Nonmonetary conditions of bail shall be as established by Pa. R.Crim.P. 527, this rule and Local Rule 524. A bail supervision program is established. Procedures, protocol, forms and conditions of bail shall be as described by the program. Until changed by administrative order, description and scope of the program, protocol, procedure and conditions of bail shall conform to the following (numbering is for purposes of organization):
ADAMS COUNTY SUPERVISED BAIL PROGRAM
The supervised bail program is meant to alleviate overcrowding in Adams County Prison by allowing qualified defendants to remain free on bail pending resolution of charges. The aim of the program is to ensure public safety and a defendant's appearance and compliance with conditions of his or her bail bond. The program is not intended as a rehabilitative tool, but rehabilitative conditions may be imposed when there is a substantial likelihood that:
Intake procedure by the Probation Office involving supervised bail may be categorized as follows:
If a judge or district justice admits a defendant into the program when the Probation Office is open, defendant shall be referred to the office before being released. When the office is closed, low risk defendants may be temporarily released, after signing all necessary acknowledgements, agreements and consents, on condition that he or she report to the Probation Office no later than 2:00 p.m. the next business day following release. In all cases, the Probation Office shall provide the District Attorney with an opportunity to comment upon bail and to request conditions.
Classification and entitlement to supervised bail shall differ between low risk assessments and regular and more restrictive supervision as follows:
When defendant has been referred for an assessment, the Probation Office shall evaluate the defendant, confer with the District Attorney and promptly notify the referring judge or district justice of its recommendations. The report shall include:
No defendant shall be released on supervised bail until he or she has read, acknowledged understanding, agreed to comply with and signed supervised bail conditions and rules. Failure to do so will be deemed a rejection of supervised bail. The Probation Office shall promptly notify the appropriate judge or district justice of defendant's rejection, when the refusal occurs in the Probation Office.
District Justices shall notify the Probation Office by phone or fax when they have placed a low risk defendant on supervised bail. Copies of all orders and forms shall be promptly provided. Efforts should be made to avoid having defendants ''just show up'' at the Probation Office without the prior knowledge of that office. District Justices shall also promptly provide the Probation Office with copies of orders in all cases where supervised bail is authorized, or where assessments are ordered.
The Probation Office shall periodically review admissions to the Adams County Prison to determine if any prisoners may be eligible for supervised bail. A probation officer may contact the President Judge or appropriate district justice with pertinent information and recommendations. In appropriate cases, a probation officer may assist prisoners in preparing and submitting bail applications, acknowledgements and consents. The District Attorney shall be provided an opportunity to agree or object to supervised bail.
The Probation Office shall assess defendants to determine the level of necessary supervision and, after input from the District Attorney, shall recommend a particular level and special conditions, if any, to the bail authority. Levels may subsequently be changed upon recommendation of the Probation Office and approval of the bail authority. When restrictions are decreased, defendant's consent shall not be required. When restrictions are increased, defendant must agree, after being notified that failure to agree will be considered a rejection and rescission of supervised bail.
Levels will generally conform to the degree of supervision provided defendants released on probation or parole. In assessments for purposes of recommending a particular level, the Probation Office shall consider bail factors listed in Pa. R.Crim.P. 4002, impressions garnered during interviews, and other factors as may be set forth in this document. The office shall recommend one of four levels, which are:
The Probation Office shall maintain regular and appropriate records regarding defendant's supervision and compliance with bail conditions.
The initial home visit/field contact shall take place within 3 working days of receipt of the case. The purpose of this contact is to verify the residence, obtain a layout of the residence, verify all occupants of the residence, and determine whether the possibility exists that weapons or illegal contraband might exist within the residence and determine whether the residence is a suitable environment.
Contact with local law enforcement authorities as well as treatment providers shall be encouraged in order to enhance the community supervision and monitoring of the defendant. Information shall be sought concerning adjustment in the community and compliance with bail conditions
The following conditions, as set forth in Local Crim. Rule 705.1.d, shall apply to all defendants. 1a. b.; 3a. b. c. d. e. f.; 4a. b. c.; 7a. c. d.; 8. Other conditions shall apply if specifically ordered. If defendant is under the age of 21, condition 1 c shall apply.
This type of supervision will be ordered when a defendant presents a low risk of violating bail conditions and does not pose a threat to the community, but regular bail without monetary conditions may not guarantee defendant's required appearances, and defendant is unable to post such regular bail. Defendants under the age of 21 shall be subject to special condition 1c. Typically, defendant shall be required to report frequently by telephone and to periodically appear either at the Probation Office or to a local police department. Defendant shall be required to submit to random tests of blood, breath or urine to detect the presence of controlled substances and to pay a $10.00 test fee. The right to travel beyond a 150-mile radius of the Adams County Courthouse shall be subject to at least ten days prior notice to the Probation Office. The Probation Office shall then notify defendant within three working days if it forbids, or approves such travel as well as any conditions it imposes.
