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PA Bulletin, Doc. No. 22-600

THE COURTS

Title 255—LOCAL COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[52 Pa.B. 2360]
[Saturday, April 23, 2022]

Order

 And Now, this 1st day of April, 2022, Dauphin County Local Rule of Criminal Procedure 523 is promulgated as follows:

Rule 523. Documentation of Reasons for Bail.

 (1) Whenever issuing authority commits a defendant without bail or sets bail with monetary condition pursuant to Pa.R.Crim.P. Rule 524(C)(5), issuing authority must contemporaneously provide written reasons for the bail amount or the denial of bail. This requirement applies whenever issuing authority sets bail in a monetary amount even if the defendant posts it immediately. This requirement does not apply if bail is set at ROR or an unsecured amount.

 (2) Issuing authority must use the form in Appendix ''A'' to this rule to record the reasons described in subparagraph (1).

 (3) Issuing authority may use the form in Appendix ''A'' to this rule to record reasons for setting bail conditions or for setting unsecured or ROR bail.

 (4) Whenever the form in Appendix ''A'' to this rule is used, issuing authority must file the statement of written reasons with the case, provide a copy to the defendant, and immediately transmit a copy to the Dauphin County Prison, if the defendant does not post bail at the time bail is set.

 (5) If issuing authority does not issue and file a statement of written reasons for setting secured bail or denying bail in the manner required by this rule, the parties and a reviewing court may infer that there were no proper reasons for the prior bail action.

 (6) In making the above bail assessments, issuing authority must consider the release criteria in Pa.R.Crim.P. Rule 523.

Appendix A

COMMONWEALTH OF PENNSYLVANIA                     BAIL REASONS
COUNTY OF DAUPHIN

Mag. Dist. No: MDJ-12-                              COMMONWEALTH
MDJ Name:
Address:                                       v.
Telephone:
                                    _________________
Docket No:            
Case Filed:             
Charges(s):

Bail Amount (if bail is denied, write ''DENIED'') ___________________________

Reasons for denial of bail or setting of monetary bail: ___________________________
_______________________________________________
_______________________________________________
_______________________________________________
______               ___________________________
Date                       Magisterial District Judge

 If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation.

717-780-6640
www.pacourts.us/language-rights
FREE INTERPRETER

 The previously listed rule shall be published in the Pennsylvania Bulletin and will become effective thirty days from the date of publication.

By the Court

JOHN F. CHERRY, 
President Judge

[Pa.B. Doc. No. 22-600. Filed for public inspection April 22, 2022, 9:00 a.m.]


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