Section 311. Intake Conference

A. Generally. The juvenile probation officer may conduct an intake conference to determine what further action, if any, should be taken.

B. Juvenile probation officer’s duties. Before proceeding with an intake conference, the juvenile probation officer shall:

1) provide a copy of the written allegation to the juvenile, the juvenile’s guardian, if present, and the juvenile’s attorney, if present; and

2) inform the juvenile and the juvenile’s guardian, if present, of the juvenile’s rights; and

3) afford the victim the opportunity to offer prior comment on the disposition of the case if informal adjustment or an alternative resolution of the case is being considered.

C. Rescheduling. If a juvenile fails to appear for an intake conference, the juvenile probation officer may attempt to reschedule the conference.

D. Bench Warrants.

1) If the juvenile fails to appear for an intake conference, the juvenile probation officer may notify the court that the juvenile has failed to appear for the conference.

2) If a judge finds that sufficient notice of the intake conference was given, the judge may issue a bench warrant. The judge may not find notice solely based on first-class mail service.

3) If a bench warrant is issued, the case shall proceed pursuant to Rules 140 and 240.

E. Notice, motion, and hearing.

1) The juvenile probation officer shall provide the attorney for the Commonwealth with notice of the decision resulting from the intake conference.

2) Within a reasonable time of receiving the notice, the attorney for the Commonwealth may file a motion requesting review by the court of the juvenile probation officer’s action.

3) The court shall conduct a hearing on the motion.

Comment

Under paragraph (A), in making a decision, the juvenile probation officer should balance the interests of the victim and protection of the community, imposition of accountability on the juvenile for offenses committed, and the development of competencies for the juvenile. See 42 Pa.C.S. § 6301. The juvenile probation officer should consult with the victim, the attorney for the Commonwealth, the juvenile, the juvenile’s attorney, if present, and the juvenile’s guardian to determine how the case should be handled. See Victim’s Bill of Rights, 18 P. S. § 11.201 et seq.

For the statutory protections concerning statements made by the juvenile, see 42 Pa.C.S. § 6323(e).

Pursuant to paragraphs (C) and (D), if a juvenile fails to appear for an intake conference, juvenile probation officers should use their discretion in determining whether to reschedule the intake conference or ask the court to issue a bench warrant.

Pursuant to paragraph (D)(2), in determining sufficient notice, the judge may not find notice solely based on first-class mail service. See also Rule 140(A)(2) and its Comment.

Under paragraph (E), it is anticipated that the attorney for the Commonwealth should consult with the juvenile probation officer before any court action.

Nothing in these rules is intended to confer a right upon any person, not already afforded by law, to attend an intake conference. If the attorney for the Commonwealth objects pursuant to paragraph (E)(2), 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 (E)(3). The victim may be present at the hearing on the objections 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.

Official Note

Rule 311 adopted April 1, 2005, effective October 1, 2005. Amended September 30, 2009, effective January 1, 2010. Amended May 26, 2011, effective July 1, 2011.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 311 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Final Report explaining the amendments to Rule 311 with the Court’s Order at 39 Pa.B. 6029 (October 17, 2009).

Final Report explaining the amendments to Rule 311 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).

The provisions of this Rule 311 amended September 30, 2009, effective January 1, 2010, 39 Pa.B. 6029; amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180. Immediately preceding text appears at serial pages (347598) and (348305) to (348306).