and the juvenile's attorney have notice of the charges to prepare the case adequately. If the juvenile is detained, service is to follow immediately after the filing of the petition. See Rule 242(D) for the twenty-four hour filing requirement.
Alternative methods of services that may be utilized under paragraph (C) could be electronic transmission, facsimile, county agency inter-office mail, and other similar methods.
Rule 332. Multiple Offenses in Petition.
A. Different incidents. When more than one offense is alleged to have been committed within a judicial district by a juvenile arising from different incidents or delinquent episodes, one petition may be filed. However, each incident shall be charged separately in conformity with the requirements of Rule 330(C)(4)--(6).
B. Same incidents. When more than one offense is alleged to have been committed within a judicial district by a juvenile arising from the same incident or delinquent episode, a single petition shall be filed.
Comment The purpose of paragraph (A) is to permit one petition for multiple offenses arising from different incidents or delinquent episodes. The offenses must be stated with particularity to inform the juvenile of the charges. See Rule 330(C)(4) through (6) for specific requirements.
Under paragraph (B), a single petition is to be submitted for offenses arising from the same incident or delinquent episode.
Rule 333. Separate Petitions.
When more than one juvenile is alleged to have participated in the commission of an offense, a separate petition for each juvenile shall be filed.
Comment If there are conspirators to any of the alleged offenses, the names of all conspirators are to be referenced in the petition. See Rule 330(C)(6)(c).
Hearings on the petitions may be consolidated for such further action as may be required by Rule 351.
Rule 334. Amendment of Petition.
A. Amendment.
1) The court shall allow a petition to be amended when there is defect in:
a) form;
b) the description of the offense;
c) the description of any person or property; or
d) the date charged.
2) The court shall not allow a petition to be amended if the petition alleges a different set of events or offenses, where the elements or defenses are materially different from the elements or defenses to the offense originally petitioned.
B. Continuance. Upon amendment, the court may:
1) grant a continuance of the adjudicatory hearing; or
2) order other relief as is necessary in the interests of justice.
Comment For continuances, see Rule 112.
Rule 335. Withdrawal of Petition.
The attorney for the Commonwealth may withdraw the petition. The withdrawal shall be filed with the clerk of courts.
Comment See Rule 345 for the procedures for filings and service.
Rule 336. Re-Filing of the Petition After Withdrawal or Dismissal.
A. Re-filing. The attorney for the Commonwealth may re-file a petition after the petition has been withdrawn pursuant to Rule 335 or dismissed by the court.
B. Motion for dismissal. The court may entertain a motion by the juvenile to dismiss the re-filed petition.
Comment A juvenile may be rearrested after the charges have been dismissed prior to jeopardy attaching if the statute of limitations has not expired. Cf. Commonwealth v. Revtai, 532 A.2d 1 (Pa. 1987). The petition should be dismissed upon a finding that the attorney for the Commonwealth acted to harass the juvenile, the offenses are beyond the statute of limitations, or there is some other prejudice to the juvenile. See Commonwealth v. Chermansky, 552 A.2d 1128 (Pa. Super. Ct. 1989). See also Commonwealth v. Thorpe, 701 A.2d 488 (Pa. 1997).
If a petition is re-filed, the procedures of Rule 330 should be followed. It may be necessary to have a detention hearing under the procedures of Rule 240(C).
PART D. PROCEDURES FOLLOWING
FILING OF PETITIONRule 340. Pre-Adjudicatory Discovery and Inspection.
A. Informal. Before either party can seek any disclosure or discovery under these rules, counsel for the parties shall make a good faith effort to resolve all questions of discovery, and to provide information required or requested under these rules as to which there is no dispute. When there are items requested by one party that the other party has refused to disclose, the demanding party may make an appropriate motion to the court. Such motion shall be made as soon as possible prior to the adjudicatory hearing. In such motion, the party shall state that a good faith effort to discuss the requested material has taken place and proved unsuccessful. Nothing in this rule shall delay the disclosure of any items agreed upon by the parties pending resolution of any motion for discovery.
