THE COURTS
CARBON COUNTY
Intermediate Punishment Plan; No. 057 MI 93
[32 Pa.B. 548]
Administrative Order 6--2002 And Now, this 22nd day of January, 2002, in order to modify policy and procedure for the Carbon County Intermediate Punishment Plan, it is hereby
Ordered and Decreed that, effective thirty days after publication in the Pennsylvania Bulletin, the Court hereby Revises its Intermediate Punishment Plan.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of the Order and Rule in the Clerk of Court's Office.
By the Court
RICHARD W. WEBB,
President JudgePurpose
To establish policy and procedure governing the administration of Carbon County's Intermediate Punishment Programs of Intensive Supervision Services, House Arrest/Home Electronic Monitoring and Residential Inpatient Treatment and to establish a process whereby the presentence investigator can consider innovative sentencing alternatives that may permit a better balance between the dual needs of community protection and the welfare of the defendant.
Applicability
To the Carbon County Court of Common Pleas, Carbon County Intermediate Punishment/Prison Board, all adult probation staff and offenders under the jurisdiction of the department.
Definitions
As utilized in this document, the following definitions shall apply:
1. Collateral Contact: Communication with another person having regular contact with the offender, such as law enforcement personnel or treatment specialists.
2. Home: The actual living area of the temporary or permanent residence of an offender, which will only include ''inside the confines'' of the established home or apartment.
3. Home Electronic Monitoring Program: A sentence in which the offender is required to wear or carry an electronic device which transmits the offender's location to a receiver maintained by criminal justice personnel.
4. House Arrest Program: A sentence which orders offenders confined to their own residence except for preapproved excursions for medical treatment, employment, performance of community service work, drug/alcohol treatment or counseling. House arrest may be combined with electronic monitoring to detect violations.
5. Intensive Supervision Services: A sentence with increased supervision, surveillance and control; reduced caseloads for probation officers; increased number of contacts per month; and mandated activities for the offender, including work or vocational training, community service work or drug/alcohol treatment.
6. Intermediate Punishment Board: A collective body of County officials comprising of the President Judge or his designee, the Sheriff, the District Attorney, the County Controller and the three (3) County Commissioners. The Board shall be responsible for the oversight of the County's Intermediate Punishment Plan and Programs.
7. Intermediate Punishment Plan: A document, which describes a proposed intermediate punishment program.
8. Intermediate Punishment Programs: A punishment option that is considered on a continuum to fall between traditional probation and traditional incarceration.
9. Presentence Investigation: A concise document provided to the sentencing court that includes socioeconomic data, prior criminal record, demographic data and other background information on the defendant.
10. Residential Rehabilitative Center: A community-based facility to which offenders can be sentenced directly where a range of rehabilitative services is available, including drug and alcohol treatment and counseling.
Intermediate Punishment Board/Prison Board
Since Carbon County is a sixth class county, a board shall be established in accordance with 61 P. S. § 1105. The board shall meet periodically to assess available county-wide correctional services and future needs; to work with the county office of probation and parole in developing the Intermediate Punishment Plan; to adopt a county intermediate punishment plan, including program policies for administration; to monitor the effectiveness of county correctional services and to identify needed modifications.
Primary Goals and Objectives
The County's Intermediate Punishment Programs shall embrace the primary purposes for the development of Intermediate Punishment Programs established by the Pennsylvania Commission on Crime and Delinquency, which are as follows:
1. To protect society and promote efficiency and economy in the delivery of corrections services.
2. To promote accountability of offenders to the community.
3. To fill gaps in local correctional systems and address local needs through expansion of punishment and services available to the Court, and,
4. To provide opportunities for offenders who demonstrate special needs to receive services, which enhance their ability to become contributing members of the community.
Secondary Goals and Objectives
Secondary objectives established and adopted by the Carbon County Intermediate Punishment Board, the Carbon County Court of Common Pleas and the Carbon County Adult Probation/Parole Department are as follows:
1. To establish effective intermediate punishment programs not to exceed fifteen (15) participants per officer.
2. To divert low risk; non-violent and special need offenders from exposure to incarceration and to provide a degree of punishment to an offender, which is less severe than incarceration, yet more punitive than existing probation.
