reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part B - ARREST PROCEDURES IN DELINQUENCY CASES › (a) - Arrest Warrants › Rule 212 - Duplicate and Alias Warrants of Arrest

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part B - ARREST PROCEDURES IN DELINQUENCY CASES › (a) - Arrest Warrants › Rule 213 - Execution of Arrest Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
A. A
						warrant of arrest may be executed at any place within the
						Commonwealth.
B. A police officer
						shall execute a warrant of arrest.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part B - ARREST PROCEDURES IN DELINQUENCY CASES › (b) - Arrests Without Warrant › Rule 220 - Procedure in Cases Commenced by Arrest Without Warrant

Current through Register Vol. 54, No. 28, July 13, 2024
A. The person arresting a juvenile shall
						promptly:
1) notify the juvenile's guardian
						of:
a) the arrest of the juvenile;
b) the reason for the arrest; and
c) the juvenile's whereabouts;
						and
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part B - ARREST PROCEDURES IN DELINQUENCY CASES › (b) - Arrests Without Warrant › Rule 221 - Temporary Detention in Police Lock-Up

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Secure detention
. A
						juvenile under arrest may be held securely in a 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 shall be
						separated by sight and sound from incarcerated adult offenders and shall 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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part C - WRITTEN ALLEGATION PROCEDURES › Rule 231 - Written Allegation

Current through Register Vol. 54, No. 28, July 13, 2024
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 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 unless the District Attorney elects to require
					 initial receipt and approval of the written allegation under paragraph (B)
					 .
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part C - WRITTEN ALLEGATION PROCEDURES › Rule 232 - Contents of Written Allegation

Current through Register Vol. 54, No. 28, July 13, 2024
Every written allegation shall contain:
1) the name of the person making the
					 allegations;
2) the name, date of
					 birth, and 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;
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part C - WRITTEN ALLEGATION PROCEDURES › Rule 233 - Approval of Private Written Allegations

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part D - PRE-ADJUDICATORY DETENTION › Rule 240 - Detention of Juvenile

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part D - PRE-ADJUDICATORY DETENTION › Rule 241 - Notice of Detention Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
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;
6) the victim;
					 and
7) any other appropriate
					 persons.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part D - PRE-ADJUDICATORY DETENTION › Rule 242 - Detention Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Informing juvenile of rights
. Upon commencement of the
					 hearing, the court shall:
1) provide a copy
					 of the written allegation to the juvenile and the juvenile's guardian, if
					 present;
2) inform the juvenile of
					 the right to counsel and to retain private counsel or to be assigned counsel;
					 and
3) inform the juvenile of the
					 right to remain silent with respect to any allegation of delinquency.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 2 - COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION › Part D - PRE-ADJUDICATORY DETENTION › Rule 243 - Detention Rehearings

Current through Register Vol. 54, No. 28, July 13, 2024
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
. The court may grant a rehearing upon
					 request of the juvenile's attorney, the juvenile, if unrepresented, or the
					 attorney for the Commonwealth, or on its own motion.
C.
Forum
. The judge, who
					 heard the original detention hearing or adopted the findings of the juvenile
					 court hearing officer, shall hold the rehearing, unless the judge assigns the
					 case to a juvenile court hearing officer.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part A - VENUE › Rule 300 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. A delinquency proceeding shall be commenced in:
1) The county in which the delinquent act was
					 allegedly committed; or
2) The
					 juvenile's county of residence.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part A - VENUE › Rule 302 - Inter-County Transfer

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Adjudication of Delinquency
. When the court proceeds to an
					 adjudicatory hearing for non-resident juveniles, it shall hear evidence on the
					 petition pursuant to Rule 406 or accept an admission pursuant to Rule 407 and
					 shall rule on the offenses in accordance with Rule 408. The court may transfer
					 the case to the juvenile's county of residence for a hearing to determine if
					 the juvenile is in need of treatment, rehabilitation, or supervision pursuant
					 to Rule 409 and if the court finds the juvenile to be in need of treatment,
					 rehabilitation, or supervision, the receiving court shall proceed under Chapter
					 Five.
B.
Courtesy
					 Supervision
.
1) The court may
					 transfer supervision of the juvenile to the juvenile's county of residence
					 after:
a) a consent decree is entered;
					 or
b) a dispositional order is
					 entered; and
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part B - INTAKE AND INFORMAL ADJUSTMENT › Rule 310 - Pre-Intake Duties, Scheduling, and Notice

