reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 56 - GUIDELINES FOR ADMINISTRATION OF MEGAN'S LAW-STATEMENT OF POLICY › Section 56.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The General
				Assembly of the Commonwealth has declared its intention to protect the safety
				and general welfare of the people of this Commonwealth by providing for
				registration and community notification regarding sexually violent predators
				who are about to be released from custody and will live in or near their
				neighborhood.
(b) The General
				Assembly further declared it to be the policy of the Commonwealth to require
				the exchange of relevant information about sexually violent predators among
				public agencies and officials and to authorize the release of necessary and
				relevant information about sexually violent predators to members of the general
				public as a means of assuring public protection and that the same is not to be
				construed as punitive.
(c) The
				General Assembly has determined and declared as a matter of legislative finding
				that the release of information about sexually violent predators to public
				agencies and the general public will further the governmental interests of
				public safety and public scrutiny of the criminal and mental health systems so
				long as the information is rationally related to the furtherance of those
				goals.
(d) Information gathered for
				42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual
				offenders) will not be disclosed outside the established criminal justice
				system, except as allowed by law.
This section cited in 37 Pa. Code §
											56.2 (relating to
					 scope).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 56 - GUIDELINES FOR ADMINISTRATION OF MEGAN'S LAW-STATEMENT OF POLICY › Section 56.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter has been promulgated by the State Police, in
				  consultation with the Office of Attorney General, the Board of Probation and
				  Parole, the Department of Corrections, the Department of Education and the
				  Department of Public Welfare to facilitate the policy in §
									56.1 (relating to
				  policy).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 56 - GUIDELINES FOR ADMINISTRATION OF MEGAN'S LAW-STATEMENT OF POLICY › Section 56.3 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board of
				Probation and Parole, in cooperation with the Department of Corrections and
				county officials, shall:
(1) Create
				procedures to guide and instruct State and county prison and probation and
				parole personnel how to inform sexual offenders of their duties under 42
				Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual
				offenders), known as Megan's Law. These procedures shall include, at a minimum:
(i) Completion of a sexual offender
				registration form provided by the State Police prior to release from
				incarceration, upon parole from a State or county correctional institution or
				commencement of a sentence of intermediate punishment or probation.
(ii) Prior to release from incarceration, and
				at the time of registration, a photograph of the sexual offender and the
				information specified in paragraph (4) shall be obtained for immediate
				transmittal to State Police.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL STATEMENTS AND DEFINITIONS › Section 58.2 - Authority of law enforcement officers

Current through Register Vol. 54, No. 28, July 13, 2024
The General Assembly has declared that nothing contained in
					 the act shall limit or abrogate any existing authority of law enforcement
					 officers to take, maintain, store and utilize DNA samples for law enforcement
					 purposes. See section 506 of the act (35 P. S. §
											7651.506). Failure to comply with this
					 subchapter does not form the basis for suppression of otherwise admissible
					 evidence.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL STATEMENTS AND DEFINITIONS › Section 58.3 - Limitation on liability

Current through Register Vol. 54, No. 28, July 13, 2024
Persons authorized to draw DNA samples will not be
					 criminally or civilly liable if they perform these functions in good faith and
					 in accordance with accepted medical practice.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL STATEMENTS AND DEFINITIONS › Section 58.4 - Reasonable use of force

Current through Register Vol. 54, No. 28, July 13, 2024
Authorized law enforcement and corrections personnel and
					 employees may employ reasonable force when an individual refuses to submit to
					 DNA testing. The personnel and employees will not be criminally or civilly
					 liable for the use of reasonable force. Authorized law enforcement and
					 corrections personnel and employees include contractors and other agents whose
					 duties encompass implementation of the act.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL STATEMENTS AND DEFINITIONS › Section 58.5 - Confidentiality of records

Current through Register Vol. 54, No. 28, July 13, 2024
DNA profiles and samples submitted to the State Police
					 pursuant to the act shall be treated as confidential. Violations or suspected
					 violations of confidentiality of DNA Database information, as described in
					 section 501 of the act (35 P. S. §
											7651.501), shall be reported to the Director
					 of the Laboratory Division. Criminal and civil penalties are described in
					 sections 502 and 503 of the act (35 P. S. §
											7651.502 and
					 7651.503).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL PROVISIONS › Section 58.21 - Procedures for regulating the collection, receipt and processing of DNA samples in the DNA database laboratory

