reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.107 - Drug offender treatment program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A DOTP developed for a defendant shall be
				  designed to address the defendant's individually assessed drug and alcohol
				  abuse and addiction needs and other issues essential to the defendant's
				  successful reintegration into the community, including, education and
				  employment issues.
(b) A DOTP
				  developed for a defendant shall be 24 months in duration and include the
				  following:
(1) A period of confinement in a
				  State correctional institution of at least 7 months, including the assessment
				  period prior to the imposition of sentence and a period of at least 4 months
				  during which the defendant shall be placed in an institutional therapeutic
				  community.
(2) A period of
				  treatment in a community-based therapeutic community of at least 2
				  months.
(3) A period of at least 6
				  months treatment through an outpatient addiction treatment facility.
(4) A period of supervised reintegration into
				  the community for the balance of the DOTP.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.108 - Confinement in a State correctional institution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will accommodate requests
				  to conduct sentencing proceedings for persons committed to its custody by means
				  of videoconferencing or teleconferencing subject to equipment and staff
				  availability. A defendant who is not sentenced by means of videoconferencing or
				  teleconferencing, but is sentenced to a DOTP following an evaluation and
				  recommendation by the Department, shall be delivered to the institution the
				  Department has designated for reception of inmates from the committing county.
				  The defendant will be considered to be a participant upon receipt by the
				  Department.
(b) The participant
				  will be required to begin his individual DOTP while housed in a State
				  correctional institution and may be required to begin additional programming
				  intended to address other treatment needs identified during the participant's
				  incarceration.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.109 - Program advancement and regression

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual DOTP contemplates that a
				  participant will advance through treatment provided in progressively less
				  restrictive treatment settings. The Department anticipates that some
				  participants who have progressed to a less restrictive treatment setting will
				  benefit from an additional period of treatment or confinement in a more
				  restrictive setting or location. Consistent with the minimum time requirements
				  set forth in the act, the Department may transfer a participant to a State
				  correctional institution, an institutional therapeutic community, a
				  community-based therapeutic community, an outpatient addiction treatment
				  program or an approved transitional residence. The Department may transfer a
				  participant between less restrictive and more restrictive settings based upon
				  the participant's progress or regression in treatment or for medical,
				  disciplinary or other administrative reasons.
(b) The Chief of the Department's Central
				  Office Treatment Division or a designee will determine whether a participant
				  will be transferred to a different setting or location. The Department's goal
				  will be to take the action that it believes will maximize the use of
				  programming resources by continuing to treat those participants it believes
				  will most likely complete and benefit from a DOTP by becoming productive,
				  law-abiding members of society while allowing the Department to use its
				  available programming resources efficiently and effectively.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.110 - Community-based therapeutic community