3. To establish viable sentencing alternatives for the Court.
4. To reduce the incidence of criminal behavior through increased surveillance and to promote a more structured environment conducive to fostering improved work habits, family life and treatment of social or behavioral problems.
5. To provide counseling, education and treatment for targeted offenders.
Minimum Guidelines for Intermediate Punishment Programs
The Pennsylvania Commission on Crime and Delinquency has adopted the following minimum guidelines. These guidelines shall be incorporated into the County's Intermediate Punishment Programs as follows:
1. Intensive Supervision Services: The Intermediate Punishment Board shall approve and implement written policies and procedures for the Intensive Supervision Services Program (See 37 Pa. Code § 451.119). This program shall include the following elements:
a. A drug testing capability for appropriate offenders.
b. A monitoring component, which defines the frequency and method of face-to-face and collateral contacts to ensure offender's compliance with the conditions of the program.
c. Limitation of caseloads of program supervising officers consistent with the supervisory component as described in this policy statement.
d. A minimum requirement that eight (8) to twelve (12) face-to-face and four (4) to six (6) collateral contacts be made by the supervising officer each month.
e. A requirement that face-to-face and telephone contacts with offenders be made at all hours, seven (7) days per week.
f. A requirement that there be additional qualifications for participating offenders, such as work or vocational training, community service, drug treatment, and, in appropriate cases, a curfew.
g. Policy and procedure for responding to major and minor violations of the program.
2. House Arrest Program: The Intermediate Punishment Board shall approve and implement written policies and procedures for the House Arrest Program (See 37 Pa. Code § 451.117). This program shall include the following elements:
a. A drug testing capability for appropriate offenders.
b. A requirement that offenders be employed or actively seeking employment or enrolled in educational program/vocational training or participating in community service, unless an offender is physically or mentally incapable of performing the same, and have fixed residences.
c. A monitoring component, which defines the frequency of face-to-face and collateral contacts to ensure offenders' compliance with the conditions of the program.
d. Limitation of the caseloads of program supervising officers consistent with the supervisory plan as described in this policy statement.
e. A requirement that a minimum of two (2) face-to-face and three (3) collateral contacts be made by the supervising officers each month.
f. A policy and procedure for responding to major and minor violations of program conditions.
g. If utilized in conjunction with the home electronic monitoring program, the minimum standards relating to home electronic monitoring shall be met.
h. A program for eligible DUI offenders shall be combined with an electronic monitoring program in accordance with the statutory requirements relating to sentencing restrictions.
3. Home Electronic Monitoring: The Intermediate Punishment Board shall approve and implement written policies and procedures for the Home Electronic Monitoring program (See 37 Pa. Code § 451.114). This program shall include the following elements:
a. A drug testing capability for appropriate offenders.
b. The timely detection of violations.
c. The maintenance of a 24-hour-per-day response to detected violations.
d. A monitoring component to ensure offender's compliance with the conditions of the program.
e. A policy and procedure for responding to major and minor violations of program conditions.
4. Residential Inpatient Drug and Alcohol Program: The Intermediate Punishment Board shall approve and implement written policies and procedures for the Residential Inpatient Drug and Alcohol Program. The board shall document that the services are provided by a licensee of the Department of Health, Office of Drug and Alcohol Programs (ODAP) for residential inpatient drug and alcohol treatment (See 37 Pa. Code § 451.121). This program shall include the following elements:
a. A drug testing capability.
b. Establishment of services based on an assessment of the offender's needs and available community resources.
c. Establishment of aftercare and follow-up services involving sustained and frequent interaction with recovering individuals who have progressed from the intensive or primary phase of treatment.
d. Efforts to recruit, screen and select service providers.
e. Guidelines to monitor the purchase of services for offenders.
f. A monitoring component to ensure the offender's compliance with the conditions of the residential inpatient drug and alcohol program.
g. Policy and procedure for responding to major and minor violations of residential inpatient drug and alcohol program conditions.
