Venango Cnty. C.P. Local Criminal Rules Promulgation 3

evidence of the value of the realty. This can be either a certified copy

of the most recent tax assessment or a sworn statement as to the fair

market value of the real estate prepared by a licensed real estate

appraiser to appraise in the Commonwealth of Pennsylvania.

(D) The Judge or Magisterial District Judge, as the case may be, shall make the

determination of whether the value of the property less liens and

encumbrances is sufficient to satisfy the monetary condition. For property

located outside the Commonwealth but within the United States, the Clerk

may impose reasonable conditions designed to perfect the lien. The Clerk

shall not accept realty outside the Commonwealth as fulfillment of the

monetary condition, in whole or in part, without special approval of Court.

(E) The Judge or the Magisterial District Judge, as the case may be, shall

ensure that any realty bond complies with these rules prior to approval of

any realty bond.

(F) As final acceptance of the realty as security, the Clerk of Courts shall cause

a judgment to be confessed against all owners thereof in the appropriate

county in favor of the Commonwealth for the use of Venango County. The

Clerk of Courts is hereby authorized to execute all judgment lien releases

for property that may be encumbered by the judgment lien but not intended

to serve as security, and is further authorized to cause the judgment lien to

be marked as satisfied after the full and final disposition of the case. The

Clerk shall file a certificate among the papers of the criminal case certifying

that judgment has been entered and setting forth the pertinent details of

entry.

V.C.R.Crim.P. 528.1. Percentage Cash Bail System

(A) A defendant charged with a crime in Venango County, or a third party

surety who is not a professional bondsman or an agent or representative of

a professional bondsman, may if authorized by the issuing authority or the

Court execute a bail bond and deposit with the issuing authority or Clerk of

Courts by depositing money equal to ten percent (10%) of the amount of

bail set, but in no event less than fifty dollars ($50.00).

(B) The money furnished shall be receipted for, deposited, accounted for,

forfeited or returned in accordance with Pennsylvania Rules of Criminal

Procedure 535 and 536.

(C) If there has been no forfeiture, upon full and final disposition of the case,

the Clerk of Courts or issuing authority shall retain any bail-related fees or

commissions authorized by law, and the reasonable costs, if any, of

administering the cash bail system. The balance shall be returned to the

person who posted the money with the issuing authority or the Clerk of

Courts within twenty (20) days of full and final completion of the case.

Notice of the full and final disposition shall be sent by the Clerk of Courts to

the person who originally posted the money at the address of record upon a

full and final completion of the case. Any money not claimed within one

hundred eighty (180) days from the date of notice shall be deemed as fees

and shall be forfeited to the use of the County of Venango.

V.C.R.Crim.P. 528.2. After Hours Bail

The Venango County Prison shall be authorized to accept bail and release defendants

after normal business hours of the Court and on weekends upon receipt of the

amount of monetary bail set by the issuing authority and the proper execution of all

necessary documentation. The Warden of the Venango County Prison shall

designate the appropriate officer to accept bail and complete all necessary

documentation to admit the defendant to bail and release him or her from custody.

All necessary forms shall be sent along with the defendant upon his or her

commitment to the Venango County Prison by the issuing authority. All money

received by the Venango County Prison for bail shall be transmitted along with a set

of signed original bond forms to the issuing authority within forty-eight (48) hours,

or if the case has been held for court then to the Clerk of Courts.

V.C.R.Crim.P. 536. Pre-Release Advisory Board (PRAB)

(A) BOARD MEMBERS

(1) The Pre-Release Advisory Board shall consist of the following

members:

(i) Director of Court Supervision Services or a representative

designated by that person;

(ii) Parole Agent Supervisor of the State Board of Probation and

Parole for the parole agents who supervise Venango County or

a representative designated by that person;

(iii) Warden of the Venango County Prison or a representative

designated by that person;

(iv) a representative from Venango County Mental Health;

(v) a representative from Venango County Drug and Alcohol;

(2) The chairman shall be appointed by a majority of the board and shall

maintain that position until such time as a majority of the board

requests that a new chairman be appointed.

(3) The Prison Advocate shall be given notice of and permitted to attend

all board meetings and act in an advisory capacity for treatment

programming.

(B) PURPOSE AND SCOPE

(1) The scope of the Board is to advise the judges and magisterial district

judges of the 28th Judicial District on pre-release planning and release

decisions for prisoners who are sentenced to the Venango County

Prison with a minimum sentence (other than a flat sentence) that

exceeds sixty (60) days or confined on a parole revocation order. The

Board will at all times be acting as a representative of the court.

(2) The purpose of the Board is to have prisoners considered for parole or

re-parole beginning 30 days prior to either the minimum sentence or

re-parole eligibility date so that, if possible, the following can occur:

(i) recommended programming is in place at the time of release;

(ii) a determination as to the existence of suitable housing prior to

the prisoner’s release;

(iii) if appropriate, and as authorized in the sentence order when

required under 42 Pa. C.S.A. §9756 (as amended by Act 81,

effective November 24, 2008), that the Prisoner may be

released prior to the stated minimum in the case; and

(iv) allow for input regarding the prisoner’s institutional behavior.

(3) Nothing in this Rule shall impair a prisoner’s right to file a motion for

early parole consideration with the Court and having a hearing

thereon.

(C) BOARD MEETINGS

(1) The Board shall meet no less than once per month, with the frequency

of meetings dictated by the Chairman.

