THE COURTS
WASHINGTON COUNTY
Local Rules; No. 2012-1
[42 Pa.B. 4177]
[Saturday, July 7, 2012]
Order And Now, this 11th day of June, 2012; It Is Hereby Ordered that the previously stated Washington County Local Civil Rules be adopted/amended as follows.
These rules will become effective thirty days after publication in the Pennsylvania Bulletin.
By the Court
DEBBIE O'DELL SENECA,
President JudgeL-708. Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition.
(A) When it is alleged that an offender is in violation of the conditions of his/her probation/parole or Intermediate Punishment sentence, a Gagnon I Hearing shall be held before a member of the Washington County Probation/Parole Office designated as a hearing officer; typically, the Washington County Chief of Probation/Parole. The hearing shall be held within three (3) Court business days if the offender is incarcerated as a result of the violation(s). The designated hearing officer shall be responsible for advising the offender of all information required at a Gagnon I Hearing. Should the hearing officer, at the Gagnon I Hearing, find that a prima facie case exists, the procedure in paragraph B shall be followed.
(B) The supervising probation/parole officer shall petition the court within (3) business days to schedule a Gagnon II Hearing after the Gagnon I Hearing if the bases of the hearing are allegations that the offender engaged in technical violation(s) of the conditions or special conditions of his/her probation/parole or Intermediate Punishment sentence; and within three (3) business days after a preliminary hearing if the basis of the hearing are allegations that the offender engaged in substantive violation(s) of the conditions or special conditions of his/her probation/parole or Intermediate Punishment sentence. The Petition shall indicate whether the allegations are contested or whether a Gagnon II Hearing shall be for disposition purposes only. The offender shall have the right to representation by an attorney at his/her own expense, or if indigent and upon his/her application, the appointment of the Public Defender for the Gagnon II Hearing.
(C) At the Gagnon I Hearing should a determination be made by the hearing officer that the offender should be returned to continued supervision at liberty, the offender, if incarcerated, shall be released from custody, and continue under his/her probation/parole or Intermediate Punishment sentence.
L-709 Adult Probation Office Fees.
(A) All offenders subject to supervision by the Washington County Adult Probation Office shall be assessed a supervision fee of $50.00 per month for the length of their probation or parole term.
(B) In addition to the supervision fee found in paragraph (A) above, offenders are subject to the following monitoring fees:
(1) A daily monitoring fee of $10.00 flat rate per day for any monitoring service which shall include, but not be limited to: Electronic Home Monitoring, Electronic Home Monitoring with cellular service, and Global Positioning Monitoring.
(2) A one-time administrative installation fee of $50.00 shall be assessed for any monitoring service at the inception of monitoring supervision.
(3) Offenders placed on a monitoring service that claim indigence shall be required to complete community service work at the prevailing Commonwealth minimum wage rate for all fines, fees, and costs associated with their respective cases, including monitoring fees owed. Offenders shall begin community service work within five (5) business days of being placed on a monitoring service.
(a) Offenders who have a verified and reasonable physical or mental handicap shall be exempt from the payment of the monitoring fee. However, if the offender is receiving disability benefits, the offender shall be responsible for the minimum cost of the monitoring service.
(C) In addition, offenders subject to monitoring via the Secure Continuous Remote Alcohol Monitoring (SCRAM) or similar device are responsible for the costs of such monitoring. These costs are payable directly to the vendor.
(D) The Washington County Clerk of Courts Office and the Court of Common Pleas Community Service Program shall apply the prevailing Commonwealth minimum wage rate to calculate the amount of fines, costs and fees an offender worked off.
L-710. Arrest and Processing of Probation/Parole Violators.
(A) When a duly appointed probation/parole officer has conducted an investigation which reveals that a violation(s) of conditions of probation/parole has been committed by the offender, that offender may be arrested by a probation /parole officer or by any Peace Officer in the Commonwealth authorized to make arrests, or in the case of an offender who has absconded the Commonwealth, an arrest warrant shall be submitted to the proper police agency for processing as per normal procedures. Following arrest, the filing probation/parole officer shall request a Gagnon I Hearing before the hearing officer, which shall be held within three (3) Court business days if the offender is committed to the Washington County Correctional Facility. The procedure set forth in Local Rule 708 shall then be followed.
(B) Should the filing probation/parole officer determine that there was a violation of the offender's probation/parole but an arrest is not warranted, a Gagnon I Hearing shall be scheduled as soon as possible following discovery of the violation(s), and the procedure set forth in Local Rule 708 shall then be followed. Notice of the Gagnon I Hearing, and the hearing date, shall be served upon the offender by the filing probation/parole officer within 10 business days.
L-711. Probation/Parole General Rules and Regulations.