Notice given orally to defendant shall suffice.
This type of supervision will be ordered when defendant presents a moderate risk of non-compliance and will typically conform to supervision provided persons released on probation or parole for non-violent crimes, which are relatively minor in nature. Some felonies, such as forgery, may be included and some misdemeanors, such as indecent assault, may be excluded. Simple assaults may be included, depending upon the circumstances. Gradation of the offense shall not, in itself, be dispositive. Reporting requirements may not significantly differ from low risk supervision, but other conditions, such as prohibition of alcohol consumption, and drug and alcohol assessment may be added. The following are additional considerations:
minimal or no prior delinquent or criminal history some history of mental or emotional disorders or drug/alcohol abuse but no present indications of such issues defendant has responded favorably to previous supervision defendant is employed or provides care for childrenThere will be bi-weekly personal contact with the defendant. Telephone contact shall occur on a more frequent basis, as needed. Contact may either be with the Probation Office or a local police department, if authorized by court order or by the Probation Office.
The Probation Office shall conduct a minimum of one curfew check weekly and one home visit per month.
If bail conditions prohibit consumption of alcoholic beverages, defendant must pay a test fee and submit to random tests of his or her blood, breath or urine to detect the presence of controlled substances and/or alcohol. Test indication of the presence of alcohol or illegal controlled substances shall be grounds for rescission of supervised bail. Defendant may be ordered to undergo a drug and alcohol assessment/evaluation to determine the need for appropriate treatment and to participate in recommended treatment. Standard conditions hereinafter recited shall be modified as follows:
Curfew--11:00 PM - 6:00 AM, unless special permission granted by Probation Officer or defendant is working at approved employment.
Travel limitations--Unless his or her bail conditions specify otherwise, a defendant may travel freely within a one hundred fifty-mile radius of the Adams County Courthouse, so long as the defendant remains within Pennsylvania and no approval is necessary. A defendant may request, as a part of his or her application, permission to travel beyond Pennsylvania, and if the request is granted, not further authorization will be needed. Otherwise, defendant must have the bail authority or a Probation Officer's permission to leave the Commonwealth. In any event, he or she must have such approval to travel beyond a one hundred and fifty-mile radius measured from the Adams County Courthouse.
Employment/Education/Training--If employed, must maintain employment.
If unemployed, and if health permits, defendant must actively seek employment. The Probation Officer may require completion and weekly submission of job search applications. Defendant must continue schooling and/or job training if enrolled.
The following criteria shall be considered in determining whether special conditions of probation as set forth in Local Crim. Rule 705.1(d) and being 1 c. d. e; 2 b. d., (which relate to consumption of alcoholic beverages, counseling and evaluation), should be imposed are:
defendant has a history of criminal involvement with alcohol or controlled substances, such as a prior DUI conviction. police information indicates that alcohol or drug consumption was involved in the crime charged. This factor includes indications that defendant may have committed the crime while under the influence or was motivated by a desire to procure controlled substances and/or alcoholic beverages, or that the crime involves the use of controlled substances. defendant is charged with DUI and his or her blood alcohol concentration was .20 percent or greater. defendant has indicated symptoms of mental or emotional impairment, such as disorientation, confusion, incoherence, or inability to focus, think and speak rationally.The Probation Office shall maintain one face to face contact, either in the office or community setting, and one collateral contact weekly with the defendant. [Collateral contact is communication with the defendant by the telephone or communication in some manner with another person having regular contact with defendant, such as a local law enforcement officer, treatment specialist/provider, family member, etc.] The probation officer shall conduct a minimum of one curfew check per week as well as a minimum of two home visits per month on defendant.
The following conditions shall apply:
Drug testing/breathalyzer--minimum of one Breathalyzer and one urinalysis test per week. Random testing as deemed appropriate by the Pretrial Officer
Curfew--10:00 PM - 6:00 AM Sunday through Thursday unless working at approved employment 11:00 PM - 6:00 AM Friday and Saturday unless working at approved employment
Travel limitations--Within Adams County there shall be no restrictions as to travel and no approval is necessary, as long as defendant complies with other conditions, such as curfew.. Outside County - Defendant must have Probation Officer's permission to leave Adams County.. Requests for deviation must be submitted at least ten days in advance and the Probation Office shall have three working days to approve, with or without conditions, or disapprove the request.
