Administrative
Orders 2006
Updated
2/17/09
ADMINISTRATIVE
ORDER NO. 1-2006 Appointment of
Master in Divorce for 2006
ADMINISTRATIVE
ORDER NO. 2-2006 Appointment of Mental Health
Review Officers for 2006
ADMINISTRATIVE ORDER NO.
3-2006 Appointment of Custody Counselor
ADMINISTRATIVE
ORDER NO. 4-2006 Appointment of Board of Viewers
ADMINISTRATIVE ORDER NO. 5-2006 Appointment of
Domestic Relations Hearing Officer, Pro Hac Vice
ADMINISTRATIVE ORDER
NO. 6-2006 Temporary Assignment of Richard W. Webb, Senior Judge to Jury
Selection Commission
ADMINISTRATIVE ORDER NO. 7-2006 Appointment of
Domestic Relations Hearing Officer, Pro Hac Vice
ADMINISTRATIVE ORDER
NO. 8-2006 Adoption of Local Rule of Civil Procedure 1301 Scope -
Arbitration
ADMINISTRATIVE ORDER NO. 9-2006 Appointment of
Domestic Relations Hearing Officer, Pro Hac Vice
ADMINISTRATIVE ORDER
NO. 10-2006 Intermediate Punishment Plan
ADMINISTRATIVE ORDER
NO. 11-2006 Adoption of Local Rules of Civil Procedure 1910.10 Alternate
Hearing Procedures and 1910.12 Office Conference. Hearing. Record. Exceptions.
Order
Rule 1910.10 Alternate Hearing Procedures
Rule 1910.12 Office Conference. Hearing.
Record. Exceptions. Order.
ADMINISTRATIVE ORDER NO. 12-2006 Appointment of
Domestic Relations Hearing Officer, Pro Hac Vice
ADMINISTRATIVE ORDER NO. 13-2006 Adoption of Carbon County Local Rule of Criminal Procedure 117
– Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and
Setting and Accepting Bail and Local Rule of Criminal Procedure 150 – Bench
Warrants
ADMINISTRATIVE ORDER
NO. 15-2006 Amendment of Local Rule of Civil Procedure 1301 Scope -
Arbitration
ADMINISTRATIVE ORDER
NO. 16-2006 Amendment of Local Rule of Civil Procedure 205.2(b) Filing
Legal Papers with the Prothonotary
Rule 205.2(b) Filing Legal Papers with the Prothonotary
ADMINISTRATIVE ORDER NO. 17-2006 Amendment of Fee Schedule for Counsel Appointed by the Court
ADMINISTRATIVE ORDER NO. 21-2006 Summoning of Jurors for Carbon County Jury Selection
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION
IN
RE: APPOINTMENT OF :
MASTER IN DIVORCE : NO. 06-0001
FOR 2006 :
ADMINISTRATIVE
ORDER NO. 1-2006
AND NOW, this 3rd day of January, 2006, 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, 2006 until December 31,
2006. 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. 06-0002
REVIEW
OFFICERS :
FOR 2006 :
ADMINISTRATIVE
ORDER NO. 2-2006
AND NOW, this 3rd day of January, 2006, 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, 2006 until December 31, 2006 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. 06-0003
ADMINISTRATIVE
ORDER NO. 3-2006
AND NOW, this 3rd day of January,
2006, 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 is hereby APPOINTED CUSTODY COUNSELOR for visitation
and custody proceedings effective January 1, 2006 until December 31, 2006. 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 - LAW
IN
RE: APPOINTMENT OF :
: NO. 06-0004
BOARD
OF VIEWERS :
ADMINISTRATIVE
ORDER NO. 4-2006
AND NOW, this 3rd day of January, 2006, 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, 2006 to December 31, 2006:
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,
Lehighton,
PA 18235
EVA
M. DUGAN
5660
Interchange Road
Lehighton,
PA 18235
JAMES
A. CHRISTMAN
362 Delaware
Avenue
Palmerton,
PA 18071
BY THE COURT:
______________________________
P.J.
