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237 Pa. Code Rule 632. Early Termination of Court Supervision by Motion.

Rule 632. Early Termination of Court Supervision by Motion.

 A.  Motion. Any party may move for early termination of court supervision. The motion shall state with specificity why early termination is sought and why the requirements of Rule 631(A) have not been met.

 B.  Notice.

   1)  In addition to the service requirements of Rule 345, any party moving for early termination shall serve the motion on the juvenile probation officer.

   2)  The victim shall be provided notice of the motion for early termination of court supervision.

 C.  Objection.

   1)  A party or the juvenile probation officer may object to the motion under paragraph (A) and request a hearing.

   2)  Such objection shall be made within 30 days of the date of the motion; otherwise, objections are deemed waived.

 D.  Court’s Determination. The court shall:

   1)  rule on the motion and any objections without a hearing; or

   2)  schedule a hearing.

 E.  Hearing. If objections have been made pursuant to paragraph (C) or the court has determined a hearing is necessary, the court shall hold a hearing and give each party, the victim, and the juvenile probation officer an opportunity to be heard before the court enters its final order.

 F.  Termination. When the requirements of paragraphs (A) through (E) have been met and the court is satisfied that there is a compelling reason to discharge the juvenile prior to the completion of the requirements of Rule 631(A), the court may order an early discharge of the juvenile from its supervision.

Comment

   If a party has moved for early termination of court supervision of a juvenile pursuant to paragraph (A) or the court has scheduled a hearing pursuant to paragraph (E), the attorney for the Commonwealth or its designee is to notify the victim of the motion for early termination and/or the date, time, place, and purpose of the hearing.

   The victim may be present at the hearing and is to be afforded the opportunity to submit an oral and/or written victim-impact statement. See Rule 132 and the Victims Bill of Rights, 18 P.S. § §  11.201 et seq.

   For the submission of victim-impact statements by victims of personal injury crimes prior to the release or transfer of a juvenile from a placement facility, see Victims Bill of Rights, 18 P.S. §  11.201(8.1)(iii).

   Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. §  6333. However, nothing in these rules requires the attendance of the victim unless subpoenaed. If the victim is not present, the victim is to be notified of the final outcome of the proceeding.

   For procedures on motions, see Rule 344. For filing and service requirements, see Rule 345.

   If all parties are in agreement with the termination, the court may terminate court supervision without a hearing.

   For procedures on the dispositional order, see Rule 515. See also, 42 Pa.C.S. §  6352. For collection of outstanding restitution regardless of court supervision status, see 42 Pa.C.S. §  9728.

   ‘‘Compelling reason,’’ as set forth in paragraph (F), should reflect consideration of the statutory goals of protection of the public interest in a manner best suited to the juvenile’s treatment, supervision, rehabilitation and welfare within the framework of balanced and restorative justice, which attends to: 1) the protection of the community; 2) the imposition of accountability for offenses committed; and 3) the development of competencies to enable the juvenile to become a responsible and productive member of the community. See In the Interest of D.C.D., 171 A.3d 727 (Pa. 2017); 42 Pa.C.S. §  6352(a). The court has broad discretion in weighing each goal as appropriate to the individual juvenile. See id. at 742.

   Official Note

   Rule 632 adopted February 26, 2008, effective April 1, 2008. Amended May 26, 2011, effective July 1, 2011. Amended October 22, 2021, effective April 1, 2022.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 632 published with the Court’s Order at 38 Pa.B. 1146 (March 8, 2008).

   Final Report explaining the amendments to Rule 632 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).

   Final Report explaining the amendments to Rule 632 published with the Court’s Order at 51 Pa.B. 6905 (November 6, 2021).

Source

   The provisions of Rule 632 adopted February 26, 2008, effective April 1, 2008, 38 Pa.B. 1146; amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180; amended October 22, 2021, effective April 1, 2022, 51 Pa.B. 6905. Immediately preceding text appears at serial pages (360645) to (360646).


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