Section 631. Termination of Court Supervision

A. Notice. The juvenile probation officer shall promptly notify the court when the conditions of probation have been satisfied. The court shall decide if supervision should be terminated. The notice shall set forth:

1) The juvenile has completed the terms of the court’s dispositional order;

2) Restitution, fines, and costs have been paid in full; and

3) The juvenile has not committed any new offenses in which a criminal proceeding or proceeding governed by the Juvenile Act, 42 Pa.C.S. § 6301 et seq., may be commenced.

B. Objection. Any party may object to the notice under paragraph (A) and request a hearing. Such objection shall be made within thirty days of receipt of the notice; otherwise, objections are deemed waived.

C. Hearing. If objections have been made under paragraph (B), the court shall hold a hearing and give each party an opportunity to be heard before the court enters its final order.

D. Termination. When the requirements of paragraphs (A) through (C) have been met and the court is satisfied that the juvenile has carried out the terms of the dispositional order, the court may discharge the juvenile from its supervision.

Comment

For procedures on filing and service of the notice under paragraph (A), see Rule 345. For procedures on the dispositional order, see Rule 515. See also, 42 Pa.C.S. § 6352.

If the attorney for the Commonwealth objects pursuant to paragraph (B), the court is to conduct a hearing on the motion. The attorney for the Commonwealth or its designee is to notify the victim of the date, time, place, and purpose of the hearing conducted pursuant to paragraph (C). 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 Victim’s Bill of Rights, 18 P. S. § 11.201 et seq.

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 collection of restitution, see 42 Pa.C.S. § 9728.

See Rule 632 for early termination of court supervision by motion.

Official Note

Rule 613 adopted April 1, 2005, effective October 1, 2005. Renumbered Rule 631 and amended February 26, 2008, effective April 1, 2008. Amended May 26, 2011, effective July 1, 2011.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 613 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Final Report explaining the renumbering of 613 to 631 and amendments to Rule 631 published with the Court’s Order at 38 Pa.B. 1146 (March 8, 2008).

Final Report explaining the amendments to Rule 631 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).

The provisions of Rule 631 amended February 26, 2008, effective April 1, 2008, 38 Pa.B. 1146; amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180. Immediately preceding text appears at serial pages (357316) and (332739).