Washington Cnty. C.P. Local Rules of Criminal Procedure (Updated August 1, 2025) 11

offender, who has a D.U.I. conviction or an A.R.D.

disposition two (2) or more years prior to the current D.U.I. offense

shall be required to attend the alcohol highway safety school and pay

its established tuition.

EXPLANATORY COMMENT TO L-178

This comment is made to permit recovery of costs previously paid the State of

Pennsylvania by Washington County under the authority of 48 Pa. C.S. §3571 et. seq. which

was limited by In re: Lebanon County distribution of Fees or Financial Conditions Imposed

in ARD/DUI cases. 552 A.2d 357 (Pa. Cmwlth. 1989).

ALTERNATIVE DISPOSITION PROGRAM (ADP)

00.L-322. Motion for Entry into Alternative Disposition Program

After criminal proceedings in a court case have been instituted, the attorney for the

Commonwealth may move, before a judge empowered to try court cases to whom

cases under this program have been assigned, that the case be considered for

alternative disposition.

00.L-323. Application Process and Notice of Motion by Attorney for the

Commonwealth

Upon application by the defendant or the defendant’s attorney for admission into the

ADP, the attorney for the Commonwealth shall advise the victim of the application.

Information or statements supplied by the defendant to the attorney for the

Commonwealth in an ADP application shall not be used against the defendant for any

purpose in any criminal proceedings except a prosecution based on the falsity of the

information or statement supplied.

00.L-324. Deferring Action Upon Admission to the Program

(A) When a defendant is accepted into the ADP before the filing of an information,

the judge shall order that no information shall be filed with the court on the charges

during the term of the program.

(B) When a defendant is accepted into the ADP after the filing of an information, the

judge shall order that further proceedings on the charges shall be postponed during

the term of the program.

00.L-325. Conditions of the Program

The conditions of the ADP may be such as may be imposed with respect to probation

after conviction, including restitution, except that a fine may not be imposed. The

other conditions of the program include the provisions set forth in the ADP Rules and

the Performance Contract, and any other conditions set by the Court that are

reasonably designed to best help the defendant and necessary to protect the

community. The period of such program for any defendant shall not exceed five

years.

00.L-326. Other ADP Procedures

(A) If a defendant refuses to accept the conditions required by the judge, the judge

shall deny the application to enter the ADP. In such event, the case shall proceed in

the same manner as if these proceedings had not taken place.

(B) If the attorney for the Commonwealth, or the supervising Probation Officer, files

a motion or petition alleging that the defendant during the period of the program has

violated a condition thereof, or objects to the defendant’s request for an order of

discharge from the program, the judge who entered the order for entry into the ADP

may issue such process as is necessary to bring the defendant before the court. When

the defendant is brought before the court, the judge shall afford the defendant an

opportunity to be heard. If the judge finds that the defendant has committed a

violation of a condition of the program, the judge may order, when appropriate, that

the defendant’s participation in the program be terminated, and that the attorney for

the Commonwealth shall proceed on the charges as provided by law. No appeal shall

be allowed from such order.

(C) When the defendant shall have completed satisfactorily the program prescribed

and complied with its conditions, the defendant may move the court for an order

dismissing the charges. If neither the attorney for the Commonwealth nor the

supervising probation officer object to the defendant’s motion, the court shall dismiss

the charges against the defendant. If either the attorney for the Commonwealth or the

supervising probation officer objects to the defendant’s motion, the court shall

proceed as set forth in paragraph (B) above.

(D) When the judge orders dismissal of the charges against the defendant, the judge

shall also order the expungement of the defendant’s arrest record unless the attorney

for the Commonwealth objects to the expungement. If the attorney for the

Commonwealth objects to the expungement, the judge shall hold a hearing on the

objections.

00.L-327. Diversion for Summary Cases

In any case wherein only summary offenses are alleged, the Magisterial District

Judge, upon the agreement of the District Attorney, defendant, victim, and the

prosecuting police officer, may postpone the case for a specified period (usually 90

days) if the defendant agrees to:

A. Report to a Forensic Case Manager designated by the Washington County

Mental Health/Mental Retardation Office at a specified date and time;

B. Remain in contact with the designated Forensic Case Manager specified in

paragraph A above;

C. Submit to a mental health evaluation and/or drug and alcohol evaluation

as deemed necessary by the designated Forensic Case Manager or by a

representative of the Washington County Mental Health/Mental Retardation

Office;

D. Attend outpatient mental health and/or drug and alcohol treatment as

recommended by the Forensic Case Manager specified in paragraph A above

or by a representative of the Washington County Mental Health/Mental

Retardation Office;

E. Reside at a particular location or address, including but not limited to the

Crisis Stabilization Unit;

F. Take all medication currently prescribed by a psychiatrist, and any

medication prescribed by a psychiatrist in the future;

G. Cooperate with Forensic Case Management services if deemed necessary;

and

H. Follow an individualized treatment plan, 50 Pa.C.S.A.§7107, and any

other conditions set by the Magisterial District Judge that are reasonably

designed to best help the defendant and necessary to protect the community.

If the defendant does not comply with these requirements, the Forensic Case Manager

will immediately contact the Magisterial District Judge, and the Magisterial District

Judge will schedule the case for disposition. If the Magisterial District Judge

determines at the end of the postponement period that the defendant has substantially

complied with the above-stated requirements and any other reasonable requirements

designed to ensure the defendant’s safety and the safety of the public, the charges will

be dismissed.