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The responsibility to ensure collection
				  of DNA samples for the DNA Databank is as follows:
(1) DOC will have the responsibility when the
				  offender is sentenced to incarceration within a State correctional
				  facility.
(2) The director of the
				  youth development center or juvenile detention facility will have the
				  responsibility when the offender is sentenced to detainment within a State
				  juvenile correctional facility.
(3)
				  The warden or other official in charge of a county or local correctional
				  facility or the administrator of a county juvenile detention center or other
				  juvenile facility will have the responsibility when the offender is sentenced
				  to incarceration within such correctional facilities.
(4) Individuals given a disposition, other
				  than incarceration, will be the responsibility of the chief county adult or
				  juvenile probation/parole officer. The chief county adult or juvenile
				  probation/parole officer shall also be responsible for transportation of the
				  individual to the prison, jail, juvenile detention facility, or another
				  detention facility or institution. The DNA sample is to be drawn at a prison,
				  jail unit, juvenile facility or other facility designated by the court before
				  release.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL PROVISIONS › Section 58.22 - Access to data and information

Current through Register Vol. 54, No. 28, July 13, 2024
General operating procedures are as follows:
(1) Access to information in the DNA Database
				  and DNA Databank (including personal identifying information) shall be made
				  available under one of the following:
(i) To
				  criminal justice agencies or approved crime laboratories which serve these
				  agencies.
(ii) Upon written or
				  electronic request and in furtherance of an official investigation of a
				  criminal offense or offender or suspected offender.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL PROVISIONS › Section 58.23 - Prohibition on disclosure

Current through Register Vol. 54, No. 28, July 13, 2024
Violations or suspected violations of disclosure of DNA
					 Database information shall be reported to the Director of the Laboratory
					 Division. Violations are as follows:
(1)
Disclosure
. A person who
				  by virtue of employment or official position or any person contracting to carry
				  out any functions under the act, including any officers, employees and agents
				  of the contractor, who has possession of or access to individually identifiable
				  DNA information contained in SDIS or in the State DNA Databank may not disclose
				  it in any manner to any person or agency not authorized to receive it knowing
				  that that person or agency is not authorized to receive it.
(2)
Obtaining Information
. A
				  person may not obtain individually identifiable DNA information from SDIS or
				  the State DNA Databank without authorization to do so.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL PROVISIONS › Section 58.24 - Criminal penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disclosure
. A person who by virtue of employment or official
				  position or any person contracting to carry out any functions under the act,
				  including any officers, employees and agents of the contractor, who has
				  possession of or access to individually identifiable DNA information contained
				  in SDIS or in the State DNA Databank and who for pecuniary gain for the person
				  or for any other person discloses it in any manner to any person or agency not
				  authorized to receive it commits a misdemeanor of the first degree.
(b)
Obtaining information
. A
				  person who violates section 501(b) of the act (35 P. S. §
											7651.501(b)) commits a
				  misdemeanor of the first degree.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 58 - DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT › GENERAL PROVISIONS › Section 58.25 - Civil actions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Injunctions
. The State Police or any other aggrieved
				  individual or agency may institute an action in a court of proper jurisdiction
				  against any person, agency or organization to enjoin any criminal justice
				  agency, noncriminal justice agency, organization or individual from violating
				  the provisions of the act.
(b)
Action for damages
.
(1) A
				  person aggrieved by a knowing violation of section 501 of the act
				  (35
				  P. S. §
												7651.501) shall have the
				  substantive right to bring an action for damages by reason of the violation in
				  a court of competent jurisdiction.
(2) A person found by the court to have been
				  aggrieved by a knowing violation of section 501 of the act shall be entitled to
				  actual and real damages of not less than $100 for each violation and to
				  reasonable costs of litigation and attorney fees. Exemplary and punitive
				  damages of not less than $1,000 nor more than $10,000 shall be imposed for any
				  violation of section 501 of the act.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 61 - GENERAL PROVISIONS › Section 61.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Backtime
-The unserved part of a prison
				  sentence which a convict would have been compelled to serve if the convict had
				  not been paroled.
Detainer sentence
-A sentence to which a
				  convict is subject following release from a sentence which the convict is
				  currently serving.
Detention hearing
-A probable cause hearing
				  held to determine whether a parolee should be detained or returned pending
				  disposition of a new criminal charge.
Examiner
-A Board member or a representative
				  of the Board who conducts interviews or hearings on behalf of the Board.
Interested party
-A parolee or a parolee's
				  counsel.
Official verification
-Actual receipt by a
				  parolee's supervising parole agent of a direct written communication from a
				  court in which a parolee was convicted of a new criminal charge attesting that
				  the parolee was so convicted.
Panel
-Two members of the Board, or a Board
				  member and an examiner.
Parole supervision staff
-Parole agents,
				  their supervisors, deputy district directors and district directors.
Preliminary hearing
-A hearing held to
				  determine whether there is probable cause to believe that a parolee has
				  committed a technical violation of parole.
Return
or
detain
-Synonymous
				  actions which indicate that a parolee should either be returned to, or
				  continued in, custody pending disposition of outstanding criminal
				  charges.
Revocation decision
-A decision to recommit a
				  parolee to prison after a revocation or violation hearing.
Revocation hearing
-A hearing held to
				  determine whether a parolee should be recommitted as a convicted
				  violator.
Violation hearing
-A hearing held to
				  determine whether a parolee should be recommitted as a technical
				  violator.
The provisions of this §
											61.1 amended under section 506 of
					 The Administrative Code of 1929 (71 P. S. §
												186); and the act of August 6, 1941 (P. L.
					 861, No. 323) (61 P. S. §
												§
												331.1-331.34).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 61 - GENERAL PROVISIONS › Section 61.2 - Confidentiality of records

