Section 612. Modification or Revocation of Probation

A. Filing. A motion to modify or revoke probation shall be filed in accordance with Rule 345.

B. Time of Hearing on the Motion.

1) If the juvenile is detained, the hearing on the motion shall be held within ten days of the detention hearing.

2) If the juvenile is not detained, the hearing on the motion shall be held promptly.

C. Modification. If the court modifies the dispositional order, the court shall state the grounds for the modification and shall issue a new dispositional order in accordance with Rule 515.

D. Advanced Communication Technology. A court may utilize advanced communication technology pursuant to Rule 129 for a juvenile or a witness unless good cause is shown otherwise.

Comment

A juvenile should be afforded due process before probation can be revoked. Cf. Gagnon v. Scarpelli, 411 U. S. 778 (1973); Morrissey v. Brewer, 408 U. S. 471 (1972). A juvenile’s probation cannot be revoked simply on the grounds of hearsay evidence. In re Davis, 586 A.2d 914 (Pa. 1991).

If a juvenile is over the age of eighteen, under the age of twenty-one, and is alleged to have violated the terms of probation, the juvenile, if detained, is to be placed in a detention facility. See Rule 120 and its Comment for definitions of ‘‘detention facility,’’ which does not include a county jail or state prison, and ‘‘juvenile,’’ which includes a person who has attained ten years of age and is not yet twenty-one years of age who is alleged to have committed a delinquent act before reaching eighteen years of age or who is alleged to have violated the terms of juvenile probation prior to termination of juvenile court supervision.

For detention procedures, see Rules 240 through 243.

For dispositional orders, see Rule 515.

For the use of advanced communication technology, see Rule 129.

Official Note

Rule 612 adopted April 1, 2005, effective October 1, 2005. Amended March 5, 2013, effective immediately. Amended June 28, 2013, effective immediately.

Committee Explanatory Reports:

Final Report explaining the amendments to Rule 612 published with the Court’s Order at 43 Pa.B. 1551 (March 23, 2013).

Final Report explaining the amendments to Rule 612 published with the Court’s Order at 43 Pa.B. 3938 (July 13, 2013).

The provisions of this Rule 612 amended March 5, 2013, effective immediately, 43 Pa.B. 1551; amended June 28, 2013, effective immediately, 43 Pa.B. 3938. Immediately preceding text appears at serial page (366246).