THE COURTS
Title 255--LOCAL
COURT RULES
CARBON COUNTY
Intermediate Punishment Plan; No. CP-13-AD-0000003-2006 (Old No. 057 MI 93)
[36 Pa.B. 2960]
[Saturday, June 17, 2006]
Amended Administrative Order 10-2006 And Now, this 31st day of May, 2006, in order to modify policy and procedure for the Carbon County Intermediate Punishment Plan, it is hereby
Ordered and Decreed that, effective July 1, 2006, the Court hereby Revises its Intermediate Punishment Plan that follows.
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
ROGER N. NANOVIC,
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 intermediate punishment officer and/or presentence investigator can recommend innovative sentencing alternatives to the court 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's Criminal Justice Advisory Board, all adult probation staff and all 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. Criminal Justice Advisory Board: A collective body of County officials that is responsible for the oversight of the County's Intermediate Punishment Plan and Programs.
3. 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.
4. 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.
5. 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 and religious functions. House arrest may be combined with electronic monitoring to detect violations.
6. Ignition Interlock System: A system approved by the Department of Transportation which prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level less than .025%.
7. 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.
8. Intermediate Punishment Investigation: An investigation completed by the intermediate punishment officer, which is provided to the court, that recommends whether an offender is eligible for participation in an intermediate punishment program.
9. Intermediate Punishment Plan: A document, which describes a proposed intermediate punishment program.
10. Intermediate Punishment Programs: A punishment option that is considered on a continuum to fall between traditional probation and traditional incarceration.
11. 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.
12. 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.
Authority and Policy Statement
Authority: This policy statement has been developed pursuant to and in accordance with statutory requirements, local rules established by the Carbon County Adult Probation/Parole Department and the formal adoption by the Carbon County Court of Common Pleas through administrative court order.
Policy Statement: The Carbon County Adult Probation/Parole Department and Carbon County Court of Common Pleas recognizes that ''innovative sentencing'' or ''alternatives to incarceration'' for low-risk, non-violent offenders is essential as a legitimate sentencing option available to the court. Offenders that demonstrate ''special needs'' or exhibit ''low-risk, non-violent'' tendencies shall be considered for diversion from exposure to confinement and placement in an intermediate punishment program. This approach will permit offenders to remain in the community to support themselves and their legal dependents. Certain restrictions shall be placed on the defendant that will ensure a better balance between the punishment and rehabilitation of the offender, which approach will not compromise the safety and the security of the community.
Criminal Justice Advisory Board
In accordance with 42 Pa.C.S.A. § 9802, the Criminal Justice Advisory Board shall oversee the functions of the County's Intermediate Punishment Board. The Criminal Justice Advisory Board meets monthly and shall periodically assess available county-wide correctional services and future needs; shall work with the county office of probation and parole in developing the Intermediate Punishment Plan; shall adopt a county intermediate punishment plan, including program policies for administration; shall monitor the effectiveness of county correctional services and shall 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 Criminal Justice Advisory Board, the Carbon County Court of Common Pleas and the Carbon County Adult Probation/Parole Department are as follows:
1. 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.
2. To establish viable sentencing alternatives for the Court.
3. 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.
4. 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 Carbon County Criminal Justice Advisory 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 Carbon County Criminal Justice Advisory 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 offender's 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 Carbon County Criminal Justice Advisory 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 Carbon County Criminal Justice Advisory 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.
Method of Supervision
Generally, an offender sentenced to an intermediate punishment sanction 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 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 officer shall refer all offenders to the Carbon-Monroe-Pike Drug/Alcohol Commission for urine testing; however, it is recommended that random urine samples be secured to enhance the drug testing component of this sanction.
2. House Arrest/Home Electronic Monitoring: 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 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 officer shall refer all offenders to the Carbon-Monroe-Pike Drug and Alcohol Commission for urine testing; however, it is recommended that random urine samples be secured to enhance the drug testing component of this sanction.
3. Residential Inpatient Drug and Alcohol 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 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 in order to locate a suitable facility accredited by the Office of Drug and Alcohol Programs. An assessment shall be conducted on the offender to determine his/her level of care.