Current through Register Vol. 54, No. 28, July 13, 2024
Records, reports and other written things and information,
				  evaluations, opinions and voice recordings in the Board's custody or possession
				  touching on matters concerning a probationer or parolee are private,
				  confidential and privileged; except that a brief statement of the reasons for
				  actions by the Board granting or refusing a parole will at all reasonable times
				  be open to public inspection in the offices of the Board.
The provisions of this §
											61.2 issued under section 506 of
					 The Administrative Code of 1929 (71 P. S. §
												186).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 63 - CONDITIONS GOVERNING PAROLE › Section 63.1 - Granting of parole

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Board may grant paroles of its own motion under section 22 of the Pennsylvania
				Board of Probation and Parole Law (61 P. S. §
										331.22).
(b) Applications for parole may be submitted
				to the Board under section 22 of the Pennsylvania Board of Probation and Parole
				Law (61 P. S. §
										331.22).
(c) After review and consideration of each
				application, the Board will grant or deny approval to each applicant who is
				seeking parole.
(d) If the Board
				grants parole, notice of such action will be sent to the parolee, setting forth
				the effective date of parole. The date of parole may be postponed until a
				satisfactory plan is arranged for the parolee and approved by the
				Board.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 63 - CONDITIONS GOVERNING PAROLE › Section 63.2 - Legal custody

Current through Register Vol. 54, No. 28, July 13, 2024
The parolee shall remain in the legal custody of the Board
				  until the expiration of his maximum sentence, or until he is legally
				  discharged.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 63 - CONDITIONS GOVERNING PAROLE › Section 63.3 - Violation of parole

Current through Register Vol. 54, No. 28, July 13, 2024
If the parolee violates the conditions of parole, at a time
				  during his period on parole, the Board may cause his detention or return to a
				  correctional institution.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 63 - CONDITIONS GOVERNING PAROLE › Section 63.4 - General conditions of parole

Current through Register Vol. 54, No. 28, July 13, 2024
If parole is granted, the parolee shall be subject to the
				  following conditions:
(1) Report in
				person or in writing within 48 hours to the district office or suboffice
				specified by the Board and not leave that district without prior written
				permission of the parole supervision staff.
(2) Live at the residence approved by the
				Board at release and not change residence without the written permission of the
				parole supervision staff.
(3)
				Maintain regular contact with the parole supervision staff by:
(i) Reporting regularly as instructed and
				following written instructions of the Board or the parole supervision
				staff.
(ii) Notifying the parole
				supervision staff within 72 hours of one of the following:
(A) Arrest.
(B) Receipt of a summons or citation for an
				offense punishable by imprisonment upon conviction.
(iii) Notifying the parole supervision staff
				within 72 hours of a change in status including but not limited to employment,
				on the job training and education.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 63 - CONDITIONS GOVERNING PAROLE › Section 63.5 - Special conditions of parole

