Subchapter A. STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT


Sec.


Preamble.
200.1.    Scope.
200.2.    Statement of reasons requirement.
200.3.    Detention required to protect the person or property of others or of the juvenile.
200.4.    Detention required because the juvenile may abscond or be removed from the jurisdiction of the court.
200.5.    Detention required because the juvenile has no parent, guardian or custodian.
200.6.    Postadjudication detention pending disposition.
200.7.    Postdisposition detention awaiting placement.
200.8.    Detention pending or subsequent to a dispositional review proceeding.
200.9.    Authorization for detention in cases of extraordinary and exceptional circumstances.

Source

   The provisions of this Subchapter A amended April 13, 2007, effective April 14, 2007, 37 PaB. 1651. Immediately preceeding text appear at serial pages (318919) to (319920) and (290295) to (290299).

Preamble


 

   The purpose of Pennsylvania’s juvenile justice system is to provide programs of supervision, care and rehabilitation which are consistent with the protection of the public interest and which provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable juveniles who come within the jurisdiction of the court to become responsible and productive members of the community.

   Secure detention services must be understood within the context of the services available within the juvenile justice system, and within the broader context of the purpose of the system, and of the juvenile justice process. A juvenile admitted to a juvenile detention center is provided access to a wide range of services, custody, supervision and assessments.

   The ‘‘Standards Governing the Use of Secure Detention Under The Juvenile Act’’ adopted by the Juvenile Court Judges’ Commission were developed with an understanding that overcrowding in juvenile detention centers presents danger to both residents and staff and can severely disrupt programs and services. Consequently, juvenile court judges and chief juvenile probation officers should take a leadership role in advocating for adequate juvenile detention services and alternatives, in monitoring detention center populations at the local level, and in developing strategies to be undertaken as facilities approach capacity.

   These standards were also developed on the premise that decisions regarding admissions to secure detention facilities must be based on a commitment to utilize the most appropriate level of care consistent with the circumstances of the individual case. When the admission of a juvenile to a secure detention facility is being considered by a judge, master or juvenile probation officer, preference should be given to nonsecure alternatives which could reduce the risk of flight or danger to the juvenile or community.

§ 200.1. Scope.

 (a)  These standards shall be applied in determining whether a juvenile who is alleged to be or has been found to be delinquent may be detained. A juvenile who is alleged to be or has been found to be a dependent child may not be detained in a secure detention facility unless the child is also alleged to be or has been found to be delinquent.

 (b)  Even though eligibility criteria may indicate that a particular juvenile may be detained, detention is not mandatory. In every situation in which secure detention is to be considered, forms of control short of secure detention which could substantially reduce the risk of flight or danger to the juvenile or the community shall be given preference.

 (c)  Preadjudication detention may never be imposed as a means of punishment or to apply sanctions.

 (d)  Secure detention is not to be used when a juvenile alleged to be delinquent cannot be released solely because there is no parent, guardian or custodian able to assume responsibility or adequately supervise the juvenile.

§ 200.2. Statement of reasons requirement.

 (a) If secure detention is ordered or authorized, except as provided in subsections (b) and (c), whether at intake or at a detention or other hearing before a juvenile court judge or juvenile court master, a contemporaneous written statement of reasons and facts shall accompany the detention decision specifying the following:

   (1)  There is a reasonable basis to believe that the juvenile has committed the act for which he is being detained—in the case of judicial authorities, that probable cause exists—and that the juvenile is not excluded from the jurisdiction of juvenile court by age or another reason.

   (2)  The juvenile’s detention is permitted under this subchapter.

   (3)  The alternatives to secure detention which were considered and rejected.

   (4)  The reason or reasons why secure detention is required and alternatives are not appropriate. Separate reasons need not be given for each alternative considered.

 (b)  If secure detention is ordered after the juvenile is found to have committed a delinquent act but prior to the court’s determination that residential placement will be ordered at disposition, the court shall indicate on the record or in a court order why secure detention is required and alternatives are not appropriate. Separate reasons need not be given for each alternative considered.

 (c)  Once the court has determined that residential placement will be ordered or continued, if previously ordered, no statement of reasons is required regarding the use of secure detention pending placement.

§ 200.3. Detention required to protect the person or property of others or of the juvenile.

 A juvenile may not be detained in secure detention under 42 Pa.C.S. § §  6325, 6326 and 6331 (relating to detention of child; release or delivery to court; and release from detention or commencement of proceedings) for the purpose of protecting the person or property of others or of the juvenile unless one of the following exists:

   (1)  The juvenile is alleged to be delinquent on the basis of acts which would constitute the commission of, conspiracy, solicitation or an attempt to commit any of the following crimes:

     (i)   Criminal homicide, 18 Pa.C.S. §  2502, §  2503 or §  2504 (relating to murder; voluntary manslaughter or involuntary manslaughter).

