Lycoming is detaining on technical violations then having a hearing in many cases; hearings are normally scheduled within a week.  But one positive urine never causes detention. Nicole

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 Jason LaBar
Sent: Thursday, October 3, 2024 8:29 AM
To: chiefdefenders@pdap.simplelists.com
Subject: Probation Violations

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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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