[26 Pa.B. 2167]
[Continued from previous Web Page]
Bail Information Sheet Name: _________________ Aliases: _________________ Date: __________
Age: ______ Date of Birth: ______ SS#: ______ OTN #(S): __________
1. Current Physical and Mailing Address: __________
2. Do you own your home?YesNoIf yes, list monthly mortgage: __________
3. Do you rent your home?YesNoIf yes, list monthly rent: __________
4. Do you have any other significant monthly expenses, please list? __________
5. Telephone Number: ______ 6. How long have you resided at this residence? __________
7. Do you have any other family members who reside in the area and who do not live at your address?YesNo
If yes, please list name, address and telephone number?
__________8. List all previous addresses with length resided at: ____________________
9. List current employer, phone number and supervisor: __________
10. Marital Status: ______ 11. If married, list name, age & address: __________
12. List names of all children, age and address: __________
13. List any medical conditions: __________
14. List any prescribed medication: __________
15. Are you currently under the influence of alcohol or illegal substances?YesNo
16. Are you currently receiving treatment for alcohol or drug abuse problems?YesNo
17. Have you recently used any illegal substances? Your honesty is important, for if you are referred to the pretrial services program for supervision, you will be required to submit to periodic urine testing?YesNo
If answered yes, please list the substances recently used: __________
Prior Criminal History: Juvenile Record and Adult Record
List of Charges Location: List County/City/State List Year and Disposition 18. Are you currently on probation, parole, ARD or intermediate punishment supervision?YesNo
19. If you answered yes, indicate in what county or jurisdiction? __________
20. Are you currently on bail for pending criminal charges in this county or any other jurisdiction?YesNo
If you answered yes, indicate in what county or jurisdiction? __________21. Were you ever placed on bail status before this current offense?YesNo
If yes, when and where? __________22. Have you ever had a warrant issued for your arrest for failure to appear for a court appearance?YesNo
If yes, when and where? __________23. Have you ever been charged with escape?YesNoIf yes, when and where? __________
24. Have you ever been a fugitive from justice?YesNoIf yes, when and where? __________
Topic: Pretrial Services Program
''Submission, Confidentiality & Disclosure of the Bail Report''
Chapter: 12
Section: 9
Pages: 2
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.9.1: Purpose: To set forth policy and procedure governing the submission, confidentiality and disclosure of the bail report.
SECTION 12.9.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Chief Adult Probation/Parole Officer, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the pretrial services officer and all arrestees considered for the Carbon County Pretrial Services Program.
SECTION 12.9.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Bail Report: A concise document provided to the issuing authority that includes socioeconomic data, prior criminal record, demographic data and other background information on the defendant.
3. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
4. Training: Which includes such activities as management seminars, meetings with probation and parole field staff regarding departmental services, workshops on the use of management information and instruction in the use of research and evaluation data.
SECTION 12.9.4: Submission of the Report: The completed bail report shall be submitted to the following parties in advance of the scheduled hearing:
1. The issuing authority
2. The District Attorney's Office.
3. Defense Counsel or defendant, if unrepresented.
SECTION 12.9.5: Disclosure of the Report: All bail reports and related psychiatric and psychological reports shall be declared confidential and not of public record.
SECTION 12.9.6: Confidentiality During the Investigative Process: The issue of confidentiality shall extend beyond the courtroom and shall permeate the entire investigative process. From initial receipt, to final disposition, the investigator shall take the necessary safeguards to ensure that the process shall remain confidential and that no information shall be disclosed, unless in accordance with this policy section.
SECTION 12.9.7: Disclosure to Other Interested Parties: The bail report may be disclosed to the following parties:
1. Other service programs, provided the defendant has signed a release of information form indicating such disclosure.
2. Law enforcement officials attempting to serve process for failure to appear.
3. The sentencing court, when used in replace of the presentence report.
Topic: Pretrial Services Program
''Criminal History Record Information Compilation & Verification''
Chapter: 12
Section: 10
Pages: 5
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.10.1: Purpose: To set forth policy and procedure governing the compilation, collection, verification and dissemination of criminal history record information.