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parolees shall comply with special
				conditions which are imposed by the Board or which are subsequently imposed by
				the parole agent.
(b) If problems
				arise or questions occur concerning the conditions of parole, the parolee shall
				consult with the parole agent, as it is the responsibility of the latter to
				help the parolee in the interpretation of the conditions of parole. If a
				parolee is unable to contact his parole agent, he should contact the agent in
				charge of the district parole office.
This section cited in 37 Pa. Code §
											67.1 (relating to general
					 requirements).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 65 - CONDITIONS GOVERNING SPECIAL PROBATION AND PAROLE › Section 65.1 - Board acceptance of cases

Current through Register Vol. 54, No. 28, July 13, 2024
Acceptance of a case for supervision or presentence
				  investigation from a county which, on December 31, 1985, maintained adult
				  probation offices and parole systems, will be at the Board's discretion. The
				  Board will ordinarily accept a case that meets the following criteria:
(1) For supervision:
(i) A felony conviction and a sentence to
				serve a probationary term of at least 2 years.
(ii) A felony conviction and parole from a
				sentence with a balance of at least 6 months.
(iii) A case otherwise under the Board's
				jurisdiction.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 65 - CONDITIONS GOVERNING SPECIAL PROBATION AND PAROLE › Section 65.3 - Detention and revocation

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may, during the probation or parole period, in case
				  of violation of the conditions of probation or parole, detain the special
				  probationer or parolee in a county prison and make a recommendation to the
				  court, which may result in the revocation of probation or parole and commitment
				  to a penal or correctional institution to serve a sentence in the case of
				  probation or the remainder of the sentence in the case of
				  parole.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 65 - CONDITIONS GOVERNING SPECIAL PROBATION AND PAROLE › Section 65.4 - General conditions of special probation or parole

Current through Register Vol. 54, No. 28, July 13, 2024
A special probationer or parolee is subject to the following
				  conditions:
(1) Be under the
				supervision of a district office or suboffice and not leave that district
				without prior written permission of the parole supervision staff.
(2) Obtain the written permission of the
				parole supervision staff before changing his residence.
(3) Maintain regular contact with the parole
				supervision staff by:
(i) Reporting regularly
				as instructed and following written instructions of the Board or the parole
				supervising staff.
(ii) Notifying
				the parole supervision staff within 72 hours of one of the following:
(A) Arrest.
(B) Receipt of a summons or citation for an
				offense punishable by imprisonment upon conviction.
(iii) Notifying the parole supervision staff
				within 72 hours of a change in status including, but not limited to employment,
				on the job training and education.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 65 - CONDITIONS GOVERNING SPECIAL PROBATION AND PAROLE › Section 65.5 - Special provisions or conditions of sentence

Current through Register Vol. 54, No. 28, July 13, 2024
Every special probationer or parolee shall comply with the
				  following conditions of sentence or, in the case of a parolee, special
				  conditions which will be subsequently imposed by his parole agent:
(1) If problems arise or questions occur
				concerning the conditions of probation or parole, the parolee shall consult
				with the parole agent, as it is the responsibility of the latter to help the
				parolee in the interpretation of the conditions of probation or parole. If a
				parolee is unable to contact his parole agent, he should contact the agent in
				charge of the district parole office.
(2) If a parolee is arrested while on special
				probation or parole, the Board may place a detainer against him which will
				prevent the parolee from making bail, pending the disposition of the new
				charges or other action of the court.
(3) If a parolee is convicted of a crime
				committed while on special probation, or violates the conditions of probation,
				the court may revoke probation of and impose sentence upon the
				parolee.
(4) If a parolee is
				convicted of a crime committed while on special parole, or violates the
				conditions of parole, the court may recommit the parolee to serve the balance
				of the sentence which the parolee was serving when paroled, with no credit
				given for time at liberty on parole.
This section cited in 37 Pa. Code §
											67.1 (relating to general
					 requirements).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 65 - CONDITIONS GOVERNING SPECIAL PROBATION AND PAROLE › Section 65.6 - Acknowledgment by parolee