(effective 03/22/2010)

RULE L-527. NONMONETARY CONDITIONS OF RELEASE ON BAIL

(A) (3)

(a) In any court case, wherein the defendant is preliminarily arraigned and the issuing

authority determines that nonmonetary conditions of bail are appropriate to ensure

that the defendant does not engage in further criminal activity, the issuing authority

may set as a condition of bail one or more of the following requirements:

1a. The defendant report to a Forensic Case Manager designated by the

Washington County Mental Health/Mental Retardation Office at a specified

date and time;

2a. The defendant remain in contact with the designated Forensic Case

Manager specified in paragraph 1a above;

3a. The defendant agree to submit to a mental health evaluation and/or drug

and alcohol evaluation as deemed necessary by the designated Forensic Case

Manager or by a representative of the Washington County Mental

Health/Mental Retardation Office;

4a. The defendant attend outpatient mental health and/or drug and alcohol

treatment as recommended by the Forensic Case Manager specified in

paragraph 1a above or by a representative of the Washington County Mental

Health/Mental Retardation Office;

5a. The defendant reside at a particular location or address, including but not

limited to the Crisis Stabilization Unit;

6a. The defendant take all medication currently prescribed by a psychiatrist,

and any medication prescribed by a psychiatrist in the future; and

7a. The defendant cooperate with Forensic Case Management services if

deemed necessary

(effective 03/22/2010)

RULE L-529. MODIFICATION OF BAIL ORDER PRIOR TO VERDICT

(a) All motions concerning bail before verdict pursuant to Pa. R. Crim. P. 529(C)

shall be heard by the designated judge in open court and on the record.

(b) Notice of hearing concerning bail before verdict must be given to the Attorney for

the Commonwealth, defense counsel of record and the Adult Probation and Parole

Office and no hearing shall be conducted unless the Attorney for the Commonwealth

and a representative of the Adult Probation and Parole Office are present.

(c) In cases of emergency, if defense counsel of record could not be notified of the

bail hearing, defense counsel shall be promptly notified by the Adult Probation and

Parole office of the judge’s disposition on the motion, and, if upon such notification,

defense counsel requests an opportunity to be heard, another hearing will be

scheduled by the Court.

(effective 04/19/16)

RULE L-530. DESIGNATION OF BAIL AGENCY

The Adult Probation and Parole Office, Pre-Trial Services Unit, is designated as the

bail agency of the Court of Common Pleas of Washington County.

(effective 04/19/16)

RULE L-552. ADMINISTRATIVE PROCESSING AND IDENTIFICATION

The Washington County Court of Common Pleas created a countywide booking

center program to comply with criminal processing and Megan’s Law/Adam Walsh Act

registry requirements, and recognizes the value to the law enforcement community of the

operation of the Booking Center Program.

(a) The Central Booking Center of Washington County is located on the second floor

of the Family Court Center, 29 West Cherry Avenue, Washington, PA, 15301.

(b) An Interim Booking Center is located in the Washington County Correctional

Facility, 100 West Cherry Avenue, Washington, PA 15301. It is operational to

process adult offenders from 4:30 p.m. to 7:00 a.m. Monday through Friday, and on

weekends and holidays. During the hours of operation of the Interim Booking

Center, adult offenders may be delivered to the Washington County Correctional

Facility prior to preliminary arraignment conditioned upon the simultaneous delivery

of a copy of the criminal complaint and affidavit. Arresting officers are responsible

for the delivery of the criminal complaint and affidavit via facsimile to the on-call

Magisterial District Judge prior to the preliminary arraignment.

(c) The purpose of the Booking Center Program is to efficiently process defendants

charged with criminal actions with the express intent of returning officer(s) to their

communities. The processing shall include, but not be limited to, fingerprinting,

photographing and determining prior records of defendants being processed.

(d) Pursuant to 18 Pa.C.S.A. §9112, an arresting authority shall be responsible for

taking the fingerprints of persons arrested for misdemeanors, felonies or summary

offenses which become misdemeanors on a second arrest after conviction of a

summary offense. The Booking Centers shall serve as the designated fingerprinting

sites for all arresting authorities in Washington County.

(e) All persons arrested for any misdemeanor or felony, or summary offenses which

become misdemeanors on a second arrest after conviction of a summary offense (e.g.,

retail theft, library theft, or scattering rubbish) under the following:

(1)(e) 18 Pa.C.S.A. §106 (a) (all felonies and misdemeanors),

(2)(e) 35 Pa.C.S.A. Chapter 6 (relating to a violation of The Controlled

Substance, Drug, Device and Cosmetic Act),

(3)(e) 75 Pa.C.S.A. §3735 (relating to homicide by vehicle while driving

under influence),

(4)(e) 75 Pa.C.S.A. §3802 (relating to driving under influence of alcohol or

controlled substance), or

(5)(e) 23 Pa.C.S.A. §6113 or §6114 (relating to Indirect Criminal Contempt

for violation of a Protection From Abuse Order)

whether by warrant, arrest without warrant, or by summons, shall be processed at the

Booking Center.

(f) Pursuant to the Juvenile Act, 42 Pa.C.S.A. §6308 and §6309, juvenile offenders

will be fingerprinted and photographed at the Central Booking Center. Juveniles will

only be fingerprinted and photographed upon an adjudication of delinquency; except

in cases where the juvenile’s case is to be transferred for criminal proceedings

pursuant to 42 Pa.C.S.A. §6355, or is otherwise to be prosecuted under the criminal

law and procedures pursuant to 42 Pa.C.S.A. §6355, or a magisterial district judge

directs the fingerprinting and photographing of a juvenile in a case which includes

summary offenses which become misdemeanors on a second arrest after conviction of

a summary offense (e.g., retail theft, library theft, or scattering rubbish).