     (ii)   Rape, 18 Pa.C.S. §  3121 (relating to rape).

     (iii)   Robbery, 18 Pa.C.S. §  3701 (relating to robbery).

     (iv)   Robbery of motor vehicle, 18 Pa.C.S. §  3702 (relating to robbery of motor vehicle).

     (v)   Aggravated assault, 18 Pa.C.S. §  2702 (relating to aggravated assault).

     (vi)   Statutory sexual assault, 18 Pa.C.S. §  3122.1 (relating to statutory sexual assault).

     (vii)   Involuntary deviate sexual intercourse, 18 Pa.C.S. §  3123 (relating to involuntary deviate sexual intercourse).

     (viii)   Sexual assault, 18 Pa.C.S. §  3124.1 (relating to sexual assault).

     (ix)   Aggravated indecent assault, 18 Pa.C.S. §  3125 (relating to aggravated indecent assault).

     (x)   Kidnapping, 18 Pa.C.S. §  2901 (relating to kidnapping).

     (xi)   Arson, 18 Pa.C.S. §  3301 (relating to arson and related offenses).

     (xii)   Burglary, 18 Pa.C.S. §  3502 (relating to burglary) involving a structure adapted for overnight accommodation.

     (xiii)   Terroristic threats, 18 Pa.C.S. §  2706 (relating to terroristic threats).

     (xiv)   Stalking, 18 Pa.C.S. §  2709.1 (relating to stalking).

     (xv)   Causing or risking catastrophe, 18 Pa.C.S. §  3302 (relating to causing or risking catastrophe).

     (xvi)   Riot, 18 Pa.C.S. §  5501 (relating to riot).

     (xvii)   Felonious violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780-101—780-143).

     (xviii)   Felonious intimidation of witnesses or victims, 18 Pa.C.S. §  4952 (relating to intimidation of witnesses or victims).

     (xix)   Felonious retaliation against witness, victim or party, 18 Pa.C.S. §  4953 (relating to retaliation against witness, victim or party).

   (2)  The juvenile is alleged to be delinquent on the basis of an offense which involved the use or possession of a firearm or explosives, or an offense—other than mere possession—which involved the use or possession of a deadly weapon—other than a firearm or explosives—as defined in 18 Pa.C.S. §  2301 (relating to definitions).

   (3)  The juvenile is alleged to be delinquent on the basis of an offense which is classified as a felony and one of the following exists:

     (i)   The juvenile is currently on probation, being supervised under a consent decree, or otherwise under the supervision of the court following an adjudication of delinquency.

     (ii) The juvenile has been found to be delinquent within the preceding 18 months.

   (4) The juvenile is alleged to be delinquent and is in violation of conditions of house arrest, in-home detention, electronic monitoring, shelter care or other nonsecure placement, ordered or authorized as an alternative to secure detention.

   (5) The juvenile is on probation or is otherwise under the supervision of a court following an adjudication of delinquency, based on a felony, and is alleged to have committed a delinquent act or to have twice violated technical conditions of probation or other postadjudication supervision.

   (6) The juvenile or juvenile’s attorney has voluntarily and in writing requested placement in secure detention for the protection of the juvenile, in which case immediate release shall occur upon the request of the juvenile or attorney.

Cross References

   This section cited in 37 Pa. Code §  200.6 (relating to postadjudication detention pending disposition); and §  200.7 (relating to postdisposition detention awaiting placement).

§ 200.4. Detention required because the juvenile may abscond or be removed from the jurisdiction of the court.

 A juvenile may not be detained in secure detention under 42 Pa.C.S. § §  6325, 6326 and 6331 (relating to detention of child; release or delivery to court; and release from detention or commencement of proceedings) because the juvenile may abscond or be removed from the jurisdiction of the court unless one of the following occurs:

   (1)  The juvenile is an absconder from an institution or other placement to which the juvenile was committed as a result of a previous adjudication of delinquency.

   (2)  The juvenile has willfully failed to appear at the hearing on the petition or other hearing after having been served with a court order or summons to appear.

   (3)  The juvenile has a recent demonstrable record of willful failure to appear at previous juvenile proceedings.

   (4)  The juvenile has been verified to be a fugitive from another jurisdiction, an official from which has requested that the juvenile be detained.

   (5)  The juvenile absconded from secure detention, shelter care, in-home detention, house arrest or other nonsecure placement, or while subject to electronic monitoring, ordered or authorized pending a court hearing or placement.