SECTION 12.10.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Chief Adult Probation/Parole Officer, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the pretrial services officer and all arrestees considered for the Carbon County Pretrial Services Program.
SECTION 12.10.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Bail Report: A concise document provided to the issuing authority that includes socioeconomic data, prior criminal record, demographic data and other background information on the defendant.
3. Central Repository: The central location for the collection, compilation, maintenance and dissemination of criminal history record information.
4. Commonwealth Law Enforcement Assistance Network (CLEAN): A computer system maintained by the Pennsylvania State Police to store information on offenses throughout the Commonwealth.
5. Criminal History Record Information: Information collected by criminal justice agencies concerning individuals, and arising from the initiation of a criminal proceeding.
6. Criminal Justice Agency: Any court, including the minor judiciary, with criminal jurisdiction or any other governmental agency, or subunit thereof, created by statute or by the State or Federal constitutions, specifically authorized to perform as its principal function the administration of criminal justice, and which allocates a substantial portion of its annual budget to such function.
7. Disposition: Information indicating that criminal proceedings have been concluded.
8. Dissemination: The oral or written transmission or disclosure of criminal history record information to individuals or agencies other than the criminal justice agency which maintains the information.
9. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
10. National Crime Information Center (NCIC): A computerized system run by the Federal Bureau of Investigation in order to track offenses throughout the United States.
11. Originating Agency Identifier (ORI): A number given to each agency by the Pennsylvania State Police in order to track those agencies submitting information to the central repository.
12. Offense Tracing Number (OTN): A number given by a court to each specific case.
13. Training: Which includes such activities as management seminars, meetings with probation and parole field staff regarding departmental services, workshops on the use of management information and instruction in the use of research and evaluation data.
SECTION 12.10.4: Criminal Justice Agencies; The Carbon County Adult Probation/Parole Department is recognized as a criminal justice agency in the Commonwealth of Pennsylvania (See 18 Pa.C.S. § 9102).
SECTION 12.10.5: Criminal History Records Information Security, Access and Training: All criminal history record information compiled on a criminal defendant shall be stored in the appropriate offender case folder. All offender case folders shall be stored in a secure area within the department, such as, locked lateral filed cabinets. All agency personnel shall have access to this information and shall receive appropriate levels of training concerning this policy statement.
SECTION 12.10.6: Right of Access and Review: Any individual or his legal representative has the right to review, challenge, correct and appeal the accuracy and completeness of his criminal history record information. Any individual or legal representative requesting to review his or her criminal history record information shall submit proper identification to the department for the review. Any individual or legal representative that challenges the accuracy of the criminal history record information must specify which portion of the record is incorrect and specify what the corrected version should be. The burden is on the defendant to prove any inaccuracies. The appellate courts have rules ''. . . information concerning prior convictions in the report is presumed to be valid, which presumption can only be rebutted by the defense, and need not be supported by evidence from the Commonwealth unless and until a challenge is voiced'' [See 18 Pa.C.S. § 9151 and Commonwealth v. Charles, 339 Pa. Super. 284, 296, 488 A.2d 1126, 1132 (1985)]. The agency shall provide any individual or his legal representative with any documentation supporting the offender's criminal history record information.
SECTION 12.10.7: Compiling Criminal History Record Information: Whenever the pretrial services officer initiates an investigation into the offender's criminal background, the investigator shall:
1. Obtain a FBI and Pennsylvania criminal rap sheet (through NCIC and CLEAN) from the Carbon County Communications Center by providing the agency with the department's ORI number, which can be obtained from the Chief Adult Probation/Parole Officer. The investigator shall provide the communications center with the following information on the defendant:
a. Offender's last, first and middle name, if available.
b. Date of Birth.
c. Social Security Number.
2. Review the District Attorney's Office file on the offender for possible criminal history record information.
3. Review the department's management information systems for possible criminal history record information contained in an offender's case folder.
