[34 Pa.B. 4554]
[Continued from previous Web Page] Bail Reports
Primary Purpose: The primary purpose of the bail report is:
1. To provide the issuing authority or court with timely, relevant and accurate information concerning the offender,
2. To collect information necessary for making a bail determination.
New Admissions: The pretrial officer shall contact the Carbon County Prison daily for all new prison admissions and obtain all identifying information from prison administration on the inmate.
Timetables for Completion: The pretrial services officer shall conduct a timely interview with the defendant at the earliest time possible after the arrest and commitment to prison. Ideally, the officer should conduct the initial interview within twenty-four (24) hours of detention on weekdays and seventy-two (72) hours of detention on weekends.
Universal Screening: Except in those cases where the court has no jurisdiction to effect release, all defendants in custody shall be interviewed, regardless of the nature of the instant offense. The following exceptions shall apply:
1. Indirect criminal contempt (PFA Violators).
2. Bench Warrants for Failure to Appear or Domestic Relations.
3. Probation/Parole violators.
4. Fugitives From Justice.
Agency Resources and Assignment of Reports: The agency has created a specialized unit that processes and completes all bail reports through the pretrial services division. The Chief shall assign all bail reports to the pretrial services officer. However, whenever time constraints prohibit, or resources are limited, the Chief or other staff personnel may assist in the preparation of these reports. Also, universal-screening practices may be adjusted to maximize the impact of pretrial intervention when workloads may prohibit such screening procedures.
Necessary Documentation From Issuing Authority or Magistrate: When an offender is incarcerated and a bail interview is required, the pretrial services officer shall obtain a copy of the criminal complaint, affidavit of probable cause and the bail piece from the appropriate Magistrate.
Criminal History Records: Once the pretrial services officer obtains the identifying information from prison officials, the officer shall immediately notify the Carbon County Communications Center to obtain a criminal history on the offender through the Commonwealth Law Enforcement Assistance Network (CLEAN) as follows:
1. Complete a request for criminal history form as developed by the 911 Communications Center and submit the form to the center with the department's Originating Agency Identifier (ORI).
2. Once the agency is operational with the Justice Network (JNET), then the officer will be able to generate his or her own criminal history for Pennsylvania.
3. However, until operational, if the offender has an out-of-state criminal history, then the officer shall request from the 911 Communications Center a criminal history through National Crime Information Center (NCIC).
Initial Interview and Collection of Information: The pretrial services officer shall conduct a structured interview with the defendant, either face-to-face or by video conferencing. The officer shall gather information from the defendant using the following areas of discussion:
1. Criminal history information
2. Employment history
3. Marital information
4. Financial information
5. Medical/Health Information
6. Military Information
7. Family History
8. Community and Neighborhood Information
9. Educational Information
10. Identifying Information
Questions Concerning the Alleged Incident: Pursuant to the requirements of 42 Pennsylvania Rules of Criminal Procedure, Rule 530 (B), the representative of the adult probation/parole office who obtains information from the defendant shall both orally and in writing, advise the offender that anything said may be used against the defendant. The interview process shall not include any questions or discussions concerning the alleged incident. Such questions may impede the program's ability to conduct impartial inquiry.
Training: The Chief shall determine appropriate levels of training in the preparation of investigative reports, which shall include specialized training involving interviewing skills and techniques or report writing.
Interview of the Defendant: The pretrial services officer shall interview the defendant is accordance with this policy statement. The writer of the report must plan the interview before it actually begins. This approach will make the interview more effective, efficient and structured, which should reduce the risk of requiring an additional interview. Before the interview begins, the investigator should inform the defendant of the nature and purpose of the interview and the report. During the interview, the investigator should develop an interview sequence, which would make the offender more willing to communicate. The sequence should be a statement that introduces the topic, questions that elicit the information and probes that clarify or elaborate on the information obtained from the question. The investigator shall record all information obtained from the defendant.
Video Conferencing: The interviewer shall coordinate with prison officials to conduct the interview using video conferencing.
