reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › FUNDING QUALIFICATION, SENTENCING AUTHORITY AND PROJECT GRANT REQUESTS › Section 451.33 - Areas to be addressed in development of a Plan

Current through Register Vol. 54, No. 28, July 13, 2024
In developing a Plan, counties shall prepare the
					 following:
(1) An assessment of
				  available countywide correctional services and future needs.
(2) A review of current sentencing procedures
				  and the impact these procedures have on county correctional
				  resources.
(3) A review of current
				  alternatives to pretrial detention and the potential these programs have for
				  affecting on the jail population.
(4) A description of the existing resources
				  in the county which can be used as intermediate punishments or support services
				  to offenders sentenced to intermediate punishment.
(5) The formulation of policy statements
				  targeted to the needs identified by the county and the impact these policies
				  will have on the use of confinement and intermediate punishment.
(6) The development of goals and objectives
				  which are aimed at effective utilization of existing and projected correctional
				  resources.
(7) The development of
				  an evaluation strategy which measures the qualitative and quantitative
				  performances of all programs.
This section cited in 37 Pa. Code §
												451.31 (relating to funding
						qualification only); 37 Pa. Code §
												451.34 (relating to Prison
						Facilities Improvement Act funding qualification and Intermediate Punishment
						Sentencing Act authority or Intermediate Punishment Sentencing Act authority
						only); and 37 Pa. Code §
												451.35 (relating to project grant
						requests).
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › FUNDING QUALIFICATION, SENTENCING AUTHORITY AND PROJECT GRANT REQUESTS › Section 451.34 - Prison Facilities Improvement Act funding qualification and Intermediate Punishment Sentencing Act authority or Intermediate Punishment Sentencing Act authority only

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A county
				  submitting a Plan for both Prison Facilities Improvement Act qualification and
				  Intermediate Punishment Sentencing Act authority or Intermediate Punishment
				  Sentencing Act authority only shall comply with §§
										451.32,
				  451.51 and
				  451.52 (relating to preparation of
				  the Plan; program elements; and sentencing restrictions) and the minimum
				  program standards at §§
										451.111-451.124 (relating to intermediate
				  punishment program minimum standards). Counties are also strongly encouraged to
				  develop Plans which incorporate the elements listed under §
										451.33 (relating to areas to be
				  addressed in development of a Plan).
(b) A county shall certify that it is in
				  compliance with subsection (a) by the signature of the president of the board
				  and the chairperson of the county commissioners, or equivalent persons in
				  applicable counties, in the manner and form prescribed by the
				  Commission.
(c) For each Program
				  not included in §
										451.51 or the minimum standards
				  beginning at §
										451.111 (relating to Alcohol and
				  Drug Outpatient Treatment Program), a county shall submit a description in
				  sufficient detail to enable the Commission to evaluate the same.
(d) The Plan submitted shall be reviewed by
				  the staff of the Commission for compliance with subsections (a)-(c). Within 90
				  days, the Commission staff will do one of the following:
(1) Notify the board that the Plan has been
				  approved for the purpose of Intermediate Punishment Sentencing Act authority
				  and concurrently notify the Department of Corrections when Prison Facilities
				  Improvement Act funding is at issue.
(2) Notify the board of the deficiencies in
				  the Plan and the amendments which shall be made or added to satisfy subsections
				  (a)-(c).
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › FUNDING QUALIFICATION, SENTENCING AUTHORITY AND PROJECT GRANT REQUESTS › Section 451.35 - Project grant requests

Current through Register Vol. 54, No. 28, July 13, 2024
A county submitting a grant application to the Commission
					 for funding for new or enhanced programs shall comply with §§
										451.32 and
					 451.33 (relating to preparation of
					 the Plan; and areas to be addressed in development of a Plan) in addition to
					 the requirements in the Commission's
Applicant's Manual
, which
					 governs the subgrant process.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › PROGRAM ELEMENTS AND SENTENCING RESTRICTIONS › Section 451.51 - Program elements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  program may be either residential or nonresidential and either custodial or
				  noncustodial, or a combination thereof, and may include the following:
(1) House arrest.
(2) Electronic monitoring.
(3) House arrest combined with electronic
				  monitoring.
(4) Probation with
				  daily reporting.
(5) Intensive
				  supervision.
(6) Full-time
				  participation in a community public works project.