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.
g. Treatment Documentation: The assigned officer shall execute a release of information form to secure all treatment documentation on the offender's progress while in the program.
h. After-Care/Follow-up Recommendations: The offender will be required to follow all after-care recommendations made by the treatment facility.
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.A. § 9755 (relating to partial confinement) or total confinement pursuant to 42 Pa.C.S.A. § 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.A. § 9763 (sentence of intermediate punishment).
Eligible Offenders
Pursuant to 42 Pa.C.S.A. § 9802 (relating to intermediate punishment) 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.A. § 9724 (relating to partial confinement) or total confinement pursuant to 42 Pa.C.S.A. § 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 convicted under 75 Pa.C.S.A. § 3802 (relating to driving under the influence of alcohol or controlled substance) and receiving a penalty imposed pursuant 75 Pa.C.S.A. § 3804 (relating to penalties) 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.
Eligible Driving Under Suspension--DUI Related Offender: Any person receiving a penalty imposed pursuant to 75 Pa.C.S. § 1543(b) (relating to driving while operating privileges is suspended or revoked), 3804 (relating to penalties) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) may only be sentenced to an intermediate punishment program in:
1. A house arrest program coupled with a home electronic monitoring program, combined with drug and alcohol treatment, if recommended.
Other Eligible Offenses: An offender convicted of Fleeing or Attempting to Elude Police Officer pursuant to 75 Pa.C.S.A. § 3733, Habitual Offenders pursuant to 75 Pa.C.S.A. § 6503.1, Driving Under Suspension-DUI Related pursuant to 75 Pa.C.S.A. § 1543(b)(1) and Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock pursuant to 75 Pa.C.S.A. § 3808 are eligible for home electronic monitoring under the following circumstance:
a. When there is no accident involved in the incident.
b. When there is no alcohol related offenses involved with the incident.
c. When the safety of the community was not placed at great risk during the incident.
d. See Miscellaneous Eligibility Criteria.
Ineligible Offenders
Pennsylvania law states that any person with a current conviction or a prior conviction within the past ten years of certain targeted offenses shall be ineligible under a sentence of intermediate punishment (See 42 Pa.C.S.A. § 9802).
Ineligible DUI Offenders
Unless otherwise court ordered, the following DUI offenders are declared ineligible for participation in Carbon County's home electronic monitoring program pursuant to 75 Pa.C.S. § 3804 (relating to penalties):
1. An offender with a BAC of .08% to .099%, second and third offense.
2. An offender with a BAC of .10% to .159% (High Rate of Alcohol), first offense.
3. An offender with a BAC of .16% or higher (Highest Rate of Alcohol), first and third offense.
4. All fourth time offenders, regardless of the BAC.
Ineligible Driving Under Suspension--DUI Related Offenders
Unless otherwise court ordered, the following Driving Under Suspension--DUI Related offenders are declared ineligible for participation in Carbon County's home electronic monitoring program:
1. 75 Pa.C.S.A. § 1543(b)(1.1)(ii) (relating to second violation).
2. 75 Pa.C.S.A. § 1543(b)(1.1)(iii) (relating to third or subsequent violation).
Miscellaneous Eligibility Criteria
In addition to statutory eligibility requirements and the requirements of this policy statement, any offender who meets any of the following additional criteria shall not be recommended for participation under an order of intermediate punishment:
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 in the Commonwealth, but outside the geographical boundaries of Carbon County, unless the resident jurisdiction has a comparable intermediate punishment program.
6. No serious bodily injury or death resulted from the incident and/or the victim 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 operation of 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 within the past ten (10) years from date of instant offense.
12. An offender who did not possess a valid driver's license at the time of the arrest and is under suspension pursuant to 75 Pa.C.S.A. § 1543(b).
13. An offender who received an early discharge from the ARD Program and committed his/her DUI offense while in the ARD Program, but did not report the new arrest to his probation officer.
14. An offender who does not make restitution to the victim(s) for out-of-pocket losses that were not covered by an insurance company, prior to acceptance into an intermediate punishment program.
15. An offender who resides outside the Commonwealth of Pennsylvania.
16. An offender who due to ''exigent circumstances'' or ''deemed inappropriate'' for inclusion in the program by the investigative officer.
