IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

IN RE: APPOINTMENT OF :

MASTER IN DIVORCE : NO. 04-0030

FOR 2004 :

ADMINISTRATIVE ORDER NO. 1-2004

AND NOW, this 6th day of January, 2004, in order to implement the Local Rules of Court relating to actions for divorce, it is hereby

ORDERED and DECREED that SAMUEL F. FELDMAN, Esquire be and is hereby APPOINTED MASTER for divorce proceedings effective January 1, 2004 until December 31, 2004. The Master shall be compensated at the rate of FIFTY DOLLARS ($50.00) per hour for each Master Hearing actually conducted.

BY THE COURT:

______________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

IN RE: APPOINTMENT OF :

MENTAL HEALTH : NO. 04-0030

REVIEW OFFICERS :

FOR 2004 :

ADMINISTRATIVE ORDER 2-2004

AND NOW, this 6th day of January, 2004, in order to implement the Local Rules of Court relating to actions for mental health and mental retardation, it is hereby

ORDERED and DECREED that WILLIAM B. QUINN, Esquire and MARIANNE S. LAVELLE, Esquire be and are hereby APPOINTED MENTAL HEALTH REVIEW OFFICERS effective January 1, 2004 until December 31, 2004 for Mental Health and Mental Retardation proceedings for Carbon County residents and for such proceedings held in Carbon County for non-residents of Carbon County. The appointments shall alternate every two (2) months as follows:

January & February: William B. Quinn, Esquire

March & April: Marianne S. Lavelle, Esquire

May & June: William B. Quinn, Esquire

July & August: Marianne S. Lavelle, Esquire

September & October: William B. Quinn, Esquire

November & December: Marianne S. Lavelle, Esquire

BY THE COURT:

______________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

IN RE: APPOINTMENT OF :

CUSTODY COUNSELOR : NO. 04-0030

ADMINISTRATIVE ORDER 3-2004

AND NOW, this 6^th day of January, 2004, in order to implement the Local Rules of Court relating to actions for child custody and visitation, it is hereby

ORDERED and DECREED that SAMUEL F. FELDMAN, Esquire be and are hereby APPOINTED CUSTODY COUNSELOR for visitation and custody proceedings effective January 1, 2004 until December 31, 2004. The Custody Counselor shall be compensated at the rate of FIFTY DOLLARS ($50.00) for each Preliminary Conference actually conducted and FIFTY DOLLARS ($50.00) per hour for each Final Hearing actually conducted.

BY THE COURT:

__________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION

IN RE: APPOINTMENT OF :

EDUCATION PROGRAM :

FOR DIVIDED FAMILIES :

COUNSELOR : NO. 04-0030

ADMINISTRATIVE ORDER 4-2004

AND NOW, this 6^th day of January, 2004, in order to implement the Local Rules of Court relating to the impact of divorce on parents and children, it is hereby

ORDERED and DECREED that Kathryn M. James be and are hereby APPOINTED COUNSELOR for the Education Program for Divided Families effective January 1, 2004 until December 31, 2004. The Custody Counselor shall be compensated at the rate of THIRTY-FIVE DOLLARS ($35.00) by the Plaintiff and THIRTY-FIVE DOLLARS ($35.00) by the Defendant for each Education Program for Divided Families seminar conducted.

BY THE COURT:

______________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

IN RE: APPOINTMENT OF :

: NO. 04-0030

BOARD OF VIEWERS :

ADMINISTRATIVE ORDER NO. 5-2004

AND NOW, this 6^th day of January, 2004, by the authority vested in this Court under the provisions of the Eminent Domain Code of 1964, 26 P. S. '1-801, it is hereby

ORDERED and DECREED that the following shall be the members of the CARBON COUNTY BOARD OF VIEWERS, to serve for a term of ONE (1) YEAR, effective January 1, 2004 to December 31, 2004:

MARIANNE S. LAVELLE, ESQUIRE

415 Mahoning Street

Lehighton, PA 18235

ANTHONY ROBERTI, ESQUIRE

56 Broadway

Jim Thorpe, PA 18229

STEVEN J. HARTZ, ESQUIRE

P.O. Box 22

Palmerton, PA 18071

GERALD F. STRUBINGER, JR., ESQUIRE

505 Delaware Avenue

Palmerton, PA 18071

EUGENE S. DURIGAN

157 South First Street

Lehighton, PA 18235

VINCENT F. GILOTTI

735 Overlook Road

Lehighton, PA 18235

RENE J. FOUGERAY, JR.

Rt. 443, 583 Blakeslee Blvd. Dr. East

Lehighton, PA 18235

EVA M. DUGAN

5660 Interchange Road

Lehighton, PA 18235

JAMES A. CHRISTMAN

362 Delaware Avenue

Palmerton, PA 18071

IT IS FURTHER ORDERED and DECREED that this Court Order SUPERSEDES all existing Appointment Orders for the Board of Viewers.

BY THE COURT:

_________________________

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: SUMMONING OF JURORS :

: No. 12 MI 04

FOR CARBON COUNTY :

JURY SELECTION :

ADMINISTRATIVE ORDER NO. 6-2004

AND NOW, this 18th day of February, 2004, pursuant to 42 Pa.C.S.A. 4531, it is hereby

ORDERED and DECREED, that the Jury Selection Commission SHALL SELECT at random from the Master List of prospective jurors two hundred (200) names for the Term of Court on April 26, 2004 with the exact number of jurors reporting to be determined by the Court prior to the beginning of trials.

BY THE COURT:

P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: INTERMEDIATE PUNISHMENT PLAN : NO. 057 MI 93

ADMINISTRATIVE ORDER 7 - 2004

AND NOW, this 25th day of February, 2004, in order to modify policy and procedure for the Carbon County Intermediate Punishment Plan, it is hereby

ORDERED and DECREED that, effective thirty days after publication in the Pennsylvania Bulletin, the Court hereby REVISES its Intermediate Punishment Plan that is attached hereto.

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, P.J.

POLICY MODIFICATION PROCEDURE FOR CARBON COUNTY INTERMEDIATE PUNISHMENT PLAN

Purpose

To establish policy and procedure governing the administration of Carbon County's Intermediate Punishment Programs of Intensive Supervision Services, House Arrest/Home Electronic Monitoring and Residential Inpatient Treatment; and to establish a process whereby the intermediate punishment officer and/or presentence investigator can recommend innovative sentencing alternatives to the court that may permit a better balance between the dual needs of community protection and the welfare of the defendant.

