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PA Bulletin, Doc. No. 23-843

THE COURTS

Title 255—LOCAL COURT RULES

ADAMS COUNTY

Amendment of Rules of Criminal Procedure 705.1(D); Administrative Order Number 5B of 2022

[53 Pa.B. 3413]
[Saturday, July 1, 2023]

Order of Court

 And Now, this 13th day of June, 2023, after review of Administrative Order 5A of 2022 by the State Procedural Rules Committee, It Is Ordered that Administrative Order 5A of 2022, issued on August 10, 2022, is Hereby Vacated and the following new Order is issued. Rule 705.1(D) of the Adams County Rules of Criminal Procedure shall be amended as to the Sex Offender Rules of Supervision and Computer Use/Internet Capable Device and Internet Access Agreement sections only, as follows:

Rule 705.1. Conditions of Probation, Intermediate Punishment and Parole.

 (D) Conditions:

 Until changed by rule or administrative order, conditions of probation, parole and intermediate punishment are established in accordance with the following forms:

*  *  *  *  *

SEX OFFENDER RULES OF SUPERVISION

 1. You shall obtain a sex offender evaluation from a certified sex offender treatment provider and follow through with [the] all expectations and recommendations resulting therefrom and shall assume all responsibility for the costs of any required program. You shall provide written authorization for release of confidential information between your certified sex offender treatment provider and the Adams County Department of Probation Services.

 2. You shall submit to regular polygraph examinations as directed by the treatment provider. You are responsible for the cost of this service.

 3. If your offense involved a minor, you shall not frequent places where children congregate including but not limited to, [parks,] playgrounds, swimming pools, schools, malls, arcades. You shall not engage in any activity or employment that will bring you in close contact with children [(This rule may be waived by your probation officer for school attendance purposes if you are a juvenile.)] unless you receive permission from your Probation Officer.

 4. If your offense involved a minor, you are not permitted to reside with minor children without permission from the Court; this includes children within your family. You will not have any contact with minor children without permission from your Probation Officer, or a Court Order. If supervised contact is permitted, the individual who provides the supervision must first be approved by your Probation Officer and the treatment provider.

 5. You will not possess pornographic materials of any kind, including photographs, movies, or computer generated images depicting or showing nudity. [You may not possess images of your victim.] You shall not enter adult book stores, adult entertainment clubs, massage parlors or any other establishment, that promote sexual material or objectifies males or females.

 6. You may not possess images of your victim(s) in any format.

 7. You will sign and agree to the conditions of the Sex Offender Internet Capable Device and Internet Access Agreement.

 [6.] 8. For monitoring purposes, you are subject to search of cell phone, camera/video recorder, computer, gaming device and their accessories[that], and any other device capable of internet access. These items may be viewed and/or scanned at any time to detect pornographic or sexually explicit content. You will agree to have a technology monitoring device or program installed on any computer[s] or device you are authorized to possess or to which you have access [to and you will sign and agree to the conditions of Sex Offender Computer Use and Internet Access Agreement] if your certified sex offender treatment provider recommends or if there is a violation of any of these sex offender conditions or the Sex Offender Internet Capable Device and Internet Access Agreement.

 [7.] 9. You will comply with all sex offender registration and statutory requirements if applicable. You must provide fingerprints, palm prints, DNA sample and photograph, pursuant to 42 Pa.C.S.A. 9799.23(a)(4).

 [8.] 10. You shall obtain permission from a Probation Officer before leaving the [County of Adams and you must secure travel permission before leaving the] Commonwealth of PA.

 [9.] 11. You shall not receive mail at any other location than your home residence address without your Probation Officers approval.

 12. You are required to sign ''Release of Information'' forms as directed.

SEX OFFENDER SUPERVISION PROGRAM

[COMPUTER USE] INTERNET CAPABLE DEVICE AND INTERNET ACCESS AGREEMENT

 I understand I am permitted to have access to internet capable devices and internet unless my certified sex offender treatment provider recommends restricting access.

 [In being granted the privilege of using a computer while under Sex Offender Supervision and/or having access to the Internet,] I hereby agree to the following:

 1. I will [provide a written justification for my possession and use of a computer, Internet access, and/or use of any e-mail systems] only use the internet capable devices and/or internet provider approved by my Probation Officer and my certified sex offender treatment provider.

 2. I [agree to the installation of Court-authorized technology on my devices with Internet access to monitor nature and content of materials accessed or viewed, and any examination/search of my computer or electronic devices] will not enter or participate in any social media or chat rooms of any type unless I have been approved to do so by my certified sex offender treatment provider.

