Rule 141. Bench Warrants for Absconders

(a) Issuance of Warrant . The juvenile probation officer shall immediately notify the court upon notification or recognition that a juvenile has absconded from the supervision of the court. The court may issue a bench warrant for the juvenile.

(b) Entry of Warrant Information . Upon being notified by the court, the juvenile probation officer or other court designee shall enter or request that a law enforcement officer enter the bench warrant in all appropriate registries.

(c) Detention . The juvenile shall be detained, pending a hearing pursuant to subdivision (d), in a detention facility or other facility either designated in the bench warrant or directed by the court at the time the juvenile is taken into custody. If the juvenile is taken into custody in a county other than the county of issuance, the juvenile shall be transported back to the county of issuance prior to the hearing pursuant to subdivision (d).

(d) Prompt Hearing.

(1) The juvenile shall have a detention hearing within 72 hours of the placement in detention.

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

(e) Time Requirements . The time requirements of Rules 240, 391, 404, 510, and 605 shall be followed.

(f) Notification of Guardian . When the juvenile is taken into custody pursuant to a bench warrant, the arresting officer shall immediately notify the juvenile’s guardian of the juvenile’s whereabouts and the reasons for the issuance of the bench warrant.

(g) Return and Execution of Warrant .

(1) The bench warrant shall be executed without unnecessary delay.

(2) The bench warrant shall be returned to the judge who issued the warrant or to the judge designated by the President Judge to hear bench warrants.

(3) When the bench warrant is executed, the arresting officer shall immediately execute a return of the warrant with the judge.

(4) Upon the return of the warrant, the judge shall vacate the bench warrant.

(5) Once the warrant is vacated, the court shall order the probation officer or other court designee to remove or request that a law enforcement officer remove the warrant from all appropriate registries.

Comment. Pursuant to subdivision (a), the court may issue a bench warrant if a juvenile: 1) escapes from a placement facility, detention facility, shelter care facility, foster-care, or other court-ordered program or placement; 2) fails to report to juvenile probation; 3) cannot be located by juvenile probation; or 4) otherwise leaves the jurisdiction of the court. Pursuant to subdivision (b), the court is to notify the juvenile probation officer or another court designee to enter or request that a law enforcement officer enter the bench warrant in all appropriate registries, such as JNET, CLEAN, PCIC, and NCIC. Subdivision (c) is intended to permit, as an option, the warrant to contain contact information so the court can designate where the juvenile should be taken after the juvenile is apprehended. The information allows the arresting officer to contact the court or the court’s designee to ascertain where the juvenile should be detained based on current availability within facilities. Pursuant to subdivisions (d)(1) and (e), the time requirements of the Rules of Juvenile Court Procedure are to apply, including the 72-hour detention hearing. See, e.g. , Pa.R.J.C.P. 240, 391, 404, 510, and 605. The ‘‘judge’’ in subdivision (g)(3) is the judge who issued the warrant or the judge designated by the President Judge to hear warrants pursuant to subdivision (g)(2). ‘‘Vacated,’’ as used in subdivision (g)(4), denotes that the bench warrant has been served, dissolved, executed, dismissed, canceled, returned, or any other similar language used by the judge to terminate the warrant. The bench warrant is no longer in effect once it has been vacated. The intent of subdivision (g)(5) is to prevent the juvenile from being taken into custody on the same warrant if the juvenile is released.