   (6)  The juvenile presents extraordinary circumstances requiring secure detention to prevent the juvenile from absconding. The circumstances may include, but are not limited to, the juvenile’s age, character, mental condition, ties to the community, the nature of the juvenile’s family relationships, drug or alcohol addiction or substance abuse.

Cross References

   This section cited in 37 Pa. Code §  200.4 (relating to detention required because the juvenile may abscond or be removed from the juristiction of the court); and 37 Pa. Code §  200.7 (relating to postdisposition detention awaiting placement).

§  200.5. Detention required because the juvenile has no parent, guardian or custodian.

 A juvenile may not be detained in secure detention under 42 Pa.C.S. § §  6325, 6326 and 6331 (relating to detention of child; release or delivery to court; and release from detention or commencement of proceedings) solely because the juvenile has no parent, guardian, custodian or other person able to provide supervision and care and capable of returning the juvenile to the court when required.

§  200.6. Postadjudication detention pending disposition.

 A juvenile whom the court has found to have committed the act by reason of which the juvenile was alleged to be delinquent or whom the court has found to be delinquent may not be held in secure detention pending disposition unless one of the following exists:

   (1)  The adjudication or finding was based on an offense for which detention was or could have been authorized or ordered under §  200.3 (relating to detention required to protect the person or property of others or of the juvenile).

   (2)  The juvenile was initially detained, was eligible for detention, or, based on more recent information, would now be eligible for detention under §  200.4 (relating to detention required because the juvenile may abscond or be removed from the jurisdiction of the court) and the court determines detention to be required.

   (3)  The court has determined that placement of the juvenile at disposition is probable and continued detention is required prior to disposition based upon consideration of the following factors:

     (i)   The nature of the substantiated offense.

     (ii)   The juvenile’s employment and student status.

     (iii)   The nature of the juvenile’s family relationships.

     (iv)   The juvenile’s past and present residences.

     (v)   The juvenile’s age, character, mental condition, previous juvenile record, and drug or alcohol addiction or substance abuse.

     (vi)   If the juvenile has previously been released pending a court proceeding, whether the juvenile appeared as required.

     (vii)   Other facts relevant to whether the juvenile has strong ties with the community or is likely to flee the jurisdiction.

Cross References

   This section cited in §  200.7 (relating to postdisposition detention awaiting placement); and §  200.8 (relating to detention pending or subsequent to a dispositional review proceeding).

§ 200.7. Postdisposition detention awaiting placement.

 A delinquent juvenile whom the court has committed to an institution or other placement, who was otherwise ordered removed from his home at disposition may not be held in secure detention pending transfer to the placement unless one of the following exists:

   (1)  The juvenile was found to be delinquent on the basis of an offense for which detention would be permitted under §  200.3 (relating to detention required to protect the person or property of others or of the juvenile).

   (2)  The juvenile was initially detained, was eligible for detention, or based on more recent information, would now be eligible for detention, under §  200.4 (relating to detention required because the juvenile may abscond or be removed from the jurisdiction of the court).

   (3)  The juvenile is awaiting placement in a Youth Development Center secure unit or other secure residential treatment program.

   (4)  The juvenile is awaiting placement and the court has determined that secure detention is required pending transfer to the placement based upon consideration of the factors delineated in §  200.6(3) (relating to postadjudication detention pending disposition).

§ 200.8. Detention pending or subsequent to a dispositional review proceeding.

 A juvenile may not be detained in secure detention pending or subsequent to a dispositional review proceeding unless one of the following occurs:

   (1)  The juvenile is in placement or is awaiting transfer to a Youth Development Center secure unit or other secure residential treatment program.

   (2)  The juvenile was returned from placement for failure to adjust.

   (3)  Secure detention is otherwise required based upon consideration of the factors delineated in §  200.6(3) (relating to postadjudication detention pending disposition).

§ 200.9. Authorization for detention in cases of extraordinary and exceptional circumstances.

 (a)  A juvenile may be detained in secure detention even if this subchapter does not otherwise authorize detention if the following are met:

   (1)  The facts present extraordinary and exceptional circumstances which require the use of secure detention.

   (2)  A statement of reasons accompanying the detention includes an explanation of why an exception was warranted and why nonsecure options were rejected.

 (b)  Detention under this section may not be authorized routinely or because nonsecure alternatives do not exist in adequate numbers, but only in the exceptional and extraordinary case.

 (c)  Secure detention is not to be used when a juvenile alleged to be delinquent cannot be released solely because there is no parent, guardian or custodian able to assume responsibility or adequately supervise the juvenile.



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