Carbon County Court of Common Pleas

Administrative Orders 2004
Last Updated: 2/20/2009

 

 

 

Administrative Order #1-2004                     Appointment of Master in Divorce for 2004

 

Administrative Order #2-2004                     Appointment of Mental Health Review Officers for 2004

 

Administrative Order #3-2004                     Appointment of Custody Counselor

 

Administrative Order #4-2004                     Appointment of Education Program for Divided Families Counselor

                                          

Administrative Order #5-2004                     Appointment of Board of Viewers

 

Administrative Order #6-2004                     Summoning of Jurors for Carbon County Jury Selection

           

Administrative Order #7-2004                     Intermediate Punishment Plan

 

                                                                        Carbon County Intermediate Punishment Plan

 

Administrative Order #8-2004                     Accelerated Rehabilitative Disposition Program (ARD) Administrative Fee

 

Administrative Order #9-2004                     Adoption of New Local Rules of Criminal Procedure and Recission of All Old Local Rules of Criminal Procedure

 

                                                                        Rule 102 - Citing the Criminal Procedural Rules

 

                                                                        Rule 120 - Attorneys – Appearances And Withdrawals

 

                                                                        Rule 202 - Approval Of Search Warrant Application By Attorney For Commonwealth – Local Option

                                                                                                                                                       

                                                                        Rule 507 - Approval Of Police Complaints And Arrest Warrant Affidavits By Attorney For The Commonwealth – Local Option

 

                                                                        Rule 528 (D) (3) and (4) - Monetary Condition Of Release On Bail

 

                                                                        Rule 530 - Duties And Powers Of A Bail Agency

 

                                                                        Rule 535D - Receipt For Deposit; Return Of Deposit

 

                                                                        Rule 570 - Pretrial Conference

 

                                                                        Rule 571 - Arraignment

 

                                                                        Rule 590 - Plea And Plea Agreements

 

                                                                        Rule 602 - Presence Of The Defendant

 

                                                                        Rule 700 - Sentencing Judge

                       

                                                                        Rule 702 - Aids In Imposing Sentence

 

Administrative Order #10-2004                   Criminal Fee Schedule for Court Appointed Counsel in Non-Homicide and Homicide Cases

 

Administrative Order #11-2004                   Summoning of Jurors for Carbon County Jury Selection

 

Administrative Order #12-2004                   Adoption of Carbon County Local Rules of Judicial Administration

 

                                                                        Rule 101 - Title And Citation Of Rules

 

                                                                        Rule 1901 - Prompt Disposition Of Matters; Termination Of Inactive Cases

 

Administrative Order #13-2004                   Amendment of Carbon County’s Criminal Case Management Plan

 

                                                                        Criminal Case Management Plan

 

Administrative Order #14-2004                   Fee Schedule for Carbon County’s Arbitrators               

 

Administrative Order #15-2004                   Adoption of New Local Rules of Civil Procedure and Recission of all Old Local Rules of Civil Procedure

 

                                                                        Rule 51 Title and Citation of Rules

 

                                                                        Rule 105 Bonds

 

                                                                        Rule 205.2(a) Filing of Legal Papers with the Prothonotary

 

                                                                        Rule 205.2(b) Filing Legal Papers with the Prothonotary

 

                                                                        Rule 206.4(c) Rule to Show Cause. Alternative Procedures.

 

                                                                        Rule 208.2(c) Motion. Form. Content.

 

                                                                        Rule 208.2(d) Motion. Form. Content.

 

                                                                        Rule 208.2(e) Motion. Form. Content.

 

                                                                        Rule 208.3(a) Alternative Procedures

 

                                                                        Rule 210 Form of Briefs

 

                                                                        Rule 212.1 Civil Actions to be Tried by Jury. Notice of Earliest Trial Date. Time for Completing Discovery and Filing Pre-Trial Statement.

 

                                                                        Rule 212.3 Pre-Trial Conference

 

                                                                        Rule 430 Service Pursuant to Special Order of Court. Publication.

 

                                                                        Rule 1018.1 Notice to Defend. Form

 

                                                                        Rule 1028(c) Preliminary Objections

 

                                                                        Rule 1034(a) Motion for Judgment on the Pleadings

 

                                                                        Rule 1035.2(a) Motion

 

                                                                        Rule 1302 List of Arbitrators. Appointment to Board. Oath.

 

                                                                        Rule 1303 Hearing. Notice.

 

                                                                        Rule 1501 Conformity to Civil Action.

 

                                                                        Rule 1530 Special Relief. Accounting.

 

                                                                        Rule 1905 Forms for Use in PFA Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order.

 

                                                                        Rule 1901.5 Enforcement

 

                                                                        Rule 1915.3 Commencement of Action. Complaint. Order.

 

                                                                        Rule 1915.4 Prompt Disposition of Custody Cases.

 

                                                                        Rule 1915.7 Consent Order

 

                                                                        Rule 1920.12 Complaint

 

                                                                        Rule 1920.51 Hearing by the Court. Appointment of Master. Notice of Hearing

 

                                                                        Rule 2102(b) Style of Action

 

                                                                        Rule 2974.2 Notice of Judgment and Execution Required by Rule 2973.2. Form

 

                                                                        Rule 2974.3 Notice of Judgment and Execution Required by Rule 2973.3. Form

 

                                                                        Rule 3252 Writ of Execution. Money Judgments.

 

                                                                        Rule 3256 Praecipe for Writ. Mortgage Foreclosure.

 

                                                                        Rule 4005 Written Interrogatories to a Party

 

                                                                        Rule 4014 Request for Admission.

                                                           

Administrative Order #16-2004                   Adoption of Carbon County’s Civil Case Management Plan

 

                                                                        Civil Case Management Plan

 

Administrative Order #17-2004                   For Carbon County Jury Selection

 

Administrative Order #18-2004                   Amendment of Local Rule of Criminal Procedure Carb.R.Crim.P 590 Plea Agreements

 

                                                                        Rule 590 Plea and Plea Agreements

 

Administrative Order #19-2004                   Amendment of New Local Rule of Civil Procedure 205.2(b) Filing of Legal Papers with the Prothonotary

 

                                                                        Rule 205.2(b) Filing Legal Papers with the Prothonotary

 

Administrative Order #20-2004                   Pretrial Services Plan

 

                                                                        Pretrial Services Plan

 

Administrative Order #21-2004                   Authorization to Stamp Court Orders When Judges Are Not Physically Here

 

Administrative Order #22-2004                   Temporary Assignment of Roger N. Nanovic, II, Judge To Jury Selection Commission

 

Administrative Order #23-2004                   Criminal Fee Schedule For Court Appointed Counsel In Non-Homicide And Homicide Cases

 

Administrative Order #24-2004                   Amending Policy For Paroling Defendants Sentenced For Minimum Of Up To Ninety (90) Days For DUI

 

 

 

 

 

           

 

 

 


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.

 

 

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? _____________

           

18.       Do you understand that the right to trial by jury means that you can participate in the selection of a jury with your attorney; that the jury is randomly selected from the voter registration list of Carbon County and a cross-section of the citizens of Carbon County, and that the jury has to agree unanimously on your guilt before you can be convicted of the offenses with which you are charged? __________­­­___________________ 

 

19.       Do you understand that you are presumed innocent until found guilty? In other words, do you understand that the Commonwealth must prove your guilt beyond a reasonable doubt before you can be convicted of the offenses charged? _____________________________________________

 

20.       Do you understand that the Commonwealth has the burden of proving you guilty beyond a reasonable doubt, which means you can remain silent and nothing can be held against you for refusing to testify in your own defense? ____________________________________________________

 

21.       Do you understand that you have a right to confront and cross-examine all Commonwealth witnesses in your case who are necessary to prove your guilt? _____________________________________________________

           

22.       Do you understand that by pleading guilty you are waiving that right of confrontation and cross-examination? _____________________________

                                                           

23.       Do you realize that by pleading guilty you are giving up your right to present any pre-trial motions for consideration to this or a higher Court in the event those motions are denied?_______________________________

 

24.       Do you realize that if you were convicted after a trial you could appeal the verdict to a higher Court and raise any errors that were committed in the trial Court, and that this could result in your being awarded a new trial or discharged, and that by pleading guilty you are giving up this right? ____________________________________________________________

                                                                                                                       

25.       Do you realize that if you were convicted after a trial you could appeal the verdict to a higher Court and you could also challenge whether the Commonwealth had presented enough evidence to prove you guilty beyond a reasonable doubt? _____________________________________

 

26.       Are you aware that the Court is not bound by the terms of any plea agreement entered into between you, your counsel and the Attorney for the Commonwealth, until the Court accepts such plea agreement? ____________________________________________________________

 

27.       Do you understand that the Court is not a party to any agreement or recommendation made by the parties and that any recommendation and/or stipulation regarding sentence is not binding on the Court and you knowingly waive the right to withdraw this plea if the Court does not concur in the recommended sentence?_____________________________

                       

28.       Are you aware of the permissible range of sentence and/or fines that can be imposed for the offenses to which you are pleading guilty? _________________________________________________________________________________________________

                                                                                                                       

29.       Are you aware of the maximum sentence and/or fine, which the Court could impose upon you for each of the offenses to which you are pleading guilty? _________________________________________________________________________________________________

 

30.       Do you understand that any sentence imposed upon you for any of the offenses to which you are pleading guilty can be imposed consecutively to either (a) any sentence imposed upon you for any other offense for which you are pleading guilty in this case; or (b) any sentence imposed upon you in any other case? _________________________________________________________________________________________________

 

31.               Do you understand that “consecutive” sentences means that one sentence will follow after another and that “consecutive” sentences do not run at the same time?

