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PA Bulletin, Doc. No. 05-1260

THE COURTS

LEHIGH COUNTY

Initiation of the American Corrective Counseling Services Program for Bad Check Offenders; Misc. Doc. No. 2005/1317-M

[35 Pa.B. 3660]

Administrative Order

   And Now this 15th day of June, 2005 upon motion of James B. Martin, Disrict Attorney of Lehigh 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, may hereby commence June 15, 2005;

   It Is Further 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.

   It Is Further Ordered that a copy of this order shall be served upon each of the fourteen (14) Magisterial District Judges within Lehigh County.

   It Is Further Ordered that the Court Administrator of Lehigh County is directed to:

   1.  File seven (7) certified copies of this Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one disk copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Criminal Procedural Rules Committee.

   4.  File one (1) copy with the Clerk of Courts of the Lehigh County Court of Common Pleas.

   5.  Forward one (1) copy for publication in the Lehigh County Law Journal.

By the Court

WILLIAM H. PLATT,   
President Judge

IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

IN RE: The Matter of the initiation:
of the American Corrective:Misc. Docket No.
Counseling Services program:
for Bad Check Offenders in:
Lehigh 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, JAMES B. MARTIN, DISTRICT ATTORNEY OF LEHIGH COUNTY, moves to initiate the bad check offender diversionary program, run by American Corrective Counseling Services, and states the following:

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

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

   4.  Bad Check offenses create an undue burden on Law Enforcement personnel, Magisterial District Judge Staffs, and the Office of 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 Lehigh 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 Lehigh.

   11.  The fourteen (14) Magisterial District Judge offices within Lehigh County will be the main point of distribution of American Corrective Counseling Services program materials to victims.

   12.  Bad check victims will receive said materials which will instruct them on how to submit their bad check to the American Corrective Counseling Services 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 Lehigh County.

                              Respectfully Submitted,
 
JAMES B. MARTIN
DISTRICT ATTORNEY

[Pa.B. Doc. No. 05-1260. Filed for public inspection July 1, 2005, 9:00 a.m.]


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