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS ACTION
IN
RE: APPOINTMENT OF :
DOMESTIC
RELATIONS : NO. 393
DR 05 & 400 DR 04
HEARING
OFFICER, : 05-3189
PRO
HAC VICE :
ADMINISTRATIVE
ORDER NO. 5-2006
AND NOW, this 24th day of
January, 2006, the Court being advised that William Schwab, Domestic Relations
Hearing Officer, has a conflict of interest in cases #395 DR 05 including civil
file 05-3189, Maryann Leavitt vs. Eric D. Leavitt, PACSES #093107865, and #400
DR 04, Bev A. Heiney vs. Thomas B. Heiney, Jr. PACSES #981106923, it is hereby
ORDERED AND DECREED that Kim Roberti, Esquire
is hereby APPPOINTED DOMESTIC RELATIONS HEARING OFFICER, pro hac vice, for the
above captioned cases. The Domestic
Relations Hearing Officer shall be compensated at the rate of ONE HUNDRED
DOLLARS ($100.00) per hour.
IT IS FURTHER ORDERED AND DECREED that this
appointment SHALL BE VACATED upon the entry of a final order.
BY
THE COURT:
_________________________________
ROGER N. NANOVIC, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
IN RE : TEMPORARY ASSIGNMENT :
OF RICHARD W. WEBB, SENIOR JUDGE : CP-13-AD-0000002-2006
TO JURY SELECTION COMMISSION :
ADMINISTRATIVE ORDER NO. 6-2006
AND
NOW, this 3rd day of March, 2006, pursuant to 42 Pa.C.S.A. 2122(a), it is
hereby
ORDERED
and DECREED that the Honorable Richard W. Webb, is temporarily assigned to
serve as a member of the Jury Selection Commission for the period March 4, 2006
to March 12, 2006.
BY
THE COURT:
___________________________________
ROGER N. NANOVIC, P.J.
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS ACTION
IN RE: APPOINTMENT OF :
DOMESTIC
RELATIONS : NO. 344
DR 02
HEARING
OFFICER, :
PRO HAC VICE
:
ADMINISTRATIVE ORDER NO. 7-2006
AND NOW, this 13th day of March,
2006, the Court being advised that William Schwab, Domestic Relations Hearing
Officer, has a conflict of interest in cases #344 DR 02 Jennifer L. Horos vs.
Brian p. Horos, PACSES #674104970, it is hereby
ORDERED AND DECREED that Kim Roberti, Esquire
is hereby APPPOINTED DOMESTIC RELATIONS HEARING OFFICER, pro hac vice, for the
above captioned cases. The Domestic
Relations Hearing Officer shall be compensated at the rate of ONE HUNDRED
DOLLARS ($100.00) per hour.
IT IS FURTHER ORDERED AND DECREED that this
appointment SHALL BE VACATED upon the entry of a final order.
BY
THE COURT:
_________________________________
ROGER N. NANOVIC, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN RE : ADOPTION OF LOCAL RULE :
SCOPE – ARBITRATION :
ADMINISTRATIVE ORDER NO. 8-2006
AND NOW, this 23rd day of March,
2006, pursuant to
ORDERED and DECREED that, effective immediately,
the
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
2. File two
(2) certified copies and one (1) diskette with the Legislative Reference Bureau
for publication in the
3. File one
(1) certified copy with the
4. Forward
one (1) copy for publication in the
5. Forward one (1) copy to the
6. Keep continuously available for public
inspection a copy of the Order in the Prothonotary's Office.
BY THE
COURT:
_________________________________
ROGER N. NANOVIC, P.J.
All civil cases where the amount in controversy (exclusive of interest and costs) shall be Thirty-Five Thousand ($35,000.00) Dollars or less, except those involving title to real estate, shall first be submitted to a Board of Arbitrators in accordance with Section 7361 of the Judicial Code, 42 Pa.C.S.A. §7361. The amount in controversy shall be determined from the pleadings. The Court may on its own motion or upon the motion of any parties strike from the trial list and certify for arbitration any case which should have been arbitrated in the first instance.
Effective 3/23/06
IN THE COURT OF COMMON PLEAS OF
CARBON COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS ACTION
IN
RE: APPOINTMENT OF :
DOMESTIC
RELATIONS : NO. 249
DR 99
HEARING
OFFICER, :
PRO HAC VICE
:
ADMINISTRATIVE ORDER NO. 9-2006
AND
NOW, this 1st day of May, 2006, the Court being advised that William Schwab,
Domestic Relations Hearing Officer, has a conflict of interest in cases #249 DR
99 Tamara L. Zinck vs. Troy S. Herman, PACSES #643101230, it is hereby
ORDERED AND DECREED
that Kim Roberti, Esquire is hereby APPPOINTED DOMESTIC RELATIONS HEARING
OFFICER, pro hac vice, for the above captioned cases. The Domestic Relations Hearing Officer shall
be compensated at the rate of ONE HUNDRED DOLLARS ($100.00) per hour.