_________________________________________________________________________________________________

 

32.       Do you understand that the aggregate maximum sentence you could receive if you are pleading guilty to multiple offenses is the total of all maximum sentences for all the offenses added together? _________________________________________________________________________________________________

 

33.       Do you understand that you have a right to have witnesses present at your guilty plea hearing to testify for you? Are you willing to give up that right and have the Attorney for the Commonwealth summarize the facts against you?   _________________________________________________________________________________________________

 

34.               After you enter your guilty plea and it is accepted by the Court, you still have a right to appeal your conviction. The appeal from a guilty plea is limited, however, to four grounds. They are:

 

(a)        that your guilty plea was not knowing, intelligent and voluntary;

 

(b)        that the Court did not have jurisdiction to accept your plea (in other words, the offenses for which you are pleading guilty did not occur in Carbon County);

                                   

(c)        that the Court’s sentence is beyond the maximum penalty authorized by law; and

 

(d)       that your attorney was incompetent in representing you and advising you to enter a plea of guilty

                                                                                                                                               

Do you understand these four areas of appeal and what they mean?____________

 

In order to appeal your conviction by a plea of guilty, you must within ten (10) days file a written motion to withdraw your guilty plea and state any of the four above grounds as the basis for your petition to withdraw your guilty plea. This must be done within ten (10) days from the date you are sentenced. If you cannot afford a lawyer to represent you or you are contending that your attorney, who represented you at your guilty plea, was incompetent, you have the right to have other counsel appointed for you to raise those four claims. If your petition to withdraw your guilty plea is denied, you then have thirty (30) days to file an appeal from that denial with the Superior Court of Pennsylvania.

 

If you do not file your petition within ten (10) days of your sentence or do not file a Notice of Appeal to the Superior Court within thirty (30) days after your petition to withdraw your guilty plea is denied, you give up your right to ever complain again of any of those four areas, including incompetent counsel.

 

Do you understand the meaning of the various appeal rights that have just been explained to you? ___________________________________________________

 

35.       Has anybody forced you to enter this plea of guilty?__________________

 

36.       Are you doing this of your own free will? __________________________

 

            37.       Have any threats been made to you to enter a plea of guilty? ___________

 

38.       Have any promises been made to you to enter a plea of guilty other than any plea agreement that has been negotiated for you by your attorney? ____________________________________________________________

 

39.       Do you understand that the decision to enter a guilty plea is yours and yours alone; that you do not have to enter a plea of guilty and give up all your rights, as previously explained to you and that no one can force you to enter a guilty plea? __________________________________________

 

40.       Do you understand that if your plea is accepted by this Honorable Court, you would have the right to have a Pre-Sentence Report prepared on your behalf to aid the Judge in determining the appropriate sentence to be imposed upon you? Since this is a plea bargain, are you willing to waive the preparation of the pre-sentence investigation? ____________­­ (if applicable)

 

            41.       Are you presently on probation or parole?__________________________

 

42.       If you are on probation or parole, do you realize that your plea of guilty will mean a violation of that probation or parole and you can be sentenced to prison as a result of that violation caused by your guilty plea today? ____________________________________________________________

 

43.               Are you satisfied with the representation of your attorney?_____________

 

44.               Have you had ample opportunity to consult with your attorney before reading this document and entering your plea of guilty? _______________

 

45.       Has your attorney gone over with you the meaning of the terms in this document? __________________________________________________

 

 

I affirm that I have read the above document in its entirety and I understand its full meaning, and I am still nevertheless willing to enter a plea of guilty to the offenses specified. I further affirm that my signature and initials on each page of this document are true and correct.

 

Date:________________                   ___________________________________

                                                                                    Defendant

 

 

            I, _________________________________, Esquire, Attorney for ________________________________, state that I have advised my client of the contents and meaning of this document; that it is my belief that he/she comprehends and understands what is set forth above; that I am prepared to try this case; and that the defendant understands what he/she is doing by pleading guilty.

 

 

            Date:________________                   ___________________________________

                                                                                    Attorney for the Defendant

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

 

COMMONWEALTH OF PENNSYLVANIA            :

                                                                                                                        :                                              

-vs.-                                                     :           NO.

_______________________________                      :

Defendant                                                         :

 

 

NOLO CONTENDERE COLLOQUY

 

            You are present before this Court because you or your lawyer have stated that you wish to plead Nolo Contendere 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 names 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 plea of Nolo Contendere, 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 plea of Nolo Contendere to some or all of the charges against you?_________________

 

14.       Do you understand the nature of the offenses to which you are pleading Nolo Contendere? ____________________________________________

 

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 Nolo Contendere 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? _____________

           

18.       Do you understand that the right to trial by jury means that you can participate in the selection of a jury with your attorney; that the jury is randomly selected from the voter registration list of Carbon County and a cross-section of the citizens of Carbon County, and that the jury has to agree unanimously on your guilt before you can be convicted of the offenses with which you are charged? _____________________________ 

 

19.       Do you understand that you are presumed innocent until found guilty? In other words, do you understand that the Commonwealth must prove your guilt beyond a reasonable doubt before you can be convicted of the offenses charged? _____________________________________________

 

20.       Do you understand that the Commonwealth has the burden of proving you guilty beyond a reasonable doubt, which means you can remain silent and nothing can be held against you for refusing to testify in your own defense? ____________________________________________________

 

21.       Do you understand that you have a right to confront and cross-examine all Commonwealth witnesses in your case who are necessary to prove your guilt? ______________________________________________________

           

22.       Do you understand that by pleading Nolo Contendere you are waiving that right of confrontation and cross-examination?_______________________

                                                           

23.       Do you realize that by pleading Nolo Contendere you are giving up your right to present any pre-trial motions for consideration to this or a higher Court in the event those motions are denied?________________________

 

24.       Do you realize that if you were convicted after a trial you could appeal the verdict to a higher Court and raise any errors that were committed in the trial Court, and that this could result in your being awarded a new trial or discharged, and that by pleading Nolo Contendere you are giving up this right? ______________________________________________________ 

 

25.       Do you realize that if you were convicted after a trial you could appeal the verdict to a higher Court and you could also challenge whether the Commonwealth had presented enough evidence to prove you guilty beyond a reasonable doubt? _____________________________________

 

26.       Are you aware that the Court is not bound by the terms of any plea agreement entered into between you, your counsel and the Attorney for the Commonwealth, until the Court accepts such plea agreement? ____________________________________________________________

 

27.       Do you understand that the Court is not a party to any agreement or recommendation made by the parties and that any recommendation and/or stipulation regarding sentence is not binding on the Court and you knowingly waive the right to withdraw this plea if the Court does not concur in the recommended sentence? ____________________________

                       

28.       Are you aware of the permissible range of sentence and/or fines that can be imposed for the offenses to which you are pleading Nolo Contendere? ____________________________________________________________

                                                                                                                       

29.       Are you aware of the maximum sentence and/or fine which the Court could impose upon you for each of the offenses to which you are pleading Nolo Contendere? ____________________________________________

 

30.       Do you understand that any sentence imposed upon you for any of the offenses to which you are pleading Nolo    Contendere can be imposed consecutively to either (a) any sentence imposed upon you for any other offense for which you are pleading Nolo Contendere in this case; or (b) any sentence imposed upon you in any other case? ___________________

 

31.       Do you understand that “consecutive” sentences means that one sentence will follow after another and that “consecutive” sentences do not run at the same time? __________________________________________________

 

32.       Do you understand that the aggregate maximum sentence you could receive if you are pleading Nolo Contendere to multiple offenses is the total of all maximum sentences for all the offenses added together? ____________________________________________________________

 

33.       Do you understand that you have a right to have witnesses present at your Nolo Contendere plea hearing to testify for you? Are you willing to give up that right and have the Attorney for the Commonwealth summarize the facts against you? _____________________________________________

 

34.              After you enter your Nolo Contendere plea and it is accepted by the Court, you still have a right to appeal your conviction. The appeal from a Nolo Contendere plea is limited, however, to four grounds. They are:

 

(a)        that your Nolo Contendere plea was not knowing, intelligent and voluntary;

 

(b)        that the Court did not have jurisdiction to accept your plea (in other words, the offenses for which you are pleading Nolo Contendere did not occur in Carbon County);

                                   

(c)        that the Court’s sentence is beyond the maximum penalty authorized by law; and

 

(d)       that your attorney was incompetent in representing you and advising you to enter a plea of Nolo Contendere

                                                                                                                       

Do you understand these four areas of appeal and what they mean? _________________

 

In order to appeal your conviction by a plea of Nolo Contendere, you must within ten (10) days file a written motion to withdraw your Nolo Contendere plea and state any of the four above grounds as the basis for your petition to withdraw your Nolo Contendere plea. This must be done within ten (10) days from the date you are sentenced. If you cannot afford a lawyer to represent you or you are contending that your attorney, who represented you at your Nolo Contendere plea, was incompetent, you have the right to have other counsel appointed for you to raise those four claims. If your petition to withdraw your Nolo Contendere plea is denied, you then have thirty (30) days to file an appeal from that denial with the Superior Court of Pennsylvania.

 

If you do not file your petition within ten (10) days of your sentence or do not file a Notice of Appeal to the Superior Court within thirty (30) days after your petition to withdraw your Nolo Contendere plea is denied, you give up your right to ever complain again of any of those four areas, including incompetent counsel.