(g) A booking center fund fee of two hundred dollars ($200.00) shall be assessed and

collected by the Washington County Clerk of Courts to an offender who receives

Accelerated Rehabilitative Disposition (ARD) or probation without verdict, pleads

guilty to or nolo contendere to or is convicted of a crime under the following:

(1)(g) 18 Pa.C.S.A. §106(a) (all felonies and misdemeanors),

(2)(g) 35 Pa.C.S.A. Chapter 6 (relating to a violation of The Controlled

Substance, Drug, Device and Cosmetic Act),

(3)(g) 75 Pa.C.S.A. §3735 (relating to homicide by vehicle while driving

under influence), and

(4)(g) 75 Pa.C.S.A. §3802 (relating to driving under influence of alcohol or

controlled substance).

The fee shall be collected and deposited into the Booking Center Fund Account

which shall be under the sole supervision of the Court of Common Pleas. The Court

hereby establishes the Booking Center Fund Account, the moneys in which shall be

used to maintain and operate the Booking Centers.

(h) The fee established in paragraph (f) shall not apply to those Defendants whose

cases are dismissed by the Magisterial District Judge, withdrawn or nolle prossed by

the Commonwealth or who enter a guilty plea to a summary offense at the time of the

preliminary hearing.

(i) At the end of the preliminary arraignment, if the adult offender is not then

incarcerated at the Washington County Correctional Facility, the Magisterial

District Judge shall order, as a condition of bond, the defendant to appear at

the Central Booking Center to be fingerprinted and photographed within 48

hours, or the next business day if the 48 hour period expires on a non-business

day. When an issuing authority issues a summons rather than an arrest

warrant, the issuing authority shall send a notice with the summons directing

recipient to appear at the Central Booking Center prior to his/her preliminary

hearing. The Magisterial District Judge shall order, as a condition of bond,

any person required to be fingerprinted and photographed pursuant to

paragraph (d) above, who has not been fingerprinted prior to his/her

preliminary hearing, to appear at the Central Booking Center within five (5)

days of the preliminary hearing for the purpose of being fingerprinted and

photographed.

(k) In cases of private prosecutions, except retail theft prosecutions, the defendant

may only be fingerprinted and photographed after conviction of the alleged offense.

An order shall be issued from the Court of Common Pleas after such conviction

directing the Defendant to report to the Central Booking Center to be fingerprinted

and photographed.

(effective 10/27/2014)

RULE L-708. VIOLATION OF PROBATION, INTERMEDIATE PUNISHMENT,

OR PAROLE: HEARING AND DISPOSITION

(A) When it is alleged that an offender is in violation of the conditions of his/her

probation/parole or Intermediate Punishment sentence, a Gagnon I Hearing shall be held

before a member of the Washington County Probation/Parole Office designated as a

hearing officer; typically, the Washington County Chief of Probation/Parole. The

hearing shall be held within three (3) Court business days if the offender is incarcerated

as a result of the violation(s). The designated hearing officer shall be responsible for

advising the offender of all information required at a Gagnon I Hearing. Should the

hearing officer, at the Gagnon I Hearing, find that a prima facie case exists, the procedure

in paragraph B shall be followed.

(B) The supervising probation/parole officer shall petition the court within (3) business

days to schedule a Gagnon II Hearing after the Gagnon I Hearing if the

bases of the hearing are allegations that the offender engaged in technical violation(s) of

the conditions or special conditions of his/her probation/parole or Intermediate

Punishment sentence; and within three (3) business days after a preliminary hearing if the

basis of the hearing are allegations that the offender engaged in substantive violation(s)

of the conditions or special conditions of his/her probation/parole or Intermediate

Punishment sentence. The Petition shall indicate whether the allegations are contested or

whether a Gagnon II Hearing shall be for disposition purposes only. The offender shall

have the right to representation by an attorney at his/her own expense, or if indigent and

upon his/her application, the appointment of the Public Defender for the Gagnon II

Hearing.

(C) At the Gagnon I Hearing should a determination be made by the hearing officer that

the offender should be returned to continued supervision at liberty, the offender, if

incarcerated, shall be released from custody, and continue under his/her probation/parole

or Intermediate Punishment sentence.

(Effective 08.06.2012)

RULE L-708.1. PROBATION REVIEW CONFERENCE

(a) No later than thirty (30) days before the date a defendant is eligible for a probation

review conference, the Probation Services Department shall file a probation status report

in the Clerk of Courts.

(b) The Clerk of Courts shall serve a copy of the filed probation status report on the

defendant, the last counsel of record for the defendant, the victim, and the

Commonwealth.

(1) Service shall be made in accordance with Pa. R. Crim. P. 114(B).

(2) The Commonwealth shall provide the Victim’s last known address to the

Clerk of Courts so that service can be effectuated. The Probation Department

shall be responsible for providing the Clerk of Courts a copy of the probation

status for service.

(c) Any objection or response to the probation status report shall be filed with the Clerk

of Courts no later than thirty (30) days from the date of filing of the report. A copy of the

objection or response shall be provided to the Probation Services Department.

(1) The Commonwealth shall respond within thirty (30) days of the date of filing

of the probation status report as to whether it objects to the report or if it is an

agreement with the report.

(2) The victim may respond separately or through the Commonwealth.

(d) The Court shall hold a probation review conference no later than sixty (60) days from

the date the defendant is eligible upon either: (1) receipt of a probation status report in

which an objection has been filed; or (2) the filing of a motion by counsel for the

defendant, or the defendant if unrepresented, as set forth in 42 Pa. Con. Stat. Ann. §

9774.1(a). The Court, through the Clerk of Courts, shall issue notice of the conference to

the Commonwealth, the victim, the defendant, and the defendant’s counsel. The

Commonwealth shall be responsible for providing the victim’s last known address to the

Clerk of Courts.