(7) Full- or part-time participation in a
				  public or private community service project.
(8) Housing in a community residential
				  treatment or residential rehabilitative center.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › PROGRAM ELEMENTS AND SENTENCING RESTRICTIONS › Section 451.52 - Sentencing restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only
				  eligible offenders may be sentenced to intermediate punishment.
(b) A person convicted of DUI is eligible for
				  sentencing to only the following types of programs, if the Court elects to
				  sentence the offender to intermediate punishment:
(1) A residential inpatient drug and alcohol
				  program or a residential rehabilitative center program.
(2) House arrest and electronic monitoring
				  combined with drug and alcohol treatment.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › SCOPE OF PROGRAM › Section 451.101 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the minimum
				  standards incorporate the requirements of another State agency as reflected in
				  their regulations, the latter will govern.
(b) In instances where reference is made to
				  minimum standards for the housing of offenders, efforts should be made to
				  establish separate facilities for eligible female offenders.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.111 - Alcohol and Drug Outpatient Treatment Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The board shall approve and implement
				  written policies and procedures for the Alcohol and Drug Outpatient Treatment
				  Program. The board shall document that the services are provided by a current
				  licensee of the Department of Health, Office of Drug and Alcohol Programs
				  (ODAP) for outpatient activities. Chapter 709, Subchapter I (relating to
				  standards for outpatient activities) of Title 28 of the
Pennsylvania
				  Code
is incorporated by reference and is applicable to alcohol and
				  drug outpatient treatment programs in free-standing facilities. Chapter 709,
				  Subchapter C (relating to general standards for freestanding treatment
				  activities) of Title 28 of the
Pennsylvania Code
is
				  incorporated by reference and is applicable to drug and alcohol outpatient
				  programs and residential inpatient nonhospital drug and alcohol programs.
				  Chapter 711, Subchapter H (relating to standards for outpatient activities) of
				  Title 28 of the
Pennsylvania Code
is incorporated by reference
				  and is applicable to outpatient drug and alcohol treatment provided by
				  treatment centers which are part of a health care facility.
(b) The Alcohol and Drug Outpatient Treatment
				  Program policies and procedures shall include the following elements:
(1) A drug testing capability.
(2) Diagnostic assessment of an offender's
				  dependency on alcohol or other drugs by the Office of Drug and Alcohol Programs
				  or a designee, a county authority on drugs and alcohol or a designee or
				  clinical personnel of a facility licensed by the Office of Drug and Alcohol
				  Programs. Counties are encouraged, in addition, to conduct full clinical
				  diagnostic evaluations.
(3)
				  Provisions for treatment under
				  75 Pa.C.S. §
												1548(b) (relating to
				  requirements for driving under influence offenders).
(4) A monitoring component to ensure
				  offenders' compliance with the conditions of the Program.
(5) Policy and procedure for responding to
				  major and minor violations of Program conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.112 - Community Service Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The board shall approve and implement written policies and procedures for
				  community service.
(b) The
				  Community Service Program policies and procedures shall include the following
				  elements:
(1) A drug testing capability for
				  appropriate offenders. Those counties which choose to contract out the
				  coordination of a Community Service Program to a noncourt agency, such as the
				  Red Cross or United Way, shall implement procedures to ensure the proper
				  conducting of the drug testing.
(2)
				  Equitable and consistent assignment of community service hours within a
				  standard range.
(3) Procedures for
				  the documented onsite supervision of each offender performing community
				  service.
(4) The establishment of
				  an annual reporting system to collect individual offender and aggregate program
				  data on community service ordered and community service performed.
(5) The anticipated length of offenders'
				  participation in the Program.
(6) A
				  monitoring component to ensure offenders' compliance with the conditions of the
				  Program.
(7) Policy and procedure
				  for responding to major and minor violations of Program conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.113 - Drug Testing Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  board will approve and implement written policies and procedures for the Drug
				  Testing Program.
(b) The Drug
				  Testing Program policies and procedures shall include the following elements:
(1) The purposes of testing, that is, whether
				  it is for rehabilitative or treatment purposes, for the protection of the
				  community, for the use of the Court in sentencing or for the compilation of
				  statistics.
(2) The manner of
				  offender selection, that is, whether Court-ordered, randomly selected or
				  applicable to eligible offenders.
(3) The frequency of testing.
(4) The chain-of-custody
				  procedures.