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part B - INTAKE AND INFORMAL ADJUSTMENT › Rule 311 - Intake Conference

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally.
The juvenile probation officer may conduct an
					 intake conference to determine what further action, if any, should be
					 taken.
B.
Juvenile
					 probation officer's duties.
Before proceeding with an intake
					 conference, the juvenile probation officer shall:
1) provide a copy of the written allegation
					 to the juvenile, the juvenile's guardian, if present, and the juvenile's
					 attorney, if present; and
2) inform
					 the juvenile and the juvenile's guardian, if present, of the juvenile's rights;
					 and
3) afford the victim the
					 opportunity to offer prior comment on the disposition of the case if informal
					 adjustment or an alternative resolution of the case is being
					 considered.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part B - INTAKE AND INFORMAL ADJUSTMENT › Rule 312 - Informal Adjustment

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part B - INTAKE AND INFORMAL ADJUSTMENT › Rule 313 - Detention from Intake

Current through Register Vol. 54, No. 28, July 13, 2024
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
					 juvenile probation officer immediately shall notify the guardian of the
					 juvenile's detention.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 330 - Petition: Filing, Contents, Function

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Certification
. The
					 District Attorney of any county may require that an attorney for the
					 Commonwealth shall 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 shall file petitions; and
2) specify any limitations on the filing or
					 classes of petitions.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 331 - Service of Petition

Current through Register Vol. 54, No. 28, July 13, 2024
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 juvenile 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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 332 - Multiple Offenses in Petition

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Different incidents
. When more than one offense is alleged to
					 have been committed within a judicial district by a juvenile arising from
					 different delinquent episodes, one petition may be filed. However, each
					 incident shall be described 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
					 delinquent episode, a single petition shall be filed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 333 - Separate Petitions

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 334 - Amendment of Petition

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Amendment
.
1) The court
					 shall allow a petition to be amended when there is a defect in:
a) form;
b) the description of the offense;
c) the description of any person or property;
					 or
d) the date alleged.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 335 - Withdrawal of Petition

Current through Register Vol. 54, No. 28, July 13, 2024
The attorney for the Commonwealth may withdraw the
						petition. The withdrawal shall be filed with the clerk of
						courts.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 336 - Re-Filing of the Petition After Withdrawal or Dismissal

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part C - PETITION › Rule 337 - Filing of Petition after Case has been Transferred from Criminal Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Commencement of proceedings.
Pursuant to Rule 200(4), the
					 transfer of a case from a criminal proceeding pursuant to Pa.R.Crim.P. 597 and
					 42 Pa.C.S. §
												6322
					 commences juvenile court action.
B.
Filing of the petition.
When a juvenile is transferred from a
					 criminal proceeding:
1) a new petition shall
					 be filed immediately; or
2) the
					 criminal complaint shall be converted into a petition immediately pursuant to
					 paragraph (C).
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Rule 340 - Pre-Adjudicatory Discovery and Inspection

Current through Register Vol. 54, No. 28, July 13, 2024
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
					 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.
1) Any
					 evidence favorable to the juvenile that is material either to adjudication or
					 to disposition, and is within the possession or control of the attorney for the
					 Commonwealth;
2) 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;
3)
					 the circumstances and results of any identification of the juvenile by voice,
					 photograph, or in-person identification;
4) 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;
5) any tangible
					 objects, including documents, photographs, fingerprints, or other tangible
					 evidence; and
6) the transcripts
					 and recordings of any electronic surveillance, and the authority by which the
					 said transcripts and recordings were obtained.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Rule 341 - Notice of Alibi Defense

