[26 Pa.B. 2167] Adult Probation/Parole Officers
[Continued from previous Web Page]
Patrick Henry
Michael Degilio
E. Amy Ritz
Tammy Nothstein
Joanne Maurer, Adult Probation AideTopic: Pretrial Services Program ''Violations, Initial Processing''
Chapter: 12
Section: 5
Pages: 5
Related Standards: 2-3024: 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.5.1: Purpose: To establish procedures for the initial processing for offender violations of the conditions of bail release.
SECTION 12.5.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Clerk of Courts Office, the Chief Adult Probation/Parole Officer, the District Attorney's Office, the Public Defender's Office, the pretrial services officer and all offenders placed under pretrial supervision.
SECTION 12.5.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Arrest: The apprehension, legal custody, seizure or restraint of an offender by a law enforcement official.
2. Detainer: An internal administrative mechanism to assure that an inmate subject to an unexpired term of confinement will not be released from custody until the jurisdiction asserting violations of supervision has had an opportunity to act by taking the inmate into custody or by making a revocation determination.
3. Major Violations: Inappropriate behavior by the offender which does pose a serious threat to himself, others, property or the community.
4. Minor Violations: Inappropriate behavior by the offender which does not pose a serious threat to himself, others, property or the community.
5. New Criminal Offense Violation: A violation of the conditions of release, which violation is for a new criminal arrest or conviction.
6. Technical Violation: A violation of the conditions of release, which violation is other than a new criminal arrest or conviction.
SECTION 12.5.4: Investigation of Technical Violations: All technical violations of the prescribed conditions of supervision shall be immediately investigated by the assigned officer. All witnesses, victims, police officers or interested parties involved with the alleged violations shall be contacted and interviewed by the officer. All relevant documentation shall be obtained and recorded in the offender's case record.
SECTION 12.5.5: Investigation of New Criminal Arrest: See Section 12.5.4.
SECTION 12.5.6: Levels of Review: The department, the Court or issuing authority shall prescribe the levels of review and decision making process for violations of the conditions of release as follows:
1. First Level: At this level, when infrequent or isolated minor violations of supervision occur, then the following intial violation process shall be utilized:
a. Verbal Reprimand: The assigned field officer can resolve infrequent or isolated minor violations of supervision with direct consultation with the offender. All verbal reprimands shall be documented in the offender case record.
2. Second Level: At this level, when continued minor violations of supervision occur or a major violation occurs, then the following violation process shall be utilized:
a. Written Reprimand: The assigned field officer can resolve repeated minor violations or a major violation of supervision with direct consultation with the offender through a written violation report (See Appendix G-2). All violation reports shall be placed in the offender case record with a copy provided to the offender.
3. Third Level: At this level, when frequent and repeated minor violations or major violations of supervision occur, then the following violation process shall be utilized:
a. Administrative Conference: Frequent and repeated minor or major violations of supervision shall result with direct consultation with the Chief Adult Probation/Parole Officer, the assigned officer and the offender (See Appendix G-1). The original administrative conference report shall be retained in the offender's case record with a copy furnished to the offender.
4. Fourth Level: At this level, when frequent and repeated minor or major violations of supervision occur, and the offender has not conformed to the conditions of release and has not made an adequate adjustment in the community, then the following violation process shall be utilized:
a. Revocation Petition: Repeated violations of supervision for minor or major violations will result in the filing of a revocation petition with the Clerk of Courts Office or appropriate Magisterial District (See Attachment).
SECTION 12.5.7: Progression of Review: Generally, progressive levels of review shall not be required in situations where the offender's actions or violations of supervision pose a serious threat to himself, property, others or the community.
