Section 220. Procedure in Cases Commenced by Arrest Without Warrant

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

2) either:

a) release the juvenile to his or her guardian upon the guardian’s promise to bring the juvenile before the court when requested by the court, unless detention of the juvenile is warranted; or

b) deliver the juvenile before the court or to a detention facility designated by the court; or

c) deliver the juvenile to a medical facility if the juvenile is believed to be suffering from a physical condition or illness that requires prompt treatment.

B. In all cases, the person arresting the juvenile promptly shall submit the written allegation, as required by Rule 231(A)(2).

Comment

The juvenile probation officer can accept juveniles for the court as described in paragraph (A)(2)(b).

The release of the juvenile does not eliminate the requirement of submission of a written allegation. For the general procedures governing written allegations, see Chapter Two, Part (C).

See 42 Pa.C.S. § 6326.

See 42 Pa.C.S. § 6308 for the taking of fingerprints and photographs by law enforcement officers. The arresting officer is to ensure that the fingerprints and photographs are forwarded to the central repository as required by the Pennsylvania State Police. 42 Pa.C.S. § 6309(c).

If a juvenile is detained, the juvenile is to be placed in a detention facility, which does not include a county jail or state prison. See Rule 120 and its Comment for definition of ‘‘detention facility.’’

Official Note

Rule 220 adopted April 1, 2005, effective October 1, 2005. Amended December 24, 2009, effective immediately. Amended June 28, 2013, effective immediately.

Committee Explanatory Reports:

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

Final Report explaining the amendments to Rule 220 published with the Court’s Order at 40 Pa.B. 222 (January 9, 2010).

Final Report explaining the amendments to Rule 220 published with the Court’s Order at 43 Pa.B. 3938 (July 13, 2013).

The provisions of this Rule 220 amended December 24, 2009, effective immediately, 40 Pa.B. 222; amended June 28, 2013, effective immediately, 43 Pa.B. 3938. Immediately preceding text appears at serial page (347589).