Requirements for Driving Under Influence Offenders
Evaluation Using Court Reporting Network: Pursuant to the requirements of 75 Pa.C.S.A. § 3816 (requirements for driving under influence offenders) any offender convicted of 75 Pa.C.S.A. § 3802 (relating to driving under the influence of alcohol or controlled substance) recommended for participation in an intermediate punishment program shall, prior to sentencing be evaluated using Court Reporting Network (CRN) instruments.
Drug and Alcohol Assessments: Pursuant to the requirements of 75 Pa.C.S.A. § 3814 (drug and alcohol assessments) any offender convicted of 75 Pa.C.S.A. § 3802 (relating to driving under the influence of alcohol or controlled substance) recommended for participation in an intermediate punishment program shall, prior to sentencing be subject to a full assessment for alcohol and drug addiction when,
1. The defendant, within ten years prior to the offense for which sentence is being imposed, has been sentenced for an offense under:
a. 75 Pa.C.S.A. § 3802
b. former section 75 Pa.C.S.A. § 3731
c. an equivalent offense in another jurisdiction
2. Either:
a. The evaluation under paragraph (1) of 75 Pa.C.S.A. § 3814 (drug and alcohol assessments) indicates there is a need for counseling or treatment; or
b. The defendant's blood alcohol content at the time of the offense was at least .16%.
Failure to Obtain Necessary Evaluations: Any offender who fails to obtain the necessary evaluations, prior to sentencing and placement in an intermediate punishment program, shall be declared ineligible for participation, unless otherwise court ordered.
Requirements for Driving While Operating Privilege is Suspended or Revoked--DUI Related
Drug and Alcohol Assessments: Any person receiving a penalty imposed pursuant to 75 Pa.C.S. § 1543(b) (relating to driving while operating privileges is suspended or revoked), 3804 (relating to penalties) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) shall undergo an assessment under 75 Pa.C.S. § 3814 (relating to drug and alcohol assessments) and is recommended for participation in an intermediate punishment program shall, prior to sentencing be subject to a full assessment for alcohol and drug addiction.
Drug and Alcohol Treatment: If the defendant is determined to be in need of drug and alcohol treatment, a sentence to intermediate punishment shall include participation in drug and alcohol treatment under 75 Pa.C.S. § 3815(c) (relating to mandatory sentencing). If the defendant is determined not to be in need of drug and alcohol treatment, then the defendant may only be sentenced to house arrest with electronic monitoring.
Failure to Obtain Necessary Evaluations: Any offender who fails to obtain the necessary evaluations, prior to sentencing and placement in an intermediate punishment program, shall be declared ineligible for participation, unless otherwise court ordered.
Target Population
The following population of DUI offenders shall be specifically targeted for inclusion in Carbon County's Home Electronic Monitoring Program.
High Rate of Alcohol--Second Offense: Pursuant to 75 Pa.C.S.A. § 3804 (relating to penalties) an offender with a BAC of .10% to .159%, second offense shall be eligible for participation in Carbon County's home electronic monitoring program, provided the offender successfully completes an intermediate punishment investigation as described in this policy statement. If declared eligible, the defendant shall be sentenced as follows:
1. The defendant shall be remanded to prison to serve the mandatory minimum sentence of thirty (30) days, however;
2. The offender shall serve only two (2) days of incarceration, which period of imprisonment shall be served on consecutive days.
3. After completion of the two (2) days of imprisonment, the defendant shall serve the remaining twenty-three (23) days on home electronic monitoring.
Highest Rate of Alcohol--Second Offense: Pursuant to 75 Pa.C.S.A. § 3804 (relating to penalties) an offender with a BAC of .16% or higher, second offense shall be eligible for participation in Carbon County's home electronic monitoring program, provided the offender successfully completes an intermediate punishment investigation an described in this policy statement. If declared eligible, the defendant shall be sentenced as follows:
1. The defendant shall be remanded to prison to serve the mandatory minimum sentence of ninety (90) days, however;
2. The offender shall serve only thirty (30) days of incarceration, which period of imprisonment shall be served on consecutive days.