Applicability

To the Carbon County Court of Common Pleas, Carbon County’s Criminal Justice Advisory Board, all adult probation staff and all offenders under the jurisdiction of the department.

Definitions

As utilized in this document, the following definitions shall apply:

1. Collateral Contact: Communication with another person having regular contact with the offender, such as law enforcement personnel or treatment specialists.

2. Criminal Justice Advisory Board: A collective body of County officials that is responsible for the oversight of the County's Intermediate Punishment Plan and Programs.

3. Home: The actual living area of the temporary or permanent residence of an offender, which will only include "inside the confines" of the established home or apartment.

4. Home Electronic Monitoring Program: A sentence in which the offender is required to wear or carry an electronic device which transmits the offender's location to a receiver maintained by criminal justice personnel.

5. House Arrest Program: A sentence which orders offenders confined to their own residence except for preapproved excursions for medical treatment, employment, performance of community service work, drug/alcohol treatment or counseling and religious functions. House arrest may be combined with electronic monitoring to detect violations.

6. Ignition Interlock System: A system approved by the Department of Transportation which prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level less than .025%.

7. Intensive Supervision Services: A sentence with increased supervision, surveillance and control; reduced caseloads for probation officers; increased number of contacts per month; and mandated activities for the offender, including work or vocational training, community service work or drug/alcohol treatment.

8. Intermediate Punishment Investigation: An investigation completed by the intermediate punishment officer, which is provided to the court, that recommends whether an offender is eligible for participation in an intermediate punishment program.

9. Intermediate Punishment Plan: A document, which describes a proposed intermediate punishment program.

10. Intermediate Punishment Programs: A punishment option that is considered on a continuum to fall between traditional probation and traditional incarceration.

11. Presentence Investigation: A concise document provided to the sentencing court that includes socioeconomic data, prior criminal record, demographic data and other background information on the defendant.

12. Residential Rehabilitative Center: A community-based facility to which offenders can be sentenced directly where a range of rehabilitative services is available, including drug and alcohol treatment and counseling.

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 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 “innovative sentencing” or “alternatives to incarceration” for low-risk, non-violent offenders is essential as a legitimate sentencing option available to the court. Offenders that demonstrate “special needs” or exhibit “low-risk, non-violent” tendencies shall be considered for diversion from exposure to confinement and placement in an intermediate punishment program. This approach will permit offenders to remain in the community to support themselves and their legal dependents. Certain restrictions shall be placed on the defendant that will ensure a better balance between the punishment and rehabilitation of the offender, which approach will not compromise the safety and the security of the community.

Criminal Justice Advisory Board

In accordance with 42 Pa.C.S.A. § 9802, the Criminal Justice Advisory Board shall oversee the functions of the County’s Intermediate Punishment Board. The Criminal Justice Advisory Board meets monthly and shall periodically assess available county-wide correctional services and future needs; shall work with the county office of probation and parole in developing the Intermediate Punishment Plan; shall adopt a county intermediate punishment plan, including program policies for administration; shall monitor the effectiveness of county correctional services and shall identify needed modifications.

Primary Goals and Objectives

The County's Intermediate Punishment Programs shall embrace the primary purposes for the development of Intermediate Punishment Programs established by the Pennsylvania Commission on Crime and Delinquency, which are as follows:

1. To protect society and promote efficiency and economy in the delivery of corrections services.

2. To promote accountability of offenders to the community.

3. To fill gaps in local correctional systems and address local needs through expansion of punishment and services available to the Court, and,

4. To provide opportunities for offenders who demonstrate special needs to receive services, which enhance their ability to become contributing members of the community.

Secondary Goals and Objectives

Secondary objectives established and adopted by the Carbon County Criminal Justice Advisory Board, the Carbon County Court of Common Pleas and the Carbon County Adult Probation/Parole Department are as follows:

1. To divert low risk, non‑violent and special need offenders from exposure to incarceration and to provide a degree of punishment to an offender, which is less severe than incarceration, yet more punitive than existing probation.

2. To establish viable sentencing alternatives for the Court.

3. To reduce the incidence of criminal behavior through increased surveillance and to promote a more structured environment conducive to fostering improved work habits, family life and treatment of social or behavioral problems.

4. To provide counseling, education and treatment for targeted offenders.

Minimum Guidelines for Intermediate Punishment Programs

The Pennsylvania Commission on Crime and Delinquency has adopted the following minimum guidelines. These guidelines shall be incorporated into the County's Intermediate Punishment Programs as follows:

1. Intensive Supervision Services: The Carbon County Criminal Justice Advisory Board shall approve and implement written policies and procedures for the Intensive Supervision Services Program (See 37 Pa. Code § 451.119). This program shall include the following elements:

a. A drug testing capability for appropriate offenders.

b. A monitoring component, which defines the frequency and method of face-to-face and collateral contacts to ensure offender's compliance with the conditions of the program.

c. Limitation of caseloads of program supervising officers consistent with the supervisory component as described in this policy statement.

d. A minimum requirement that eight (8) to twelve (12) face-to-face and four (4) to six (6) collateral contacts be made by the supervising officer each month.

e. A requirement that face-to-face and telephone contacts with offenders be made at all hours, seven (7) days per week.

f. A requirement that there be additional qualifications for participating offenders, such as work or vocational training, community service, drug treatment, and, in appropriate cases, a curfew.

g. Policy and procedure for responding to major and minor violations of the program.

2. House Arrest Program: The Carbon County Criminal Justice Advisory Board shall approve and implement written policies and procedures for the House Arrest Program (See 37 Pa. Code § 451.117). This program shall include the following elements:

a. A drug testing capability for appropriate offenders.

b. A requirement that offenders be employed or actively seeking employment or enrolled in educational program/vocational training or participating in community service, unless an offender is physically or mentally incapable of performing the same, and have fixed residences.

c. A monitoring component, which defines the frequency of face-to-face and collateral contacts to ensure offender’s compliance with the conditions of the program.

d. Limitation of the caseloads of program supervising officers consistent with the supervisory plan as described in this policy statement.

e. A requirement that a minimum of two (2) face-to-face and three (3) collateral contacts be made by the supervising officers each month.

f. A policy and procedure for responding to major and minor violations of program conditions.

g. If utilized in conjunction with the home electronic monitoring program, the minimum standards relating to home electronic monitoring shall be met.

h. A program for eligible DUI offenders shall be combined with an electronic monitoring program in accordance with the statutory requirements relating to sentencing restrictions.