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A participant who successfully completes
				  the institutional therapeutic community portion of his DOTP and any required
				  additional programming will be placed in a community-based therapeutic
				  community. Placement in a community-based therapeutic community will not
				  necessarily be made immediately upon successful completion of the institutional
				  therapeutic community and any additional required programming, but will be made
				  in sufficient time to permit the participant to complete the remaining portions
				  of his DOTP.
(b) The participant
				  will be required to continue engaging in his individual DOTP while housed in a
				  community-based therapeutic community and may be required to participate in
				  additional programming intended to address other treatment needs identified
				  during his incarceration.
(c) The
				  treatment staff of the community-based therapeutic community shall provide the
				  Department with an informational report concerning the participant's progress
				  toward completion of the community-based treatment portion of the participant's
				  DOTP at the conclusion of the participant's first 2 months in the
				  community-based therapeutic community. The report must include a recommendation
				  whether the participant has progressed sufficiently to begin the outpatient
				  addiction treatment portion of his DOTP, if the participant should continue in
				  the community-based treatment community, be returned to the institutional
				  therapeutic community or to a State correctional institution or be expelled
				  from the DOTP. The report must include specific reasons supporting the
				  recommendation and a suggested plan for addressing any treatment deficiencies
				  noted. The report shall be transmitted to the Chief of the Department's Central
				  Office Treatment Division or a designee.
(d) The Department will not be limited to
				  approving or disapproving the recommendation of the community-based therapeutic
				  community treatment staff and may select alternatives not recommended by the
				  treatment staff.
(e) The Department
				  may require the treatment staff of the community-based therapeutic community to
				  submit reports in addition to the report required by subsection (c).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.111 - Outpatient addiction treatment facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A participant who successfully completes
				  the community-based therapeutic community and any additional required
				  programming will be assigned to an outpatient addiction treatment facility.
				  Assignment to an outpatient addiction treatment facility will not necessarily
				  be made immediately upon successful completion of the community-based
				  therapeutic community and any additional required programming, but will be made
				  in sufficient time to permit the participant to complete the remaining portions
				  of the participant's DOTP. A participant may reside in a community corrections
				  center, group home or an approved transitional residence while assigned to an
				  outpatient addiction treatment facility program, but will not be permitted to
				  begin residing in a group home or an approved transitional residence until the
				  Department has completed its investigation, review and approval of the
				  residence.
(b) A participant will
				  be required to continue his individual DOTP while assigned to an outpatient
				  addiction treatment facility program and may be required to participate in
				  additional programming intended to address other treatment needs identified
				  during his incarceration.
(c) The
				  treatment staff of the outpatient addiction treatment facility shall provide
				  the Department with an informational report concerning the participant's
				  progress toward completion of the outpatient addiction treatment portion of his
				  DOTP at the conclusion of the participant's first 6 months of treatment with
				  the outpatient addiction treatment facility. The report must include a
				  recommendation whether the participant has progressed sufficiently to begin his
				  supervised reintegration into the community, if the participant should continue
				  treatment with the outpatient addiction treatment facility, be returned to a
				  community-based treatment community, institutional therapeutic community or to
				  a State correctional institution or be expelled from the DOTP. The report must
				  include specific reasons supporting the recommendation and a suggested plan for
				  addressing any treatment deficiencies noted. The report shall be transmitted to
				  the Chief of the Department's Central Office Treatment Division or a
				  designee.
(d) The Department will
				  not be limited to approving or disapproving the recommendation of the
				  outpatient addiction treatment facility treatment staff and may select
				  alternatives not recommended by the treatment staff.
(e) The Department may require the treatment
				  staff of the outpatient addiction treatment program to submit reports in
				  addition to the report required by subsection (c).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.112 - Supervised reintegration into the community

