237 Pa. Code r. 407

Current through Register Vol. 54, No. 40, October 5, 2024

Rule 407 - Admissions

A.Admissions. At any time after a petition is filed, the juvenile may tender an admission to some or all of the delinquent acts charged.

1Requirements.

a) Before the court can accept an admission, the court shall determine that the admission is knowingly, intelligently, and voluntarily made.

b) As a part of this determination, the court shall ensure:

i an attorney has reviewed and completed the admission colloquy with the juvenile pursuant to paragraph (C); and

ii there is a factual basis for the admission.

c) At the hearing, the court shall conduct an independent inquiry with the juvenile to determine:

i whether the juvenile understands the nature of the allegations to which he or she is admitting and understands what it means to admit;

ii whether the juvenile understands that he or she has the right to a hearing before the judge and understands what occurs at a hearing;

iii whether the juvenile is aware of the dispositions that could be imposed and the consequences of an adjudication of delinquency that can result from an admission;

iv whether the juvenile has any questions about the admission; and

v whether there are any other concerns apparent to the court after such inquiry that should be answered.

2Agreements. If the parties agree upon the terms of an admission, the tender shall be presented to the court.

3Court Action. If the court accepts the tender, the court shall enter an order incorporating any agreement. If the court does not accept the tender, the case shall proceed as if no tender had been made.

4Limitations on Withdrawals. An admission may be withdrawn prior to the court entering the dispositional order. After the court has entered the dispositional order, an admission can be withdrawn only upon a demonstration of manifest injustice.

B.Incriminating Statements. An incriminating statement made by a juvenile in the discussions or conferences incident to an admission that is not ultimately accepted by the court or otherwise permitted to be withdrawn by the court shall not be used against the juvenile over objection in any criminal proceeding or hearing under the Juvenile Act, 42 Pa.C.S. § 6301 et seq.

CWritten Admission Colloquy. If a juvenile is making an admission, the colloquy shall be:

(1) in writing;

(2) reviewed and completed with the juvenile by an attorney;

(3) submitted to and reviewed by the court; and

(4) substantially in the following form:

ADMISSION COLLOQUY FORM

In re		:	___JD___
(Juvenile)	:
		Delinquent Act(s):____
		:	_________________
		:	_________________
		:	_________________

Answer all of the questions on this form. If you do not understand any question, leave it blank and ask your lawyer or the judge.

I admit that I did the following things (attorney shall list the delinquent acts, grading of acts, and counts):

_________________________________________________________

_________________________________________________________

_________________________________________________________

General Information:

1) What is your full name?________________

2) Do you have any other name or nickname?______

If yes, state:_____________________

3) How old are you today?___________

4) What grade are you in?_________________

5) Can you read, write, and understand English?____ (if yes, go to #6)

a) If you cannot read, has someone read this form to you?_____

If so, who?_________________ (print name)

______________

(signature of reader verifies that the form has been read to the juvenile)

b) If you do not read English, have you been given a translator or a lawyer who speaks your language?_____

c) Did your translator or lawyer read this form to you and explain it?_____

If so, who?____________________ (print name)

_______________________________________________________

(signature of reader verifies that the form has been read to the juvenile)

Knowing and Voluntary Admission:

6) Are you now a patient in a mental hospital?______

a) If yes, where?_________________________

b) Are you being treated for a mental illness?_______

c) If yes, what are you being treated for?______

7) Have you taken any drugs or alcohol yesterday or today that do not make you think clearly?______

If yes, specify type of drugs and/or alcohol:__________

8) Has anyone threatened or forced you to sign this form?______

If yes, explain:_______________________________

9) Have you been promised anything for this admission?________

If yes, explain:____________________

Understanding the Admission:

10) Has your lawyer told you what you did was against the law?_____________

11) By admitting what you did, do you understand that you are giving up:

a) the right to be presumed innocent, which means the judge does not think you broke the law until the D.A. (District Attorney) proves beyond a reasonable doubt that you broke the law (a reasonable doubt is a belief that it is very possible you did not break the law);_____

b) the right to a hearing by a fair judge;_______

c) the right to remain silent and your silence cannot be held against you;____

d) the right to tell the judge your side of the story;_____

e) the right to ask witnesses questions;______

f) the right to present witnesses or evidence to help tell your side of the story, but you do not have to do anything;_____

g) the right to tell the judge you disagree with something;______

h) the right to ask the judge to decide if he or she should hear certain things; and______

i) the right to have a higher court review this judge's decision.________

12) Do you understand if the judge accepts your admission and believes you need help (finds you delinquent), the judge may make you get help?_______

Possible Consequences of Adjudication of Delinquency:

13) Do you understand that if you are found delinquent, the judge may make you pay money and place you outside of your home or on probation until you turn 21 years old?_____

14) Are you aware that if you are admitting to__________________________________________that your driving license will be suspended now or in the future (which means you will not be able to drive)?

(lawyer shall write acts on this line, cross off, or write n/a).

15) Do you understand that this case can be used against you in the future? For example, if you break the law again, you may get a longer sentence in jail.______

16) Do you understand that if you are found delinquent, other people may find out about it? You may also have to tell people, including colleges, military recruiters, or employers?_______

17) Do you understand that if you are not a U.S. citizen, it may cause problems, which could include being forced to leave the U.S._______

18) Do you understand that if you are admitting to sexual assault that you cannot attend the same school as the victim? You will either be expelled or transferred to another school or an alternative education program.

Admission Agreements:

19) Are you aware that the judge does not have to accept any agreement between you and the District Attorney?_______ (write n/a if no agreement)

20) If you change your mind about admitting to the charges before the judge decides your disposition or consequences, then you can ask the judge to let you take back your admission.

Appeals:

21) If you are found delinquent after this admission, you can have a higher court review your case for only three reasons:

a) whether your admission was voluntary (you made your own decision to admit to a charge. No one forced you to do this. You understood what you were doing, including the consequences.);_________

b) whether the court was the correct court to hear your case (the court had the authority over your case); or_______

c) whether the court abused its responsibility or made any mistakes in the things that were ordered as your consequences.________

If you do not admit, do you understand you have other rights?____

Lawyer's Representation and Opportunity to Speak with Guardian

22) Are you okay with what your lawyer did for you and how he or she explained everything?_____

23) Did you talk with your parent or guardian about admitting to the charge(s)?_____

I promise that I have read the whole form or someone has read the form to me. I understand it. I am telling the truth. I am saying that I have done the things on page 1. I believe that this admission is best for me. The signature below and initials on each page of this form are mine.

______________

JUVENILE

______________

DATE

I, _________, lawyer for the juvenile, have reviewed this form with my client. My client has told me and I believe that he or she understands this form.

_________________________

LAWYER FOR JUVENILE

________________________

DATE

D.Admission to an Act of Sexual Violence. If a juvenile is making an admission to an act of sexual violence, see 42 Pa.C.S. § 6358, which may render the juvenile eligible for civil commitment for involuntary treatment upon attaining 20 years of age and subject to SORNA requirements, then the admission colloquy form set forth in paragraph (C) shall be amended to include substantially the following form:

ADDENDUM TO ADMISSION COLLOQUY FORM

In re	:	____ JD____
(Juvenile)	:
:	Delinquent Act(s):____
:	_______________
:	_______________
:	_______________

ELIGIBILITY FOR CIVIL COMMITMENT FOR INVOLUNTARY TREATMENT

Civil Commitment Cases

I did at least one of the crimes (in the box below); AND

If the judge says that I am a delinquent; AND

If I am in placement when I turn age 20,

I can go to a different placement against my will.

See42 Pa.C.S. § 6401et seq.