IT IS FURTHER ORDERED
AND DECREED that this appointment SHALL BE VACATED upon the entry of a final
order.
BY
THE COURT:
________________________________
ROGER N. NANOVIC, P.J.
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CRIMINAL DIVISION
IN RE: INTERMEDIATE
PUNISHMENT PLAN : NO. CP-13-AD-0000003-2006
(Old number 057 MI 93)
ADMINISTRATIVE ORDER NO. 10 - 2006
AND NOW, this 8th day
of May, 2006, in order to modify policy and procedure for the
ORDERED and DECREED that, effective July 1, 2006, 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
2. File two
(2) certified copies and one (1) diskette with the Legislative Reference Bureau
for publication in the
3. File one
(1) certified copy with the
4. Forward
one (1) copy for publication in the
5. Forward one (1) copy to the
6. Keep continuously available for public
inspection copies of the Order and Rule in the Clerk of Court’s Office.
BY
THE COURT:
_______________________________
ROGER N. NANOVIC, P.J.
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 fell 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.
Polity 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, nonviolent" 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
60 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 3 7 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 drag 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 PaC.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 PaC.S.A. §9724 (relating to partial confinement) or
total
confinement pursuant to 42
PaC.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 PaC.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.
Eligible Driving Under Suspension - DUI Related Offender: Any person receiving a penalty imposed pursuant to 75 Pa C.S. § 1543 (b) (relating to driving while operating privileges is suspended or revoked), 3804 (relating to penalties) or 3808 (a) (2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) may only be sentenced to an intermediate punishment program in:
1. A house arrest program coupled with a home electronic monitoring program, combined with drug and alcohol
treatment, if recommended.
Other Eligible Offenses: An offender convicted of Fleeing or Attempting to Elude Police Officer pursuant to 75 PaC.S.A. §3733, Habitual Offenders pursuant to 75 PaC.S.A. §6503.1, Driving Under Suspension-DUI Related pursuant to 75 PaC.SA. § I543(b)(l) and Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock pursuant to 75 Pa. C.S.A. § 3808 are eligible for home electronic monitoring under the following circumstance:
a When there is no accident involved in the incident.
b. When there is no alcohol related offenses involved with the incident.
c. When the safety of the community was not placed at great risk during the incident.
d. See Miscellaneous Eligibility Criteria
Ineligible Offenders
Pennsylvania law states that any person with a current conviction or a prior conviction within the past ten years of certain targeted offenses shall be ineligible under a sentence of intermediate punishment (See 42 PaC.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.CS. § 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.
Ineligible Driving Under Suspension —DUI
Related Offenders
Unless otherwise court ordered, the following Driving Under Suspension - DUI Related offenders are declared ineligible for participation in Carbon County's home electronic monitoring program:
1. 75 Pa C.S.A. § 1543 (b)(l. l)(ii) (relating to second violation).
2. 75 Pa C.S.A. § 1543 (b)(l. l)(iii) (relating to third or subsequent violation).
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 within the past ten (10) years from date of instant
offense.
12. An offender who did not possess a valid
driver's license at the time of the arrest and is under suspension pursuant
to 75 Pa.C.S.A.§ 1543 (b).
13. 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.
14. 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.
15. An
offender who resides outside the Commonwealth of Pennsylvania.
16. 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.CS. 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.CS.A §3802
b. former section 75 Pa.CSA. § 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.
Requirements for Driving While Operating
Privilege is Suspended or Revoked – DUI Related
Drug and Alcohol Assessments: Any person receiving a penalty imposed pursuant to 75 Pa. C.S. § 1543 (b) (relating to driving while operating privileges is suspended or revoked), 3804 (relating to penalties) or 3808 (a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) shall undergo an assessment under 75 Pa.CS. § 3814 (relating to drug and alcohol assessments) and is recommended for participation in an intermediate punishment program shall, prior to sentencing be subject to a full assessment for alcohol and drug addiction.