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A participant who successfully completes
				  treatment through an outpatient addiction treatment facility and any additional
				  required programming will begin supervised reintegration into the community for
				  the remaining portion of his DOTP. The participant may continue or be permitted
				  to begin to reside in a community corrections center, group home or an approved
				  transitional residence during the period of supervised reintegration into the
				  community, but will not be permitted to begin residing in an approved
				  transitional residence until the Department has completed its investigation,
				  review and approval of the residence.
(b) A participant residing in an approved
				  transitional residence will be supervised by the Department during the
				  remainder of his DOTP. The participant will be required to comply with any
				  conditions imposed by the Department while residing in an approved transitional
				  residence including abstaining from the use of alcohol or other drugs,
				  submitting urine, hair or other samples the Department requests to monitor the
				  participant's use of alcohol or other drugs and engaging in additional
				  treatment or programming required by the Department.
(c) A participant will continue to be subject
				  to the treatment and disciplinary sanctions in §§
										97.113 and
				  97.114 (relating to treatment
				  sanctions; and disciplinary sanctions) while residing in an approved
				  transitional residence.
(d) The
				  Department will notify the sentencing court, the attorney for the Commonwealth
				  and the Commission when the participant successfully completes the
				  DOTP.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.113 - Treatment sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  participant who tests positive for the use of alcohol or other drugs shall
				  receive a hearing according to the procedures in the Department's inmate
				  disciplinary policy. If the hearing examiner or community corrections hearing
				  committee, as applicable, determines that the participant used alcohol or other
				  drugs, the participant shall be subject to the following sanctions:
(1) A participant housed in a State
				  correctional institution or institutional therapeutic community shall be
				  expelled from the DOTP and housed as the Department deems appropriate pending
				  further action by the sentencing court.
(2) A participant receiving treatment through
				  a community-based therapeutic community, outpatient addiction treatment
				  facility or during supervised reintegration to society shall be evaluated by
				  the Department. The participant shall be housed as the Department deems
				  appropriate pending completion of the evaluation. Following the evaluation, the
				  participant may be placed in the treatment setting deemed appropriate by the
				  Chief of the Department's Central Office Treatment Division or a designee or
				  suspended or expelled from the DOTP.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.114 - Disciplinary sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  participant who is alleged to have violated the Department's disciplinary
				  rules, shall receive a hearing according to the procedures in the Department's
				  inmate disciplinary policy.
(b) If
				  the hearing examiner or community corrections hearing committee, as applicable,
				  determines that the participant committed a Class 1 or Class 2 misconduct, the
				  Chief of the Department's Central Office Treatment Division or a designee will
				  determine whether the participant will be suspended or expelled from the DOTP,
				  sanctioned according to the Department's inmate disciplinary policy or be
				  subject to other sanctions deemed appropriate.
This section cited in 37 Pa. Code §
												97.112 (relating to supervised
						reintegration into the community); and 37 Pa. Code §
												97.116 (relating to expulsion from
						a DOTP).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.115 - Suspension from a DOTP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  participant who violates the conditions of his DOTP, other than by testing
				  positive for the use of alcohol or other drugs or by committing a violation of
				  the Department's disciplinary rules, may be suspended from participation in a
				  DOTP.
(b) The Department's goal in
				  determining whether to suspend a participant from a DOTP will be to take the
				  action it believes will maximize the efficient and effective use of programming
				  resources by continuing to treat those participants it believes will most
				  likely complete and benefit from a DOTP by becoming productive, law-abiding
				  members of society if permitted to participate in continued treatment after a
				  period of suspension.
(c) The Chief
				  of the Department's Central Office Treatment Division or a designee will be
				  responsible for determining whether to suspend a participant from a DOTP. The
				  determination whether to suspend a participant from a DOTP may be based upon
				  any information deemed appropriate by the Chief of the Department's Central
				  Office Treatment Division or a designee.
(d) A participant who is suspended from
				  participation in a DOTP will be housed in the setting deemed appropriate by the
				  Chief of the Department's Central Office Treatment Division or a designee and
				  shall comply with the Department's rules and any conditions imposed during the
				  period of suspension. The Chief of the Department's Central Office Treatment
				  Division or a designee will determine the participant's program status upon
				  completion of the suspension.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.118 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to any defendant sentenced to State
					 intermediate punishment on or after December 13, 2008.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B-1 - Tort Claims › Chapter 111 - TORT CLAIMS LITIGATION › Section 111.4 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Venue in
				  actions for claims against a Commonwealth party as defined in
				  42 Pa.C.S. §
											8501
				  (relating to definitions) shall be in the county in which one of the following
				  exists:
(1) The cause of action
				  arose.
(2) A transaction or
				  occurrence took place out of which the cause of action arose.
(3) The principal office of the Commonwealth
				  party is located.
(4) The local
				  office of the Commonwealth party is located.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 121 - PRELIMINARY PROVISIONS › Section 121.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this subpart,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Chairperson
-The Chairperson of the
					 Commission.
Commission
-The Pennsylvania Crime
					 Commission.
Executive Director
-The Executive Director
					 of the Commission.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 121 - PRELIMINARY PROVISIONS › Section 121.2 - Liberal construction

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this subpart shall be liberally construed
					 so as to effectuate the statutory functions and policies of the
					 Commission.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 121 - PRELIMINARY PROVISIONS › Section 121.4 - Severability

