In Centre we try to do a rough guideline calculation (from the AOPC "court summary" and any prior PSI we had from a prior representation) for negotiating at the preliminary hearing.  DA gives us the PA Clean rap sheet in Discovery.  Probation will sometimes find out of state stuff that it reports in the PSI

David Crowley
Chief Public Defender
2d Floor Courthouse Annex Ste. 202
106 E. High Street
Bellefonte, PA  16823
814-355-6798
drcrowley@centrecountypa.gov

-----Original Message-----
From: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com> On Behalf Of Nicole J. Spring
Sent: Wednesday, September 11, 2024 7:44 AM
To: 'chiefdefenders@pdap.simplelists.com' <chiefdefenders@pdap.simplelists.com>
Subject: RE: Probation Departments (PSI)

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Lycoming is the same as Bedford.

Nicole J. Spring, Esquire
Chief Public Defender
Lycoming County Public Defender’s Office
(570) 327-2367
Fax:  (570) 320-8130
nspring@lyco.org

-----Original Message-----
From: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com> On Behalf Of Karen Hendershot
Sent: Tuesday, September 10, 2024 12:05 PM
To: chiefdefenders@pdap.simplelists.com
Subject: RE: Probation Departments (PSI)

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After reading this thread, I feel rather fortunate.  Unless we are dealing with the OAG, I am typically able to work out firm bargains with our DA's office.  As for the Probation Department, while they compile PSIs that provide the matrix information, Probation DOES NOT provide a sentencing recommendation.  The only recommendations that Probation/Parole provides are in relation to violations of parole and probation.

As for the calculations of PRS, our DA's office gives us our client's entire rap sheets including from other jurisdictions.  So, I am able to calculate PRS well on my own.  I often compare my calculation with the DA's as we negotiate agreements so determine we are looking at the same ranges when negotiating.

Thank you,

Karen Hendershot

Bedford County Public Defender
200 South Juliana Street
Bedford, Pennsylvania  15522
(814) 623-8606

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-----Original Message-----
From: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com> On Behalf Of David Crowley
Sent: Tuesday, September 10, 2024 9:49 AM
To: chiefdefenders@pdap.simplelists.com
Subject: RE: Probation Departments (PSI)

In Centre we are able to negotiate plea agreements with the DA that are specific in terms of counts, sentencing alternative and length.  The colloquy acknowledges the defendant's right to withdraw the plea and "shop" the agreement to another judge  (we have 4 and usually the DA doesn't pull the offer).  So there is not much room for probation office input into the sentence.   Occasionally they will whine at sentencing about something they don't like in the plea offer, we will accuse them of practicing law without a license and the plea will go through.  They do make all the recommendations on pvs  (ADA just reads their memo into the record at the revocation hearing).

As we moved from a system where the elected  part-time DA moved to the bench after 1 or 2 terms to a system where the elected DA had no financial incentive to leave a "full time job"  and we started electing civil practitioners to the bench; we started getting push back from the bench on our binding plea bargains.  Between the DA standing firm on their right to negotiate binding plea offers and our position that the Rules of Criminal Procedure prohibit the court from dirtying its hands in the plea bargaining process, we have thus far preserved the status quo.

Dave

David Crowley
Chief Public Defender
2d Floor Courthouse Annex Ste. 202
106 E. High Street
Bellefonte, PA  16823
814-355-6798
drcrowley@centrecountypa.gov

-----Original Message-----
From: chiefdefenders@pdap.simplelists.com <chiefdefenders@pdap.simplelists.com> On Behalf Of Elizabeth A. Christopher
Sent: Monday, September 9, 2024 8:07 PM
To: chiefdefenders@pdap.simplelists.com
Subject: Re: Probation Departments (PSI)

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Because I saw you reference a PSI reporter, I’d further add that our Probation Department doesn’t actually testify at all. They just provide the Judge with the PSI with the sentencing recommendation - this includes DOC vs County too. Half of the time the recommendation isn’t even discussed on record, and the Judge just reads verbatim from the prepared recommendation in the PSI as if it was their own thoughts.

I really feel this is incredibly improper but I frankly don’t feel like the Judges take me or the DA seriously, so hoping for data almost to present them about how no other county operates this way. Idk if this made news in any of the surrounding counties, but we’ve had signs going up all week in Kittanning that it’s a “kangaroo court,” and I really can’t say I disagree most days.

Best,
Liz

Sent from my iPhone

> On Sep 9, 2024, at 7:03 PM, Harry Cancelmi <hcancelmi@co.greene.pa.us> wrote:
>
> CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
>
> Our probation department drafts the sentencing guidelines. The PSI reporter does NOT make recommendation as to actual sentence.  On the stand one can ask questions of the PSI author:  Was D cooperative? Do you think he would respond well to programs? Does he have potential to succeed on probation? etc.
>
> Sent from my iPhone
>
>> On Sep 9, 2024, at 4:54 PM, Elizabeth A. Christopher <eachristopher@co.armstrong.pa.us> wrote:
>>
>> *** This message has come from a source outside of the County. Please use caution when clicking on links and downloading attachments.***
>>
>>
>>
>> Hi all!
>>
>> Since I saw Somerset appears to be having the same issue as Armstrong, I wanted to check what is normal throughout the counties in re Probation Departments.
>>
>> In Armstrong, both of our judges appear to always sentence in accordance with the recommendation from the Probation Department prepared in the PSI. This is especially concerning in 2 areas: when the DA & PD both miscalculated a Prior Record Score, and when the DA & PD agree to a deal outside of standard range. There have additionally been times when the DA & PD have agreed to run cases concurrent, the Probation Department recommendation in the PSI recommends consecutive, & the Judge almost always goes with the Probation Department recommendation.
>>
>> We then further have waiver language on our plea deals, explicitly stating that the judges are allowed to sentence outside of the plea agreement & that clients cannot withdrawal a plea for that reason (though our DA will often consent as they dislike the waiver language). This waiver language is required by our PJ & I can’t tackle that challenge without negatively impacting my clients (I am quite sure it will require either J Board action or refusal to sign any plea deals until it’s removed. Our PJ is stubborn.) This obviously is an issue when PRS is wrong though, as my clients are typically looking at additional months of jail time without any knowledge prior to pleading guilty, and our Judges do not appear to honor any agreements between DA & PD.
>>
>> We also have this issue with revocation hearings, where even when the DA and PD agree, the Judge will still go with the recommendation from the Probation Department. Most notably, in a case I have pending appeal, the DA agreed with the PD position that guidelines for the charge were probation to 1 month and stated as such to the Court. The Probation Department agreed that those were the standard guidelines, but because my client had picked up 2 additional charges (one of which was a wrongful accusation that the DA withdrew; the other was a 1st DUI/Fleeing) recommended 2 to 5 years at DOC. The Judge went with 2 to 5 years at DOC over my strenuous objections.
>>
>> Basically I’ll have been in my position for a year on Wednesday, so I’m still trying to figure out what battles are necessary to fight, and which are bigger than I am able to tackle myself. So I guess I was just wondering if others were having similar issues here. This does not feel normal at all to me, but I want to know also if it’s a systemic issue across the state that’s going to be exceptionally difficult for me to try to fix in my County without assistance.
>>
>> Best,
>> Liz
>>
>> Sent from my iPhone
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