Rule 391. Time Restrictions for Detention of Juveniles Scheduled for Transfer Hearing

A. Generally. The detention requirements of Rules 240, 241, 242, and 243 shall be followed for juveniles scheduled for a transfer hearing.

B. Time Restrictions . If the transfer hearing is not held within 10 days of the filing of the notice of request for transfer to criminal proceedings, the juvenile shall be released unless the exceptions of Rule 240(D) apply.

Comment

The filing of a request for transfer to criminal proceedings resets the 10-day clock for a hearing for the juvenile in detention. The transfer hearing is to be held within 10 days of the filing of a request for transfer to criminal proceedings, not 10 days from the date of detention for the juvenile. This time requirement is different than the time requirement for the adjudicatory hearing under Rule 240(D). See Rule 800.

Official Note

Rule 391 adopted April 1, 2005, effective October 1, 2005. Amended November 30, 2021, effective April 1, 2022.

Committee Explanatory Reports :

Final Report explaining the provisions of Rule 391 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).

Final Report explaining the amendments to Rule 391 published with the Courts’ Order at 51 Pa.B. 7629 (December 11, 2021).