SECTION 12.5.8: Minor Violations of Supervision: The following is a list of minor violations of supervision:
1. Failure to report to the assigned pretrial services officer as directed.
2. Change of residence without knowledge of the pretrial services officer.
3. New arrest for a summary offense.
4. Leaving the Commonwealth of Pennsylvania.
5. Failure to report to a treatment agency for counseling or urine testing.
6. Any other violation which does not pose a serious threat to the offender, property, others or the community.
SECTION 12.5.9: Major Violations of Supervision: The following is a list of major violations of supervison:
1. New arrest for Misdemeanor or Felony offenses.
2. Possession of controlled substances or drug paraphernalia.
3. Positive urine screen.
4. Failure to appear for court scheduled hearing.
5. Alcohol possession or consumption, when applicable.
6. Intimidation or retaliation against witnesses or victims.
7. Any other violation which poses a serious threat to the offender, property, others or the community.
8. Violation of any specific condition imposed on the offender by the court or issuing authority.
9. Relocating from the approved residence and the offender is considered an absconder.
10. Repeated minor and major violations.
SECTION 12.5.10: Officer Recommendations: Officers completing and presenting written violation reports to the Chief Adult Probation/Parole Officer, shall include appropriate recommendations for corrective action or case disposition.
SECTION 12.5.11: Annual Review: The Court and the department shall conduct an annual assessment of all categorized violations of supervision.
IN THE COURT OF COMMON PLEAS CARBON COUNTY, PENNSYLVANIA
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA : VS. : NO(S): : CHARGES
PETITION FOR REVOCATION OF BAIL
TO THE HONORABLE: __________
The petition of ______ , of the CARBON COUNTY ADULT PROBATION/PAROLE DEPARTMENT respectfully represents as follows:
1. That said defendant was afforded bail by Judge ______ as follows:
Date: Offense: Bail Amount:
2. That said defendant was placed on pretrial service supervision on:
3. That said defendant has violated the conditions of supervision in the following respects:
WHEREFORE, the Carbon County Adult Probation/Parole Department respectfully requests your Honorable Court to direct the issuance of a Bench Warrant for the apprehension of said defendant and set a hearing on this petition and that the accused be required to answer to the above mentioned violations.
The averments of this Petition are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsifications to authorities).
_________________ ______ _________________
Adult Probation Officer Date Supervisor
ORDER OF COURT NOW, this _________________ , 19 _____ , upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DECREED as follows:
1. The CLERK OF COURTS is directed to issue a Bench Warrant for the defendant named in the foregoing petition.
2. The Probation Office, Sheriff, and/or proper legal authority is directed to apprehend the said defendant and commit him/her to the Carbon County Prison pending a revocation hearing.
3. A copy of the attached petition and Order of Court shall be served upon the defendant and copies shall be provided to the defendant's attorney of record, the District Attorney of Carbon County and the adult probation/parole department.
4. A revocation hearing shall be held in Courtroom # _____ , Carbon County Courthouse, Jim Thorpe, Pennsylvania, on the _____ day of ______ , 19 _____ @ ______ a.m./p.m. Failure to attend said hearing may result in the issuance of bench warrant for your apprehension.
BY THE COURT:
_________________
Topic: Pretrial Services Program ''Purpose &
Submission of Bail Reports''
Chapter: 12
Section: 6
Pages: 2
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.6.1: Purpose: To set forth policy and procedure governing the purpose and requirements for the completion, dissemination and submission of the bail report to the appropriate issuing authority or court of jurisdiction.
SECTION 12.6.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Chief Adult Probation/Parole Officer, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the pretrial services officer and all arrestees considered for the Carbon County Pretrial Services Program.
SECTION 12.6.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Bail Report: A concise document provided to the issuing authority that includes socioeconomic data, prior criminal record, demographic data and other background information on the defendant.
3. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
SECTION 12.6.4: Primary Purpose: The primary purpose of the bail report is:
1. To provide the issuing authority or court with timely relevant and accurate information concerning the offender.
2. To collect information necessary for making a bail determination.
SECTION 12.6.5: Time-Tables for Completion: The pretrial services officer shall conduct a timely interview with the defendant at the earliest time possible after the arrest and commitment to prison. Ideally, the officer should conduct the intial interview within twenty-four (24) hours of detention on weekdays and seventy-two (72) hours of detention on weekends.