 3. I will [only use the computer and/or Internet Service Provider approved by my Probation Officer] not access any site that contains sexually graphic material unless I have been approved to do so by my certified sex offender treatment provider.

 4. I will not [enter or participate in any social media or chat rooms of any type] possess sexually graphic material on any internet capable device or mechanism that can hold such material for visual use unless I have been approved to do so by my certified sex offender treatment provider.

 5. I will not [access any site that contains sexually explicit or pornographic material depicting nudity] use any encryption devices on my internet capable device. I will supply my Probation Officer with any and all passwords and/or e-mail addresses used on my internet capable device.

 6. I [will not possess sexually graphic material on any electronic device or mechanism that can hold such material for visual use] recognize I am responsible for all material and information on my internet capable device regardless if other individuals have access to or use my internet capable device.

 7. I [will not use any encryption devices on my computer] agree to any search of the content of my internet capable device. I will supply my Probation Officer with any and all passwords and/or e-mail addresses used on my computer.

 8. I [recognize I am responsible for all material and information on my computer regardless if other individuals have access to or use my computer] agree to supply documentation of telephone records, credit/debit card records, or invoices relating to the use of my internet capable device and/or internet access.

 9. I [agree to supply documentation of telephone records, credit card records, or invoices relating to the use of my computer and/or Internet access] understand that any non-compliance with this agreement, deception on my part, lack of cooperation or resistance to providing requested information will be grounds for violation proceedings being initiated.

 10. I understand that [any non-compliance with this agreement, deception on my part, lack of cooperation or resistance to providing requested information will be grounds for this privilege being revoked and/or violation proceedings being initiated] if my certified sex offender treatment provider recommends or if there is a violation of this agreement, I am subject to having a technology monitoring device/program installed on any internet capable device I am authorized to possess or to which I have access.

 These rule amendments shall become effective after all the provisions of the Pennsylvania Rules of Criminal Procedure are met, to include the following:

 a. A certified copy of this order shall be submitted to the Criminal Procedural Rules Committee for review in accordance with Pa.R.Crim.P. No. 105(D);

 b. Upon receipt of a statement from the Criminal Procedural Rules Committee that the local rules is not inconsistent with any general rule of the Supreme Court, two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format, containing the text of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 c. One (1) certified copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts for distribution in accordance with the provisions of Pa.R.Crim.P. No. 105(F)(1);

 d. A copy of the local rule shall be published on the Unified Judicial System's website;

 e. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts and the Adams County Law Library for inspection and copying;

 f. The effective date of the local rule shall be 30 days after publication in the Pennsylvania Bulletin;

 g. Upon the effective date of the local rule, these conditions shall be applicable to any person sentenced, adjudicated, resentenced, or paroled on or after that date.

 h. Upon the effective date of the local rule, the Sex Offender Rules of Supervision and the Sex Offender Supervision Program Computer Use and Internet Access Agreement as described previously in Administrative Order 17 of 2015 shall be applicable only to those persons sentenced, resentenced, or paroled prior to the effective date of the local rule described herein.

 i. In order to avoid a long-term, bifurcated approach to the Rules of Probation, the Department of Probation Services shall also execute the appropriate updated form(s) with all existing persons subject to sex offender conditions of probation or parole in any form established prior to the effective date of the local rule. Due to the number of persons involved, the Department of Probation Services will have two months from the effective date of the local rule to complete this provision. After two months from the effective date of the local rule, the Sex Offender Rules of Supervision and the Sex Offender Supervision Program Computer Use and Internet Access Agreement as described in Administrative Order 17 of 2015 shall be vacated.

 j. In the event a person subject to the Rules of Probation as described in Administrative Order 17 of 2015 has not signed the updated conditions described herein before the time that said conditions described in Administrative Order 17 of 2015 is to be vacated, regardless of the reason, the Department of Probation Services will initiate revocation proceedings prior to said conditions within Administrative Order 17 of 2015 being vacated. If the person is subject to a bench warrant at the time this rule becomes effective, the Department of  
  Probation Services shall, prior to said conditions within Administrative Order 17 of 2015 being vacated, submit an Amended Violation Report to indicate that the person has not followed the directive of the Department of Probation Services to sign the updated form(s). If, for some reason, the Department of Probation Services had not initiated revocation proceedings in conjunction with the issuing of the bench warrant, the Department of Probation Services shall initiate revocation proceedings due to the failure of the person to sign the updated conditions.

By the Court

MICHAEL A. GEORGE, 
President Judge

[Pa.B. Doc. No. 23-843. Filed for public inspection June 30, 2023, 9:00 a.m.]


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