3. Home Electronic Monitoring: The Carbon County Criminal Justice Advisory Board shall approve and implement written policies and procedures for the Home Electronic Monitoring program (See 37 Pa. Code § 451.114). This program shall include the following elements:

a. A drug testing capability for appropriate offenders.

b. The timely detection of violations.

c. The maintenance of a 24‑hour‑per‑day response to detected violations.

d. A monitoring component to ensure offender's compliance with the conditions of the program.

e. A policy and procedure for responding to major and minor violations of program conditions.

4. Residential Inpatient Drug and Alcohol Program: The Carbon County Criminal Justice Advisory Board shall approve and implement written policies and procedures for the Residential Inpatient Drug and Alcohol Program. The board shall document that the services are provided by a licensee of the Department of Health, Office of Drug and Alcohol Programs (ODAP) for residential inpatient drug and alcohol treatment (See 37 Pa. Code § 451.121). This program shall include the following elements:

a. A drug testing capability.

b. Establishment of services based on an assessment of the offender's needs and available community resources.

c. Establishment of aftercare and follow-up services involving sustained and frequent interaction with recovering individuals who have progressed from the intensive or primary phase of treatment.

d. Efforts to recruit, screen and select service providers.

e. Guidelines to monitor the purchase of services for offenders.

f. A monitoring component to ensure the offender's compliance with the conditions of the residential inpatient drug and alcohol program.

g. Policy and procedure for responding to major and minor violations of residential inpatient drug and alcohol program conditions.

Method of Supervision

Generally, an offender sentenced to an intermediate punishment sanction shall be supervised in the community. However, office contacts will be permitted, but should not be relied upon by the officer. Supervision of program participants shall occur as follows:

1. Intensive Supervision Program: Offenders placed in this program will be supervised in the community setting by the assigned officer as follows:

a. Community Supervision: The officer shall maintain two (2) face-to-face contacts with the offender on a weekly basis. Office contacts can be utilized for personal contacts, however, office contacts are discouraged and should not be relied upon by the officer.

b. Collateral Contacts: The officer shall maintain a minimum of one (1) collateral contact per week with an individual who has direct contact with the offender on a regular basis. One (1) collateral contact per month must be with a law enforcement official.

c. Urine Screens: The officer shall refer all offenders to the Carbon-Monroe-Pike Drug/Alcohol Commission for urine testing; however, it is recommended that random urine samples be secured to enhance the drug testing component of this sanction.

2. House Arrest/Home Electronic Monitoring: Offenders placed in this program will be supervised in the community setting by the assigned officer as follows:

a. Community Supervision: The officer shall maintain one (1) face-to-face contact with the offender on a weekly basis. Office contacts can be utilized for personal contacts; however, office contacts are discouraged and should not be relied upon by the officer.

b. Collateral Contacts: The officer shall maintain a minimum of three (3) collateral contacts per month with an individual who has direct contact with the offender on a regular basis. One (1) collateral contact must be with a law enforcement official.

c. Urine Screens: The officer shall refer all offenders to the Carbon-Monroe-Pike Drug and Alcohol Commission for urine testing; however, it is recommended that random urine samples be secured to enhance the drug testing component of this sanction.

3. Residential Inpatient Drug and Alcohol Program: Offenders placed in this program will be supervised in the community setting by the assigned officer as follows:

a. Community Supervision: The officer shall maintain contact with the inpatient facility to ensure that the offender is compliant with the requirements of the treatment program. The officer shall maintain one (1) monthly contact with the offender while in the treatment program.

b. Collateral Contacts: The officer shall maintain weekly contact with the treatment counselor.

c. Urine Screens: The offender shall undergo random urinalysis testing as per the requirements of the inpatient treatment facility.

d. Referral Process: Offenders selected for the residential inpatient treatment program shall be referred to the Carbon-Monroe-Pike Drug/Alcohol Commission in order to locate a suitable facility accredited by the Office of Drug and Alcohol Programs. An assessment shall be conducted on the offender to determine his/her level of care.

e. Credit for Time Served: Offenders, who successfully complete inpatient treatment, may receive credit towards mandatory minimum provisions of the Drunk Driving Law or other total or partial confinement sentences.

f. Probation, Parole or Intermediate Punishment Violators: These violators will be considered for an early discharge from their recommitment sentence, to a residential inpatient treatment program, when the violations are for drug and/or alcohol technical violations.

g. Treatment Documentation: The assigned officer shall execute a release of information form to secure all treatment documentation on the offender's progress while in the program.

h. After-Care/Follow-up Recommendations: The offender will be required to follow all after-care recommendations made by the treatment facility.

Intermediate Punishment Requirements

An order for an intermediate punishment program for an offender may be continuous or intermittent. The participant will be required to remain within the confines of his/her residence, except when the offender is participating in any of the following:

1. Working at acceptable employment approved by the Court or the Adult Probation/Parole Department or traveling to and from approved employment.

2. Unemployed and actively seeking employment.

3. Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved by the Court or the Adult Probation/Parole Department.

4. Attending a vocational or educational program approved by the Court or the Adult Probation/Parole Department.

5. Attending a regularly scheduled religious service at a place of worship.

6. Participating in a community work release or community service program.

7. Sentenced to the intensive supervision program without a curfew restriction.

8. Engaging in other activities specifically approved by the Court or the Adult Probation/Parole Department.

Sentence of Intermediate Punishment

In imposing a sentence of intermediate punishment, the court shall specify at the time of sentencing the length of the term for which the defendant is to be in an intermediate punishment program or a combination of intermediate punishment programs. The term may not exceed the maximum term for which the defendant could be confined and the program to which the defendant is sentenced. The court may order a defendant to serve a portion of the sentence under 42 Pa.C.S.A. § 9755 (relating to partial confinement) or total confinement pursuant to 42 Pa.C.S.A. § 9756 (relating to total confinement) and to serve a portion in an intermediate punishment program or a combination of intermediate punishment programs pursuant to 42 Pa.C.S.A. § 9763 (sentence of intermediate punishment).

