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PA Bulletin, Doc. No. 09-1276

THE COURTS

Title 255--LOCAL
COURT RULES

MONTGOMERY COUNTY

Administrative Order; Assessment of Booking Center Fund Fee; AD 185-09

[39 Pa.B. 4102]
[Saturday, July 18, 2009]

Order of Court

   And Now, this 1st day of July, 2009, a Countywide Booking Center Plan having been adopted, it is hereby Ordered that the Clerk of Courts shall assess a three-hundred-dollar ($300.00) Booking Center Fund Fee against any defendant who is processed at one of the Booking Centers in Montgomery County (as identified in the Countywide Booking Center Plan) on or after September 1, 2009 and is either:

   1.  placed on probation without verdict pursuant to section 17 of the act of April 14, 1972 (P. L. 233, No. 64), known as The Controlled Substance, Drug, Device or Cosmetic Act;

or

   2.  receives Accelerated Rehabilitative Disposition for, pleads guilty to or nolo contendere to or is convicted of a crime under the following:

   a.  18 Pa.C.S. § 106(a) (relating to classes of offenses)

   b.  75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under influence)

   c.  75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance)

   d.  a violation of The Controlled Substance, Drug, Device and Cosmetic Act.

   This fee shall be in addition to all other authorized costs and supervision fees and shall be for the purpose of implementing the Countywide Booking Center Plan. The funds so collected shall be paid to the County and deposited into a special central booking center fund established by the County. Moneys in the special fund shall be dispersed on a monthly basis as follows--95% ($285) to be paid to the municipality supporting the respective Booking Center, and 5% ($15) retained by the County of Montgomery for administrative costs related to the collection of the fee. Any fees dispersed to the municipality supporting the Booking Center under this Order shall be used solely for the start-up, operation or maintenance of the Booking Center.

   This Court's previous Administrative Order, dated October 31, 2002, imposing a ''Live Scan Processing Fee'' shall remain in effect for all cases processed at any Booking Center (formerly called Live Scan sites) through September 1, 2009, and whose case is thereafter disposed pursuant to the Order of October 31, 2002. Said Administrative Order of October 31, 2002 shall not apply to any cases processed at one of the Booking Centers on or after September 1, 2009, such cases now being subject to the within Administrative Order (Booking Center Fund Fee).

By the Court

RICHARD J. HODGSON,   
President Judge

[Pa.B. Doc. No. 09-1276. Filed for public inspection July 17, 2009, 9:00 a.m.]


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