Check all that are true:

[] Rape, 18 Pa.C.S. § 3121	[] Sexual Assault, 18 Pa.C.S. § 3124.1
[] Involuntary Deviate Sexual Intercourse, 18 Pa.C.S. § 3123	[] Indecent Assault, 18 Pa.C.S. § 3126
[] Aggravated Indecent Assault, 18 Pa.C.S. § 3125	[] Incest, 18 Pa.C.S. § 4302

1) If I am in placement when I am age 20, SOAB (State Sexual Offenders Assessment Board) will look at information about me to see if I have mental problems that make it hard for me to stop doing sexual crimes._______ initials

See42 Pa.C.S. § 6358.

2) If SOAB thinks that I need treatment, the judge will have a hearing._____ initials

See42 Pa.C.S. § 6358.

3) If the judge agrees I need treatment, I will have a second hearing.______ initials

See42 Pa.C.S. § 6358.

4) At the hearing, the judge will decide if I have mental problems that make it likely that I will do sexual crimes again. If the judge says yes:

a) I will go to a different placement for at least one year.______ initials

See42 Pa.C.S. §§ 6403 & 6404.

b) I will be required to register as a sex offender under the Sex Offender Registration and Notification Act.____ initials

See42 Pa.C.S. § 9799.13(9)

c) If and when I am released from this different placement, I must register with the state police and report to them every 90 days for at least 25 years. It is a crime not to register and report to the state police. Information about me and my crime will also be available for everyone to see on the internet._____ initials

See42 Pa.C.S. §§ 9799.15(a)(5), (a.2) & 9799.15(b)(1)(iii); 18 Pa.C.S. § 4951.1.

d) If I am released from this different placement and continue to register and report to the state police and I do not commit any more serious crimes for at least 25 years, I can ask the judge whether I can stop registering and reporting to the state police.______ initials

See 42 Pa.C.S. § 9799.15(a.2).

5) The judge will look at my case each year. I will stay in that placement for as long as the judge decides that I have mental problems that make it likely that I will do sexual crimes again.________ initials

See42 Pa.C.S. § 6404.

6) If the judge says I can leave placement, I must continue to get treatment when told for my mental problems. The judge will look at my case after one year._______ initials

See42 Pa.C.S. §§ 6404.1 & 6404.2.

7) If the judge says I can stop getting treatment after one year, I still must talk to a counselor every month.________ initials

See42 Pa.C.S. §§ 6404.1 & 6404.2.

8) If I do not obey these rules or the counselor says I cannot stop my bad actions, I will be sent back to placement._______ initials

See42 Pa.C.S. § 6404.2.

Lawyer's Representation and Opportunity to Speak with Guardian

9) Did you talk with your lawyer before you decided to tell the judge you did the crimes (delinquent acts)? [] Yes [] No

10) Are you okay with what your lawyer did for you? [] Yes [] No

11) Did your lawyer answer all your questions? [] Yes [] No

12) Did you talk with your parent or guardian about saying you did the crimes? [] Yes [] No

If you answered no, would you like to talk with them now? [] Yes [] No

I have read this form or someone has read this form to me.

I understand the form and what I have to do. The signature below and initials on each page of this form are mine.

______________

JUVENILE

______________

DATE

I, ___________, lawyer for the juvenile, have reviewed this form with my client. My client has informed me and I believe that he or she understands the rights, consequences, and dispositions outlined in this form. I have completed the foregoing sections with my client. I have explained them. I have no issues with my client admitting to the delinquent acts.

____________________

LAWYER FOR JUVENILE

____________________

DATE

237 Pa. Code r. 407

The provisions of this Rule 407 amended January 18, 2012, effective 4/1/2012, 42 Pa.B. 664; amended January 23, 2017, effective 4/1/2017, 47 Pa.B. 820; amended May 26, 2021, effective 10/1/2021, 51 Pa.B. 3090; amended November 30, 2021, effective 4/1/2022, 51 Pa.B. 7627.