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PA Bulletin, Doc. No. 07-780

THE COURTS

PIKE COUNTY

Promulgation of Criminal Local Rule 703; No. 614-2007-Civil; No. 56-2007-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 703 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 703. Disclosure of Pre-sentence Reports

   A.  All pre-sentence reports and related psychiatric and psychological reports shall be confidential, and not of public record. They shall be available to the sentencing judge, and to:

   1.  The attorney for the Commonwealth and counsel for the defendant, for inspection only.

   B.  If the defendant or the Commonwealth alleges any factual inaccuracy in a report under this rule, the sentencing judge shall, as to each inaccuracy found, order that the report be corrected accordingly.

   C.  After sentencing, unless the sentencing judge otherwise orders, and subject to the provisions of paragraph (B), psychiatric, psychological, and pre-sentence reports shall also be available to:

   1.  Correctional institutions housing the defendant; and

   2.  Departments of probation or parole supervising the defendant; and

   3.  Departments of probation or parole preparing a pre-sentence investigation report regarding the defendant.

   The reports shall continue to be confidential and not of public record.

   D.  On the order of the sentencing judge, a psychiatric, psychological, or pre-sentence investigation report may be made available to any other person or agency having a legitimate professional interest in the disposition of the case.

   E.  The sentencing judge may at any time impose further conditions of confidentiality on a person or agency receiving a report under paragraphs (C) or (D) of this rule.

[Pa.B. Doc. No. 07-780. Filed for public inspection May 4, 2007, 9:00 a.m.]


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