B. Mandatory.
1) Disclosure by the Commonwealth. In all cases, on request by the juvenile's attorney or the juvenile, if unrepresented, and subject to any protective order which the Commonwealth might obtain under this rule, the Commonwealth shall disclose to the juvenile's attorney or the juvenile, if unrepresented, all of the following requested items or information, provided they are material to the instant case. The Commonwealth shall, when applicable, permit the juvenile's attorney or the juvenile, if unrepresented, to inspect and copy or photograph such items.
a) Any evidence favorable to the juvenile that is material either to guilt or to disposition, and is within the possession or control of the attorney for the Commonwealth;
b) any written confession or inculpatory statement, or the substance of any oral confession or inculpatory statement, and the identity of the person to whom the confession or inculpatory statement was made that is in the possession or control of the attorney for the Commonwealth;
c) the circumstances and results of any identification of the juvenile by voice, photograph, or in-person identification;
d) any results or reports of scientific tests, expert opinions, and written or recorded reports of polygraph examinations or other physical or mental examinations of the juvenile that are within the possession or control of the attorney for the Commonwealth;
e) any tangible objects, including documents, photographs, fingerprints, or other tangible evidence; and
f) the transcripts and recordings of any electronic surveillance, and the authority by which the said transcripts and recordings were obtained.
C. Discretionary. Upon motion of the attorney for the Commonwealth, the juvenile's attorney, or the juvenile, if unrepresented, for pre-adjudicatory discovery, the court may order, subject to the juvenile's right against self-incrimination, any discovery upon a showing that the evidence is material to the preparation of the case and that the request is reasonable.
D. Continuing Duty to Disclose. If, prior to or during the adjudicatory hearing, either party discovers additional evidence or material previously requested or ordered to be disclosed by it, which is subject to discovery or inspection under this rule, or the identity of an additional witness or witnesses, such party promptly shall notify the opposing party or the court of the additional evidence, material, or witness.
E. Remedy. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit discovery or inspection, may grant a continuance, or may prohibit such party from introducing evidence not disclosed, other than testimony of the juvenile, or it may enter such other order as it deems just under the circumstances.
F. Protective orders. Upon a sufficient showing, the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion of any party, the court may permit the showing to be made, in whole or in part, in the form of a written statement to be inspected by the court. If the court enters an order granting relief, the entire text of the statement shall be sealed and preserved in the records of the court to be made available to the appellate court(s) in the event of an appeal.
G. Work Product. Disclosure shall not be required of legal research or of records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the Commonwealth or the juvenile's attorney, or members of their legal staffs.
Comment The purpose of paragraph (A) is to encourage an informal discovery process. Only when the informal process fails and there is a general dispute as to discovery, should a motion to compel discovery be made. Motions may be oral or written, see Rule 344.
For provisions under paragraph (B)(1)(b), see Commonwealth v. Burke, 781 A.2d 1136 (Pa. 2001).
Under paragraph (C), the following are examples of evidence that may be material to the preparation of the defense: 1) the names and contact information of eyewitnesses; 2) all written or recorded statements, and substantially verbatim oral statements, of eyewitnesses the Commonwealth intends to call at the adjudicatory hearing; 3) all written and recorded statements, and substantially verbatim oral statements, made by juvenile, and by conspirators or accomplices, whether such individuals have been charged or not; and 4) any other evidence specifically identified by the juvenile's attorney, provided the juvenile's attorney can additionally establish that its disclosure would be in the interests of justice, including any information concerning any prosecutor, investigator, or police officer involved in the case who has received either valuable consideration, or an oral or written promise or contract for valuable consideration, for information concerning the case, or for the production of any work describing the case, or for the right to depict the character of the prosecutor or investigator in connection with his or her involvement in the case.