4. Review juvenile court records.
5. Interview the defendant concerning any prior juvenile or adult arrests, convictions or adjudications.
SECTION 12.10.8: Juvenile Record; Whenever the investigator initiates an investigation into the calculation of the offender's criminal background, the investigator shall:
1. Review local juvenile court records.
2. If the offender discloses a juvenile record in another jurisdiction, then the investigator shall execute a Release of Information Form and submit the form to the appropriate jurisdiction for juvenile arrest records.
3. Interview the defendant concerning any prior juvenile or adult arrests, convictions or adjudications.
SECTION 12.10.9: Verification of Criminal History Record Information: The investigator shall obtain and verify all prior adult criminal convictions and juvenile arrests/adjudications, when time constraints permit, as follows:
1. Obtain written documentation from the jurisdiction requesting the following information:
a. Arresting agency and location
b. Date of the offense
c. Criminal charges with gradation and OTN number
d. Date of disposition (e.g. guilty plea, found guilty)
e. Date of sentence and disposition type (probation, incarceration)
f. Order of Court (guilty plea, sentencing)
g. Previous presentence investigations
2. The department recognizes, that in some instances, time constraints will prohibit the acquisition of written documentation, therefore, the presentence investigator can verify the above mentioned information using telephonic measures.
3. Facsimile transmissions of documentation are acceptable.
SECTION 12.10.10: Incomplete Prior Records: The investigator shall not record and utilize any criminal history record information that cannot be verified through written or oral methods, unless the defendant discloses such information and does not contest the accuracy of the record.
SECTION 12.10.11: Dissemination of Criminal History Record Information to Non-Criminal Justice Agencies: All inquiries from non-criminal justice agencies shall be referred to the Carbon County Clerk of Courts Office.
SECTION 12.10.12: Training: The Chief Adult Probation/Parole Officer shall provide appropriate levels of training concerning this policy section.
Topic: Pretrial Services Program
''Notice to Appear and Monitoring''
Chapter: 12
Section: 11
Pages: 2
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.11.1: Purpose: To establish a procedure whereby defendants released to the program will be provided notification to appear for scheduled hearings.
SECTION 12.11.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Chief Adult Probation/Parole Officer, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the pretrial services officer and all arrestees considered for the Carbon County Pretrial Services Program.
SECTION 12.11.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
SECTION 12.11.4: Notice to Appear and Monitoring: Defendants shall be provided written notification by the issuing authority for all scheduled hearings. The pretrial services officer shall inform all program participants of all scheduled hearings at the time of initial intake interview. During the course of pretrial supervision, the assigned officer shall continue to monitor court scheduled hearings and provide appropriate levels of notification to the defendant for appearance.
SECTION 12.11.5: Monitoring Court Appearance Rates: In order to determine the effectiveness of the pretrial service program, the Chief Adult Probation/Parole Officer shall monitor and gather information concerning court appearance rates for all program participants.
Topic: Pretrial Services Program
''Nominal Bail and Minimum Requirements''
Chapter: 12
Section: 12
Pages: 1
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.12.1: Purpose: To establish minimum standards for pretrial arrestees afforded nominal bail for inclusion in the program.
SECTION 12.12.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Chief Adult Probation/Parole Officer, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the pretrial services officer and all arrestees considered for the Carbon County Pretrial Services Program.
SECTION 12.12.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
SECTION 12.12.4: Minimum Bail Amount Requirements: Whenever the issuing authority establishes nominal bail, the following minimum bail amount shall be used to determine participation in the Carbon County Pretrial Services Program.
1. Minimum Bail Amount Requirement: Whenever an offender is afforded bail in the sum of $2,500.00 or less ($250.00/cash percentage or less), then the offender will not be considered for pretrial service intervention.
Topic: Pretrial Services Program
''Offender Case Records''
Chapter: 12
Section: 13
Pages: 3
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.13.1: Purpose: To establish a procedure for the development and maintenance of offender case records.
SECTION 12.13.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Chief Adult Probation/Parole Officer, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the pretrial services officer, the adult probation aide and all arrestees considered for the Carbon County Pretrial Services Program.