Intermediate Punishment Requirements
An order for an intermediate punishment program for an offender may be continuous or intermittent. The participant will be required to remain within the confines of his/her residence, except when the offender is participating in any of the following:
1. Working at acceptable employment approved by the Court or the Adult Probation/Parole Department or traveling to and from approved employment.
2. Unemployed and actively seeking employment.
3. Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved by the Court or the Adult Probation/Parole Department.
4. Attending a vocational or educational program approved by the Court or the Adult Probation/Parole Department.
5. Attending a regularly scheduled religious service at a place of worship.
6. Participating in a community work release or community service program.
7. Sentenced to the intensive supervision program without a curfew restriction.
8. Engaging in other activities specifically approved by the Court or the Adult Probation/Parole Department.
Sentence of Intermediate Punishment
In imposing a sentence of intermediate punishment, the court shall specify at the time of sentencing the length of the term for which the defendant is to be in an intermediate punishment program or a combination of intermediate punishment programs. The term may not exceed the maximum term for which the defendant could be confined and the program to which the defendant is sentenced. The court may order a defendant to serve a portion of the sentence under 42 Pa.C.S. § 9755 (relating to partial confinement) or total confinement pursuant to 42 Pa.C.S. § 9756 (relating to total confinement) and to serve a portion in an intermediate punishment program or a combination of intermediate punishment programs pursuant to 42 Pa.C.S. § 9763 (sentence of intermediate punishment).
Modification or Revocation of Intermediate Punishment Sentence
The court may at any time terminate a sentence of intermediate punishment or increase or decrease the conditions of the sentence pursuant to 42 Pa.C.S. § 9763 (sentence of intermediate punishment) or 42 Pa.C.S. § 9773 (modification or revocation of intermediate punishment sentence).
Eligible Offenders
For purposes of sentencing, an eligible offender shall be defined as follows:
1. A person convicted of an offense who would have otherwise been sentenced to a county correctional facility to a period of partial confinement pursuant to 42 Pa.C.S. § 9724 (relating to partial confinement) or total confinement pursuant to 42 Pa.C.S. § 9725 (relating to total confinement).
2. An offender who does not demonstrate a present or past history of violent or assaultive behavior.
Eligible DUI Offender
Any person receiving a penalty imposed pursuant to 75 Pa.C.S. § 3731 (relating to driving under the influence of alcohol or controlled substance) may only be sentenced to an intermediate punishment program in:
1. A residential inpatient treatment program or a residential rehabilitative center.
2. A house arrest program coupled with a home electronic monitoring program combined with drug and alcohol treatment.
DUI Offender Target Population and Other Eligibility Criteria
In addition to the statutory eligibility requirements as described in this policy statement, the following additional criteria will be utilized to determine DUI offender eligibility:
1. The offender must be a second time DUI offender. First and fourth time offenders shall be declared ineligible, unless otherwise court ordered.
2. No serious bodily injury or death resulted from the incident.
3. The offender, at the time of the offense, possessed the necessary motor vehicle insurance set forth by the Pennsylvania No-Fault Motor Vehicle Insurance Act, to cover all property damage and/or personal injuries.
Third-Time DUI Offender Population
Typically, third-time DUI offenders are ineligible for participation in the home electronic monitoring program. However, offenders who complete the following requirements shall be declared eligible when,
1. The offender successfully completes a residential inpatient treatment program provided by a current licensee of the Department of Health, Office of Drug and Alcohol Programs for outpatient services.
2. Meets all other eligibility criteria as outlined in this policy statement.
Offender Target Population and Other Eligibility Criteria
In addition to the statutory eligibility requirements as described in this policy statement, the following additional criteria shall be utilized to determine offender eligibility:
1. An offender who exhibits a present or past history of violent or assaultive conduct.
2. An offender who is being held under a detainer, warrant or process issued by this Court or a Court of another jurisdiction.
3. An offender who has been revoked from a period of supervision on two (2) or more separate occasions.
4. An offender who has an extensive criminal or driving record.
5. An offender who resides outside the geographical boundaries of Carbon County, unless the resident jurisdiction has a comparable intermediate punishment program.
