THE COURTS
CARBON COUNTY
Pretrial Services Plan; No. 051 MI 96
[34 Pa.B. 4554]
Administrative Order 20-2004 And Now, this 4th day of August, 2004, in order to modify policy and procedure for the Carbon County Pretrial Services Plan, it is hereby
Ordered and Decreed that, effective thirty days after publication in the Pennsylvania Bulletin, the Court hereby Revises its Pretrial Services Plan that follows.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of the Order and Rule in the Clerk of Court's Office.
By the Court
RICHARD W. WEBB,
President JudgePurpose
To establish policy and procedure governing the administration of Carbon County's Pretrial Services Program.
Applicability
To the Carbon County Court of Common Pleas, the Minor Judiciary, the Carbon County Adult Probation/Parole Department and the Carbon County Correctional Facility.
Definitions
As utilized in this document, the following definitions shall apply:
1. Arrest: The apprehension, legal custody, seizure or restraint of an offender by a law enforcement official.
2. Bail: The security or other guarantee required and given for release of a person, conditioned upon a written undertaking, in the form of a bail bond, that the person will appear when required and comply with all conditions set forth in the bail bond.
3. Bail Authority: The district justice, magistrate, Philadelphia bail commissioner, or the judge with jurisdiction over the case who is authorized by law to set, modify, revoke or deny bail.
4. Bail Bond: A document executed by a defendant, and when applicable, one or more sureties, whereby, the defendant agrees that while at liberty after being released on bail, he or she will appear at all subsequent proceedings as required and comply with all the conditions of the bail bond.
5. Bail Report: A concise document provided to the issuing authority that includes socioeconomic data, prior criminal record, demographic data and other background information on the defendant.
6. Central Repository: The central location for the collection, compilation, maintenance and dissemination of criminal history record information.
7. 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 offender's resocialization requirements.
8. Clerk of Courts: The official in each judicial district who has the responsibility and function under state or local law to maintain the official criminal court file and docket, without regard to that person's official title.
9. 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.
10. Common Pleas Court: Trial courts of original, general jurisdiction.
11. Commonwealth Law Enforcement Assistance Network (CLEAN): A computer system maintained by the Pennsylvania State Police to store information on offenses throughout the Commonwealth.
12. Community Supervision: Regular and systematic control and guidance provided to offenders, who are placed under the jurisdiction of the department on pretrial services supervision.
13. Conditions of Bail Release: A written listing of prescribed conditions, which the offender agrees to follow while under pretrial supervision.
14. Contraband: Any item that the offender is not permitted to possess under the conditions of supervision, including any item whose possession is forbidden by Federal, State or local law.
15. Control and Surveillance: The monitoring of offender behavior in the community, to ensure compliance with court-imposed sanctions of release and to promote law-abiding behavior.
16. Criminal History Record Information: Information collected by criminal justice agencies concerning individuals, and arising from the initiation of a criminal proceeding.
17. Criminal Justice Agency: Any court, including the minor judiciary, with criminal jurisdiction or any other governmental agency, or subunit thereof, created by statute or by the State or Federal constitutions, specifically authorized to perform as its principal function the administration of criminal justice, and which allocates a substantial portion of its annual budget to such function.
18. Defendant: The party against whom a civil or criminal action is brought.
19. Detainer: An internal administrative mechanism to assure that an inmate subject to an unexpired term of confinement will not be released from custody until the jurisdiction asserting violations of supervision has had an opportunity to act by taking the inmate into custody or by making a revocation determination.
20. Disposition: Information indicating that criminal proceedings have been concluded.
21. Dissemination: The oral or written transmission or disclosure of criminal history record information to individuals or agencies other than the criminal justice agency, which maintains the information.
22. Exigent Circumstances: Includes, but is not limited to, suspicion that contraband or other evidence of violations of the conditions of supervision might be destroyed or suspicion that a weapon might be used. Exigent circumstances always exist with respect to a vehicle.
23. Issuing Authority: Any public official having the power and authority of a magistrate, a Philadelphia bail commissioner, or a district justice.
24. Major Violations: Inappropriate behavior by the offender, which does pose a serious threat to himself, others, property or the community.
25. Management Information Systems: Automated or manually collected data and records utilized for planning, research and evaluation.
26. Minor Violations: Inappropriate behavior by the offender, which does not pose a serious threat to himself, others, property or the community.
