When the bail authority determines that, in addition to the conditions of the bail bond set forth in Rule 526(A), it is necessary to impose nonmonetary conditions of release on bail in order to reasonably ensure the defendant’s appearance and compliance, the bail authority should consider what the specific circumstances are that relate to the likelihood that the defendant will appear and comply and should tailor the conditions of release for the defendant’s specific circumstances. In addition, the bail authority must determine whether the conditions being considered are reasonably capable of being enforced.
Section 2711 of the Crimes Code, 18 Pa.C.S. § 2711, requires that in domestic violence cases, if the bail authority determines that the defendant poses a threat of danger to the victim, he or she must impose the additional conditions of bail that the defendant ‘‘refrain from entering the residence or household of the victim or the victim’s place of employment,’’ and that the defendant ‘‘refrain from committing any further criminal conduct against the victim.’’
The bail authority should clearly state on the bail bond all conditions of release in specific detail.
The bail authority should consider any reasonable suggestions for nonmonetary conditions of release on bail in an effort to establish what would be the most suitable conditions for a particular defendant. It would be appropriate in some circumstances for the defendant and counsel to offer suggestions about types of conditions that would help the defendant appear and comply with the conditions of the bail bond.
The following sets forth a few examples of conditions that might be imposed to address specific situations. In some circumstances, a combination of such conditions might also be considered. This is not intended to be an exhaustive list of appropriate conditions.
(1) When, for example, the defendant lacks family supervision, is very young, or has recently moved into the community, the bail authority could require that the defendant report by phone or in person at specified times to a designated probation department or bail agency, or that the defendant be supervised by a designated probation department or bail agency, or a designated person or private organization. The supervisor would maintain close contact with the defendant, assist the defendant in making arrangements to appear in court, and, if appropriate, accompany the defendant to court. However, the designated individual, organization, probation department, or bail agency would not be a surety for the defendant unless specifically so designated by the bail authority. It might also be helpful to require that the defendant maintain employment or continue an educational program.
(2) When, for example, the defendant is known to have an alcohol or a drug problem, the bail authority could require that the defendant submit to drug or alcohol testing. The bail authority could also require that the defendant refrain from excessive use of alcoholic beverages or from any use of illegal drugs.
(3) When, for example, the defendant has a history of failing to appear or failing to comply with the conditions of the bail bond, the bail authority might consider restricting the defendant to his or her residence or a supervised halfway house, and permitting the defendant to leave the residence or halfway house to work or attend school, or require that the defendant comply with a curfew.
(4) There may be cases in which the defendant and counsel should suggest to the bail authority that an appropriate condition of release on bail would be to require that the defendant undergo counseling and/or treatment, for example, when the defendant has a history of mental illness or drug or alcohol addiction.
(5) There may be cases when the relationship between the defendant and another person is such that the bail authority might require that the defendant refrain from contact with that other person.
(6) When a case proceeds by summons, the issuing authority must require that the defendant submit to required administrative processing and identification procedures, such as fingerprinting required by the Criminal History Record Information Act, 18 Pa.C.S. § 9112, that ordinarily occur following an arrest. Rule 510(C)(2) requires an order directing the defendant to be fingerprinted be issued with the summons. If the defendant has not completed fingerprinting by the date of the preliminary hearing, completion of these processing procedures must be made a condition of release.
Former Rule 4006 adopted July 23, 1973, effective 60 days hence, replacing prior Rules 4008 and 4010; amended January 28, 1983, effective July 1, 1983; rescinded September 13, 1995, effective January 1, 1996, and replaced by Rules 524 and 528. Present Rule 4006 adopted September 13, 1995, effective January 1, 1996. The January 1, 1996 effective dates extended to April 1, 1996; the April 1, 1996 effective dates extended to July 1, 1996; renumbered Rule 527 and amended March 1, 2000, effective April 1, 2001; Comment revised July 10, 2008, effective February 1, 2009.
Final Report explaining the provisions of the new rule published with Court’s Order at 25 Pa.B. 4116 (September 30, 1995).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).
Final Report explaining the July 10, 2008 Comment revisions adding paragraph (6) concerning administrative processing and identification procedures published with the Court’s Order at 38 Pa.B. 3975 (July 26, 2008).