Employment/Education/Training--Must maintain employment. If unemployed, and if physically able, must actively seek employment and complete job search forms. [Minimum of one per week] Must continue schooling if enrolled in school and continue educational pursuits as appropriate.
If ordered, the following condition will apply:
Evaluation and treatment Services - Defendant will undergo a drug and alcohol and/or mental health evaluation to determine the need for appropriate treatment, and shall follow the recommendations resulting from the evaluation.
House arrest, with or without electronic monitoring is the most restrictive form of supervised bail. All conditions of restrictive supervision shall apply, as modified by more restrictive conditions. Defendant shall be confined to his or her residence and shall not be permitted to leave except for purposes and at such times as specifically authorized by the Probation Office. Defendant must keep the Probation Office informed of his or her whereabouts at all times.
House arrest may be ordered when charges involve serious crimes, where defendant has failed to comply with less restrictive conditions, or presents a threat to commit other crimes or to abscond. It involves situations where supervised bail would not normally be considered, but defendant's employment or family situation provides a degree of assurance that defendant will comply with conditions of his bail. It may also be ordered when defendant's trial has been delayed, and regular bail imposes a financial hardship on defendant and/or his family. All travel must be approved by the defendant's Probation Officer.
Until changed by administrative order, the following forms are adopted.
APPLICATION, ACKNOWLEDGEMENT AND CONSENT
I hereby apply for release on supervised bail. I agree to pay fees associated with the Supervised Bail Program. I understand that I will be subject to supervision by Adams County Probation Office. I acknowledge that conditions of supervised bail have been explained to me and that I understand them. I also understand that additional conditions may be imposed in the future, and agree to comply with all conditions. I understand that if I refuse to agree to additional conditions or an increase in my supervision level, supervised bail may be rescinded and I shall be subject to imprisonment until I have posted regular bail.
I further acknowledge specific understanding of the following:
If an Adams County Probation Officer has reasonable grounds to believe that I have violated conditions of supervised bail, the officer has absolute authority to declare supervised bail rescinded and to arrest and commit me to prison. If this happens, I have the right to post regular bail that has been set in addition to supervised bail, and to request a hearing to ask that the rescission be set aside, or that regular bail be modified or changed. The Probation Officer may also request a hearing to ask that monetary conditions of my supervised bail be forfeited, and/or that both supervised and regular bail be revoked. Conditions of supervised bail shall include conditions of probation and parole, 1a. b.; 3a. b. c. d. e. f; 4a. b. c.; 7a. c. d.; 8; and___I agree to comply with all conditions of supervised bail, including conditions of my bail bond.
I also agree:
_________
Defendant
_________
Date
_________
Probation Officer
Form of Order
(Caption)
And Now, _________, 20___, bail is set in the sum of $_____. Cash percentage bail [ ] is [ ] is not available. Bail shall be subject to requirements of local and state rules of Court and law, and the following special conditions (if none, write none):
______________
______________
A copy of this order shall be provided defendant, Adams County Prison and the Adams County Probation Office.
The following apply, if checked:
[ ] Defendant is released on supervised bail, subject to conditions in his application, acknowledgement and consent and subject further to his appearance at Adams County Probation Office no later than 2:00 p.m. on _______.
[ ] Defendant is notified that he/she may be required to agree to additional conditions after assessment by the Probation Office, in order for supervised bail to continue.
[ ] Defendant may be released on supervised bail after arrangements and proper paper work are completed with the Probation Office, and defendant has signed all necessary forms.
[ ] Defendant is referred to the Probation Office for evaluation and recommendation of eligibility for supervised bail.
[ ] Defendant's obligation to post regular bail as a condition of release [ ] is; [ ] shall upon execution of all forms be, suspended and defendant may be released on alternative supervised bail for as long as defendant complies with conditions of supervised bail, and/or until such bail is rescinded, modified, or revoked. Supervised bail shall be subject to conditions of law, state and local rules of Court, as well as all other conditions incorporated in defendant's application, acknowledgement and consent. In addition, supervised bail shall be subject to the following conditions, as checked:
[ ] ROR [ ] monetary condition in the sum of $, with cash percentage bail [ ] available [ ] not available; [ ] Special conditions:
[ ] payment by defendant of a supervision or monitoring fee of $_______ per ________.
[ ] defendant shall be under a continuing obligation to keep the Probation Officer informed of his employment and financial status.
[ ] house arrest
[ ] electronic monitoring
Any probation officer having reasonable cause to believe that defendant has violated any condition of supervised bail may declare supervised bail to be rescinded and arrest defendant with or without a warrant. Upon arrest, defendant shall be committed to prison pending the posting of regular bail. The probation officer shall promptly file a notice of rescission and arrest with the appropriate court or district justice office and may request revocation of supervised and regular bail, as well as forfeiture of monetary conditions of supervised bail.
