[31 Pa.B. 926]
[Continued from previous Web Page] Rule 527.1. 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 identify 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.Rule 528 Reserved.
Rule 529. Bail Modification.
Defendants' motions for reduction or modification of bail must, in the absence of extraordinary circumstances, be presented in duplicate to the Court Administrator, who shall then 1) consult with the District Attorney to establish a suitable date for hearing, 2) set a hearing, and 3) provide the District Attorney with the duplicate copy of the motion and court order setting the hearing. The motion and its copy must be accompanied by the following completed form:
BAIL INFORMATIONName: ___________________________ Date of birth: _________________
List any aliases you may use or have used: __________
__________1. State your address: __________Street
__________City
__________State
__________ZipFor how long have you resided there? __________
List other places you have lived within the past five (5) years:
__________
__________
__________2. State your telephone number: ( ) __________
3. Where do you work? __________
4. How long have you worked there? __________
5. What is your take home pay? __________
6. Name the persons who are dependent upon you for support:
NAME AGE RELATIONSHIP ADDRESS (If the same as yours, write same)
__________
__________
__________
__________
__________7. State your marital and living status: [ ] married; living with spouse; [ ] married, but separated; [ ] divorced; [ ] living with girl/boyfriend.
8. Prior employment within 5 years:
EMPLOYER'S NAME PERIOD OF EMPLOYMENT REASON FOR TERMINATION
__________
__________
__________
__________
__________9. Do you [ ] own your own home; [ ] rent a home or apartment; [ ] live with a friend.
10. Do you have family members or a girl/boyfriend living in Adams County?
[ ] Yes; [ ] No
State names and relationship: __________
__________11. Do you consume alcoholic beverages? [ ] Yes; [ ] No. If yes, [ ] beer; [ ] wine; [ ] whiskey; How many drinks per day? _____
11(a) (Optional) Have you ever had a drug dependency? (yes or no) _____
12. Have you ever missed work because of alcohol consumption? [ ] Yes; [ ] No
Have you been counseled or treated for alcohol abuse? [ ] Yes; [ ] No If yes, when and by whom: __________13. Have you ever been convicted of an alcohol or drug related crime? [ ] Yes; [ ] No. If yes, when and where: __________
14. What are you charged with? __________
15. Who is the prosecuting police officer? __________
16. Where is your case? [ ] at the District Justice [ ] In Court
17. What is your present bail? ______
18. If you have posted bail in any other case, state when, where and the amount of bail:
__________
__________19. Have you ever failed to appear as directed in any criminal proceeding, or have you ever been charged with escape? (yes or no) ______ . Explain: __________
20. Give the name of a person who can verify your address:
_________________
Name
_________________
Address
_________________
_________________
Phone # ______Give the name of a person who can verify your employment:
_________________
Name
_________________
Address
_________________
_________________
Phone #21. What bail are you requesting? ___________________________
22. Where are you in jail? ___________________________
23. Who is your attorney? ___________________________
Signature ___________________________ Date: ______
Comment: This rule is intended to apply not only to motions clearly designated as requests for bail reductions, but also petitions for writs of habeas corpus where the obvious relief sought is bail reduction.
Rule 530. Bail Agency.
For purposes of administering the supervised bail program, the Adams County Probation Office is designated as the bail agency for this court.
Rules 531--534. Reserved.
Rule 535. 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.
Rules 536--569. Reserved.
Rule 570. Informal Pre-Trial Conference.
(A) The Attorney for the Commonwealth may require defendants and/or counsel to appear at an informal pre-trial conference. A defendant, who has been notified to appear, may request that a judge excuse his/her appearance. An attorney may make a similar request. The Attorney for the Commonwealth may seek sanctions against any attorney, who is notified to appear and fails to do so without an excuse. Absent written stipulation to the contrary, no conference shall be conducted in the absence of an attorney who has entered an appearance in a case. The Attorney for the Commonwealth shall advise unrepresented defendants that they may decline to discuss the case without an attorney being present. At the time of arraignment, whether formal or informal, the Attorney for the Commonwealth may direct defense counsel, or a pro se defendant, to appear for a pre-trial conference at the time, date and place set forth in the notice. The conference shall be scheduled at least thirty-five (35) days after arraignment. The purpose of the conference held pursuant to this Rule is to consider:
(1) Disclosure of information pursuant to informal pre-trial discovery;
(2) The simplification of stipulation of factual issues, including the admissibility of evidence;
(c) The scheduling of a trial date or date for other disposition of the proceedings;
(3) Such other matters as may aid in the disposition of the proceedings.
