Carjacking, Armed Robbery, Murder, Aggravated Assault, etc.: Changes in Direct File Juvenile Procedures under Act 96

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Carjacking, Armed Robbery, Murder, Aggravated Assault, etc.: Changes in Direct File Juvenile Procedures under Act 96

Program originally presented Friday, September 16, 2022 as part of the 2022 Bench Bar and Annual Conference

On December 21, 2021, new provisions of the Federal Juvenile Justice and Delinquency Prevention Act, were implemented in Pennsylvania. This legislative change, known as Act 96, required a retooling of the longstanding practices which had been in use when a Direct File Juvenile was arrested. There was no expansion of the crimes which would cause a youth to be designated as a Direct File Juvenile subject to the jurisdiction of the adult criminal court rather than the jurisdiction of the family court. What changed, however, was the procedure for determining where the Direct File Juvenile would be housed and under what conditions, until the final resolution of the underlying charges.

Prior to the implementation of Act 96, a Direct File Juvenile who did not post bail, was automatically held at the Youth Detention Wing of Riverside Correctional Facility on State Road.  In most instances, the juvenile resided there through the resolution of the charges, unless s/he was able to post bail—provided that the lead charge was something other than homicide. If the lead charge was something other than homicide, and no bail was posted, the defense attorney could have filed a Decertification Petition seeking a hearing which, if successful, would have resulted in a ruling by the court, that it would serve the public interest for the youth to be treated as a juvenile subject to the jurisdiction of Family Court.

Effective December 21, 2021, the above-described procedure changed dramatically. The purposes of this course are to provide a description of the current procedures which are in place regarding Direct File Juveniles and to serve as a guideline for attorneys who represent youthful clients in the criminal justice system.

Moderator:
Hon. Lillian Harris Ransom
Senior Judge
Court of Common Pleas, Trial Division - Criminal
First Judicial District of Pennsylvania

Panelists:
Meghan R. Goddard, Esq.
Divisional Deputy City Solicitor
Child Welfare Unit
City of Philadelphia Law Department

Paul Goldman, Esq.
Supervisor, Direct File – Juvenile Court Unit
Philadelphia District Attorney’s Office

Michelle E. Mason, Esq.
Chief, Juvenile Special Defense Unit
Defender Association of Philadelphia

Michael B. Scott, Esq.
Executive Director
Philadelphia Juvenile Justice Service Center

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