Eligible Offenders

Pursuant to 42 Pa.C.S.A. § 9802 (relating to intermediate punishment) for purposes of sentencing, an eligible offender shall be defined as follows:

1. A person convicted of an offense who would have otherwise been sentenced to a county correctional facility to a period of partial confinement pursuant to 42 Pa.C.S.A. § 9724 (relating to partial confinement) or total confinement pursuant to 42 Pa.C.S.A. § 9725 (relating to total confinement).

2. An offender who does not demonstrate a present or past history of violent or assaultive behavior.

Eligible DUI Offender

Any person convicted under 75 Pa.C.S.A. § 3802 (relating to driving under the influence of alcohol or controlled substance) and receiving a penalty imposed pursuant 75 Pa.C.S.A. § 3804 (relating to penalties) may only be sentenced to an intermediate punishment program in:

1. A residential inpatient treatment program or a residential rehabilitative center.

2. A house arrest program coupled with a home electronic monitoring program combined with drug and alcohol treatment.

Ineligible Offenders

Pennsylvania law states that any person convicted of certain targeted offenses shall be ineligible under a sentence of intermediate punishment (See 42 Pa.C.S.A. § 9802).

Ineligible DUI Offenders

Unless otherwise court ordered, the following DUI offenders are declared ineligible for participation in Carbon County’s home electronic monitoring program pursuant to 75 Pa.C.S. § 3804 (relating to penalties):

1. An offender with a BAC of .08% to .099%, second and third offense.

2. An offender with a BAC of .10% to .159% (High Rate of Alcohol), first offense.

3. An offender with a BAC of .16% or higher (Highest Rate of Alcohol), first and third offense.

4. All fourth time offenders, regardless of the BAC.

Miscellaneous Eligibility Criteria

In addition to statutory eligibility requirements and the requirements of this policy statement, any offender who meets any of the following additional criteria shall not be recommended for participation under an order of intermediate punishment:

1. An offender who exhibits a present or past history of violent or assaultive conduct.

2. An offender who is being held under a detainer, warrant or process issued by this Court or a Court of another jurisdiction.

3. An offender who has been revoked from a period of supervision on two (2) or more separate occasions.

4. An offender who has an extensive criminal or driving record.

5. An offender who resides in the Commonwealth, but outside the geographical boundaries of Carbon County, unless the resident jurisdiction has a comparable intermediate punishment program.

6. No serious bodily injury or death resulted from the incident and/or the victim suffered serious psychological harm as a result of the offender's actions.

7. An offender who has a history of prison escape.

8. An offender who has a history of chronic mental health or psychotic behavior, which would interfere with the operation of the program.

9. An offender who does not have a telephone in the residence.

10. An offender who does not desire to participate in these programs.

11. An offender who has been afforded home electronic monitoring in the past.

12. An offender convicted of Driving Under Suspension pursuant to 75 Pa.C.S.A. § 1543 (b).

13. An offender who did not possess a valid driver’s license at the time of the arrest.

14. An offender convicted of Habitual Offenders pursuant to 75 Pa.C.S.A. § 6503.1.

15. An offender convicted of Fleeing or Attempting to Elude Police Officer pursuant to 75 Pa.C.S.A. § 3733.

16. An offender convicted of Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock pursuant to 75 Pa.C.S.A. § 3808

17. An offender who received an early discharge from the ARD Program and committed his/her DUI offense while in the ARD Program, but did not report the new arrest to his probation officer.

18. An offender who does not make restitution to the victim(s) for out-of-pocket losses that were not covered by an insurance company, prior to acceptance into an intermediate punishment program.

19. An offender who resides outside the Commonwealth of Pennsylvania.

20. The offender, at the time of the offense, did not possess the necessary motor vehicle insurance set forth by the Pennsylvania No‑Fault Motor Vehicle Insurance Act, to cover all property damage and/or personal injuries.

21. An offender who due to “exigent circumstances” or “deemed inappropriate” for inclusion in the program by the investigative officer.

Requirements for Driving Under Influence Offenders

Evaluation Using Court Reporting Network: Pursuant to the requirements of 75 Pa.C.S.A. § 3816 (requirements for driving under influence offenders) any offender convicted of 75 Pa.C.S.A. § 3802 (relating to driving under the influence of alcohol or controlled substance) recommended for participation in an intermediate punishment program shall, prior to sentencing be evaluated using Court Reporting Network (CRN) instruments.

Drug and Alcohol Assessments: Pursuant to the requirements of 75 Pa.C.S.A. § 3814 (drug and alcohol assessments) any offender convicted of 75 Pa.C.S.A. § 3802 (relating to driving under the influence of alcohol or controlled substance) recommended for participation in an intermediate punishment program shall, prior to sentencing be subject to a full assessment for alcohol and drug addiction when,

1. The defendant, within ten years prior to the offense for which sentence is being imposed, has been sentenced for an offense under:

a. 75 Pa.C.S.A. § 3802

b. former section 75 Pa.C.S.A. § 3731

c. an equivalent offense in another jurisdiction

2. Either:

a. The evaluation under paragraph (1) of 75 Pa.C.S.A. § 3814 (drug and alcohol assessments) indicates there is a need for counseling or treatment; or

b. The defendant’s blood alcohol content at the time of the offense was at least .16%.

Failure to Obtain Necessary Evaluations: Any offender who fails to obtain the necessary evaluations, prior to sentencing and placement in an intermediate punishment program, shall be declared ineligible for participation, unless otherwise court ordered.

Target Population

The following population of DUI offenders shall be specifically targeted for inclusion in Carbon County’s Home Electronic Monitoring Program.

High Rate of Alcohol – Second Offense: Pursuant to 75 Pa.C.S.A. § 3804 (relating to penalties) an offender with a BAC of .10% to .159%, second offense shall be eligible for participation in Carbon County’s home electronic monitoring program, provided the offender successfully completes an intermediate punishment investigation as described in this policy statement. If declared eligible, the defendant shall be sentenced as follows:

1. The defendant shall be remanded to prison to serve the mandatory minimum sentence of thirty (30) days, however;

2. The offender shall serve only seven (7) days of incarceration, which period of imprisonment shall be served on consecutive days.

3. After completion of the seven (7) days of imprisonment, the defendant shall serve the remaining twenty-three (23) days on home electronic monitoring.

