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2007-3 ADVANC COMM TECH CBC
  

2007-3

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IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY
PENNSYLVANIA
CRIMINAL DIVISION

IN RE: ADMINISTRATIVE ORDER
2007-3 — ADVANCED
COMMUNICATION
TECHNOLOGY;
BOOKING PROCEDURE;
EMERGENCY PROTECTION
FROM ABUSE PROCEDURE

ORDER

AND NOW, this day of , 2007, it is hereby ordered:

DEFINITIONS


1. A. Advanced Communication Technology is as defined at
PA.R.CRIM. P. 103.


B. Advanced Communication Technology Site is as defined
at PA.R.CRIM. P. 103.


C. Normal Business Hours of Magisterial District Courts are
Monday - Friday, 8:30 a.m. to 4:30 p.m., except on
state court holidays.


CENTRAL BOOKING PROCEDURE


2. A. The court of Common Pleas of Northampton County hereby
adopts a countywide central booking plan as set forth
herein.


B. Central Booking Centers (hereinafter, CBC) are advanced
communication technology sites located at the Northampton
County Department of Corrections, 139 South Union Street,
Easton, PA 18042, and at the City of Bethlehem Police
Department, 10 East Church Street, Bethlehem, PA 18018.


3. CBC shall be utilized to process and identify individuals
arrested for a felony or misdemeanor. Among the procedures
to be conducted at CBC are photography, fingerprinting and
determination of the prior record of involvement with the
court system for the person who is processed.


4. (A) If the arrest occurs at times other than during normal business
hours of the magisterial district courts, persons arrested,
with or without a warrant, for a felony or misdemeanor,
except those processed at Northampton County D.U.I,
Centers, shall be taken to a CBC for processing prior to the
preliminary arraignment. This requirement shall not apply to
persons arrested and released pursuant to PA.R. CRIM. P. 519 (B)
who shall be processed in accord with paragraph 5. If the person
is released after preliminary arraignment, the police, if requested,
shall return him to the community in which he was arrested.


(B) If the arrest occurs during normal business hours of the magisterial
district courts, the arresting officer may take the person arrested
to the magisterial district court for preliminary arraignment.
If the person arrested is released, the magisterial district judge
shall give him the “Notice-Central Booking Required” set
forth in No. 5. If the person arrested is committed to prison,
he shall first be taken to CBC for processing.


5. When an issuing authority issues a summons rather than an arrest
warrant, the issuing authority shall send the following notice with
the summons:
“Notice — Central Booking Required”

“You must report to the Central
Booking Center at the Northampton
County Department of Corrections, 139
South Union Street, Easton, PA 18042,
for processing at least five (5) days before
your preliminary hearing. Bring a copy
of the summons with you to the Central
Booking Center.

Failure to report to the Central
Booking Center will cause your arrest
and detention.”

6. CBC staff shall provide copies of photographs, fingerprints and
prior record to the police prosecutor, the magisterial district judge
who conducts the preliminary arraignment and who conducts the
preliminary hearing, and to the District Attorney of Northampton
County.


VIDEO ARRAIGNMENT


7. Preliminary arraignments, during other than normal business
hours of the magisterial district courts shall employ two-way
simultaneous audio-visual communication pursuant to
PA.R. CRIM. P. 540 (A), and shall be conducted at a CBC.


ARREST WARRANT AND SEARCH WARRANT PROCEDURE


8. Advanced communication technology shall be employed
when police seek issuance of a search warrant or an
arrest warrant during other than normal business hours
of the magisterial district courts.
Advanced communication technology may be employed
when police seek issuance of a search warrant or an
arrest warrant during normal business hours of the
magisterial district courts.
Police who do not have access to advanced communication
technology may use the equipment at CBC.

PROTECTION FROM ABUSE ACTIONS-EMERGENCY
RELIEF BY MINOR JUDICIARY

9. Proceedings for emergency relief by minor judiciary pursuant to
the Protection from Abuse Act shall be conducted at an
advanced technology communication site. Such proceedings
shall employ simultaneous two-way audio-visual communication.

MISCELLANEOUS

10. (A) The Court Services Director of Northampton County
shall administer the countywide central booking plan and the CBC.
(B) All applicable federal and state technology standards for the
collection and transmission of offender identification information
shall be complied with.


11. Fingerprinting authorized by law, including 18 PA.C.S.A. §3929 (G)
and 18 PA. C.S.A. §9112, may be taken at CBC.


12. Fingerprinting and photographing of juveniles charged with
delinquency, as authorized by the Juvenile Act, 42 PA.C.S.A. §6308
and §6309, shall be done at CBC.


13. Costs in the amount of Two Hundred Dollars ($200.00) for
central booking procedures performed pursuant to this administrative
order shall be assessed upon conviction of a felony or misdemeanor or
acceptance into the Accelerated Rehabilitation Disposition Program.
Said sum shall be paid to the Clerk of Court of the Criminal Division
who shall retain said funds in a special Central Booking Account until
appropriated by the County as authorized by law.


14. When a police department obtains sufficient advanced communication
technology to qualify as an advanced communication technology site,
application may be submitted to the President Judge for designation
as a CBC.


15. This order shall become effective at 9:00 a.m., July 16, 2007.
Administrative Order #2006-13 is vacated.


BY THE COURT:

_________________________________
ROBERT A. FREEDBERG, P. J.