 

Do you understand the meaning of the various appeal rights that have just been explained to you? _________________________________________________________________

 

35.       Has anybody forced you to enter this plea of Nolo Contendere?_________

 

36.       Are you doing this of your own free will? __________________________

 

37.       Have any threats been made to you to enter a plea of Nolo Contendere?_________________________________________________

 

38.       Have any promises been made to you to enter a plea of Nolo Contendere other than any plea agreement that has been negotiated for you by your attorney? ____________________________________________________

 

39.       Do you understand that the decision to enter a plea of Nolo Contendere is yours and yours alone; that you do not have to enter a plea of Nolo Contendere and give up all your rights, as previously explained to you and that no one can force you to enter a Nolo Contendere plea? ____________________________________________________________

 

40.       Do you understand that if your plea is accepted by this Honorable Court, you would have the right to have a Pre-Sentence Report prepared on your behalf to aid the Judge in determining the appropriate sentence to be imposed upon you? Since this is a plea bargain, are you willing to waive the preparation of the pre-sentence investigation? ­­________ (if applicable)

 

            41.       Are you presently on probation or parole?__________________________

 

42.       If you are on probation or parole, do you realize that your plea of Nolo Contendere will mean a violation of that probation or parole and you can be sentenced to prison as a result of that violation caused by your Nolo Contendere plea today? ________________________________________

 

43.       Are you satisfied with the representation of your attorney? ____________________________________________________________

 

44.               Have you had ample opportunity to consult with your attorney before reading this document and entering your plea of Nolo Contendere? ____________________________________________________________

 

45.       Has your attorney gone over with you the meaning of the terms in this document? __________________________________________________

                                                                                                                                   

 

I affirm that I have read the above document in its entirety and I understand its full meaning, and I am still nevertheless willing to enter a plea of Nolo Contendere to the offenses specified. I further affirm that my signature and initials on each page of this document are true and correct.

 

           

            Date:__________________               ____________________________________

                                                                                    Defendant

 

 

 

            I, _________________________________, Esquire, Attorney for ______________________________, state that I have advised my client of the contents and meaning of this document; that it is my belief that he/she comprehends and understands what is set forth above; that I am prepared to try this case; and that the defendant understands what he/she is doing by pleading Nolo Contendere.

 

 

 

            Date:__________________               ____________________________________

                                                                                    Attorney for the Defendant

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

 

COMMONWEALTH OF PENNSYLVANIA            :       

                                                                                                                        :

                                                            -vs.-                                                     :           NO.

                                                                                                                        :

______________________________                        :

Defendant      

 

MEGAN’S LAW SUPPLEMENT TO

GUILTY PLEA COLLOQUY

 

            One or more of the offenses to which you are pleading guilty will make you subject to the registration and notification provisions of Megan’s Law relating to sexual offenders.

 

            The purpose of the following questions is to make certain that you understand how these provisions will affect you. Please answer all questions “Yes” or “No.”  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 of your rights.

 

            After you have read and filled out this form, you should sign it on the last page (on the line marked “Defendant”).  You should also initial each page at the bottom where indicated, but only if you have read and have understood that page.

 

1.                  Do you understand that as a result of your conviction you will be required to register with the Pennsylvania State Police and inform them of your current address and any change of address within ten (10) days of such change? ____________________________________________________

 

2.                  Do you understand that failure to register or to update your registration is itself a crime, which may subject you to penalties, including imprisonment?  _______________________________________________

 

3.                  Do you understand that your registration information will be provided by the Pennsylvania State Police to the local police department of any community in which you may live?  ______________________________

 

4.                  Do you understand that the registration requirements will continue for the time period specified:   ___ ten (10) years ___ for the rest of your life? ____________________________________________________________

 

 

5.               If this line _____ is checked, do you understand that the District Attorney has the right to request the Court to hold a hearing to determine whether you are a sexually violent predator, and if you are determined to be a sexually violent predator you will be subject to additional registration and notification requirements? These will include:

 

Notification to your victim of your current address.

 

Notification to your neighbors of your name and address, the offense of which you were convicted, the fact that you have been determined to be a sexually violent predator, which notification may be accompanied by your photograph.

 

The foregoing notification will also be sent to the local children and youth services agency, superintendent of schools, daycare centers, and colleges and universities; it is also available to any member of the public upon request.

 

Do you understand all of the above information relating to registration and notification requirements of persons determined to be sexually violent predators? ____________________________________________________________

 

6.        Do you understand that if you are determined to be a sexually violent predator, you will be required to attend and pay for monthly counseling sessions for the period you are required to register? ____________________________________________________________

 

 

I affirm that I have read the above document in its entirety and I understand its full meaning, and I am still nevertheless willing to enter a plea of guilty to the offenses specified.  I further affirm that my signature and initials on each page of this document are true and correct.

 

Date: ________________                  __________________________________________

                                                                        Defendant

 

 

I, _______________________________, Esquire, Attorney for __________________________________, state that I have advised my client of the contents and meaning of this document; that it is my belief that he/she comprehends and understands what is set forth above; that I am prepared to try this case; and that the defendant understands what he/she is doing by pleading guilty.

 

Date:_______________                       _________________________________________

Attorney for the Defendant

 

Effective July 1, 2004

 

 

RULE 602 - PRESENCE OF THE DEFENDANT

 

            In any criminal proceeding in which a court appearance by an adult prisoner will be required, the attorney for the prisoner or the party requesting the presence of the prisoner shall prepare a transport order and forward it to the judge assigned to the case.  Absent genuine exigency or most unusual circumstances, a request for transport of prisoner shall be made to the Court not less than three (3) days before such appearance.  The transport order shall be filed and served pursuant to Pa.R.Crim.P.114.

 

            All motions for deaf and/or language interpreters shall be in conformance with Pa.R.Crim.P.575 and 576. 

 

Effective July 1, 2004

 

 

RULE 700 - SENTENCING JUDGE

 

            The sentence following a plea of guilty or nolo contendere may be imposed by a judge other than the judge who received such plea whenever such substitution shall enhance the efficient disposition of cases.  The defendant shall be given due notice at the time of entering the plea by signing the consent and waiver form as attached hereto.

 

Effective July 1, 2004

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

 

COMMONWEALTH OF PENNSYLVANIA            :

                                                                                                                        :

                                                            -vs.-                                                     :           NO.                                                                                                                                        

_____________________________                          :

                                                Defendant                                                         :

 

 

CONSENT AND WAIVER

 

 

            AND NOW, this _______ of _________________________, 20___, the above named Defendant does HEREBY acknowledge, agree and consent to the entry of a Guilty Plea before the Honorable _________________________, with the full and complete understanding that sentencing in the above captioned matter may be held at a later date and imposed by the Honorable  ______________________, or any other judge assigned by the Court.

 

__________________________________

                                                                                                                                                Defendant                                                                              

 

 

__________________________________

                                                                                                                                                Attorney for the Defendant

 

Effective July 1, 2004

 

 

RULE 702 - AIDS IN IMPOSING SENTENCE

 

(A)       Before the sentencing hearing, defendant and his/her counsel, or if unrepresented, the defendant shall execute a form entitled “Appellate Rights of Defendant after Sentencing”, which is attached hereto.  Defendant’s counsel shall review and explain said form to the Defendant.  The defendant and defendant’s counsel shall sign this form.  Defendant counsel’s signature thereon shall constitute a certification by the attorney that he/she has read, discussed, and explained the form to the defendant, and that to the best of his/her knowledge, information, or belief that his/her client understands the form.

(B)           On behalf of the Court, the Chief Adult Probation Officer shall submit a copy of the Guideline Sentencing Form to the Pennsylvania Commission on Sentencing as required by 204 Pa. Code § 303.1 (d).

Effective July 1, 2004

 

 

 

 

TO THE DEFENDANT:

 

PLEASE READ AND THEN REVIEW THE FOLLOWING INFORMATION WITH YOUR LAWYER.  IT EXPLAINS THE RIGHTS YOU HAVE FOLLOWING SENTENCING.  IF YOU DO NOT UNDERSTAND ANYTHING CONTAINED ON THIS DOCUMENT, ASK YOUR LAWYER OR THE SENTENCING JUDGE TO EXPLAIN IT TO YOU.  DO NOT SIGN THIS DOCUMENT UNTIL YOU UNDERSTAND IT FULLY.

 

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

 

 

COMMONWEALTH OF PENNSYLVANIA            :

                                                                                                                        :

                                                                        -vs.                                          :           NO.

                                                                                                                        :

_________________________________                  :

                                                DEFENDANT

 

 

APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING

 

1.   After you are sentenced, you have the right to file either a post-sentence motion or an appeal to the Superior Court of Pennsylvania.

2.   If you wish to file a post-sentence motion, it must be filed with the Criminal Clerk of Courts of Carbon County no later than ten (10) days after the imposition of sentence.

3.   If you wish to file an appeal, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within thirty (30) days of imposition of sentence.  This is a right of appeal, which you may exercise without filing a post-sentence motion.  If you file a post-sentence motion, you would also have a right to appeal from an order deciding that motion or denying the motion by operation of law.

4.   If you file a post-sentence motion, all requests for relief must be stated with specificity and particularity, and consolidated in the motion, which may include:

a.   a motion challenging the validity of a plea of guilty or nolo contendere, or the denial of a motion to withdraw a plea of guilty or nolo contendere;

b.   a motion of judgment of acquittal;

c.   a motion in arrest of judgment;

d.   a motion for a new trial; and/or

e.   a motion to modify sentence.