SECTION 12.6.6: Universal Screening: Except in those cases where the court has no jurisdiction to effect release, all defendants in custody shall be interviewed, regardless of the nature of the instant offense.
SECTION 12.6.7: Agency Resources and Assignment of Reports: The agency has created a specialized unit that processes and completes all bail reports through the pretrial services division. The Chief shall assign all bail reports to the pretrial services officer. However, whenever time constraints prohibit, or resources are limited, the Chief or other staff personnel may assist in the preparation of these reports. Also, universal screening practices may be adjusted to maximize the impact of pretrial intervention when workloads may prohibit such screening procedures.
SECTION 12.6.8: Review of the Report: Prior to submission of the report to the appropriate issuing authority, the Chief shall review all bail reports for investigative conduct, report preparation, content and accuracy.
Topic: Pretrial Services Program ''Collection of Information''
Chapter: 12
Section: 7
Pages: 2
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027
Effective Date: 05-20-96 SECTION 12.7.1: Purpose: To set forth policy and procedure governing the content and preparation of the bail report.
SECTION 12.7.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Chief Adult Probation/Parole Officer, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the pretrial services officer and all arrestees considered for the Carbon County Pretrial Services Program.
SECTION 12.7.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all other things stipulated therein.
2. Bail Report: A concise document provided to the issuing authority that includes socioeconomic data, prior criminal record, demographic data and other background information on the defendant.
3. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
SECTION 12.7.4: Initial Interview: The pretrial services officer shall conduct a structured, face-to-face interview with each defendant and shall include the following topics:
1. Criminal history information
2. Employment information
3. Marital information
4. Financial information
5. Medical/Health information
6. Military information
7. Educational information
8. Identifying information
SECTION 12.7.5: Questions Concerning the Alleged Incident: Under no circumstances shall any questions be directed concerning the alleged instant offense.
Topic: Pretrial Services Program ''Bail Report: Format, Conduct & Content''
Chapter: 12
Section: 8
Pages: 10
Related Standards: 2-3024; 2-3025; 2-3026 & 2-3027 SECTION 12.8.1: Purpose: To set forth policy and procedure governing the content and conduct of the bail report.
SECTION 12.8.2: Applicability: To the President Judge, Court Administration, the issuing authority, Magisterial Districts, the Chief Adult Probation/Parole Officer, the Clerk of Courts Office, the District Attorney's Office, the Public Defender's Office, the pretrial services officer and all arrestees considered for the Carbon County Pretrial Services Program.
SECTION 12.8.3: Definitions: As utilized in this document, the following definitions shall apply:
1. Bail: The security required and given for the release of a person in the custody of the law, conditioned upon a written undertaking that the person will appear when required to do all things stipulated therein.
2. Bail Report: A concise document provided to the issuing authority that includes socioeconomic data, prior criminal record, demographic data and other background information on the defendant.
3. Issuing Authority: Any public official having the power and authority of an alderman, justice of the peace, magistrate or district justice.
4. Training: Which includes such activities as management seminars, meetings with probation and parole field staff regarding departmental services, workshops on the use of management information and instruction in the use of research and evaluation data.
SECTION 12.8.4: Training: The Chief shall determine appropriate levels of training in the preparation of investigative reports, which shall include specialized training involving interviewing skills and techniques or report writing.
SECTION 12.8.5: Interview of the Defendant: The pretrial services officer shall interview the defendant in accordance with Section 12.7.5. The writer of the report must plan the interview before it actually begins. This approach will make the interview more effective, efficient and structured, which should reduce the risk of requiring an additional interview. Before the interview begins, the investigator should inform the defendant of the nature and purpose of the interview and the report. During the interview, the investigator should develop an interview sequence, which would make the offender more willing to communicate. The sequence should be a statement that introduces the topic, questions that elicit the information and probes that clarify or elaborate on the information obtained from the question. All information obtained from the defendant shall be recorded by the investigator.