Content of the Bail Report: The following information shall be gathered and included in the body of the report:
1. Identifying Information (Cover Sheet):
a. Date of Report, Name, Aliases, address, age, date of birth and social security number
b. Sex, Race and Citizenship
c. Education and Marital status
d. FBI , SID and OTN Numbers
e. Docket Number, Criminal Offenses, Gradation, Statutory Citation and Custody Status
f. Name of Judge, Bail Amount, Offense, Arrest and Commitment Dates
g. Detainers or other pending charges, Co-defendants
h. Height, Weight, Eye Color, Hair Color, Marks, Scars or Tattoos
i. Prior record history summary
2. Criminal History:
a. All prior juvenile arrests or adult arrests shall be verified in writing. Exceptions shall be permitted for telephonic verification when time constraints prohibit the acquisition of written documentation.
b. Obtain criminal records from rap sheets from state and federal repositories, District Attorney's File, Clerk of Courts Office, other probation offices, local police departments, local magistrates, previous presentence reports, and internal management information systems.
c. List of previous juvenile arrest/adjudications (information must include docket number, offense date, place of arrest, arresting agency, offense, disposition date, sentence date and disposition).
d. List of previous adult convictions (information must include docket number, offense date, place of arrest, arresting agency, offense, disposition date, sentence date and disposition).
e. Military arrests (information must include, docket number, offense date, place of arrest, arresting agency, offense, disposition date, sentence date and disposition).
f. Previous probation and parole supervision (information must include revocations and failure to appear history).
g. Detainers or pending charges presently lodged against the defendant.
3. Family History:
a. Name, address, age and telephone number of biological parents or stepparents.
b. Name, address, age and telephone number of all siblings or stepsiblings.
c. Early developmental influences, such as physical, mental or sexual abuse which may have a significant impact on the defendant's present behavior or personality.
d. Attitudes of the defendant towards his relationship with his family, including discipline, affection or rejection.
e. Whom defendant was reared, if other than parents.
f. Relationships with all family members and extent of family solidarity.
g. Interview with adult family members, who reside with the defendant, concerning defendant's suitability to reside at the residence, if released from prison.
h. Other significant information provided by the defendant.
4. Marital Status:
a. Present marital status, including common law (include date, place, name, address, age, and telephone number of spouse or paramour).
b. List name, age and address of all children produced by the defendant, including the name of the other biological parent.
c. Previous marriages (including date, place, name of previous spouse). If divorced, cite reasons for the separation.
d. Domestic violence history, including the filing of a protection from abuse order, (only when the instant offense involves a victim of domestic violence).
e. Interview with spouse or adult children, if they reside with the defendant.
f. Other significant information provided by the defendant.
5. Home and Neighborhood:
a. Description of home or residence and physical verification of same, when offender resides in Carbon County. When a defendant resides outside Carbon County, then the investigator must verify the residence telephonically.
b. List all prior residences, length of residency and with whom the defendant resided.
c. Description of defendant's ties to the area, if any (including family or friends).
d. Other significant information provided by the defendant.
6. Health:
a. Defendant's general medical condition or health problems, current or previous.
b. Drug and alcohol related history (including frequency of use; age when first started experimentation; prior treatment; prior criminal activity related to drug/alcohol problems).
c. Mental Health related history (including social adjustment; prior mental health treatment; reasons for admission; discharge diagnosis).
d. Assaultive Conduct (including any prior convictions or arrests for assaultive behavior, impressions of the investigator as to the risk the offender poses to the community).
e. Sexual Conduct (including any prior convictions or arrests for sexual assaultive behavior, impressions of the investigator as to the risk the offender poses to the community).
f. Other significant information provided by the defendant.
7. Employment:
a. List current employer (information must include name, address, position, wages, and dates of employment).
b. Interview current employer for verification purposes (information must include, name, address, position, wages, dates of employment and risk of losing position).
c. If the defendant objects to the investigator interviewing their employer, then the investigator shall not conduct the interview, but include that information in the body of the report.
d. Only include a list of previous employers for a period of five years (information must include, name, address, position, address, wages, dates of employment and reason for leaving).
e. List all skills, interests and abilities.
f. List attendance at vocational or technical schools and certificates.
g. List other sources of income (including disability, retirement, public assistance).
h. Other significant information provided by the defendant.
8. Education:
a. Highest grade achieved.
b. Post high school education.
c. Age left school and reason.
d. Other significant information provided by the defendant.
