Current through Register Vol. 54, No. 44, November 2, 2024
(a) Prior
to imposing sentence, the court may, upon motion of the Commonwealth and
agreement of the defendant, commit a defendant to the custody of the Department
for the purpose of evaluating whether the defendant would benefit from a DOTP
and whether placement in a DOTP is appropriate.
(b) The committing county shall deliver a
defendant committed to the custody of the Department for purposes of an
evaluation to the institution the Department has designated for reception of
inmates from that county. The defendant shall be housed in a State correctional
institution while undergoing the evaluation. The following documents shall be
delivered to the Department simultaneously with the defendant's arrival. The
Department may refuse to accept for evaluation a defendant who is delivered to
the Department by the county without all the documents listed as follows:
(1) A certified copy of the order committing
the defendant to the Department's custody for purposes of an
evaluation.
(2) A summary of the
offense for which the inmate has been convicted, including the criminal
complaint and police report summarizing the facts of the crime, if available,
or a copy of the affidavit of probable cause accompanying the arrest
warrant.
(3) A record of the
defendant's adjustment in the county correctional facility, including,
misconducts and escape history.
(4)
Any current medical or psychological condition requiring treatment, including,
suicide attempts.
(5) Any medical
admission testing performed by the county and the results of those tests,
including, hepatitis, HIV/AIDS, tuberculosis or other infectious disease
testing.
(6) A notice of current
and previously administered medications. The notice must include the name and
dosage of the medications provided to the inmate while incarcerated in the
county as well as over-the-counter medications used by the inmate and known to
the county. The notice must list medications provided or used during the
preceding calendar year.
(7) A 48
hour supply of current medications.
(c) Within 7 days of delivery of the
defendant to the Department for an evaluation, the committing county shall
provide the Department with the following:
(1)
A summary of the disposition of all arrests noted on the defendant's record of
arrest and prosecution (RAP Sheet).
(2) Any available information regarding the
defendant's history of drug or alcohol abuse, addiction or treatment, including
any evaluation performed using Court Reporting Network instruments or other
evaluation techniques deemed appropriate by the court under
75 Pa.C.S. §
3816
(relating to requirements for driving under the influence offenders) or any
other provision of law.
(3) A
presentence investigation when available or if a presentence investigation
cannot be completed, the official version of the crime for which the offender
was convicted or a copy of the guilty plea transcript or a copy of the
preliminary hearing transcript.
(4)
A copy of the guideline sentence form issued by the Commission.
(5) Other information the court deems
relevant to assist the Department with its assessment of the
defendant.
