IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY
PENNSYLVANIA
CRIMINAL DIVISION
IN RE: ADMINISTRATIVE ORDER
2007-3 — ADVANCED
COMMUNICATION
TECHNOLOGY;
BOOKING PROCEDURE;
EMERGENCY PROTECTION
FROM ABUSE PROCEDURE
ORDER
AND NOW, this day of , 2007, it is hereby ordered:
DEFINITIONS
1. A. Advanced Communication Technology is as defined at PA.R.CRIM. P. 103.
B. Advanced Communication Technology Site is as defined at PA.R.CRIM. P. 103.
C. Normal Business Hours of Magisterial District Courts are Monday - Friday, 8:30 a.m. to 4:30 p.m., except on state court holidays.
CENTRAL BOOKING PROCEDURE
2. A. The court of Common Pleas of Northampton County hereby adopts a countywide central booking plan as set forth herein.
B. Central Booking Centers (hereinafter, CBC) are advanced communication technology sites located at the Northampton County Department of Corrections, 139 South Union Street, Easton, PA 18042, and at the City of Bethlehem Police Department, 10 East Church Street, Bethlehem, PA 18018.
3. CBC shall be utilized to process and identify individuals arrested for a felony or misdemeanor. Among the procedures to be conducted at CBC are photography, fingerprinting and determination of the prior record of involvement with the court system for the person who is processed.
4. (A) If the arrest occurs at times other than during normal business hours of the magisterial district courts, persons arrested, with or without a warrant, for a felony or misdemeanor, except those processed at Northampton County D.U.I, Centers, shall be taken to a CBC for processing prior to the preliminary arraignment. This requirement shall not apply to persons arrested and released pursuant to PA.R. CRIM. P. 519 (B) who shall be processed in accord with paragraph 5. If the person is released after preliminary arraignment, the police, if requested, shall return him to the community in which he was arrested.
(B) If the arrest occurs during normal business hours of the magisterial district courts, the arresting officer may take the person arrested to the magisterial district court for preliminary arraignment. If the person arrested is released, the magisterial district judge shall give him the “Notice-Central Booking Required” set forth in No. 5. If the person arrested is committed to prison, he shall first be taken to CBC for processing.
5. When an issuing authority issues a summons rather than an arrest warrant, the issuing authority shall send the following notice with the summons:
“Notice — Central Booking Required”
“You must report to the Central Booking Center at the Northampton County Department of Corrections, 139 South Union Street, Easton, PA 18042,
for processing at least five (5) days before your preliminary hearing. Bring a copy of the summons with you to the Central Booking Center.
Failure to report to the Central Booking Center will cause your arrest and detention.”
6. CBC staff shall provide copies of photographs, fingerprints and prior record to the police prosecutor, the magisterial district judge who conducts the preliminary arraignment and who conducts the preliminary hearing, and to the District Attorney of Northampton County.
VIDEO ARRAIGNMENT
7. Preliminary arraignments, during other than normal business hours of the magisterial district courts shall employ two-way simultaneous audio-visual communication pursuant to PA.R. CRIM. P. 540 (A), and shall be conducted at a CBC.
ARREST WARRANT AND SEARCH WARRANT PROCEDURE
8. Advanced communication technology shall be employed when police seek issuance of a search warrant or an arrest warrant during other than normal business hours of the magisterial district courts. Advanced communication technology may be employed when police seek issuance of a search warrant or an arrest warrant during normal business hours of the magisterial district courts.
Police who do not have access to advanced communication technology may use the equipment at CBC.
PROTECTION FROM ABUSE ACTIONS-EMERGENCY RELIEF BY MINOR JUDICIARY
9. Proceedings for emergency relief by minor judiciary pursuant to the Protection from Abuse Act shall be conducted at an advanced technology communication site. Such proceedings shall employ simultaneous two-way audio-visual communication.
MISCELLANEOUS
10. (A) The Court Services Director of Northampton County shall administer the countywide central booking plan and the CBC. (B) All applicable federal and state technology standards for the collection and transmission of offender identification information shall be complied with.
11. Fingerprinting authorized by law, including 18 PA.C.S.A. §3929 (G) and 18 PA. C.S.A. §9112, may be taken at CBC.
12. Fingerprinting and photographing of juveniles charged with delinquency, as authorized by the Juvenile Act, 42 PA.C.S.A. §6308 and §6309, shall be done at CBC.
13. Costs in the amount of Two Hundred Dollars ($200.00) for central booking procedures performed pursuant to this administrative order shall be assessed upon conviction of a felony or misdemeanor or acceptance into the Accelerated Rehabilitation Disposition Program.
Said sum shall be paid to the Clerk of Court of the Criminal Division who shall retain said funds in a special Central Booking Account until appropriated by the County as authorized by law.
14. When a police department obtains sufficient advanced communication technology to qualify as an advanced communication technology site,
application may be submitted to the President Judge for designation as a CBC.
15. This order shall become effective at 9:00 a.m., July 16, 2007. Administrative Order #2006-13 is vacated.
BY THE COURT:
_________________________________
ROBERT A. FREEDBERG, P. J.