THE COURTS
Title 255--LOCAL
COURT RULES
CARBON COUNTY
Pretrial Services Program; No. 51MI96
[26 Pa.B. 2167]
Administrative Order 6-1996 And Now, this 24th day of April, 1996, the Court of Common Pleas of Carbon County hereby approves and adopts the Pretrial Services Program Standards and Guidelines, which are following and made a part hereof and the same are promulgated herewith to become effective thirty (30) days after publication in the Pennsylvania Bulletin; that seven (7) certified copies shall be filed with the Administrative Office of Pennsylvania Courts; that two (2) certified copies shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and that one (1) certified copy shall be filed with the Criminal Procedural Rules Committee.
By the Court
JOHN P. LAVELLE,
President Judge
CARBON COUNTY COURT OF COMMON PLEAS
Adult Probation/Parole Department (Operations Manual: Policy & Procedure)
Topic: Pretrial Services Program
''Goals and Objectives & Duties and Powers
of the Bail Agency''
Chapter: 12
Section: 1
Pages: 3
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.1.1: Purpose: To set goals and objectives of the pretrial services program and to establish the duties and powers of the bail agency.
SECTION 12.1.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the Chief Adult Probation/Parole Officer, the pretrial services officer and all offenders placed under pretrial supervision.
SECTION 12.1.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
SECTION 12.1.4: Goals and Objectives: The Carbon County Pretrial Services Program is designed to accomplish the following:
1. To maximize the release of defendants on non-financial conditions by identifying those defendants most likely to appear in court,
2. To help facilitate judicial release decisions by providing the courts with factual information about the defendants in the most timely manner possible,
3. To monitor released pretrial arrestees to ensure compliance with the conditions of release imposed by the court for the benefit of public safety,
4. To establish a process that would improve the release from detention appropriate pretrial detainees who may respond to an alternative form of supervision and treatment,
5. To identify, assess and refer drug/alcohol dependent offenders accused of non-violent offenses to appropriate community based treatment facilities.
6. To promote pretrial arrestee accountability through community supervision and treatment.
7. To provide non-adversarial information to the court for bail consideration and sentencing decisions.
SECTION 12.1.5: Duties and Powers of the Carbon County Pretrial Services Program: The Carbon County Court of Common Pleas, by local rule, shall establish and designate the Carbon County Adult Probation/Parole Department as the agency responsible for the administration of the pretrial services project. The department shall be responsible for the following:
1. To evaluate and provide to the court reliable and accurate information concerning the offender in assisting the court to determine an appropriate bail amount.
2. To monitor and supervise defendants placed in the pretrial service program.
3. To make appropriate referrals to community based agencies for appropriate levels of treatment and counseling.
4. To establish reasonable rules and regulations to enable the agency to administer and operate a pretrial service program.
SECTION 12.1.6: Principles and Approach to Pretrial Services: Pretrial release programs do not release defendants, judges alone are responsible for setting bail and releasing individuals on bail. Pretrial programs are responsible for providing accurate information and assessments to the court or issuing authority that assist judges in an appropriate bail determination. Furthermore, defendants are presumed innocent and entitled to be treated as such at the point of pretrial intervention.
Topic: Pretrial Services Program ''Target Population
& Referral Process''
Chapter: 12
Section: 2
Pages: 3
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.2.1: Purpose: To set forth policy governing the selection and referral of the target population for inclusion in the pretrial services program.
SECTION 12.2.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the Chief Adult Probation/Parole Officer, the pretrial services officer and all offenders placed under pretrial supervision.
SECTION 12.2.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
SECTION 12.2.4: Target Population: Under the local rules of criminal procedure adopted by the Carbon County Court of Common Pleas and in accordance with 42 Pa. Rules of Criminal Procedure, Rule 4006, the following offender population shall be referred to the Carbon County Pretrial Services program for supervision and monitoring:
1. When the judge, court or issuing authority so orders, a sum of money not to exceed ten percent (10%) of the amount of bail set and posted by the defendant or surety, then the defendant and surety shall be referred to the pretrial services division for processing.