(e) If no objections are filed within thirty (30) days of the filing of the probation status

report, or the parties otherwise respond in agreement with the report, the probation

review conference shall be deemed waived, and the Court shall enter an order approving

the recommendation contained in the report.

(f) The Clerk of Courts shall serve a copy of any order filed that adopts the

recommendation of the probation status report or otherwise terminates probation, places

the defendant on administrative probation, or denies an early termination of probation,

upon the Commonwealth, the defendant, the defendant’s counsel, the victim, and the

Probation Services Department. The Commonwealth shall be responsible for providing

the victim’s last known address to the Clerk of Courts to effectuate service.

(g) If the Court does not terminate probation at the review conference, it shall schedule a

subsequent review conference within twelve (12) months unless the defendant becomes

ineligible for early termination of probation. The Probation Services Department shall

file an updated probation status report prior to the subsequent review conference

RULE L-709. ADULT PROBATION OFFICE FEES

(A) All offenders subject to supervision by the Washington County Adult Probation

Office shall be assessed a supervision fee of $50.00 per month for the length of their

probation or parole term.

(B) In addition to the supervision fee found in paragraph (A) above, offenders are subject

to the following monitoring fees:

(1) A daily monitoring fee of $10.00 flat rate per day for any monitoring service

which shall include, but not be limited to: Electronic Home Monitoring,

Electronic Home Monitoring with cellular service, and Global Positioning

Monitoring.

(2) A one-time administrative installation fee of $50.00 shall be assessed for any

monitoring service at the inception of monitoring supervision.

(3) Offenders placed on a monitoring service that claim indigence shall be

required to complete community service work at the prevailing Commonwealth

minimum wage rate for all fines, fees, and costs associated with their respective

cases, including monitoring fees owed. Offenders shall begin community service

work within five (5) business days of being placed on a monitoring service.

(a) Offenders who have a verified and reasonable physical or mental handicap

shall be exempt from the payment of the monitoring fee. However, if the

offender is receiving disability benefits, the offender shall be responsible for

the minimum cost of the monitoring service.

(C) In addition, offenders subject to monitoring via the Secure Continuous Remote

Alcohol Monitoring (SCRAM) or similar device are responsible for the costs of such

monitoring. These costs are payable directly to the vendor.

(D) The Washington County Clerk of Courts Office and the Court of Common Pleas

Community Service Program shall apply the prevailing Commonwealth minimum wage

rate to calculate the amount of fines, costs and fees an offender worked off.

(Amended 08.06.2012)

RULE L-710. ARREST AND PROCESSING OF PROBATION/PAROLE

VIOLATORS

(A) When a duly appointed probation/parole officer has conducted an investigation which

reveals that a violation(s) of conditions of probation/parole has been committed by the

offender, that offender may be arrested by a probation /parole officer or by any Peace

Officer in the Commonwealth authorized to make arrests, or in the case of an offender

who has absconded the Commonwealth, an arrest warrant shall be submitted to the proper

police agency for processing as per normal procedures. Following arrest, the filing

probation/parole officer shall request a Gagnon I Hearing before the hearing officer,

which shall be held within three (3) Court business days if the offender is committed to

the Washington County Correctional Facility. The procedure set forth in Local Rule 708

shall then be followed.

(B) Should the filing probation/parole officer determine that there was a violation of the

offender’s probation/parole but an arrest is not warranted, a Gagnon I Hearing shall be

scheduled as soon as possible following discovery of the violation(s), and the procedure

set forth in Local Rule 708 shall then be followed. Notice of the Gagnon I Hearing, and

the hearing date, shall be served upon the offender by the filing probation/parole officer

within 10 business days.

(Effective 08.06.2012)

RULE L-711. PROBATION /PAROLE GENERAL RULES AND REGULATIONS

The Court, whenever sentencing a defendant to probation or granting parole, shall

state in its order that, in addition to the statutory requirements, the general rules, regulations,

and conditions governing probation and parole in Washington County apply to the sentenced

offender. The Court shall also inform the offender that all special and/or additional

conditions of probation and parole as set forth in these rules, and which are within the

authority of the probation/parole officers to enforce, shall be applicable and all of the

following shall apply unless specifically deleted by the Court in its order or in a subsequent

order:

(A) The offender shall be in the legal custody of the Court until the expiration of his/her

probation/parole or the further order of Court, and the probation/ parole officer has

the authority any time during this period, in case of violation by the offender of any

of the conditions of his/her probation/parole, to detain the offender in a county prison

and make a recommendation to the Court, which may result in the revocation of

probation/parole and commitment to a penal or correctional institution for service of

the sentence.

(B) The offender shall report at times as ordered/directed to the Washington County

Probation/Parole Office, or at a satellite location, or in the offender’s home or place

of employment, or report in writing. The offender must reply to any communication

from the Court or the Washington County Probation/Parole Office.

(C) The offender shall reside at an address provided by him/her and approved by the

Washington County Probation/Parole Office and may not change the residence

without prior permission from the Washington County Probation/Parole Office.

(D) The offender shall not travel outside of Washington County or the Commonwealth of

Pennsylvania without prior permission from the Court or his/her probation/parole

officer. An offender who has been convicted of a crime which would preclude the

offender from being considered an “eligible offender” pursuant to 42 Pa.C.S.A.§

9801 et seq. (County Intermediate Punishment Act), may only travel outside the

Commonwealth of Pennsylvania pursuant to Court Order.