Under paragraph (C), the following are examples or evidence that may be material to the preparation of the Commonwealth's case: 1) results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the juvenile's attorney, that the juvenile's attorney intends to introduce as evidence in chief, or were prepared by a witness whom the juvenile's attorney intends to call at the adjudicatory hearing, when results or reports relate to the testimony of that witness, provided the juvenile's attorney has requested and received discovery under paragraph (B)(1)(d); and 2) the names and contact information of eyewitnesses whom the juvenile's attorney intends to call in the juvenile's case in chief.
Any evidence or material requested cannot interfere with the juvenile's right against self-incrimination.
Under paragraph (C), the court has discretion, upon motion, to order an expert who is expected to testify at the adjudicatory hearing to prepare a report. However, these provisions are not intended to require a prepared report in every case. The court should determine, on a case-by-case basis, whether a report should be prepared. For example, a prepared report ordinarily would not be necessary when the expert is known to the parties and testifies about the same subject on a regular basis. On the other hand, a report might be necessary if the expert is not known to the parties or is going to testify about a new or controversial technique.
Whenever the rule makes reference to the term ''identification,'' or ''in-person identification,'' it is understood that such terms are intended to refer to all forms of identifying a juvenile by means of the juvenile's person being in some way exhibited to a witness for the purpose of an identification: e.g., a line-up, stand-up, show-up, one-on-one confrontation, one-way mirror, etc. The purpose of this provision is to make possible the assertion of a rational basis for a claim of improper identification based upon Stovall v. Denno, 388 U.S. 293 (1967) and United States v. Wade, 388 U.S. 218 (1967).
This rule is not intended to affect the admissibility of evidence that is discoverable under this rule or evidence that is the fruits of discovery, nor the standing of the juvenile to seek suppression of such evidence.
It is intended that the remedies provided in paragraph (E) apply equally to the Commonwealth and the juvenile, as the interests of justice require.
The provision for a protective order, paragraph (F), does not confer upon the Commonwealth any right of appeal not presently afforded by law.
It should also be noted that as to material which is discretionary with the court, or which is not enumerated in the rule, if such information contains exculpatory evidence as would come under the Brady rule, it must be disclosed. Nothing in this rule is intended to limit in any way disclosure of evidence constitutionally required to be disclosed.
Rule 341. Notice of Alibi Defense.
A. Notice by the juvenile's attorney or juvenile, if unrepresented. A juvenile who intends to offer the defense of alibi at the adjudicatory hearing shall, at any time prior to the adjudicatory hearing, give the attorney for the Commonwealth notice of the intention to claim such defense. Such notice shall include specific information as to the place or places where the juvenile claims to have been at the time of the alleged offense and the names and contact information of witnesses whom the juvenile intends to call in support of such claim.
B. Failure to Give Notice. If the juvenile fails to give notice of an alibi defense as required by this rule, or omits any witness from such notice, the court at the adjudicatory hearing may exclude the testimony of any omitted witness, or may exclude entirely any evidence offered by the juvenile for the purpose of proving the defense, except testimony by the juvenile, or may grant a continuance to enable the Commonwealth to investigate such evidence, or may make such other order as the interests of justice require.
C. Impeachment. A juvenile may testify concerning an alibi notwithstanding that the juvenile has not given notice, but if the juvenile has given notice and testifies concerning his or her presence at the time of the offense at a place or time different from that given in the notice, the juvenile may be cross-examined concerning such notice.
D. Disclosure of Reciprocal Witnesses. Prior to the adjudicatory hearing, the attorney for the Commonwealth shall disclose to the juvenile's attorney or the juvenile, if unrepresented, the names and contact information, that have not been previously disclosed, of all persons the Commonwealth intends to call as witnesses to disprove or discredit the juvenile's claim of alibi.
E. Failure to Supply Reciprocal Notice. If the attorney for the Commonwealth fails to disclose a list of its witnesses as required by this rule, or omits any witness therefrom, the court at the adjudicatory hearing may exclude the testimony of any omitted witness, or may exclude any evidence offered by the Commonwealth for the purpose of disproving the alibi, or may grant a continuance to enable the defense to investigate such evidence, or may make such other order as the interests of justice require.
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