(5) Confirmation
				  procedures for positive drug tests through the use of a more sensitive
				  procedure than used in initial screening and the rationale for use of the
				  particular method selected.
(6) A
				  description of drug testing methodologies.
(7) A policy regarding reporting and use of
				  testing results.
(8) A
				  confidentiality policy.
(9)
				  Evaluation procedures.
(10) A
				  monitoring component to ensure offenders' compliance with the conditions of the
				  Drug Testing Program.
(11) Policy
				  and procedure for responding to major and minor violations of Drug Testing
				  Program conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.114 - Electronic Monitoring Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The board shall approve and implement
				  written policies and procedures for the Electronic Monitoring
				  Program.
(b) The Electronic
				  Monitoring Program policies and procedures shall include the following
				  elements:
(1) A drug testing capability for
				  appropriate offenders.
(2) The
				  timely detection of violations.
(3)
				  The maintenance of a 24-hour-per-day response to detect violations.
(4) A monitoring component to ensure
				  offenders' compliance with the conditions of the Electronic Monitoring
				  Program.
(5) Policy and procedure
				  for responding to major and minor violations of Electronic Monitoring Program
				  conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.115 - Fines Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  board will approve and implement written policies and procedures for the Fines
				  Program.
(b) The Fines Program
				  policies and procedures shall include the following elements:
(1) The establishment of administrative
				  standards regarding the time and amount of payment, the scheduling of
				  installment payments and the monitoring thereof. Consideration should be given
				  to shifting routine payment duties to nonprofessional staff.
(2) The communication of the importance of
				  the collection effort to managers and supervisors.
(3) The establishment of an annual reporting
				  system to collect individual offender and aggregate program data on fines
				  ordered and fines collected.
(4) A
				  monitoring component to ensure offenders' compliance with the conditions of the
				  Fines Program.
(5) Policy and
				  procedure for responding to major and minor violations of Fines Program
				  conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.116 - Halfway Facility or Residential Rehabilitative Center Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The board will
				  approve and implement written policies and procedures for the Halfway Facility
				  or Residential Rehabilitative Center Program. Halfway facilities may be
				  utilized for the reintegration of offenders into the community following
				  confinement or as an alternative form of partial confinement in lieu of
				  traditional confinement. Drug and alcohol treatment services provided to
				  offenders in either halfway facilities or residential rehabilitative centers
				  shall meet the requirements of §
										451.111(a)
				  (relating to Alcohol and Drug Outpatient Treatment Program).
(b) The Halfway Facilities Program policies
				  and procedures shall include the following elements:
(1) A drug testing capability for appropriate
				  offenders.
(2) A requirement that
				  the needs of the offender, such as literacy, education, employment, curfews,
				  AA/NA participation, outpatient treatment for alcohol, drugs or MH/MR, and job
				  development, be evaluated and addressed.
(3) The anticipated length of offenders'
				  participation in the Halfway Facilities Program.
(4) A requirement that Halfway Facilities
				  Program staff responsible for supervising offenders sentenced to a halfway
				  facility or residential rehabilitation center make weekly, face-to-face contact
				  with the staff thereof to discuss intermediate punishment offender
				  residents.
(5) A requirement that
				  Halfway Facilities Program staff responsible for supervising offenders
				  sentenced to a halfway facility or residential rehabilitative center make a
				  minimum of four face-to-face contacts per month.
(6) A monitoring component to ensure
				  offenders' compliance with the conditions of the Halfway Facilities
				  Program.
(7) Policy and procedure
				  for responding to major and minor violations of Halfway Facilities Program
				  conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.117 - House Arrest Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  board will approve and implement written policies and procedures for the House
				  Arrest Program.
(b) The House
				  Arrest Program policies and procedures shall include the following elements:
(1) A drug testing capability for appropriate
				  offenders.
(2) A requirement that
				  offenders be employed or actively seeking employment or enrolled in educational
				  program/vocational training or participating in community service, unless an
				  offender is physically or mentally incapable of performing the same, and have
				  fixed residences.
(3) A monitoring
				  component which defines the frequency of face-to-face and collateral contacts
				  to ensure offenders' compliance with the conditions of the House Arrest
				  Program.
(4) Limitation of the
				  caseloads of House Arrest Program supervising officers consistent with the
				  supervisory plan described in paragraph (3).
(5) A requirement that a minimum of two
				  face-to-face and three collateral contacts be made by the supervising officers
				  each month.
