1591 Order amending Rules 200 and 404 and adopting new Rule 337 of the Rules of Juvenile Court Procedure; no. 574 Supreme Court Rules doc.?
Title 237—JUVENILE RULES PART I. RULES [ 237 PA. CODE CHS. 2, 3 AND 4 ] Order Amending Rules 200 and 404 and Adopting New Rule 337 of the Rules of Juvenile Court Procedure; No. 574 Supreme Court Rules Doc. [42 Pa.B. 5350]
[Saturday, August 18, 2012]Order Per Curiam
And Now, this 31st day of July, 2012, upon the recommendation of the Juvenile Court Procedural Rules Committee; the proposal having been published for public comment before adoption at 40 Pa.B. 4646 (August 14, 2010), in the Atlantic Reporter (Second Series Advance Sheets, Vol. 997, No. 2, August 20, 2010), and on the Supreme Court's web-page, and an Explanatory Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to Rules 200 and 404 and adoption of new Rule 337 of the Rules of Juvenile Court Procedure are approved in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective November 1, 2012.
Annex A 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 A. COMMENCING PROCEEDINGS Rule 200. Commencing Proceedings.
Juvenile delinquency proceedings within a judicial district shall be commenced by:
* * * * * 4) transfer of a case from a criminal proceeding pursuant to Pa.R.Crim.P. 597 and 42 Pa.C.S. § 6322;
* * * * * Comment * * * * * Under paragraph (4), when a case is transferred from a criminal proceeding pursuant to 42 Pa.C.S. § 6322 to juvenile court, the entire case file is to be transferred. The case file is governed by the disclosure requirements of Rule 160. See Rule 337 for the filing of petition after case has been transferred from a criminal proceeding. See Rule 404 for prompt adjudicatory hearing.
* * * * * Official Note: Rule 200 adopted April 1, 2005, effective October 1, 2005. Amended March 23, 2007, effective August 1, 2007. Amended May 12, 2008, effective immediately. Amended January 23, 2009, effective March 1, 2009. Amended July 31, 2012, effective November 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 200 published with the Court's Order at 42 Pa.B. 5350 (August 18, 2012).
CHAPTER 3. PRE-ADJUDICATORY PROCEDURES PART C. PETITION (Editor's Note: The following rule is new and printed in regular type to enhance readability.)
Rule 337. Filing of Petition after Case has been Transferred from Criminal Proceedings.
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).
C. Conversion of criminal complaint. The criminal complaint shall be converted into a petition when supplemented with the following information and filed with the clerk of courts pursuant to Rule 330(B):
1) the juvenile's date of birth;
2) the names and ages of any conspirators, if known;
3) the name and address of the juvenile's guardian, or if unknown, the name and address of the nearest adult relative;
4) whether the case is eligible pursuant to 42 Pa.C.S. § 6307(b)(1)(i) for limited public information; and
5) the transfer order, including, a statement which provides:
a) it is in the best interest of the juvenile and the public that the proceedings be brought in juvenile court; and
b) the juvenile is amenable to treatment, supervision, or rehabilitation as a juvenile.
Comment When a judge orders the transfer of a juvenile from a criminal proceeding to a juvenile proceeding, the transfer order commences the juvenile delinquency proceeding. See Rule 200(4).
When a juvenile is transferred from a criminal proceeding to a juvenile proceeding, a new petition may be filed but is not necessary if the criminal complaint is converted into a petition when supplemented with the information as provided in paragraph (C). The petition is to be filed with the clerk of courts and the case is to proceed as any other juvenile case following the Rules of Juvenile Court Procedure.
If the juvenile is detained, an adjudicatory hearing is to be held within ten days of the filing of the petition. See also Rule 404.
Official Note: Rule 337 adopted July 31, 2012, effective November 1, 2012.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 337 published with the Court's Order at 42 Pa.B. 5350 (August 18, 2012).
CHAPTER 4. ADJUDICATORY HEARING Rule 404. Prompt Adjudicatory Hearing.
A. Detained juvenile. If the juvenile is detained, an adjudicatory hearing shall be held within ten days of the filing of the petition. If the adjudicatory hearing is not held within ten 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.
C. Juveniles transferred from criminal proceedings. Notwithstanding the provisions of paragraphs (A) and (B), if a petition was filed pursuant to Rule 337, an adjudicatory hearing shall be held within ten days of the filing of the petition.
Official Note: Rule 404 adopted April 1, 2005, effective October 1, 2005. Amended July 31, 2012, effective November 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the amendments to Rule 404 published with the Court's Order at 42 Pa.B. 5350 (August 18, 2012).
EXPLANATORY REPORT July 2012 The Supreme Court of Pennsylvania has adopted the proposed changes to Rules 200 and 404 and new Rule 337 with this Recommendation. The changes are effective November 1, 2012.
Background
Committee members from the Appellate Court, Criminal, and Juvenile Court Procedural Rules Committees were asked to participate in a Joint Ad Hoc Subcommittee with the Juvenile Court Judges' Commission to develop best practices for transferring ''direct file'' cases from criminal proceedings to juvenile proceedings.
The purpose of the Joint Ad Hoc Committee was to make recommendations and develop procedures to smooth the transition of cases from criminal proceedings to juvenile proceedings within the procedural rules.
The majority of the recommendations affect the Rules of Criminal Procedure because procedures for these cases begin in criminal court. See adoption of new Pa.Rs.Crim.P. 595, 596, 597, and 598, and modifications to Pa.Rs.Crim.P. 113, 117, 119, 514, 515, 540, 543, 570, 571, 578, and 1003.
RULE 200—Commencing Proceedings
The citation to the new Pa.R.Crim.P. 597 was placed in paragraph (4) when transferring a case from a criminal proceeding to juvenile proceedings.
In the Comment, the citation for new Pa.R.J.C.P. 337 was referenced, in addition to, Rule 404 for a prompt adjudicatory hearing.
RULE 337—Filing of Petition after Case has been Transferred from Criminal Proceedings
Rather than require a new petition to be filed in every transfer case, this new rule was added to allow the criminal complaint to be converted into the petition when supplemented with the information as mandated by paragraph (C). The requirements of this paragraph are the items that are required in the petition, but which are not required in the criminal complaint. See Pa.R.Crim.P. 504 and Pa.R.J.C.P. 330.
RULE 404—Prompt Adjudicatory Hearing
This rule addition requires that a hearing shall be conducted within ten days of the filing of a petition when a juvenile was transferred from criminal proceedings to juvenile proceedings. See paragraph (C).
[Pa.B. Doc. No. 12-1591. Filed for public inspection August 17, 2012, 9:00 a.m.]
