Rule 708.2 - Intermediate Punishment Revocation Procedures(A)GeneralBecause of considerations that are unique to intermediate punishment sentences, usually arising out of restrictive phases of the program, special or ''fast-track'' procedures applicable to revocation may be employed at the request of the Probation Office. To describe these and place them in perspective, the following provisions are adopted:
Conditions of the program shall be established by the appropriate Intermediate Punishment Board and by the Court. Until changed, the program shall consist of six (6) phases, with Phase III divided into two (2) aspects, as follows:
1. Phase I, partial confinement-work release.2. Phase II, house arrest-electronic monitoring.3. Phase III, intensively supervised probation.4. Phase III, temporary, intense supervision awaiting entry into Phase I or Phase5. Phase IV, modified intensive supervision.6. Phase V, general supervision.(B) General conditions of probation and parole, as set forth in Local Rule 705.1, shall apply to Phases III, IV and V.(C) Revocation procedures established in Local Rule 708.1 shall be followed when a defendant is not incarcerated.(D) When a defendant is incarcerated, the following procedure shall be followed: (1) Within a reasonable time after incarceration occurs, the Probation Office shall transmit a request for an IPP review hearing to the District Attorney.(2) As part of the request, the Probation Office may recommend that bail be set in a specified amount and be subject to any special conditions requested by the Probation Office. The Probation Office may also recommend that no bail be set.(3) The District Attorney shall promptly submit an application to the court requesting that defendant's entry into the intermediate punishment program be revoked, that a hearing be scheduled and requesting that either that no bail be set, or that bail in a specified sum, subject to any requested conditions be set.(4) The judge to whom the application is submitted shall schedule a hearing within fifteen (15) days of the defendant's arrest and may set bail, subject to any special conditions that are ordered. If defendant posts bail and is released prior to the scheduled hearing, the hearing may be rescheduled in accordance with Local Rule 708.1. Fast track revocation hearings will be conducted by a judge assigned by the President Judge to handle such intermediate punishment violations.Amended effective 10/17/2022; amended effective 5/29/2023; amended effective 5/29/2023; amended effective 12/18/2023.