Current through Register Vol. 54, No. 28, July 13, 2024
Every parolee shall acknowledge the following:
(1) That he has read, or has had read to him,
				the conditions of his parole.
(2)
				That he fully understands the conditions of his parole and agrees to follow
				such conditions.
(3) That he fully
				understands the penalties involved if he violates the conditions of parole in
				any manner.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 65 - CONDITIONS GOVERNING SPECIAL PROBATION AND PAROLE › Section 65.7 - Parole agreement

Current through Register Vol. 54, No. 28, July 13, 2024
The parole agreement shall contain the parole number, date
				  and signature of the parolee. If the signature is by mark, there shall be two
				  witnesses to the execution of the parole agreement.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 67 - SPECIAL CONDITIONS OF PAROLE OR PROBATION › Section 67.1 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				addition to the general conditions of parole or probation imposed by Chapters
				63 and 65 (relating to conditions governing parole; conditions governing
				special probation and parole), parolees shall be subject to the additional
				conditions imposed under §§
									63.5 (relating to special
				conditions of parole) and 65.5 (relating to special conditions or conditions of
				sentence).
(b) If problems arise or
				questions occur concerning the conditions of parole or probation the parolee
				shall consult with the parole agent, as it is the responsibility of the latter
				to help the parolee in the interpretation of the conditions of probation or
				parole. If a parolee is unable to contact his parole agent, he should contact
				the agent in charge of the district parole office.
(c) If a parolee violates the special
				conditions of this chapter, he shall be subject to arrest and revocation of his
				parole or probation as if he had violated the original conditions as outlined
				in Chapters 63 and 65.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 67 - SPECIAL CONDITIONS OF PAROLE OR PROBATION › Section 67.2 - Release from conditions of probation or parole

Current through Register Vol. 54, No. 28, July 13, 2024
The Board may release parolee or probationer from the
				  conditions of parole or probation which it has imposed. In cases where a court
				  of record has imposed conditions, only a court of record may release parolee or
				  probationer from those conditions. The release form shall contain the parole
				  number, name of parolee or probationer, date, signature of parole agent, and
				  the conditions from which the parolee or probationer is
				  released.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 67 - SPECIAL CONDITIONS OF PAROLE OR PROBATION › Section 67.3 - Acknowledgment by parolee

Current through Register Vol. 54, No. 28, July 13, 2024
Every parolee shall acknowledge the following:
(1) That he has read, or has had read to him,
				the conditions of his parole.
(2)
				That he fully understands the conditions of his parole and agrees to follow
				such conditions.
(3) That he fully
				understands the penalties involved if he violates the conditions of parole in
				any manner.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 67 - SPECIAL CONDITIONS OF PAROLE OR PROBATION › Section 67.4 - Parole agreement

Current through Register Vol. 54, No. 28, July 13, 2024
The parole agreement shall contain the parole number, date
				  and signature of the parolee. If the signature is by mark, there shall be two
				  witnesses to the execution of the parole agreement.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › GENERAL › Section 68.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to the following:
(1) Offenders placed on probation, parole,
				  accelerated rehabilitative disposition, probation without verdict or
				  intermediate punishment under the jurisdiction of a county within this
				  Commonwealth.
(2) Counties having
				  jurisdiction over offenders.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › GENERAL › Section 68.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Benefit
-A financial contribution other
					 than salary which is for the improvement of the employe-for example, health
					 insurance premium payment and retirement contribution.
Board
-The Board of Probation and
					 Parole.
County Offender Supervision Fund
-oneys
					 administered by the county consisting of that 50% of the supervision fees
					 retained by the county.
Defer
-To temporarily postpone payment of
					 the supervision fee, but not to waive or reduce the payment.
Dependent
-A person legally eligible to be
					 listed as an exemption for Federal income tax purposes.
Fiscal year
-An account period of 12 months
					 beginning July 1 and ending June 30.
Inability to pay
-A present set of
					 circumstances rendering an offender incapable of tendering the supervision
					 fee.
Income
-oneys derived from all sources,
					 exclusive of Social Security and public assistance, which a client utilizes for
					 self or familial support.
Offender
-An adult individual placed on
					 probation, parole, accelerated rehabilitative disposition, probation without
					 verdict or intermediate punishment under the jurisdiction of a county probation
					 department within this Commonwealth.
Personnel
-The professional, clerical and
					 support staff employed by a county adult probation department.
Program
-A County Offender Supervision Fee
					 Program.
Reduce
-To lessen the amount of fee
					 mandated by the Court.
Supervision
-The services, including
					 administration, provided offenders within the scope of this chapter.
Supervision fee
-An amount of at least $25
					 which is specified to be paid to the Court, unless reduced.
Waive
-To dispense with the condition,
					 which requires offenders to pay the supervision fee either permanently or
					 temporarily.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › ADMINISTRATION OF PROGRAM › Section 68.21 - Imposition of condition

