A.General: Conditions of probation and/or parole may be established or changed by either local rule, specific order relating to a particular case or by administrative order. In addition to other filing requirements, all orders or rules shall be filed in the Clerk's office, and with each District Justice. Conditions identified as standard, by an asterisk, shall apply to all probation, parole or intermediate punishment supervision, unless specifically waived by court order. Special conditions, that is those without an identifying asterisk, shall apply only if checked. Special conditions may be ordered either at the time of sentence, or by order of modification thereafter. Any interested person, including probation officers, the District Attorney, or the defendant may request a modification of conditions at any time. The court may modify conditions after notice to interested parties, and an opportunity to be heard, but requests for modification may be denied without a hearing or prior notice. Interested parties may waive their right to hearing at the time a request is submitted.
B.Programs: Probation officers may require defendants to participate in approved programs, or to engage in therapy or counseling with approved counselors and other personnel, in accordance with Local rule 705. Programs and counselors may also be specially approved by order for specific cases.
C.Sexual Offenders: A judge, either when imposing sentence or upon later request, may direct that the defendant be classified as a sexual offender (SO) and be subject to special conditions identified as SO conditions. Conviction of any of the following crimes shall indicate a need for such classification:
(All references are to the Crimes Code, 18 Pa.C.S.A)
§ 2709(b), Stalking;
§ 2910, Luring a Child into a Motor vehicle;
§ 3121, Rape;
§ 3122.1, Statutory Sexual Assault;
§ 3123.1, Involuntary Deviate Sexual Intercourse;
§ 3124.1, Sexual Assault;
§ 3124.2, Institutional Sexual Assault;
§ 3125, Aggravated Indecent Assault;
§ 3126, Indecent Assault;
§ 3127, Indecent Exposure,
§ 5506, Loitering and Prowling at Night;
§ 5901, Open Lewdness;
§ 6301, Corruption of Minors (if defendant's conduct was sexual in nature);
§ 6312, Sexual Abuse of Children.
Unless the order provides otherwise, the classification shall be effective for a period of six months, during which time the Probation Office shall evaluate the defendant. The office shall recommend to the sentencing judge, or such other judge designated by the President Judge, that defendant's classification and supervision as a sexual offender be either continued or terminated. The period may be extended additional 6 month- periods at the request of the office. Notwithstanding the above list of crimes, a judge may classify a defendant convicted of other crimes as a sexual offender, if the judge determines that the defendant will be benefited or the community be protected by SO conditions, or if the crime involved sexual overtones.
D.Conditions: Until changed by rule or administrative order, conditions of probation, parole and intermediate punishment are established in accordance with the following forms:
STANDARD RULES OF SUPERVISION FOR PROBATION, INTERMEDIATE PUNISHMENT AND PAROLE
The Adams County Court of Common Pleas has conditionally released/ placed you under the supervision of the Adams County Department of Probation Services. You must comply with all supervision rules and conditions set forth. If you violate any of these rules of supervision the Department of Probation Services has the authority to arrest or detain you and return your case to court for revocation proceedings.
1. You must not commit any violation of the law.2. You must refrain from any assaultive behavior which threatens or presents a danger to yourself or others. You will not annoy or harass any victim or witness of your crime.3. You must report as directed, by any Probation Officer, and comply with all written or verbal instructions including all Community Re-entry Rules and Guidelines if a re-entry, work release, or house arrest participant.4. You must agree to permit any Probation/Parole Officer, to search your person, enter into and search your residence, vehicle or any other property under your control without warrant at any time upon reasonable suspicion of violation and to ensure compliance with all conditions of your sentence.5. You may not have any prohibited offensive weapons or firearms on your person, in your residence or in your vehicle while on active Probation/ Parole/ IPP supervision, unless otherwise waived by the court.6. You must obtain permission to change your residence and shall notify Probation within 24 hours of that change. You will not be permitted to reside with persons on active probation or parole supervision, unless approved by your Probation Officer.7. You must report all police or law enforcement contact to your Probation Officer within the next business day.8. Unless classified as physically or mentally disabled, you must find and maintain employment and report any changes to employment within 24 hours. If you are a juvenile, you must attend school every day that school is in session and obey all rules of the school authority.9. You must complete _____hours of community service.10. You must not leave the Commonwealth of Pennsylvania for more than 24 hours or stay overnight at any place other than your approved residence without obtaining written or verbal permission.11. You must comply with all Court-ordered financial obligations including the payment of child support.12. You must abide by the following designated curfew until modified at the discretion of your Probation Officer: Adults: 10:00 p.m. Juveniles: 9:00 p.m.
13. You must not possess or use any non-prescribed controlled substances and provide proof of any valid prescriptions as directed to do so.14. You must submit to blood/urine testing as required by the Department of Probation Services. Specimen must be provided within 2 hours of request, and be of sufficient quality and quantity for chemical testing.15. You must comply with all specific conditions dictated by the Court within your most recent sentencing, juvenile dispositional or supervised bail order (s) on the Case (s) noted above.16. You must complete all Court-ordered evaluations or assessments. You must participate in and successfully complete any programs of treatment or counseling recommended by any Drug and Alcohol or Mental Health evaluation or assessment. Alcohol related offenses and/or persons under 21 years of age
[ ] You may not consume or possess alcohol. If you are prohibited from consuming alcoholic beverages, any blood/breath or urine testing positive for alcohol will be considered a violation.