5.   If you file a post-sentence motion, it and any supplemental motion you may be permitted to file, must be decided by the judge within 120 days of the filing of the original motion.  The judge may, at your request, grant one 30-day extension for deciding the motion, if good cause is shown.  If the judge fails to decide the motion within the allowed time, the motion will be denied by operation of law, and the clerk will enter an order denying the motion.

6.   If you file a post-sentence motion, and wish to appeal from the order deciding or denying the motion, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within thirty (30) days of that order.

7.   Whether or not you file a post-sentence motion, all issues raised before or during trial are preserved for appeal.

8.   You have the right to assistance of counsel in the preparation of a post-sentence motion or any appeal.  If you are indigent, you have the right to proceed without payment of costs and with counsel appointed to represent you without charge.  If you are now represented by the Public Defender’s Office and continue to qualify for their services, that office would continue to represent you without cost.

9.   If you qualify for bail and are released on bail after sentencing, a condition of release will be that you either file a post-sentence motion and perfect an appeal, or, when no post-sentence motion is filed, perfect an appeal with the time permitted by law.

 

I affirm that I have read the above information completely, that I understand its full meaning, and that I have been given a copy of this document for my records and review.

Date:___________________                         ________________________________   

Signature of Defendant

 

 

 

 

I, _______________________________________, Esquire, Attorney for ___________________________________, state that I have advised my client of the meaning of this document and of his/her post-sentence and appeal rights as required by Pa.R.Crim.P.704; that it is my belief that the defendant comprehends and understand those rights and what is set forth herein, and that Defendant has received a copy of this form.

 

 

Date:___________________                         ________________________________ 

Attorney for the Defendant

 

Effective July 1, 2004

 

 

 

 

 


IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

                                                                             

IN RE :           CRIMINAL FEE SCHEDULE FOR                           :

COURT APPOINTED COUNSEL IN                         :           71 MI 04

NON-HOMICIDE AND HOMICIDE CASES           :

 

                                                                             

ADMINISTRATIVE ORDER NO. 10-2004

 

AND NOW, this 28th day of May, 2004, it is hereby

ORDERED and DECREED that, effective July 1, 2004, Carbon County ADOPTS the following schedule for payment of court-appointed counsel in Non-Homicide and Homicide criminal cases as follows:

Non-Homicide Criminal Cases

 

1.   Counsel shall be assigned to represent defendants charged with non-homicide criminal offenses or in any post-conviction proceedings, and juveniles formally charged with delinquency where a conflict of interest or other sufficient reason exists and the individual cannot properly be represented by the Public Defender’s Office.

 

2.     At the conclusion of the representation, or any segment thereof, counsel shall be compensated at a rate of forty dollars ($40) per hour for time expended in Court and at a rate of thirty dollars ($30) per hour for time reasonably expended out of Court and shall be reimbursed for all reasonable expenses.

 

3.   Where one or more felonies are charged or for proceedings under the Post Conviction Hearing Act, the compensation paid to an attorney shall not exceed one thousand five hundred dollars ($1,500).  Where only misdemeanors or juvenile delinquencies are charged, payment shall not exceed seven hundred and fifty dollars ($750).

 

4.   Investigative, expert, or other services authorized by Order of Court shall not exceed five hundred dollars ($500) and are reimbursable upon completion of services.

 

Homicide Cases

 

1.      Counsel appointed shall not exceed one, except in cases of extreme complexity and those involving the death penalty where a conflict of interest or other sufficient reason exists and the individual cannot properly be represented by the Public Defender’s Office.

 

2.      At the conclusion of the representation, or any segment thereof, counsel shall be compensated for services rendered at a rate of fifty dollars ($50) per hour for time reasonably expended in Court, and forty dollars ($40) per hour for time reasonable expended out of Court and shall be reimbursed for all reasonable expenses.

 

3.      Such compensation shall not exceed four thousand dollars ($4,000) where one counsel has been assigned, and shall not exceed a total of six thousand ($6,000) where two counsels have been assigned.

 

4.      Investigative, expert, or other services authorized by Order of Court shall not exceed one thousand five hundred dollars ($1,500) and are reimbursable upon completion of services.

 

IT IS FURTHER ORDERED and DECREED that appointments made pursuant to this rule shall continue through all stages of the proceedings.  Compensation payments shall be a charge upon the County of Carbon.  Any payment in excess of the limits stated herein may only be made because of extraordinary circumstances that are necessary to provide fair compensation for representation and have been approved by the Court.

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:            SUMMONING OF JURORS                      :

                                                                                                                                                                                                :           No.      12 MI 04

                                                                                                                        FOR CARBON COUNTY                            :

                                                                                                                                                                                                :

                                                                                                                        JURY SELECTION                                      :

                                               

 

ADMINISTRATIVE ORDER NO. 11-2004

 

                        AND NOW, this 18th day of May, 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 December 6, 2004 with the exact number of jurors reporting to be determined by the Court prior to the beginning of trial.

                                                                                                                                                                                    BY THE COURT:

____________________________________

 

                                                                                                                                                                                                            RICHARD W. WEBB, P.J.

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CIVIL DIVISION

CRIMINAL DIVISION

ORPHANS’ COURT DIVISION

                                                                             

IN RE :           ADOPTION OF CARBON COUNTY LOCAL RULES       :          04-1451

OF JUDICIAL ADMINISTRATION 101 --                          :            72 MI 04

TITLE AND CITATION OF RULES AND                           :          04-9196

1901 -- PROMPT DISPOSITION OF MATTERS;               :

TERMINATION OF INACTIVE CASES                              :

 

ADMINISTRATIVE ORDER NO. 12-2004

 

AND NOW, this 28th day of May, 2004, it is hereby

ORDERED and DECREED that, effective July 1, 2004, Carbon County ADOPTS new Local Rules of Judicial Administration 101 governing the title and citation of rules and Local Rule 1901 governing the prompt disposition of matters and termination of inactive cases.

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.      File one (1) certified copy with the Pennsylvania Civil Procedural Rules Committee.

5.      File one (1) certified copy with the Pennsylvania Orphans’ Court Procedural Rules Committee.

6.      Forward one (1) copy for publication in the Carbon County Law Journal.

7.      Forward one (1) copy to the Carbon County Law Library.

8.      Keep continuously available for public inspection copies of the Order in the Prothonotary’s Office, Clerk of Court’s Office, and Orphans’ Court Office.

 

                                                                                                BY THE COURT:

 

 

 

                                                                                                                                                                                                            RICHARD W. WEBB, P.J.

 

 

RULE 101 - TITLE AND CITATION OF RULES

 

            All local Rules of Judicial Administration adopted by the Court of Common Pleas of Carbon County under the authority of Pa.R.J.A.101 shall be known as the Carbon County Local Rules of Judicial Administration and shall be cited as “CARB.R.J.A. _______.”

 

Effective July 1, 2004

 

 

RULE 1901 - PROMPT DISPOSITION OF MATTERS; TERMINATION OF INACTIVE CASES

 

            The Prothonotary, Register of Wills/Orphans’ Court, Clerk of Courts and District Courts shall prepare a list of all cases in which no steps or proceedings have been taken for two years or more for call on the first Monday of December of each year.  Notice shall be given to all parties and/or attorneys and, if no good cause is shown, the Court shall enter an order dismissing the proceedings.

 

Effective July 1, 2004

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION

                                                                             

IN RE:            AMENDMENT OF CARBON COUNTY’S   :

CRIMINAL CASE MANAGEMENT PLAN :           103 MI 00

 

                                                                             

ADMINISTRATIVE ORDER NO. 13-2004

 

AND NOW, this 28th day of May, 2004, it is hereby

ORDERED and DECREED that, effective July 1, 2004, Carbon County AMENDS the Criminal Case Management Plan and REMOVES this plan from the Local Rules of Criminal Procedure.

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.

 

 

CARBON COUNTY COURT OF COMMON PLEAS

 

CRIMINAL

 

CASE MANAGEMENT PLAN

 

 

PRESIDENT JUDGE RICHARD W. WEBB

 

 

I.          JUDICIAL COMMITMENT TO CASEFLOW MANAGEMENT.

Since May 6, 1992, the Court has assumed the responsibility of ensuring the fair and prompt disposition of all cases, as well as, assure effective and efficient use of Court resources paid for by taxpayers.  Our success is attributable to the commitment of this principle by each District Justice, Judge, Court and County staff of the 56th Judicial District.

Goal setting provides the objectives and a benchmark for measuring its success.  The Court must meet reasonable time standards for the processing and prompt disposition of standard types of cases in terms of their nature and legal issues.  “Exhibit “1”, attached hereto, shows the time standards for criminal cases adopted by the American Bar Association, the National Conference of State Trial Judges, the Conference of State Court Administrators and the Pennsylvania Association of Court Management (PACM).  Carbon County’s Plan adheres to the time standards adopted by PACM.

II.        EFFECTIVE COMMUNICATIONS WITH THE BAR AND POLICE.

The Court coordinates scheduling of cases and makes reasonable accommodations to prosecuting attorneys, defense attorneys, and law enforcement personnel in the management of cases.  Operative scheduling allows the District Attorney and Public Defender Offices to provide full coverage efficiently.

III.       EARLY AND CONTINUOUS COURT SUPERVISION OF CASE PROGRESS.

The Court monitors the progress of cases from the time a summons or complaint is filed to ensure movement of cases to disposition, eliminating unnecessary delay and additional costs of prosecution.  Mere agreement of counsel/parties is not sufficient grounds for the Court to grant continuances.  When a continuance is granted, the matter is continued to a specified date.