27. National Crime Information Center (NCIC): A computerized system run by the Federal Bureau of Investigation in order to track offenses throughout the United States.
28. New Criminal Offense Violation: A violation of the conditions of release, which violation is for a new criminal arrest or conviction.
29. Offenders: Those individuals who have committed a criminal act and have been placed under the jurisdiction of the department for supervisory purposes.
30. Offense Tracking Number (OTN): A number given by a court to each specific case.
31. Originating Agency Identifier (ORI): A number given to each agency by the Pennsylvania State Police in order to track those agencies submitting information to the central repository.
32. Personal Contact: Face-to-face contact with the offender, either in a formal office setting or in the community.
33. Personal Search: A warrantless search of an offender's person, including, but not limited to, the offender's clothing and any personal property which is in the possession, within the reach or under the control of the offender.
34. Praecipe: An original writ commanding the defendant to do the act required. Also, an order addressed to the clerk of court, requesting the issuance of a particular writ.
35. Pretrial Services Program: A program designed to monitor the activity of criminal offenders released on bail status under certain court imposed conditions, pending final disposition of the criminal charges.
36. Prima Facie: Literally, ''on its face.'' Evidence is said to be prima facia when, standing alone, it amounts to the degree of proof needed to make a particular finding.
37. Property Search: A warrantless search of real property, vehicle or personal property, which is in the possession or under the control of the offender.
38. Real Property: Any residence or business property of the offender, including all portions of property to which the offender has access.
39. Release On Recognizance (ROR): Release conditioned only upon the defendant's written agreement to appear when required and to comply with the conditions of the bail bond in Rule 526(A).
40. Release on Nonmonetary Conditions: Release conditioned upon the defendant's agreement to comply with any nonmonetary conditions, as set forth in Rule 527, which the bail authority determines are reasonably necessary to ensure the defendant's appearance and compliance with the conditions of the bail bond.
41. Release on Unsecured Bail Bond: Release conditioned upon the defendant's written agreement to be liable for a fixed sum of money if he or she fails to appear as required or fails to comply with the conditions of the bail bond. No money or other form of security is deposited.
42. Release on Nominal Bail: Release conditioned upon the defendant's depositing a nominal amount of cash which the bail authority determines is sufficient security for the defendant's release, such as $1.00, and the agreement of a designated person, organization, or bail agency to act as surety for the defendant.
43. Release on a Monetary Condition: Release conditioned upon the defendant's compliance with a monetary condition imposed pursuant to Rule 528. The amount of the monetary condition shall not be greater than is necessary to reasonably ensure the defendant's appearance and compliance with the conditions of the bail bond.
44. Security: Shall include cash, certified check, money order, personal check or guaranteed arrest bond or bail bond certificate.
45. Surety: A person, who agrees to be responsible for another's debts or obligations.
46. Technical Violation: A violation of the conditions of release, which violation is other than a new criminal arrest or conviction.
47. Warrant: A legal document issued by the Court or the adult probation/parole department that authorizes a law enforcement agency or other legal authority to apprehend an offender and commit him to prison.
48. Workload Formula: An administrative strategy for the analysis of quantifiable objectives and time factors for an employee performing their functions over a specific time period. Employees have a relatively fixed amount of total time available to complete job tasks in an identifiable time frame.
Authority and Policy Statement
Authority: This policy statement has been developed pursuant to and in accordance with statutory requirements, local rules established by the Carbon County Adult Probation/Parole Department and through the formal adoption by the Carbon County Court of Common Pleas through administrative court order.
Policy Statement: The Carbon County Adult Probation/Parole Department and Carbon County Court of Common Pleas recognizes that defendant's placed on bail must be held accountable to the conditions of release imposed by the issuing authority, whereby the active community supervision will ensure public safety and the appearance of the defendant at court hearings. Additionally, non-adversarial information shall be provided to the court for bail consideration and sentencing decisions.
Principles and Approach to Pretrial Services: Pretrial release programs do not release defendants, judges alone are responsible for setting 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.
Pretrial Services Program
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 timeliest 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.
Duties and Powers of the Carbon County Pretrial Services Program: Pursuant to 42 Pennsylvania Rules of Criminal Procedure, Rule 530, the Carbon County Court of Common Pleas, by local rule (See Administrative Court Order No. 9-2004), 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 gather information about defendants relevant to bail decisions.
2. To make recommendations to the bail authority concerning the types of release and the conditions of release on bail for individual defendants.