9. Military Record:
a. Branch of military service, serial number and dates of enlistment and discharge.
b. Highest grade or rank achieved.
c. Type of discharge.
d. Other significant information provided by the defendant.
10. Financial Status:
a. Assets: Statement of financial assets and general standard of living (Houses, vehicles, property, accounts, investments, stocks, bonds, etc.)
b. Financial obligations (Including mortgage, household expenses, child support, court costs).
c. Other significant information provided by the defendant.
11. Sources of Information:
a. Cite all sources of information.
12. Official Version (Affidavit of Probable Cause):
a. A copy of the criminal complaint shall be included in the body of the report.
13. Supervision Plan:
a. In all cases, the interviewer shall identify problematic areas with the offender and recommend special conditions to the issuing authority or judge for inclusion in the bail piece.
14. Signature Page:
a. Signature of investigator and date.
b. Signature of approval by Chief or supervisor and date.
15. Assessment Tool:
a. An assessment tool has been developed by the department and shall be completed on every offender and included in the body of the bail report.
Report Formats: All information shall be prepared using report formats adopted by the court and the agency.
1. Bail Report Format: This format focuses on a topic outline and prepared in a narrative form, outlining key factors.
Report Writing: The report shall be prepared in a clear, thorough and concise manner, writing in the active voice. The investigator shall distinctly label what are opinions, conclusions and facts and cite and identify the source, with all information being verified. The investigator shall use wording that everyone understands and describe people, things and events in operational terms.
Uncooperative Defendant: During the interview phase, if a defendant fails to cooperate with the investigator, then the investigator shall notify the issuing authority that the defendant has failed to cooperate during the interview process.
Verification of Information: The defendant shall be informed that the interview is designed to obtain information concerning bail consideration and that all information gathered will be verified. The investigator shall verify the following information:
1. Prior Criminal Record History
2. Defendant's Address
3. Family ties to the area (interview adult occupants of the residence).
4. Employment or schooling (interview employer or school officials, when applicable).
Purpose of Verification: The rationale for verification is based on the following:
1. It allows the interviewer an opportunity to confirm the accuracy of the information gathered.
2. It may serve as a notification to family or friends of the arrest.
3. It may provide useful information to the court concerning serious health problems or drug/alcohol dependency problems that may require immediate attention by the court of prison personnel.
4. It adds credibility to the interview information.
Address Verification: The investigator shall verify the offender's residence using the following standards:
1. When an offender resides in Carbon County, the officer must physically inspect and verify the residence to determine whether the offender can reside there if released from custody.
2. The officer must attempt to gain entrance and interview a resident, however, if the officer cannot gain entrance, then this information shall be included in the body of the bail report.
3. Telephonic interview with a resident is acceptable if the officer cannot gain access to the residence.
4. When an offender resides outside of Carbon County, then telephonic verification is required, however, if the officer cannot contact a resident, then this information shall be included in the body of the bail report.
5. If the offender resides alone, then the officer must contact the landlord or family member. If the officer cannot contact the landlord or family member, then this information shall be included in the body of the bail report.
6. The officer shall only include the defendant's prior addresses within the past three (3) years.
Objectivity: The investigator shall remain objective when preparing the report. The writer shall avoid and eliminate previous experiences, stereotypes, prejudices and biases when completing the report.
Documentation: During the investigative phase, the investigator shall document all information and maintain accurate records.
Review of the Report: Prior to submission of the report to the appropriate issuing authority, the Chief or supervisor shall review all bail reports for investigative conduct, report preparation, content and accuracy.
Submission of the Report: The completed bail report shall be submitted to the following parties in advance of the scheduled preliminary hearing:
1. The issuing authority (Magistrate).
2. The District Attorney's Office.
3. Defense Counsel or defendant, if unrepresented.
Confidentiality of Bail Report: Pursuant to the requirements of 42 Pennsylvania Rules of Criminal Procedure, Rule 530(C), all bail reports shall be declared confidential and not of public record.
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.
Disclosure to Other Interested Parties: Pursuant to the requirements of 42 Pennsylvania Rules of Criminal Procedure, Rule 530(C), the bail report shall be disclosed to the following interested parties:
1. Defense Counsel and/or the defendant, if unrepresented,
2. The issuing authority or judge setting the bail,
3. The attorney for the Commonwealth,
4. Probation Department preparing a presentence investigation,
5. Other interested parties, provided the defendant has signed a release of information form indicating such disclosure.
Criminal History Procedure
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).