(6) Policy and
				  procedure for responding to major and minor violations of House Arrest Program
				  conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.118 - Individualized Services Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The board shall approve and implement written policies and procedures for the
				  Individualized Services Program. The board shall document, when appropriate,
				  that the services provided are in compliance with applicable State and local
				  laws and regulations.
(b) The
				  Individualized Services Program policies and procedures shall include the
				  following elements:
(1) A drug testing
				  capability for appropriate offenders.
(2) Licensure by the Department of Health's
				  Office of Drug and Alcohol Programs, when applicable.
(3) Establishment of services based upon
				  offenders' needs and available community resources.
(4) Efforts to recruit, screen and select
				  service providers.
(5) Guidelines
				  to monitor the purchase of offender services.
(6) A monitoring component to ensure
				  offenders' compliance with the conditions of the Individualized Services
				  Program.
(7) Policy and procedure
				  for responding to major and minor violations of Individualized Services Program
				  conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.119 - Intensive Supervision Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The board will approve and implement
				  written policies and procedures for the Intensive Supervision
				  Program.
(b) The Intensive
				  Supervision Program policies and procedures shall include the following
				  elements:
(1) A drug testing capability for
				  appropriate offenders.
(2) A
				  monitoring component which defines the frequency and method of face-to-face and
				  collateral contacts to ensure offenders' compliance with the conditions of the
				  Intensive Supervision Program.
(3)
				  Limitation of the caseloads of Intensive Supervision Program supervising
				  officers consistent with the supervisory component described in paragraph
				  (2).
(4) A requirement that a
				  minimum of eight to twelve face-to-face and four to six collateral contacts be
				  made by the supervising officers each month.
(5) A requirement that face-to-face and
				  telephone contacts with offenders be made at all hours, 7 days per
				  week.
(6) A requirement that there
				  be additional qualifications for participating offenders, such as work or
				  vocational training, community service, drug or alcohol treatment and, in
				  appropriate cases, a curfew.
(7)
				  Policy and procedure for responding to major and minor violations of Intensive
				  Supervision Program conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.120 - Probation with Daily Reporting Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The board shall approve and implement
				  written policies and procedures for the Probation with Daily Reporting
				  Program.
(b) The Probation with
				  Daily Reporting Program policies and procedures shall include the following
				  elements:
(1) A drug testing capability for
				  appropriate offenders.
(2)
				  Requirements that the offenders:
(i) Report
				  each day to a location designated by the board.
(ii) Provide a daily schedule of planned
				  activities.
(iii) Participate in
				  designated programs, services and activities.
(iv) Report by phone to the designated
				  location throughout the day.
(3) A requirement that the Daily Reporting
				  Program staff make random phone checks both during the day and at home
				  following curfew, if one is imposed.
(4) A monitoring component to ensure the
				  offenders' compliance with the conditions of the Daily Reporting
				  Program.
(5) Policy and procedure
				  for response to major and minor violations of Daily Reporting Program
				  conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.121 - Residential Inpatient Drug and Alcohol Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The board shall approve and implement
				  written policies and procedures for the Residental Inpatient Drug and Alcohol
				  Program. The board shall document that the services are provided by a licensee
				  of the Department of Health, Office of Drug and Alcohol Programs (ODAP) for
				  residential inpatient drug and alcohol treatment. Chapter 709, Subchapter E
				  (relating to standards for inpatient nonhospital activities-residential
				  treatment and rehabilitation) of Title 28 of the
Pennsylvania
				  Code
is incorporated by reference and is applicable to nonhospital
				  residential drug and alcohol treatment services. Chapter 709, Subchapter C
				  (relating to general standards for freestanding treatment activities) of Title
				  28 of the
Pennsylvania Code
is incorporated by reference and
				  is applicable to nonhospital residential drug and alcohol treatment services.
				  Chapter 711, Subchapter D (relating to standards for inpatient nonhospital
				  activities-residential treatment and rehabilitation) of Title 28 of the
Pennsylvania Code
is incorporated by reference and is
				  applicable to residential nonhospital drug and alcohol treatment services
				  provided by a treatment center which is part of a health care facility. The
				  board shall also document that facilities to which offenders are sentenced for
				  residential treatment are in compliance with other State and local laws and
				  regulations.
(b) The Residential
				  Inpatient Drug and Alcohol Program policies and procedures shall include the
				  following elements:
(1) A drug testing
				  capability.