(B) A defendant who is represented by counsel may waive his or her right to be present with the consent of the Commonwealth. Waiver shall be assumed if counsel appears without his/her client.
(C) Upon request by either party and arrangement with the Court, informal conferences may be stenographically recorded.
(D) The parties shall reduce to writing and file with the Clerk of Courts all agreements or stipulations reached during the pre-trial conference. Such agreements or stipulations shall bind the parties unless modified at trial to prevent injustice.
(E) If defendants who are required to appear, fail to do so either personally or through counsel, bail may be revoked and forfeited and a bench warrant may issue for the defendant's arrest
(F) One day per month will be designated on the Court Calendar for pre-trial conferences.
(G) Informal conferences shall be held outside the presence of the Court. However, either party may request within thirty (30) days after arraignment, that the pre-trial conference proceed pursuant to Pa.R.Crim.P. 570.
Rule 571. Notice of Arraignment.
(A) In all cases where defendants are held for court, the District Justice shall provide notice of the date of arraignment to the defendant, and counsel of record. Notices shall be given at the conclusion of the preliminary hearing, or at the time the hearing is waived. The notice shall be in the form set forth in Rule 571.1 and shall be acknowledged by the defendant and counsel, if any. The defendant, and defense counsel of record, shall be given a copy of the notice at the time of acknowledgement. No further notice of arraignment shall be required.
(B) The date of arraignment will be set in accordance with Local Rule 571.2.
(C) The issuing authority shall transmit the original notice of arraignment, along with the transcript, to the Clerk of Court's Office within five (5) days of the defendant being held for court.
Rule 571.1. Form of Notice
The notice shall substantially be in the following form:
IN THE COURT OF COMMON PLEAS OF
ADAMS COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA : CR- : VS. : CHARGES: : ______ :
NOTICE OF ARRAIGNMENT You must appear for formal arraignment at 8:30 a.m. ______ , 20 ____ , in Courtroom #1, 4th floor, Adams County Courthouse, 111-117 Baltimore Street, Gettysburg, Pennsylvania, UNLESS you file an informal arraignment as described below.
1. You and your attorney MUST appear on the date and time above OR you and your attorney MUST file a written waiver of arraignment by appearing at the District Attorney's Office BEFORE the above specified date and time.
2. If you do not appear or do not file a written waiver of arraignment as directed, a bench warrant will be issued for your arrest and bail will be forfeited.
FOR YOUR ASSISTANCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, TELEPHONE THE COURT ADMINISTRATOR'S OFFICE AT 337-9846, OR 1-888-337-9846.
I, the undersigned Defendant, acknowledge that I have received a copy of the above Notice of Arraignment.
__________
Defendant's Name (please type)
__________
Defendant's Signature__________
Date__________
District Justice
THIS WILL BE YOUR ONLY NOTICE! Rule 571.2. Time of Arraignment.
(A) The date on which defendant shall be directed to appear for arraignment shall be the first arraignment date, as established by the Court Calendar, which follows the date on which the defendant is held to court by at least twenty-one (21) days.
(B) The Clerk of Courts shall annually prepare a schedule from the Court Calendar, which shall list dates of arraignment, and the cut-off date for each arraignment date. On or before December 1 of the preceding year, the Clerk shall post the schedule, and provide copies to the Court Administrator, each District Justice, the District Attorney, and the Public Defender.
(C) The District Justice shall enter the date of arraignment in the notice required by this rule, in accordance with the schedule established by the Clerk.
Rule 571.3. Arraignment.
