Rule 140. Bench Warrants for Failure to Appear at Hearings

(a) Issuance of Warrant .

(1) Before a bench warrant may be issued by a judge, the judge shall find that the subpoenaed or summoned person received sufficient notice of the hearing and failed to appear.

(2) For the purpose of a bench warrant, a judge may not find notice solely based on first-class mail service.

(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) Juvenile.

(1) Appearance of Juvenile. Detention .

(i) When a juvenile is taken into custody pursuant to a bench warrant, the juvenile shall appear, without unnecessary delay, before the judge who issued the warrant, or a judge or juvenile court hearing officer designated by the President Judge to hear bench warrants.

(ii) If the juvenile does not appear before a judge or juvenile court hearing officer, the juvenile shall be released unless:

(A) the warrant specifically orders detention of the juvenile; or

(B) there are circumstances learned at the time of the surrender or apprehension that warrant detention of the juvenile.

(iii) If a juvenile is detained, pending a hearing pursuant to subdivision (c)(2), the juvenile shall be detained 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.

(2) Prompt Hearing .

(i) If a juvenile is detained, the juvenile shall appear before the judge who issued the warrant, a judge or juvenile court hearing officer designated by the President Judge to hear bench warrants, or an out-of-county judge or juvenile court hearing officer pursuant to subdivision (c)(4) within 72 hours.

(ii) If the juvenile does not appear before a judge or juvenile court hearing officer within this time, the juvenile shall be released.

(3) Notification of Guardian . If a 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.

(4) Out-of-County Custody .

(i) If a juvenile is taken into custody pursuant to a bench warrant in a county other than the county of issuance, the county of issuance shall be notified immediately.

(ii) Arrangements to transport the juvenile shall be made immediately.

(iii) If transportation cannot be arranged immediately, then the juvenile shall appear, without unnecessary delay, before a judge or juvenile court hearing officer of the county where the juvenile is found.

(iv) The judge or juvenile court hearing officer shall identify the juvenile as the subject of the warrant, decide whether detention is warranted, and order or recommend that arrangements be made to transport the juvenile to the county of issuance.

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

(d) Witnesses.

(1) Appearance of Witness .

(i) When a witness is taken into custody pursuant to a bench warrant, the witness shall appear, without unnecessary delay, before the judge who issued the warrant, or a judge or juvenile court hearing officer designated by the President Judge to hear bench warrants.

(ii) If the witness does not appear before a judge or juvenile court hearing officer, the witness shall be released unless the warrant specifically orders detention of the witness.

(iii) A motion for detention as a witness may be filed at any time before or after the issuance of a bench warrant. The judge may order or the juvenile court hearing officer may recommend detention of the witness pending a hearing.

(A) Minor. If a detained witness is a minor, the witness shall be detained in a detention facility.

(B) Adult. If a detained witness is an adult, the witness shall be detained at the county jail.

(2) Prompt Hearing .

(i) If a witness is detained pursuant to subdivision (d)(1)(iii) or transported to the county of issuance pursuant to subdivision (d)(4)(vi), the witness shall appear before the judge or juvenile court hearing officer by the next business day.

(ii) If the witness does not appear before a judge or juvenile court hearing officer within this time, the witness shall be released.

(3) Notification of Guardian . If a witness who is taken into custody pursuant to a bench warrant is a minor, the arresting officer shall immediately notify the witness’s guardian of the witness’s whereabouts and the reasons for the issuance of the bench warrant.

(4) Out-of-County Custody .

(i) If a witness is taken into custody pursuant to a bench warrant in a county other than the county of issuance, the county of issuance shall be notified immediately.

(ii) The witness shall appear, without unnecessary delay and within the next business day, before a judge or juvenile court hearing officer of the county where the witness is found.

(iii) The judge or juvenile court hearing officer will identify the witness as the subject of the warrant, decide whether detention as a witness is warranted, and order or recommend that arrangements be made to transport the witness to the county of issuance.

(iv) Arrangements to transport the witness shall be made immediately.

(v) If transportation cannot be arranged immediately, the witness shall be released unless the warrant or other order of court specifically orders detention of the witness.

(A) Minor. If the witness is a minor, the witness may be detained in an out-of-county detention facility.

(B) Adult. If the witness is an adult, the witness may be detained in an out-of-county jail.

(vi) If detention is ordered, the witness shall be transported to the county of issuance within 72 hours from the execution of the warrant.

(vii) If the time requirements of this subdivision are not met, the witness shall be released.

(e) Advanced Communication Technology. 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.

(f) Return and Execution of Warrant for Juveniles and Witnesses .

(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 or juvenile court hearing officer 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 juvenile probation officer or other court designee shall remove or request that a law enforcement officer remove the bench warrant in all appropriate registries.

Comment. 42 Pa.C.S. § 6335(c) was suspended to the extent it is inconsistent with this rule. See Pa.R.J.C.P. 800(2). Pursuant to subdivision (a), the judge is to ensure that the person received sufficient notice of the hearing and failed to attend. The judge may order that the person be served in-person or by certified mail, return receipt. The judge may rely on first-class mail service if additional evidence of sufficient notice is presented. For example, testimony that the person was told in person about the hearing is sufficient notice. Before issuing a bench warrant, the judge should determine if the guardian was notified. The fact that the juvenile or witness did not attend a hearing is not sufficient evidence, alone, for a bench warrant.

