37 Pa. Code § 200.101 - Preadjudication detention. (See Pa.R.J.C.P. 242(D), 391 and 404(A))
(a) Within 72 hours
of the admission of a juvenile to secure detention, the informal detention
hearing shall be held.
(b) If a
juvenile remains detained after the hearing, a petition shall be filed with the
clerk of courts within 24 hours or the next court business day.
(c) If a juvenile is detained, an
adjudication hearing shall be held no later than 10 days after the filing of
the petition.
(d) Except as
provided in paragraphs (1) and (2), if the adjudicatory hearing is not held or
notice of request for transfer is not submitted within the 10-day period, the
juvenile shall be released.
(1) A juvenile may
be detained for an additional single period not to exceed 10 days when the
court determines that the following exist:
(i)
Evidence material to the case is unavailable.
(ii) Due diligence to obtain the evidence has
been exercised.
(iii) There are
reasonable grounds to believe that the evidence will be available at a later
date.
(iv) The detention of the
juvenile would be warranted.
(2) A juvenile may be detained for successive
10-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 includes, but is not be limited to, one
or more of the following:
(i) Delay caused by
the unavailability of the juvenile or the juvenile's attorney.
(ii) Delay caused by any continuance granted
at the request of the juvenile or the juvenile's attorney.
(iii) Delay caused by the unavailability of a
witness resulting from conduct by or on behalf of the juvenile.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.