The Court, whenever sentencing a defendant to probation or granting parole, shall state in its order that, in addition to the statutory requirements, the general rules, regulations, and conditions governing probation and parole in Washington County apply to the sentenced offender. The Court shall also inform the offender that all special and/or additional conditions of probation and parole as set forth in these rules, and which are within the authority of the probation/parole officers to enforce, shall be applicable and all of the following shall apply unless specifically deleted by the Court in its order or in a subsequent order:
(A) The offender shall be in the legal custody of the Court until the expiration of his/her probation/parole or the further order of Court, and the probation/ parole officer has the authority any time during this period, in case of violation by the offender of any of the conditions of his/her probation/parole, to detain the offender in a county prison and make a recommendation to the Court, which may result in the revocation of probation/parole and commitment to a penal or correctional institution for service of the sentence.
(B) The offender shall report at times as ordered/directed to the Washington County Probation/Parole Office, or at a satellite location, or in the offender's home or place of employment, or report in writing. The offender must reply to any communication from the Court or the Washington County Probation/Parole Office.
(C) The offender shall reside at an address provided by him/her and approved by the Washington County Probation/Parole Office and may not change the residence without prior permission from the Washington County Probation/Parole Office.
(D) The offender shall not travel outside of Washington County or the Commonwealth of Pennsylvania without prior permission from the Court or his/her probation/parole officer. An offender who has been convicted of a crime which would preclude the offender from being considered an ''eligible offender'' pursuant to 42 Pa.C.S.A.§ 9801 et seq. (County Intermediate Punishment Act), may only travel outside the Commonwealth of Pennsylvania pursuant to Court Order.
(E) The offender shall not violate any township, municipal, county, state or federal criminal laws, and shall abide by any written instructions of his/her probation/parole officer. Pursuant to this rule any such instruction shall be considered a special condition of supervision imposed by the Court. Such instructions shall be designed to assist the offender in his/her rehabilitation and re-assimilation into the community and to protect the public. The offender shall immediately notify his/her Probation/Parole Officer of any arrest or investigation by law enforcement agencies. The offender shall be of good behavior generally.
(F) If the offender is unemployed, he/she shall make every effort to obtain and maintain employment and support his/her dependents, if any. If the offender loses his/her job, he/she shall immediately notify his/her probation/parole officer and cooperate in any effort he/she may make to obtain employment for the offender.
(G) The offender shall abstain from the use or possession of illegal substances, and from abusing prescribed medications. Offenders prescribed medications obtained from a legitimate medical source for a legitimate medical need shall provide a written release to his/her probation/parole officer in order to verify compliance with the medical provider's directions. The offender shall also abstain from abusing over-the-counter (OTC) non-prescription medications.
(H) Offenders placed under the supervision of the Washington County Probation/ Parole Office shall not be allowed to possess any firearms or dangerous/offensive weapons. Any matters involving the carrying of a sidearm for personal protection necessary for employment shall require an order of Court and a valid license to carry a firearm issued by the County Sheriff.
(I) The offender may not use or possess alcoholic beverages, and may not enter a ''drinking establishment'' as that term is defined in 35 Pa.C.S.A. § 637.2, unless this condition is totally or partially granted by the sentencing Judge.
(J) All fines, costs, fees, and restitution imposed upon the offender by the Court must be paid immediately or in accordance with any schedule set forth by the Court or by the Clerk of Courts. An offender may perform community service in lieu of cash payments of costs, fines, and fees; or in conjunction with cash payments of fines, costs, and fees. Community Service may not be performed in lieu of restitution payments. Community service may also be court-ordered as part of a sentence. The Washington County Clerk of Courts Office and the Court of Common Pleas Community Service Program shall apply the prevailing Commonwealth minimum wage rate to calculate the amount of fines, costs and fees an offender worked off.
(K) The offender shall attend any therapeutic program or obtain assessments offered by a recognized agency when directed to do so by his/her probation/parole officer. The offender shall pay all costs and fees associated with the therapeutic program or assessment. The offender shall also obey any and all rules of said facility/program while attending treatment, classes, or assessments. The offender shall sign a confidential release for all treatment providers to permit the Court and/or the probation/parole officer to monitor his/her attendance and progress.
