Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart A - DELINQUENCY MATTERS
Chapter 3 - PRE-ADJUDICATORY PROCEDURES
Part G - TRANSFER FOR CRIMINAL PROSECUTION
Rule 394 - Transfer Hearing

Universal Citation: 237 PA Code ยง 394

Current through Register Vol. 54, No. 44, November 2, 2024

A. Scheduling. The court shall conduct a transfer hearing no earlier than three days after the notice of request for transfer to criminal proceedings is served unless this time requirement is waived.

B. Advanced communication technology.

1) Juvenile. A court may utilize advanced communication technology pursuant to Rule 129 for the appearance of the juvenile only if the parties consent.

2) Witness. A court may utilize advanced communication technology pursuant to Rule 129 for the appearance of a witness unless good cause is shown otherwise.

C. Burden of proof. Unless the provisions of 42 Pa.C.S. § 6355(g)(1) and (2) apply, the attorney for the Commonwealth shall have the burden of establishing:

1) a prima facie case that the juvenile committed a felony delinquent act; and

2) by a preponderance of the evidence that the public interest is served by transfer of the case to criminal proceedings.

D. Findings.

1) Transfer. At the hearing, the court shall transfer the case to the division or a judge assigned to conduct criminal proceedings if the court finds:
a) the juvenile is fourteen years old or older at the time of the alleged delinquent act;

b) notice has been given pursuant to Rule 390;

c) the Commonwealth has met its burden of proof pursuant to paragraph (C); and

d) there are reasonable grounds to believe that the juvenile is not committable to an institution for the mentally retarded or mentally ill.

2) No Transfer. If the required findings of paragraph (D)(1) have not been met, the court shall schedule an adjudicatory hearing pursuant to Rule 404.

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