Colleagues,

Update on Act 44, Monroe County has a split bench on all facets of Act 44. We have one appeal headed to Superior but another issue is starting to piss me off. I need opinions/anecdotes on whether probation can detain and arrest a client for technical violations without a program under 9771.1? The language under 9771 all requires “the court” to make determinations and of course there is a presumption against confinement. I’ve had one Judge agree that probation can not detain for technical violations until a hearing. But we have a stubborn Judge who has allowed probation to detain and the Judge is scheduling hearings 15-25 days out, commonly for one positive drug screen for fentanyl. Curious what other counties are facing on this particular issue.

Jason
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