Section 394. Transfer Hearing

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.

C. Burden of proof. Unless the provisions of 42 Pa.C.S. § 6355(g)(1) and (2) apply, the attorney for the Commonwealth shall have the burden of establishing:

1) a prima facie case that the juvenile committed a felony delinquent act; and

2) by a preponderance of the evidence that the public interest is served by transfer of the case to criminal proceedings.

D. Findings.

1) Transfer. At the hearing, the court shall transfer the case to the division or a judge assigned to conduct criminal proceedings if the court finds:

a) the juvenile is fourteen years old or older at the time of the alleged delinquent act;

b) notice has been given pursuant to Rule 390;

c) the Commonwealth has met its burden of proof pursuant to paragraph (C); and

d) there are reasonable grounds to believe that the juvenile is not committable to an institution for the mentally retarded or mentally ill.

2) No Transfer. If the required findings of paragraph (D)(1) have not been met, the court shall schedule an adjudicatory hearing pursuant to Rule 404.

Comment

The transfer hearing ordinarily has two phases. The first phase of the transfer hearing is the ‘‘prima facie phase.’’ The court is to determine whether the Commonwealth has established a prima facie showing of evidence that the juvenile committed a delinquent act and if an adult committed the offense, it would be considered a felony. If a prima facie showing of evidence is found, the court proceeds to the second phase, known as the ‘‘public interest phase.’’ During the ‘‘public interest phase,’’ the court is to determine what is in the public’s interest.

In determining public interest, the court is to consider the following factors: 1) the impact of the offense on the victim or victims; 2) the impact of the offense on the community; 3) the threat posed by the juvenile to the safety of the public or any individual; 4) the nature and circumstances of the offense allegedly committed by the juvenile; 5) the degree of the juvenile’s culpability; 6) the adequacy and duration of dispositional alternatives available under the Juvenile Act and in the adult criminal justice system; and 7) whether the juvenile is amenable to treatment, supervision, or rehabilitation as a juvenile by considering the following factors: a) age; b) mental capacity; c) maturity; d) the degree of criminal sophistication exhibited by the juvenile; e) previous records, if any; f) the nature and extent of any prior delinquent history, including the success or failure of any previous attempt by the juvenile court to rehabilitate the juvenile; g) whether the juvenile can be rehabilitated prior to the expiration of the juvenile court jurisdiction; h) probation or institutional reports, if any; and 8) any other relevant factors.

The burden of establishing by a preponderance of evidence that the public interest is served by the transfer of the case to criminal court rests with the Commonwealth unless: 1) a deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions) was used and the juvenile was fourteen years of age at the time of the offense; or the juvenile was fifteen years of age or older at the time of the offense and was previously adjudicated delinquent of a crime that would be considered a felony if committed by an adult; and 2) there is a prima facie case that the juvenile committed a delinquent act that, if committed by an adult, would be classified as rape, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii)(relating to robbery), robbery of motor vehicle, aggravated indecent assault, kidnapping, voluntary manslaughter, an attempt, conspiracy, or solicitation to commit any of these crimes or an attempt to commit murder as specified in paragraph (2)(ii) of the definition of ‘‘delinquent act’’ in 42 Pa.C.S. § 6302. If the preceding criteria are met, then the burden of proof rests with the juvenile. See 42 Pa.C.S. § 6355 and Rule 800 for suspension of a portion of § 6355(g).

For detention time requirements for juveniles scheduled for a transfer hearing, see Rule 391.

Official Note

Rule 394 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended July 18, 2012, effective October 1, 2012. Amended November 21, 2014, effective immediately.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 394 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Final Report explaining the amendments to Rule 394 published with the Court’s Order at 41 Pa.B. 2319 (May 7, 2011).

Final Report explaining the amendments to Rule 394 published with the Court’s Order at 42 Pa.B. 4909 (August 4, 2012).

The provisions of this Rule 394 amended April 21, 2011, effective July 1, 2011, 41 Pa.B. 2319; amended July 18, 2012, effective October 1, 2012, 42 Pa.B. 4909; amended November 21, 2014, effective immediately, 44 Pa.B. 7641. Immediately preceding text appears at serial pages (363281) to (363282).