(A) Appearance: Unless appearance has been waived in accordance with Pa.R.Crim.P. 571 (C), all defendants must appear at formal arraignment. Defendants shall appear at 8:30 a.m. on the fourth floor of the Courthouse, and report to Courtroom number one, or such other courtroom as designated by court personnel, on the day of scheduled arraignment.
(B) Informal arraignment: If a waiver is filed pursuant to Pa.R.Crim.P 571(C), and arrangements are made with the District Attorney's office, defendants and their counsel may appear for arraignment in that office
(C) Acknowledgement: In all instances, defendants must acknowledge receipt of copies of the Information and written instruction sheet, and acknowledge an understanding of the material described therein.
(D) Instruction Sheet and Information: Defendant shall be provided a copy of the Information and a copy of written instructions at arraignment, whether formal or informal.
(E) Minimum Requirements: Written instructions shall be on a form approved by the Court. Whether defendant is formally or informally arraigned, he/she shall be informed of the following:
(1) the nature, elements and seriousness of the charges and possible consequences of conviction, including the permissible range of sentences and/or fines;
(2) the contents of written instructions;
(3) if he/she is required to appear at an informal pre-trial conference, the time and date thereof, and that failure to appear may result in forfeiture of bail and the issuance of an arrest warrant;
(4) if the case is listed for trial, the dates and times defendant must appear, and that failure to appear may result in a forfeiture of bail, the issuance of an arrest warrant and trial occurring in the absence of defendant.
(F) Procedure: At formal arraignment, a judge shall read the arraignment instructions. Defendants shall then be individually called before a judge, at which time the attorney for the Commonwealth shall read and explain the Information.
(G) Any defendant who is not represented by counsel shall be informed of the following:
(1) that he or she has the right to be represented by counsel and the right to have free counsel appointed if defendant is indigent
(2) that if defendant waives the right to counsel, he or she will be bound by the normal rules and procedure and that counsel would be familiar with those rules
(3) that possible defenses to the charges may be lost permanently if not raised at trial and that counsel may be aware of those defenses
(4) that in addition to defenses, there may be rights which may be permanently lost if not asserted in a timely manner
(5) that it errors occur and are not objected to in a timely manner, those errors may be lost permanently, and
(6) failure to obtain counsel shall not necessarily be grounds for a continuance of any part of the proceedings, including trial.
Rules 572--699. Reserved.
Rule 700.1. Sentencing by any Judge.
In addition to the judge who received the defendant's plea of guilty or of nolo contendere, any judge may sentence that defendant if the defendant was notified of that possibility at the time the plea was entered.
Rules 702--704. Reserved.
Rule 705. Rehabilitative Programs.
The Chief Probation Officer and Chief Juvenile Probation Officer shall submit a list of rehabilitative, treatment or therapy programs their respective offices propose to use as part of IPP, probation or parole to the President Judge, who may, after consulting with other judges of this court, approve the list either in whole or in part. Additions or deletions from the list may be proposed from time to time. Lists or amendments to the lists shall be filed with the Clerk, along with the administrative order of approval. Approval of a specific agency, such as Adams Hanover Counseling Service, shall serve to approve all therapists, counselors, psychologists and psychiatrist associated and in good standing with that agency.
Rule 705.1. Conditions of Probation, Intermediate Punishment and Parole.
(A) General:
Conditions of probation and/or parole may be established or changed by either local rule, specific order relating to a particular case or by administrative order. In addition to other filing requirements, all orders or rules shall be filed in the Clerk's office, and with each District Justice. Conditions identified as standard, by an asterisk, shall apply to all probation, parole or intermediate punishment supervision, unless specifically waived by court order. Special conditions, that is those without an identifying asterisk, shall apply only if checked. Special conditions may be ordered either at the time of sentence, or by order of modification thereafter. Any interested person, including probation officers, the District Attorney, or the defendant may request a modification of conditions at any time. The court may modify conditions after notice to interested parties, and an opportunity to be heard, but requests for modification may be denied without a hearing or prior notice. Interested parties may waive their right to hearing at the time a request is submitted.
(B) Programs:
Probation officers may require defendants to participate in approved programs, or to engage in therapy or counseling with approved counselors and other personnel, in accordance with Local rule 705. Programs and counselors may also be specially approved by order for specific cases.