SECTION 12.2.5: Ineligible Offenders: The following offenders shall be declared ineligible for participation in the pretrial services program:
1. Released on Own Recognizance (ROR) Bail.
2. Bail posted by licensed bondsman.
3. Bail afforded offenders for indirect criminal contempt.
4. Realty bond.
5. Fugitive from Justice.
6. Probation, parole and intermediate punishment violators afforded bail.
SECTION 12.2.6: Referral Process: When an offender is afforded cash percentage bail, the offender and/or surety shall be provided a copy of the Notice to Appear correspondence by the issuing authority or court (See attachment). The defendant and surety shall be instructed to report to the Carbon County Adult Probation/Parole Department on the next available working day.
CARBON COUNTY COURT OF COMMON PLEAS
__________
Carbon County Adult Probation/Parole Department
John P. Lavelle, President Judge
P. O. Box 26
Richard W. Webb, Judge
Jim Thorpe, Pennsylvania 18229
Business Hours: 8:30 A.M. to 4:30 P.M.
Ronald S. Kokinda, Chief Adult Probation Officer
Telephone: (717) 325-4226 Fax: (717) 325-4250
Joseph Berke, Deputy Chief Adult Probation Officer
Emergency: (717) 325-9123
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 Pa. Rules of Criminal Procedure, Rule 4006, you have posted 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 (717) 325-4226.
Sincerely,
Ronald S. Kokinda
Chief Adult Probation/Parole Officer__________Adult Probation/Parole Officers
Patrick Henry
Michael Degilio
E. Amy Ritz
Tammy Nothstein
Joanne Maurer, Adult Probation Aide
Topic: Pretrial Services Program ''Method of Supervision''
Chapter: 12
Section: 3
Pages: 5
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.3.1: Purpose: To set forth policy governing the method of supervision and frequency of contacts for all pretrial arrestees placed under the jurisdiction of the Carbon County Pretrial Services Program.
SECTION 12.3.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the Chief Adult Probation/Parole Officer, the pretrial services officer and all offenders placed under pretrial supervision.
SECTION 12.3.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Classificational Levels: The placement of offenders by a correctional system signifying differential care and handling of offenders by assigning a level of supervision according to the risk they may present to the community, the needs of the offender and the availability of resources in the community. This multi-dimensional process goes beyond management of the offenders for the convenience of the agency and involves determination of the degree of supervision necessary, as well as, the offenders resocialization requirements.
3. Conditions of Bail Release: A written listing of prescribed conditions which the offender agrees to follow while under pretrial supervision.
4. Collateral Contact: Communication by telephone with the offender or communication in a manner with another person having regular contact with the offender, such as local law enforcement official or treatment specialist.
5. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
6. Personal Contact: Face-to-face contact with the offender, either in a formal office setting or in the community.
7. Risk-Needs Assessment Instrument: A predictive device intended to forecast offender propensity to commit new offenses or recidivate and to determine specific characteristics of the offender that create a profile of the type and severity of specific offender needs.
SECTION 12.3.4: Method of Supervision: There shall be three (3) levels of classification established by the agency. Assignment criteria for each classification level shall be developed and documented in the offender case record to ensure conformity and equity to all offenders. The following classification levels shall be adopted by the department:
1. Intensive Supervision Level and Contact Requirements: The pretrial services officer shall maintain one (1) face-to-face contact and one (1) collateral contact weekly with the offender. Various reasons may exist for this classification level, which may include, but are not limited to the following:
a. The instant offense was a crime against a person of a violent or sexual nature.
b. The offender has a severe history of mental/emotional disorders or displays chronic alcohol or drug abuse.
c. The offender has an extensive history of delinquent and criminal behavior.
d. The offender is delinquent and not conforming to the prescribed conditions of bail release.
e. Officer impressions of the offender based on prior contacts, experience, training or professionalism.