Drug and Alcohol Treatment: If the defendant is determined to be in need of drug and alcohol treatment, a sentence to intermediate punishment shall include participation in drug and alcohol treatment under 75 Pa.C.S. § 3815 (c) (relating to mandatory sentencing). If the defendant is determined not to be in need of drug and alcohol treatment, then the defendant may only be sentenced to house arrest with electronic monitoring.
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 two (2) days of incarceration, which period of
imprisonment shall be served on
consecutive days.
3.
After
completion of the two (2) 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.
Alter completion
of the thirty (30) days of imprisonment, the defendant shall serve the
remaining sixty (60) days
on home electronic
monitoring.
4. High Rate of Alcohol- Third Offense: Pursuant to 75 PaC.SA. § 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.
Upon a determination of eligibility for participation in the home electronic monitoring program, the defendant shall be sentenced as follows:
1.
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.
2.
The
defendant shall serve the remaining portion of the mandatory minimum sentence
of ninety (90) days on home
electronic monitoring.
Driving While Operating Privilege is Suspended or Revoked - Driving Under the Influence Related: An offender with a first conviction pursuant to 75 PaC.S.A. § 1543 (b)(l) and 75 PaC.S.A. § 1543 (1. l)(i) 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 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.
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 die 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 pursuantto42PaC.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.CS. § 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
DOMESTIC RELATIONS DIVISION
IN RE : ADOPTION OF LOCAL RULES :
ALTERNATE HEARING PROCEDURES :
No. 1 DR 2006
AND 1910.12 OFFICE CONFERENCE. :
HEARING. RECORD. EXCEPTIONS. :
ORDER :
ADMINISTRATIVE ORDER NO. 11-2006
AND NOW, this 11th day of May, 2006,
pursuant to
ORDERED and DECREED that,
effective July 1, 2006,
the
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
2. File two (2) certified copies and one
(1) diskette with the Legislative Reference Bureau for publication in the
3. File one (1) certified copy with the
4. Forward one (1) copy for publication in
the
5.
Forward one (1) copy to the
6.
Keep continuously available for
public inspection a copy of the Order in the Domestic Relations’ Office.
BY
THE COURT:
_______________________________
ROGER N. NANOVIC, P.J.
RULE 1910.10 –
ALTERNATE HEARING PROCEDURES
Pursuant to Pennsylvania Rule of
Civil Procedure 1910.10, the Carbon County Court of Common Pleas hereby adopts
the alternative hearing procedures set forth in Pennsylvania Rule of Civil
Procedure 1910.12.
Effective
7/1/06
RULE 1910.12 – OFFICE CONFERENCE. HEARING.
RECORD. EXCEPTIONS. ORDER
When
Exceptions are filed to the report of a Hearing Officer, the party filing the exceptions
shall, within ten (10) days of the filing of the Hearing Officer’s report,
arrange for the transcribing of the testimony of the hearing before the Hearing
Officer in accordance with Carbon County Local Rule of Judicial Administration
5000.5 for filing with the Court. Said
party shall pay the stenographer for the transcript in accordance with Carbon
County Local Rule of Judicial Administration 5000.7. Absent good cause shown, failure of the
excepting party to arrange for the transcript and pay the cost thereof, as
provided herein, shall result in the dismissal of said Exceptions by the Court
upon motion.
Effective 7/1/06
IN THE COURT OF COMMON PLEAS OF
DOMESTIC RELATIONS ACTION
IN
RE: APPOINTMENT OF :
DOMESTIC
RELATIONS : NO. 400
DR 04
HEARING
OFFICER, :
PRO HAC VICE :
ADMINISTRATIVE ORDER NO. 12-2006
AND NOW, this 31st day of May, 2006, the Court
being advised that William Schwab, Domestic Relations Hearing Officer, has a conflict
of interest in cases #400 DR 04 Beverly A. Heiney vs. Thomas G. Heiney, PACSES
#981106923, it is hereby
ORDERED AND DECREED that Kim Roberti, Esquire
is hereby APPPOINTED DOMESTIC RELATIONS HEARING OFFICER, pro hac vice, for the
above captioned cases. The Domestic
Relations Hearing Officer shall be compensated at the rate of ONE HUNDRED
DOLLARS ($100.00) per hour.