3. After completion of the thirty (30) days of imprisonment, the defendant shall serve the remaining sixty (60) days on home electronic monitoring.
High Rate of Alcohol--Third Offense: Pursuant to 75 Pa.C.S.A. § 3804 (relating to penalties) an offender with a BAC of .10% to .159%, third offense shall be eligible for participation in Carbon County's home electronic monitoring program, provided the offender successfully completes an intermediate punishment investigation as described in this policy statement and successfully completes the following additional requirement:
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.
Upon a determination of eligibility for participation in the home electronic monitoring program, the defendant shall be sentenced as follows:
1. The defendant shall receive credit for all time spent in a residential inpatient treatment program towards the mandatory minimum sentence of ninety (90) days, unless otherwise court ordered.
2. The defendant shall serve the remaining portion of the mandatory minimum sentence of ninety (90) days on home electronic monitoring.
Driving While Operating Privilege is Suspended or Revoked--Driving Under the Influence Related: An offender with a first conviction pursuant to 75 Pa.C.S.A. § 1543(b)(1) or 75 Pa.C.S.A. § 1543(b)(1.1)(i) shall be eligible for participation in Carbon County's home electronic monitoring program, provided the offender successfully completes an intermediate punishment investigation as described in this policy statement. If declared eligible, the defendant shall, at the discretion of the court, be sentenced to a period of confinement equal to one-third (1/3) of the sentence, with the balance, upon successful completion of the period of confinement, to be served on home electronic monitoring.
Residential Inpatient Drug and Alcohol Program
Any offender who is declared eligible for participation in Carbon County's home electronic monitoring program pursuant to this policy statement (High Rate of Alcohol- Second Offense and Highest Rate of Alcohol- Second Offense) and successfully completes an inpatient treatment program shall have his/her required period of incarceration waived, unless otherwise court ordered. The defendant shall receive credit towards the mandatory minimum sentence for all time spent at an inpatient treatment program with the remaining balance of the mandatory minimum sentence served on home electronic monitoring.
Work Release Privileges
Pursuant to this policy statement, all offenders required to serve a portion of the mandatory minimum sentence incarcerated shall be eligible for participation in the work release program, provided they meet the eligibility requirements of the Carbon County Work Release Program. It is recommended that the intermediate punishment officer and work release director coordinate efforts to ensure that no interruption occurs in the offender's employment status and to ensure that a smooth transition occurs from incarceration to the home electronic monitoring program.
Service and Completion of Period of Confinement
Upon successfully serving the period of incarceration imposed by the court and without further order of court, the defendant shall be automatically released from prison and immediately report to the Carbon County Adult Probation for installation of the home electronic monitoring equipment.
Prison Infractions
An offender who violates any rules and regulations of the prison while serving his/her prison sentence and is awaiting release to the home electronic monitoring program shall be declared ineligible for participation in an intermediate punishment program. Upon order of court, the defendant shall remain incarcerated to serve the remaining balance of his/her mandatory minimum sentence. However, if the offender violates another rule or regulation after being declared ineligible for participation in the home electronic monitoring program, then the offender will not be released upon reaching his/her minimum sentence and must petition the court for parole consideration.
Screening Process
An offender may be declared eligible upon the recommendation of the Adult Probation/Parole Department upon the successful completion of any of the following or combination thereof:
1. A presentence investigation.
2. An intermediate punishment investigation.
3. Any offender placed in these programs by an Order of Court.
Intermediate Punishment Investigations and Presentence Investigations
During the investigative phase and prior to sentencing, the presentence investigator shall identify prospective participants for possible consideration in 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. Completion of an intermediate punishment eligibility application, which application is available at the Carbon County Adult Probation/Parole Office.
2. An interview of the defendant and other occupants of the residence, when applicable.
3. Explanation of program requirements to the offender and all occupants of the residence, when applicable.
4. Completion of all appropriate forms, which include:
a. Occupant's Approval Form, if applicable.
b. Explanation of the conditions of the home electronic monitoring program.
c. Equipment Responsibility Form.
d. New Client Installation Form, if applicable.
