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Powers and duties of probation officers - 42 Pa. Cons. Stat. § 6304Legal Research Home > Pennsylvania Statutes
§ 6304. Powers and duties of probation officers.
(a) General rule.--For the purpose of carrying out the
objectives and purposes of this chapter, and subject to the
limitations of this chapter or imposed by the court, a probation
officer shall:
(1) Make investigations, reports, and recommendations to
the court.
(2) Receive and examine complaints and charges of
delinquency or dependency of a child for the purpose of
considering the commencement of proceedings under this
chapter.
(3) Supervise and assist a child placed on probation or
in his protective supervision or care by order of the court
or other authority of law.
(4) Make appropriate referrals to other private or
public agencies of the community if their assistance appears
to be needed or desirable.
(5) Take into custody and detain a child who is under
his supervision or care as a delinquent or dependent child if
the probation officer has reasonable cause to believe that
the health or safety of the child is in imminent danger, or
that he may abscond or be removed from the jurisdiction of
the court, or when ordered by the court pursuant to this
chapter or that he violated the conditions of his probation.
(6) Perform all other functions designated by this
chapter or by order of the court pursuant thereto.
(a.1) Authority to search.--
(1) Probation officers may search the person and
property of children:
(i) under their supervision as delinquent children
or pursuant to a consent decree in accordance with this
section;
(ii) taken into custody pursuant to subsection (a)
and section 6324 (relating to taking into custody); and
(iii) detained pursuant to subsection (a) and
section 6325 (relating to detention of child) or during
the intake process pursuant to subsection (a) and section
6331 (relating to release from detention or commencement
of proceedings) and in accordance with this section.
(2) Nothing in this section shall be construed to permit
searches or seizures in violation of the Constitution of the
United States or section 8 of Article I of the Constitution
of Pennsylvania.
(3) No violation of this section shall constitute an
independent ground for suppression of evidence in any
proceeding.
(4) (i) A personal search of a child may be conducted
by any probation officer:
(A) If there is a reasonable suspicion to
believe that the child possesses contraband or other
evidence of violations of the conditions of
supervision.
(B) When a child is transported or taken into
custody.
(C) When a child enters or leaves a detention
center, institution or other facility for alleged or
adjudicated delinquent children.
(ii) A property search may be conducted by any
probation officer if there is reasonable suspicion to
believe that the real or other property in the possession
of or under the control of the child contains contraband
or other evidence of violations of the conditions of
supervision.
(iii) Prior approval of a supervisor shall be
obtained for a property search absent exigent
circumstances or unless the search is being conducted by
a supervisor. No prior approval shall be required for a
personal search.
(iv) A written report of every property search
conducted without prior approval shall be prepared by the
probation officer who conducted the search and filed in
the child's case record. The exigent circumstances shall
be stated in the report.
(v) The child may be detained if he is present
during a property search. If the child is not present
during a property search, the probation officer in charge
of the search shall make a reasonable effort to provide
the child with notice of the search, including a list of
the items seized, after the search is completed.
(vi) The existence of reasonable suspicion to search
shall be determined in accordance with constitutional
search and seizure provisions as applied by judicial
decision. In accordance with that case law, the following
factors, where applicable, may be taken into account:
(A) The observations of officers.
(B) Information provided by others.
(C) The activities of the child.
(D) Information provided by the child.
(E) The experience of the probation officer with
the child.
(F) The experience of probation officers in
similar circumstances.
(G) The prior delinquent and supervisory history
of the offender.
(H) The need to verify compliance with the
conditions of supervision.
(b) Foreign jurisdictions.--Any of the functions specified
in subsection (a) may be performed in another jurisdiction if
authorized by the court of this Commonwealth and permitted by
the laws of the other jurisdiction.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Conditions of supervision." A term or condition of a
child's supervision, whether imposed by the court or a probation
officer, including compliance with all requirements of Federal,
State and local law.
"Contraband." An item that a child is not permitted to
possess under the conditions of supervision, including an item
whose possession is forbidden by any Federal, State or local
law.
"Court." The court of common pleas or a judge thereof.
"Exigent circumstances." The term includes, but is not
limited to, reasonable suspicion that contraband or other
evidence of violations of the conditions of supervision might be
destroyed or suspicion that a weapon might be used.
"Personal search." A warrantless search of a child's person,
including, but not limited to, the child's clothing and any
personal property which is in the possession, within the reach
or under the control of the child.
"Probation officer." A probation officer appointed or
employed by a court or by a county probation department.
"Property search." A warrantless search of real property,
vehicle or personal property which is in the possession or under
the control of a child.
"Supervisor." An individual acting in a supervisory or
administrative capacity.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 9, 2002,
P.L.1705, No.215, eff. 60 days)
2002 Amendment. Section 8 of Act 215 provided that the
Juvenile Court Judges' Commission shall develop best practice
standards regarding searches of the person and property of
children in order to implement the addition of subsec. (a.1).
Suspension by Court Rule. Subsection (a)(2) was suspended by
Pennsylvania Rule of Juvenile Court Procedure No. 800(10),
amended December 30, 2005, insofar as it is inconsistent with
Rules 231 and 330 relating to written allegation and petition:
filing, contents, function.
Cross References. Section 6304 is referred to in section
6304.1 of this title; section 6375 of Title 23 (Domestic
Relations).
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Last modified: November 27, 2007 |
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