A judge may issue a bench warrant if the judge finds that a subpoenaed or summoned person failed to appear, and sufficient notice was given. This rule does not prohibit the juvenile probation office from recommending detention for a juvenile. For procedures if a juvenile is detained under those circumstances, see Pa.R.J.C.P. 240—243. Pursuant to subdivision (c), a ‘‘juvenile’’ is the subject of the delinquency proceedings. If a witness is a child, the witness is referred to as a ‘‘minor.’’ A juvenile is subject to subdivision (c) and a minor witness is subject to subdivision (d). See also Pa.R.J.C.P. 120 (defining ‘‘juvenile’’ and ‘‘minor’’). Pursuant to subdivision (c)(1)(i), the juvenile is to immediately appear before the judge who issued the bench warrant, or a judge or juvenile court hearing officer designated by the President Judge of that county to hear bench warrants. This provision allows the judge or juvenile court hearing officer the discretion to postpone a hearing, for example, the adjudicatory hearing, until later in the same day while the police officer, sheriff, or juvenile probation officer retrieves the juvenile. If taken into custody on the same day, the juvenile is to immediately appear before the court for the hearing. However, pursuant to subdivision (c)(1)(ii), if a bench warrant specifically provides that the juvenile may be detained in a detention facility, or there are circumstances apparent at the time of the surrender or apprehension that merit detention of the juvenile, the juvenile may be detained without having to appear before the judge or juvenile court hearing officer until a hearing within 72 hours under subdivision (c)(2)(i). The juvenile is not to languish in a detention facility. If a hearing is not held promptly, the juvenile is to be released. Subdivision (c)(1)(iii) 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. At the 72-hour hearing, the judge or juvenile court hearing officer may determine that the juvenile willfully failed to appear and may continue the detention of the juvenile until the rescheduled hearing. If the juvenile is detained, the rescheduled hearing is governed by the time requirements provided elsewhere in these rules. See Pa.R.J.C.P. 240, 391, 404, 510, and 605. Under subdivisions (c)(2) and (c)(4), a juvenile taken into custody pursuant to a bench warrant is to have a hearing within 72 hours regardless of where the juvenile is found. See Pa.R.J.C.P. 240(C). Pursuant to subdivision (c)(4), the juvenile may be detained out-of-county until transportation arrangements can be made. Pursuant to subdivision (d)(1)(i), a witness is to immediately appear before the judge who issued the bench warrant or a judge or juvenile court hearing officer designated by the President Judge of that county to hear bench warrants. This provision allows the judge or juvenile court hearing officer the discretion to postpone a hearing, for example, an adjudicatory hearing, until later in the same day while the police officer, sheriff, or juvenile probation officer retrieves the witness. The witness is to immediately appear before the court for the hearing. However, pursuant to subdivision (d)(1)(ii), if the judge or juvenile court hearing officer is not available, the witness is to be released immediately unless the warrant specifically orders detention. Pursuant to subdivision (d)(1)(iii), a motion for detention as a witness may be filed. If the witness is detained, a prompt hearing pursuant to subdivision (d)(2) is to be held by the next business day or the witness is to be released. At the hearing pursuant to subdivision (d)(2)(i), the judge or juvenile court hearing officer may determine that the witness willfully failed to appear and find or recommend that the witness is in contempt of court, or that the witness is in need of protective custody. If the judge or juvenile court hearing officer has made one of these findings, the judge may continue the detention of the witness until the rescheduled hearing. The judge or juvenile court hearing officer should schedule the hearing as soon as possible. In any event, if the witness is detained, the rescheduled hearing must be conducted by the specific time requirements provided elsewhere in these rules. See Pa.R.J.C.P. 240, 391, 404, 510, and 605. Pursuant to subdivision (d)(4)(ii), a witness is to appear before an out-of-county judge or juvenile court hearing officer by the next business day unless the witness can appear before the judge who issued the bench warrant within this time. When the witness is transported back to the county of issuance within 72 hours of the execution of the bench warrant, the witness is to appear before the court by the next business day. ‘‘Vacated,’’ as used in subdivision (f)(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 (f)(5) is to prevent the juvenile from being taken into custody on the same warrant if the juvenile is released. See 42 Pa.C.S. § 4132 for punishment of contempt for juveniles and witnesses. If there is a bench warrant issued, juvenile court hearing officers may hear cases in which the petition alleges only misdemeanors. See Pa.R.J.C.P. 187(A)(2) and (A)(3). The purpose of the hearing for juveniles pursuant to subdivision (c)(2)(i) or the hearing for witnesses pursuant to subdivision (d)(2)(i) is to determine if the juvenile or witness willfully failed to appear and if continued detention is necessary. Pursuant to Rule 191, the juvenile court hearing officer is to submit his or her findings and recommendation to the court. In bench warrant cases, the juvenile court hearing officer should immediately take his or her recommendation to the judge so the judge can make the final determination of whether the juvenile or witness should be released. See Pa.R.J.C.P. 191(D). If the findings and recommendation are not taken immediately to the judge, the juvenile court hearing officer is to submit the recommendation within one business day. See Pa.R.J.C.P. 191(C).