§ 6340 — Consent decree

Pennsylvania § 6340

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VI
• Ch. 63: JUVENILE MATTERS
• Subch.: PROCEDURES AND SAFEGUARDS

Text

(a) General rule.--At any time after the filing of a petition and before the entry of an adjudication order, the court may, on motion of the district attorney or of counsel for the child, suspend the proceedings, and continue the child under supervision in his own home, under terms and conditions negotiated with the probation services and agreed to by all parties affected. The order of the court continuing the child under supervision shall be known as a consent decree.

(b) Objection.--Where the child or the district attorney objects to a consent decree, the court shall proceed to findings, adjudication and disposition.

(c) Duration of decree.--A consent decree shall remain in force for six months unless the child is discharged sooner by probation services with the approval of the court. Upon application of the probation services or other agency supervising the child, made before expiration of the six-month period, a consent decree may be extended by the court for an additional six months.

(c.1) Terms and conditions.--Consistent with the protection of the public interest, the terms and conditions of a consent decree may include payment by the child of reasonable amounts of money as costs, fees or restitution, including a supervision fee and contribution to a restitution fund established by the president judge of the court of common pleas pursuant to section 6352(a)(5) (relating to disposition of delinquent child), and shall, as appropriate to the circumstances of each case, include provisions which provide balanced attention to the protection of the community, accountability for offenses committed and the development of competencies to enable the child to become a responsible and productive member of the community.

(d) Reinstatement of petition.--If prior to discharge by the probation services or expiration of the consent decree, a new petition is filed against the child, or the child otherwise fails to fulfill express terms and conditions of the decree, the petition under which the child was continued under supervision may, in the discretion of the district attorney following consultation with the probation services, be reinstated and the child held accountable as if the consent decree had never been entered.

(e) Effect of decree.--A child who is discharged by the probation services, or who completes a period of supervision without reinstatement of the original petition, shall not again be proceeded against in any court for the same offense alleged in the petition or an offense based upon the same conduct.

(f) Expungement of records.--Upon motion, or sua sponte, including upon receiving notice under section 6304(a.2) (relating to powers and duties of probation officers), the court shall commence expungement proceedings under 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure if the court finds:

(1) six months have elapsed since the child's successful discharge from consent decree supervision; and

(2) no proceeding seeking adjudication or conviction is pending.

Legislative History

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days) 2024 Amendment.Act 108 added subsec. (f). 2004 Amendment.Act 217 amended subsec. (c.1). 1986 Amendment.Act 165 amended subsec. (b). 1978 Amendment.Act 53 amended subsec. (c). Suspension by Court Rule.Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(15), amended July 18, 2012, insofar as it is inconsistent with the requirement of Rule 373 relating to conditions of consent decree.