Rule 708.3 - Intermediate Punishment Revocation Forms(A) Standard forms shall be used in IPP revocation proceedings, whenever possible. The District Attorney shall be responsible for drafting and utilizing petition forms. The Court may, by administrative order, change and adopt forms.(B) Until changed, the initial order shall be substantially in the following form: (CAPTION)
ORDER
AND NOW, this day of,, at the recommendation of the Probation Office, [ ] no bail is set [ ] bail is set at $, with cash percentage bail available, subject to conditions requested by the District Attorney. Defendant is notified that he/she has the right to petition the court for bail or for a modification of the bail set. Until modified, the bail herein set shall apply.
A revocation hearing is hereby set for .M. on the day of 20 in Courtroom No. 2.
Judge
(C) Until changed, defendants shall be given notice in substantially the following form: NOTICE
DEFENDANT: CASE NUMBER:
FILE NUMBER:
You have been charged with violating the conditions of your sentence to Intermediate Punishment. If the Court finds that you violated those conditions, you may be resentenced. If no plea agreement affects resentencing, the sentence could be the maximum authorized by law. You have the following important rights:
1. You have the absolute right to be represented by a lawyer. If you are too poor to hire a lawyer, a lawyer will be appointed to represent you at the cost of the County and at no cost to you. However, you must file an application with the Public Defender's Office and you must qualify before free counsel will be provided. It is your responsibility to file the application promptly. Your failure to have counsel will not be cause to continue or postpone the hearing.2. You have the absolute right to a hearing, at which the Probation Office must prove that you violated the conditions set forth in this notice.3. You may request that a judge set bail in this matter. If bail has already been set, you have the right to request that bail be lowered or that certain conditions be changed. The Adams County Probation office has recommended [ ] that you should not be allowed to post bail [ ] that bail be set at $ with cash percentage bail available. It is your responsibility to petition the court for bail or for a bail reduction hearing. A hearing on this matter will be scheduled promptly and you will be notified by your Probation/Parole Officer as to the time and date. Specific Rules Violated:
I have read or have had read to me the above rights of a person charged with a violation of IPP Probation and have had the specific rules violated explained by a Probation/Parole Officer.
Witness: __________ Defendant: __________
Date: ________ Date: ________
Amended effective 10/17/2022; amended effective 5/29/2023; amended effective 5/29/2023; amended effective 12/18/2023.