Court Rules | PA Crawford Cty. Crim. LR 708 | 2018
A. Probation/Parole/Intermediate Punishment General Rules and Regulations. The Court, whenever sentencing a defendant to probation or intermediate punishment or granting parole, shall state in its order that the general rules, regulations and conditions governing probation and parole in Crawford County shall be applicable and all of the following shall apply unless specifically deleted by the Court in its Order or in a subsequent order:
(1) The defendant will be in the legal custody of the Court until the
expiration of the defendant's probation, parole or intermediate
punishment or until further order of Court. The Probation or Parole
Officer has the power at any time during this period, in cases of
violation by the defendant of any of the conditions of the defendant's
probation, intermediate punishment or parole, to detain the defendant
in a county prison and thereafter make a recommendation to the Court,
which may result in the further detention of the defendant and
ultimately the revocation of probation or parole and commitment to a
penal or correctional institution for service of the defendant's
sentence.
(2) The defendant will report regularly to the Probation/Parole
Department, in person or in writing, and reply to any communication
from the Court or the Probation/Parole Department.
(3) The defendant will live at an address provided to the
Probation/Parole Department and may not change that residence without
prior permission from that department.
(4) The defendant will not travel outside of Pennsylvania or the
community to which he/she has been paroled or placed on probation as
defined by his/her Probation/Parole Officer without prior permission.
(5) The defendant will comply with all municipal, county, state and
federal criminal laws, and will abide by any additional written
instructions of his/her Probation/Parole Officer. Pursuant to this
rule, any such reasonable instruction shall be considered a special
condition of supervision imposed by the Court. The defendant will
immediately notify his/her Probation/Parole Officer of any arrest or
investigation by law enforcement agencies.
(6) If the defendant is not employed, the defendant will make every
effort to obtain and maintain employment and support any dependents of
the defendant. The defendant will obtain written permission prior to
changing employment. If the defendant loses a job, the defendant will
immediately notify the defendant's Probation/Parole Officer and
cooperate in any effort the parole officer may make to obtain
employment for the defendant.
(7) The defendant shall abstain completely from the use and possession
of controlled substances.
(8) If the defendant has ever been convicted of a felony or a
misdemeanor involving the use or possession of a weapon, the defendant
shall not be permitted to own, possess or have access to any firearm
nor ammunition that can be used in any firearm. If the defendant has
been convicted of a non-weapons misdemeanor, with the advance
permission of the defendant's Probation/Parole Officer, the defendant
may possess weapons and ammunition for those weapons to be used
exclusively for hunting or other sports activities. This decision
shall be solely at the discretion of the defendant's Probation/Parole
Officer.
(9) The defendant may not use alcoholic beverages nor may the defendant
go into places where alcoholic beverages are sold unless, at the
discretion of the Probation/Parole Department, this condition is
totally or partially waived in writing.
(10) All fines, costs, restitution and Offender's Supervision Fees
imposed upon the defendant by the Court must be paid immediately or in
accordance with any schedule set up by the Court or the
Probation/Parole Department before the defendant will be released from
probation/parole.
(11) The defendant will submit to random and periodic testing to
determine any use of illegal controlled substances and alcoholic
beverages.
(12) The defendant will attend and pay all costs and fees of any
therapeutic program offered by a recognized agency when directed to do
so by the defendant's Probation/Parole Officer.
(13) The defendant will not annoy or harass any victim or witnesses of
the defendant's crime and shall not solicit anyone else to do so.
(14) The defendant shall obey the law and be of good behavior
generally.
(15) The defendant shall report to the Crawford County Probation/Parole
Department within 24 hours after being released from any institution
unless directed to report sooner by the Probation/Parole Officer and/or
Order of the Court.
(16) The defendant shall comply with any curfew imposed by the
Probation/Parole Department.
(17) Any defendant required to comply with the provisions of 44
Pa.C.S.A. Section 2316 regarding the mandatory submission of a DNA
sample, shall do so and shall further pay the mandatory costs set forth
in 44 Pa.C.S.A. Section 2322 unless the Court has found that undue
hardship would result and has excused the payment of that fee.
(18) Any defendant subject to the registration requirements for sexual
offenders pursuant to the provisions of 42 Pa.C.S.A Section 9791 et
seq. (as amended) (known as Megan's Law) shall at all times during the
period of probation/parole comply with all such registration
requirements.
(19) The defendant shall always be truthful and accurate in any written
or oral statements the defendant makes to a Probation/Parole Officer or
member of the staff of the Probation/Parole Department.
(20) The defendant shall receive a copy of these general terms and
conditions of probation/parole at or about the time supervision
commences.
(21) If the defendant believes that the defendant's rights have been
violated as a result probation/parole supervision, the defendant must
submit a timely complaint in writing, first to the Chief
Probation/Parole Officer and then to the President Judge at the
Crawford County Courthouse in Meadville, Pennsylvania, if the matter is
not satisfactorily resolved.
B. Electronic Monitoring/House Arrest General Rules and Regulations. Whenever the Court shall sentence a defendant to a sentence including Electronic Monitoring/House Arrest, the defendant will be subject to all of the following rules, regulations and conditions unless specifically deleted by the Court in it's Order or any subsequent Order:
(1) The offender must remain at the indicated residence at all times
except those times approved by the Crawford County Probation/Parole
Department with the exception of a life threatening emergency. The
offender may be required to furnish documentation to verify any
emergency departures from the schedule. If an emergency situation
exists, the offender is required to notify the Probation/Parole
Department immediately.
