Adult Probation and Parole Services Administrative Fee; No. AD-3-2014
[45 Pa.B. 555]
[Saturday, January 31, 2015]
Order of Court
And Now, this 8th day of December, 2014, pursuant to 42 Pa.C.S.A. § 9728(g), the Court hereby orders the imposition of a monthly probation administrative fee of Ten and 00/100 ($10.00) Dollars per month assessed against all offenders placed on probation, parole, accelerated rehabilitative disposition (ARD), probation without verdict (PWV), or intermediate punishment (IP). Said increase is to be effective thirty (30) days after publication in the Pennsylvania Bulletin and applied only to offenders sentenced or placed on ARD on or after the publication requirement has been satisfied. In support of this Order establishing a monthly probation administrative fee, the Court finds as follows:
1. That pursuant to 42 Pa.C.S.A. § 9728(g), any costs of the Adult Probation Department, including but not limited to, any reasonable administrative costs associated with the collection of restitution, reparation fees, costs, and fines, shall be borne by the offender.
2. That, heretofore, the Court never assessed a monthly probation administrative fee against offenders sentenced to probation, parole, ARD, PWV, or IP.
3. That the Adult Probation Department expends significant time and resources administering and collecting restitution, reparation fees, costs, and fines from offenders placed on probation, parole, ARD, PWV, and IP.
4. That the Court, through the Adult Probation Department, can no longer solely bear all of the costs of collecting restitution from offenders placed on probation, parole, ARD, PWV, and IP, and that it is fair and reasonable to assess a monthly probation administrative fee against offenders for this purpose.
The following guidelines shall be implemented in the assessment and collection of the monthly probation administrative fee:
1. All offenders placed on probation, parole, ARD, PWV, and IP shall be assessed a monthly probation administrative fee of Ten and 00/100 ($10.00) Dollars for every month or fraction thereof that an offender is under supervision.
2. Said monthly probation administrative fee shall be considered a condition of probation, parole, ARD, PWV, and IP. Failure to pay monthly probation administrative fees shall be considered by the Court to be a technical violation of an offender's conditions of supervision and may result in a revocation of a sentence of probation, parole, ARD, PWV, or IP.
3. The monthly probation administrative fee may be paid by the offender at one time or on a monthly basis.
4. When an offender's probation, parole, ARD, PWV, or IP is transferred to Adult Probation from another jurisdiction for supervision purposes, the monthly probation administrative fee shall be established from the date the case is accepted for supervision.
5. In those instances where an offender has multiple active cases, the monthly probation administrative fee shall be assessed on an offender only once, and the Adult Probation Department shall apportion the monthly probation administrative fee accordingly.
6. Any offender committed to, remanded to, or detained in a jail or prison for a violation of their probation, parole, ARD, PWV, or IP shall have their monthly probation administrative fee accrue until such time as the Court revokes said probation, parole, ARD, PWV, or IP. Upon release, the monthly probation administrative fee shall be re-assessed by the Adult Probation Department if the offender will be under the supervision of the Adult Probation Department.
7. The funds collected pursuant to this administrative order shall be deposited in a fund for the exclusive use by the Twenty-Fifth Judicial District of Pennsylvania. This fund shall be used to support the operation of the Court's Adult Probation Department, technology enhancement, and education and training for Adult Probation officers and staff. Expenditures from this account can be authorized only by the President Judge. An accounting of this administrative fee account shall be made quarterly by the Chief Probation Officer in writing to the President Judge.
By the Court
CRAIG P. MILLER,
[Pa.B. Doc. No. 15-153. Filed for public inspection January 30, 2015, 9:00 a.m.]
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