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PA Bulletin, Doc. No. 06-1799

THE COURTS

NORTHAMPTON COUNTY

Administrative Order 2006-10--The Matter of the Initiation of the American Corrective Counseling Services Program for Bad Check Offenders in Northampton County; No. AD-302-2006

[36 Pa.B. 5779]
[Saturday, September 16, 2006]

Administrative Order

   And Now, this 31st day of August, 2006, upon motion of John M. Morganelli, District Attorney of Northampton County, and upon consideration of said motion, and a showing of good cause:

   It is hereby ordered that the bad check diversionary program administered by American Corrective Counseling Services, offered to certain bad check offenders, shall hereby commence effective September 18, 2006.

   It is furthered ordered that the collection of reasonable fees, costs, restitution and bank fees be permitted pursuant to the administration of this diversionary program, including the following fees: Diversionary Seminar Fee of $165.00; Administrative Fee of $25.00; Class Rescheduling Fee of $25.00; Late Payment Fee of $10.00.

By the Court

ROBERT A. FREEDBERG,   
President Judge

In Re: The Matter of the Initiation of the American Corrective Counseling Services Program For Bad Check Offenders in Northampton County

Motion for the Initiation of the Bad Check Offender Diversionary Program Run by American Corrective Counseling Services

To the Honorable, the President Judge of the Said Court:

   And Now, John M. Morganelli, District Attorney of Northampton County, moves to initiate the bad check program run by the American Corrective Counseling Services, and states the following:

   1.  Your movant is the District Attorney of Northampton County;

   2.  Movant is charged with the prosecution of all criminal offenses within Northampton County.

   3.  Bad check offenses under Title 18 Pa.C.S.A. § 4105 constitute a significant number of the total number of criminal offenses prosecuted within Northampton County.

   4.  Bad check offenses create an undue burden on law enforcement personnel, magisterial district judge staffs and the office of the district attorney.

   5.  American Corrective Counseling Services operates a bad check diversionary program at no cost to the county or taxpayers generally.

   6.  The office of the district attorney has contracted with American Corrective Counseling Services to operate their diversionary program within Northampton County.

   7.  The American Corrective Counseling Services program's goals are the diversion of bad check offenders from the criminal justice system and the speedy return of restitution monies to the victims of bad check offenders.

   8.  The American Corrective Counseling Services program requires the collection of full restitution monies, including a bank fee not to exceed the fee permitted under Pennsylvania law.

   9.  The American Corrective Counseling Services program also requires offenders to attend a one-day class educating offenders on the effects of bad checks.

   10.  The American Corrective Counseling Services program further requires that offenders pay for the costs of said class, as well as an administrative fee to the County of Northampton.

   11.  The fifteen (15) magisterial district judge offices within Northampton County will be the main point of distribution of American Corrective Counseling Services program materials to victims.

   12.  Bad check victims shall receive said materials which will instruct them on how to submit their bad check to the American Corrective Counseling program for the initiation of program services.

   Wherefore, movant respectfully requests that this Honorable Court sign and grant the proposed order allowing the initiation of the American Corrective Counseling Services Program within Northampton County.

Respectfully submitted,
 
John M. Morganelli,
District Attorney

   I,  John M. Morganelli, hereby aver that the facts set forth in the aforesaid Petition are true and correct to the best of my knowledge or information or belief. This verification is made subject to the penalties of § 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating to unsworn falsification to authorities.

[Pa.B. Doc. No. 06-1799. Filed for public inspection September 15, 2006, 9:00 a.m.]



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