6. The victim of the instant offense incurred serious bodily injury or suffered serious psychological harm as a result of the offender's actions.
7. An offender who has a history of prison escape.
8. An offender who has a history of chronic mental health or psychotic behavior, which would interfere with the program.
9. An offender who does not have a telephone in the residence.
10. An offender who does not desire to participate in these programs.
11. An offender who has been afforded home electronic monitoring in the past.
12. An offender convicted of Driving Under Suspension pursuant to 75 Pa.C.S. § 1543 (b).
13. An offender who did not possess a valid driver's license at the time of the arrest.
14. An offender convicted of Habitual Offenders pursuant to 75 Pa.C.S. § 6503.1.
15. An offender convicted of Fleeing or Attempting to Elude Police Officer pursuant to 75 Pa.C.S. § 3733.
16. An offender who received an early discharge from the ARD Program and committed his/her second DUI offense while in the ARD Program, but did not report the new arrest to his probation officer.
17. An offender who does not make restitution to the victim(s) for out-of-pocket losses that were not covered by insurance, prior to acceptance into an intermediate punishment program.
18. An offender who due to ''exigent circumstances'' would be deemed inappropriate for inclusion in the program.
Ineligible Offenders
Pennsylvania law states that any person convicted of certain targeted offenses shall be ineligible under a sentence of intermediate punishment (See 42 Pa.C.S. § 9729(c).)
Screening Process
An offender may be declared eligible upon the recommendation of the Adult Probation/Parole Department upon completion of any of the following or combination thereof:
a. A presentence investigation.
b. An intermediate punishment investigation.
c. Any offender placed in these programs by an Order of Court.
Intermediate Punishment Investigations and Presentence Investigations
During the investigative phase, the presentence investigator shall identify prospective participants for possible consideration of an intermediate punishment program. During the preparation of guilty plea reports or a presentence report, the investigator shall refer all plea agreements and sentencing recommendations that suggest a sentence of intermediate punishment to the intermediate punishment officer for investigation. This investigation shall include the following:
1. An interview of the defendant and other occupants of the residence, when applicable.
2. Completion of an intermediate punishment eligibility application, which application is available at the Carbon County Adult Probation Office.
3. Field visit to offender's residence.
4. Explanation of program requirements to the offender and all occupants of the residence, when applicable.
5. Completion of all appropriate forms, which include:
a. Occupant's Approval Form, if applicable
b. Conditions of supervision
c. Equipment Responsibility Form
d. New Client Installation Form, if applicable
6. Written memorandum to the court with sentence recommendation.
Program Violations
The following classification system for program violations shall be utilized to determine the level of compliance with the conditions of Intermediate Punishment Programs.
Minor Violations
The following violations shall be considered minor in nature:
1. Failure to report as scheduled.
2. Failure to maintain the scheduled treatment plan.
3. Failure to notify staff of changes in status.
4. Failure to comply with rules and regulations of the program or Court order.
5. Unauthorized individuals within the residence.
Minor Violation Process
When ''minor'' violations are detected, the following corrective action may be initiated by the assigned Officer:
1. Verbal reprimand.
2. Written violation report.
3. Administrative conference.
4. Increase in sanctions, such as, curfews; additional counseling or reporting, which changes shall be provided to the offender in writing.
Major Violations
The following violations shall be considered major in nature:
1. Possession of firearms, deadly weapons or offensive weapons.
2. Possession or consumption of alcoholic beverages.
3. Possession or positive urine test for a controlled substances.
4. Possession of drug paraphernalia.
5. Relocation from the approved residence without the prior approval of the assigned Officer.
6. A new arrest for violation of Municipal, County, State and Federal laws, as well as, provisions of the Liquor Code and the Vehicle Code.
7. Escape, which shall be defined as a period of one (1) hour or longer in which the participant has left the approved residence and is unaccounted for.
8. Repeated minor violations.
9. Destruction, theft or tampering with electronic equipment.
10. Operating a motor vehicle on a public highway while license is suspended.
Major Violation Process
When ''major'' violations are detected, the assigned Officer may initiate the following corrective action:
1. Written violation report.
2. Administrative conference.
3. Increase in sanctions, such as, curfews; additional counseling or reporting, which changes shall be provided to the offender in writing.