(E) The offender shall not violate any township, municipal, county, state or federal

criminal laws, and shall abide by any written instructions of his/her probation/parole

officer. Pursuant to this rule any such instruction shall be considered a special

condition of supervision imposed by the Court. Such instructions shall be designed to

assist the offender in his/her rehabilitation and re-assimilation into the community

and to protect the public. The offender shall immediately notify his/her

Probation/Parole Officer of any arrest or investigation by law enforcement agencies.

The offender shall be of good behavior generally.

(F) If the offender is unemployed, he/she shall make every effort to obtain and maintain

employment and support his/her dependents, if any. If the offender loses his/her job,

he/she shall immediately notify his/her probation/parole officer and cooperate in any

effort he/she may make to obtain employment for the offender.

(G) The offender shall abstain from the use or possession of illegal substances, and from

abusing prescribed medications. Offenders prescribed medications obtained from a

legitimate medical source for a legitimate medical need shall provide a written release

to his/her probation/parole officer in order to verify compliance with the medical

provider’s directions. The offender shall also abstain from abusing over-the-counter

(OTC) non-prescription medications.

(H) Offenders placed under the supervision of the Washington County Probation/ Parole

Office shall not be allowed to possess any firearms or dangerous/offensive weapons.

Any matters involving the carrying of a sidearm for personal protection necessary for

employment shall require an order of Court and a valid license to carry a firearm

issued by the County Sheriff.

(I) The offender may not use or possess alcoholic beverages, and may not enter a

“drinking establishment” as that term is defined in 35 Pa.C.S.A. §637.2, unless this

condition is totally or partially granted by the sentencing Judge.

(J) All fines, costs, fees, and restitution imposed upon the offender by the Court must be

paid immediately or in accordance with any schedule set forth by the Court or by the

Clerk of Courts. An offender may perform community service in lieu of cash

payments of costs, fines, and fees; or in conjunction with cash payments of fines,

costs, and fees. Community Service may not be performed in lieu of restitution

payments. Community service may also be court-ordered as part of a sentence. The

Washington County Clerk of Courts Office and the Court of Common Pleas

Community Service Program shall apply the prevailing Commonwealth minimum

wage rate to calculate the amount of fines, costs and fees an offender worked off.

(K) The offender shall attend any therapeutic program or obtain assessments offered by a

recognized agency when directed to do so by his/her probation/parole officer. The

offender shall pay all costs and fees associated with the therapeutic program or

assessment. The offender shall also obey any and all rules of said facility/program

while attending treatment, classes, or assessments. The offender shall sign a

confidential release for all treatment providers to permit the Court and/or the

probation/parole officer to monitor his/her attendance and progress.

(L) The offender shall participate in the electronic monitoring/house arrest program if

ordered to do so by the sentencing Judge. If the offender agrees in writing to

participate in the electronic monitoring/house arrest program during the course of a

Gagnon I hearing rather than proceed to a Gagnon II hearing, electronic

monitoring/house arrest shall automatically become a special condition of the

offender’s probation/parole. An offender on supervision for, or alleged to have

committed an offense which would preclude him/her from being considered an

“eligible offender” pursuant to 42 Pa.C.S.A.§ 9801 et seq. (County Intermediate

Punishment Act), shall not be permitted to enter such an agreement. The offender

shall be responsible to pay the costs of the program pursuant to Local Rule 709. The

offender shall abide by all conditions, instructions, rules and directives of the

electronic monitoring/house arrest program and maintain an appropriate telephone

line and electricity. A probation/parole officer may give approval to an offender to

leave the residence for verified employment, counseling, treatment, medical

appointments, and funerals. The offender shall be financially responsible for all lost,

discarded, or damaged equipment other than damage resulting from normal wear.

(M) The offender shall participate in a Continuous Alcohol Monitoring (CAM)

program or an on-demand alcohol monitoring program if specifically ordered by the

Court or required by his/her probation/parole officer in an effort to ensure the

offender does not ingest alcohol as a reasonable response related to the offender’s

rehabilitation and the protection of the community. This decision shall be based on

the offender’s alcohol abuse history, including any alcohol use in violation of the

conditions of the offender’s probation/parole, the nature of the offense(s) for which

the offender is on probation/parole, and the need to protect the public. The offender

shall be responsible to pay the costs of the program pursuant to Local Rule 709.

(N) The offender shall submit to random and periodic testing to determine the use and

presence of any illegal substances and/or alcoholic beverages. Any offender refusing

to submit to testing or who provides an invalid or adulterated sample shall be in

violation of the conditions of his/her probation/parole and which may lead to the

revocation of his/her probation/parole. In addition, if an offender provides an

adulterated sample, he/she could face criminal charges.

(O) The offender shall report to the Washington County Probation/Parole Office within

24 hours or the next business day after being released from any institution. For

purposes of this rule, the term “institution” includes penal and correctional

institutions, and inpatient treatment/rehabilitation centers.

(P) The offender shall comply with any curfew imposed by his/her probation/parole

officer.

(Q) The offender shall always be truthful and accurate in any written or oral statements

he/she makes to all staff members of the Washington County Probation/Parole Office

and all law enforcement agencies. Specifically, any statements concerning the

offender’s eligibility for and/or conditions of probation/parole, probation/parole

status, and statements made in response to questions concerning the offender’s

identity must be truthful and accurate.

(R) The offender shall not at any time display assaultive or threatening behavior. The

offender shall be prohibited from annoying, harassing, intimidating, any witness or

victim of his/her crime. The offender must abide any and all conditions imposed

regarding protection from abuse orders.

(S) The offender shall receive a copy of these general terms and conditions of

probation/parole at or about the time supervision commences.

(T) Pursuant to 42 Pa.C.S.A.§9912(d)(1), the offender shall be subject to warrantless

searches of his/her person, property, vehicle, or residence and the seizure and

appropriate disposal of any contraband found, if it is reasonably suspected that

offender is in possession of contraband or other evidence of violations of the

conditions of his/her probation/parole.

