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PA Bulletin, Doc. No. 07-779

THE COURTS

PIKE COUNTY

Promulgation of Criminal Local Rule 702; No. 616-2007-Civil; 54-2007-M. D.

[37 Pa.B. 2096]
[Saturday, May 5, 2007]

Order

   And Now, this 16th day of April, 2007, the Court Orders the following:

   1.  Local Rule of Criminal Procedure 702 is hereby adopted effective thirty (30) days after publication in the Pennsylvania Bulletin;

   2.  The Court Administrator of the 60th Judicial District is hereby Ordered to do the following:

   a.  File seven (7) certified copies of this Order and the pertinent Rules with the Administrative Office of Pennsylvania Courts;

   b.  File two (2) certified copies and a computer diskette containing this Order and the pertinent Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   c.  File one (1) certified copy of this Order and the pertinent Rule with the Civil Procedural Committee;

   d.  Provide one (1) copy of this Order and the Local Rule to each member of the Pike County Bar Association who maintain an active practice in Pike County; and

   e.  Keep continuously available for public inspection, copies of this Order and the Local Rules.

By the Court

JOSEPH F. KAMEEN,   
President Judge

Local Rule 702--Aids in Imposing Sentence

   A.  Pre-Sentence Investigation Reports:

   1.  The sentencing judge may, at the judge's discretion, order a pre-sentence report in any case.

   a.  The pre-sentence investigation report shall prepared immediately and be no more than ninety (90) days and no less than forty-five (45) days from the date of the finding of guilt.

   b.  If a pre-sentence report is ordered, defendant is to report to the probation office within twenty-four (24) hours of the finding of guilt to schedule a meeting with the probation officer preparing the report.

   2.  The sentencing judge shall place on the record the reasons for dispensing with the pre-sentence investigation report if the judge fails to order a pre-sentence report in any of the following instances:

   a.  When incarceration for one year or more is a possible disposition under the applicable sentencing statutes;

   b.  When the defendant is less than 21 years old at the time of conviction or entry of a plea of guilty; or

   c.  When a defendant is a first offender in that he or she has not heretofore been sentenced as an adult.

   3.  The pre-sentence investigation report shall include information regarding the circumstances of the offense and the character of the defendant sufficient to assist the judge in determining sentence.

   4.  The pre-sentence investigation report shall also include a victim impact statement as provided by law.

   B.  Psychiatric or Psychological Examination

   1.  After a finding of guilt and before the imposition of sentence, after notice to counsel for both parties, the sentencing judge may, as provided by law, order the defendant to undergo a psychiatric or psychological examination. For this purpose the defendant may be remanded to any available clinic, hospital, institution, or state correctional diagnostic and classification center for a period not exceeding 60 days.

[Pa.B. Doc. No. 07-779. Filed for public inspection May 4, 2007, 9:00 a.m.]


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