Highest Rate of Alcohol – Second Offense: Pursuant to 75 Pa.C.S.A. § 3804 (relating to penalties) an offender with a BAC of .16% or higher, second offense shall be eligible for participation in Carbon County’s home electronic monitoring program, provided the offender successfully completes an intermediate punishment investigation an described in this policy statement. If declared eligible, the defendant shall be sentenced as follows:

1. The defendant shall be remanded to prison to serve the mandatory minimum sentence of ninety (90) days, however;

2. The offender shall serve only thirty (30) days of incarceration, which period of imprisonment shall be served on consecutive days.

3. After completion of the thirty (30) days of imprisonment, the defendant shall serve the remaining sixty (60) days on home electronic monitoring.

High Rate of Alcohol- Third Offense: Pursuant to 75 Pa.C.S.A. § 3804 (relating to penalties) an offender with a BAC of .10% to .159%, third offense shall be eligible for participation in Carbon County’s home electronic monitoring program, provided the offender successfully completes an intermediate punishment investigation as described in this policy statement and successfully completes the following additional requirement:

1. The offender successfully completes a residential inpatient treatment program provided by a current licensee of the Department of Health, Office of Drug and Alcohol Programs for outpatient services.

2. Upon a determination of eligibility for participation in the home electronic monitoring program, the defendant shall be sentenced as follows:

3. The defendant shall receive credit for all time spent in a residential inpatient treatment program towards the mandatory minimum sentence of ninety (90) days, unless otherwise court ordered.

4. The defendant shall serve the remaining portion of the mandatory minimum sentence of ninety (90) days on home electronic monitoring.

Residential Inpatient Drug and Alcohol Program

Any offender who is declared eligible for participation in Carbon County’s home electronic monitoring program pursuant to this policy statement (High Rate of Alcohol- Second Offense and Highest Rate of Alcohol- Second Offense) and successfully completes an inpatient treatment program shall have his/her required period of incarceration waived, unless otherwise court ordered. The defendant shall receive credit towards the mandatory minimum sentence for all time spent at an inpatient treatment program with the remaining balance of the mandatory minimum sentence served on home electronic monitoring.

Work Release Privileges

Pursuant to this policy statement, all offenders required to serve a portion of the mandatory minimum sentence incarcerated shall be eligible for participation in the work release program, provided they meet the eligibility requirements of the Carbon County Work Release Program. It is recommended that the intermediate punishment officer and work release director coordinate efforts to ensure that no interruption occurs in the offender’s employment status and to ensure that a smooth transition occurs from incarceration to the home electronic monitoring program.

Service and Completion of Period of Confinement

Upon successfully serving the period of incarceration imposed by the court and without further order of court, the defendant shall be automatically released from prison and immediately report to the Carbon County Adult Probation for installation of the home electronic monitoring equipment.

Prison Infractions

An offender who violates any rules and regulations of the prison while serving his/her prison sentence and is awaiting release to the home electronic monitoring program shall be declared ineligible for participation in an intermediate punishment program. Upon order of court, the defendant shall remain incarcerated to serve the remaining balance of his/her mandatory minimum sentence. However, if the offender violates another rule or regulation after being declared ineligible for participation in the home electronic monitoring program, then the offender will not be released upon reaching his/her minimum sentence and must petition the court for parole consideration.

Screening Process

An offender may be declared eligible upon the recommendation of the Adult Probation/Parole Department upon the successful completion of any of the following or combination thereof:

1. A presentence investigation.

2. An intermediate punishment investigation.

3. Any offender placed in these programs by an Order of Court.

Intermediate Punishment Investigations and Presentence Investigations

During the investigative phase and prior to sentencing, the presentence investigator shall identify prospective participants for possible consideration in an intermediate punishment program. During the preparation of guilty plea reports or a presentence report, the investigator shall refer all plea agreements and sentencing recommendations that suggest a sentence of intermediate punishment to the intermediate punishment officer for investigation. This investigation shall include the following:

1. Completion of an intermediate punishment eligibility application, which application is available at the Carbon County Adult Probation/Parole Office.

2. An interview of the defendant and other occupants of the residence, when applicable.

3. Explanation of program requirements to the offender and all occupants of the residence, when applicable.

4. Completion of all appropriate forms, which include:

a. Occupant's Approval Form, if applicable.

b. Explanation of the conditions of the home electronic monitoring program.

c. Equipment Responsibility Form .

d. New Client Installation Form, if applicable.

5. Inspection of offender's residence to determine if conducive for participation in the electronic monitoring program.

6. Written memorandum to the court with sentence recommendation.

Conditions of Home Electronic Monitoring

The court shall attach such reasonable conditions upon the defendant for participation in the electronic monitoring program pursuant to 42 Pa.C.S.A. § 9763 (b).

Voluntary Participation

Participation in these programs shall be strictly on a voluntary basis. Offenders who do not desire to participate in these programs will be declared ineligible.

Program Explanation

All program requirements shall be explained prior to admission of the offender into an intermediate punishment program. Also, all occupants of the approved residence shall be advised of the restrictions and requirements of the program. If a resident objects to the program, then the offender may be declared ineligible.

Post Sentencing Orientation

After placement into the home electronic monitoring program, the participant shall be advised of the date and time that the equipment will be installed in the residence and other program requirements.

Intake Process

Upon an Order of Intermediate Punishment, the offender shall immediately report to the adult probation/parole department for an intake. During the intake process, the following paperwork shall be completed:

1. Execution of the conditions of the intermediate punishment program.

2. Completion of facesheet and photograph of offender.

3. Completion of risk/needs assessment form.

4. Completion of Supervision Plan.

5. Execution of Release of Information Form.

Enrollment and Initial Home Contact

During the initial home contact with the offender, the assigned officer shall:

1. Review the terms and conditions of the program.

2. Explain program requirements to all residents.

3. Read, explain and obtain signatures on all forms.

4. Explain parameters of home electronic monitoring program.

5. Explain consequences of program violations.

6. Explain payment of daily monitoring fees.

7. Explain responsibility and maintenance of equipment.

8. Install equipment.

9. Confirm with the monitoring center that equipment is operational.

10. Obtain a layout of the residence.

Offender Enrollment Forms and Schedule Change Forms

The intermediate punishment officer shall be responsible for the completion of all forms associated with the enrollment of the offender and other changes or modifications to the offender’s schedule. All completed forms shall be faxed to the monitoring center.

