Probation/Parole And Intermediate Punishment Rules In Montgomery County
- I will report regularly in person, by mail or telephone as determined by my officer. The responsibility to report falls upon me, the offender.
- I must comply with all local, state, and federal criminal laws. I will notify my officer immediately if I am arrested by or if I am cooperating with any law enforcement agency. I will not enter into any agreement to act as a confidential informant for any law enforcement agency without written permission from my officer. I will abide by the rules and conditions imposed by the Montgomery County Adult Probation and Parole Department. Furthermore, I will conduct myself in a manner that I will not create a danger to the community or myself.
- My officer will make supervision visits in my home. I will provide access to the dwelling in which I reside. Prior to changing my residence, I must have the permission of my officer.
I will make every effort to obtain and maintain employment and support my dependant(s). I will notify my officer within 72 hours of any change. If I change my employment, I should have another position arranged.
- My daily travel is limited to the adjoining counties. Any travel beyond those counties, out of state, or overnight travel must be approved 72 business hours prior to the event. A travel permit must be obtained from my officer prior to my departure. Travel outside of the United States will require written approval from the visiting country’s consulate, and fines, costs, and restitution must be paid in full.
- I will pay all fines, costs, and restitution in monthly installments as directed by the court. Payments are to be sent to the Clerk of Courts, Courthouse, P.O. Box 311, Norristown, PA 19404.
- I am advised that all amounts over $1,000 will cause a lien and filing fees to be placed against me. Further, my failure to pay my fine, costs, and restitution as directed by the court may result in my account balance being submitted to a collection agency. An additional 25 percent collection charge will be added to my account balance.
- I will cooperate and participate in any medical, psychological, and/or psychiatric examination, test, treatment and/or counseling as directed by the court or my officer. If I enroll in treatment or counseling, I will immediately notify my officer and sign a confidential release with my treatment provider. I will remain in said program until released by my officer or until the satisfactory completion of said program.
- I will abstain from the unlawful possession, use or sale of narcotics or other dangerous drugs and drug paraphernalia. I will submit urine sample(s) and/or breathalyzer upon request of my probation/parole officer. If deemed appropriate, I will abstain from the possession and/or consumption of alcohol.
- I will request that my prescription medication be nonnarcotic and nonaddictive and notify my officer prior to consuming and/or using any prescribed medication or any over the counter medication. If my physician requires me to take any prescribed narcotic, pain, and/or potentially addictive medication, I may have to obtain a doctor’s note describing my need for such treatment. I will not take anyone else’s prescribed medication. I will not consume diet pills. I will not use and/or possess any other mood altering or hallucinogenic substance.
- I will not own, use, and/or possess any type of look-alike firearm, lethal weapon, explosives, and/or ammunition. Hunting is prohibited.
- I understand the Adult Probation and Parole Department has the authority to search my person, place of residence, or vehicle without a warrant, if he or she has reasonable suspicion.
PROBATION/PAROLE AND INTERMEDIATE PUNISHMENT RIGHTS, WAIVER, AND ACKNOWLEDGEMENT:
If I violate the rules and conditions of my probation/parole and intermediate punishment or am arrested on new criminal charges, the Montgomery County Adult Probation and Parole Department has the authority to arrest me as a probation/parole/IP violator, and either remand me to Montgomery County Correctional Facility or lodge a detainer against me if I am already incarcerated, pending appropriate hearings.
At that time, I am entitled to the following rights:
- To be notified in writing at least three days prior to a hearing of the time and place, and of the specific violation(s) charged.
- Representation at my hearings by counsel of my own choice or if I cannot afford counsel, one will be appointed free of charge.
- A preliminary hearing (Gagnon I) must be held before the court to determine whether there is probable cause to believe that a violation of probation/parole/intermediate punishment has
occurred. (A preliminary hearing or a waiver of this hearing at the District Court level for a new offense will satisfy this requirement.)
- A more comprehensive revocation hearing (Gagnon II) must be held before the court where:
a.) The Adult Probation and Parole Department will disclose any evidence they have to support the alleged probation/parole/intermediate punishment violations.
b.) I can confront adverse witness(es) (unless the court specifically finds good cause for not allowing confrontation).
c.) I can present evidence and favorable witness(es) on my behalf.
If the court decides that I have violated one or more conditions of my probation/parole/ intermediate punishment, I may be committed to prison for such time as may be specified by the court, in accordance with statutes of the Commonwealth of Pennsylvania.
I understand that if I leave the Commonwealth of Pennsylvania at any time I may be directed to return to Pennsylvania. I know that I may have a constitutional right to insist that Pennsylvania extradite me from any state where I may be found. This is commonly called the right to extradition. I also understand and acknowledge that I agree to return to Pennsylvania when ordered to do so. Therefore, I agree that I will not resist or fight any effort by any state to return me to Pennsylvania and I AGREE TO WAIVE ANY RIGHT I MAY HAVE TO EXTRADITION. I WAIVE THIS RIGHT FREELY, VOLUNTARILY AND INTELLIGENTLY.
I hereby acknowledge that I have read, or have had read to me, the foregoing conditions of my probation/parole/intermediate punishment, and that I fully understand them and agree to follow them. I fully understand the penalties involved should I, in any manner, violate them.
Furthermore, if I believe my rights have been violated or are about to be violated by an employee of the Montgomery County Adult Probation and Parole Department, I may file a written complaint to their immediate supervisor, who will investigate the complaint and respond in writing to the complainant. If I feel the need for further appeal, I am to proceed in a similar fashion according to the chain of command in the department.