(2) Establishment of
				  services based on an assessment of the offenders' needs and available community
				  resources.
(3) Establishment of
				  aftercare and followup services involving sustained and frequent interaction
				  with recovering individuals who have progressed from the intensive or primary
				  phase of treatment.
(4) Efforts to
				  recruit, screen and select service providers.
(5) Guidelines to monitor the purchases of
				  services for offenders.
(6) A
				  monitoring component to ensure the offenders' compliance with the conditions of
				  the Residential Inpatient Drug and Alcohol Program.
(7) Policy and procedure for responding to
				  major and minor violations of Residential Inpatient Drug and Alcohol Program
				  conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.122 - Victim Restitution Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The board shall approve and implement
				  written policies and procedures for the Victim Restitution Program.
(b) The Victim Restitution Program policies
				  and procedures shall include the following elements:
(1) The requirement that an offender pay a
				  reasonable amount of restitution as determined by the court.
(2) The requirement that the amount of
				  restitution be fixed by the court.
(3) The development, whenever feasible, of
				  private sector or subsidized employment, or both, to enable indigent offenders
				  to pay restitution.
(4) The
				  development of a strategy to encourage payment of restitution.
(5) The establishment of a reporting system
				  to collect individual offender and aggregate program data on restitution
				  ordered and restitution collected.
(6) A drug testing capability for appropriate
				  offenders.
(7) A monitoring
				  component to ensure the offender's compliance with conditions of the Victim
				  Restitution Program.
(8) Policy and
				  procedure for responding to major and minor violations of Victim Restitution
				  Program conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.123 - Work Camp Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  board will approve and implement written policies and procedures for the Work
				  Camp Program.
(b) The Work Camp
				  Program policies and procedures shall include the following elements:
(1) A drug testing capability for appropriate
				  offenders.
(2) A requirement that
				  offenders be housed separately from the general prison population.
(3) The anticipated length of offenders'
				  participation in the Work Camp Program.
(4) An aftercare program that will be part of
				  postrelease supervision.
(5) The
				  training, treatment and education given during confinement to promote the
				  development of new behavior.
(6) An
				  inmate safety program.
(7)
				  Liability issues involving work assignments.
(8) A monitoring component to ensure
				  offenders' compliance with the conditions of the Work Camp Program.
(9) Policy and procedure for responding to
				  major and minor violations of Work Camp Program conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 451 - INTERMEDIATE PUNISHMENT PROGRAMS › INTERMEDIATE PUNISHMENT PROGRAM MINIMUM STANDARDS › Section 451.124 - Work Release Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  board will approve and implement written policies and procedures for the Work
				  Release Program.
(b) The Work
				  Release Program policies and procedures shall include the following elements:
(1) The specific criteria for eligibility for
				  sentencing to work release.
(2) A
				  drug testing capability for appropriate offenders.
(3) A mandated number of visits to or
				  contacts with the work place by Work Release Program staff.
(4) Procedures for notifying employers of
				  their responsibilities to their employed offenders.
(5) Procedures for notifying employers of the
				  status of their employed offenders.
(6) The length of offenders' participation in
				  the Work Release Program.
(7) The
				  mechanics of accounting for and auditing of offender earnings.
(8) A monitoring component to ensure
				  offenders' compliance with the conditions of the Work Release
				  Program.
(9) Policy and procedure
				  for responding to major and minor violations of Work Release Program
				  conditions.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 471 - FIRST CHANCE TRUST FUND-STATEMENT OF POLICY › Section 471.101 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is adopted to administer the Fund.
The provisions of Chapter 471 issued under section
					 12.1 of the act of October 30,
					 2017 (P.L.
					 725, No. 44), unless otherwise
					 noted.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 471 - FIRST CHANCE TRUST FUND-STATEMENT OF POLICY › Section 471.102 - 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:
Child
-An individual under 18 years of age
				  who resides in this Commonwealth.
Department
-The Department of Corrections of
				  the Commonwealth.
Fund
-The First Chance Trust Fund established
				  under section 1753-A.1 of The Fiscal Code (72 P.S. §
										1753-A.1).
Program
-An evidence-based or outcome-based
				  program for children who meet the eligibility requirements determined by the
				  Commission aimed at reducing risk factors and producing positive outcomes,
				  which may include mentoring, individual counseling and therapeutic services,
				  and family-strengthening activities.