SECTION 12.8.6: Content of the Bail Report: The following information shall be gathered and included in the body of the bail report:
1. Identifying Information:
a. Date of report
b. Name, Aliases and address of defendant
c. Age and date of birth
d. Sex
e. Race and Citizenship
f. Education
g. Marital status
h. Social Security Number
i. FBI and SID Numbers
j. Docket Number
k. Criminal Offenses, Gradation, Statutory Citation
l. Custody Status
m. Name of issuing authority
o. Offense, Arrest and Commitment Dates
p. Bail Information
q. Detainers or other pending charges
r. Co-defendants
s. Height, Weight, Eye Color, Hair Color, Marks, Scars or Tattoos
t. Prior record history
2. Criminal History:
a. All prior juvenile arrests or adult arrests shall be verified in writing. Exceptions shall be permitted for telephonic verification when time constraints prohibit the acquisition of written documentation.
b. Obtain criminal records from rap sheets from state and federal repositories, District Attorney's File, Clerk of Courts Office, other probation offices, local police departments, local magistrates, previous presentence reports, internal management information systems.
c. Juvenile court history (including offense date, place, offense, disposition date, sentence date and disposition).
d. List of previous adult convictions (including offense date, place, offense, disposition date, sentence date and disposition).
e. List of arrests subsequent to instant offense (including offense date, place, offense, disposition date, sentence date and disposition).
f. Military arrests (including offense date, place, offense, disposition date, sentence date and disposition).
g. Previous probation and parole history.
h. Detainers presently lodged against the defendant.
3. Family History:
a. Name, address, age and telephone number of biological parents or step-parents.
b. Name, address, age and telephone number of all siblings or step-siblings.
c. Early developmental influences, such as physical, mental or sexual abuse which may have a significant impact on the defendant's present behavior or personality.
d. Attitudes of the defendant towards his relationship with his family, including discipline, affection or rejection.
e. Whom defendant was reared, if other than parents.
f. Age left home, reasons for leaving, history of truancies, involvement by Children and Youth Services, placement to foster care.
g. Alcohol, drug or mental health issues with the family.
h. Criminal activity by family members.
i. Relationships with all family members.
j. Extent of family solidarity.
k. Interview with key family members concerning the defendant's formative years.
l. Other significant information provided by the defendant.
4. Marital Status:
a. Present marital status, including common law (include date, place, name, address, age, and telephone number of spouse or paramour).
b. List name, age, address, occupation of all children with the name of the biological parent.
c. Home atmosphere.
d. Previous marriages (including date, place, name of previous spouse). If divorced, cite reasons for the separation.
e. Domestic violence history, including the filing of a protection from abuse order.
f. Alcohol or drug issues with spouse or children.
g. Mental health issues with spouse or children.
h. Criminal activity with spouse or children.
i. Interview with spouse or adult children.
j. Other significant information provided by the defendant.
5. Home and Neighborhood:
a. Description of home or residence.
b. List all prior residences, length of residency and with whom the defendant resides.
c. Other significant information provided by the defendant.
6. Health:
a. Defendant's general medical condition or health problems, current or previous.
b. If the defendant acknowledges that he is HIV positive, the investigator shall execute a release of information form to obtain medical records in order to disclose such information in the bail report. Including information on an offender's HIV status in the report does not offend any of an offender's constitutional rights, for the Federal Court has held that the sentencing judge has a compelling need for such information and that the court's need outweighs the offender's privacy concerns (See Faison v. Parker, 823 F.Supp. 1202--1203).
c. Drug and alcohol related history (including frequency of use; age when first started experimentation; prior treatment; under the influence during the commission of the offense; prior criminal activity related to drug/alcohol problems). The investigator shall execute a release of information form to obtain all treatment records on the defendant and attach all relevant information in the bail report.
d. Mental Health related history (including social adjustment; prior mental health treatment). The investigator shall execute a release of information form to obtain all treatment records on the defendant and attach all relevant information to the bail report.
e. Assaultive Conduct (including any prior convictions or arrests for assaultive behavior, impressions of the investigator as to the risk the offender poses to the community).
f. Sexual Conduct (including any prior convictions or arrests for sexual assaultive behavior, impressions of the investigator as to the risk the offender poses to the community).
g. Other significant information provided by the defendant.