3. To supervise defendants when so designated by the bail authority.
4. To make reasonable rules and regulations to implement the bail agency's functions.
Target Population: Under the local rules of criminal procedure adopted by the Carbon County Court of Common Pleas, the following defendant's shall be automatically referred to the Carbon County Pretrial Services Program for supervision and monitoring:
1. Defendants or surety, who post the full amount of the monetary condition as imposed by the court, judge or issuing authority (See 42 Pennsylvania Rules of Criminal Procedure, Rule 528).
2. 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 is posted by the defendant or surety (See 42 Pennsylvania Rules of Criminal Procedure, Rule 528).
3. When the judge, court or issuing authority imposes nonmonetary conditions of release on bail and reporting requirements are imposed for pretrial intervention (See 42 Pennsylvania Rules of Criminal Procedure, Rule 526 and 527).
Ineligible Offenders: The following defendants shall be declared ineligible for participation in the pretrial services program, unless otherwise court ordered:
1. Defendants afforded bail for indirect criminal contempt.
2. Fugitives from Justice.
3. Probation, Parole and intermediate punishment violators.
4. Bail posted by a licensed bondsman.
5. Defendants who post realty as bail.
Referral Process: When an offender posts bail, the offender and/or surety shall be provided a copy of the Notice to Appear correspondence by the issuing authority, the Clerk of Court's Office and/or prison officials. The defendant and surety shall report to the Carbon County Adult Probation/Parole Office on the next available working day (See Page 30 of this Policy Statement).
Workload Management
Goals and Objectives of Workload Management: A workload approach to pretrial services management is designed to address the following:
1. To provide information and data for budget justification and support.
2. To enable an agency to adequately allocate its resources.
3. To enhance agency accountability.
Pretrial Services Workload Formula: A workload formula shall be developed and applied to the allocation of tasks to full-time pretrial service personnel. This formula shall be reviewed on an annual basis.
Reporting: Pretrial service personnel shall report directly to the Chief Adult Probation/Parole Officer or supervisor. The supervisor shall conduct caseload reviews from an administrative and case management perspective.
Assignment of Work Tasks: All work associated with pretrial services shall be allocated to the Pretrial Services Officer through a workload formula that shall consider the following factors:
1. Legal requirements of adult offenders.
2. Supervision levels based on a departmental classification system.
3. Geographic location of adult offenders for purposes of computing travel time.
4. Training, investigative and administrative tasks required.
Identification of Workload Factors: To develop an effective workload formula, the following factors shall be considered:
1. Identification of pretrial services/diversion duties and responsibilities.
2. Measurement of an assigned task to final completion.
3. Development of a classification system for pretrial service offenders.
4. Translation of task assignments into specific time factors that can be analyzed in a quantitative manner.
Implementation: The workload formula shall be implemented as follows:
1. The Pretrial Services Officer shall be assigned all pretrial diversion offenders, unless a conflict of interest exists. The employee will be responsible for the offender from initial intake to final disposition. Also, the employee will be responsible for all other functions associated with the operation of a pretrial services program. Adjustments or modifications to this formula can only be accomplished by the Chief Adult Probation/Parole Officer or the Court.
Conflict of Interest
Departmental Policy: Any situation when a staff member has competing professional or personal obligations or personal or financial interests that would make it difficult for him or her to fulfill his or her duties fairly. A conflict of interest may occur under the following circumstances:
1. A staff member's private interest differs from his or her professional obligations to the court.
2. Professional actions or decisions occur that an independent observer might reasonably question.
3. A conflict depends upon situation and not the character or actions of the individual.
4. A family member, friend, associate or any other individual that is closely connected with an employee of the department.
Duty to Disclose: An officer that has a foreseeable conflict of interest with a potential offender must advise his or her immediate supervisor. The supervisor will investigate the conflict and if necessary, reassign the case. In those circumstances when an offender is closely related or associated with a departmental employee, then the court will be notified and the case referred to the Pennsylvania Board of Probation and Parole or a neighboring county for possible supervision.
Gift Policy: See Article 49 of the Common Pleas Court of Carbon County Personnel Policy and Procedure Manual for Court Employees.
Disciplinary Process: Any violation of this section may result in disciplinary action, including termination.