(L) The offender shall participate in the electronic monitoring/house arrest program if ordered to do so by the sentencing Judge. If the offender agrees in writing to participate in the electronic monitoring/house arrest program during the course of a Gagnon I hearing rather than proceed to a Gagnon II hearing, electronic monitoring/house arrest shall automatically become a special condition of the offender's probation/parole. An offender on supervision for, or alleged to have committed an offense which would preclude him/her from being considered an ''eligible offender'' pursuant to 42 Pa.C.S.A.§ 9801 et seq. (County Intermediate Punishment Act), shall not be permitted to enter such an agreement. The offender shall be responsible to pay the costs of the program pursuant to Local Rule 709. The offender shall abide by all conditions, instructions, rules and directives of the electronic monitoring/house arrest program and maintain an appropriate telephone line and electricity. A probation/parole officer may give approval to an offender to leave the residence for verified employment, counseling, treatment, medical appointments, and funerals. The offender shall be financially responsible for all lost, discarded, or damaged equipment other than damage resulting from normal wear.
(M) The offender shall participate in a Continuous Alcohol Monitoring (CAM) program or an on-demand alcohol monitoring program if specifically ordered by the Court or required by his/her probation/parole officer in an effort to ensure the offender does not ingest alcohol as a reasonable response related to the offender's rehabilitation and the protection of the community. This decision shall be based on the offender's alcohol abuse history, including any alcohol use in violation of the conditions of the offender's probation/parole, the nature of the offense(s) for which the offender is on probation/parole, and the need to protect the public. The offender shall be responsible to pay the costs of the program pursuant to Local Rule 709.
(N) The offender shall submit to random and periodic testing to determine the use and presence of any illegal substances and/or alcoholic beverages. Any offender refusing to submit to testing or who provides an invalid or adulterated sample shall be in violation of the conditions of his/her probation/parole and which may lead to the revocation of his/her probation/parole. In addition, if an offender provides an adulterated sample, he/she could face criminal charges.
(O) The offender shall report to the Washington County Probation/Parole Office within 24 hours or the next business day after being released from any institution. For purposes of this rule, the term ''institution'' includes penal and correctional institutions, and inpatient treatment/rehabilitation centers.
(P) The offender shall comply with any curfew imposed by his/her probation/parole officer.
(Q) The offender shall always be truthful and accurate in any written or oral statements he/she makes to all staff members of the Washington County Probation/Parole Office and all law enforcement agencies. Specifically, any statements concerning the offender's eligibility for and/or conditions of probation/parole, probation/parole status, and statements made in response to questions concerning the offender's identity must be truthful and accurate.
(R) The offender shall not at any time display assaultive or threatening behavior. The offender shall be prohibited from annoying, harassing, intimidating, any witness or victim of his/her crime. The offender must abide any and all conditions imposed regarding protection from abuse orders.
(S) The offender shall receive a copy of these general terms and conditions of probation/parole at or about the time supervision commences.
(T) Pursuant to 42 Pa.C.S.A.§ 9912(d)(1), the offender shall be subject to warrantless searches of his/her person, property, vehicle, or residence and the seizure and appropriate disposal of any contraband found, if it is reasonably suspected that offender is in possession of contraband or other evidence of violations of the conditions of his/her probation/parole.
The existence of reasonable suspicion to search shall be determined in accordance with constitutional search and seizure provisions as applied by judicial decision. In accordance with such case law, the following factors, where applicable, may be taken into account:
(i) The observations of officers.
(ii) Information provided by others.
(iii) The activities of the offender.
(iv) Information provided by the offender.
(v) The experience of officers with the offender.
(vi) The experience of officers in similar circumstances.
(vii) The prior criminal and supervisory history of the offender.
(viii) The need to verify compliance with the conditions of supervision.
(U) Unless otherwise established by Court order, the frequency with which the offender reports to his/her probation/parole officer shall be determined by the assigned probation/parole officer, who shall utilize an evidence based risk assessment tool, and the officer's professional judgment and experience. The probation/parole officer shall base such determinations on the need to assist the offender in his/her rehabilitation and re-assimilation into the community, and to protect the public.
(V) If the offender believes that his/her rights have been violated as a result of probation/parole supervision, and the offender has evidence to support the alleged violation, the offender may submit a timely complaint in writing, first to the Chief Probation/Parole Officer. If the complainant is not satisfied with the result they may then submit a complaint to the President Judge of Washington County at the Washington County Courthouse.
L-712. Intermediate Punishment General Rules and Regulations.
(A) All of the general Rules and Regulations for Probation/Parole authorized pursuant to Local Rule 711 apply to Intermediate Punishment (Intensive Supervision). The following additional Rules and Regulations shall also apply to Intermediate Punishment supervision including those associated with Intermediate Punishment options associated with Driving under the Influence (DUI) and the Restrictive Intermediate Punishment Program Offender Day Partial Program (ODPP).
(B) Intermediate Punishment sentences may include electronic monitoring/house arrest, continuous alcohol monitoring (CAM), on-demand alcohol monitoring, intensive supervision, curfews, assessments, treatment, or any combination of the above.