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 filed cabinets. All agency personnel shall have access to this information and shall receive appropriate levels of training concerning this policy statement.
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 ruled ''. . . 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)]. However, the Carbon County Adult Probation/Parole Department agency shall not provide any individual or his legal representative with any criminal history documentation supporting the offender's criminal history record information. The individual shall be referred to the Pennsylvania State Police to secure and complete a ''Request for Criminal Record Check,'' which fee shall be paid by the offender (See 18 Pa.C.S.A. § 9152).
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. Run own criminal history once JNET connectivity is established.
3. Review the District Attorney's Office file on the offender for possible criminal history record information.
4. Review the department's management information systems for possible criminal history record information contained in an offender's case folder.
5. Review juvenile court records.
6. Interview the defendant concerning any prior juvenile or adult arrests, convictions or adjudications.
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 contact the appropriate jurisdiction for juvenile arrest records.
3. Interview the defendant concerning any prior juvenile or adult arrests, convictions or adjudications.
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, OTN number and Docket 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 pretrial investigator can verify the above-mentioned information using telephonic means.
3. Facsimile transmissions of documentation are acceptable.
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.
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.
Telephonic Requests for Criminal History Record Information: When a telephonic inquiry is made by a criminal justice agency for criminal history record information, and the source of the inquiry is unfamiliar to the department, then a written request, on agency letterhead, must be submitted to the department before any information shall be disseminated.
Secondary Dissemination of Criminal History Records (Rap Sheets): Any criminal history records (rap sheets) received by the department through a formal inquiry from the Carbon County Communications Center is prohibited from being secondarily disclosed to any criminal justice or non-criminal justice agency.
Training: The Chief Adult Probation/Parole Officer shall provide appropriate levels of training concerning this policy section.
Misuse of Criminal History Records: Any departmental employee who violates this policy statement and who obtains a criminal history record from the Carbon County Communications Center or through JNET, other than for work-related purposes, shall be subject to disciplinary action, including termination.
Destruction of Criminal History Records: All criminal history records, if printed through JNET, shall be shredded after use and not stored in the offender's folder.
Dissemination Log: When the officer provides a copy of a criminal history record to another criminal justice agency, then a dissemination log must be completed and attached to the offender's folder. The log shall contain the date, agency requesting the information, the offender's name and case number and the person who released the information.
Nominal Bail Requirements
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, unless otherwise court ordered.
Case Records
Offender Case Record Information: Once all intake paperwork is completed and received by agency clerical staff, then 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, along with the digital photograph of the offender.
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 sequential catalog system. Clerical staff 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 offenders name, the assigned identification file number and the docket number, if available. 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: White Label Distribution of Case Folder Documents: Clerical staff will be responsible for all copies and the distribution of case folder documentation to the pretrial services officer and other court related agencies.
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.
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 and breeching offender confidentiality shall be subject to disciplinary action, including termination.
1. Exceptions to this Section: The following entity will have unlimited access to the offender case folder:
a. Carbon County Court of Common Pleas
b. Carbon County District Attorney's Office
Limited Access: The following agencies shall have limited access to the offender case folder:
1. The Carbon County Children and Youth Services.
2. Other probation/parole agencies.
3. Military personnel conducting background investigations.
4. Law Enforcement Agencies.
5. Defense counsel.
6. Other court-related offices.
Confidential Information: Agencies that have limited access will not be entitled to review any treatment documentation, such as mental health or drug/alcohol reports.
Record Review: The Chief Adult Probation/Parole Officer shall review the case record maintenance procedure on an annual basis.
Discharged Offenders: When a case record has been terminated, agency clerical staff shall inspect and purge the offender case folder from all duplicated documents. 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 retained in the Archives Department for microfilming. Destruction of all inactive case folders shall be in accordance with policy and procedure adopted by the Courts, the Archive's Department or statute.
Termination Criteria
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 ARD, probation, parole, intermediate punishment, fine, probation without verdict or partial or total confinement).