(C) Sexual Offenders:
A judge, either when imposing sentence or upon later request, may direct that the defendant be classified as a sexual offender (SO) and be subject to special conditions identified as SO conditions. Conviction of any of the following crimes shall indicate a need for such classification:
(All references are to the Crimes Code, 18 Pa.C.S.A)
§ 2709(b), Stalking;
§ 2910, Luring a Child into a Motor vehicle;
§ 3121, Rape;
§ 3122.1, Statutory Sexual Assault;
§ 3123.1, Involuntary Deviate Sexual Intercourse;
§ 3124.1, Sexual Assault;
§ 3124.2, Institutional Sexual Assault;
§ 3125, Aggravated Indecent Assault;
§ 3126, Indecent Assault;
§ 3127, Indecent Exposure,
§ 5506, Loitering and Prowling at Night;
§ 5901, Open Lewdness;
§ 6301, Corruption of Minors (if defendant's conduct was sexual in nature);
§ 6312, Sexual Abuse of Children.
Unless the order provides otherwise, the classification shall be effective for a period of six months, during which time the Probation Office shall evaluate the defendant. The office shall recommend to the sentencing judge, or such other judge designated by the President Judge, that defendant's classification and supervision as a sexual offender be either continued or terminated. The period may be extended additional 6 month- periods at the request of the office.
Notwithstanding the above list of crimes, a judge may classify a defendant convicted of other crimes as a sexual offender, if the judge determines that the defendant will be benefited or the community be protected by SO conditions, or if the crime involved sexual overtones.
(C) Conditions:
Until changed by rule or administrative order, conditions of probation, parole and intermediate punishment are established in accordance with the following form:
(Caption) Instructions to defendant: You must comply with all conditions identified as standard by an asterisk (*) and all special conditions which have been checked. You [ ] have; [ ] have not been classified as a sexual offender and [ ] are; [ ] are not required to comply with SO conditions.
__________
COUNSELING
and
ALCOHOL AND CONTROLLED SUBSTANCES1. YOU MUST NOT:
*a. Use non-prescribed controlled substances.
*b. Become drunk or publicly intoxicated.
____ c. Consume alcoholic beverages.
*d. Enter or remain in any bar, tavern, or other drinking establishment, or any establishment selling alcoholic or malt beverages, including State Liquor Stores, without consent from the Probation Office
*e. Consume alcoholic beverages until this condition (e) has been waived in writing by the Probation Office.
2. YOU MUST:
*a. Agree to have your blood, breath, or urine tested as directed by the Probation Office or Prison Officials to determine if you are alcohol and/or drug free.
____ b. Attend counseling or therapy sessions related to drug and alcohol abuse as directed by the Probation Office.
____ c. Complete the alcohol safe driving school.
____ d. Attend mental health counseling and therapy programs as the Probation Office directs.
PERSONAL CONDUCT 3. YOU MUST:
*a. Avoid any violation of the law.
*b. Report any arrest to your Probation Officer.
*c. Avoid association with persons having serious criminal records and reputations for criminal conduct.
*d. Report to the Probation Office when directed.
*e. Obey all directions given by any Probation/Parole Officer.
*f. Avoid any contact which might cause fear, annoyance, or alarm to the victim of any case where charges have been filed against you.
*g. Be in your home and obey any curfew established by the Probation Office.
*h. Obey all Prison rules, including those imposed while participating in the work release program.
4. YOU MUST:
*a. If directed by your Probation Officer as soon as possible you must obtain and maintain a steady job.
*b. Avoid causing the loss of any job you get.
*c. Notify the Probation Office of any change in your present employment status.
FINANCIAL OBLIGATIONS 5. YOU MUST:
*a. Pay your debts, especially court ordered for the support of any other person.
*b. Pay court costs, fines and restitution on such payment plan as may be established by the Probation Office.
*c. Pay the costs of required counseling, therapy and treatment programs.