Current through Register Vol. 54, No. 28, July 13, 2024
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 least two days 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, 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.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 344 - Motions and Answers

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally
. All motions and answers shall be made orally on the
						record or in writing. An answer to a motion is not required unless ordered by
						the court or otherwise provided in these rules. Failure to answer shall not
						constitute an admission of the well-pleaded facts alleged in the
						motion.
B.
Represented
						juvenile
. If counsel represents a juvenile, the attorney shall make or
						file all motions and answers.
C.
Requirements for motions
. All motions shall comply with the
						following requirements:
1) The person making
						the motion shall sign a written motion. The signature shall constitute a
						certification that the motion is made in good faith. An oral motion shall be
						made on the record and the oral motion shall constitute a certification that
						the motion is made in good faith.
2) The motion shall state with particularity
						the grounds for the motion, the facts that support each ground, and the types
						of relief or order requested.
3) If
						the motion sets forth facts that do not already appear of record in the case, a
						verification shall be included or an oral statement shall be given that the
						facts set forth in the motion are true and correct to the movant's personal
						knowledge, information, or belief.
4) If the motion is written, a certificate of
						service as required by Rule 345(C) shall be included.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 345 - Filing and Service

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Filings
.
1)
Generally
. Except as otherwise provided in these rules, all
						written motions, and any notice or document for which filing is required, shall
						be filed with the clerk of courts.
2)
Clerk of Courts' Duties
.
						Except as provided in paragraph (A)(3), the clerk of courts shall docket a
						written motion, notice, or document when it is received and record the time of
						filing in the docket. The clerk of courts promptly shall transmit a copy of
						these papers to such person as may be designated by the court.
3)
Filings by Represented
						Juveniles
. In any case in which a juvenile is represented by an
						attorney, if the juvenile submits for filing a written motion, notice, or
						document that has not been signed by the juvenile's attorney, the clerk of
						courts shall not file the motion, notice, or document in the official court
						record or make a docket entry, but shall forward it promptly to the juvenile's
						attorney.
4)
Method of
						Filing
. Filing may be accomplished by:
a) personal delivery to the clerk of
						courts;
b) mail addressed to the
						clerk of courts, provided, however, that filing by mail shall be timely only
						when actually received by the clerk within the time fixed for filing;
						or
c) in a judicial district that
						permits electronic filing pursuant to Rule 205, as provided in Rule 205(E)
						.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 346 - Omnibus Motion for Relief

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise required in the interests of justice,
						  all pre-adjudicatory requests for relief shall be included in one omnibus
						  motion filed prior to the adjudicatory hearing.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 347 - Time for Omnibus Motion and Service

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Time
. An omnibus motion
						shall be made as soon as practical but can be made at any time prior to the
						calling of the first witness at the adjudicatory hearing.
B.
Service
. If the omnibus
						motion is written, copies shall be served in accordance with Rule
						345.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 348 - Disposition of Omnibus Motions

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise provided in these rules, all omnibus
						  motions shall be determined before the adjudicatory hearing. If necessary for
						  the determination of the omnibus motion, the court may postpone the
						  adjudicatory hearing.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 350 - Suppression of Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Motion by attorney or juvenile, if unrepresented
. The
						juvenile's attorney or the juvenile, if unrepresented, may make a motion to the
						court to suppress evidence. The motion shall state specifically and with
						particularity the evidence sought to be suppressed, the grounds for
						suppression, and the supporting facts and events.
B.
Timeliness
. Unless the
						opportunity did not previously exist, or the interests of justice otherwise
						require, a motion to suppress shall be contained in the omnibus motion set
						forth in Rule 346. If a timely motion is not made, the issue of suppression of
						such evidence shall be deemed to be waived.
C.
Findings
. At the
						conclusion of the hearing, the court shall enter on the record a statement of
						findings of fact and conclusions of law as to whether the evidence was obtained
						in violation of the juvenile's rights, or in violation of these rules or any
						statute, and shall make an order granting or denying the relief
						sought.
D.
Decision final
						and binding
. If the court determines that the evidence shall not be
						suppressed, such determination shall be final, conclusive, and binding at the
						adjudicatory hearing, except upon a showing of evidence that was unavailable,
						but nothing in this rule shall prevent a juvenile from opposing such evidence
						at the adjudicatory hearing upon any ground except its
						suppressibility.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 351 - Adjudicatory Hearing on Separate Petitions