The existence of reasonable suspicion to search shall be determined in accordance with

constitutional search and seizure provisions as applied by judicial decision. In accordance with

such case law, the following factors, where applicable, may be taken into account:

(i) The observations of officers.

(ii) Information provided by others.

(iii) The activities of the offender.

(iv) Information provided by the offender.

(v) The experience of officers with the offender.

(vi) The experience of officers in similar circumstances.

(vii) The prior criminal and supervisory history of the offender.

(viii) The need to verify compliance with the conditions of supervision.

(U) Unless otherwise established by Court order, the frequency with which the offender

reports to his/her probation/parole officer shall be determined by the assigned

probation/parole officer, who shall utilize an evidence based risk assessment tool, and

the officer’s professional judgment and experience. The probation/parole officer

shall base such determinations on the need to assist the offender in his/her

rehabilitation and re-assimilation into the community, and to protect the public.

(V) If the offender believes that his/her rights have been violated as a result of

probation/parole supervision, and the offender has evidence to support the alleged

violation, the offender may submit a timely complaint in writing, first to the Chief

Probation/Parole Officer. If the complainant is not satisfied with the result they may

then submit a complaint to the President Judge of Washington County at the

Washington County Courthouse.

(Effective 08.06.2012)

RULE L-712. INTERMEDIATE PUNISHMENT GENERAL RULES AND

REGULATIONS

(A) All of the general Rules and Regulations for Probation/Parole authorized pursuant to

Local Rule 711 apply to Intermediate Punishment (Intensive Supervision). The following

additional Rules and Regulations shall also apply to Intermediate Punishment supervision

including those associated with Intermediate Punishment options associated with Driving

under the Influence (DUI) and the Restrictive Intermediate Punishment Program

Offender Day Partial Program (ODPP).

(B) Intermediate Punishment sentences may include electronic monitoring/house arrest,

continuous alcohol monitoring (CAM), on-demand alcohol monitoring, intensive

supervision, curfews, assessments, treatment, or any combination of the above.

(1) The offender shall abide by all of the rules, regulations and conditions of

Washington County Correctional facility while serving the Jail/Work Release portion

of the Intermediate Punishment sentence.

(2) Offenders while on Intermediate Punishment shall abide by all the standard rules,

regulations and conditions of the Washington County Probation/Parole Office as set

forth in Local Rule 711. Intermediate Punishment (Intensive Supervision) shall

require a higher volume of contacts than general supervision cases. Step-down from

intensive supervision status shall be decided through a supervisor via administrative

reviews which occur monthly.

(3) Offenders placed into the Washington County Offender Day Partial Program

(ODDP) shall be required to adhere to the standard rules, regulations and conditions

of the Washington County Probation/Parole Office along with any additional

conditions imposed by the sentencing Judge or required by the participants in the

program which may include in-patient treatment, out-patient treatment, electronic

monitoring/house arrest, community service, and administrative reviews. (Effective

08.06.2012)

RULE L-713. SPECIALTY/PROBLEM SOLVING COURTS GENERAL RULES

AND REGULATIONS

All of the established general Rules and Regulations of Washington County

Probation/Parole in Local Rule 711 apply to all Washington County Specialty/Problem

Solving Court participants. The term “Specialty/Problem Solving Courts” includes, but is

not limited to: Treatment Court, Mental Health Court, and Veterans Court. Specialty

Courts/Problem Solving Courts may utilize a combination of assessments, treatments,

evaluations, curfews, electronic monitoring/house arrest, community service, and continuous

alcohol monitoring (CAM) to meet the needs of the offender; and shall impose such

requirements as special conditions of the offender’s probation/parole.

(Effective 08.06.2012)

RULE L-714. SEX OFFENDER CONDITIONS AND SUPERVISION

(A) Any sex offender sentenced to probation/parole under the supervision of the

Washington County Probation/Parole Office shall be required to follow the

standard rules and regulations of probation/parole supervision as set forth in Local

Rule 711 and may be required to adhere to curfews and conditions prohibiting the

participation of the offender in certain activities that allow for access to children.

(B) All living arrangements of sex offenders shall be approved by the Washington County

Probation/Parole Office. Arrangements not meeting the standard of community

safety as decided by the Washington County Probation/Parole Office shall be deemed

not acceptable. A sex offender supervised through the Washington County

Probation/Parole Office shall be in violation of the condition(s) of supervision if

he/she fails to adhere to any rules and/or regulations regarding Megan’s Law/Adam

Walsh Law, address registration, evaluations, and treatment. Other special conditions

that may be imposed are as follows, possible restrictions on non-approved Internet

sites, possible restrictions on participation in activities and or organizations which

lend access to children, possible restrictions on participation in holiday events that

lend access to children, possible restrictions on employment if it may lend access to

children, possible restrictions regarding patronage at certain establishments, such as a

strip club, if in the best interest of community safety, and restrictions on any form of

communication, publication, or pornographic material if needed. The Washington

County Probation/Parole Office shall petition the Court to request the imposition of

any such special conditions, unless the defendant/offender agrees to the special

conditions.

(Effective 08.06.2012)

RULE L-715. EARLY RELEASE/PAROLE/RE-ENTRY

All of the general Rules and Regulations for Probation/Parole set forth in Local Rule 711

apply to participants in the Early Release/Parole/Re-entry Program. The following additional

rules of law and regulations shall also apply to Early Release/Re-entry/Parole participants.