PUBLIC SERVICE 6. YOU MUST:
*a. Unless this condition is waived by a judge, perform public service. If no other period is designated, you must perform forty (40) hours If another period is designated, you must perform that amount. Service shall be arranged by Public Service Director for Adams County
____ b. Perform ____ hours of public service.
RESIDENCE 7. YOU MUST:
*a. Notify the Probation Office of any change of mailing address or physical residence.
*b. Obtain prior written permission from the Probation Office to leave Adams County or county of legal residence for any period of time in excess of twenty-four (24) hours unless prior permission is obtained by the Probation Office.
*c. Consent, as a condition of Probation/Parole, to warrantless searches of your residence by any Probation/ Parole Officer based upon any suspicion that the residence contains contraband or other evidence of probation or parole violations.
*d. Waive extradition procedures and rights, including the right to be taken before a judge in another state, with respect to violations of probation or parole conditions.
WEAPONS 8. YOU MUST NOT:
*a. Possess a firearm or any other deadly weapon if:
i. You have been convicted of a felony and/or are prohibited by Federal and State Law.
ii. Your current offense is for a firearms or deadly weapon violation.
iii. Possession is prohibited by a court order.
SO Conditions: [ ] all conditions apply
[ ] all conditions apply except
__________9. YOU MUST NOT POSSESS ANY OF THE FOLLOWING ITEMS, WITHOUT THE APPROVAL OF YOUR PROBATION OFFICER:
i. Badges, uniforms, weapons or other indicia of official authority,
ii. Chains, handcuffs, ropes or lines intended or designed as restraints,
iii. Children's clothing,
iv. Masks and disguises,
v. Photographs, video or films depicting or showing nudity,
vi. Photographs of the victim,
vii. Pornography.
10. YOU MUST NOT WITHOUT YOUR PROBATION OFFICER'S APPROVAL:
i. use fictitious names, other than those registered for legitimate business purposes.
ii. have any contact with children, other than those specifically authorized by your probation officer, and subject to conditions imposed by your probation officer,
iii. enter or remain upon school property, playgrounds or places where children congregate,
iv. linger, loiter or prowl in the vicinity of schools, playgrounds or places where children congregate.
v. use a public street or sidewalk that passes such a location, except for legitimate purposes of travel, or movement. In such a case, your use shall be limited in time and purpose to expeditiously traveling from one legitimate location to another.
vi. Rent or maintain a post office box, or receive mail at any location that does not identify your actual residence, without authorization from your probation officer
__________
Witness__________
Defendant__________
DateRule 708.1. Violation of Probation, Intermediate Punishment, or Parole.
Unless otherwise specifically noted, procedures established by this Rule shall apply to violations of probation, intermediate punishment, and/or parole, regardless of which particular form of supervision is involved.
(A) Gagnon I Hearing Master: The President Judge shall appoint an attorney authorized to practice before the Court to conduct Gagnon I hearings.
(B) Gagnon I Hearings: Normally, monthly hearings shall be scheduled by Court order at least three (3) weeks in advance. When a defendant has been committed to Adams County prison because of a violation, and no other detainers require commitment, hearings may be more promptly scheduled. The master shall promptly file with the Court preliminary findings and recommendations.
(C) Gagnon II Hearings: Gagnon II hearings shall be conducted on Revocation Day and normally scheduled by Court order at least three (3) weeks in advance. As in the case of Gagnon I hearings, hearings may be more promptly scheduled when a defendant is incarcerated.
(D) Failure to appear: A judge may order that a bench warrant issue for the arrest of any defendant who fails to appear at a hearing. If possible, any person so arrested shall be produced before a judge within 72 hours after being placed in Adams County prison. If holidays or court business cause a delay, the defendant shall be produced before a judge at the first available opportunity after being placed at Adams County Prison. The judge shall explain the reasons defendant is being held, the right to counsel and to hearing(s) on the charges and the possible consequences of being found in violation.
(1) Normally, when defendant has been arrested for failure to appear at a Gagnon I hearing, appearance before a judge shall suffice and be in lieu of that hearing. However, a Gagnon I hearing may be scheduled at defendant's request.
(2) Defendant may admit some or all of the alleged violations, but shall be under no obligation to deny them.