2. Charges were dismissed, withdrawn or Nol Prossed.
3. Bail was revoked and the offender was remanded to prison.
4. A Rule 586 was negotiated (See 42 Pa. Rules of Criminal Procedure Rule 586).
5. The offender was sentenced on another matter and is currently under supervision by the department.
6. Bail reduction to ROR or Unsecured Bond, unless otherwise court ordered.
7. The defendant failed to appear for a court appearance.
Petitions To Reduce Bail
Petitions to Reduce Bail: If referred by the court for investigation, the pretrial services officer shall be given at least twenty-four (24) hours notice of presentation of a petition by the defendant to reduce bail in all criminal matters. Defense counsel and the District Attorney shall make an effort to agree on an appropriate amount of bail and any special conditions. If an agreement cannot be reached on the petition, the Court shall schedule a hearing.
Investigation of the Petition To Reduce Bail: The pretrial services officer shall interview and obtain the position of the assigned District Attorney on bail reduction. If the District Attorney opposes the petition, then the pretrial services officer shall interview the defendant and verify the contents of the petition. A bail recommendation shall be prepared, which shall include any special conditions. The Chief shall review the recommendation and forward the recommendation to the Court. The pretrial services officer may be required to testify at any subsequent bail reduction hearings.
Time Constraints for Investigation: When the pretrial services officer receives a petition for bail reduction, the officer must complete his investigation and submit a recommendation to the court no later than five (5) working days from receipt of the petition. A supervisor can only make exceptions to this requirement.
Management Information Systems
Database Management: The Chief Adult Probation/Parole Officer shall maintain caseload statistical information in a database system for all defendants placed in the pretrial services program, as well as, maintain a roster of all bail reports completed by the pretrial services officer.
Performance Standards
Pretrial Services Performance Standards: The pretrial services officer shall adhere to all performance standards established by the department pursuant to the supervision of all pretrial offenders placed under the jurisdiction of the department and pursuant to the completion and submission of the bail report.
Disciplinary Process
Violations of this Policy Statement: Any violations of this policy statement could result in disciplinary action, including termination (See Article 41 of the Common Pleas of Carbon County Personnel Policy and Procedure Manual for Court Employees).
SURETY AND DEFENDANT RESPONSIBILITIES: NOTICE TO APPEAR Under the local rules of criminal procedure adopted by the Carbon County Court of Common Pleas, pursuant to the requirements of 42 Pennsylvania. Rules of Criminal Procedure, Rule 526, 527 and 528, you have posted the full amount of bail or ten percent (10%) cash bail of the total amount of bail set by the issuing authority. As a specific requirement of this bail bond, the surety and the defendant are required to appear at the Carbon County Adult Probation/Parole Department, 1st Floor Courthouse Building, Jim Thorpe, Pennsylvania, on the next available working day. Business hours are 8:30 a.m. to 4:30 p.m., Monday through Friday.
As surety on this bail bond, you and the defendant have an absolute responsibility to report to the department for the proper completion of all essential documentation concerning the defendant's and surety's responsibilities for the bail bond. There are standard conditions of bail and other standard forms that must be completed by the defendant and surety. Failure to comply with these instructions may result in the forfeiture of the full sum of the bail bond and the issuance of a warrant for the defendant's arrest and commitment to the Carbon County Correctional Facility.
If there are any questions concerning these instructions, please contact the Carbon County Adult Probation/Parole Department at (570) 325-4226.
Sincerely,
Ronald S. Kokinda
Chief Adult Probation/Parole Officer
CARBON COUNTY COURT OF COMMON PLEAS
ADULT PROBATION/PAROLE DEPARTMENT
PRETRIAL SERVICES PROGRAM
JIM THORPE, PENNSYLVANIA 18229
OFFICE: (570) 325-4226 EMERGENCY: (570) 325-9123
BUSINESS HOURS: 8:30 A.M. to 4:30 P.M.