The Court shall state at time of sentencing whether or not an offender is eligible to participate

in a (county) Re-entry Program. No offender shall be eligible for the Early Release Program

without a re-entry plan. The parole/re-entry plan shall be completed by a probation/parole

officer prior to the offender being considered for parole/early release/reentry from the

Washington County Correctional Facility. Any condition(s) recommended in the parole/re-entry plan by the probation/parole officer who has performed the parole/re-entry/early release

plan shall become a special condition(s) of his/her parole unless otherwise excluded by the

sentencing Judge.

(Effective 08.06.2012)

RULE L-716. INTERSTATE COMPACT

(A) The Commonwealth of Pennsylvania/Washington County is a member of the federal

compact involving the interstate transfer of offenders known as the Interstate Compact.

Interstate Compact rules mandate that any offender seeking to relocate to another state

who has been convicted of a felony offense and what is known as transferable

misdemeanor offenses must be processed through the Interstate Compact. Offenders

released from incarceration or sentenced to probation/parole that are mandated

transferable may be eligible for reporting instructions. However, if the offender does not

complete the reporting instructions via the Washington County Probation/Parole Office

within seventy-two hours (72) of release or sentence, they shall become ineligible for

reporting instructions. It should be noted that not all offenders will be eligible for

reporting instructions. For example, the offender must have had a residence or family

residing within the accepting state at the time the offense occurred to be eligible for

reporting instructions.

(B) Full transfers of cases may take up to ninety days. The offender may be required to

remain in the sentencing state pending application and possible acceptance for transfer.

(Effective 08.06.2012)

RULE L-717. Substance Abuse Education and Demand Reduction Fund

(A) A substance abuse fee as set forth in Act 198 of 2002, as amended by Act 24 of

2003 and Act 36 of 2006, shall be assessed on any individual in Washington County

convicted, adjudicated delinquent, or granted Accelerated Rehabilitative Disposition

(ARD), or any individual who pleads guilty or nolo contendere for a violation of the

Act of April 14, 1972 (P.L. 233, NO. 64), known as The Controlled Substance, Drug,

Device and Cosmetic Act, or a violation of 75 Pa. C. S. §3802 (relating to driving

under the influence of alcohol or controlled substance).

(B) The Washington County Clerk of Courts shall assess and collect the fee, and the

Washington County Treasurer shall establish and administer a County Substance

Abuse Education and Demand Reduction Fund (County SAEDRF) consisting of the

county portion of fees collected.

(C) Disbursements from the County SAEDRF shall be made only at the direction of

the President Judge. Requests for funds from the County SAEDRF shall be made to

the Criminal Justice Advisory Board Subcommittee established to review such

requests. The subcommittee shall review requests for funds and make

recommendations to the President Judge for disbursement.

(effective 12/29/2014)

RULE L-1501. POST TRIAL MOTIONS – CRIMINAL

a. A copy of all post-trial motions in criminal matters shall be served on the trial

Judge after the original has been filed with the Clerk of Courts. All post-trial motions

in criminal matters shall be heard by the trial Judge unless he orders the matter

transferred to the Argument Court, in which case the trial Judge shall be a member of

the Court en banc.

b. Briefs shall be filed with the trial Judge if the post trial motions are to be

heard by him alone.

RULE L-4007. BAIL

This Rule is intended to implement percentage cash bail as provided by Pa. R. Crim.

P. 4007.

a. Bail by approved surety companies, cash, real estate, or bearer bonds, in

accordance with Pa. R. Crim. P. 4007 shall remain as heretofore.

If the issuing authority who fines the amount of bond, Judge or District Justice, as the

case may be, desires to render paragraph 2 hereof inoperative, he may do so by any language

that makes it clear that the full face amount of the bond is to be posted. This of course may

be done in any permissible mode: cash, the bond of a good reputable surety company,

justification of surety with two owners of, sufficient real estate, bearer bonds, or an

acceptable commercial bail bondsman.

b. In substitution for bail of the type specified in Paragraph 1, the issuing

authority where he has jurisdiction, or the Court, as the case may be, after setting bail

in accordance with the criteria of Rule No. 4002, may admit such person to bail upon

compliance with the following conditions:

1. The defendant shall execute an appearance bond in the full amount so

determined, and

2. The defendant or any other person, a resident of the Commonwealth of

Pennsylvania, shall deposit with the issuing authority or Clerk of Courts an

amount in lawful currency of the United States equivalent to ten (10%)

percent of the total amount of the appearance bond demanded, provided,

however, that the defendant executes a written consent to the disposition of

the amount so deposited.

i. In the event the defendant is found not guilty or the charges are

dismissed, the amount so deposited shall be refunded to the defendant

or other person making the deposit, less a service fee in the amount of

$50.00 for the use of the County of Washington.

ii. In the event the defendant is found guilty, the amount so

deposited by the defendant shall be refunded to the defendant, after

deduction of the costs of prosecution, the fine, restitution, if any, and a

service fee of $50.00 for the use of the County of Washington. If any

other person deposits the bail and the defendant is found guilty, the

amount so posted shall be refunded to the other person less the $50.00

fee.

c. Where the defendant is released under the provision of Paragraph 2 of this

rule, he shall keep the issuing authority, and after the case is held for Court, the

District Attorney advised of any change of address. All notices or hearing,

indictment, arraignment, or trial shall be sent to the defendant and to the person

depositing bail. The mailing of notices to defendants’ last known address shall

constitute sufficient notice.

d. Forfeiture of bail shall be governed by Pa. R. Crim. P. 4016.

e. All service fees collected by any issuing authority in cases that are held for

Court shall be transmitted to the Clerk of Courts by check with the papers being filed.

f. Whenever real estate is used as a surety for bail, the defendant or the party

placing bail for the defendant shall file a certificate, under oath, which lists the real

estate owned anywhere outside of the Commonwealth but within the United States by

the person placing the bail. Such certification shall include:

1. A certified copy of the original deed for each tract of real estate being

used as bail surety.