Current through Register Vol. 54, No. 28, July 13, 2024
The sentencing judge of the court of common pleas shall
					 impose upon an offender, as a condition of supervision, a monthly supervision
					 fee unless the court or a supervising agency designated by the court determines
					 that it should be reduced, waived or deferred based upon one or more of the
					 following criteria:
(1) The offender
				  is 62 years of age or older with no income.
(2) The offender is receiving public
				  assistance.
(3) The offender is
				  enrolled as a full-time student for 12 semester credit hours in an educational
				  organization approved by the United States Department of Education.
(4) The offender is incarcerated.
(5) The offender is not employable due to a
				  disability, as determined by an examination acceptable to or ordered by the
				  court.
(6) The offender is
				  responsible for the support of dependents and the payment of a supervision fee
				  constitutes an undue hardship on the offender.
(7) The client is participating in an
				  inpatient treatment program.
(8)
				  Other extenuating circumstances as determined by the court or a supervising
				  agency designated by the court.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › ADMINISTRATION OF PROGRAM › Section 68.22 - Program implementation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The president judge of the court of common pleas shall appoint an appropriate
				  person to implement the Program. The designated official shall develop policies
				  and procedures which clearly communicate the importance of fee collection and
				  monitoring of payments to managers, supervisors and probation officers. These
				  policies and procedures shall include the following:
(1)
County sentenced
				  supervision.
If an offender is placed under supervision of the county
				  in which the offender was sentenced, that offender shall be required to pay a
				  monthly supervision fee to that county unless this requirement is waived or
				  deferred by the court or its supervising agency.
(2)
Intercounty supervision.
If an offender is transferred from one county to another county in this
				  Commonwealth, the monthly supervision fee shall be paid to the receiving county
				  if the offender has the ability to pay as determined by the supervising
				  agency.
(3)
Interstate
				  supervision.
If an offender is transferred through the Interstate
				  Compact from a county in this Commonwealth to another state, the offender is no
				  longer required to pay a supervision fee to the sending county in this
				  Commonwealth. The transferred offender shall comply with the conditions of
				  supervision of the receiving state, including a supervision fee, if applicable.
				  An offender received for supervision from another state through the Interstate
				  Compact is required to pay a monthly supervision fee unless this requirement is
				  waived or deferred by the supervising agency.
(4)
Cooperative supervision.
If an offender is under the supervision of the Board and a county adult
				  probation/parole agency, the agency actively supervising the offender shall
				  receive the monthly supervision fee. If both agencies are providing active
				  supervision, supervision fees shall be paid to only one agency and the Board's
				  District Director for that area shall confer with the county chief adult
				  probation officer to resolve the issue based upon the following criteria:
(i) The agency supervising the sentence with
				  the latest maximum term expiration date.
(ii) The availability of specialized
				  programs.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › ADMINISTRATION OF COUNTY FUNDS › Section 68.51 - Collecting entity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  president judge of the court of common pleas and the board of county
				  commissioners/county executive shall designate an appropriate county agency to
				  be responsible for collection of supervision fees. Payments shall be in the
				  form acceptable to the collecting agency.
(b) The administrator of the collecting
				  agency is responsible for the collection, safeguarding and disbursement of
				  supervision fees in accordance with court order. Generally accepted accounting
				  principles shall provide for accurate and timely receipt of funds, expenditures
				  made from the funds and unexpended balances.
(c) The collecting agency shall deposit, at
				  least monthly, 50% of the fees collected into the County Offender Supervision
				  Fund. The remaining 50% shall be deposited with the county clerk of courts for
				  transmittal to the Board through the Department of Revenue.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › ADMINISTRATION OF COUNTY FUNDS › Section 68.52 - County treasurer/chief financial officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county treasurer/chief financial
				  officer of each county shall establish and administer a county offender
				  supervision fund.
(b) The county
				  treasurer/chief financial officer shall disperse moneys from this fund only at
				  the discretion of the president judge of the court of common pleas. The moneys
				  in this fund shall be used to pay the salaries and employe benefits of adult
				  probation and parole personnel employed by the county adult probation and
				  parole departments and the operational expenses of the department. Moneys from
				  this fund shall be used to supplement Federal, State or county appropriations
				  for the county adult probation and parole department. Moneys remaining in the
				  County Supervision Fee Fund will not lapse at the end of the county's fiscal
				  year but will be rolled over to the next fiscal year.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › ADMINISTRATION OF COUNTY FUNDS › Section 68.53 - County clerk of courts