Intake Process
Initial Interview: When a defendant is referred for pretrial services intervention, the following documentation shall be completed by the intake officer:
1. Offender facesheet.
2. Conditions of bail.
3. Surety responsibility form, if applicable.
4. Bail Information Sheet.
5. Release of information form, if applicable.
6. Photograph of the defendant.
Offender Facesheet: The intake officer shall gather all demographic information concerning the defendant and all other bail information using this departmental form.
Conditions of Bail Release: The intake officer shall review the standard conditions of bail release and any other special conditions imposed by the issuing authority or court (See Pages 31 & 32 of this Policy Statement).
Purpose of Imposing Conditions: Conditions of the pretrial services program 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 the community.
Authority to Impose Conditions of Bail: The issuing authority or court shall attach such reasonable conditions of bail, which are least restrictive in nature, and in accordance with 42 Pennsylvania Rules of Criminal Procedure, Rule 526, 527 and 528.
Modification of Bail Order: The issuing authority or judge of common pleas may modify the bail order in accordance with 42 Pennsylvania Rules of Criminal Procedure, Rule 529.
Electronic Monitoring Condition: Any defendant placed in the pretrial services program with a special condition of electronic monitoring imposed by the issuing authority or court shall comply with all rules and regulations of the electronic monitoring program, including payment of all daily monitoring fees as established by the court.
Surety Responsibility Form: The surety of the bail bond should execute this form in the presence of the defendant and the intake officer. However, if the surety is unavailable at the time of the initial intake, then the form shall be forwarded to the surety for completion (See Page 33 of this policy statement).
Bail Information Sheet: The intake officer shall gather specific information concerning the defendant's prior criminal history and health issues (See Page 34 of this policy statement).
Notice to Appear and Monitoring: Defendants shall be provided written notification by the issuing authority for all scheduled hearings. The pretrial services officer shall inform all program participants of all scheduled hearings at the time of initial intake interview. During the course of pretrial supervision, the assigned officer shall continue to monitor court-scheduled hearings and provide appropriate levels of notification to the defendant for appearance.
Monitoring Court Appearance Rates: In order to determine the effectiveness of the pretrial service program, the Chief Adult Probation/Parole Officer shall monitor and gather statistical information concerning court appearance rates for all program participants.
Classificational Levels
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 department shall adopt the following classification levels:
1. Intensive Supervision Level and Contact Requirements: The pretrial services officer shall maintain four (4) 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 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.
f. The most serious offense in the criminal complaint is a felony.
2. Maximum 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 a person.
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.
f. The most serious offense in the criminal complaint is a misdemeanor.
g. After a plea negotiation and signed stipulation, the felony offenses were reduced to misdemeanors.
3. Close Supervision Level and Contact Requirements: The pretrial services officer shall maintain one (1) face-to-face contact and one (1) collateral contact 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 a 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.
f. The offender was placed on ROR or unsecured bond.
g. After a plea negotiation and signed stipulation, the felony offenses were reduced to misdemeanors or the defendant was referred to the ARD Program.
Administrative Supervision Level-Contact Requirements: There shall be four (4) levels of classification established for administrative cases. 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 department shall adopt the following administrative classificational levels:
1. Administrative Intensive Supervision Level and Contact Requirements: The pretrial services officer shall maintain four (4) personal contacts and two (2) collateral contacts monthly with the offender. Various reasons may exist for this classificational level, which may include, but are not limited to the following:
a. See this policy statement for intensive supervision level and contact requirements.
b. The defendant resides outside Carbon County, is incarcerated or has been admitted to an inpatient treatment facility.
c. Officer impressions of the offender based on prior contacts, experience, training or professionalism.
2. Administrative Maximum Supervision Level and Contact Requirements: The pretrial services officer shall maintain two (2) personal contacts and two (2) collateral contacts monthly with the offender. Various reasons may exist for this classificational level, which may include, but are not limited to the following:
a. See this policy statement for maximum supervision level and contact requirements.
b. The defendant resides outside Carbon County, is incarcerated or has been admitted to an inpatient treatment facility.
c. Officer impressions of the offender based on prior contacts, experience, training or professionalism.
3. Administrative Close: The pretrial services officer shall maintain one (1) personal contact and one (1) collateral contact monthly with the offender. Various reasons may exist for this classificational level, which may include, but are not limited to the following:
a. See this policy statement for close supervision level and contact requirements.
b. The defendant resides outside Carbon County, is incarcerated or has been admitted to an inpatient treatment facility.
c. Officer impressions of the offender based on prior contacts, experience, training or professionalism.