(1) The offender shall abide by all of the rules, regulations and conditions of Washington County Correctional facility while serving the Jail/Work Release portion of the Intermediate Punishment sentence.
(2) Offenders while on Intermediate Punishment shall abide by all the standard rules, regulations and conditions of the Washington County Probation/Parole Office as set forth in Local Rule 711. Intermediate Punishment (Intensive Supervision) shall require a higher volume of contacts than general supervision cases. Step-down from intensive supervision status shall be decided through a supervisor via administrative reviews which occur monthly.
(3) Offenders placed into the Washington County Offender Day Partial Program (ODDP) shall be required to adhere to the standard rules, regulations and conditions of the Washington County Probation/Parole Office along with any additional conditions imposed by the sentencing Judge or required by the participants in the program which may include in-patient treatment, out-patient treatment, electronic monitoring/house arrest, community service, and administrative reviews.
L-713. Specialty/Problem Solving Courts General Rules and Regulations.
All of the established general Rules and Regulations of Washington County Probation/Parole in Local Rule 711 apply to all Washington County Specialty/Problem Solving Court participants. The term ''Specialty/Problem Solving Courts'' includes, but is not limited to: Treatment Court, Mental Health Court, and Veterans Court. Specialty Courts/Problem Solving Courts may utilize a combination of assessments, treatments, evaluations, curfews, electronic monitoring/house arrest, community service, and continuous alcohol monitoring (CAM) to meet the needs of the offender; and shall impose such requirements as special conditions of the offender's probation/parole.
L-714. Sex Offender Conditions and Supervision.
(A) Any sex offender sentenced to probation/parole under the supervision of the Washington County Probation/Parole Office shall be required to follow the standard rules and regulations of probation/parole supervision as set forth in Local Rule 711 and may be required to adhere to curfews and conditions prohibiting the participation of the offender in certain activities that allow for access to children.
(B) All living arrangements of sex offenders shall be approved by the Washington County Probation/Parole Office. Arrangements not meeting the standard of community safety as decided by the Washington County Probation/Parole Office shall be deemed not acceptable. A sex offender supervised through the Washington County Probation/Parole Office shall be in violation of the condition(s) of supervision if he/she fails to adhere to any rules and/or regulations regarding Megan's Law/Adam Walsh Law, address registration, evaluations, and treatment. Other special conditions that may be imposed are as follows, possible restrictions on non-approved Internet sites, possible restrictions on participation in activities and or organizations which lend access to children, possible restrictions on participation in holiday events that lend access to children, possible restrictions on employment if it may lend access to children, possible restrictions regarding patronage at certain establishments, such as a strip club, if in the best interest of community safety, and restrictions on any form of communication, publication, or pornographic material if needed. The Washington County Probation/Parole Office shall petition the Court to request the imposition of any such special conditions, unless the defendant/offender agrees to the special conditions.
L-715. Early Release/Parole/Re-Entry.
All of the general Rules and Regulations for Probation/Parole set forth in Local Rule 711 apply to participants in the Early Release/Parole/Re-entry Program. The following additional rules of law and regulations shall also apply to Early Release/Re-entry/Parole participants. The Court shall state at time of sentencing whether or not an offender is eligible to participate in a (county) Re-entry Program. No offender shall be eligible for the Early Release Program without a re-entry plan. The parole/re-entry plan shall be completed by a probation/parole officer prior to the offender being considered for parole/early release/reentry from the Washington County Correctional Facility. Any condition(s) recommended in the parole/re-entry plan by the probation/parole officer who has performed the parole/re-entry/early release plan shall become a special condition(s) of his/her parole unless otherwise excluded by the sentencing Judge.
L-716. Interstate Compact.
(A) The Commonwealth of Pennsylvania/Washington County is a member of the federal compact involving the interstate transfer of offenders known as the Interstate Compact. Interstate Compact rules mandate that any offender seeking to relocate to another state who has been convicted of a felony offense and what is known as transferable misdemeanor offenses must be processed through the Interstate Compact. Offenders released from incarceration or sentenced to probation/parole that are mandated transferable may be eligible for reporting instructions. However, if the offender does not complete the reporting instructions via the Washington County Probation/Parole Office within seventy-two hours (72) of release or sentence, they shall become ineligible for reporting instructions. It should be noted that not all offenders will be eligible for reporting instructions. For example, the offender must have had a residence or family residing within the accepting state at the time the offense occurred to be eligible for reporting instructions.
(B) Full transfers of cases may take up to ninety days. The offender may be required to remain in the sentencing state pending application and possible acceptance for transfer.
[Pa.B. Doc. No. 12-1259. Filed for public inspection July 6, 2012, 9:00 a.m.]
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