''CONDITIONS OF BAIL SUPERVISION''
NAME: _________________ CASE NUMBER(S): __________
In this judicial district as provided by local rule of court, the judge or issuing authority has ordered your participation in the Carbon County Pretrial Services Program effective ______ . You will be under the supervision of the Carbon County Adult Probation/Parole Department, Pretrial Services Division, until such time as you are legally discharged by the court or until final disposition of your criminal proceedings. During this period of supervision, certain conditions of bail have been imposed pursuant to the requirements of 42 Pennsylvania Rules of Criminal Procedure, Rule 526, 527 and 528. Also, during this period of supervision, the department has the authority, in the event of any of the following violation(s) of the conditions of your bail release, issue a warrant for your arrest and remand you to prison pending a bail revocation hearing pursuant to the requirements of 42 Pennsylvania Rules of Criminal Procedure, Rule 536. If the court determines at the revocation hearing that you violated the conditions of bail, the court may forfeit your bail money and remand you to prison pending final disposition of the charges.
YOU SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS: 1. You shall appear before the issuing authority or court at all times required until full and final disposition of the criminal proceedings.
2. Your address of __________is your approved residence. You must give written notice to your assigned pretrial services officer of any change of address within forty-eight (48) hours of the date of such change.
3. You shall report in person or writing and permit your pretrial services officer to visit you at your residence, place of employment or any other specified location.
4. You will refrain from the violation of all Municipal, County, State and Federal criminal statutes, as well as provisions of the Vehicle Code and the Liquor Code. You must notify your pretrial services officer of any arrest or citation within seventy-two (72) hours of occurrence.
5. You will abstain from the unlawful possession, or sale of, narcotics, drug paraphernalia and dangerous drugs, and abstain from the use of controlled substances within the meaning of the Controlled Substance, Drug, Device and Cosmetic Act, without a valid prescription. Also, you will submit to random urinalysis screening as requested by your pretrial services officer.
6. You will remain in the Commonwealth of Pennsylvania unless your pretrial services officer prior to such travel has granted permission.
7. You will report to any treatment agency recommended by the court, issuing authority or your pretrial services officer and follow all directives and recommendations made by the treatment facility.
8. You shall not have any contact with victims, witnesses or their family members, unless otherwise court ordered.
9. You will submit to searches of your property, residence or person when requested by your pretrial services officer when there is reasonable suspicion to believe that you have violated the terms and conditions of the bail bond.
10. You shall comply with any specific requirement or special conditions of release, which may be reasonably imposed by the issuing authority of court:
VIOLATION PROCESS Upon a breach of a condition of bail, the department has the authority to issue a warrant for your arrest and remand you to prison pending a bail revocation hearing pursuant to 42 Pennsylvania Rules of Criminal Procedure, Rule 536. At the hearing, the issuing authority or court may declare the bond forfeited and make a record thereof. Upon such declaration, written notice of such forfeiture shall be given to the surety, or when there is no surety, such notice shall be provided to the defendant. Also, the issuing authority or court may remand you to prison pending final disposition of the criminal proceedings.
OFFENDER GRIEVANCE PROCEDURE A client grievance procedure has been developed to assist you if you believe you have a legitimate complaint concerning an administrative decision, action, policy or regulation of the department. If you believe that you have a valid complaint concerning your supervision while on bail, you must attempt to resolve the situation with your assigned officer. If your attempt to resolve the situation is unsuccessful, then you must submit a written request within ten (10) days to the Chief for review. Your complaint will be processed by the Chief Adult Probation/Parole Officer within ten (10) days of receipt. The Chief may rule on your complaint with or without the benefit of a formal hearing. If a hearing is held, it would be convenient to all parties involved. The decision of the Chief shall be final.
ACKNOWLEDGEMENT I, hereby acknowledge that I have read, or have been read to me, the aforementioned conditions of my supervision. I fully understand all conditions of bail and agree to follow and comply with all directives of the department, the court, the issuing authority and my assigned officer. Finally, I fully understand the penalties and consequences involved should I, in any manner, violate the conditions of bail.
OFFENDER'S SIGNATURE: _________________ DATE: __________
WITNESS: ___________________________ DATE: __________
SURETY: ___________________________ DATE: __________
SURETY RESPONSIBILITIES As surety on this bail bond, I have read and fully understand the following:
1. If the defendant fails to appear at any court hearing, I as surety can be held responsible and forfeit the full amount of bail set.
2. Certain conditions are placed on the defendant at the time of bail release. These conditions are mandatory and any violation could result in bail revocation. If bail is revoked by the appropriate authority, the defendant could be returned to prison and all bail money posted will be retained by the county.