2. Close Supervision Level and Contact Requirements: The pretrial services officer shall maintain one (1) face-to-face contact and one (1) collateral contact bi-weekly with the offender. Various reasons may exist for this classification level, which may include, but are not limited to the following:
a. The instant offense was against a person rather than property.
b. The offender has a moderate history of delinquent behavior.
c. The offender has a moderate history of mental/emotional disorders or alcohol/drug abuse.
d. The offender is delinquent and not conforming to the prescribed conditions of bail release.
e. Officer impressions of the offender based on prior contacts, experience, training or professionalism.
3. Minimum Supervision Level and Contact Requirements: The pretrial services officer shall maintain two (2) face-to-face contacts and two (2) collateral contacts monthly with the offender. Various reasons may exist for this classification level, which may include, but are not limited to the following:
a. The instant offense was against property rather than a person.
b. The offender is a first-time adult offender with no prior history of delinquent or criminal behavior.
c. The offender has no history of mental/emotional disorders or alcohol/drug abuse.
d. The offender is conforming to the prescribed conditions of release.
e. Officer impressions of the offender based on prior contacts, experience, training or professionalism.
SECTION 12.3.5: Administrative Supervision Level--Contact and Minimum Requirements: Generally, the assigned officer shall review the status of the offender monthly when classified as administrative. Various reasons may exist for this classification level, which may include, but are not limited to the following:
a. The offender is incarcerated on other charges.
b. Officer impressions of the offender based on prior contacts, experience, training or professionalism.
c. When an offender resides outside the jurisdiction of the department and is not being supervised by another jurisdiction, then the following types of administrative reporting schedules shall be required:
1. Mail-in Reporting: An offender placed on this reporting schedule shall maintain weekly contact with the assigned officer using a mail-in form. The assigned officer shall provide the offender with a sufficient amount of forms upon placement on this type of reporting schedule (See Appendix F-1).
2. Phone-in reporting: An offender placed on this reporting schedule shall maintain weekly contact with the assigned officer.
SECTION 12.3.6: Risk/Needs Assessment Instrument: This instrument is easily administered by the officer and is utilized as a caseload management tool. This instrument allows the officer to identify the risk factor that the offender may pose in the community and the needs that the offender may require for a successful adjustment in the community. This procedure will allow the assigned officer to develop an effective supervision plan. Also, all offenders placed under the supervision of the department shall be administered a risk/needs assessment and the level of supervision will be determined by the scales adopted by the department (See Appendix F-2).
SECTION 12.3.7: Classification Override: Officers should be careful in completely relying on the predictive value of the risk/needs assessment instrument score. Officers should also consider their impressions of the client based on prior contacts, experience, training and professionalism before determining a final supervision level.
SECTION 12.3.8: Authorization Signature: Once the risk/needs assessment instrument is completed, the assigned officer shall submit all classification material to the Chief Adult Probation/Parole Officer for review and approval.
SECTION 12.3.9: Documentation of Contacts: All offender contacts and collateral contacts shall be recorded by the assigned officer in the officers field book utilizing the appropriate contact codes located at the top of the client contact sheet (See Appendix F-3).
SECTION 12.3.10: Time Constraints: All initial risk/needs assessments shall be completed at the time of initial intake.
SECTION 12.3.11: Maintenance of Risk/Needs Assessment Forms: All completed assessment forms shall be maintained in the offenders case folder.
SECTION 12.3.12: Office Contacts: It is recognized by the department that certain circumstances may exist that prevents an officer from maintaining face-to-face contacts with an offender in the field. Therefore, special provisions exist for officers to schedule offenders for office appointments on a random basis. However, the department discourages officers from frequently relying on this method of supervision to replace community based contacts.
SECTION 12.3.13: Collateral Contacts--Law Enforcement Authorities: The department mandates that officers maintain collateral contacts with local law enforcement authorities to enhance community supervision. This type of contact is an excellent source of information concerning the offender's adjustment in the community. The frequency of law enforcement collateral contacts shall be established based on the minimum requirements of the classification level assigned to the offender.
SECTION 12.3.14: Initial Field Contact: The initial contact with the offender shall take place at the offender's residence within ten (10) days of receipt of the case. The purpose of the initial field contact is to verify the residence, obtain a layout of the residence, verify all occupants of the residence, determine whether the possibility exists that weapons or illegal contraband could exist within the residence and determine whether the residence is a suitable environment for the offender's successful community adjustment.
