Current through Register Vol. 54, No. 44, November 2, 2024
A.
Submission. In every delinquency case, the law enforcement
officer shall submit a written allegation to the juvenile probation office.
1)
Juvenile not under
arrest. When a juvenile is not under arrest, a written allegation
shall be submitted to the juvenile probation office and a copy shall be
forwarded to the attorney for the Commonwealth unless the District Attorney
elects to require initial receipt and approval of the written allegation under
paragraph (B).
2)
Juvenile
under arrest. When a juvenile is under arrest, a written allegation
shall be submitted promptly to the court or detention facility, and copies
shall be immediately forwarded to the juvenile probation office and the
attorney for the Commonwealth unless the District Attorney elects to require
initial receipt and approval of the written allegation under paragraph (B)
.
B.
Approval by
the District Attorney. The District Attorney of any county may require
initial receipt and approval of written allegations by an attorney for the
Commonwealth before a delinquency proceeding is commenced.
1)
Certification. If the
District Attorney elects to require initial receipt and approval of written
allegations in his or her county, the District Attorney shall file a
certification with the court of common pleas. The certification shall
specifically state the classes, grading, or types of cases that the police
officer shall submit to the attorney for the Commonwealth.
2)
Timeliness. All written
allegations shall be approved or disapproved without unreasonable delay. An
attorney for the Commonwealth shall be available at all times for this purpose
unless the District Attorney has specified otherwise in the certification
pursuant to (B)(1).
C.
Procedures Following the Attorney for the Commonwealth's
Approval.
1)
Juvenile not
under arrest. If a juvenile is not under arrest and an attorney for
the Commonwealth approves the written allegation, notice of the approval and a
copy of the written allegation shall be forwarded immediately to the juvenile
probation office.
2)
Juvenile under arrest. If a juvenile is under arrest, the
written allegation shall be submitted to the attorney for the Commonwealth and
approved prior to taking the juvenile to a detention facility. If the written
allegation is approved, it shall be submitted promptly to the court or
detention facility. A copy of the notice of the approval and the written
allegation shall be forwarded to the juvenile probation office.
D.
Attorney for the
Commonwealth's Disapproval. If the written allegation has been
disapproved for prosecution, it shall nevertheless be transmitted to the
juvenile probation office with notice of the disapproval. If the juvenile is in
custody, the juvenile shall be released immediately unless there are other
grounds for the juvenile's detention.