Current through Register Vol. 54, No. 28, July 13, 2024
If a provision of this subpart or the application thereof
					 to a person or circumstance is held invalid, the other provisions and their
					 application to other persons and circumstances may not be
					 affected.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.1 - Conduct of investigations

Current through Register Vol. 54, No. 28, July 13, 2024
Investigations by the Commission shall be conducted,
					 through its members and staff, in a manner consistent with the provisions of
					 this subpart.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.2 - Staff authority

Current through Register Vol. 54, No. 28, July 13, 2024
Staff members designated as the Executive Director, Chief
					 Counsel, Counsel, Director of Field Operations and Special Agents shall have
					 the authority to administer oaths and affirmations, conduct interviews, receive
					 and record testimony, receive and inspect documents and records, and otherwise
					 obtain evidence and gather information by any lawful means.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.3 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
				  considered to have information relevant to an investigation may be required by
				  subpoena to appear and testify at a Commission hearing. A person, corporation
				  or entity or association of any kind having possession or control of documents
				  or records deemed relevant to an investigation may be required by subpoena to
				  produce the materials at a Commission hearing or, at the election of the
				  Commission, to make them available for inspection by one or more members of the
				  Commission or one or more members of the Commission staff. Subpoenas may be
				  served by a person designated by the Executive Director. This subsection
				  supersedes 1 Pa. Code §
										35.142(a) and (b)
				  (relating to subpoenas).
(b) The
				  Commission will have the right to retain or have access to subpoenaed documents
				  and records for a reasonable period, and to make copies of them.
(c) All witnesses subpoenaed by the
				  Commission shall be entitled to compensation and payment for expenses as
				  provided by law. This subsection supersedes 1 Pa. Code §
										35.142(c).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.4 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings may be
				  conducted by and before any one or more members of the Commission or any one or
				  more members of the Commission staff.
(b) Every hearing constituted and conducted
				  under subsection (a) shall be deemed a hearing and proceeding by and before the
				  Commission, and all powers and remedies available to the Commission will apply
				  thereto.
(c) At the direction of
				  the Chairperson, a member of the Commission who does not attend any hearing may
				  be given full access to a transcript thereof or, if no transcript is made, a
				  report of the information received therein prior to the making by the
				  Commission of any finding, recommendation or report based in any part upon
				  information received in the hearing.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.5 - Rights of witnesses

Current through Register Vol. 54, No. 28, July 13, 2024
The following rights shall be available to witnesses
					 appearing at a hearing:
(1)
Copies of rules.
Witnesses to appear under subpoena shall be
				  provided with a copy of this chapter. Witnesses who appear voluntarily may
				  obtain a copy of this chapter upon request.
(2)
Hearing participants.
At
				  closed hearings, persons permitted to be in the hearing room shall be limited
				  to members of the Commission, staff members of the Commission, the witness,
				  interpreters when needed, and-for the purpose of taking the evidence-a
				  stenographer. No other persons may be present during the conduct of the
				  hearing; however, the witness shall have the right to have his attorney
				  available for consultation outside the hearing room while he
				  testifies.
(3)
Objections.
Witnesses shall have the right to object to
				  questions, state the grounds of their objections and obtain a ruling thereon.
				  Rulings by the presiding officer shall be final.
(4)
Closing statement.
Witnesses who believe that the effect of testimony is unsatisfactory for any
				  reason shall be given reasonable time in which to make an oral statement under
				  oath or affirmation at the close of their testimony. Any such statement shall
				  be uninterrupted; except that it may be interrupted or terminated by the
				  presiding officer if he determines that a reasonable time has expired or that
				  the statement is impertinent, scandalous, or otherwise improper. The witness
				  may elaborate by written statement under oath or affirmation. The written
				  statement shall be received in full as part of the hearing record if submitted
				  within ten days of the date of the appearance of the witness, except that the
				  Commission may strike any impertinent, scandalous, or otherwise improper matter
				  from the statement.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.6 - Public access