IT IS FURTHER ORDERED AND DECREED that this
appointment SHALL BE VACATED upon the entry of a final order.
BY
THE COURT:
_______________________________
ROGER N. NANOVIC, P.J.
IN THE COURT OF
COMMON PLEAS OF
CRIMINAL
DIVISION
IN RE: ADOPTION
OF
LOCAL
RULE OF CRIMINAL PROCEDURE :
117
– COVERAGE: ISSUING WARRANTS; :
PRELIMINARY
ARRAIGNMENTS AND :
NO. CP-13-AD-0000004-2006
SUMMARY
TRIALS; AND SETTING AND : (Old No. 103 MI 00)
ACCEPTING
BAIL and LOCAL RULE OF :
CRIMINAL
PROCEDURE 150 -- BENCH :
WARRANTS :
ADMINISTRATIVE
ORDER NO. 13-2006
AND NOW, this 21st day of June, 2006, pursuant to Pa.R.Crim.P. 117 and
150, it is hereby
ORDERED and DECREED, that effective August 1,
2006, the
The Carbon County District Court Administrator
is ORDERED and DIRECTED to do the following:
1. File
seven (7) certified copies of this Administrative Order and Rule with the
Administrative Office of
2. File
two (2) certified copies and one (1) diskette with the Legislative Reference
Bureau for publication in the
3. File
one (1) certified copy with the
4. Forward
one (1) copy for publication in the
5. Forward
one (1) copy to the
6. Keep
continuously available for public inspection copies of this Administrative
Order and Rule in the Clerk of Court’s Office.
BY
THE COURT:
_______________________________
ROGER N. NANOVIC, P.J.
1. All Magisterial District Judge Offices
shall be open for regular business on Mondays through Fridays, excluding
holidays, from 8:30 A.M. to 4:30 P.M., prevailing time.
2. Continuous coverage for the issuance of search warrants and
arrest warrants, for warrants issued pursuant to Pa.R.Crim.P 430 in a summary
case, for the issuance of emergency orders under the Protection From Abuse Act,
and for those services set forth in Pa.R.Crim.P. 117 (A) (2) (a), (b), (c) and
(d) (e.g., for the holding of preliminary arraignments and summary trials, and
for the setting and accepting of bail and collateral) shall be in accordance
with the traditional on-call system as presently established. The President Judge shall establish the
schedule of assignment of Magisterial District Judges to on-call duty.
3. Magisterial District Judges, the Clerk of Courts and the
Warden, or in his absence, the Deputy Warden or Sergeant in charge of the
Carbon County Correctional Facility, shall be authorized to accept bail in
accordance with the provisions, and subject to the limitations, of the
Pennsylvania Rules of Criminal Procedure.
Effective 8/1/06
1.
When an
individual is committed to the Carbon County Correctional Facility pursuant to
a bench warrant, he/she shall be detained pending a bench warrant hearing. The Warden, or his designee, shall notify the
Carbon County District Court Administrator, District Attorney, Public Defender
or Private Counsel (if known), Sheriff, and Carbon County Pretrial Services
within 12 hours of the fact of such commitment.
2.
Upon receipt of
notice, the District Court Administrator shall promptly schedule a bench
warrant hearing for bench warrants issued by a Common Pleas Judge.
3.
The Carbon County
Correctional Facility shall arrange to have the committed prisoner available
for video conference at the appointed hour.
4.
A court reporter
shall be assigned to each hearing.
If the bench warrant hearing
does not occur within 72 hours of commitment or by the close of the next
business day if the 72 hours expires on a non-business day, the Carbon County
Correctional Facility shall release said individual by operation of law.
Effective 8/1/06
IN THE COURT OF
COMMON PLEAS OF
CIVIL DIVISION
IN RE : AMENDMENT
OF LOCAL RULE :
OF
CIVIL PROCEDURE 1301 : 04-1727
SCOPE
– ARBITRATION :
ADMINISTRATIVE ORDER NO. 15-2006
AND NOW, this 9th
day of August, 2006, pursuant to
ORDERED and DECREED
that, effective September 15, 2006, the
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
2. File
two (2) certified copies and one (1) diskette with the Legislative Reference
Bureau for publication in the
3. File
one (1) certified copy with the
4. Forward
one (1) copy for publication in the
5.
Forward one (1) copy to the
6.