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Standards
. An
						adjudicatory hearing may be held for:
1)
						offenses alleged in separate petitions if the evidence of each of the offenses
						would be admissible in a separate adjudicatory hearing for the other;
2) offenses alleged in separate petitions if
						the offenses alleged are based on the same act or transaction;
3) juveniles alleged in separate petitions if
						they are alleged to have participated in the same act or transaction or in the
						same series of acts or transactions.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 352 - Separate Adjudicatory Hearings for Offenses or Juveniles

Current through Register Vol. 54, No. 28, July 13, 2024
The court may order separate adjudicatory hearings for
						  offenses or juveniles, or provide other appropriate relief, if it appears that
						  offenses or juveniles being heard together may prejudice any
						  party.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(1) - MOTION PROCEDURES › Rule 353 - Motion for Return of Property

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Return for lawful possession
. A person aggrieved by a search
						and seizure, whether or not executed pursuant to a warrant, may move for the
						return of the property on the ground that he or she is entitled to its lawful
						possession. Such motion shall be filed in writing and served pursuant to Rule
						345.
B.
Hearing
.
						The court hearing such motion shall receive evidence on any issue of fact
						necessary for its decision. If the motion is granted, the property shall be
						restored unless the court determines that such property is contraband, in which
						case the court may order the property to be forfeited.
C.
Joint motion
. A motion to
						suppress evidence under Rule 350 may be joined with a motion under this
						rule.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(2) - ADJUDICATORY SUMMONS AND NOTICE PROCEDURES › Rule 360 - Summons and Notice

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Summons
. The court shall issue a summons compelling the
						juvenile and the juvenile's guardian to appear for the adjudicatory
						hearing.
B.
Notice
. Notice of the adjudicatory hearing shall be given to:
1) The attorney for the
						Commonwealth;
2) The juvenile's
						attorney;
3) The juvenile probation
						office; and
4) The
						victim.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(2) - ADJUDICATORY SUMMONS AND NOTICE PROCEDURES › Rule 362 - Requirements of the Summons

Current through Register Vol. 54, No. 28, July 13, 2024
The summons shall:
1) be in writing;
2) set forth the date, time, and place of the
						adjudicatory hearing;
3) instruct
						the juvenile of the juvenile's right to counsel, retain private counsel or be
						appointed counsel;
4) give a
						warning stating that the failure to appear for the hearing may result in
						arrest;
5) include a copy of the
						juvenile petition; and
6) include
						an order directing the juvenile to submit to fingerprinting and photographing
						by, or arranged by, the law enforcement agency that submitted the written
						allegation in all cases in which the juvenile has not previously been
						fingerprinted or photographed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(2) - ADJUDICATORY SUMMONS AND NOTICE PROCEDURES › Rule 363 - Service of Summons and Notice

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Method of Service
. The summons or notice shall be served:
1) in-person; or
2) by first-class mail.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part D - PROCEDURES FOLLOWING FILING OF PETITION › Part D(2) - ADJUDICATORY SUMMONS AND NOTICE PROCEDURES › Rule 364 - Failure to Appear on the Summons

Current through Register Vol. 54, No. 28, July 13, 2024
If any summoned person fails to appear for the
						  adjudicatory hearing and the judge finds that sufficient notice was given, the
						  judge may issue a bench warrant pursuant to Rule 140.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part E - CONSENT DECREE › Rule 370 - Consent Decree