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings may be open or closed to the public, in whole or
					 in part, as the Commission may direct. Evidence received in closed hearings
					 will not be released to the general public without the approval of the
					 Commission.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.8 - Presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Chairperson of the Commission will preside over all hearings at which he is
				  present. The Chairperson may designate a member of the Commission or its staff
				  to preside over any hearing at which he will not be present. In the absence of
				  such designation, a member will be chosen by the majority vote of the members
				  present and voting to preside over such hearing; except that if no member is
				  present the Executive Director, Chief Counsel, or Counsel for the Commission
				  shall preside over such hearing. This subsection supersedes 1 Pa. Code §
										35.185 (relating to designation of
				  presiding officers).
(b) The
				  presiding officer shall administer oaths and affirmations to witnesses, rule
				  upon matters arising in the course of the hearing, and take such actions as may
				  be necessary to ensure that the hearing proceeds in an orderly and proper
				  manner. This subsection supersedes 1 Pa. Code §
										35.187 (relating to authority
				  delegated to presiding officers).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.9 - Questioning

Current through Register Vol. 54, No. 28, July 13, 2024
The authority to question witnesses at a hearing shall be
					 limited to the presiding officer, other members of the hearing panel, and such
					 other persons as may be permitted to do so by the presiding
					 officer.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.10 - Testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All testimony
				  received at hearings shall be under oath or affirmation. The presiding officer
				  may receive any evidence by testimony, deposition, exhibit, exemplar, or
				  otherwise which he deems relevant and shall not be bound by the rules of
				  evidence applicable in courts of law. Any witness desiring to read or place in
				  the record of the hearing a prepared or written statement shall, unless excused
				  from this requirement by the presiding officer, file a copy thereof with the
				  Commission at least 24 hours in advance of the hearing. The presiding officer
				  shall determine whether such statement may be read or placed in the
				  record.
(b) Subsection (a)
				  supersedes 1 Pa. Code §
										35.137 (relating to oral
				  examination).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 123 - PRACTICE AND PROCEDURE › Section 123.11 - Right of rebuttal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any
				  person who is individually identified, expressly or by clear implication, in a
				  public hearing or report of the Commission, and who believes that evidence or
				  comment made public in such hearing or report tends to defame him or otherwise
				  adversely affect his reputation, shall have the right to appear personally at a
				  public hearing and testify in his own behalf as to matters relevant to such
				  evidence or comment.
(b) The
				  rebuttal provided for in subsection (a) may be claimed as a matter of right up
				  to 10 days from the date on which the evidence or comment was made
				  public.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 125 - BUSINESS OF THE COMMISSION › MEETINGS REQUIRED › Section 125.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Meetings of the
					 members of the Commission will be held at the call of the Chairperson or any
					 three other members, at such times and locations and for such purposes as may
					 be determined by the Chairperson or the other three members calling the
					 meeting.
(b) At the first meeting
					 of the Commission of each calendar year, the members will select from their own
					 numbers, by an affirmative vote of three of the five members, a Chairperson who
					 shall serve for 1 year but will remain Chairperson until a successor is
					 selected.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 125 - BUSINESS OF THE COMMISSION › MEETINGS REQUIRED › Section 125.2 - Quorum

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Three members
					 of the Commission will constitute a quorum for meetings.
(b) The majority vote of the members present
					 and voting will constitute official action by the Commission.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 125 - BUSINESS OF THE COMMISSION › MEETINGS REQUIRED › Section 125.3 - Presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
The Chairperson of the Commission shall preside over all
						meetings at which he is present. He may designate a member of the Commission to
						preside over any meeting at which he will not be present. In the absence of
						such designation, a member shall be chosen by the majority vote of the members
						present and voting to preside over such meeting.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 125 - BUSINESS OF THE COMMISSION › MEETINGS REQUIRED › Section 125.4 - Attendance at meetings

