237 Pa. Code Rule 612. Modification or Revocation of Probation.

Rule 612. Modification or Revocation of Probation.

A.  Filing. A motion to modify or revoke probation shall be filed in accordance with Rule 345.
B.  Time of Hearing on the Motion.
   1)  If the juvenile is detained, the hearing on the motion shall be held within ten days of the detention hearing.
   2)  If the juvenile is not detained, the hearing on the motion shall be held promptly.
C.  Modification. If the court modifies the dispositional order, the court shall state the grounds for the modification and shall issue a new dispositional order in accordance with Rule 515.
D.  Advanced Communication Technology. A court may utilize advanced communication technology pursuant to Rule 129 for a juvenile or a witness unless good cause is shown otherwise.
E.  Post-Dispositional Rights. A colloquy and inquiry of post-dispositional rights shall be conducted when a juvenile is aggrieved by a change in the dispositional order.

Comment

   A juvenile should be afforded due process before probation can be revoked. Cf. Gagnon v. Scarpelli, 411 U.S. 778 (1973); Morrissey v. Brewer, 408 U.S. 471 (1972). A juvenile’s probation cannot be revoked simply on the grounds of hearsay evidence. In re Davis, 586 A.2d 914 (Pa. 1991).
   If a juvenile is over the age of eighteen, under the age of twenty-one, and is alleged to have violated the terms of probation, the juvenile, if detained, is to be placed in a detention facility. See Rule 120 and its Comment for definitions of ‘‘detention facility,’’ which does not include a county jail or state prison, and ‘‘juvenile,’’ which includes a person who has attained ten years of age and is not yet twenty-one years of age who is alleged to have committed a delinquent act before reaching eighteen years of age or who is alleged to have violated the terms of juvenile probation prior to termination of juvenile court supervision.
   For detention procedures, see Rules 240 through 243.
   For dispositional orders, see Rule 515.
   Whenever a motion seeking to modify probation also seeks a reduction of outstanding restitution, the victim should be given specific notice of the relief sought prior to the hearing. A court may not order a downward adjustment of outstanding restitution without first ensuring that notice was given to the victim of the possibility that such an adjustment was specifically being considered at the hearing. See Pa.R.J.C.P. 610(B).
   For the use of advanced communication technology, see Rule 129.
   For the colloquy and inquiry of post-dispositional rights, see Rule 512(C). If a change in disposition results in an out-of-home placement, then the court should also explain to the juvenile the availability of review of the out-of-home placement pursuant to Pa.R.A.P. 1612.

   Official Note
   Rule 612 adopted April 1, 2005, effective October 1, 2005. Amended March 5, 2013, effective immediately. Amended June 28, 2013, effective immediately. Amended May 11, 2017, effective October 1, 2017. Amended October 22, 2021, effective April 1, 2022.
   Committee Explanatory Reports:
   Final Report explaining the amendments to Rule 612 published with the Court’s Order at 43 Pa.B. 1551 (March 23, 2013).
   Final Report explaining the amendments to Rule 612 published with the Court’s Order at 43 Pa.B. 3938 (July 13, 2013).
   Final Report explaining the amendments to Rule 612 published with the Court’s Order at 47 Pa.B. 2969 (May 27, 2017).
   Final Report explaining the amendments to Rule 612 published with the Court’s Order at 51 Pa.B. 6905 (November 6, 2021).

Source

   The provisions of this Rule 612 amended March 5, 2013, effective immediately, 43 Pa.B. 1551; amended June 28, 2013, effective immediately, 43 Pa.B. 3938; amended May 11, 2017, effective October 1, 2017, 47 Pa.B. 2969; amended October 22, 2021, effective April 1, 2022, 51 Pa.B. 6905. Immediately preceding text appears at serial pages (387930) and (393109).

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