 

IV.       EVENT-DATE CERTAINTY.

Reasonable certainty about event dates avoids aggravation, waste and unnecessary cost to the parties and their attorneys.  Moreover, national studies have found that nothing promotes pretrial dispositions more than the expectation that a trial is more likely than not to occur on or near the scheduled date.  Events are scheduled at the District Court level with notice given to attorneys/parties of all event dates and times, assuring case flow and expeditious case dispositions.

V.        A FUNCTIONAL CASE MANAGEMENT INFORMATION SYSTEM.

The fully automated court computer system provides relevant, accurate, and timely case information, supporting an efficient case management plan by tracking and maintaining cases and events.

VI.       TIME STANDARDS AND CASE MANAGEMENT CRITERIA.

Standard types of criminal cases are processed and scheduled in accordance with the time-disposition goals listed below as diagramed on the attached Exhibit “2” marked Carbon County Criminal Case Flow Chart.

            The following time-disposition goals apply:

1.      Preliminary hearing/waiver - 98% within 30 days of complaint, if case initiated by arrest; 98% within 50 days of complaint if by summons;

2.      Court arraignment - 98% within 40 days of preliminary hearing/waiver;

3.      Trials - 90% within 150 days of complaint; 98% within 180 days;

4.      Sentences - 90% within 30 days of guilt; 98% within 45 days.

 

Carbon County is divided into a Northern Division and Southern Division at the District Justice level.  District Court 56-3-01 and District Court 56-3-02 comprise the Southern Division and District Court 56-3-03 and District Court 56-3-04 comprise the Northern Division.

All Preliminary Hearings for misdemeanor and felony cases are scheduled in clusters on Wednesdays every week.  One District Justice from the Southern Division schedules Preliminary Hearings for 9:00 A.M. and the other District Justice from the Southern Division schedules Preliminary Hearings for 1:15 P.M.  The same procedure is followed in the Northern Division.

A.        PRELIMINARY ARRAIGNMENT BEFORE DISTRICT JUSTICE:

1.         If a defendant is brought before the District Justice on an arrest warrant or a summons is issued, he/she will receive, in addition to the other required papers, the following:

(a)                Criminal Complaint and Arrest Warrant Affidavit

(b)               District Court Notice of Preliminary Hearing (Exhibit 3)

(c)                Carbon County Public Defender Guidelines (Exhibit 4)  -- The District Justice advises the Defendant to read the Guidelines carefully and contact the Public Defender's Office for an appointment if Defendant believes he/she qualifies. 

(d)               Alternatives to Trial or Guilty Plea if First Time Offender (Exhibit 5), District Attorney Notice of Accelerated Rehabilitative Disposition (ARD) Program (Exhibit 6), Questionnaire to Determine Eligibility for ARD Program (Exhibit 7) and Prior Criminal Record Form (Exhibit 8) -- The District Justice advises Defendant, if he/she is a first-time offender of a non violent crime, that Defendant may qualify for the ARD program. 

Defendant should review the Alternatives to Trial or Guilty Plea if First Time Offender, and if he/she thinks they qualify, Defendant completes and has notarized the Questionnaire to Determine Eligibility for ARD Program, completes the Prior Criminal Record Form, and brings both to the Preliminary Hearing at the District Justice’s Office.

B.        PRELIMINARY HEARINGS BEFORE DISTRICT JUSTICE:

                        1.         Entry of Appearance:

(a)    The attorney representing the defendant at a preliminary hearing signs an Entry of Appearance pursuant to CARB.R.Crim.P.120 and provides it to the District Justice before beginning the preliminary hearing.

            (b)   The District Justice transmits the Entry of Appearance with the docket transcript to the Clerk of Courts to be filed of record.

                        2.         A member of the District Attorney’s Office is assigned to conduct the prosecution of all preliminary hearings and a member of the Public Defender’s Office is assigned to represent defendants who qualify for a public defender at the preliminary hearings.  The court computer system accommodates the desire to have the same attorney handle the case from preliminary hearing through trial.

3.         A significant percentage of cases result in ARD or guilty plea stipulations.  In order to accelerate negotiation and avoid needless delays, the following elements occur at the preliminary hearing:

(a)    The District Attorney provides the defense attorney with a copy of all police reports, and enlists the assistance of police departments in timely completion of such reports and supplemental reports;

(b)   The defendant, as part of the negotiation process, signs a Prior Criminal Record Form (Exhibit 8) listing his/her known prior record, acknowledges that the negotiations are contingent on the accuracy of the information, and acknowledges that an INTENTIONAL misstatement of the record can result in additional charges; and

(c)    Where a Guilty Plea or ARD agreement is reached, a written Stipulation for Trial, Guilty Plea or ARD Form (Exhibit 9), and if ARD, an Explanation of Accelerated Rehabilitation Program (ARD) and Waiver of Rights Form (Exhibit 10) are completed.

C.        SCHEDULING AT PRELIMINARY HEARING:

1.         A criminal case scheduling information form (Exhibit 11) is completed by the District Justice Office after each preliminary hearing/waiver.  This form lists the Arraignment date, Pretrial Status Conference date, Last Date to Plea-Plea Day and Jury Selection date.  The original of the scheduling form is forwarded by the District Justice with the docket transcript to the Clerk of Court with copies provided to the Defendant and defense counsel.

2.         Waiver of Arraignment Form (Exhibit 12) is signed by defendant and defense counsel if defendant is waiving his Common Plea Arraignment at the time of the preliminary hearing.

3.         When a DUI ARD has been negotiated, telephonic arrangements are made by a staff member of the District Justice Office to schedule a Court Reporting Network (CRN) evaluation.  The defendant is provided with a written Notice of the Procedure for CRN

 

 Evaluation Form (Exhibit 13) indicating the scheduled date and time.  Defendant acknowledges receipt of the form with his/her signature.

D.        COMMON PLEAS SCHEDULING:

Cases from two District Justices are assigned to each Common Pleas Judge.  Caseload is adjusted when necessary to balance the workload and to keep cases in line with this management plan.

E.       ARRAIGNMENT AT COMMON PLEAS LEVEL:

1.         Local Rule CARB.R.Crim.P.571 provides that arraignments in non-capital cases, if not waived, are conducted by the District Attorney.   Arraignments are scheduled within 40 days from preliminary hearing/waiver and within 10 days of filing the criminal information.   Arraignment and Waiver of Arraignment forms listing motion deadline and defendant rights information are executed.

F.         COURT RULINGS ON MOTIONS:                    

1.                  Each Judge monitors the status of all outstanding motions.

2.                  Semi Annual Reports -- Pursuant to Pennsylvania Rule of Judicial Administration 703(B)(2), each Judge is responsible to report on matters submitted and undisposed for 90 days or more.

G.        PRETRIAL STATUS CONFERENCES:

1.         Pretrial status conferences are held on all cases not stipulated to at the District Court level.  The Pretrial Status Conferences are scheduled approximately 2 - 4 weeks before the scheduled trial date.  They are conducted by the District Attorney’s Office.  All defendants must be present.

 H.       SENTENCINGS:

 

1.         Most sentences are imposed at time of plea.  If sentences are not imposed at the time of plea, cases are scheduled for sentencing approximately 30 days thereafter.  Sentences may be imposed by a Judge other than the Judge who took the guilty plea or plea of nolo contendere.  See CARB.R.Crim.P.700.

I.          DISMISSAL AND EXPUNGEMENT:

 

1.         At the end of each month, the Adult Probation Office prepares a list of all cases/defendants who have successfully completed the ARD Program during the month.  A copy of the list is provided to the District Attorney and District Court Administrator.

2.         If the District Attorney objects to the automatic expungement, the District Attorney follows the procedure set forth in Pa.R.Crim.P.320(b).

3.         The District Attorney reviews the list, makes notation on the list of any case(s) in which Objections will be filed, approves the list by initialing it, and forwards it to the District Court Administrator.

4.         In all cases where no objections are noted, the District Court Administrator forwards the Order of Dismissal to the appropriate Judge and, after filing same, prepares the Expungement Orders and Letters and expunges the cases from the public access screens of the Court Computer Database System after the thirty (30) day objection period expires.

5.         The Court and other offices as prescribed by law maintain a confidential list of completed expungement cases.

 

 

Exhibits

 

 

1.         Comparative Time Standards For Criminal Cases

 

2.         Carbon County Criminal Case Flow Chart

 

3.         District Court Notice of Preliminary Hearing

 

4.         Carbon County Public Defender Guidelines

 

5.         Alternatives To Trial Or Guilty Plea If First Time Offender

 

6.         District Attorney Notice of Accelerated Rehabilitative Disposition (ARD) Program

 

7.         Questionnaire to Determine Eligibility for ARD Program

 

8.         Prior Criminal Record Form

 

9.         Written Stipulation for Trial, Guilty Plea or ARD Form

 

10.       Explanation of Accelerated Rehabilitation Program (ARD) and Waiver of Rights Form

 

11.       Criminal Case Scheduling Information Form

 

12.       Waiver of Arraignment Form

 

13.       Procedure for CRN Evaluation Form


 

COMPARATIVE TIME STANDARDS FOR CRIMINAL CASES

 

 

 

 

 

 

AMERICAN BAR ASSOCIATION  & NATIONAL CONFERENCE OF STATE TRIAL JUDGES STANDARDS

CONFERENCE OF STATE COURT ADMINISTRATORS STANDARDS

 

PA ASSOCIATION OF COURT MANAGEMENT AND CARBON COUNTY STANDARDS

 

 

 

 

 

 

 

 

 

 

 

FROM ARREST

FROM ARREST

FROM COMPLAINT

FROM COMPLAINT

 

 

 

INCARCERATED

NOT INCARCERATED

 