Current through Register Vol. 54, No. 28, July 13, 2024
Attendance at meetings shall be limited to members of the
						Commission, the Executive Director, members of the Commission staff designated
						by the Executive Director, and such other persons as the Commission may
						designate; provided, however, that the meetings of the Commission at which
						confidential investigative information is not discussed shall be open to the
						public.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 125 - BUSINESS OF THE COMMISSION › MEETINGS REQUIRED › Section 125.5 - Minutes

Current through Register Vol. 54, No. 28, July 13, 2024
Minutes of the meetings will be kept by the Executive
						Director and filed in the executive office of the Commission. Minutes will not
						be open to inspection by persons other than members of the Commission and its
						staff except as authorized by the Chairperson and except as required by the act
						of July 19, 1974 (P. L. 486, No. 175) (65 P. S. §§
												261-269) with respect to the public meetings
						of the Commission.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 125 - BUSINESS OF THE COMMISSION › MEETINGS NOT REQUIRED › Section 125.11 - Ratification by a majority of Commission members

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding any other provision of this chapter, any
						action of the Commission requiring the agreement of its members may be taken
						without a meeting if such action is approved or ratified by a majority of the
						members of the Commission.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 125 - BUSINESS OF THE COMMISSION › MEETINGS NOT REQUIRED › Section 125.13 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
The following forms have been promulgated as a part of
						this chapter:
Financial Disclosure
						Statement
1. Describe
					 and state the amount of income received from source(s) other than the
					 Pennsylvania Crime Commission.
2.
					 Do you have any outstanding judgments against you? Describe.
3. Have you ever been declared bankrupt?
					 Explain.
4. Are you a co-maker or
					 endorser of a note? Describe.
5.
					 Are you a party in a law suit? Explain.
6. Are you obligated to pay alimony, child
					 support, or separate maintenance? Explain.
7. List your checking and savings accounts.
					 Include the names of the institutions, the account numbers, and the present
					 balances.
8. List and describe your
					 stock holdings and/or bond holdings. Include the cash or market
					 values.
9. List and describe the
					 net cash value of your life insurance. Include the face amount of the
					 policy(s).
10. Describe the
					 location and market value of any real estate in which you have an interest,
					 direct or indirect. You do not have to include your primary place of
					 residence.
11. List and describe
					 any businesses or enterprises in which you have an interest, direct or
					 indirect.
12. Describe your
					 automobiles by make and year. Include the market value(s).
13. List the names of all your creditors,
					 including but not limited to installment debts, revolving charge accounts,
					 automobile loans, real estate loans, stock pledges, and other personal or
					 business debts. Include term of the debt, the number of months left to pay the
					 debt, the unpaid balance, and any amounts past due.
This section cited in 37 Pa. Code § 125.12
						  (relating to staff).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.1 - 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:
Clerical or administrative position
-Any
					 clerk, typist, stenographer, administrative assistant or other position without
					 supervisory responsibility.
Commission
-The Crime Commission of this
					 Commonwealth.
Demotion
-A change to a position in a class
					 carrying a lower maximum salary or duties.
Employe
-A person legally occupying a
					 position with the Crime Commission and who does not have classified service
