[28 Pa.B. 3024]
[Continued from previous Web Page] Rule 1409.1. Intermediate Punishment.
Because of considerations that are unique to intermediate punishment sentences, usually arising out of restrictive phases of the program, special or ''fast-track'' procedures may be employed at the request of the Probation Office. To describe these and place them in perspective, the following provisions are adopted:
a. Conditions of the program shall be established by the appropriate Intermediate Punishment Board and by the Court. Until changed, the program shall consist of six (6) phases, with Phase III divided into two (2) aspects, as follows:
1. Phase I, partial confinement-work release.
2. Phase II, house arrest-electronic monitoring.
3. Phase III, intensively supervised probation.
4. Phase III, temporary, intense supervision awaiting entry into Phase I.
5. Phase IV, modified intensive supervision.
6. Phase V, general supervision.
b. Generally, conditions of probation and parole, Rule 1408, shall apply to Phases III, IV and V.
c. Procedures established in Rule 1409 shall be followed when a defendant is not incarcerated.
d. When a defendant is incarcerated, the following procedure shall be followed:
i. As soon after incarceration occurs, the Probation Office shall transmit a request for an IPP review hearing to the District Attorney.
ii. As part of the request, the Probation Office shall recommend that bail be set in a specified amount and be subject to any special conditions requested by the Probation Office.
iii. The District Attorney shall promptly submit a petition to the court requesting that defendant's entry into the intermediate punishment program be revoked, that bail be set in a specified sum, subject to any requested conditions, and that a hearing be scheduled.
iv. The judge assigned by the President Judge to handle intermediate punishment violations shall set bail and schedule a hearing within fifteen (15) days of the alleged violation, whenever possible.
Rule 1409.2. Intermediate Punishment Revocation Forms.
Standard forms shall be used in IPP revocation proceedings, whenever possible. The District Attorney shall be responsible for drafting and utilizing petition forms. The Court may, by administrative order, change and adopt forms.
a. Until changed, the initial order shall be substantially in the following form:
(CAPTION)
ORDER AND NOW, this ____ day of ______ , _____ , at the recommendation of the Probation Office, bail is set at $ ______ , with cash percentage bail _____ available. Defendant is notified that he/she has the right to petition the court for a modification of the bail but, until modified, the bail herein set shall apply.
A revocation hearing is hereby set for _____ on the ____ day of ______ , 1998 in Courtroom No. 2.
______
Judgeb. Until changed, defendants shall be given notice in substantially the following form:
NOTICE DEFENDANT:
CASE NUMBER:
FILE NUMBER:You are advised that you have the absolute right to a hearing as a Probation/Parole violator. You are further advised that you have the absolute right to be represented by counsel and that if you cannot afford to retain counsel of your own choice, you should file an application with the Public Defender's Office for the appointment of counsel to represent you. If you desire to have counsel appointed, your application must be filed promptly. Your failure to have counsel will not be cause to continue or postpone the hearing. You are also advised that you have the absolute right to have bail set in this matter. In accordance with Adams County Probation Guidelines, bail is hereby recommended to be set at $ ______ with cash percentage bail ______ available. It is your responsibility to petition the court for a bail reduction hearing. A hearing on this matter will be scheduled promptly and you will be notified by your Probation/Parole Officer as to the time and date.
Specific Rules Violated:
I have read or have had read to me the above rights of a person charged with a violation of IPP Probation and have had the specific rules violated explained by a Probation/Parole Officer.
Witness ______ Defendant: ______ Date: ______ Date: ______
Rule 1505. Reserved.
Rules 1506--2001. Reserved.
Rule 2002(a).
The District Attorney of Adams County having filed a certification pursuant to Pa.R.Crim.P. § 2002(a), search warrants in all cases except those involving exigent circumstances shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.
Rules 2003--4005. Reserved.
Rule 4006. Realty Bail.
(A) In cases where realty is posted as bail, the following procedures shall be applied to determine the value of the realty and the equity in it:
(1) The fair market value of the realty shall be established by a written appraisal report prepared by a real estate broker duly licensed in Pennsylvania, within three (3) months of the date of presentation of the report; or by multiplying the assessed value of the realty (land and improvements) by the common level ratio factor prescribed by the Pennsylvania Department of Revenue from time to time for transfer tax purposes.
(2) The equity in realty shall be determined by considering the appraisal and a lien certificate signed by any attorney at law authorized to practice in this Commonwealth, including the solicitor of the Recorder of Deeds, Prothonotary, Tax Claim Bureau, or a duly authorized agent of a title insurance company licensed to do business in Pennsylvania. The certificate must indentify all liens against the property and the face amounts thereof. Statements from lienholders about current balances may also be considered.
(B) Certificates and appraisals shall be presented to the District Justice or to the Clerk for determination of the acceptability of the realty for bail purposes. A defendant may appeal any adverse ruling to the Court.
(C) The official with whom bail is posted shall collect a fee to enter and satisfy judgment in an appropriate office in the county in which the realty is situated. Until changed, the fee for judgments in Adams County shall be $14.50. Defendant must produce proof of the fee for any county other than Adams.
(D) If a District Justice accepts such bail, he/she shall transmit the judgment and satisfaction fee and a certified copy of the bail bond to the Clerk's office. In all instances when realty is accepted, the Clerk shall transmit to the Court a certified copy of the bail bond, together with a proposed order directing that judgment be entered against both the defendant and surety in favor of the Commonwealth of Pennsylvania, to the use of the County of Adams.
(E) Upon receipt of an order signed by a judge, the Clerk shall transmit a certified copy of the order, the judgment and satisfaction fee, and a certified copy of the bail bond to the appropriate office for entry of judgment.
