§ 9911 — Definitions

Pennsylvania § 9911

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VIII
• Ch. 99: OTHER CRIMINAL PROVISIONS
• Subch.: COUNTY PROBATION OFFICERS

Text

The following words and phrases when used in this subchapter shall have the meanings given in this section unless the context clearly indicates otherwise:

"ARD."Accelerated Rehabilitative Disposition.

"Conditions of supervision."Any terms or conditions of an offender's supervision whether imposed by the court or an officer, including compliance with all requirements of Federal, State and local law.

"Contraband."Any item that an offender is not permitted to possess under the conditions of supervision, including any item whose possession is forbidden by any Federal, State or local law.

"Court."The court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof or any magisterial district judge.

"Exigent circumstances."The term includes, but is not limited to, suspicion that contraband or other evidence of violations of the conditions of supervision might be destroyed or suspicion that a weapon might be used. Exigent circumstances always exist with respect to a vehicle.

"Offender."A person released on county probation, intermediate punishment or county parole. The term shall not include any person serving a period of probation pursuant to Accelerated Rehabilitative Disposition, except as authorized under section 9912(b) (relating to supervisory relationship to offenders).

"Officer."A probation or parole officer appointed or employed by any court or by any county department of probation and parole to supervise persons released on county probation or parole.

"Personal search."A warrantless search of an offender's person, including, but not limited to, the offender's clothing and any personal property which is in the possession, within the reach or under the control of the offender.

"Probation officer."As defined in section 6304 (relating to powers and duties of probation officers).

"Property search."A warrantless search of real property, vehicle or personal property which is in the possession or under the control of an offender.

"Real property."Any residence or business property of an offender, including all portions of the property to which the offender has access.

"Supervisor."An individual acting in a supervisory or administrative capacity.

"Technology portal."A device, including a cellular phone and other electronic device, that allows simultaneous voice and video communication in real time between the offender and the probation officer.

Legislative History

(July 7, 2022, P.L.492, No.46, eff. 60 days) 2022 Amendment.Act 46 added the defs. of "probation officer" and "technology portal."