7. Employment:
a. List current and prior employers (including name, address, wages, date, reason for leaving).
b. Interview current or previous employers for attendance, reliability, attitude (optional).
c. List all skills, interests and abilities.
d. List attendance at vocational or technical schools, certificates.
e. List other sources of income (including disability, retirement, public assistance).
f. Investigator's assessment of the defendant's work ethic.
g. Other significant information provided by the defendant.
8. Education:
a. Highest grade achieved.
b. Post high school education.
c. Age left school and reason.
d. Results of psychological tests (IQ, aptitude, achievement), if available.
e. Other significant information provided by the defendant.
9. Military Record:
a. Branch of military service, serial number and dates of enlistment and discharge.
b. Highest grade or rank achieved.
c. Type of discharge.
d. Other significant information provided by the defendant.
10. Financial Status:
a. Assets: Statement of financial assets and general standard of living (Houses, vehicles, property, accounts, investments, etc.).
b. Financial obligations (Including mortgage, household expenses, child support, court costs).
c. Execution of Authorization to Disclose Confidential Tax Information Form (See Appendix E-1).
d. Other significant information provided by the defendant.
11. Sources of Information:
a. Cite all sources of information.
12. Signature Page:
a. Signature of investigator and date.
b. Signature of approval by Chief Adult Probation/Parole Officer and date.
SECTION 12.8.7: Report Formats: All information shall be prepared using report formats adopted by the court and the agency.
1. Bail Report Format: This format focuses on a topic outline and prepared in a narrative form outlining key factors (See attachment).
SECTION 12.8.8: Report Writing: The report shall be prepared in a clear, thorough and concise manner, writing in the active voice. The investigator shall distinctly label what are opinions, conclusions and facts and cite and identify the source, with all information being verified. The investigator shall use wording that everyone understands and describe people, things and events in operational terms.
SECTION 12.8.9: Uncooperative Defendant: During the interview phase, if a defendant fails to cooperate with the investigator, then the investigator shall notify the issuing authority that the defendant has failed to cooperate during the interview process.
SECTION 12.8.10: Verification of Information: The defendant shall be informed that the interview is designed to obtain information concerning bail consideration and that all information gathered will be verified. At a minimum, the investigator shall verify:
1. Criminal History
2. Address
3. Length of time in the community
4. Family ties to the area
5. Employment or schooling
SECTION 12.8.11: Third Party Verification: Information verification may be achieved through the interview of third party contacts, such as, relatives or friends, but may also require direct contact with employers, schools or other primary sources.
SECTION 12.8.12: Unverified Information: The interviewer shall respect the wishes of a defendant not to contact certain potential verification sources, such as employers or schools, for this may jeopardize the defendant's employment status.
SECTION 12.8.13: Purpose of Verification: The rationale for verification is based on the following:
1. It allows the interviewer an opportunity to confirm the accuracy of the information gathered.
2. It may serve as a notification to family or friends of the arrest.
3. It may provide useful information to the court concerning serious health problems or drug/alcohol dependency problems that may require immediate attention by the court of prison personnel.
4. It adds credibility to the interview information.
SECTION 12.8.14: Objectivity: The investigator shall remain objective when preparing the report. The writer shall avoid and eliminate previous experiences, stereotypes, prejudices and biases when completing the report.
SECTION 12.8.15: Documentation: During the investigative phase, the investigator shall document all work and maintain accurate records.
SECTION 12.8.16: Inappropriate Information: The interview process shall not include any questions or discussions concerning the alleged incident. Such questions may impede the program's ability to conduct impartial inquiry. All incriminating statements made by the defendant shall be removed from the body of the bail report.
SECTION 12.8.17: Magistrate's Information Sheet: When an offender is arraigned, general information is obtained by the issuing authority using an informational form. This form shall be obtained by the pretrial services officer, which can be used during the preparation of the bail report (See attachment).
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