(2) The offender agrees to maintain telephone service that is not
equipped with the phone company's computerized answering service
throughout the offender's participation in the Electronic
Monitoring/House Arrest Program. The offender may be required to
provide documentation to verify this condition. Also the offender
understands that ALLTEL Corporation or the equivalent service provider
is not liable for any damages incurred as a result of wearing the
equipment or participating in said program.
(3) No illegal drugs, alcohol, firearms or other weapons or ammunition
for firearms are permitted in the residence. Additionally, the
offender is prohibited from possessing or using any of these items at
any time during the period of time on Electronic Monitoring/House
Arrest.
(4) The Probation/Parole Department shall be permitted access to the
residence during the term of this program. Additionally, the officers
shall be permitted to search the residence, the offender and the
offender's vehicle. The offender consents to all types of these
searches and acknowledges that they may be conducted without a search
warrant. Officers may restrict individuals from visiting the offender.
Any non-compliance of the offender's family/friends is the offender's
responsibility.
(5) The offender shall submit to drug and alcohol testing with the type
of test to be selected by the supervising officer. Methods may
include, but are not limited to, breath, urinalysis or blood testing.
(6) The offender will not move, disconnect or tamper with the
monitoring equipment following installation.
(7) The offender will be held responsible for any damage other than
normal wear to the equipment. If the equipment is not returned or it
is not returned in good condition, the offender may be charged for
replacement/repair and may be subject to civil and/or criminal
penalties.
(8) The purpose of this monitoring equipment is to alert authorities of
violations of the program. The offender agrees that the loss of a
receiving signal and/or receipt of a tamper signal by the monitoring
device shall constitute probable cause for a violation. It is agreed
that the program's computer printout and/or a program official's and/or
other sources of testimony may be used as evidence at a violation
hearing to prove said violation.
(9) The Crawford County Probation/Parole Department and program
associated agents are not liable for any damages incurred as a result
of wearing or tampering with the equipment or any respective damages
associated with the equipment that are the result of the offender's
negligence.
(10) The offender must abide by all instructions, rules, regulations
and directives of the Electronic Monitoring/House Arrest Officers or
other officers of the Department acting for the assigned case officer.
(11) The offender shall comply with all municipal, county, state and
federal laws. Any arrest, receipt of citation/summons or contact by
law enforcement officials must be immediately reported to the
offender's probation/parole officer.
(12) Approvals will be given for the defendant to leave the residence
for employment. This employment may be full or part time, but must be
a legitimate job where taxes are withheld or W-2 Forms are filed and
verification is established. Other leaves will be limited to approved
counseling, hospital/doctor appointments and a funeral of an
immediately family member. Social leave will not be permitted, nor
will leave to public or private events be permitted. All leave
activity will be recorded in the daily logbook for the defendant.
(13) The offender will be assessed an installation fee and a daily use
fee while enrolled in the Electronic Monitoring/House Arrest Program in
amounts to be determined by administrative order entered by the
President Judge.
(14) While in the Electronic Monitoring/House Arrest Program, the
offender shall attend any recommended counseling and shall comply with
the rules and regulations of any counseling agency, including
compliance with the treatment plan.
(15) The offender shall always be truthful and accurate in any written
or oral statements the offender makes to the probation/parole officer
or member of the staff at the Probation/Parole Department. The
offender understands that providing false information is a violation of
and may result in the offender's removal from the program and return to
the Crawford County Correctional Facility forthwith.
(16) The offender may be arrested with or without a warrant immediately
following a violation, and that arrest will result in the offender's
return to the Crawford County Correctional Facility forthwith until the
matter can be brought before a judge for hearing.
(17) The offender will not leave the place of employment except to
perform duties associated with employment unless otherwise permitted by
the supervising probation/parole officer. The offender agrees to
permit the supervising probation/parole officer to visit the place of
employment to assure compliance and to permit the employer to notify
the supervising probation/parole officer in the event the offender does
not report to work as required or leaves work other than at the
designated times in the normal workday.
(18) The offender is required to keep the supervising probation/parole
officer informed of the location and directions to the place of
employment or job site.
(19) The offender will provide a weekly work schedule to the
supervising probation/parole officer in writing at least two working
days in advance of the work schedule.
(20) If the offender believes the offender's rights have been violated
as a result of the Electronic Monitoring/House Arrest supervision, the
offender may submit a timely written complaint in writing, first to the
Chief Probation/Parole Officer, and if the matter is not satisfactorily
resolved, then to the President Judge at the Crawford County
Courthouse, Meadville, Pennsylvania.
The offender shall have access to a digital pager with a number to be designated by the Adult Probation Department, to be used in EMERGENCY SITUATIONS ONLY! This pager is not to be used for schedule changes or personal requests. The offender must have a schedule change approved one day in advance during working hours. Any weekend schedule changes not requested prior to close of business on Friday will not be approved. The offender is cautioned, this pager is for EMERGENCY USE ONLY.
An EM Log will be provided to the offender at the time of the initial hook-up. The offender will be responsible for maintaining an accurate log with a detailed list of all daily events that occur outside the residence. The officer may apply the officer's own discretion in the maintenance of the log.
Religious leave may be permitted with a written and signed request from the pastor, priest, etc. and written documentation of any attendance with not more that two leaves per week permitted.
Any other purposed leave requests are subject to the approval of the Electronic Monitoring/House Arrest Department of the Probation/Parole Department.