Administrative Jail: The pretrial services officer shall maintain contact with the institution housing the defendant and verify a minimum release date.
Administrative Reporting Schedules: When an offender resides outside the jurisdiction of the department and is not being supervised by another department, then the following types of administrative reporting schedules shall be acceptable:
1. Mail-in Reporting: An offender placed on this reporting schedule shall maintain contact with the assigned officer in accordance with departmental requirements. The assigned officer shall provide the offender with a sufficient amount of mail-in forms upon placement on this type of reporting schedule.
2. Phone-in reporting: An offender placed on this reporting schedule shall maintain contact with the assigned officer in accordance with departmental requirements.
Offender Contact Requirements
Documentation of Contacts: The assigned officer shall document all personal and collateral contacts in the offender's case record.
Office Contacts: The department recognizes 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 since an after-hours work schedule is available for officers to contact offenders.
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.
Initial Field Contact: The initial contact with the offender shall take place at the offender's residence within ten (10) scheduled field days from 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.
Portable Breath Testers, Urine Collection and Drug Testing Procedure
Authority to Drug Test: The Carbon County Court of Common Pleas has established, as a general condition of bail, that it shall be a violation of supervision to possess/control/consume/sell narcotics, dangerous drugs or other controlled substances without a valid prescription. Therefore, drug testing of offenders should be unannounced, unless otherwise Court ordered, or depending on individual needs as determined by the assigned officer. Scheduled urine screens with the Carbon-Monroe-Pike Commission are permissible under this policy statement.
Assessment and Screening
Assessment and Initial Interview: During the initial intake phase, the officer shall interview the offender and gather information concerning the offender's present and past history of substance abuse. The officer shall also consider the following when assessing an offender's substance abuse history:
1. Risk/Needs Assessment
2. Bail Information Sheet or Bail Report
3. Presentence Investigation
4. Prior criminal history record
5. Police reports
Referral Process: During the assessment and screening phase, the assigned officer shall identify whether the offender has a substance abuse problem. A treatment plan shall be developed and the offender referred to the Carbon-Monroe-Pike Drug/Alcohol Commission for either urine screening or counseling, if court ordered.
Portable Breath Testers
Breathalyzers: Offenders suspected of alcohol consumption in violation of their conditions of release shall be tested using any of the following methods:
1. Use of the agency breathalyzer.
2. Collection of a urine sample to be tested by a laboratory.
Offender Urine Collection & Testing Requirements
Collection of the Urine Sample: In order to ensure that the sample has not been adulterated, the officer must observe the offender purge into the collection container. Furthermore, if collecting the sample at the offender's residence, the officer should conduct a thorough search of the collection area prior to securing the sample.
Drug-Free Urine Samples: An officer who observes an offender attempting to use drug-free urine for the purpose of evading or causing deceitful results in a test for the presence of drugs shall confiscate all items and refer the matter to appropriate law enforcement officials for criminal prosecution (See 18 Pa.C.S.A. § 7509).
Minimum Urine Collection Guidelines
When it is determined that the offender has a substance abuse problem or the instant offense is drug-related, then the following minimum urine collection guidelines shall apply to all offenders placed under the supervision of the department:
1. Intensive Supervision: Offenders placed on this level of supervision shall have a minimum of four urine samples collected monthly.
2. Maximum Supervision: Offenders placed on this level of supervision shall have a minimum of two samples collected monthly.
3. Close Supervision: Offenders placed on this level of supervision shall have a minimum of one sample collected monthly.
Administrative Cases: Although this section of the policy statement is not compulsory, the department recognizes that offenders placed on this level of supervision and reside outside the jurisdiction of the department are difficult to contact. Therefore, when court ordered, the officer shall attempt to coordinate with a facility in the offender's jurisdiction to collect and tests urine samples.
Random Urine Collection: Offenders not suspected of substance abuse or are unfamiliar to the department or officer shall be subject to random urine screens, which means that the officer shall secure one sample every three months.
Response to Positive Urine Screens
Discussion: Offenders under the supervision of the department must be held accountable when they test positive for illegal substances or alcohol. If offenders can violate the rules and regulations of release and fail to observe other requirements of supervision without any consequences, then none of the goals of community supervision, such as public protection, treatment and punishment can be achieved.