3. I will report any change in the defendant's status, address, telephone number, employment or court hearings to the Carbon County Adult Probation/Parole Department immediately.
4. In the event that a defendant is in non-compliance status with the conditions of bail release, I understand that I cannot withdraw the defendant's bail. It is the responsibility of the Carbon County Adult Probation/Parole Department to petition the court for bail revocation.
_________________ ______ Defendant's Signature Date _________________ ______ Surety's Signature Date _________________ ______ Witness's Signature Date
Bail Information Sheet
Offender's Name: ___________________________ Date: __________
1. Have you ever been arrested as a juvenile ? [ ] Yes [ ] No
If yes, for what? __________
2. Have you ever been arrested as an adult ? [ ] Yes [ ] No
If yes, for what? __________
3. Do you have any alcohol problems? [ ] None [ ] Occasional Usage [ ] Frequent Usage
Date of Last Use: __________
Frequency of Use: __________
4. Do you have any drug problems? [ ] None [ ] Occasional Usage [ ] Frequent Usage
Substances Used: __________
Date of Last Use: __________
Frequency of Use: __________
5. Do you have any mental health problems? [ ] Yes [ ] No
6. Have you ever failed to appear for any prior court appearances? [ ] Yes [ ] No
___________________________ ______
Adult Probation Officer Signature Date___________________________ ______
Offender's Signature Date
IN THE COURT OF COMMON PLEAS CARBON COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA : : VS : NO(S):
:
PETITION FOR REVOCATION OF BAIL
TO THE HONORABLE: __________
The petition of _________________ , of the Carbon County Adult Probation/Parole Department respectfully represents as follows:
1. That said defendant was afforded bail by the Honorable ______ as follows:
Date: Offense(s): Bail Amount:
2. That said defendant was placed on pretrial services supervision on _________________ .
3. That said defendant has violated the conditions of bail in the following respects:
WHEREFORE, the Carbon County Adult Probation/Parole Department respectfully requests:
1. ( ) The Honorable Court issue a bench warrant for the apprehension of the defendant.
2. ( ) The Honorable Court set a hearing and that the accused be required to answer to the violations.
The averments of this petition are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
___________________________ ______ _________________ Adult Probation Officer Date Supervisor
ORDER OF COURT
NOW, this _________________ , 20 _____ , upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DECREED as follows:
1. The CLERK OF COURTS is directed to issue a bench warrant for the defendant named in the foregoing petition and that the Bail Authority (Adult Probation Office), Sheriff and/or proper legal authority is directed to apprehend said defendant and commit him/her to the Carbon County Prison pending a bail revocation hearing.
2. A copy of the attached petition and Order of Court shall be served upon the defendant and copies shall be provided to the defendant's attorney of record, the District Attorney of Carbon County and the Adult Probation Office.
3. A bail revocation hearing shall be held in Courtroom # ______ , Carbon County Courthouse, Jim Thorpe, Pennsylvania, on the ______ day of ______ , 20 _____ , @ _____ a.m./p.m.. Failure to attend said hearing may result in the issuance of a bench warrant for your apprehension and forfeiture of bail.
4. A bail revocation hearing using video conferencing at the Carbon County Prison, Nesquehoning, Pennsylvania, shall be held on the ______ day of ______ , 20 _____ , @ _____a.m./p.m.
BY THE COURT:
_________________
P.J.
WARRANT TO COMMIT AND DETAIN
PRE-TRIAL SERVICES To the Sheriff, Superintendent, Keeper or Warden of the Prison or House of Correction, or any Officer of the Courts of the Commonwealth, Municipal Court, Police Department, Constable, etc.--GREETINGS:
By virtue of the authority given to me by this Court of Common Pleas of Carbon County as the Bail Authority for the County of Carbon and as authorized under the Pennsylvania Rules of Criminal Procedure, Rule 536, you are hereby authorized and directed to commit and detain for violations of bail:
Offender's Name
Term Number(s)
until his/her case shall be heard or there shall be an Order by the appropriate authority to release him/her.
Adult Probation/Parole Officer
Supervisor's Signature
Date
[Pa.B. Doc. No. 04-1540. Filed for public inspection August 20, 2004, 9:00 a.m.]
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