Keep continuously available for public inspection
a copy of the Order in the Prothonotary's Office.
BY
THE COURT:
_______________________________
ROGER N. NANOVIC, P.J.
All civil cases where the amount in controversy (exclusive of interest and costs) shall be Fifty Thousand ($50,000.00) Dollars or less, except those involving title to real estate, shall first be submitted to a Board of Arbitrators in accordance with Section 7361 of the Judicial Code, 42 Pa.C.S.A. §7361. The amount in controversy shall be determined from the pleadings. The Court may on its own motion or upon the motion of any parties strike from the trial list and certify for arbitration any case which should have been arbitrated in the first instance.
Effective 9/15/06
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CIVIL DIVISION
IN RE : AMENDMENT
OF LOCAL RULE :
FILING LEGAL PAPERS WITH THE :
PROTHONOTARY :
ADMINISTRATIVE ORDER NO. 16-2006
AND NOW, this 21st day of August, 2006, in order to incorporate the increased arbitration limit pursuant to 42 Pa.C.S.A., Section 7361 on the Civil Cover and Instruction Sheet that is required to be attached to all new actions and make modifications to the Civil Motion Cover Sheet, it is hereby
ORDERED
and DECREED that, effective September 15, 2006 and upon publication on the
Pennsylvania Judiciary’s Web Application located at
http://ujsportal.pacourts.us, Form A of Carbon County Local Civil Rule of
Procedure CARB.R.C.P.205.2(b) is AMENDED as attached hereto.
The Carbon County District Court
Administrator is ORDERED and DIRECTED to do the following:
1.
File one (1)
certified copy with the
2.
Electronically
submit to the Administrative Office of
3.
Forward one
(1) copy for publication in the
4.
Forward one
(1) copy to the
5.
Keep
continuously available for public inspection copies of the Order in the
Prothonotary’s Office.
BY
THE COURT:
_______________________________
ROGER N. NANOVIC, P.J.
RULE
205.2(b) - FILING LEGAL PAPERS WITH THE PROTHONOTARY.
Pursuant
to this rule, a Civil Cover Sheet marked Form “A”, shall be attached to any
document commencing an action (whether the action is commenced by Complaint,
Writ of Summons, Notice of Appeal, or by Petition) in the Prothonotary's
office.
A Motion Cover Sheet, marked Form “B”, shall be attached
to any motion or petition being filed.
Effective 9/15/06
Court of Common Pleas of
Civil Cover Sheet |
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For Prothonotary Use only (Docket Number) |
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A. PLAINTIFF’S NAME: |
DEFENDANT’S NAME: |
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PLANTIFF’S ADDRESS & TELEPHONE NUMBER: |
DEFENDANT’S ADDRESS AND TELEPHONE NUMBER: |
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PLAINTIFF’S NAME: |
DEFENDANT’S NAME: |
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PLANTIFF’S ADDRESS & TELEPHONE NUMBER: |
DEFENDANT’S ADDRESS & TELEPHONE NUMBER: |
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TOTAL NUMBER OF PLAINTIFFS |
TOTAL NUMBER OF DEFENDANTS |
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B. AMOUNT IN CONTROVERSY___ $50,000 or less ___ More than $50,000 |
C. Commencement
of Action ___ 1. Complaint ___ 2. Writ of Summons ___ 3. Notice of Appeal ___ 4. Petition Action |
D. CASE PROCESS___ 5. Arbitration ___ 6. Jury ___ 7. Non Jury ___ 8. Class Action
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E.
TRACK ASSIGNMENT REQUESTED
(CHECK ONE) COURT HAS
FINAL APPROVAL FOR ALL TRACK ASSIGNMENTS |
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_____ FAST
_____ STANDARD _____
COMPLEX If complex, state reasons: |
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F.
CODE
AND CASE TYPE (See instructions)
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G. CODE AND CASE SPECIFIC (See instructions) |
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H. STATUTORY BASIS FOR CAUSE OF ACTION (See instructions) |
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I. RELATED PENDING CASES |
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J. TO THE PROTHONOTARY: Kindly enter my
appearance on behalf of Plaintiff/Petitioner/Appellant. Papers may be served
at the address set forth below. |
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NAME OF PLAINTIFF’S/APPELLANT’S ATTORNEY |
ADDRESS |
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PHONE NUMBER |
SUPREME COURT IDENTIFICATION NUMBER |
E-MAIL ADDRESS: _________________________________________________________________ FAX NO. (OPTIONAL – FOR
SERVICE): |
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DATE: _____________________________ SIGNATURE:
_____________________________________________________
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Instructions for Completing Civil Cover Sheet
The attorney (or
pro se party) filing a case shall complete the form as follows:
A.