Positive Urine Screen: When an offender tests positive for an illegal substance, the officer shall consider the following sanctions:
1. Issue a written violation and complete an offender admission report.
2. Refer the offender for drug/alcohol treatment.
3. Increase the frequency of the offender urine schedule.
4. File a petition to revoke supervision.
Termination from Urine Screens: When an offender has successfully completed drug/alcohol treatment, then the offender may be terminated from a urine screen schedule. Further collection of random urine samples shall be at the discretion of the officer.
Other Violation Process
Failure To Report After Placement in Program: An offender, so ordered by the court, to report to the Carbon County Adult Probation/Parole Office for participation in the Pretrial Services Program and fails to do so, shall be subject to the following procedure:
1. The Pretrial Services Officer shall send certified and regular mailings to the offender's last known address scheduling an intake appointment,
2. Failure by the defendant to report for the intake appointment shall result in the issuance of a warrant for the offender's arrest and the filing of a Petition to Revoke Bail.
Investigation of Technical Violations: The assigned officer shall investigate all technical violations of the prescribed conditions of supervision within five working days. All witnesses, victims, police officers or interested parties involved with the alleged violations shall be contacted and interviewed by the officer. All relevant documentation shall be obtained and recorded in the offender's case record. Written violations reports shall be signed by the offender within ten working days after initial contact with the offender and submitted to the Chief Adult Probation/Parole Officer for review and approval.
Investigation of New Criminal Offense Violation: When an offender is arrested for new criminal charges, the assigned officer shall obtain the criminal complaint and affidavit of probable cause from the arresting agency. Typically, a bail revocation hearing shall be scheduled after a Primia Facia case has been established by the Minor Judiciary.
Levels of Review: The department, the Court or issuing authority shall prescribe the levels of review and decision making process for violations of the conditions of release as follows:
1. First Level: At this level, when infrequent or isolated minor violations of supervision occur, then the following initial violation process shall be utilized:
a. Verbal Reprimand: The assigned field officer can resolve infrequent or isolated minor violations of supervision with direct consultation with the offender. All verbal reprimands shall be documented in the offender case record.
2. Second Level: At this level, when continued minor violations of supervision occur or a major violation occurs, then the following violation process shall be utilized:
a. Written Reprimand: The assigned field officer can resolve repeated minor violations or a major violation of supervision with direct consultation with the offender through a written violation report. All violation reports shall be placed in the offender case record, a copy provided to the offender and the original submitted to the Chief for review.
3. Third Level: At this level, when frequent and repeated minor violations or major violations of supervision occur, then the following violation process shall be utilized:
a. Administrative Conference: Frequent and repeated minor or major violations of supervision shall result with direct consultation with the Chief Adult Probation/Parole Officer, the assigned officer and the offender. The original administrative conference report shall be retained in the offender's case record with a copy furnished to the offender.
4. Fourth Level: At this level, when frequent and repeated minor or major violations of supervision occurs, and the offender's has not conformed to the conditions of release and has not made an adequate adjustment in the community, then the following violation process shall be utilized:
a. Arrest Warrant: Repeated violations of supervision for minor or major violations will result in the issuance of an arrest warrant pursuant to this policy statement.
b. Revocation Petition: Repeated violations of supervision for minor or major violations will result in the filing of a revocation petition with the Clerk of Courts Office or notification with the appropriate Magisterial District.
Progression of Review: Generally, progressive levels of review shall not be required in situations where the offender's actions or violations of supervision pose a serious threat to himself, property, others or the community.
Minor Violations of Supervision: The following is a list of minor violations of supervision:
1. Failure to report to the assigned pretrial services officer as directed.
2. Change of residence without knowledge of the pretrial services officer.
3. New arrest for a summary offense.
4. Leaving the Commonwealth of Pennsylvania.
5. Failure to report to a treatment agency for counseling or urine testing.
6. Any other violation, which does not pose a serious threat to the offender, property, others or the community.
Major Violations of Supervision: The following is a list of major violations of supervision:
1. New arrest for Misdemeanor or Felony offenses.
2. Possession of controlled substances or drug paraphernalia.
3. Positive urine screen.
4. Failure to appear for court scheduled hearing.
5. Alcohol possession or consumption, when applicable.
6. Intimidation or retaliation against witnesses or victims.
7. Any other violation, which poses a serious threat to the offender, property, others or the community.
8. Violation of any specific condition imposed on the offender by the court or issuing authority.
9. Relocating from the approved residence and the offender is considered an absconder.
10. Repeated minor and major violations.
11. Failure to permit officer access to residence
12. Possession of weapons, if applicable.
Officer Recommendations: Officers completing and presenting written violation reports to the Chief Adult Probation/Parole Officer shall include appropriate recommendations for corrective action or case disposition.
