Penn. 37 C.P.L. 705

As amended through January 1, 2018
Rule 705 - Imposition of Sentence; Probation/Parole And Intermediate Punishment
(a)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 by further order of Court, and the Probation/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. The defendant will advise any investigating police officer that he/she is on Probation, Parole or Intermediate Punishment Supervision with the Probation Office.
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 and drug Paraphernalia. The defendant shall not abuse over the counter or prescribed medications or any other substance that impairs the functioning of the human body. The defendant will not abuse any prescription or over the counter substances, and will submit to any available testing of blood, breath or urine to determine the use of illegal substances or alcoholic beverages.
8. The defendant shall not possess or have access to any firearms or any other dangerous weapons.
9. The defendant will not consume, transport, or possess any alcoholic beverages. You will not enter any establishment or place which serves or dispenses alcoholic beverages, nor will you have any such beverages in your residence.
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 twenty-four (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 42 Pa.C.S.A. § 9912, 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.
(b)Intermediate Punishment General Rules and Regulations. All of the general rules and regulations for probation/parole established in 37.R.Crim.P.L 708(a) shall apply to Intermediate Punishment Supervision. The following additional rules and regulations shall also apply to Intermediate Punishment Supervision:
1. The defendant shall abide by all of the rules and conditions of the Warren County Prison while serving the Jail/Work Release portion of the Intermediate Punishment sentence.
2. The defendant shall remain in his/her established place of residence at all times during the House Arrest/Electronic Monitoring portion of the sentence, unless a leave is approved by the Probation/Parole Department.
3. The defendant shall maintain telephone and electric service throughout the House Arrest/Electronic Monitoring portion of the Intermediate Punishment Sentence.

Offenders under supervision for sexually related offense shall abide by the additional special conditions for sexual offenders listed below.

1. The offender shall attend, cooperate with and participate in a meaningful way with sexual offender counseling. The defendant shall abide by the program rules and conditions.
2. The defendant shall not possess pornographic material in any media (books, internet downloads, VHS tapes, DVD's).
3. The defendant shall not have access to the internet unless granted written permission by his supervising officer after proper monitoring and filtering software are installed on any computer the offender is to use. The defendant will allow access regularly to all electronic communication devices within the defendant's control to determine if they are being used illegally.
4. The monitoring and filtering software must be under the control of someone other than the offender.
5. The offender shall have no contact with the victims of his offense. The offender shall be subject to the standard rules and conditions under Local 705 of the 37th Judicial District.
6. The defendant shall have no unsupervised contact with juveniles without the written consent of the Probation Officer.
7. The defendant must disclose information about his or her conviction(s) to potential adult sexual partners before beginning sexual relationships. They also must inform their Probation Officer of romantic relationships so they can ensure no potential child victims are accessible.
8. Offenders cannot patronize any establishment in the sex industry.

Penn. 37 C.P.L. 705