(3) If bail is set, it shall be conditioned on the defendant appearing at the next regularly scheduled Gagnon I or Gagnon II hearing date that follows arrest by at least twenty-one (21) days.
Comment: Although scheduling pursuant to this local rule is intended to reflect a balance between the necessity to prepare for hearings and defendant's interest in prompt disposition of charges, considerations of reasonableness may dictate either earlier or later hearings. Nothing in these rules shall preclude requests for special scheduling.
(E) Commencement of proceedings: Revocation proceedings may be commenced by petition and rule to show cause or by arrest. When commenced by arrest, defendant shall be produced before a judge without unnecessary delay. If possible, defendant shall be produced within 72 hours of his placement at Adams County Prison.
Rule 708.2. Intermediate Punishment Revocation Procedures.
(A) General
Because of considerations that are unique to intermediate punishment sentences, usually arising out of restrictive phases of the program, special or ''fast-track'' procedures applicable to revocation may be employed at the request of the Probation Office. To describe these and place them in perspective, the following provisions are adopted:
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 or Phase II.
5. Phase IV, modified intensive supervision.
6. Phase V, general supervision.
(B) General conditions of probation and parole, as set forth in Local Rule 705.1, shall apply to Phases III, IV and V.
(C) Revocation procedures established in Local Rule 708.1 shall be followed when a defendant is not incarcerated.
(D) When a defendant is incarcerated, the following procedure shall be followed:
(1) Within a reasonable time after incarceration occurs, the Probation Office shall transmit a request for an IPP review hearing to the District Attorney.
(2) As part of the request, the Probation Office may recommend that bail be set in a specified amount and be subject to any special conditions requested by the Probation Office. The Probation Office may also recommend that no bail be set.
(3) The District Attorney shall promptly submit an application to the court requesting that defendant's entry into the intermediate punishment program be revoked, that a hearing be scheduled and requesting that either that no bail be set, or that bail in a specified sum, subject to any requested conditions be set.
(4) The judge to whom the application is submitted shall schedule a hearing within fifteen (15) days of the defendant's arrest and may set bail, subject to any special conditions that are ordered. If defendant posts bail and is released prior to the scheduled hearing, the hearing may be rescheduled in accordance with Local Rule 708.1. Fast track revocation hearings will be conducted by a judge assigned by the President Judge to handle such intermediate punishment violations.
Rule 708.3. Intermediate Punishment Revocation Forms.
(A) 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.
(B). 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, [ ] no bail is set [ ] bail is set at $ ______ , with cash percentage bail ______ available, subject to conditions requested by the District Attorney. Defendant is notified that he/she has the right to petition the court for bail or for a modification of the bail set. Until modified, the bail herein set shall apply.
A revocation hearing is hereby set for ______ .M. on the ______ day of ______ , 20______ in Courtroom No. 2.
__________
Judge(C) Until changed, defendants shall be given notice in substantially the following form:
NOTICE DEFENDANT: CASE NUMBER:
FILE NUMBER:
You have been charged with violating the conditions of your sentence to Intermediate Punishment. If the Court finds that you violated those conditions, you may be resentenced. If no plea agreement affects resentencing, the sentence could be the maximum authorized by law. You have the following important rights:
1. You have the absolute right to be represented by a lawyer. If you are too poor to hire a lawyer, a lawyer will be appointed to represent you at the cost of the County and at no cost to you. However, you must file an application with the Public Defender's Office and you must qualify before free counsel will be provided. It is your responsibility to file the application promptly. Your failure to have counsel will not be cause to continue or postpone the hearing.
2. You have the absolute right to a hearing, at which the Probation Office must prove that you violated the conditions set forth in this notice.
3. You may request that a judge set bail in this matter. If bail has already been set, you have the right to request that bail be lowered or that certain conditions be changed. The Adams County Probation office has recommended [ ] that you should not be allowed to post bail [ ] that bail be set at $ ______ with cash percentage bail ______ available. It is your responsibility to petition the court for bail or 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: ______
Rules 709--et seq. Reserved.
[Pa.B. Doc. No. 01-264. Filed for public inspection February 16, 2001, 9:00 a.m.]
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