Annual Review: The Court and the department shall conduct an annual assessment of all categorized violations of supervision.
Investigation of Detected Program Violations
The assigned officer or on-call officer shall investigate all violations of the pretrial services program immediately after detection. All relevant information and documentation concerning violations shall be obtained with all persons involved being interviewed, if applicable. Upon determination of the specific violation, the officer shall follow the violation process as described in this policy statement.
Investigation of Program Violations (After Normal Business Hours)
Response to program violations after normal business hours shall occur as follows:
1. On-Call Schedule: The Chief Adult Probation/Parole Officer shall prepare and post an on-call schedule. All Adult Probation/Parole Officers will be scheduled and rotated on a weekly basis and shall be responsible for the following:
a. The on-call officer must wear the digitized pager at all times. Failure to respond to a page will result in appropriate disciplinary action.
b. The on-call officer will be responsible for the pager. If the pager is damaged or lost, the cost of the pager may be assessed to the officer if negligence is determined.
c. Modifications to the on-call schedule are permitted. Prior arrangements shall be made with the Chief to ensure proper coverage.
2. Home Electronic Monitoring Violations: In the event that an electronic monitoring violation occurs, the following procedures shall be utilized:
a. The central monitoring station has been provided a procedure to notify the Carbon County Communications Center for program violations.
b. The Carbon County Communications Center shall be provided all officer pager numbers and personal telephone numbers.
c. An intermediate punishment program manual will be provided to all officers as a reference guide. All telephone numbers will be available within the manual.
d. When the pretrial services on-call officer is notified of a program violation, the officer shall respond to the page immediately. If the violation is for home electronic monitoring, the officer shall contact the central monitoring station to determine the nature of the violation. If the monitoring center cannot correct the problem, then the officer shall contact the offender to resolve the problem. If the problem cannot be rectified over the telephone, then, the on-call officer must respond to the residence to investigate the violation. However, before conducting the field investigation, the officer shall contact the back-up on-call officer for authorization and then contact the general supervision on-call officer for possible assistance. The pretrial services on-call officer shall not conduct a field investigation alone and without proper authorization from a supervisor.
Supervisor Unavailable After Hours: When the primary on-call officer receives an after-hours page concerning a program violation and the secondary on-call officer or other supervisor cannot be contacted, then the primary on-call officer shall rely on experience, judgment and this policy statement when conducting a field investigation or detaining an offender. Authorization shall be implied under these circumstances.
Violations at Minor Judiciary Level: If an offender placed under pretrial services violates any conditions of the program, and the defendant has not had a preliminary hearing, then the officer shall notify the appropriate magistrate and inform the court of the nature of the violations.
Search and Seizure
Authority to Conduct Search and Seizure: As a standard condition of the pretrial services program, all adult probation/parole officers are in a supervisory relationship with their offenders. The purpose of this supervision is to assist the offenders in their rehabilitation and to protect the community. Therefore, pretrial offenders shall be subject to searches of their property, person or vehicle at the request of the officer.
Reasonable Suspicion Standard: An adult probation/parole officer may conduct a search if there is reasonable suspicion to believe that the offender possesses contraband or other evidence of violations of the conditions of supervision. The following factors, where applicable, may be taken into account:
1. The observations of the officer.
2. Information provided by others.
3. The activities of the offender.
4. Information provided by the offender.
5. The experience of the officers with the offender.
6. The experience of the officers in similar circumstances.
7. The prior criminal and supervisory history of the offender.
8. The need to verify compliance with the conditions of supervision.
Other Circumstances for Search: An officer may conduct a search under the following circumstances:
1. When an offender is transported or taken into custody;
2. A property search may be conducted by any officer if there is reasonable suspicion to believe that the real or other property in the possession of or under the control of the offender contains contraband or other evidence of violations of the conditions of supervision.
Supervisor Approval: Prior approval from a supervisor to conduct a property search shall be obtained absent exigent circumstances. No prior approval shall be required for a personal search. Exigent circumstances shall include, but not limited to:
1. Officer safety.
2. Strong suspicion that the contraband might be destroyed.
3. The offender may be in possession of a weapon.
4. The property is a vehicle.
5. A supervisor is unavailable for approval.
Written Report: A report of every property search conducted without supervisor approval shall be prepared by the officer and filed in the offender's record. The exigent circumstances shall be stated in the report.
