234 Pa. Code Rule 598. Place of Detention During Procedures for Transfer from Criminal Proceedings to Juvenile Proceedings Pursuant to 42 Pa.C.S. § 6322.

Rule 598. Place of Detention During Procedures for Transfer from Criminal Proceedings to Juvenile Proceedings Pursuant to 42 Pa.C.S. §  6322.

(A)  Except as provided in paragraph (B), a defendant who is under the age of 18 at the time the complaint is filed and is charged with one of the offenses excluded from the definition of ‘‘delinquent act’’ in paragraphs (2)(i), (2)(ii), and (2)(iii) of 42 Pa.C.S. §  6302 shall be detained in the county jail unless released on bail.
(B)  A defendant, who may seek or is seeking transfer from criminal proceedings to juvenile proceedings pursuant to 42 Pa.C.S. §  6322 and has not been released on bail, may file a motion in the court of common pleas requesting that he or she be detained in a secure detention facility.
   (1)  If the attorney for the Commonwealth consents to the motion requesting detention in a secure detention facility, the judge may order that the defendant be detained in a secure detention facility until:
     (a)   the defendant is released on bail; or
     (b)   the judge determines that the defendant is not seeking transfer of the case pursuant to 42 Pa.C.S. §  6322; or
     (c)   the judge denies the motion for transfer filed pursuant to 42 Pa.C.S. §  6322.
   (2)  In no event may the defendant be detained in a secure detention facility after the defendant’s 18th birthday, unless:
     (a)   the judge has granted the motion to transfer filed pursuant to 42 Pa.C.S. §  6322; or
     (b)   the juvenile court has issued an order for the defendant’s secure detention in a separate delinquency case.
   (3)  If the attorney for the Commonwealth files a notice of appeal from the judge’s order transferring the case from criminal proceedings to juvenile proceedings pursuant to Rule 597, the judge may order the release of the defendant conditioned upon the defendant being detained in a secure detention facility pending the disposition of the appeal.
(C)  After the defendant has been detained in a secure detention facility pursuant to the judge’s order issued as provided in paragraph (B), the judge promptly shall order the defendant’s transfer to the county jail if:
   (1)  the judge denies the defendant’s motion to transfer;
   (2)  the judge determines that the defendant is not filing a motion to transfer or is no longer seeking transfer; or
   (3)  the judge determines that the defendant has reached his or her 18th birthday and a juvenile court has not ordered the defendant to be detained in the secure detention facility in a separate delinquency case.
(D)  Except as provided in Rule 597(E)(3), if the defendant’s motion for transfer is granted, the judge shall order the defendant to be taken to the juvenile probation office pursuant to Rule 595(G)(2).

Comment

   As provided in paragraph (B), a defendant, who may seek transfer from criminal proceedings to juvenile proceedings pursuant to 42 Pa.C.S. §  6322, with the consent of the attorney for the Commonwealth, may be transferred to a secure detention facility during the pendency of proceedings under this rule. See also 42 Pa.C.S. §  6327(c.1).
   As used in this rule, ‘‘secure detention facility’’ is a facility approved by the Department of Public Welfare to provide secure detention of alleged and adjudicated delinquent children, see 55 Pa. Code §  3800.5, and does not include shelter care.
   Nothing in this rule is intended to restrict or enlarge the defendant’s eligibility for release on bail or ability to post bail. If the Commonwealth files a notice of appeal of the judge’s order transferring the case from criminal proceedings to juvenile proceedings, the judge must review the defendant’s bail status and may release the defendant conditioned upon the defendant being detained in a secure detention facility. See Rule 597(E)(3). See also Rule 524(C)(2) that permits a judge to release a defendant on nonmonetary conditions.
   As used in this rule, ‘‘judge’’ means judge of the court of common pleas. Neither Philadelphia Municipal Court judges nor magisterial district judges are permitted to order a defendant who may seek or is seeking transfer from criminal proceedings to juvenile proceedings pursuant to 42 Pa.C.S. §  6322 to be detained in a secure detention facility.

   Official Note
   Adopted July 31, 2012 effective November 1, 2012.
   Committee Explanatory Reports:
   Final Report explaining the July 31, 2012 new rule published with the Court’s Order at 42 Pa.B. 5340 (August 18, 2012).

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