37 Pa. Code § 200.3. Detention required to protect the person or property of others or of the juvenile.

§ 200.3. Detention required to protect the person or property of others or of the juvenile.

A juvenile may not be detained in secure detention under 42 Pa.C.S. § §  6325, 6326 and 6331 (relating to detention of child; release or delivery to court; and release from detention or commencement of proceedings) for the purpose of protecting the person or property of others or of the juvenile unless one of the following exists:
   (1)  The juvenile is alleged to be delinquent on the basis of acts which would constitute the commission of, conspiracy, solicitation or an attempt to commit any of the following crimes:
     (i)   Criminal homicide, 18 Pa.C.S. §  2502, §  2503 or §  2504 (relating to murder; voluntary manslaughter or involuntary manslaughter).
     (ii)   Rape, 18 Pa.C.S. §  3121 (relating to rape).
     (iii)   Robbery, 18 Pa.C.S. §  3701 (relating to robbery).
     (iv)   Robbery of motor vehicle, 18 Pa.C.S. §  3702 (relating to robbery of motor vehicle).
     (v)   Aggravated assault, 18 Pa.C.S. §  2702 (relating to aggravated assault).
     (vi)   Statutory sexual assault, 18 Pa.C.S. §  3122.1 (relating to statutory sexual assault).
     (vii)   Involuntary deviate sexual intercourse, 18 Pa.C.S. §  3123 (relating to involuntary deviate sexual intercourse).
     (viii)   Sexual assault, 18 Pa.C.S. §  3124.1 (relating to sexual assault).
     (ix)   Aggravated indecent assault, 18 Pa.C.S. §  3125 (relating to aggravated indecent assault).
     (x)   Kidnapping, 18 Pa.C.S. §  2901 (relating to kidnapping).
     (xi)   Arson, 18 Pa.C.S. §  3301 (relating to arson and related offenses).
     (xii)   Burglary, 18 Pa.C.S. §  3502 (relating to burglary) involving a structure adapted for overnight accommodation.
     (xiii)   Terroristic threats, 18 Pa.C.S. §  2706 (relating to terroristic threats).
     (xiv)   Stalking, 18 Pa.C.S. §  2709.1 (relating to stalking).
     (xv)   Causing or risking catastrophe, 18 Pa.C.S. §  3302 (relating to causing or risking catastrophe).
     (xvi)   Riot, 18 Pa.C.S. §  5501 (relating to riot).
     (xvii)   Felonious violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780-101—780-143).
     (xviii)   Felonious intimidation of witnesses or victims, 18 Pa.C.S. §  4952 (relating to intimidation of witnesses or victims).
     (xix)   Felonious retaliation against witness, victim or party, 18 Pa.C.S. §  4953 (relating to retaliation against witness, victim or party).
   (2)  The juvenile is alleged to be delinquent on the basis of an offense which involved the use or possession of a firearm or explosives, or an offense—other than mere possession—which involved the use or possession of a deadly weapon—other than a firearm or explosives—as defined in 18 Pa.C.S. §  2301 (relating to definitions).
   (3)  The juvenile is alleged to be delinquent on the basis of an offense which is classified as a felony and one of the following exists:
     (i)   The juvenile is currently on probation, being supervised under a consent decree, or otherwise under the supervision of the court following an adjudication of delinquency.
     (ii) The juvenile has been found to be delinquent within the preceding 18 months.
   (4) The juvenile is alleged to be delinquent and is in violation of conditions of house arrest, in-home detention, electronic monitoring, shelter care or other nonsecure placement, ordered or authorized as an alternative to secure detention.
   (5) The juvenile is on probation or is otherwise under the supervision of a court following an adjudication of delinquency, based on a felony, and is alleged to have committed a delinquent act or to have twice violated technical conditions of probation or other postadjudication supervision.
   (6) The juvenile or juvenile’s attorney has voluntarily and in writing requested placement in secure detention for the protection of the juvenile, in which case immediate release shall occur upon the request of the juvenile or attorney.

Cross References

   This section cited in 37 Pa. Code §  200.6 (relating to postadjudication detention pending disposition); and §  200.7 (relating to postdisposition detention awaiting placement).

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