 

 

 

 

 

 

 

 

 

FELONY

90% WITHIN 120 DAYS

100% WITHIN 180 DAYS

90% WITHIN 150 DAYS

90 % WITHIN 180 DAYS

 

98% WITHIN 180 DAYS

 

98% WITHIN 180 DAYS

98% WITHIN 240 DAYS

 

100% WITHIN 1YEAR

 

 

 

 

 

 

 

 

MISDEMEANORS

90% WITHIN 30 DAYS

100% WITHIN 90 DAYS

90% WITHIN 150 DAYS

90% WITHIN 180 DAYS

 

100% WITHIN 90 DAYS

 

98% WITHIN 180 DAYS

98% WITHIN 240 DAYS

 

 

 

 

 

SUMMARIES

90% WITHIN 30 DAYS

 

90% WITHIN 30 DAYS

 

 

100% WITHIN 90 DAYS

 

98% WITHIN 90 DAYS

 

SUMMARY APPEALS

 

 

90% WITHIN 60 DAYS

 

 

 

 

98% WITHIN 90 DAYS

 

 


 

CARBON COUNTY CRIMINAL CASE FLOW CHART*

                                                                                                                                                                               ARDS/

ARREST OR                                                                                                                      PRE-TRIAL                GUILTY PLEAS

COMPLAINT                    PRELIMINARY                ARRAIGNMENT                          STATUS                     (LAST DAY                           JURY

FILED                               HEARING                         GUILTY PLEA                            CONFERENCE            TO PLEA)                      SELECTION                 SENTENCING

______            ________        ___________  ____________            ___________  ____________                        ___________

 

 

 

WITHIN 30 DAYS IF INITIATED BY ARREST WITHIN 50 DAYS IF INITIATED BY SUMMONS

 

WITHIN 40 DAYS FROM PRELMINARY HEARING

WITHIN 30 DAYS FROM ARRAIGNMENT

2 – 15 DAYS FROM PRETRIAL CONFERENCE

 4-32 DAYS FROM LAST DAY TO PLEA

WITHIN 45 DAYS AFTER PLEA OR VERDICT

 

 

 

EVERY WEDNESDAY

 

 

EVERY WEDNESDAY

 

 

 

 

 

(IF NOT SENTENCED AT GUILTY PLEA

 

 

 

                                             +30                                   +70                                                   +100                          +110                                   +142                              (182)

*The County is divided into a Northern Division and Southern Division for Preliminary Hearings in Misdemeanor and Felony Cases.  Four District Justices conduct Preliminary Hearings in clusters every Wednesday.  One District Justice in each division conducts Preliminary Hearings commencing at 9:00 A.M. and one District Justice in each Division conducts Preliminary Hearings commencing at 1:15 P.M.

 

(Rev. July 1, 2004)


 

CARBON COUNTY

MAGISTERIAL DISTRICT No. 

 

 

Dear Sir/Madam:

                        You have been summoned to appear for a preliminary hearing at ______________________________________ on ___________________________________, in the Office of _______________________________________________________________.

                        Enclosed please find the following forms:

1.                  Criminal Complaint and Arrest Warrant Affidavit

2.                  Notice of Hearing

3.                  Carbon County Public Defender Guidelines

4.                  Alternative to trial or guilty plea program criteria -- Accelerated Rehabilitation Disposition Program (ARD).

5.                  Questionnaire to Determine Eligibility for ARD Program, if you are eligible

6.                  Prior Criminal Record Statement

 

Examine the enclosed Carbon County Public Defender Guidelines.  If you feel you are eligible, call the Public Defender’s Office immediately to set up an appointment to fill out an application.  The Public Defender’s Office is located in the Carbon County Courthouse, Jim Thorpe, Pennsylvania.  The telephone number is 570-325-2343.

 

You should have either obtained an attorney or had a Public Defender assigned to you before your preliminary hearing.  This attorney should be present with you at your preliminary hearing.

 

If this is your first criminal offense, you may be eligible for the ARD program.   If you qualify, you should fill out and get notarized the enclosed Questionnaire to Determine Eligibility for the ARD program and complete the Prior Criminal Record Statement and bring both to the Preliminary Hearing at the District Justice Office.

 

                                                Very truly yours,

 

 

                                                District Justice

 

Carbon County Public Defender Guidelines

 

            The following financial guidelines established by the Public Defender's Office of Carbon County are to be used in determining eligibility for free legal counsel.

            An individual may apply for free legal counsel in the following situations:

-     criminal charges; misdemeanor and felony.

-          summary cases only when there is a likelihood that the court will impose imprisonment.

-          parole / probation violation. (individual must reapply)

 

            The following applicants are presumed to be indigent and eligible for free legal representation:

-                     any individual presently detained in a correctional or state hospital facility that does not have asset(s) and is unable to pay for private counsel.

-                    any individual whose GROSS income is below the maximum income level.

A.    In determining the GROSS income of the applicant, criteria to be considered but not limited to the following will include:

     1.    All income coming into the home: unemployment, worker's compensation, social security, pensions, stocks, bonds, interest earned, inheritances, rents received, lawsuits, etc. Assets: house(s), property, car(s), etc.  We will require proof.

     2.   If the applicant is married and living with a spouse, both incomes will be considered.  Dependant(s) are child(ren) 18 years and younger living with natural parents or are legally adopted.  Proof is required.  Single parents, who claim child (ren) as dependant(s), must be paying support by Court Order or have child(ren) living with him/her.  Proof of Court Ordered support is required.

                                       Family                Yearly                           Monthly                        Weekly

                                         1                        $ 8,590                           $ 716                            $179

                                         2                         11,610                              968                              242

                                         3                         14,630                           1,219                              305

                                         4                         17,650                           1,470                              368

                                         5                         20,670                           1,723                              430

                                         6                         23,690                           1,975                              494

                                         7                         26,710                           2,225                              556

                                         8                         29,730                           2,478                              620

                     each additional                          3,020                              252                                63

 

            If you feel you are eligible, call the Public Defender's Office to set up an appointment to fill out an application. This must be done in person.  You must apply at least five (5) days BEFORE your hearing.  Please bring with you all paperwork you have received to date and any copies of proof of any and all income as stated above.  The phone number is (570) 325-2343.  The Public Defender hours are Monday - Friday, 8:30 a.m. to 4:30 p.m., except holidays.  We do not accept applications after 4:00 p.m., since it takes approximately 20 minutes to fill out the application.  WE DO NOT ACCEPT ANY COLLECT CALLS.

 

            DO NOT have alcohol on your breath or look to be under the influence of any substances or you will be asked to return at another date to complete the application.  We are not responsible for any delays if you do not call for an appointment or you are asked to come back because you appear to be under the influence of a substance, or have not brought the required copies of any and all proof mentioned above.

 

Remember:  Statements made on the application for a Public Defender must be true and correct.  Any false statements that are made are subject to penalties of 18 Pa.  C. S., Section §4904, relating to unsworn falsification to authorities.


 

ALTERNATIVES TO TRIAL OR GUILTY PLEA IF FIRST TIME OFFENDER

CARBON COUNTY

JIM THORPE, PENNSYLVANIA

 

 

ACCELERATED REHABILITATIVE DISPOSITION

 

WHAT IS ARD?

 

            ARD is a ONE-TIME alternative to trial, conviction, and/or the mandatory jail sentence.

 

            Upon application and completion of all conditions and a probation period, the criminal charges are dismissed and the record is expunged.

 

WHO QUALIFIES FOR ARD?

 

            You may be eligible for ARD if you meet the following required standards for the program:

 

            1.                You have no charges of a sexual nature.

 

2.                You have no prior DUI offenses.

 

            3.                You have not had any prior periods of revocation from supervision.

 

            4.                You do not have any F1 convictions or adjudications.

 

            5.                You do not have any F2 or F3 convictions or adjudications within the last TEN YEARS.

 

            6.                You cannot receive ARD if you falsify information on the ARD questionnaire.

 

            7.                If an accident was involved, there was NO serious injury or death.

 

            8.                You cannot have an extensive driving record.

 

            9.                You have not committed a new offense will waiting for your court date or while under supervision.

 

            10.              You attended the CRN appointment prior to the Court date.

 

            11.              You have no prior conviction for Homicide by Motor Vehicle.

 

            12.              There were no children under the age of 14 in the vehicle at time of incident.

 

            13.              You must possess necessary insurance, if accident was involved.

 

            14.              If applicant pleads guilty to any summary offense, he/she must sign a Waiver of Double Jeopardy Rights.

                                                                                        

 

HOW DO I GET INTO THE ARD PROGRAM?

 

1.                  You must complete the Questionnaire to Determine Eligibility for Accelerated Rehabilitative Disposition (ARD) program and have it notarized, complete the Prior Criminal Record Statement, and, if DUI related, sign the Waiver of Rights Form attached to the Explanation of Accelerated Rehabilitation Program for Driving Under the Influence Offenders and bring it with you to the Preliminary Hearing at the District Justice's Office.  If the ARD applicant is found to meet all of the criteria for inclusion into the ARD Program, the applicant will be recommended by the District Attorney to the Court for placement into the ARD Program and a Stipulation for ARD will be completed and you will receive a copy of the Stipulation and Order advising you when to appear for an ARD Hearing at the Court of Common Pleas.

 

2.                  A member of the District Justice staff will call and obtain an appointment for a CRN evaluation at the Carbon - Monroe - Pike Drug and Alcohol Office, First Street, Lehighton, Pennsylvania, and given you notice of the appointment and procedure for obtaining a CRN evaluation. 

