Section 391. Time Restrictions for Detention of Juveniles Scheduled for Transfer Hearing

A. Generally. The detention requirements of Rules 240, 241, 242, and 243 shall be followed for juveniles scheduled for a transfer hearing except for the time restrictions provided in paragraph (B) of this rule.

B. Time Restrictions. If the transfer hearing is not held within ten days of the filing of the notice of request for transfer to criminal proceedings, the juvenile shall be released except as provided in paragraphs (B)(1) and (B)(2).

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

a) that evidence material to the case is unavailable, including a psychological or psychiatric evaluation;

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

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

d) that the detention of the juvenile would be warranted.

2) A juvenile may be detained for successive ten-day intervals if the result of 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

The filing of a request for transfer to criminal proceedings resets the ten-day clock for a hearing for the juvenile in detention. The transfer hearing is to be held within ten days of the filing of a request for transfer to criminal proceedings, not ten days from the date of detention for the juvenile. This time requirement is different than the time requirement for the adjudicatory hearing under Rule 240(D). See Rule 800.

Under Paragraph (B)(1), the case may be extended for only one single period of ten days. However, under paragraph (B)(2) when the juvenile causes delay, the case may be extended for successive ten-day intervals.

Official Note

Rule 391 adopted April 1, 2005, effective October 1, 2005.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 391 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).