Arrest Process
Authority to Arrest Offenders in a Pretrial Services Program: Pursuant to the requirements of 42 Pennsylvania Rules of Criminal Procedure, Rule 536, the Carbon County Adult Probation/Parole Office is the recognized bail agency for the Common Pleas Court and shall have the authority to arrest offenders in violation of the conditions of bail ((See Administrative Court Order No. 17-2001),
Use of Force Model: See Administrative Court Order 20 -2003.
Factors Determining Arrest of an Offender: The following factors should be considered by the officer when considering to arrest a pretrial service offender:
1. The risk the offender poses to the community.
2. The offender was arrested for a new criminal offense.
3. The offender has continued to use illegal substances.
4. The offender has repeatedly committed minor and/or major violations.
5. The offender has absconded from supervision.
6. The offender has engaged in conduct, which threatened the safety and well being of the community and others.
7. The offender has not followed through on his/her treatment plan.
8. The offender possessed or controlled weapons or firearms.
9. The offender had contact with the victim, witnesses or other family members of the victim.
10. Other factors, in the opinion of the officer, that poses a threat to the community.
Arrest Planning
Planned Field Arrest: Prior to effectuating any arrest, the arrest team shall consult with his/her immediate supervisor and consider the following:
1. The offender's propensity for violence.
2. The offender's criminal history, including the instant offense on supervision.
3. Availability of law enforcement personnel for assistance.
4. Lay-out of dwelling, including number of residents or significant others, whom may be present.
5. Task assignments to officers participating in the arrest.
6. There shall be no less then four officers present for a planned arrest.
Planned Office Arrest: When offenders are arrested in the department, the following shall be considered when making an office arrest:
1. The offender shall be arrested inside the office setting, and not in the hallway.
2. All agency personnel present shall be notified by the assigned officer that the offender is going to be arrested.
3. The Sheriff's Department shall be notified of any arrest, regardless of the availability of deputy sheriff's.
4. Typically, the Sheriff's Department shall transport the offender to prison, however, if Deputy Sheriff's are unavailable, then two adult probation officers shall transport the offender to prison.
5. Conduct a systematic search of the offender prior to leaving the office.
Field Arrest: When offenders are arrested in the field, the following procedure shall be considered:
1. Consult with an immediate supervisor in order to properly plan the arrest.
2. Notify the local police department that an arrest is being made in their jurisdiction and request assistance, if available.
3. See Arrest Planning of the policy statement.
Request for Law Enforcement Assistance: County adult probation/parole officers may lawfully request assistance of local law enforcement personnel other than another adult probation officer, to arrest an offender for technical violations without a warrant or court order {See Commonwealth v Lyons, 555 A.2d 920, 382 Pa.Super 438, 1989 and P.S. § 309.1}. Absence of adult probation officer at time local law enforcement personnel effectuated warrantless arrest for technical violation did not render arrest illegal where arrest was made pursuant to adult probation officer's request {See 16 P.S. § 1216; 61 P.S. § 309.1; 42 Pa.C.S.A. § 8952 and 42 Pa.C.S.A. § 8953}.
Sheriff's Department Jurisdiction: Deputy Sheriff's have express authority to assist adult probation officers in effecting warrantless arrest for violators, even though outside their own jurisdiction {See Commonwealth v Lyons, 555 A.2d 920, 382 Pa.Super 438, 1989 and 61 P.S. § 1216; 61 P.S. § 309.1; 42 Pa.C.S.A. § 8952 and 42 Pa.C.S.A. § 8953}.
Petition to Revoke Bail: When a determination is made that the defendant is no longer amenable to supervision, then a Petition to Revoke Bail shall be completed and filed with the Clerk of Courts Office (See Page 35 of this Policy Statement).
Warrant for Arrest: When a determination is made that the defendant is no longer amenable to supervision and considered a risk to the community, then a warrant for arrest shall be executed (See Page 35 of this Policy Statement).
Detainers: When an offender is incarcerated on unrelated criminal offenses that occurred while on bail supervision, then a detainer may be lodged against the defendant (See Page 36 of this Policy Statement).
Supervisor Approval: All Petitions to Revoke Bail and Warrant for Arrest must be reviewed and approved by a supervisor prior to submission to the court.
Critical Incident Report: See Administrative Court Order 20-2003.
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