5. Inspection of offender's residence to determine if conducive for participation in the electronic monitoring program.
6. Written memorandum to the court with sentence recommendation.
Conditions of Home Electronic Monitoring
The court shall attach such reasonable conditions upon the defendant for participation in the electronic monitoring program pursuant to 42 Pa.C.S.A. § 9763(b).
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.
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.
Intake Process
Upon an Order of Intermediate Punishment, the offender shall immediately report to the adult probation/parole department for an intake. During the intake process, the following paperwork shall be completed:
1. Execution of the conditions of the intermediate punishment program.
2. Completion of facesheet and photograph of offender.
3. Completion of risk/needs assessment form.
4. Completion of Supervision Plan.
5. Execution of Release of Information Form.
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.
Offender Enrollment Forms and Schedule Change Forms
The intermediate punishment officer shall be responsible for the completion of all forms associated with the enrollment of the offender and other changes or modifications to the offender's schedule. All completed forms shall be faxed to the monitoring center.
Daily Activity Reports
All daily activity forms will be faxed to the agency and the intermediate punishment officer shall review these reports for conformity and compliance with the approved offender schedule.
Ankle Bracelets and Monitoring Equipment
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.
Equipment Responsibility
All electronic monitoring 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 After Installation
All equipment placed in the residence must be inventoried at the time of installation.
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 intermediate punishment officer or Chief Adult Probation Officer.
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.
Program Violations
The following 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 notify staff of changes in work status.
3. Failure to comply with rules and regulations of the program or Court order.
4. Unauthorized individuals within the residence.
5. Departure from schedule, such as leaving early or returning late.
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 monitoring equipment.
10. Operating a motor vehicle on a public highway while license is suspended.
11. Failure to maintain the scheduled drug/alcohol treatment plan.
12. Termination of offender's telephone service.
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 being interviewed. Upon determination of the specific violation, the officer shall follow the violation process as described in this policy statement.
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 and then contact the pretrial services on-call officer for possible assistance. The on-call officer shall not conduct a field investigation alone and 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 (absolute response)
2. Out-of-Range
3. Power Outage or Loss
4. Transmitter not found (dead battery)
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 the bail officer for possible assistance.
3. Contact other adult probation staff for possible assistance.
4. Contact the Carbon County Communications Center for possible assistance from the Carbon County Sheriff's Department.
5. If the Sheriff's Department is unavailable, then contact the local police department for possible assistance.
6. 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 other adult probation staff or law enforcement personnel.
7. 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.
8. 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.
Petition to Revoke an Order of Intermediate Punishment
When the intermediate punishment officer determines that the offender violated the conditions of the program in such a manner that requires termination from the program, then a petition to revoke intermediate punishment shall be filed with the Clerk of Courts Office outlining all program violations.
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).
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 home electronic monitoring program. Afterwards, the officer shall review and have the offender sign the standard conditions of release, with the offender being reassigned to another probation officer.
Equipment Inventory After Termination
Upon termination from the program, the officer shall inventory and visibly inspect all equipment to ensure that no damage occurred during the program.
Cleaning of Equipment
It shall be the responsibility of the intermediate punishment officer to properly clean and sanitize all electronic monitoring equipment after an offender has been discharged from the program. No equipment shall be installed on another offender until the bracelet and home unit has been properly cleaned.
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.
Offender Supervision Fees
An offender placed on home electronic monitoring shall pay a monthly supervision fee as established by the court.
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 by the secretary and a completed facesheet provided to the assigned officer. Also, a complete roster of intermediate punishment participants shall be maintained by the project coordinator.
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. Failure to cooperate and comply with the rules and regulations of the other jurisdiction's program will result in the offender being declared ineligible for participation.
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 pursuant to this policy statement and advise the requesting county whether the offender qualifies. If the department accepts an offender for supervision, then an effective date shall be established. Prior to 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, in full. 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.
Project Coordination
The Chief Adult Probation/Parole Officer or his designee 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 Carbon County Criminal Justice Advisory Board, shall evaluate program goals and effectiveness on a regular basis.
[Pa.B. Doc. No. 06-1059. Filed for public inspection June 16, 2006, 9:00 a.m.]
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