262 Adoption of amendment to local rule of criminal procedure 1405; new local rules 1405.1 and 1409.1; misc. no. 6 of 2003

FOREST AND WARREN COUNTIES

Adoption of Amendment to Local Rule of Criminal Procedure 1405; New Local Rules 1405.1 and 1409.1; Misc. No. 6 of 2003

[33 Pa.B. 879]

Order

   And Now, this 29th day of January, 2003, it is ordered that the annexed Local Rule of Criminal Procedure 1405 pertaining to probation/parole in the 37th Judicial District composed of Forest and Warren Counties be, and the same is, promulgated herewith, to become effective on the 30th day following publication of this rule in the Pennsylvania Bulletin.

   The Court Administrator of the 37th Judicial District is directed to:

   1.  File seven (7) certified copies of this Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one disk copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Criminal Procedural Rules Committee.

   4.  File one (1) copy with the Clerks of Court of the 37th Judicial District.

   5.  Forward one (1) copy for publication in the Warren Times Observer and The Forest Press.

By The Court

PAUL H. MILLIN,   
President Judge

Amendment to Local Rule of Criminal Procedure 1405 and Promulgation of 2 new rules, Local Rule of Criminal Procedure 1405.1 Intermediate Punishment General Rules and Regulations and 1409.1 Violation of Intermediate Punishment.

   Rule 1405 is amended by adding the following section:

   21.  Pursuant to Act 35 of 1995, 61 P. S. 331.27b, the defendant shall be subject to and agree to the warrantless search of defendant's person, property, vehicle, or residence and the seizure and appropriate disposal of any contraband found, if it is reasonably suspected that defendant is in violation of probation/parole.

Rule 1405.1  Intermediate Punishment General Rules and Regulations

   All of the general Rules and Regulations for Probation/Parole established in Rule 1405 shall apply to Intermediate Punishment Supervision. The following additional Rules and Regulations shall also apply to Intermediate Punishment supervision.

   1.  The defendant shall abide by all of the rules and conditions of the Warren County Jail while serving the Jail/Work Release portion of the Intermediate Punishment sentence.

   2.  The defendant shall remain in his established place of residence at all times during the House Arrest/Electronic Monitoring portion of the sentence, unless a leave is approved by the Probation Office.

   3.  The defendant shall maintain telephone and electric service throughout the House Arrest/Electronic Monitoring portion of the Intermediate Punishment Sentence.

Rule 1409.1  Violation of Intermediate Punishment: Hearing and Disposition

   The procedure for hearing and disposition established under Rule 1409 shall also apply to violations of Intermediate Punishment supervision.

[Pa.B. Doc. No. 03-262. Filed for public inspection February 14, 2003, 9:00 a.m.]