Rule 711 - Probation/Parole General Rules And RegulationsThe 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.§ 9801et 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.§ 9801et 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 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 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.