Topic: Pretrial Services Program
''Standard Conditions of Release''
Chapter: 12
Section: 4
Pages: 5
Related Standards: 2-3024; 2-3025, 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.4.1: Purpose: To set forth policy governing the issuance of both general and specific conditions of bail release for offenders referred to Carbon County Pretrial Services Program.
SECTION 12.4.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the District Attorney's Office, the Public Defender's Office, the Clerk of Courts Office, the Chief Adult Probation/Parole Officer, the pretrial services officer and all offenders placed under pretrial supervision.
SECTION 12.4.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Conditions of Bail Release: A written listing of prescribed conditions which the offender agrees to follow while under pretrial supervision.
3. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
4. Security: Shall include cash, certified check, money order, personal check or guaranteed arrest bond or bail bond certificate.
SECTION 12.4.4: Purpose of Imposing Conditions: Conditions of bail shall serve three purposes:
1. To ensure the appearance of the offender as required by the bond.
2. To assist the offender during the pre-verdict phase.
3. To protect the safety and security of society.
SECTION 12.4.5: Authority to Impose Conditions of Bail: The issuing authority or court shall attach such reasonable conditions of bail, which are least restrictive in nature, in accordance with 42 Pa. Rules of Criminal Procedure, Rule 4013.
SECTION 12.4.6: Conditions of Bail Release: See Attachment.
SECTION 12.4.7: Surety Responsibility Form: The surety of the bail bond shall execute this form in the presence of the defendant and pretrial services officer (See attachment).
SECTION 12.4.8: Initial Intake: When an offender is referred to pretrial services, the following information and forms shall be obtained and completed:
1. Offender facesheet (See Appendix B-2).
2. Review conditions of bail.
3. Surety responsibilities form.
4. Risk/needs assessment.
5. Supervision plan.
6. Release of Information Form.
7. Take photograph of offender.
8. Provide all completed paperwork to adult probation aide.
CARBON COUNTY COURT OF COMMON PLEAS
ADULT PROBATION/PAROLE DEPARTMENT
PRETRIAL SERVICES PROGRAM
JIM THORPE, PENNSYLVANIA 18229
OFFICE: (717) 325-4226 EMERGENCY: (717) 325-9123
BUSINESS HOURS: 8:30 A.M. to 4:30 P.M.
''CONDITIONS OF BAIL SUPERVISION'' NAME: _________________ CASE NUMBER(S): __________
In such judicial districts as may be provided by local rule of court, or in all judicial districts when the judge or issuing authority so orders, a sum of money not to exceed ten percent (10%) of the amount of bail set, has been posted on your behalf. Therefore, you have been referred to 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, the department has the authority, in the event of any of the following violation(s) of the conditions of your bail release, to issue a warrant for your arrest and to return you to prison pending trial.
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. You shall submit to all orders and processes of the issuing authority or court.
3. 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.4. 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.
5. 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.
6. 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.
7. You will remain in the Commonwealth of Pennsylvania unless permission has been granted by your pretrial services officer prior to such travel.
8. 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.
9. You shall neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by 18 Pa.C.S. § 4952 (relating to intimidation of witnesses or victims) or 18 Pa.C.S. § 4953 (relating to retaliation against witnesses or victims).
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 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 issue an appropriate process or warrant for your arrest and remand you to prison pending final disposition of the criminal proceedings.
CLIENT 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: ______
CARBON COUNTY COURT OF COMMON PLEAS
__________
Carbon County Adult Probation/Parole Department
John P. Lavelle, President Judge
P. O. Box 26
Richard W. Webb, Judge
Jim Thorpe, Pennsylvania 18229
Business Hours: 8:30 A.M. to 4:30 P.M.
Ronald S. Kokinda, Chief Adult Probation Officer
Telephone: (717) 325-4226 Fax: (717) 325-4250
Joseph Berke, Deputy Chief Adult Probation Officer
Emergency: (717) 325-9123
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__________
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