Defendant may request that supervised bail be reinstated or that regular bail be modified.
By the Court,
_________
Judge or District Justice
Order of Referral
(to be used when a request for supervised bail is submitted after bail has been set)
(Caption)
And Now,, upon motion of the defendant, the request for supervised bail is referred to the Probation Office. That office shall evaluate defendant, explain the contents of the application, acknowledgment and consent, and when defendant has signed that form, submit a recommendation to this court via the District Attorney, with the form attached.
By the Court,
_________
Judge
Notice of Rescission and Order
(Caption)
To the defendant:
Your supervised bail has been rescinded and you are subject to imprisonment until you have posted regular bail or until supervised bail is reinstated. You have the right
to post regular bail unless and until that bail is revoked. Both you and the Probation Office have the right to demand a hearing. You may either demand that hearing immediately, or file your request promptly with either the court or the district justice who set your bail. Promptness will be determined in light of all circumstances, but generally requires filing within ten days. You may request that supervised bail be reinstated and/or that regular bail be modified or changed. The Probation Office may request that regular bail be revoked and/or that any monetary conditions of your supervised bail be forfeited.
Dated:_____
_________
Probation Officer
I acknowledge receipt of this notice. I [ ] do; [ ] do not request a hearing.
Dated:_____
_________
Defendant
And Now,, a hearing is scheduled for________, in a courtroom to be designated. The Probation Office shall notify all interested persons.
By the Court,
_________
Judge
Forms for internal use may be adopted by the Probation Office at any time.
Probation Office Report
[ ] Defendant has signed all necessary papers and has been released on supervised bail. [ ] Defendant has signed all necessary papers and has not been released on supervised bail.
[ ] Defendant has either not agreed to all conditions, has not signed all necessary papers, or has not appeared as directed by order and supervised bail has been rescinded.
[ ] The Probation Office recommends that special conditions __________be added before defendant is released on supervised bail. Defendant [ ] has [ ] has not agreed to additional conditions.
(The next items to be checked when defendant has been referred to the Probation Office for evaluation and recommendation.)
[ ] The Probation Office recommends that defendant be considered eligible for supervised bail subject to standard conditions of the supervised bail program and additional conditions____.
[ ] The Probation Office recommends that defendant be considered ineligible for supervised bail.
Dated:_____
_________
Probation Officer
District Attorney's Acknowledgment
(In all cases)
I acknowledge that I have received notice of defendant's supervised bail status. (For referral cases only) [ ] I acquiesce in supervised bail [ ] I oppose supervised bail [ ] I do not oppose supervised bail if condition(s) are added.
Dated:______
_________
District Attorney
If defendant conditionally agrees to conditions and level of supervision, but requests that the court modify or change either of them, check here [ ] and have him sign.
Dated:______
_________
Signed (by defendant)
Order
(after referral)
Caption
AND NOW,
The following apply, if checked:
[ ] Defendant's request for supervised bail is denied.
[ ] Defendant may be released on supervised bail subject to conditions in the application, acknowledgment and consent. The court will consider defendant's request for modification on ____, 200, at ____o'clock____ .M. (if applicable).
[ ] Defendant's obligation to post regular bail as a condition of release [ ] is; [ ] shall upon execution of all forms be, suspended and defendant may be released on alternative supervised bail for as long as defendant complies with conditions of supervised bail, and/or until such bail is rescinded, modified, or revoked. Supervised bail shall be subject to conditions of law, state and local rules of Court, as well as all other conditions incorporated in defendant's application, acknowledgement and consent. In addition, supervised bail shall be subject to the following conditions, as checked:
[ ] ROR [ ] monetary condition in the sum of $________, with cash percentage bail [ ] available [ ] not available; [ ] Special conditions: ___________[ ] payment by defendant of a supervision or monitoring fee of $______per ____.
[ ] defendant shall be under a continuing obligation to keep the Probation Officer informed of his employment and financial status.
[ ] house arrest
[ ] electronic monitoring
Any probation officer having reasonable cause to believe that defendant has violated any condition of supervised bail may declare supervised bail to be rescinded and arrest defendant with or without a warrant. Upon arrest, defendant shall be committed to prison pending the posting of regular bail. The probation officer shall promptly file a notice of rescission and arrest with the appropriate court or district justice office and may request revocation of supervised and regular bail, as well as forfeiture of monetary conditions of supervised bail. Defendant may request that supervised bail be reinstated or that regular bail be modified.
By the Court,
_________
Judge
Adm. Cnty. Pa. 527