Section 240. Detention of Juvenile

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.

B. Filing of petition. The release of the juvenile shall not prevent the subsequent filing of a petition.

C. Prompt hearing. If the juvenile is not released, a detention hearing shall be held no later than seventy-two hours after the juvenile is placed in detention.

D. Time restrictions. Except as provided in paragraphs (D)(1) and (D)(2), if the adjudicatory hearing is not held or notice of request for transfer is not submitted within the ten-day period as specified in Rules 391 and 404, the juvenile shall be released.

1) A juvenile may be detained for an additional single period not to exceed ten days when the court determines that:

a) evidence material to the case is unavailable;

b) due diligence to obtain such evidence has been exercised;

c) there are reasonable grounds to believe that such evidence will be available at a later date; and

d) the detention of the juvenile would be warranted.

2) A juvenile may be detained for successive ten-day intervals if the delay is caused by the juvenile. The court shall state on the record if failure to hold the hearing resulted from delay caused by the juvenile. Delay caused by the juvenile shall include, but not be limited to:

a) delay caused by the unavailability of the juvenile or the juvenile’s attorney;

b) delay caused by any continuance granted at the request of the juvenile or the juvenile’s attorney; or

c) delay caused by the unavailability of a witness resulting from conduct by or on behalf of the juvenile.

Comment

If a juvenile is detained, the guardian should be notified immediately. See Rules 220 (Procedures in Cases Commenced by Arrest Without Warrant) and 313(B) (Taking into Custody from Intake) for notification of the guardian.

Under paragraph (D)(2), if the juvenile causes delay, the juvenile may continue to be held in detention. The additional period of detention should not exceed ten days. The court may continue such detention for successive ten-day intervals if the juvenile caused the delay. The time restrictions of paragraph (D) apply to a juvenile who is placed in detention, even if previously released.

For time restrictions on detention for juveniles scheduled for a transfer hearing to criminal proceedings, see Rule 391.

For statutory provisions on detention, see 42 Pa.C.S. § § 6325, 6331, 6335. For the Juvenile Court Judges Commission’s Detention Standards, see 37 Pa. Code § 200.101 et seq. (2003).

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 240 adopted April 1, 2005, effective October 1, 2005. Amended June 28, 2013, effective immediately.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 240 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Final Report explaining the amendments to Rule 240 published with the Court’s Order at 43 Pa.B. 3938 (July 13, 2013).

The provisions of this Rule 240 amended June 28, 2013, effective immediately, 43 Pa.B. 3938. Immediately preceding text appears at serial pages (347594) and (363275) to (363276).