(2) Official action of the Board occurs when a quorum is present. A

quorum for this purpose consists of at least the three following

persons:

(i) Director of Court Supervision Services or a representative

designated by that person;

(ii) Parole Agent Supervisor of the State Board of Probation and

Parole for the parole agents who supervise Venango County or

a representative designated by that person; and

(iii) Warden of the Venango County Prison or a representative

designated by that person.

(3) The Board shall meet at a time and place designated by the Chairman

and when applicable will have the following available at that office:

(i) Pre-Sentence Investigations;

(ii) Psychological and Psychiatric reports;

(iii) Counseling assessments;

(iv) Earned time data;

(v) Letters from employers, clergy, or other relevant information

made available to the court for sentencing or ordered by the

court pursuant to the sentence; and

(vi) Such other information, as in the discretion of any Board

member, that may be useful in making recommendations to the

court concerning release planning and parole decisions.

(D) GUIDELINES – The Board will develop guidelines for use by the judges and

magisterial district judges of this judicial district in establishing minimum

periods of incarceration for parolees whose parole has been revoked. The

guidelines will be available to the members of the bar, the Prison for

reference by prisoners, the parole agents for Venango County, and the

Court Supervision Services Officers.

(E) PAROLE REVOCATION PROCEDURE

(1) If the Court makes the finding of a material violation of a condition or

conditions of parole and therefore revokes parole, the Court may act in

the following manner:

(i) as part of the parole revocation order, the Court shall consider

the guidelines in making a determination of the date of

eligibility for possible re-parole. This does not preclude the

Court from making a determination that the prisoner shall

remain incarcerated for the entire balance of that prisoner’s

sentence.

(ii) If the Court determines that a date of eligibility for re-parole is

appropriate, it shall be a date certain and announced in open

court and made a part of the revocation Order.

(F) REVIEW BY THE BOARD

(1) Regarding prisoners serving an original sentence of incarceration,

including a re-sentence to incarceration following a probation

revocation, the Board shall consider their eligibility for release thirty

days prior to the expiration of their minimum sentence.

(2) Regarding prisoners recommitted to the Venango County Prison to

serve the unexpired term of their sentence following a parole

revocation, the Board shall consider those prisoners for re-parole

consideration beginning thirty days prior to the date set by the court in

the parole revocation order for PRAB review.

(3) Prior to each meeting of the Board, all prisoners shall be identified who

are to be considered for release by the Board and the Chairman shall

ensure that the names of these prisoners are reported to the other

Board members in advance of the meeting.

(G) RECOMMENDATIONS BY THE BOARD

(1) The Board shall review the status of the prisoners being considered for

release and make the following recommendations to the Court:

(i) whether the release of the inmate at his minimum or re-parole

eligibility date would be appropriate;

(ii) whether the prisoner should be confined for some additional

period;

(iii) whether the prisoner may be released before the minimum or

re-parole eligibility date to a treatment program or to house

arrest, electronic monitoring; and

(iv) otherwise design and articulate any conditions for release of the

prisoner and any parole conditions that may be appropriate.

(2) All of the recommendations will be submitted to the court or

sentencing magisterial district judge on a form designed by the Board

for use by the court in making decisions concerning release of the

prisoner.

(3) The judge, or sentencing magisterial district judges, on receiving

petitions, motions, and letters requesting release consideration by a

prisoner, will refer these to the Board for comment and

recommendation. The court may also refer other release questions to

the Board, such as furloughs, release for drug treatment and any other

special circumstances that the Court may be required to address in

managing a prisoner serving a county sentence. However, nothing in

this Rule shall impair a prisoner’s right to file a Motion for early parole

or re-parole consideration with the Court and having a hearing

thereon.

(H) FORMS – The Board shall promulgate and the Court shall approve forms to

implement this program.

(I) AGENCIES AND OTHER INFORMATION – All agencies that routinely provide

the court information shall also make such information available to the

Board upon the Board’s request as if such request were made by the court.

The Board may order assessments from SAP or other providers to assist in

making pre-release decisions.

V.C.R.Crim.P. 602. Presence of the Defendant. Transportation from Current Place of

Detention

(A) When a defendant is in detention in any facility other than Venango County

Prison, and the defendant is scheduled for an appearance before the Court

of Common Pleas of Venango County, the following rules shall apply:

(1) if the defendant is represented by counsel, defense counsel shall

petition the court for an order causing the defendant’s temporary

release from the current place of confinement and causing the

defendant to be transported to confinement in the Venango County Jail

pending and during the appearance before the Court.

(2) if the defendant is not represented by counsel, the attorney for the

Commonwealth shall file such a petition.

(B) The petition may have an appropriate Order attached thereto, and the

petition shall be filed no later than ten (10) days before the date of

appearance.

V.C.R.Crim.P. 700. Sentencing Judge

A sentence on a plea of guilty may be imposed by a judge other than the judge who

received the plea if the defendant has been so notified at the time of entering the

plea or if he agrees thereto at the time of sentencing.

Comment: This rule is not intended to proscribe sentencing by a judge who

did not receive the plea.

V.C.R.Crim.P. 904. PCRA Status Conference

At the time counsel is appointed to represent an indigent defendant for a PCRA

proceeding, the Order shall include scheduling a status conference within sixty days

of appointment. The District Court Administrator shall be copied on the order and

shall schedule the status conference at the time of counsel’s appointment.