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Agreement.
1) At any time
					 after the filing of a petition and before the entry of an adjudication order,
					 the court may, upon agreement of the attorney for the Commonwealth and the
					 juvenile suspend the proceedings, and continue the juvenile under supervision
					 in the juvenile's home, under terms and conditions negotiated with the juvenile
					 probation office.
2) The order of
					 the court continuing the juvenile under supervision shall be known as a consent
					 decree.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part E - CONSENT DECREE › Rule 371 - Objection to Consent Decree

Current through Register Vol. 54, No. 28, July 13, 2024
When the juvenile or the attorney for the Commonwealth
						objects to a consent decree, the court shall proceed to findings, adjudication,
						and disposition.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part E - CONSENT DECREE › Rule 373 - Conditions of Consent Decree

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Terms and conditions
. The court may place upon the juvenile
					 any reasonable conditions that are consistent with the protection of the public
					 interest. The conditions of the consent decree shall provide a balanced
					 attention to:
1) The protection of the
					 community;
2) The juvenile's
					 accountability for the offenses committed; and
3) The development of the juvenile's
					 competencies to enable the juvenile to become a responsible and productive
					 member of the community.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part F - PRESERVATION OF TESTIMONY AND EVIDENCE › Rule 380 - Preservation of Testimony After Commencement of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A.
By Court Order
.
1) At any time after the commencement of
					 proceedings, upon motion of any party, and after notice and hearing, the court
					 may order the taking and preserving of the testimony of any witness who may be
					 unavailable for the adjudicatory hearing or for any other proceeding, or when
					 due to exceptional circumstances, it is in the interests of justice that the
					 witness' testimony be preserved.
2)
					 The court shall state on the record the grounds on which the order is
					 based.
3) The court's order shall
					 specify the time and place for the taking of the testimony, the manner in which
					 the testimony shall be recorded and preserved, and the procedures for custody
					 of the recorded testimony.
4) The
					 testimony shall be taken in the presence of the court, the attorney for the
					 Commonwealth, the juvenile, and the juvenile's attorney, unless otherwise
					 ordered.
5) The court shall rule on
					 the admissibility of the preserved testimony if it is offered into evidence at
					 the adjudicatory hearing or other judicial proceeding.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part F - PRESERVATION OF TESTIMONY AND EVIDENCE › Rule 381 - Preservation of Testimony by Video Recording

Current through Register Vol. 54, No. 28, July 13, 2024
A. When the testimony of a witness is taken
					 and preserved pursuant to Rule 380 by means of video recording, the testimony
					 shall be recorded simultaneously by a stenographer.
B. The following technical requirements shall
					 be made part of the court order required by Rule 380(A) or the written
					 agreement provided in Rule 380(B) :
1) The
					 video recording shall begin with a statement on camera that includes:
a) The operator's name and business
					 address;
b) The name and address of
					 the operator's employer;
c) The
					 date, time, and place of the video recording;
d) The caption of the case;
e) The name of the witness;
f) The party on whose behalf the witness is
					 testifying; and
g) The nature of
					 the judicial proceedings for which the testimony is
					 intended.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part G - TRANSFER FOR CRIMINAL PROSECUTION › Rule 390 - Notice of Request for Transfer to Criminal Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A.
General rule
. After a
					 petition is filed but before the first scheduled adjudicatory hearing, any
					 notice of a request for transfer to criminal proceedings pursuant to
					 42 Pa.C.S. §
												6355
					 shall be filed and served on:
1) the
					 juvenile;
2) the juvenile's
					 guardian;
3) the juvenile's
					 attorney;
4) the juvenile probation
					 office; and
5) the attorney for the
					 Commonwealth.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part G - TRANSFER FOR CRIMINAL PROSECUTION › Rule 391 - Time Restrictions for Detention of Juveniles Scheduled for Transfer Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Generally.
The detention requirements of Rules 240, 241, 242,
					 and 243 shall be followed for juveniles scheduled for a transfer
					 hearing.
B.
Time
					 Restrictions
. If the transfer hearing is not held within 10 days of
					 the filing of the notice of request for transfer to criminal proceedings, the
					 juvenile shall be released unless the exceptions of Rule 240(D)
					 apply.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part G - TRANSFER FOR CRIMINAL PROSECUTION › Rule 394 - Transfer Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Scheduling
. The court shall conduct a transfer hearing no
					 earlier than three days after the notice of request for transfer to criminal
					 proceedings is served unless this time requirement is waived.
B.
Advanced communication
					 technology.
1)
Juvenile.
A court may utilize advanced communication
					 technology pursuant to Rule 129 for the appearance of the juvenile only if the
					 parties consent.
2)
Witness.
A court may utilize advanced communication technology
					 pursuant to Rule 129 for the appearance of a witness unless good cause is shown
					 otherwise.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part G - TRANSFER FOR CRIMINAL PROSECUTION › Rule 395 - Procedure to Initiate Criminal Information