4. File a petition to revoke intermediate punishment sentence requesting a hearing and/or a warrant for arrest and detention of offender.
Investigation of Detected Program Violations
All violations of any intermediate punishment program shall be investigated by the assigned officer or on-call officer immediately after detection. All relevant information and documentation concerning electronic monitoring violations shall be obtained from the central monitoring station with all persons involved, with the violation being interviewed. Upon determination of the specific violation, the officer shall follow the violation process as described in the department's operation manual.
Investigation of Program Violations (After Normal Business Hours)
Response to program violations after normal business hours shall occur as follows:
1. On-Call Schedule: The Chief Adult Probation/Parole Officer shall prepare and post an on-call schedule. All Adult Probation/Parole Officers will be scheduled and rotated on a weekly basis and shall be responsible for the following:
a. The on-call officer must wear the digitized pager at all times. Failure to respond to a page will result in appropriate disciplinary action.
b. The on-call officer will be responsible for the pager. If the pager is damaged or lost, the cost of the pager may be assessed to the officer.
c. Modifications to the on-call schedule are permitted. Prior arrangements shall be made with the Chief and the Carbon County Communications Center to ensure proper coverage.
2. Home Electronic Monitoring Violations: In the event that an electronic monitoring violation occurs, the following procedures shall be utilized:
a. The central monitoring station has been provided a procedure to notify the Carbon County Communications Center for program violations.
b. The Carbon County Communications Center shall be provided all officer pager numbers and personal telephone numbers.
c. An intermediate punishment program manual will be provided to all officers as a reference guide. All telephone numbers will be available within the manual.
d. When the on-call officer is notified of a program violation, the officer shall respond to the page immediately. If the violation is for home electronic monitoring, the officer shall contact the central monitoring station to determine the nature of the violation. If the monitoring center cannot correct the problem, then the officer shall contact the offender to resolve the problem. If the problem cannot be rectified over the telephone, then, the on-call officer must respond to the residence to investigate the violation. However, before conducting the field investigation, the on-call officer shall contact the back-up on-call officer for authorization. The on-call officer shall not conduct a field investigation without proper authorization from a supervisor.
e. The following home electronic monitoring violations must be investigated by the on-call officer after normal business hours. All other program violations will be investigated by the assigned probation officer the next available working day.
1. Band Tamper
2. Out-of-Range
3. Power Outage or Loss
f. When it is determined by the on-call officer that immediate termination is justified for the violation, the officer shall:
1. Immediately notify the back-up on-call supervisor.
2. Contact other adult probation staff for possible assistance.
3. Contact the Carbon County Communications Center for possible assistance from the Carbon County Sheriff's Department.
4. If the Sheriff's Department is unavailable, then contact the local police department for possible assistance.
5. Under no circumstances shall a probation officer attempt to arrest the offender without proper authorization from the back-up on-call supervisor and proper presence of law enforcement personnel.
6. The offender shall be transported to prison by adult probation staff or the Sheriff's Department. A Warrant to Commit and Detain Form shall be executed and provided to prison officials for admission of the offender.
g. If the offender is immediately terminated from the program, then all home electronic monitoring equipment shall be removed from the residence and inventoried. The monitoring center shall be immediately notified of the termination.
Other Program Violations
The agency recognizes that other emergency situations will arise after normal business hours. In the event that the on-call officer receives a page for a situation other than an intermediate punishment program violation, then the on-call officer must respond to the page. The officer shall attempt to resolve the problem over the telephone, however, if the problem cannot be resolved, then the officer shall investigate the violation in accordance with agency policy and procedure. Under no circumstances shall the on-call officer conduct a field investigation or detain an offender without proper authorization from the back-up on-call supervisor. Failure to respond to a non-intermediate punishment program violation will result in appropriate disciplinary action.
