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Rule 530 – Duties and Powers of a Bail Agency

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Each court of common pleas may, by local rule, establish or designate a bail agency to monitor and assist defendants released on bail pursuant to these rules. The duties and powers of the agency shall include the following:

(1) gathering information about defendants relevant to bail decisions;
(2) making recommendations to the bail authorities concerning the types of release and the conditions of release on bail for individual defendants;
(3) supervising defendants when so designated by the bail authority;
(4) administering percentage cash bail when authorized by a bail authority pursuant to Rule 528, and evaluating for the bail authority the reliability and solvency of prospective sureties for percentage cash bail programs; and
(5) making reasonable rules and regulations to implement the bail agency’s functions.
(B) The representative of the bail agency who obtains information from a defendant shall, both orally and in writing, advise the defendant that anything said to a bail agency representative may be used against the defendant.
(C) Information obtained from or concerning the defendant by a bail agency shall be disclosed only to the defendant, counsel for the defendant, the issuing authority or judge setting bail, the attorney for the Commonwealth, and the department of probation or parole preparing a presentence report regarding the defendant. This information shall not be disclosed or used except for purposes relating to the defendant’s bail or a presentence report about the defendant, or in a prosecution based on the falsity of the information, or for impeachment purposes to the extent permitted by law.

234 Pa. Code ยง 530

Committee Explanatory Reports:

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) .