Parties
i.
Plaintiff(s)/Defendant(s)
Enter names (last, first, middle initial) of plaintiff
and defendant. If the plaintiff or defendant is a government agency or
corporation, use the full name of the agency or corporation. In the event there
are more than two plaintiffs and/or two defendants, list the additional parties
on a separate sheet of paper. Husband and wife should be listed as separate
parties.
ii.
Parties' Addresses and Telephone Numbers
Enter the address and telephone numbers of the parties
at the time of filing of the action. If any party is a corporation, enter the
address and telephone number of the registered office of the corporation.
iii.
Number of Plaintiffs/Defendants
Indicate the total number of plaintiffs and the total
number of defendants in the action.
B.
Amount in Controversy
Check the appropriate box. Indicate whether an
Assessment of Damages Hearing is required.
C.
Commencement of Action
Indicate type of document to be filed to initiate the
action.
D.
Other
Indicate whether the case is an arbitration, jury or
non-jury case. Check any other appropriate boxes. If the action will require
the entry of an Order approving a minor/incapacitated person's compromise,
wrongful death or survival action, check the appropriate box.
E.
Track Assignment – COURT HAS FINAL APPROVAL FOR ALL
TRACK ASSIGNMENTS
If you are requesting the Complex track, please
indicate the reasons for your request.
F.
Type of Action - Case Type
Select and insert the applicable case type and code from the first two columns
of the following list:
Code Case
Type Code Case Type Code Case Specific Code Case
|
@ |
Asbestos
Case |
9 |
Mandamus |
001 |
Assault/Battery |
005 |
M V Prop Damage |
|
X |
Assessment Appeal |
# |
Miscellaneous |
018 |
Class Action |
009 |
Negotiable Instrument |
|
A |
Civil Action |
F |
Mortgage Foreclosure |
015 |
Consumer Credit |
032 |
Partition |
|
= |
Consumer Protection-Assur- |
$ |
Municipal Appeal |
019 |
Contract – Construction |
002 |
Premises Liability |
|
|
ance Voluntary Compliance |
7 |
Name Change |
011 |
Contract - |
003 |
Personal Injury |
|
C |
Custody |
Q |
Quiet Title |
012 |
Contract – Other |
027 |
Product Liability |
|
1 |
Declaratory Judgment |
R |
Replevin |
025 |
Defamation |
022 |
Prof.Malprac.Liability Actn |
|
D |
Divorce |
! |
Tax |
035 |
Discrimination |
006 |
Property Damage (non-veh) |
|
B |
DJ Appeal |
V |
Zoning Appeal |
030 |
Employment/Wrongful Disc. |
010 |
Recov. Overpaymt. |
|
W |
Ejectment |
|
|
043 |
Equity |
013 |
Rent/Lease/Ejectment |
|
N |
Eminent Dom./Dec. of Tak. |
|
|
016 |
Fraud |
039 |
Right to Know |
|
2 |
EminentDomain/Pet.Viewers |
|
|
040 |
Indirect Criminal Contempt |
024 |
Stockholder Suit |
|
L |
License Appeal |
|
|
008 |
Insurance-Declar. Judgment |
014 |
Title to Real Property |
|
|
|
|
|
034 |
Malicious Prosecution |
004 |
Torts to Land |
|
|
|
|
|
033 |
Mechanic’s Lien |
023 |
Toxic Tort-Pers. Injury |
|
|
|
|
|
042 |
Medical Prof. Liability Action |
031 |
Toxic Waste/Environ. |
|
|
|
|
|
007 |
Motor Veh. Accdt.>$25,000 |
021 |
Wast/Contam/Env |
|
|
|
|
|
037 |
Motor.Veh. Accdt.<$25,000 |
|
|
G. Case Specific
Insert applicable case specific and code from the last
two columns of the above list.
H. Statutory Basis for Cause of Action
If the action is commenced
pursuant to statutory authority ("Petition Action"), the specific
statute must be cited.
