< PROBATION/PAROLE | Rules | Rule 1405.1. Intermediate Punishment General Rules and Regulations >
Rule 1405. Probation/Parole General Rules and Regulations.
The Court, whenever sentencing a defendant to probation or granting parole, shall state in its order that the general rules, regulations and conditions governing probation and parole in Forest and Warren Counties shall be applicable and all of the following shall apply unless specifically deleted by the Court in its order or in a subsequent order:
1. The defendant will 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 or Parole Officer has the power any time during this period, in case of violation by the defendant of any of the conditions of his/her probation/parole, to detain the defendant 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.
2. The defendant will report regularly to the Probation/Parole Department, in person or in writing, and reply to any communication from the Court or the Probation/Parole Department.
3. The defendant will live at an address provided to the Probation/Parole Department and may not change that residence without prior permission from that department.
4. The defendant will not travel outside of Pennsylvania or the community to which he/she has been paroled or placed on probation as defined by his/her Probation/Parole Officer without prior permission.
5. The defendant will comply with all municipal, county, state and federal criminal laws, and abide by any written instructions of his/her Probation/Parole Officer. The defendant will immediately notify his/her Probation/Parole officer of any arrest or investigation by law enforcement agencies.
6. If the defendant is not employed, he/she will make every effort to obtain and maintain employment and support any dependents he/she has. The defendant will obtain written permission prior to changing employment. If the defendant loses his/her job, he/she will immediately notify his/her Probation/Parole Officer and cooperate in any effort he/she may make to obtain employment for the defendant. Job hopping is strictly forbidden.
7. The defendant shall abstain completely from the use and possession of illegal controlled substances.
8. If the defendant has been convicted of a felony or a misdemeanor involving the use or possession of a weapon, he/she shall not be permitted to own, possess or have access to any firearm.
If the defendant has been convicted of a non-weapons misdemeanor, with the advance permission of his/her Probation/Parole Officer, he/she may possess weapons to be used exclusively for hunting or other sports activities. This decision shall be solely at the discretion of his/her Probation/Parole Officer.
9. The defendant may not use alcoholic beverages nor may he/she go into places of business where alcoholic beverages are sold unless, at the discretion of the Probation/Parole Department, this condition is totally or partially waived in writing.
10. All fines, costs and restitution imposed upon the defendant by the Court must be paid immediately or in accordance with any schedule set up by the Court or the Probation/Parole Department before the defendant will be released from probation/parole.
11. The defendant will attend any therapeutic program offered by a recognized agency when directed to do so by his/her Probation/Parole Officer.
12. The Probation/Parole Department may place the defendant in the electronic monitoring/house arrest program at its discretion if there is a violation of any conditions of probation/parole. The defendant will be responsible to pay the costs of the program if placed in it.
13. The defendant will not annoy or harass any victim of his/her crime or any witnesses and shall not procure anyone else to do so.
14. If the defendant believes that his/her rights have been violated as a result of Probation/Parole supervision, the defendant may submit a timely complaint in writing, first to the Chief Probation/Parole Officer and then to the Judge at the Forest/Warren County Courthouse in Tionesta/Warren, Pennsylvania, if the matter is not satisfactorily resolved.
15. The defendant shall obey the law and be of good behavior generally.
16. The defendant shall submit to random and periodic testing to determine the use and presence of any illegal substances and/or alcoholic beverages.
17. The defendant shall report to the Forest/Warren County Probation/Parole Department within 24 hours after being released from any institution.
18. The defendant shall comply with any curfew imposed by the Probation/Parole Department.
19. The defendant shall always be truthful and accurate in any written or oral statements the defendant makes to a Probation/Parole Officer or member of the staff of the Probation/Parole Department.
20. The defendant shall receive a copy of these general terms and conditions of probation/parole at or about the time supervision commences.
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.