Daily Activity Reports

All daily activity forms will be faxed to the agency and the intermediate punishment officer shall review these reports for conformity and compliance with the approved offender schedule.

Ankle Bracelets and Monitoring Equipment

Offenders placed on a home electronic monitoring unit will be required to wear ankle bracelets at all times. The bracelet emits a continuous signal to a receiver installed in the residence. Upon every field visit by the probation officer, a visual inspection of all monitoring equipment shall be conducted to ensure proper functioning.

Equipment Responsibility

All electronic monitoring equipment installed in the offender's residence shall be the exclusive responsibility of the participant to maintain its proper functioning and operation. Any tampering, theft or destruction of the equipment by the offender may result in the filing of criminal charges, being held financially responsible for the cost of the equipment and being immediately terminated from the program. Also, every participant must read and sign the equipment responsibility form.

Equipment Inventory After Installation

All equipment placed in the residence must be inventoried at the time of installation.

Offender Subsistence

Every offender placed in an intermediate punishment program will be responsible for their own subsistence, which includes, housing, clothing, medical care or other treatment or household expenses. Every participant shall be afforded a designated time during the week for grocery shopping, medical appointments or other basic necessities. All departures from the approved schedule must receive prior approval by the intermediate punishment officer or Chief Adult Probation Officer.

Verification of Compliance With Court Imposed Sanctions

The assigned officer shall secure and verify employment via pay stubs or interviews with the employer. Also, if the offender is undergoing treatment or counseling, the officer shall verify all sessions with the counselor. Verification is an important aspect of supervision, for it ensures compliance with the conditions of the program.

Program Violations

The following system for program violations shall be utilized to determine the level of compliance with the conditions of Intermediate Punishment Programs.

Minor Violations

The following violations shall be considered minor in nature:

1. Failure to report as scheduled.

2. Failure to notify staff of changes in work status.

3. Failure to comply with rules and regulations of the program or Court order.

4. Unauthorized individuals within the residence.

5. Departure from schedule, such as leaving early or returning late.

Minor Violation Process

When "minor" violations are detected, the following corrective action may be initiated by the assigned officer:

1. Verbal reprimand.

2. Written violation report.

3. Administrative conference.

4. Increase in sanctions, such as, curfews; additional counseling or reporting, which changes shall be provided to the offender in writing.

Major Violations

The following violations shall be considered major in nature:

1. Possession of firearms, deadly weapons or offensive weapons.

2. Possession or consumption of alcoholic beverages.

3. Possession or positive urine test for a controlled substances.

4. Possession of drug paraphernalia.

5. Relocation from the approved residence without the prior approval of the assigned Officer.

6. A new arrest for violation of Municipal, County, State and Federal laws, as well as, provisions of the Liquor Code and the Vehicle Code.

7. Escape, which shall be defined as a period of one (1) hour or longer in which the participant has left the approved residence and is unaccounted for.

8. Repeated minor violations.

9. Destruction, theft or tampering with electronic monitoring equipment.

10. Operating a motor vehicle on a public highway while license is suspended.

11. Failure to maintain the scheduled drug/alcohol treatment plan.

12. Termination of offender’s telephone service.

Major Violation Process

When "major" violations are detected, the assigned officer may initiate the following corrective action:

1. Written violation report.

2. Administrative conference.

3. Increase in sanctions, such as, curfews; additional counseling or reporting, which changes shall be provided to the offender in writing.

4. File a petition to revoke intermediate punishment sentence requesting a hearing and/or a warrant for arrest and detention of offender.

Investigation of Detected Program Violations

All violations of any intermediate punishment program shall be investigated by the assigned officer or on-call officer immediately after detection. All relevant information and documentation concerning electronic monitoring violations shall be obtained from the central monitoring station with all persons involved being interviewed. 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.

c. Modifications to the on-call schedule are permitted. Prior arrangements shall be made with the Chief and the Carbon County Communications Center 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 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 on-call officer shall contact the back-up on-call officer for authorization and then contact the pretrial services on-call officer for possible assistance. The on-call officer shall not conduct a field investigation alone and without proper authorization from a supervisor.

e. The following home electronic monitoring violations must be investigated by the on-call officer after normal business hours. All other program violations will be investigated by the assigned probation officer the next available working day.

1. Band Tamper (absolute response)

2. Out-of-Range

3. Power Outage or Loss

4. Transmitter not found (dead battery)

f. When it is determined by the on-call officer that immediate termination is justified for the violation, the officer shall:

1. Immediately notify the back-up on-call supervisor.

2. Contact the bail officer for possible assistance.

3. Contact other adult probation staff for possible assistance.

4. Contact the Carbon County Communications Center for possible assistance from the Carbon County Sheriff's Department.

5. If the Sheriff's Department is unavailable, then contact the local police department for possible assistance.

6. Under no circumstances shall a probation officer attempt to arrest the offender without proper authorization from the back-up on-call supervisor and proper presence of other adult probation staff or law enforcement personnel.

7. The offender shall be transported to prison by adult probation staff or the Sheriff's Department. A Warrant to Commit and Detain Form shall be executed and provided to prison officials for admission of the offender.

8. If the offender is immediately terminated from the program, then all home electronic monitoring equipment shall be removed from the residence and inventoried. The monitoring center shall be immediately notified of the termination.

Petition to Revoke an Order of Intermediate Punishment

When the intermediate punishment officer determines that the offender violated the conditions of the program in such a manner that requires termination from the program, then a petition to revoke intermediate punishment shall be filed with the Clerk of Courts Office outlining all program violations.

Modification or Revocation of Intermediate Punishment Sentence

The court may at any time terminate a sentence of intermediate punishment or increase or decrease the conditions of the sentence pursuant to 42 Pa.C.S. § 9763 (sentence of intermediate punishment) or 42 Pa.C.S. § 9773 (modification or revocation of intermediate punishment sentence).

Termination From an Intermediate Punishment Program

The following criteria shall be utilized to determine when an offender should be terminated from an intermediate punishment program:

1. The participant has successfully completed all conditions of the program.

2. The participant has committed "major" violations of the program and was returned to prison.

3. The participant has served the minimum sentence imposed by the Court and has been legally discharged.

Termination Order

Upon successful completion of the minimum sentence, an order of court shall be prepared discharging the offender from the home electronic monitoring program. Afterwards, the officer shall review and have the offender sign the standard conditions of release, with the offender being reassigned to another probation officer.

