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 6th
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 6th 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 6th
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.
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