Current through Register Vol. 54, No. 28, July 13, 2024
The county clerk of courts shall on a monthly basis
					 transfer 50% of the supervision fees collected by that county to the Board
					 through the Department of Revenue on forms at times as directed by the
					 Department of Revenue.
This section cited in 37 Pa. Code §
												68.73 (relating to disbursement of
						funds by the Board).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › ADMINISTRATION OF COUNTY FUNDS › Section 68.54 - Audits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Fiscal records
				  for the receipt and expenditure of County Offender Supervision Funds shall be
				  maintained. Generally accepted accounting principles shall provide for accurate
				  and timely receipt of funds, expenditures made from the funds and unexpended
				  balances.
(b) Independent audits
				  shall be conducted, by or on behalf of, county or state officials at least
				  annually to determine the county's compliance to statutes, court orders,
				  policies and procedures.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › DISBURSEMENT OF COUNTY FUNDS › Section 68.71 - Conditions

Current through Register Vol. 54, No. 28, July 13, 2024
The treasurer/chief financial officer shall establish
					 procedures which provide for accurate and timely recording of receipt of funds,
					 expenditures made from the funds, transfer of funds and unexpended balances as
					 necessary to administer this Program.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › DISBURSEMENT OF COUNTY FUNDS › Section 68.72 - Use of County Offender Supervision Funds

Current through Register Vol. 54, No. 28, July 13, 2024
Each county shall develop and implement a system by which
					 funds are distributed. Moneys in this fund shall be used to pay the salaries
					 and employe benefits of adult probation and parole personnel employed by the
					 county adult probation and parole department and operational expenses. Moneys
					 shall be used to supplement Federal, State or county appropriations for the
					 county adult probation department to maintain and improve county adult
					 probation services.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 68 - COUNTY OFFENDER SUPERVISION FEE PROGRAM › DISBURSEMENT OF COUNTY FUNDS › Section 68.73 - Disbursement of funds by the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Administration of the
				  Program.
The Board will disburse funds received under §
										68.53 (relating to county clerk of
				  courts) to counties which:
(1) Establish
				  policies and procedures for a Program.
(2) Implement a Program.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 69 - PAROLE AGENTS › Section 69.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
The Board recognizes, in specific cases, the need for parole
				  agents to carry a weapon for their protection. Therefore, parole agents shall
				  be authorized to carry firearms in accordance with established standards and
				  procedures of the Board.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 69 - PAROLE AGENTS › Section 69.2 - Limitations