I.
Related Pending Cases
All previously filed related
cases must be identified. Indicated whether they have been consolidated by
Court Order or Stipulation.
J.
Plaintiff's/Appellant's/Petitioner's Attorney - Entry of Appearance
The name of filing party's attorney must be inserted,
together with the other required information.
Unrepresented filers must provide their name, address, telephone number
and signature. Providing the fax number shall authorize the
service of legal papers by facsimile transmission. See Pa.R.CP.440(d)
CARBON COUNTY COURT OF COMMON PLEAS
CIVIL DIVISION
MOTION COVER SHEET
NO.
vs.
FILING OF:
Movant (
)
Respondent ( )
TYPE OF FILING (check one):
( ) 1. Pretrial Discovery Motion (432)
( ) 2. Motion for Discovery in Aid of Execution
(480)
( ) 3. Preliminary Objections to (576)
( ) 4. Motion for Summary Judgment (306)
( ) 5. Motion for Judgment on Pleadings (294)
( ) 6. Motion for Leave to Join Additional
Defendant (403)
( ) 7. Motion for TRO or Preliminary Injunction
(438)
( ) 8. Petition to Open or Strike Judgment (498)
( ) 9. Motion for Alternative Service (409)
( )10. Motion
for Leave to Amend (465)
( )11. Motion
to Consolidate Actions (424)
( )12.
Petition to Compromise Minor's Action (435)
( )13. Motion
for Leave to Withdraw (510)
( )14. Motion
for Reconsideration (441)
( )15. Motion
for Advancement on Trial List (404)
( )16. Other
Motion or Petition (specify):
OTHER
PARTIES:
Attorney's Name (Typed)
Attorney for:
( )Movant ( )Respondent
N.B. The
numbers after the Motion or Petition above are docket codes used in the Court
Computer System. Please be precise when
checking your Motion or Petition.
Effective 9/15/06
IN THE COURT OF COMMON PLEAS OF CARBON
COUNTY, PENNSYLVANIA
CIVIL DIVISION
CRIMINAL DIVISION
ORPHANS COURT
JUVENILE COURT
IN
RE : AMENDMENT
OF FEE SCHEDULE : 06-2715
& 06-9278
: CP-13-AD-0000006-2006
: and 71 MI 04)
COURT :
ADMINISTRATIVE ORDER NO. 17-2006
AND NOW, this 21st day of August, 2006, in order to establish a reasonable rate for counsel appointed by the Court, it is hereby
ORDERED
and DECREED that, effective January 1, 2007, Carbon County AMENDS the fee
schedule for court appointed counsel in all types of cases except homicide
cases to the rate of Fifty Dollars ($50.00) per hour for time expended in Court
and Forty Dollars ($40.00) per hour for time expended out of Court. Homicide cases shall be established at the
rate of Seventy-Five Dollars ($75.00) per hour for time expended in Court and
Fifty Dollars ($50.00) per hour for time expended out of Court. All compensation payments shall be 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
2. File
two (2) certified copies and one (1) diskette with the Legislative Reference
Bureau for publication in the
3. File
one (1) certified copy with the Pennsylvania Civil Procedural Rules Committee,
Pennsylvania Criminal Procedural Rules Committee, Pennsylvania Orphans Court
Procedural Rules Committee and Pennsylvania Juvenile Court Procedural Rules
Committee.
4. Forward one (1) copy for publication in
the
5. Forward one (1) copy to the
6. Keep continuously available for public
inspection copies of the Order in the Prothonotary’s Office, Clerk of Courts
Office, Juvenile Court and
BY THE COURT:
_______________________________
ROGER N. NANOVIC, P.J.
IN
THE COURT OF COMMON PLEAS OF
CRIMINAL
DIVISION
IN
RE: SUMMONING OF JURORS :
:
No.
CP-13-AD-0000007-2006
FOR
CARBON COUNTY :
:
JURY
SELECTION :
ADMINISTRATIVE ORDER NO. 21-2006
AND NOW, this 23rd day
of October, 2006, 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 three hundred fifty (350) names for the scheduled Terms
of Court for 2007 with the exact number of jurors reporting to be determined by
the Court prior to the beginning of trials.
BY
THE COURT:
ROGER N. NANOVIC, P.J.