(F) In Adams County, the appropriate office for entry of judgment shall be the Prothonotary's office.
(G) The order shall be substantially in the following form:
(CAPTION)
ORDER And Now, this ____ day of ______ , ____ , it is ordered that judgment in the amount of $ be entered in favor of the Commonwealth of Pennsylvania, to the use of the County of Adams, and jointly against ______ and _________________ . No execution shall proceed against the judgment defendants without leave of court. No interest shall accrue on the judgment unless and until an order forfeiting bail is entered against judgment defendants in the criminal case. When the bail obligation is satisfied, the Clerk of Courts shall promptly direct the appropriate officer to satisfy the judgment.
BY THE COURT,
______
J.Rules 4007--4014. Reserved.
Rule 4015. Fees Upon Return of Deposits.
The costs of administering cash bail, including costs of the percentage-cash bail program, shall be set by administrative order. Until changed, the Clerk or District Justice shall retain $25.00 as costs, when returning cash deposits to the persons entitled thereto. The amount retained shall then be paid to the County of Adams.
Comment: A review of present Pa. Rules of Criminal Procedure indicates that many former Local Rules are inappropriate and unneeded. Local Rule Crim. 4015 applies to all cash bail deposits held by the Clerk or District Justices, including deposits in Accelerated Rehabilitative Disposition cases and returned in accordance with Pa.R.Crim.P. 179(e). That rule requires that deposits be returned when a defendant is admitted into the ARD program.
RULES OF JUVENILE COURT PROCEEDINGS
ADAMS COUNTY COURT OF COMMON PLEAS Rule 1. Allegations.
Delinquency allegations and petitions shall be initially filed in the Juvenile Probation Office and shall be reviewed by that office to ensure that allegations and the petition conform to requirements of law. Petitions must be accompanied by a form setting forth in concise detail the acts that bring the child within the jurisdiction of the Juvenile Court.
Rule 2. Filing and Approval.
(A) The Juvenile Probation Office shall review the petition and allegations and, if need be, investigate the allegations, in accordance with intake procedures established, from time to time, by the office and Juvenile Court. Thereafter, the office may:
(1) Disapprove the form and return it to the deponent with a brief explanation why the form has been disapproved; or
(2) Approve it by marking it ''approved informally,'' in which case, the matter shall be informally adjusted by the Probation office; or
(3) Approve it.
(B) Approved petitions shall be docketed and filed in the office of the Clerk of Courts in a docket and filing system reserved exclusively for Juvenile Court matters.
Rule 3. Amendment.
(A) Petitions and allegations that are the basis for informal adjustment may be amended, as of course, at any time.
(B) Petitions and allegations in formal proceedings may be amended as of course prior to the mailing or service of notice to the juvenile and interested persons. Subsequent to the mailing or service of notice, amendments shall require permission of the Court.
(C) Amendments shall be filed with the Clerk of Courts and shall become part of the official file in the case.
Rule 4. Dependency Proceedings.
The procedures for dependency proceedings shall be the same as for delinquency proceedings except that allegations and petitions shall be initially filed with Adams County Children and Youth Services.
Rule 5. Confidentiality; Inspection and Disclosure.
(A) All records pertaining to juvenile matters shall be kept separate from those affecting adults.
(B) Juvenile files, wherever maintained, shall not be disclosed to or inspected by all persons not authorized by law to inspect juvenile records. Police Departments, Adams County Children and Youth, the Juvenile Probation Office and the Clerk of Courts shall adopt and follow procedures and safeguards to guarantee the integrity and confidentiality of records and files.
(C) Juvenile Probation Officers shall be authorized to inspect files relating to dependency proceedings, and Adams County Children and Youth caseworkers shall be authorized to inspect delinquency files. However, access to statutorily privileged material in Adams County Children and Youth files shall be limited to those persons authorized by the director of the agency, or as ordered by the Court.
(D) Judicial staff, including secretaries and the Court Administrator, shall have access to juvenile records maintained by the Clerk of Courts and material released by any office to a judge.
(E) Copies of petitions will be provided only to the following persons prior to a hearing in the matter:
1. The child, and his or her attorney,
2. The child's parents, and his, her or their attorney,
3. Juvenile Probation Office and/or Adams County Children and Youth Services,
4. District Attorney and/or counsel for Adams County Children and Youth Services,
5. Judicial staff, including the Court Administrator and judicial secretaries.
(F) Offices, agencies and persons shall provide information to offices and governmental agencies, such as the Department of Transportation or Child Abuse Hotline, as required or authorized by law.
(G) No person obtaining or acquiring information shall publicly disclose it except as authorized by law. This provision applies to law enforcement agencies, offices, and all other persons, including parents and counsel, involved with a child subject to Juvenile Court jurisdiction.
Comment: Public officials, police and other persons in authority should thoroughly familiarize themselves with statutory provisions affecting confidentiality. Attention is invited to various provisions of the Juvenile Act, specifically 42 Pa.C.S.A. §§ 6307, 6308 and 6336. Further attention is invited to the interplay between § 6336(e)(1) (open hearing is required for any alleged delinquent 14 years or older, when act is a felony) and § 6308(b) (disclosure of police records limited to alleged delinquents 14 or older, when act is rape, kidnapping, murder, robbery, arson, burglary, or possession of a controlled substance with intent to deliver AND involves use of or threat of serious bodily harm). Subsection (1)(i) requires disclosure if the child is adjudicated delinquent; subsection (b)(ii) requires disclosure if a delinquency petition has been filed, the child is accused of committing a described crime and has previously been adjudicated delinquent for such crime or crimes. Disclosure is authorized for certain firearms violations under § 6308(d).
[Pa.B. Doc. No. 98-1053. Filed for public inspection July 2, 1998, 9:00 a.m.]
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