					 status under the Civil Service Act.
Probationary period
-A preliminary period
					 of employment prior to permanent appointment of an employe for the purpose of
					 determining his fitness for a permanent employment.
Professional position
-Any special agent,
					 director of field operations, director of intelligence, inspector, attorney,
					 administrative officer, writer, analyst, liaison officer, public relations
					 officer or consultant.
Promotion
-A change to a position in a
					 class carrying a higher maximum salary or duties.
Regular employe
-An employe who has been
					 appointed to a position in the Commission after completing his probationary
					 period and who does not have classified service status under the Civil Service
					 Act.
Removal
-The permanent separation from the
					 Commission of an employe who has been permanently appointed.
Third degree of relationship
-Spouse,
					 mother, father, grandmother, grandfather, child, aunt, uncle, sister, brother,
					 niece, nephew or any spouse of said relatives.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.2 - Hiring policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Antidiscrimination requirements.
The recruitment and hiring
				  procedures for all Commission positions shall be in strict conformity with the
				  antidiscrimination requirements set forth in §
										127.10 (relating to
				  prohibitions).
(b)
Regional
				  positions.
The recruitment and screening process for all positions
				  shall be the responsibility of the Agent-in-Charge of the regional office. In
				  the case of professional positions, when the Agent-in-Charge has narrowed the
				  number of candidates to a select few, the Executive Director may assist in the
				  final screening interviews. When the Agent-in-Charge has selected an
				  appropriate candidate, the Agent-in-Charge shall forward a recommendation to
				  the Executive Director. If the Executive Director approves the recommendation,
				  the candidate may be:
(1) Hired in the case of
				  a candidate for a clerical or administrative position.
(2) Scheduled for a final interview with the
				  Commissioners in the case of a candidate for a professional position.
(3) The Commissioners may authorize the
				  Executive Director to hire a candidate for a professional position without the
				  necessity of a final interview with the Commissioners.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.3 - Probation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No appointment
				  to a position in the Commission will be deemed complete until after the
				  expiration of a probationary period. The probationary period following initial
				  employment shall be nine months. The probationary period following promotion
				  shall be 6 months.
(b) At any time
				  during the probationary period, the Commissioners may remove an employe if in
				  the opinion of the Executive Director, the probation indicates that such
				  employe is unable or unwilling to perform his duties satisfactorily or that his
				  dependability does not merit his continuance in the employ of the Commission.
				  The person so removed shall be considered permanently separated from his
				  position.
(c) If the work of the
				  employe has been satisfactory at the expiration of the probationary period, the
				  employe shall become a regular employe of the Commission and continue in such
				  employ unless separated from the Commission as provided in this
				  chapter.
(d) If the probationary
				  period has resulted from a promotion, removal action will not be deemed removal
				  from the Commission staff. An employe so removed during a probationary period
				  resulting from a promotion shall have the right to and shall be returned to the
				  position held immediately prior to such promotion without the right or
				  necessity of hearing or appeal.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.4 - Demotions