 

WHAT DOES PLACEMENT INTO THE ARD PROGRAM REQUIRE YOU TO DO?

 

NON-DUI OFFENDERS:

 

1.                                    Serve up to a TWO-YEAR probationary period.

 

2.                                    SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.

 

3.                                    COMPLETE a counseling program, if deemed necessary, and pay for it.

 

4.                                    PAY one-half of the ARD Administrative Fee of $350.00 on or before your scheduled ARD hearing date.

 

5.                                    PAY ALL the ARD Program costs as may be set from time to time by Administrative Order.

 

6.                                    COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts.

 

DUI OFFENDERS – RATE OF ALCOHOL .08 to .099:

 

1.                  Serve a SIX-MONTH probationary period.

 

2.                  SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.

 

3.                  ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon-Monroe-Pike Drug and Alcohol Office.

 

4.                  COMPLETE a counseling program, if deemed necessary, and pay for it.

 

5.                  PAY one-half of the ARD Administrative Fee of $350.00 on or before your scheduled ARD hearing date.

 

6.                  PAY ALL the ARD Program costs as may be set from time to time by Administrative Order.

 

7.                  COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts.

 

DUI OFFENDERS – RATE OF ALCOHOL .10 to .159:

 

1.                  Serve a ONE-YEAR probationary period.

 

2.                  SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.

 

3.                  THIRTY-DAY SUSPENSION of driving privileges.

 

4.                  ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon-Monroe-Pike Drug and Alcohol Office.

 

5.                  COMPLETE a counseling program, if deemed necessary, and pay for it.

 

6.                  PAY one-half of the ARD Administrative Fee of $400.00 on or before your scheduled ARD hearing date.

 

7.                  PAY ALL the ARD Program costs as may be set from time to time by Administrative Order.

 

8.                  COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts.

 

DUI OFFENDERS – RATE OF ALCOHOL .16 and higher and Refusal:

 

1.                     Serve a ONE-YEAR probationary period.

 

2.                     SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.

 

3.                     SIXTY-DAY SUSPENSION of driving privileges.

 

4.                     ATTENDANCE AND COMPLETION of an ALCOHOL SAFE DRIVING PROGRAM at the Carbon-Monroe-Pike Drug and Alcohol Office.

 

5.                     COMPLETE a counseling program, if deemed necessary, and pay for it.

 

6.                     PAY one-half of the ARD Administrative Fee of $450.00 on or before your scheduled ARD hearing date.

 

7.                     PAY ALL the ARD Program costs as may be set from time to time by Administrative Order.

 

8.                     COMPLIANCE with such rules and regulations as may be set forth by the Carbon County Courts.

 

FAILURE TO ATTEND ANY APPOINTMENTS OR SCHEDULED COURT APPEARANCES WILL RESULT IN DENYING YOUR ACCEPTANCE IN ARD!

 

NO JAIL TERM, IF ACCEPTED FOR ACCELERATED REHABILITATIVE DISPOSITION AND IT IS COMPLETED SATISFACTORILY.

 

DUI OFFENDERS – ARD not stipulated at the District Court level must PAY one-half of the ARD Administrative Fee of $500.00 on or before your scheduled ARD hearing date.


 

 

DISTRICT ATTORNEY OF CARBON COUNTY

CARBON COUNTY COURTHOUSE

P.O. BOX 36

JIM THORPE, PENNSYLVANIA  18229

 

 

NOTICE

 

 

            Your case MAY be a proper one for handling under the Accelerated Rehabilitative Disposition Program (A.R.D.)

 

            As you know, you were arrested and charged with a crime.  You have the right to a trial and the Commonwealth must prove you are guilty beyond a reasonable doubt.  However, being placed on probation may help you more than being convicted and sentenced to jail, so your case may be chosen for possible inclusion in the Accelerated Rehabilitative Disposition Program.  Under this program, instead of being tried, you might be placed on probation immediately.  If you stay out of trouble during the period of this program, these charges will be discharged and your record expunged.  If you violate the conditions, you will be tried as if you never had been in this program.

 

            If you desire to be considered for the A.R.D. Program, you MUST complete the enclosed questionnaire and have it notarized.  Bring the notarized, completed questionnaire with you to the Office of the District Justice at the time of your preliminary hearing.

 

            Be advised that applying for admission into the A.R.D. Program does not relieve you of your obligation to appear before the District Attorney’s Office or the Court for all scheduled appearances.  Failure to so appear will result in a bench warrant being issued for your arrest.

 

            YOU SHOULD BE CERTAIN TO CONTACT YOUR LAWYER SO THAT YOU UNDERSTAND WHAT THIS PROGRAM IS AND HOW IT WORKS.

 

                                                                                                            Very truly yours,

 

 

 

                                                                                                            GARY F. DOBIAS

                                                                                                            District Attorney                                

GFD/ndj

 

Enclosure


 

       APPROVED : _____________________

                                                                                                                                                                                                                          DISAPPROVED: _____________________

                                                                                                                                                                                                                                                DATE: __________________

 

OFFICE OF THE DISTRICT ATTORNEY

CARBON COUNTY COURTHOUSE

P.O. BOX 36

JIM THORPE, PENNSYLVANIA  18229

(570) 325-2718

 

COMMONWEALTH OF PENNSYLVANIA                     :

                                                                                                                        :

                                                VS.                                                                  :           NO.

                                                                                                                        :

 

 

QUESTIONNAIRE TO DETERMINE ELIGIBILITY

FOR ACCELERATED REHABILITATIVE DISPOSITION

                                                                                                                                                                                          

TO THE DEFENDANT:

 

            The following questions are to be answered truthfully and fully under oath or affirmation.   Bring this questionnaire with you to the District Justice’s Office at the time of your preliminary hearing so the District Attorney can determine your eligibility for consideration into the Accelerated Rehabilitative Disposition Program.

 

            YOU ARE ADVISED THAT ANY FALSE STATEMENT GIVEN IN ANSWER TO ANY QUESTION MADE WITH INTENT TO MISLEAD THE DISTRICT ATTORNEY’S OFFICE IS PUNISHABLE AS A MISDEMEANOR OF THE SECOND DEGREE PUNISHABLE BY A FINE NOT EXCEEDING $5,000.00 AND IMPRISONMENT NOT EXCEEDING TWO (2) YEARS, OR BOTH.

 

 

WRITE CLEARLY AND IN INK

 

1.       State your full name, Social Security Number and Driver’s Operator Number.

 

            _____________________________________________________________________________

 

2.         What is your date of birth and current age? __________________________________________    

 

3.        Give your place of birth (city, state, and country). _____________________________________      

 

            _____________________________________________________________________________

           

4.         State any other names by which you are known or by which you have been known, including aliases.

 

________________________________________________________________­­­­­­______             

 

5.         State any nicknames by which you are known. _______________________________________    

 

6.       What is your present address and telephone number? ________________________________          

 

            ____________________________________________________________________________ 

 

7.         What is your marital status? _____________________________________________________    

 

8.         What is the name of your spouse? ________________________________________________    

 

9.        Give the names and ages of any children. __________________________________________       

 

            ____________________________________________________________________________

 

10.      Give the names of all persons with whom you live and your relationship with each. 

 

            ____________________________________________________________________________

 

____________________________________________________________________________   

           

            ____________________________________________________________________________

 

11.      Give each and every address where you resided during the last five-year period.

 

            ____________________________________________________________________________

 

            ____________________________________________________________________________

 

            ____________________________________________________________________________

 

12.       State your educational experience, giving the names of schools you attended and the date of attendance.

 

            Grade School: ________________________________________________________________

 

            High School:   _______________________________________________________________  

 

            College:           _______________________________________________________________ 

 

            Other:              _______________________________________________________________ 

 

13.       State your military status. (Check One)

 

            Veteran _________                              Non-Veteran __________   

            If you have been in the military service of the United States, state which branch, the years of service and the type of discharge.

            Branch: ____________                                   Years: ____________

 

            Discharge:   Honorable: ____________         Dishonorable: ______________

           

            Other: _________      Explain: ________________________________________________

 

14.       State what occupations or jobs you have held in the last five (5) years:

 

               Employer                              Job Description                                   Years

 

            _________________________________________________________________________

 

            _________________________________________________________________________

 

            _________________________________________________________________________

 

15.       What is your present occupation or employment and how long employed?

 

            ________________________________________________________________________

 

            Employer: ________________________________________________________________

 

            Describe Duties: ___________________________________________________________

 

            If unemployed, source of income: ______________________________________________

 

16.       What is your present average net income? ________________________________________

 

17.       What is your ability to pay Court costs? AMT: ____________________________________

 

18.       Have you been arrested for any Juvenile or Adult criminal offenses?

 

            Yes ____________                 No _____________

 

            If so, state the following, using additional sheet(s) if necessary.

 

            Date of Arrest (Month/Year): __________________________________________________

 

            Charge: __________________________________________________________________

 

            Jurisdiction (City & State): ____________________________________________________

 

            Sentence or other Disposition: _________________________________________________

 

19(a).   Have you ever been convicted of DUI or been placed on an A.R.D. Program as a result of a DUI

 

Charge?  Yes _________    No ____________

            If so, state:

            Date of Arrest: ____________________________________________________

 

            Date of conviction or acceptance in the A.R.D. Program: ___________________  

 

            County where this occurred:__________________________________________

 

19(b).   Have you ever been placed in an A.R.D. Program for a non-DUI offense?

