Adams Cnty. C.P. Rules of Criminal Procedure Rule 708.1

Parole.

Unless otherwise specifically noted, procedures established by this Rule shall apply to

violations of probation, probation with restrictive conditions, and/or parole, regardless of which

particular form of supervision is involved.

A. Gagnon I Hearing Master: The President Judge shall appoint an attorney authorized

to practice before the Court to conduct Gagnon I hearings.

B. Gagnon I Hearings: Court Administration shall create and distribute an annual

calendar for which there shall be monthly Gagnon I Hearings. Defendants not in

custody shall be scheduled by Court order at least three (3) weeks in advance of the

hearing date. When a defendant has been committed to Adams County Adult

Correctional Complex because of a violation, and no other detainers require

commitment, hearings may be more promptly scheduled. The master shall promptly

file with the Court preliminary findings and recommendations.

C. Gagnon II Hearings: Gagnon II hearings shall be conducted on Revocation Day and

normally scheduled by Court order at least three (3) weeks in advance. As in the case

of Gagnon I hearings, hearings may be more promptly scheduled when a defendant is

incarcerated.

D. Failure to appear: A judge may order that a bench warrant issue for the arrest of any

defendant who fails to appear at a hearing. Any person so arrested shall be produced

before a judge within 72 hours after being placed in the Adams County Adult

Correctional Complex. The judge shall explain the reasons defendant is being held,

the right to counsel and to hearing(s) on the charges and the possible consequences of

being found in violation.

1. Normally, when defendant has been arrested for failure to appear at a Gagnon I

hearing, appearance before a judge shall suffice and be in lieu of that hearing.

However, a Gagnon I hearing may be scheduled at defendant's request.

2. Defendant may admit some or all of the alleged violations, but shall be under no

obligation to deny them.

3. If bail is set, it shall be conditioned on the defendant appearing at the next

regularly scheduled Gagnon I or Gagnon II hearing date that follows arrest as

ordered.

Comment: Although scheduling pursuant to this local rule is intended to reflect a balance

between the necessity to prepare for hearings and defendant's interest in prompt disposition of

charges, considerations of reasonableness may dictate either earlier or later hearings. Nothing in

these rules shall preclude requests for special scheduling.

E. Commencement of proceedings: Revocation proceedings may be commenced by

petition and rule to show cause or by arrest. When commenced by arrest, defendant

shall be produced before a judge without unnecessary delay. If possible, defendant

shall be produced within 72 hours of placement at Adams County Prison.

[Pa.B. Doc. No. 24-975. Filed for public inspection July 12, 2024, 9:00 a.m.][Replacement of entire set of

Rules]

[Pa.B. Doc. No. 24-1770. Filed for public inspection December 13, 2024, 9:00 a.m.][Addition of Rule 547]

[Pa.B. Doc. No. 25-603. Filed for public inspection May 9, 2025, 9:00 a.m.][Rule 507]

{current as of June 10, 2025}