Equipment Inventory After Termination

Upon termination from the program, the officer shall inventory and visibly inspect all equipment to ensure that no damage occurred during the program.

Cleaning of Equipment

It shall be the responsibility of the intermediate punishment officer to properly clean and sanitize all electronic monitoring equipment after an offender has been discharged from the program. No equipment shall be installed on another offender until the bracelet and home unit has been properly cleaned.

Monitoring Fees

An offender placed in the home electronic monitoring program shall be responsible for all costs associated with the monitoring aspect of the program. All fees collected will be deposited into an account to be utilized for the operation of the home electronic monitoring program or other departmental operations. Finally, all fees shall be made part of the order of sentence and the certificate of costs sheet.

Local Law Enforcement Notification

Local law enforcement agencies will be provided with all information concerning program participants.

Case Records

After placement into an intermediate punishment program, a case record folder shall be prepared by the secretary and a completed facesheet provided to the assigned officer. Also, a complete roster of intermediate punishment participants shall be maintained by the project coordinator.

Transfer Cases

The Intermediate Punishment Officer shall coordinate efforts with other jurisdictions when appropriate candidates are identified. When an offender resides in another jurisdiction, the intermediate punishment officer shall confer with the resident county to determine whether that jurisdiction has an intermediate punishment program. All arrangements shall be made by the intermediate punishment officer and forwarded to the Court for review. All costs associated with other county's programs will be absorbed by the offender. Failure to cooperate and comply with the rules and regulations of the other jurisdiction’s program will result in the offender being declared ineligible for participation.

Courtesy Cases

The department will accept intermediate punishment cases from other jurisdictions. Requesting counties shall coordinate with the intermediate punishment officer to determine eligibility. The officer will conduct an investigation pursuant to this policy statement and advise the requesting county whether the offender qualifies. If the department accepts an offender for supervision, then an effective date shall be established. Prior to enrollment in the program, the offender will be required to pay the current daily monitoring fee established by the court, for the entire period of supervision, in full. No personal checks will be accepted, only cash or money orders. A receipt will be provided to the offender.

Caseload Limits

The Chief will periodically review the caseloads of the Intermediate Punishment Officer to ensure that the officer has a manageable caseload and proper resources. This review process will ensure that the minimum standards adopted by the State and the Court are not compromised.

Project Coordination

The Chief Adult Probation/Parole Officer or his designee shall be responsible for the preparation, completion and submission of all sub‑grant reports, progress reports, budget modification forms and related documentation to the Pennsylvania Commission on Crime and Delinquency. The Project Coordinator and the intermediate punishment officer, in conjunction with the Carbon County Criminal Justice Advisory Board, shall evaluate program goals and effectiveness on a regular basis.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE : ACCELERATED REHABILITATIVE :

DISPOSITIONS PROGRAM (ARD) - : 34 MI 99

ADMINISTRATIVE FEE :

ADMINISTRATIVE ORDER NO. 8-2004

AND NOW, this 4th day of March, 2004, in order to implement the new DUI legislation and administer the ARD Program, it is hereby

ORDERED and DECREED that, effective May 1, 2004, all parties placed into the Carbon County Accelerated Rehabilitative Disposition Program shall be assessed an Administrative Fee as follows with 50% of the fee payable on or before the scheduled ARD hearing date:

Non-DUI ARD $350.00

DUI ARD – Rate of Alcohol .08 to .099 $350.00

DUI ARD - Rate of Alcohol .10 to .159 $400.00

DUI ARD - Rate of Alcohol .16 and higher and Refusal $450.00

ALL ARDs not stipulated to at District Justice level $500.00

IT IS FURTHER ORDERED AND DECREED that this Court’s Administrative Order No. 7-1999 is VACATED as of April 30, 2004.

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 in the Clerk of Court’s Office.

BY THE COURT:

RICHARD W. WEBB, P.J.

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE : ADOPTION OF NEW LOCAL RULES :

OF CRIMINAL PROCEDURE AND : 103 MI 00

RECISSION OF ALL OLD LOCAL RULES :

OF CRIMINAL PROCEDURE :

ADMINISTRATIVE ORDER NO. 9-2004

AND NOW, this 28th day of May, 2004, in order to implement Title 234 - Rules of Criminal Procedure adopted March 3, 2004, effective July 1, 2004, it is hereby

ORDERED and DECREED that, effective July 1, 2004, Carbon County ADOPTS new Local Criminal Rules of Procedure and hereby RESCINDS, effective June 30, 2004, all old Local Criminal Rules adopted February 20, 2001, effective April 1, 2001.

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 in the Clerk of Court’s Office.

BY THE COURT:

____________________________________

RICHARD W. WEBB, P.J.

RULE 102 - CITING THE CRIMINAL PROCEDURAL RULES

All local criminal procedural rules adopted by the Court of Common Pleas of Carbon County under the authority of Pa.R.Crim.P.105 shall be known as the Carbon County Local Rules of Criminal Procedure and shall be cited as “CARB.R.Crim.P. .”

Effective July 1, 2004

RULE 120 - ATTORNEYS – APPEARANCES AND WITHDRAWALS

The Entry of Appearance required under Pa.R.Crim.P.120 (A) shall be substantially in the form as attached hereto.

Effective July 1, 2004

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA :

: D.J.ID# _______________________

-vs.- : O.T.N. # ______________________

: C.P. ID #______________________

___________________________________ :

Defendant :

ENTRY OF APPEARANCE

TO: CLERK OF COURTS – CRIMINAL DIVISION

KINDLY ENTER MY APPEARANCE IN THE ABOVE CAPTIONED CASE ON BEHALF OF:

_____________________________________________________________________________

___________________________________________

Attorney for Party Named Above and Bar ID Number

___________________________________________

Firm

___________________________________________

Address

___________________________________________

City, State, Zip Code

___________________________________________

Telephone Number

___________________________________________

Fax Number for Service of Papers (Optional)

Date: __________________ ___________________________________________

Signature

Effective July 1, 2004

RULE 202 - APPROVAL OF SEARCH WARRANT APPLICATION BY ATTORNEY FOR COMMONWEALTH – LOCAL OPTION

The District Attorney of Carbon County, having filed on January 22, 2001 a certification pursuant to Pa.R.Crim.P.202(A), search warrants in all circumstances shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

Effective July 1, 2004

RULE 507 - APPROVAL OF POLICE COMPLAINTS AND ARREST WARRANTAFFIDAVITS BY ATTORNEY FOR THE COMMONWEALTH – LOCAL OPTION

The District Attorney of Carbon County, having filed on January 22, 2001 a certification pursuant to Pa.R.Crim.P.507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedures, charging one or more felony or misdemeanor of the first, second, or third degree, shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing.