Current through Register Vol. 54, No. 28, July 13, 2024
The authority extended by the provisions of this chapter
				  shall be limited by the following provisions:
(1) Firearms shall only be used for defensive
				purposes and may only be carried by parole agents while on duty.
(2) Permission to carry firearms may only be
				given to those parole agents who have successfully completed a Board-approved
				and sponsored training course in the use of firearms.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 69 - PAROLE AGENTS › Section 69.3 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedures have been adopted by the
				  Board:
(1) Whenever a parole agent
				considers it necessary to carry a firearm, during that period, it should be
				carried on his person and in a manner that it is ready and available for use
				and, under no circumstances, is the weapon to be left or carried in the glove
				compartment of an automobile, a briefcase, a suitcase, or some receptacle other
				than on the person of the parole agent. The firearm is to be carried
				inconspicuously and is to be used only in the defense of the parole agent's
				person.
(2) Parole agents desiring
				to carry a firearm shall submit in writing a request to their immediate
				supervisor.
(3) His request shall
				include a rationale as to why it is necessary to carry a weapon while on
				duty.
(4) The immediate supervisor
				and district supervisor shall then review the case, making a decision with an
				accompanying statement either in support of or in opposition of the agent's
				request.
(5) Copies of requests and
				the final decision concerning the arming of the agents are to be submitted to
				the regional director and the Superintendent of Parole Supervision for
				information and review purposes.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 71 - ARREST AND HEARING FOR PAROLE VIOLATORS › Section 71.1 - Initiation of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an
				agent has reason to believe that a parolee has violated the conditions of his
				parole, that action of the Board is necessary, and that an arrest or the
				lodging of a detainer is appropriate, the agent may apply to his district
				supervisor for permission to arrest and for the issuance of a "Warrant to
				Commit and Retain" (PBPP-141).
(b)
				An application should normally be responded to either by the granting of
				permission to arrest with the issuance of the Board warrant or by a refusal to
				issue the warrant promptly.
(c) The
				warrant shall be executed forthwith, with every diligent effort being made to
				locate and arrest, as promptly as possible, the parolee named in the Board
				warrant.
(d) If the agent is unable
				to contact the district supervisor or feels that immediate confinement of the
				parolee is imperative, he may utilize an "Order to Detain for 48 hours"
				(PBPP-142), as warrant to commit and retain the parolee. If the warrant is
				used, the agent shall apply to his district supervisor for a "Warrant to Commit
				and Retain" (PBPP-141), as promptly as possible.
(e) In those instances where the parolee is
				already in custody on another charge, the "Warrant to Commit and Retain"
				(PBPP-141) shall be lodged as a detainer at the institution where the parolee
				is held.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 71 - ARREST AND HEARING FOR PAROLE VIOLATORS › Section 71.2 - Procedure for violation of parole conditions

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedures shall be followed if a parolee, not
				  already detained after appropriate hearings for other technical violations or
				  criminal charges, has been charged with a technical violation:
(1) After a parolee is detained under a Board
				warrant, the parolee shall be visited by a representative of the Board. The
				parolee shall be notified of the following:
(i) The charges against the parolee
				specifying the conditions of parole violated.
(ii) That a preliminary hearing will be held
				within 14 days and that the parolee will be notified of the exact
				date.
(iii) The parolee's right to
				speak, to have voluntary witnesses appear and to present documentary evidence
				at the preliminary hearing.
(iv)
				The right to retain counsel, and the name and address of the public defender of
				the county of confinement.
(v) That
				the purpose of the hearing is to determine whether there is probable cause to
				believe that the parolee has committed a parole violation, and to resolve by
				admissions, agreements or stipulations as many factual matters as
				possible.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 71 - ARREST AND HEARING FOR PAROLE VIOLATORS › Section 71.3 - Return for a new criminal charge

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedures shall be followed if a parolee, not
				  already detained after appropriate hearings for other criminal charges or
				  technical violations, has been charged with a new criminal offense:
(1) A parolee may be detained on a Board
				warrant pending disposition of a criminal charge following the occurrence of
				one of the following:
(i) A district justice
				has conducted a criminal preliminary hearing and concluded that there is a
				prima facie case against the parolee.
(ii) The parolee waives a criminal
				preliminary hearing and is held for court.
(iii) The parolee is convicted of a crime at
				a trial before a judge of the Philadelphia Municipal Court or a district
				justice.
(iv) An examiner conducts
				a detention hearing.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 71 - ARREST AND HEARING FOR PAROLE VIOLATORS › Section 71.4 - Conviction for a new criminal offense

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedures shall be followed before a parolee
				  is recommitted as a convicted violator:
(1) A revocation hearing shall be held within
				120 days from the date the Board received official verification of the plea of
				guilty or nolo contendere or of the guilty verdict at the highest trial court
				level except as follows:
(i) If a parolee is
				confined outside the jurisdiction of the Department of Corrections, such as
				confinement out-of-State, confinement in a Federal correctional institution or
				confinement in a county correctional institution where the parolee has not
				waived the right to a revocation hearing by a panel in accordance with
Commonwealth ex rel. Rambeau v. Rundle
, 455 Pa. 8, 314A.2d 842
				(1973), the revocation hearing shall be held within 120 days of the official
				verification of the return of the parolee to a State correctional
				facility.
(ii) A parolee who is
				confined in a county correctional institution and who has waived the right to a
				revocation hearing by a panel in accordance with the
Rambeau
decision shall be deemed to be within the jurisdiction of the Department of
				Corrections as of the date of the waiver.