Scholarship program
-A program which assists
				  students in obtaining education or other vocational training that meets all of
				  the following criteria:
(i) The
				student resides within this Commonwealth and attends an educational or
				vocational training institution located in this Commonwealth.
(ii) The student is 24 years of age or
				younger.
(iii) The student meets
				other eligibility requirements as determined by the Commission in accordance
				with section 1753-A.1 of The Fiscal Code.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 471 - FIRST CHANCE TRUST FUND-STATEMENT OF POLICY › Section 471.103 - Risk factors

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission is required under Subarticle F of Article
				  XVII-A.1 of The Fiscal Code (72 P.S. §§
										1751-A.1-1755-A.1) to identify risk factors
				  that lead to criminal behavior for children and students in regions of this
				  Commonwealth which have statistically higher high school dropout rates, high
				  incarceration rates or are in areas of high crime, which shall be used by the
				  Commission in determining eligibility for allocation of funds. Research has
				  identified risk factors that are known to predict increased likelihood of
				  delinquency and violent behavior among youth. The Risk and Protective
				  Framework, which is utilized to implement the Communities-That-Care model, and
				  the Pennsylvania Youth Survey, identifies these risk factors as follows:
*
Community
* Low neighborhood attachment
* Perceived availability of drugs (risk factor for violence
				  only)
* Perceived availability of handguns
* Community laws and norms favorable toward drug use,
				  firearms and crime
*
Family
* Family history of antisocial behavior
* Poor family management
* Family conflict
* Parental attitudes favorable toward drugs and antisocial
				  behavior
*
School
* Academic failure
* Low commitment to school
*
Peer and Individual
* Rebelliousness
* Gang involvement
* Perceived risk of drug use
* Attitudes favorable toward antisocial behavior and drug
				  use
* Friend's use of drugs
* Interaction with antisocial peers
* Depressive symptoms
Source
: Pennsylvania Youth Survey (PAYS)
				  State Report 2021.
The provisions of this §
											471.103 amended under section
					 1751-A.1 of The Fiscal Code (72 P.S. §
												1751-A.1).
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 471 - FIRST CHANCE TRUST FUND-STATEMENT OF POLICY › Section 471.104 - Maintenance and use of the Fund

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will allocate revenues
				from the Fund for the following purposes:
(1)
				Establishing and operating a scholarship program for students in those regions
				of this Commonwealth which have statistically higher high school dropout rates,
				incarceration rates or high crime rates as determined by the
				Commission.
(2) Providing grants to
				programs that benefit children in those regions of this Commonwealth which have
				statistically higher high school dropout rates, incarceration rates or high
				crime rates as determined by the Commission.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 481 - INDIGENT DEFENSE › Subchapter A - Indigent Defense Advisory Committee › Preliminary Standards for Delivery of Effective Indigent Defense Services › Section 481.21 - Standard 1: Funding, structure and oversight

Current through Register Vol. 54, No. 28, July 13, 2024
Where county case volume allows, indigent defense should be a
						mixed system: primarily dedicated public defender offices, augmented by additional
						court appointed/conflict counsel to handle overflow and conflict of interest cases.
						The compensation for lawyers working for public defender offices should be
						appropriate for and comparable to other publicly funded lawyers. Court
						appointed/conflict counsel should be paid a reasonable fee, in a timely manner, that
						reflects the cost of overhead and other office expenses, as well as payment for
						work. Investigators, social workers, experts and other staff and service providers
						necessary to indigent defense for all indigent defense providers should also be
						compensated in a manner consistent with this principle.
Pennsylvania Code › Title 37 - LAW › Part VI - Commission on Crime and Delinquency › Chapter 481 - INDIGENT DEFENSE › Subchapter A - Indigent Defense Advisory Committee › Preliminary Standards for Delivery of Effective Indigent Defense Services › Section 481.22 - Standard 2: Essential Components of Effective Representation

Current through Register Vol. 54, No. 28, July 13, 2024
Indigent defense providers should adopt a client-centered
						approach to representation based around a client's needs and working with them to
						achieve their goals. Indigent defense providers should have the assistance of
						investigators, social workers, mitigation specialists, experts and other specialized
						professionals necessary to meet indigent defense needs. Funding for such services
						should be provided to and controlled by indigent defense providers. Indigent defense
						providers should address collateral issues that are relevant to their clients'
						cases. Indigent defense providers can offer direct assistance with such issues or
						establish collaborations with, or provide referrals to civil legal services
						organizations, social services providers and other lawyers and non-lawyer
						professionals.