 

            Yes ______________             No _______________

 

            If so, state:

            Date of Arrest:_____________________________________________________

 

            Charge:__________________________________________________________

 

            Date of conviction or acceptance in the A.R.D. Program: ___________________  

 

            County where this occurred:__________________________________________

 

20.       Are you presently on parole or probation? _______________________________

 

21.       Have you ever been treated for mental illness or hospitalized for mental illness:

 

            Yes ________________         No _______________

 

            If so, state when, where and period of time.

            ________________________________________________________________

           

22.       Do you have any disease or other disability at the present time?      

 

            Yes ________________       No __________________

 

            If so, state the nature thereof:  _________________________________________________ 

 

_________________________________________________________________________

 

23.       Are you presently dependent upon or addicted to alcohol or drugs?

 

            Yes ________________        No ___________________

 

24.      Are you presently enrolled in any treatment program for alcohol or drug addiction dependency? 

 

Yes _____________         No ________________

 

 

 

THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ANY PERSON CHARGED WITH DUI

25.       Were you involved in an accident?  Yes ______________     No _____________

            If so:

 

            (a) Do you have insurance? Provide the name of your insurance company.

 

            ____________________________________________________________________________

 

            (b) Was any person, other than you injured?   Yes ________  No _________         

 

(c) If so, give the name and address of injured party or parties, along with a description of the injuries suffered.

            ____________________________________________________________________________

 

            (d) Is there any restitution due? If any, approximately how much?

 

            ____________________________________________________________________________

 

26.       State any other offenses you were charged with, either under the vehicle code or the crimes code, which arose from this incident.

            ____________________________________________________________________________

 

            ____________________________________________________________________________

           

27.       What was your blood alcohol reading? ____________________

 

28.       WHERE were you drinking? _____________________________________________________

 

            How long? ___________________________________________________________________

 

TO BE COMPLETED BY ALL APPLICANTS

 

29.       State the name, address and telephone number of three reputable citizens, not related to you, who are willing to support your consideration for the Accelerated Rehabilitative Disposition Program:

 

            NAME                                                ADDRESS                             TELEPHONE NUMBER

 

___________________________________________________________________________________

 

___________________________________________________________________________________

 

___________________________________________________________________________________

 

30.       State briefly why you feel you should be given the benefit of placement in the Accelerated Rehabilitative Disposition Program.

 

            ____________________________________________________________________________________

 

            ____________________________________________________________________________________

 

            ____________________________________________________________________________________

 

            ____________________________________________________________________________________

 

            ____________________________________________________________________________________

 

 

            I, hereby, swear to (or affirm) the truth of the facts set forth in this Questionnaire to Determine Eligibility for Accelerated Rehabilitative Disposition and I fully realize that an intentionally falsification as to any answer, or part thereof, is a crime punishable by law.

 

 

 

                                                                                                __________________________________

                                                                                                Signature of Applicant

 

Acknowledgement:

Sworn to (affirm) and subscribe to

 

before me this _________ day of

 

__________________, _____, A.D.

 

___________________________

NOTARY


 

56TH JUDICIAL DISTRICT – CARBON COUNTY

 

PRIOR CRIMINAL RECORD STATEMENT

 

DEFENDANT’S NAME: ________________________________________________________

 

OTN #: ______________________________________________________________________

 

DEFENSE COUNSEL: ________________________        DA: __________________________

 

Representations regarding prior record:

 

            I, _____________________________, defendant, represent that my prior criminal record, including prior ARDs, is set forth here in full, to the best of my memory.  I understand that if this listing is in error, the parties will not be bound by the agreement.  I ALSO UNDERSTAND THAT AN INTENTIONAL FALSE STATEMENT BY ME ON THIS DOCUMENT COULD RESULT IN A SEPARATE CRIMINAL PROSECUTION.

 

Charge
(include all arrests)

 

Location (County and State)

 

Disposition

 

Approximate Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

______________________________                                    ______________________________

    (Defendant)                      (Date)                                                    (Defense Counsel)      (Date)

 

______________________________

    (DA assigned to case)           (Date)


 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL

 

COMMONWEALTH OF PENNSYLVANIA                        :

                                                                                                                        :    CASE ID #___________________________

                                                            vs                                                         :

                                                                                                                        :    180 DAYS: __________________________

 

STIPULATION

 

CHARGES FOR TRIAL, GUILTY PLEA OR ARD

 

            COUNT #1     ____________________________________________________

            COUNT #2     ____________________________________________________

            COUNT #3     ____________________________________________________

            COUNT #4     ____________________________________________________

            COUNT #5     ____________________________________________________

            COUNT #6     ____________________________________________________

            AND NOW, this _________ day of _________________, 20    , the following stipulation is entered into between the Commonwealth and the Defendant in connection with the above charges: (check one)

 

            _____ TRIAL BY JURY  _____ NON-JURY TRIAL   _____ GUILTY PLEA   _____ ARD

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

 

_________________________________                  ___________________________________

Defendant                                                                               Attorney for the Defendant

_________________________________                  __________________________________  

D.A. or Assistant D.A.

_________________________________                             

Address                                                                                  

 

_________________________________

Telephone Number

ORDER

 

AND NOW, this _______ day of ______________, ____, it is hereby ORDERED and DECREED that the Defendant shall appear in Court Room #1/2, Carbon County Courthouse, Jim Thorpe, Pennsylvania, on the ______ day of _________, ____ at ______  .M. prevailing time or on further order of the Court, for _____________________________________________________.

 

                                                                                                            BY THE COURT

                                                           

                                                _____________________________________________

District Justice/Judge


                                                                                

 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL

 

 

                                    COMMONWEALTH OF PENNSYLVANIA            :

                                                                                                                        :           D.J.  ID # ___________________

                                                            vs.                                                        :           O.T.N. #  ___________________           

                                                                                                                        :           C.P. ID # ___________________

                                    __________________________,                               :

                                    Defendant

 

 

EXPLANATION OF ACCELERATED REHABILITATION PROGRAM (A.R.D.)

and

WAIVER OF RIGHTS FORM

 

1.      I understand that I have been charged with a crime and that I have a right to go to trial on that charge.  I am presumed innocent of this charge and the prosecution must prove my guilty beyond a reasonable doubt.

 

2.      Notwithstanding my right to go to trial, I ask to be placed in the Carbon County A.R.D. Program and I CERTIFY THAT I HAVE NOT PREVIOUSLY BEEN IN SUCH A PROGRAM IN THIS OR ANY OTHER JURISDICTION.

 

3.      I understand the District Attorney will consider any prior criminal conviction I may have.

 

4.      I understand the District Attorney will consider a victim's input on my request for A.R.D.

 

5.      I am aware that I will be in the A.R.D. program for a specific period and that the special terms and condition of the program are as follows:

 

(a)    I will pay the costs of the prosecution of the charges filed against me.

 

(b)   I will attend and complete the Highway Safety Program at the Carbon-Monroe-Pike Drug & Alcohol Office and pay the costs thereof.

 

(c)    I will receive an alcohol and/or drug evaluation and follow through with any recommended treatment and pay the costs thereof.

 

(d)   I may have to receive a mental health evaluation and follow through with any recommended treatment and pay the costs thereof.

 

(e)    I will complete any community service hours as may be ordered by the Court.

 

(f)    If I caused any property damage or personal injury to anyone and do not have insurance to pay for such damage or personal injury, I will make restitution to the victim of the amount of such damage or personal injury.

 

(g)   I will abide by the general rules and regulations applicable to all persons on A.R.D.

 

6.      I understand that the charges which have been filed against me will not be further prosecuted while I am in the A.R.D. Program, but if I fail to complete the program satisfactorily, I will be removed from the program and the charges filed against me will then be prosecuted according to law as if I had never been in the A.R.D. Program.

 

7.      I understand that if I successfully complete the A.R.D. Program the charges that have been filed against me will be dismissed and the record will be expunged.  If my current charge is for an offense under the driving under influence statute and I am convicted of a subsequent offense of driving under the influence, I may be sentenced as a second or subsequent offender of driving under the influence.

 

8.      I understand that I can reject this offer of A.R.D. and demand that my case be brought to trial instead and that neither rejection of A.R.D. nor any statement I make in these A.R.D. proceedings can be used against me at trial.

 

9.      I understand that by participating in the A.R.D. Program I waive (give up) the following rights:

 

                        (a)        My right to a preliminary hearing.

 

                        (b)        My right to a formal Court arraignment.

 

                        (c)        The right to have my case tried before a jury within three hundred and sixty-five (365) days from the date the charges were filed against me and dismissed if not tried within 365 days.

 

                        (d)       The applicable statute of limitations within which prosecution must be commenced on the charges against me.

 

10. Time spent in processing the questionnaire for A.R.D. will be excluded in computing the 365 days under Rule 600.

 

11. I understand that if my case is removed from the A.R.D. program and sent back for trial, the District Attorney will then have one hundred and twenty (120) days within which to bring me to trial.

 

           

            I have read the above and fully understand it.

 

 

DATE: _________________             SIGNED: ______________________________________________

                                                                                                                        Defendant

 

 

            As attorney for the above-named Defendant, I certify that I have fully discussed and reviewed the foregoing explanation and waiver of right to the Defendant and I believe he/she understands it.

 

 

DATE:__________________            SIGNED :______________________________________________

                                                                                                            Attorney for Defendant

 

 

            I agree that this case is suitable for inclusion in the A.R.D. Program and I move that the Defendant be placed on A.R.D.

 

 

DATE:__________________            SIGNED:_______________________________________________

                                                                                                            (Assistant) District Attorney

                                                                                                                       


 

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA

CRIMINAL

 

                        COMMONWEALTH OF PENNSYLVANIA                        :