Current through Register Vol. 54, No. 28, July 13, 2024
After the court orders the case transferred pursuant to
						Rule 394, these Rules no longer apply and the case shall be governed by the
						Pennsylvania Rules of Criminal Procedure. The attorney for the Commonwealth may
						file an information in accordance with Pa.R.Crim.P. 565.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 3 - PRE-ADJUDICATORY PROCEDURES › Part G - TRANSFER FOR CRIMINAL PROSECUTION › Rule 396 - Bail

Current through Register Vol. 54, No. 28, July 13, 2024
If transfer to criminal proceedings is ordered at the
						conclusion of the transfer hearing, the juvenile court judge shall determine
						bail for the juvenile. The bail rules in the Pennsylvania Rules of Criminal
						Procedure shall apply.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 4 - ADJUDICATORY HEARING › Rule 401 - Introduction to Chapter Four

Current through Register Vol. 54, No. 28, July 13, 2024
Under these rules and the Juvenile Act,
					 42 Pa.C.S. §
											6301
et seq
., a determination for each case requires separate and
					 distinct findings. First, the court is to hold an adjudicatory hearing,
					 governed by Rule 406 or receive an admission from the juvenile of the
					 allegations, governed by Rule 407. Second, after hearing the evidence or
					 receiving an admission, the court is to rule on the offenses pursuant to Rule
					 408, stating with particularity the grading and counts of each offense. Third,
					 after ruling on the offenses or entering its findings, the court is to
					 determine if the juvenile is in need of treatment, supervision, or
					 rehabilitation pursuant to Rule 409. After the court has made these findings
					 and if the court finds that the juvenile is in need of treatment, supervision,
					 or rehabilitation, the court is to hold a dispositional hearing as provided for
					 in Rule 512 and is to enter a dispositional order pursuant to Rule 515. Nothing
					 in these rules precludes the court from making these determinations at the same
					 proceeding as long as the requirements of Rules 406 through 409 are
					 followed.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 4 - ADJUDICATORY HEARING › Rule 404 - Prompt Adjudicatory Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
A.
Detained Juvenile
. If the juvenile is detained, an
				  adjudicatory hearing shall be held within 10 days of the filing of the
				  petition. If the adjudicatory hearing is not held within 10 days, the juvenile
				  shall be released unless the exceptions of Rule 240(D) apply.
B.
Non-detained Juvenile
. If
				  the juvenile is not detained, the adjudicatory hearing shall be held within a
				  reasonable time.
Pennsylvania Code › Title 237 - JUVENILE RULES › Part I - RULES › Subpart A - DELINQUENCY MATTERS › Chapter 4 - ADJUDICATORY HEARING › Rule 405 - Forensic Laboratory Report and Certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Report and Certification In Lieu
				  of Expert Testimony.
(1) If the
				  requirements of this rule have been met, the attorney for the Commonwealth may
				  seek to offer a forensic laboratory report into evidence in lieu of testimony
				  in any adjudicatory hearing of a non-detained juvenile.
(2) The report shall be supported by a
				  certification, as provided in subdivision (e), from the expert who drafted the
				  report and performed the analysis or examination.