Clin. Cnty. Pa. 301(A)

As amended through December 4, 2023

Rule 301(A) - Diversionary Programs Cyber Harassment of Child and Transmission of Sexually Explicit Images by Minor

(1) Pursuant to 18 Pa.C.S. § 2709(a.1)(2) any juvenile charged with a violation of 18 Pa.C.S. § 2709(a)(1), (2) or (3) graded as summary offense may be placed into a diversionary program as described in subsection (4) below.

(2) Pursuant to 18 Pa.C.S. § 2709(a.1)(2) and juvenile charged with a violation of 18 Pa.C.S. § 2709 (a)(1, (2), (3), (4), (5), (6), or (7) or (a.1) graded as misdemeanor of the third degree or higher, the Court may process the juvenile pursuant to Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or Pa.R.J.C.P. No. 370 (relating to Consent Decree).

(3) If a juvenile is placed into a diversionary program for a summary offense and violates said diversionary program, the juvenile shall be certified to the Office of Juvenile Probation which shall initially consider a recommendation to the Court to process the juvenile pursuant to Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or Pa.R.J.C.P. No. 370 (relating to Consent Decree).

(4) All diversionary programs for an offense under 18 Pa.C.S. § 2709 will be:

(a) administered by the Office of Juvenile Probation; and

(b) include the legal and non-legal consequences of cyber harassment.

(5) If a juvenile completes the diversionary program, the Office of Juvenile Probation shall forward to the Court appropriate documents to expunge the record of the Juvenile.

(1) Pursuant to 18 Pa.C.S. § 6321(f) any juvenile charged with a violation of 18 Pa.C.S. § 6321 graded as a summary offense may be placed into a diversionary program as described in subsection (4) below.

(2) Pursuant to 18 Pa.C.S. § 6321(f) any juvenile charged with a violation of 18 Pa. C.S.§ 6321 grades as a misdemeanor of the third degree or higher, the Court may process the juvenile pursuant to Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or Pa.R.J.C.P. No.370 (relating to Consent Decree).

(3) If a juvenile is placed into a diversionary program for a summary offense and violates said diversionary program, the juvenile shall be certified to Office of Juvenile Probation which shall initially consider a recommendation to the Court to process the juvenile pursuant to Pa.R.J.C.P. No. 312 (relating to Informal Adjustment) or Pa.R.J.C.P. No. 370 (relating to Consent Decree).

(4) All diversionary programs for an offense under 18 Pa.C.S. § 6321 will be:

(1) administered by the Office of Juvenile Probation; and

(2) include the legal and non-legal consequences of sharing sexually explicit images.

(5) If a juvenile completes the diversionary program, the Office of Juvenile Probation shall forward to the Court appropriate documents to issue an Order ot expunge the record of the juvenile.

C Magisterial District Judges shall use the attached form when referring any juvenile to Office of Juvenile Procedure for participation in above described diversionary programs.

REFERRAL FORM FOR DIVERSIONARY PROGRAM

REFERRED TO: Office of Juvenile Probation

SECTION I (to be completed by referral source)

Referral Source: Magisterial District Judge ____________________________

Referral Date:

___________________________________________

Referral Individual's Name ___________________________________________

Address:

___________________________________________

Telephone #:

___________________________________________

Birth Date:

___________________________________________

Violation and Date:

___________________________________________

Arresting Police Dept.: ___________________________________________

Referral Comments (Optional):

___________________________________________

Referred Individual's

Signature:

___________________________________________

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SECTION II (to be completed by Office of Juvenile Probation)

The above named individual has completed all criteria.

______________________ DATE _________________

The above named individual has not completed all criteria. Areas of non-compliance are:

___________________________________________________________

______________________ DATE _________________

COMMENTS:

___________________________________________________________

Clin. Cnty. Pa. 301(A)

Amended effective 12/4/2023.