Current through Register Vol. 54, No. 28, July 13, 2024
The Commissioners may demote to a lower rated position any
					 employe who does not satisfactorily perform the duties of the position to which
					 he was appointed or promoted and who is able to perform the duties of the lower
					 position. In case of such demotion, the employe shall have all rights of
					 hearing and appeal as provided by §§
										127.8 and
					 127.9 (relating to removal; and
					 appeal).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.5 - Suspension

Current through Register Vol. 54, No. 28, July 13, 2024
The Commissioners may for good cause suspend an employe
					 without pay for disciplinary purposes. Such suspension will not exceed in the
					 aggregate 30 working days in 1 calendar year. Any employe so suspended shall
					 have all rights of hearing and appeal as provided by §§
										127.8 and 127.9 (relating to
					 removal; and appeal).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.6 - Retirement

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Director, with the approval of the
					 Commissioners, may recommend action regarding the retirement of an employe who,
					 in the judgment of the Director, has become unfit for the efficient performance
					 of the duties of his position owing to physical or mental disability. Any such
					 employe so retired shall have all rights of hearing and appeal as provided by
					 §§
										127.8 and
					 127.9 (relating to removal; and
					 appeal).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.7 - Resignation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No resignation
				  shall be made or shall be valid unless it bears the signature of the person
				  resigning and the date of the resignation in his handwriting; except that
				  absence from duty for 5 consecutive working days without notice to the
				  Executive Director may be regarded as an abandonment of a position and in
				  effect, a resignation.
(b) Any
				  person who resigns or is presumed to have resigned because of absence from duty
				  for 5 consecutive working days without notice to the Executive Director, may
				  ask the Commission, in writing, within 30 days after such resignation, for a
				  private hearing, stating the reasons therefor. If on investigation by the
				  Commission, there appears to be good evidence that the employe may have been
				  forced to resign against his will and without just cause, or that his
				  separation from the Commission has been involuntary and without just cause, the
				  Commission will grant him, within 30 days, a hearing as provided in this
				  chapter in the case of removal, and will treat the separation as though it were
				  a removal.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.8 - Removal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No Commission
				  employe shall be removed except for just cause. The Executive Director must
				  furnish to the affected employe written notice of re moval, setting forth the
				  reasons for such action and effective date thereof. Such written notice will be
				  made part of the official record of the Commission.
(b) Within 20 days after receipt of such
				  notice of removal from the Commission, the employe shall submit to the
				  Commission such written answer as he may desire. Said answer may include a
				  request for investigation.
(c)
				  Within ten days after receipt of such answer and request, the Commission will
				  initiate an investigation which will include a hearing. All hearings will be
				  private unless otherwise requested in writing by the employe against whom the
				  action is taken; provided however, that no confidential information involving
				  the work of the Commission will be presented in a public hearing without the
				  consent of the Commission. A written notice signed by the Executive Director
				  will be forwarded to the employe setting forth the time and place when and
				  where such employe will be given an opportunity to be heard before the
				  Commission. The investigation and hearing will be for the purpose of fairly
				  determining whether the employe involved merits continuance in his position or
				  should be removed therefrom or otherwise disciplined for the good of the
				  Commission. The Commission may delegate to a particular Commissioner or
				  Commissioners the responsibility of conducting the investigation and
				  hearing.
(d) At the hearing, the
				  Commission will not be required to follow technical rules of evidence or court
				  procedure, but will diligently seek all of the evidence and information bearing
				  on the merits of the case.
(e)
				  Within 60 days after receipt of the request for investigation, the full
				  Commission will make its investigative and hearing findings and conclusions
				  which will not become part of the public record of the Commission unless
				  otherwise requested by the employe against whom the action relates. A written
				  notice of said conclusions signed by the Executive Director will be forwarded
				  to the employe. If the Commission finds that the action complained of was taken
				  without just cause, the employe shall be reinstated to his position without
				  loss of pay.
This section cited in 37 Pa. Code §
												127.4 (relating to demotions); 37
						Pa. Code §
												127.5 (relating to suspension);
						and 37 Pa. Code §
												127.6 (relating to
						retirement).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart C - Crime Commission › Chapter 127 - STANDARDIZATION OF PERSONNEL RULES › Section 127.9 - Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
				  Commission finds that the action complained of was taken with just cause, the
				  employe shall have the right to have the matter submitted to arbitration within
				  15 days of the issuance of the Commission's conclusions.
(b) The matter will be submitted for hearing
				  by the Commission to the American Arbitration Association. The arbitration
				  hearing will be a de novo hearing on the issue upon which the personnel action
				  was based. The hearing will be private unless otherwise requested in writing by
				  the employe against whom the action was taken; provided however, that no
				  confidential information involving the work of the Commission will be presented
				  in a public hearing without the consent of the Commission. At such arbitration
				  hearing, all testimony shall be recorded by a competent public stenographer and
				  in the case of a public hearing, the record of the hearing shall be made part
				  of the public record of the Commission. The arbitrator shall confine himself to
				  the precise issue upon which the action was based and shall have no authority
				  to determine any other issues. The decision of the arbitrator shall be final
				  and binding on the employe and the Commission and may not be appealed further.
				  The Commission will request that the arbitrator issue his decision within 30
				  days after the arbitration hearing or receipt of the transcript of said
				  hearing.
(c) All fees and expenses
				  of the arbitrator and the public stenographer will be borne by the Commission.
				  Either party desiring a record of the proceedings shall pay for such
				  record.
This section cited in 37 Pa. Code §
												127.4 (relating to demotions); 37
						Pa. Code §
												127.5 (relating to suspension);
						and 37 Pa. Code §
												127.6 (relating to
						retirement).