2. Attached to the certification shall be an appraisal of the fair market

value of the real estate as certified by a licensed real estate broker in the

county in which the real estate is located; or a document from the Tax

Assessment Office listing owner(s) name and market value and appraised

value.

3. A certification by an attorney who practices in the jurisdiction where

the real estate is owned, or a certificate of a duly qualified/certified title

searcher listing the encumbrances, mortgages, and liens against the real estate,

and the unpaid balance of each encumbrance as of the date of the statement, at

a minimum, from the date of the deed to the person(s) desiring to become

surety.

4. Upon receipt of the above listed items, the Clerk will deduct any

mortgages, judgments, or encumbrances from the fair market value of the

property, to determine if there is sufficient equity to post bail.

5. Upon approval and execution of the bail undertaking and prior to

release from confinement of the defendant, the Clerk will notify the surety

that a judgment will be placed in the Office of Prothonotary, for the full face

amount of the bail. The Clerk will further notify the surety that the bail and

judgment will remain in full force and effect until the full and final disposition

of the case, up to an including the appellate process.

6. At the full and final disposition of the case, the Clerk will notify the

surety by regular mail that the matter has been resolved and the judgment may

be lifted upon payment of the appropriate fee to the Prothonotary of the

county in which the judgment was placed.

RULE L-4007. PROFESSIONAL BONDSMEN

A professional bondsman shall be licensed by the Commonwealth of Pennsylvania as

required under Chapter 57, Subchapter B of the Judicial Code, 42 Pa. C.S. Sections 5741-

5749, and before acting as a surety in any proceeding pending before any of the Courts of

this Judicial District shall provide security of (a) Cash, (b) Real Estate, or (c) a corporate

surety, as follows:

a. Cash

1. A professional bondsman may post cash with the Clerk of

Courts as security for bail to be written, and the Clerk shall give the bondsman

a receipt therefore. The Clerk shall immediately deposit all sums into a

federally insured interest bearing account. The Clerk shall pay accrued

interest to the bondsman annually, less any amount the Clerk is authorized by

law to retain.

2. The professional bondsman may at any time, upon 30 days

written notice, and upon presentation and surrender of his receipt, withdraw

the whole or any part of the cash deposited that is not required for bail then

written and outstanding, less any penalty for early withdrawal charged by the

financial institution in which the Clerk has deposited said sum less any

amount the Clerk if authorized by law to retain.

3. The professional bondsman may at any time increase the cash

on deposit with the Clerk. The Clerk shall keep a proper accounting of all

deposits and withdrawals.

b. Real Estate

1. A professional bondsman may use his real estate located in

Pennsylvania as collateral for his bonds. He shall annually certify to the Clerk

of Courts, under oath, a list of all of the real estate owned by him in

Washington County. Such certification shall include:

A. A description of each tract of real estate, its location in

the county, and the deed book volume and page where the deed in recorded.

B. Attached to the certification shall be an appraisal of the

fair market value of the real estate as certified by a licensed real estate broker

in the county.

C. A certification by an attorney who practices in the

Commonwealth, or a title insurance policy certifying the encumbrances,

mortgages, and liens against the real states, and the unpaid balance of each

encumbrance as of the date of the statement.

D. A statement by the bondsman setting forth the net value

of each piece of real estate, which shall be the fair market value certified as

above, less the encumbrances certified above.

c. Surety

1. The professional bondsman who uses a surety must file

annually a surety bond by a bonding company licensed to do business in the

Commonwealth of Pennsylvania setting forth the amount for which said

surety will undertake on behalf of said bondsman.

2. Within 10 days after any change in ownership, encumbrance,

or surety, the professional bondsman shall notify the Clerk of Courts by filing

a revised certification as set forth above.

d. Procedure

1. When the professional bondsman files with the Clerk of Courts

the above described certification, the Clerk of Courts shall provide to said

bondsman a certificate authorizing him to do business in the County of

Washington. Said certificate shall be under seal of the Clerk of Courts and

shall include a certification of the amount of bond which the professional

bondsman is authorized to write. Said certificate may be used by the

professional bondsman for presentation to District Justices of this County

indicating his authority to do business in this county.

2. When a professional bondsman desires to write bail before a

District Justice, he shall provide to said District Justice a copy of the

certification described in paragraph d-1 above, and shall further provide an

affidavit setting forth the amount of bail offered and accepted for which his is

responsible. Further, the statements shall contain the amount or premium the

bondsman is charging for the bond about to be written. Neither the Clerk not

any District Justice shall except bail from any professional bondsman if the

fee to be charged exceeds the amount set forth in the Judicial Code, 42 Pa.

C.S. §5748.

3. Any District Justice accepting bail from a professional

bondsman must forward a copy of said bail to the Clerk of Courts together

with the bondsman’s sworn affidavit. If the matter is held for Court, the copy

of bail and the bondsman’s statement shall become part of the record. If the

matter is disposed of at the District Justice level, a certificate of disposal shall

be sent by the District Justice to the Clerk forthwith.

4. No bail shall be accepted from any professional bondsman at

any time when the total amount of bail then written on the security designated,

or when added to the bond about to be written, will exceed the cash or market

value of the property posted.

5. Whenever any bail written by a professional bondsman has

been forfeited, the professional bondsman shall not write any additional bail

until he or she has paid the amount of the forfeiture in full. Generally, no bail

shall be accepted from any professional bondsman at any time when such

bondsman is not in full compliance with the provisions of this Rule.