Juveniles
[ ] You are immediately subject to electronic monitoring and/or house arrest.
Sex Offenses
[ ] I acknowledge that I have received a copy of the sex offender rules.
SEX OFFENDER RULES OF SUPERVISION
1. You shall obtain a sex offender evaluation from a certified sex offender treatment provider and follow through with all expectations and recommendations resulting therefrom and shall assume all responsibility for the costs of any required program. You shall provide written authorization for release of confidential information between your certified sex offender treatment provider and the Adams County Department of Probation Services.2. You shall submit to regular polygraph examinations as directed by the treatment provider. You are responsible for the cost of this service.3. If your offense involved a minor, you shall not frequent places where children congregate including but not limited to, playgrounds, swimming pools, schools, malls, arcades. You shall not engage in any activity or employment that will bring you in close contact with children unless you receive permission from your Probation Officer.4. If your offense involved a minor, you are not permitted to reside with minor children without permission from the Court; this includes children within your family. You will not have any contact with minor children without permission from your Probation Officer, or a Court Order. If supervised contact is permitted, the individual who provides the supervision must first be approved by your Probation Officer and the treatment provider.5. You will not possess pornographic materials of any kind, including photographs, movies, or computer generated images depicting or showing nudity. You shall not enter adult book stores, adult entertainment clubs, massage parlors or any other establishment, that promote sexual material or objectifies males or females.6. You may not possess images of your victim(s) in any format.7. You will sign and agree to the conditions of the Sex Offender Internet Capable Device and Internet Access Agreement.8. For monitoring purposes, you are subject to search of cell phone, camera/video recorder, computer, gaming device and their accessories, and any other device capable of internet access. These items may be viewed and/or scanned at any time to detect pornographic or sexually explicit content. You will agree to have a technology monitoring device or program installed on any computer or device you are authorized to possess or to which you have access if your certified sex offender treatment provider recommends or if there is a violation of any of these sex offender conditions or the Sex Offender Internet Capable Device and Internet Access Agreement.9. You will comply with all sex offender registration and statutory requirements if applicable. You must provide fingerprints, palm prints, DNA sample and photograph, pursuant to 42 Pa.C.S.A. 9799.23(a)(4).10. You shall obtain permission from a Probation Officer before leaving the Commonwealth of PA.11. You shall not receive mail at any other location than your home residence address without your Probation Officers approval.12. You are required to sign "Release of Information" forms as directed.SEX OFFENDER SUPERVISION PROGRAM
INTERNET CAPABLE DEVICE AND INTERNET ACCESS AGREEMENT
I understand I am permitted to have access to internet capable devices and internet unless my certified sex offender treatment provider recommends restricting access. I hereby agree to the following:
1. I will only use the internet capable devices and/or internet provider approved by my Probation Officer and my certified sex offender treatment provider.2. I will not enter or participate in any social media or chat rooms of any type unless I have been approved to do so by my certified sex offender treatment provider.3. I will not access any site that contains sexually graphic material unless I have been approved to do so by my certified sex offender treatment provider.4. I will not possess sexually graphic material on any internet capable device or mechanism that can hold such material for visual use unless I have been approved to do so by my certified sex offender treatment provider.5. I will not use any encryption devices on my internet capable device. I will supply my Probation Officer with any and all passwords and/or e-mail addresses used on my internet capable device.6. I recognize I am responsible for all material and information on my internet capable device regardless if other individuals have access to or use my internet capable device.7. I agree to any search of the content of my internet capable device. I will supply my Probation Officer with any and all passwords and/or e-mail addresses used on my computer.8. I agree to supply documentation of telephone records, credit/debit card records, or invoices relating to the use of my internet capable device and/or internet access.9. I understand that any non-compliance with this agreement, deception on my part, lack of cooperation or resistance to providing requested information will be grounds for violation proceedings being initiated.10. I understand that if my certified sex offender treatment provider recommends or if there is a violation of this agreement, I am subject to having a technology monitoring device/program installed on any internet capable device I am authorized to possess or to which I have access.STANDARD RULES OF SUPERVISION FOR CONTEMPT FOR FAILURE TO PAY
1. You may purge yourself of Contempt by the payment of $____________ which is payable to the Adams County Clerk of Courts.2. You must notify your supervising Probation Officer and provide documentation when payment is made.3. You must report as ordered to the Adams County Adult Correctional Complex on _______________at___________if you have not paid the purge amount. Failure to report to ACACC after failing to purge will result in the filing of escape charges.4. You must report as directed to the Adams County Department of Probation Services.5. You must notify the Probation Department in advance of any changes to your mailing address or physical address.6. You must comply with any and all other specific conditions dictated by the court within your sentence order dated, ___________.Amended effective 10/17/2022; amended effective 5/29/2023; amended effective 5/29/2023; amended effective 12/18/2023.