Method of Supervision
Generally, an offender sentenced to an intermediate shall be supervised in the community. However, office contacts will be permitted, but should not be relied upon by the officer. Supervision of program participants shall occur as follows:
1. Intensive Supervision Program: Offenders placed in this program will be supervised in the community setting by the assigned officer as follows:
a. Community Supervision: The officer shall maintain two (2) face-to-face contacts with the offender on a weekly basis. Office contacts can be utilized for personal contacts, however, office contacts are discouraged and should not be relied upon by the officer.
b. Collateral Contacts: The IP Officer shall maintain a minimum of one (1) collateral contact per week with an individual who has direct contact with the offender on a regular basis. One (1) collateral contact per month must be with a law enforcement official.
c. Urine Screens: The assigned officer shall refer all offenders to the Carbon-Monroe-Pike Drug/Alcohol Commission for urine testing.
2. House Arrest/Home Electronic Monitoring:
a. Community Supervision: Offenders placed in this program will be supervised in the community. The officer will maintain one (1) face-to-face contact with the offender on a weekly basis. Office contacts can be utilized for personal contacts, however, office contacts are discouraged and should not be relied upon by the officer.
b. Collateral Contacts: The officer shall maintain a minimum of three (3) collateral contacts per month with an individual who has direct contact with the offender on a regular basis. One (1) collateral contact must be with a law enforcement official.
c. Urine Screens: The assigned officer shall refer all offenders to the Carbon-Monroe-Pike Drug and Alcohol Commission for urine testing.
3. Residential Inpatient Drug and Alcohol Program:
a. Community Supervision: The officer shall maintain contact with the inpatient facility to ensure that the offender is compliant with the requirements of the treatment program. The officer shall maintain one (1) monthly contact with the offender while in the treatment program.
b. Collateral Contacts: The officer shall maintain weekly contact with the treatment counselor.
c. Urine Screens: The offender shall undergo random urinalysis testing as per the requirements of the inpatient treatment facility.
d. Referral Process: Offenders selected for the residential inpatient treatment program shall be referred to the Carbon-Monroe-Pike Drug/Alcohol Commission. This facility will locate a suitable facility, accredited by the Office of Drug and Alcohol Programs. The Carbon-Monroe-Pike Drug/Alcohol Commission shall perform an assessment on the offender to determine his/her needs and locate the appropriate treatment facility. Also, the prison counselor may locate a suitable treatment facility.
e. Credit for Time Served: Offenders who successfully complete inpatient treatment, may receive credit towards mandatory minimum provisions of the Drunk Driving Law or other total or partial confinement sentences.
f. Probation, Parole or Intermediate Punishment Violators: These violators will be considered for an early discharge from their recommitment sentence, to a residential inpatient treatment program, when the violations are for drug and/or alcohol technical violations. All referrals shall be made to the Carbon-Monroe-Pike Drug and Alcohol Commission.
g. Treatment Documentation: The assigned officer shall execute a release of information form to secure all treatment documentation on the offender's progress in the program.
h. After-Care/Follow-up Recommendations: The offender will be required to follow all after-care treatment recommendations made by the treatment facility.
Termination From an Intermediate Punishment Program
The following criteria shall be utilized to determine when an offender should be terminated from an intermediate punishment program:
1. The participant has successfully completed all conditions of the program.
2. The participant has committed ''major'' violations of the program and was returned to prison.
3. The participant has served the minimum sentence imposed by the Court and has been legally discharged.
Termination Order
Upon successful completion of the minimum sentence, an order of court shall be prepared discharging the offender from the program.
Voluntary Participation
Participation in these programs shall be strictly on a voluntary basis. Offenders who do not desire to participate in these programs will be declared ineligible.
Program Explanation
All program requirements shall be explained prior to admission of the offender into an intermediate punishment program. Also, all occupants of the approved residence shall be advised of the restrictions and requirements of the program. If a resident objects to the program, then the offender may be declared ineligible.