Effective July 1, 2004

RULE 528 (D) (3) and (4) - MONETARY CONDITION OF RELEASE ON BAIL

(A) The defendant or a third party surety may post realty as security for bail. When posting realty as bail, a licensed real estate broker shall perform a written appraisal of the fair market value.

(B) Upon receipt of the written appraisal, a determination will be made whether the actual net value is at least equal to the amount of the bond, and, if sufficient, realty will be accepted as consideration for bail.

(C) A given piece of realty shall be used as bail only if it has not been posted or is not presently being used for bail for any other charges for defendants unless the Court has given approval.

(D) The Clerk of Courts shall enter a judgment of record in favor of the County of Carbon on any realty posted as bail for the full amount of the undertaking. The depositor shall pay a fee, which is established by the Prothonotary, for the cost of recording and satisfying the Judgment of Record to the Clerk of Courts upon the posting of the realty.

Effective July 1, 2004

RULE 530 - DUTIES AND POWERS OF A BAIL AGENCY

The Pretrial Services Division of the Adult Probation Office shall be appointed the bail agency for the Court of Common Pleas of Carbon County to monitor and assist defendants released on bail pursuant to Pa.R.Crim.P.530, except for administering the percentage cash bail.

Effective July 1, 2004

RULE 535D - RECEIPT FOR DEPOSIT; RETURN OF DEPOSIT

The Clerk of Courts shall retain $75.00 of the amount deposited as an administrative fee. Any moneys deposited by a third party surety shall be returned in full less the administrative fee.

Where realty has been posted as bail, the Clerk of Courts shall satisfy the Judgment of Record.

Effective July 1, 2004

RULE 570 - PRETRIAL CONFERENCE

(A) In addition to the provisions of Pa.R.Crim.P.570, the District Attorney shall conduct a status conference with defense counsel, defendant and, if unrepresented, the defendant on all cases that have not resulted in written agreements at the preliminary hearing level.

(B) Prior to the Defendant’s status conference, the District Attorney shall obtain data of the prior criminal convictions, if any, of the defendant and shall calculate the prior record score for guideline sentencing purposes.

(C) At the status conference, the District Attorney shall make the Sentencing Guideline Report available to defense counsel, defendant, and, if unrepresented, the defendant.

(D) At the end of the status conference, written stipulations for pleas, trials, or other dispositions shall be completed signed by the District Attorney/Assistant District Attorney, defense counsel, and defendant. The original stipulation shall be filed in the Clerk of Court’s office and service made pursuant to Pa.R.Crim.P.576.

Effective July 1, 2004

RULE 571 - ARRAIGNMENT

Arraignments in non-capital cases shall be conducted by the District Attorney.

Effective July 1, 2004

RULE 590 - PLEA AND PLEA AGREEMENTS

When counseling a defendant relative to the entry of a plea of guilty or nolo contendere, counsel shall review and explain to the defendant the contents of the Guilty Plea Colloquy form or Nolo Contendere Colloquy form, which are attached hereto. If the Defendant is charged and to be sentenced under Megan’s Law, counsel shall review the attached Megan’s Law Supplement To Guilty Plea Colloquy form as required by 42 Pa.C.S.A. § 9795.3 (6). Such forms shall be initialed and signed by the defendant. Defendant counsel’s signature thereon shall constitute a certification by the attorney that he/she has read, discussed, and explained the plea form and, if required, the Megan Law form to the defendant, and that to the best of his/her knowledge, information, or belief, his/her client understands what he/she is doing by entering his/her plea.

Guilty Plea Colloquy and Megan Law Supplement forms shall be filed in open Court at the time of entry of any plea of guilty or nolo contendere.

Effective July 1, 2004

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA :

-vs.- : NO.

________________________________ :

Defendant :

GUILTY PLEA COLLOQUY

You are present before this Court because you or your lawyer have stated that you wish to plead guilty to some or all of the criminal offenses with which you have been charged. Please answer fully all the questions on this document. If you do not understand any explanations given to you on this document, say so by putting the word “no” in the blank provided after the questions. If you do understand the questions, you should write in the word “yes”. None of the lines should be left blank.

After you have finished reading this and filling it out, you should sign it on the last page, on the line that says “Defendant”. You should also initial each page at the bottom, but only if you have read and have understood that page. If there is anything that you do not understand, you should say so in writing on this form. You should also tell your lawyer and the Judge who hears your case, so that they can explain it to you fully, to make sure you understand all your rights.

Most of these questions are designed to be answered “yes” or “no”. Where general information is asked for, however, please answer fully.

1. What is your full name? ________________________________________

2. Are you known by any other name or alias?_________________________

3. If the answer to Number 2 is “yes” state the other name or aliases.

____________________________________________________________

4. What is your date of birth? ______________________________________

5. What was the last grade completed in school?_______________________

6. Can you read, write and understand the English language? ____________

7. As you appear before the Court today to enter a guilty plea, are you under the influence of alcohol or any kind of drugs?_______________________

8. Have you ever been a patient in a mental institution or have you ever been treated for a mental illness? _____________________________________

9. If the answer to Number 8 is “yes”, please explain the details.

____________________________________________________________

10. Are you currently being treated for a mental illness?__________________

11. If the answer to Number 10 is “yes”, explain the details. ______________ ____________________________________________________________

12. If you are presently being treated for a mental illness, do you feel that you have sufficient mental capacity to understand what you are doing today, and to understand these questions and answer them correctly?__________

13. Do you understand that you are here today to enter a guilty plea to some or all of the charges against you? ___________________________________

14. Do you understand the nature of the offenses to which you are pleading guilty? _____________________________________________________

15. Has your lawyer explained to you the elements of the criminal offenses to which you are pleading?________________________________________

16. Do you admit to committing the offenses to which you are pleading guilty and to the legal elements explained to you making up those offenses? ____________________________________________________________

17. Do you understand that you have a right to a trial by jury? _____________