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter prescribes the information that county sheriffs
				  shall obtain from persons or businesses seeking to be licensed as precious
				  metals dealers, the information and verification practices the dealers shall
				  carry out in recording precious metals transactions, the fee for an annual
				  license as a precious metals dealer, the provisions for posting prices and the
				  standards for scales and weighing devices. This chapter implements parts of the
				  act so as to render the act enforceable, and parties administering or
				  conducting business under the act shall familiarize themselves with it. The act
				  does not supersede or preclude the adoption of a municipal ordinance applicable
				  to dealers in precious metals if the municipal ordinance meets the minimum
				  requirements of the act.
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				words and terms, when used in this chapter, have the following meanings, unless
				the context clearly indicates otherwise:
Act
-The act of February 24, 1984 (P. L. 92,
				  No. 17) (73 P. S. §§
											1931-1942).
Dealer in precious metals
-An individual,
				  partnership, association, corporation or business entity, who or which
				  purchases precious metals from the general public for resale or refining or an
				  individual who acts as agent for the individual, partnership, association,
				  corporation or business entity for the purchases. The term does not include
				  financial institutions licensed under Federal or State banking laws, the
				  purchaser of precious metals who purchases from a seller seeking a trade-in or
				  allowance, the manufacturers of jewelry or of other items composed, in whole or
				  in part, of gold, silver or platinum and the purchaser of precious metals for
				  his own use or ownership and not for resale or refining.
Precious metals
-Items containing or being
				  of gold, silver or platinum, including, but not limited to, jewelry and silver
				  services. The term does not include coins, ingots, bullion or photographic film
				  or articles containing less than 5% of gold, silver or platinum by
				  weight.
(b) Other words and
				terms used in this chapter have the meanings contained in section 1 of the act
				(73
				P. S. §
										1931).
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.3 - License applications

Current through Register Vol. 54, No. 28, July 13, 2024
An application for an annual license as a dealer in precious
				  metals shall be submitted to the sheriff of each county in which the dealer
				  purchases precious metals. The dealer applicant shall provide all of the
				  information required by §
									501.4 (relating to information to
				  be provided in license applications) in a complete, accurate and legible manner
				  on a form to be supplied by the county sheriff. Forms that satisfy the
				  informational requirements of §
									501.4 are deemed approved by the
				  Office of Attorney General.
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.4 - Information to be provided in license applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individuals.
Individuals
				shall provide the following information:
(1)
				Full name, any previous names and any aliases.
(2) Current address and telephone number and
				complete address of all residences during the preceding 5 years.
(3) Age.
(4) Sex.
(5) Name, address and telephone number of the
				applicant's employer, if any.
(6)
				Address and telephone number of the applicant's place of business.
(7) Name under which the applicant's business
				will be operated and, if the business is to be conducted under an assumed or
				fictitious name, the date of registration of the fictitious name.
(8) Whether the applicant has been indicted
				or convicted of a crime in this Commonwealth or elsewhere.
(9) Whether the applicant has ever had an
				application for a precious metals dealer license rejected or has ever had a
				precious metals dealer license suspended, cancelled or revoked by a Federal,
				State or municipal authority.
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.5 - License fee

Current through Register Vol. 54, No. 28, July 13, 2024
The annual license fee is $50 payable at the time application
				  is made to the county treasurer to be paid in a form satisfactory to the county
				  treasurer.
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.6 - Records of transactions

Current through Register Vol. 54, No. 28, July 13, 2024
The dealer shall completely, accurately and legibly record
				  every transaction on a form provided by and prepared by the dealer. Forms that
				  meet all of the requirements for information as set forth in this section are
				  deemed approved by the Office of Attorney General. The record of every
				  transaction shall include:
(1) The
				name, address, age, sex, race and driver's license number, if any, of the
				seller shall be entered.
(2) The
				identity of the seller shall be established by requiring the seller to produce
				an identification issued by a governmental agency with a photo of the seller
				thereon, if available, and at least one other corroborating means of
				identification. Otherwise, identification sufficient to reliably establish the
				person's true identity shall be required.
(3) The seller shall be required to sign the
				form on which is recorded the information required by this section.