Enrollment and Initial Home Contact
During the initial home contact with the offender, the assigned officer shall:
1. Review the terms and conditions of the program.
2. Explain program requirements to all residents.
3. Read, explain and obtain signatures on all forms.
4. Explain parameters of home electronic monitoring program.
5. Explain consequences of program violations.
6. Explain payment of daily monitoring fees.
7. Explain responsibility and maintenance of equipment.
8. Install equipment.
9. Confirm with the monitoring center that equipment is operational.
10. Obtain a layout of the residence.
Ankle Bracelets
Offenders placed on a home electronic monitoring unit will be required to wear ankle bracelets at all times. The bracelet emits a continuous signal to a receiver installed in the residence. Upon every field visit by the probation officer, a visual inspection of all monitoring equipment shall be conducted to ensure proper functioning.
Post Sentencing Orientation
After placement into the home electronic monitoring program, the participant shall be advised of the date and time that the equipment will be installed in the residence and other program requirements.
Equipment Responsibility
All electronic equipment installed in the offender's residence shall be the exclusive responsibility of the participant to maintain its proper functioning and operation. Any tampering, theft or destruction of the equipment by the offender may result in the filing of criminal charges, being held financially responsible for the cost of the equipment and being immediately terminated from the program. Also, every participant must read and sign the equipment responsibility form.
Equipment Inventory
All equipment installed in the residence must be inventoried at the time of installation. Upon termination from the program, the officer shall inventory and visibly inspect all equipment to ensure that no damage occurred during the program.
Offender Subsistence
Every offender placed in an intermediate punishment program will be responsible for their own subsistence, which includes, housing, clothing, medical care or other treatment or household expenses. Every participant shall be afforded a designated time during the week for grocery shopping, medical appointments or other basic necessities. All departures from the approved schedule must receive prior approval by the adult probation/parole department or assigned officer.
Monitoring Fees
An offender placed in the home electronic monitoring program shall be responsible for all costs associated with the monitoring aspect of the program. All fees collected will be deposited into an account to be utilized for the operation of the home electronic monitoring program or other departmental operations. Finally, all fees shall be made part of the order of sentence and the certificate of costs sheet.
Local Law Enforcement Notification
Local law enforcement agencies will be provided with all information concerning program participants.
Case Records
After placement into an intermediate punishment program, a case record folder shall be prepared with a green identification label. Also, a complete roster shall be maintained on every program participant by the project coordinator.
Project Coordination
The Chief Adult Probation/Parole Officer shall be responsible for the preparation, completion and submission of all sub-grant reports, progress reports, budget modification forms and related documentation to the Pennsylvania Commission on Crime and Delinquency. The Project Coordinator and the intermediate punishment officer, in conjunction with the Intermediate Punishment Board, shall evaluate program goals and effectiveness on a regular basis.
Verification of Compliance With Court Imposed Sanctions
The assigned officer shall secure and verify employment via pay stubs or interviews with the employer. Also, if the offender is undergoing treatment or counseling, the officer shall verify all sessions with the counselor. Verification is an important aspect of supervision, for it ensures compliance with the conditions of the program.
Transfer Cases
The Intermediate Punishment Officer shall coordinate efforts with other jurisdictions when appropriate candidates are identified. When an offender resides in another jurisdiction, the intermediate punishment officer shall confer with the resident county to determine whether that jurisdiction has an intermediate punishment program. All arrangements shall be made by the intermediate punishment officer and forwarded to the Court for review. All costs associated with other county's programs will be absorbed by the offender, unless otherwise court ordered.
Courtesy Cases
The department will accept intermediate punishment cases from other jurisdictions. Requesting counties shall coordinate with the intermediate punishment officer to determine eligibility. The officer will conduct an investigation and advise the requesting county whether the offender qualifies. If the department accepts an offender for supervision, then an effective date shall be established. Upon enrollment in the program, the offender will be required to pay the current daily monitoring fee established by the court, for the entire period of supervision. No personal checks will be accepted, only cash or money orders. A receipt will be provided to the offender.
Caseload Limits
The Chief will periodically review the caseloads of the Intermediate Punishment Officer to ensure that the officer has a manageable caseload and proper resources. This review process will ensure that the minimum standards adopted by the State and the Court are not compromised.
[Pa.B. Doc. No. 02-165. Filed for public inspection February 1, 2002, 9:00 a.m.]
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