SECTION 12.13.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Issuing Authority: Any public official having the power and authority of an alderman, justice
SECTION 12.13.4: Offender Case Record Information: Once the paperwork is received by the adult probation aide, the following case record information shall be prepared and completed for filing and distribution.
1. Offender Face Sheet: All sections of the offender face sheet shall be completed and distributed to the pretrial services officer, with the photograph attached to the bottom of the face sheet.
2. Case Record Folders: All case record folders opened by the department shall be assigned an identification file number. This number shall be created based on a numerical catalog system. The adult probation aide shall maintain a record of the assigned case record folder numbers for easy identification and retention. All active folders shall be placed in the active file cabinets in alphabetical order.
3. Case Record Folder Labels: Colored coded labels will be attached to every folder. The label information shall include the offender's name and the assigned identification file number. The offender's name shall be typed on the label, last name first, followed by the identification file number. Colors assigned to the case record folders are as follows:
a. ARD Offenders: Pink label b. Parole Offenders: Yellow label c. Probation Offenders: Blue label d. Intermediate Punishment: Green label e. Pretrial Services: Salmon label SECTION 12.13.5: Distribution of Case Folder Documents: The adult probation aide will be responsible for all copies and the distribution of case folder documentation to the pretrial services officer and other court related agencies.
SECTION 12.13.6: Conditions of Release: A copy of the conditions of bail and surety responsibility form shall be filed to the Clerk of Courts Office on each criminal defendant placed under the program.
SECTION 12.13.7: Security of Case Records: All case records not being utilized by agency personnel shall be maintained in a secure location. Active case records shall be directly supervised and controlled by the assigned officer.
SECTION 12.13.8: Privacy of Case Folders: Information contained in the offender case folder is strictly prohibited from disclosure to third parties, unless the offender signs a ''Consent to Obtain and Release Information Form'' stating what specific information is to be disclosed. Agency personnel are exempt from this policy, however, any employee witnessed removing or disclosing case record information without proper authorization shall be subject to disciplinary action (See Chapter 2, Section 14).
1. Exceptions to this Section: The following entity will have unlimited access to the offender case folder:
a. Carbon County Court of Common Pleas
SECTION 12.13.9: Limited Access: The following agencies shall have limited access to the offender case folder:
1. The Carbon County District Attorney's Office
2. Other probation/parole agencies
3. Military personnel conducting background investigations.
4. Law Enforcement Agencies
5. Defense counsel
SECTION 12.13.10: Record Review: The Chief Adult Probation/Parole Officer shall review the case record maintenance procedure on an annual basis.
SECTION 12.13.11: Discharged Offenders: When a case record has been terminated, the adult probation aide shall inspect and purge the offender case folder from all duplicated documentation. Records of discharged offenders shall be maintained in accordance with procedures adopted by the Court, the agency and the Archives Department. All inactive case folders shall be removed from the office and relocated to the Archives Department for microfilming. Destruction of all inactive case folders shall be in accordance with policy and procedure adopted by the Courts, the Archives Department or statute.
Topic: Pretrial Services Program
''Termination Criteria''
Chapter: 12
Section: 14
Pages: 1
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.14.1: Purpose: To establish criteria for the termination of offenders placed in the pretrial services program:
SECTION 12.14.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Chief Adult Probation/Parole Officer, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the pretrial services officer, the adult probation aide and all arrestees considered for the Carbon County Pretrial Services Program.
SECTION 12.14.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Issuing Authority: Any public official having the power and authority of an alderman, justice.
SECTION 12.14.4: Termination Criteria: The following criteria shall be utilized to determine when an offender shall be terminated from the program:
1. Final disposition of the criminal charges (when the offender was sentenced to probation, parole, intermediate punishment, fine, probation without verdict or partial or total confinement).
2. Charges were dismissed or Nol Prossed.
3. Bail was revoked and the offender was remanded to prison.
[Pa.B. Doc. No. 96-755. Filed for public inspection May 10, 1996, 9:00 a.m.]
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