(4) An accurate description of the property
				purchased shall include all names, initials, serial numbers or other
				identifying marks or monograms on each item purchased.
(5) The time and date of the transaction
				shall be recorded at the time of the transaction. Records of transactions shall
				be maintained by the dealer in precious metals for a period of 1 year and shall
				be available for inspection by any law enforcement official of the Federal
				Government, the Commonwealth or its municipalities. A copy of every record of
				transaction shall be delivered or mailed to the district attorney of the county
				in which a purchase of precious metals is made by the close of the next working
				day after the day on which the metal is purchased. The district attorney may
				authorize records to be delivered or mailed to the police department of the
				municipality in which the precious metal is purchased in lieu of delivery or
				mailing to the district attorney. Each item of precious metal purchased by a
				dealer in precious metals shall be retained in unaltered condition for 5 full
				working days after report of its purchase has been filed with the proper
				district attorney or his designee.
This section cited in 37 Pa. Code §
											501.8 (relating to purchase from
					 minors).
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.7 - Time and manner of keeping records by district attorneys and police departments

Current through Register Vol. 54, No. 28, July 13, 2024
The record of every transaction received by a district
				  attorney or police department shall be kept in a safe and secure place at an
				  appropriate official location for 24 months. Records of dealer transactions may
				  be made available to law enforcement officials, other governmental entities and
				  persons who, in the opinion of the custodian of the dealer transaction record,
				  should be permitted access, such as an insurance company.
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.8 - Purchases from minors

Current through Register Vol. 54, No. 28, July 13, 2024
When a purchase is made from a minor, the written authority
				  of the parent, guardian or person in loco parentis authorizing the sale shall
				  be attached and maintained with the record of transaction described in §
									501.6 (relating to records of
				  transactions).
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.9 - Posting of prices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When
				a weighing device is used to purchase precious metals, there shall be posted,
				on a conspicuous sign located close to the weighing device, a statement of
				prices for the precious metals being purchased as a result of the weight
				determination.
(b) The statement of
				prices shall include, but not be limited to, the following in terms of the
				price per troy ounce:
(1) The price for 24
				karat, 18 karat, 14 karat and 10 karat gold.
(2) The price for pure silver and sterling
				silver.
(3) The price for
				platinum.
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.10 - Scales and weighing devices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				weighing device used in the purchase of precious metals shall be positioned in
				such a manner that its indications may be accurately read and the weighing
				operation observed from a position which may be reasonably assumed by the buyer
				and the seller. A verbal statement of the result of the weighing shall be made
				by the person operating the device and recorded on the dealer's record of
				transaction.
(b) The minimum
				graduation on the weighing device used for the purchase of precious metals
				shall not exceed 0.1 gram or 0.1 pennyweight for weighing devices whose
				capacities are 3,000 grams or 100 troy ounces and less. The minimum weight load
				permitted to be determined on a weighing device shall not be less than the
				equivalent of 25 times the smallest graduation on the weighing
				device.
(c) This section is subject
				to the Weights and Measures Act of 1965 (73 P. S.
				§§
										1651-1692).
Pennsylvania Code › Title 37 - LAW › Part VII - Precious Metals › Chapter 501 - PURCHASE AND SALE OF PRECIOUS METALS › Section 501.11 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The purchase of
				an item of precious metal by an unlicensed dealer in precious metals shall
				constitute a violation of the act, and the dealer shall be guilty of a
				misdemeanor of the third degree.
(b) A licensed dealer in precious metals who
				violates the act shall be guilty of a misdemeanor of the third
				degree.
(c) An individual,
				partnership, association, corporation or business entity violating the act
				shall, upon conviction, in addition to the penalties set forth in subsections
				(a) and (b), suffer immediate revocation of an existing license issued under
				the act and be ineligible to apply for a dealer's license under the act for 5
				years thereafter.
Pennsylvania Code › Title 37 - LAW › Part VIII - Automated Criminal Justice Information Systems › Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY › Section 601.1 - Background

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Amendments to
				the act permit criminal justice agencies to place intelligence, investigative
				and treatment information in their automated data processing systems subject to
				certain restrictions and requirements.
(b) The Office of Attorney General has the
				duty to adopt and issue guidelines for criminal justice agencies to follow in
				implementing the amendments. This chapter shall be in effect until regulations
				are promulgated under the act.