Penn. Adam. Cnty. 524

As amended through January 6, 2018
Rule 524 - Supervised Bail

With or without a motion, and pursuant to local rules and Pa. R.Crim. P. 524, 527 and 530, a judge or district justice may, in addition to setting regular bail, authorize supervised bail and impose conditions in accordance with Local 527 and 530. Supervised bail shall be an alternative to regular bail, and shall continue until revoked, rescinded or modified. The following provisions shall apply to supervised bail:

a. The judge or district justice shall contemporaneously set regular bail.
b. Supervised bail shall have the effect of suspending the need for posting regular bail for as long as defendant complies with the conditions of supervised bail, or until such time as the bail remains in effect. Nothing in this rule shall prevent the bail authority from modifying, rescinding or revoking such bail for sufficient reasons other than noncompliance, upon such notice as the judge or district justice deems appropriate. Defendant shall have the right to appear and contest rescission, modification or revocation.
c. Unless regular bail has also been revoked, defendant shall have the right to post it when supervised bail has been revoked or rescinded.
d. In order to be eligible for supervised bail, defendant must acknowledge in writing that he or she understands and consents to the conditions of supervised bail, including conditions relating to rescission, revocation and modification of such bail and being subject to immediate arrest without a warrant for violation of any bail condition. The form of the application, acknowledgement and consent shall explain that a violation may result in revocation of regular bail, as well, but until such revocation regular bail shall continue and defendant may post such bail until an order of revocation is entered by a judge or district justice.
e. Any probation officer of this court who has reasonable cause to believe that defendant has breached or is breaching any condition of supervised bail shall have authority to declare supervised bail rescinded and to arrest defendant with or without a warrant.
f. Upon arrest and/or rescission, defendant shall be committed to prison pending the posting of regular bail, or reinstatement of supervised bail by a judge or district justice.
g. Defendant, the Commonwealth and the Adams County Probation Office shall each have the right to a hearing before a judge or, for cases pending before a district justice, a district justice. Defendant may request reinstatement of supervised bail, or modification of standard bail. Commonwealth and/or the Probation Office may request forfeiture of any monetary conditions of supervised bail and/or revocation of regular bail.
h. Unless the obligation is suspended or modified by the bail authority, defendant shall be required to pay supervision fees established by administrative order. Until changed, fees are set at $25.00 per month general supervision fee, and $6.00 per day fee for electronic monitoring. Defendant may request an evaluation of his or her financial condition and a reduction or suspension of supervision fees. The bail authority may reduce the fee to reflect defendant's ability to pay, or suspend the obligation entirely. In either case, defendant shall be under a continuing obligation to keep the Probation Office informed of any changes in his or her employment status and/or financial condition.
i. Forms as part of the Supervised Bail Program shall be adopted periodically in accordance with Local Rules of Criminal Procedure 527 and 530, by administrative order. Until changed, applications and orders setting bail shall be substantially in the form published as part of Local 527.
j. A defendant, who has otherwise not been considered eligible for supervised bail, may request an order directing the Probation Office to assess his or her eligibility for supervised bail. Assessment will be made in accordance with Local 527, with recommendations submitted by the Probation Office to the judge designated by the President Judge, via the District Attorney. An application, acknowledgement and consent, signed by defendant, shall be attached to the recommendation.

Penn. Adam. Cnty. 524