2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 99 - Other Criminal Provisions
9911 - Definitions.

                                CHAPTER 99
                        OTHER CRIMINAL PROVISIONS

     Subchapter
        A.  County Probation Officers

        Enactment.  Chapter 99 was added August 11, 2009, P.L.147,
     No.33, effective in 60 days.
        Prior Provisions.  Former Chapter 99, which related to State
     Intermediate Punishment, was added November 19, 2004, P.L.855,
     No.112, and repealed August 11, 2009, P.L.147, No.33, effective
     in 60 days.

                               SUBCHAPTER A
                        COUNTY PROBATION OFFICERS

     Sec.
     9911.  Definitions.
     9912.  Supervisory relationship to offenders.
     9913.  Peace officer power for probation officers.

        Special Provisions in Appendix.  See section 12 of Act 33 of
     2009 in the appendix to this title for special provisions
     relating to references in text.
     § 9911.  Definitions.
        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.
        "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.