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PA Bulletin, Doc. No. 11-1591

THE COURTS

UNION COUNTY

Juvenile Restitution Fund; No. CP-60-AD-2-2011; 1100633

[41 Pa.B. 4945]
[Saturday, September 17, 2011]

Order

 And Now, this 23rd day of August, 2011, it is hereby Ordered and Directed that the Court of Common Pleas of Snyder County and Union County, Pennsylvania, adopts the Juvenile Restitution Fund pursuant to section 6352(a)(5) of the Juvenile Act.

 The following Guidelines dated July 14, 2011 are in- corporated herein by reference.

By the Court

MICHAEL H. SHOLLEY, 
President Judge

Snyder and Union County

Juvenile Restitution Fund Guidelines

July 14, 2011

I. Definitions

 1. Restitution Fund—A fund established by the president judge of a court of common pleas under section 6352(a)(5) of the Juvenile Act (relating to disposition of delinquent child), from which disbursements are made at the discretion of the president judge pursuant to written guidelines promulgated by the president judge and the limitations of the Juvenile Act, and used to reimburse crime victims for financial losses resulting from delinquent acts.

 2. Crime Victim—individual(s), non-profit-charitable organizations, and governmental entities that suffer financial loss as a result of delinquent acts.

II. Establishment and Administration of Restitution Funds

 Monies currently in the Snyder County Juvenile Collection Trust Account will be used to create the new Juvenile Restitution Fund (JRF). To further fund the Juvenile Restitution Fund, every adjudicated delinquent or individual placed on consent decree shall pay a mandatory, one time, case management fee into the JRF, of twenty-five dollars. Payment of this case management fee cannot be waived, nor can community service, in place of payment, be used.

 The Juvenile Restitution Fund will pay out a maximum of $500 of restitution to a crime victim per case without a court order, depending on the cost of damages or financial loss resulting from delinquent acts. The adjudicated individual will then gradually pay back their restitution to the Juvenile Restitution Fund, based on the specific terms of their probation. Restitution shall not exceed the court's determination of restitution.

 Should an individual victim's need be too great, as decided by the sentencing judge, and the restitution being paid out to that victim is determined to be too low, the sentencing judge may increase the pay out from the Juvenile Restitution Fund. This is at the sole discretion of the sentencing judge for special cases in which the victim's financial hardship is such that restitution paid out to them is deemed insufficient.

 All payments from the Juvenile Restitution Fund must be approved by the Chief Probation Officer and the Probation Officer assigned to the case. Any payments in excess of the $500 referenced above shall be approved by the president judge.

 All adjudicated individuals aged 16 years or older that cannot pay their restitution will be required to find part-time employment and use earnings to pay off restitution owed. If an adjudicated individual cannot find employment, they must submit five job applications per week as proof of an attempt to find employment.

 Adjudicated individuals aged 12 to 15 years that cannot find, or are too young to have, part-time employment and cannot pay their restitution will be required to perform community service in lieu of a part-time job. The number of required hours of community service will be calculated by dividing the amount of restitution owed by the amount of Pennsylvania State minimum wage.

III. Disbursements From The Restitution Fund (adopted from The Pennsylvania Code, Subchapter F. Standards Governing the Administration of Restitution Funds)

 The Juvenile Restitution Fund is to be administered by the Probation Department.

 Disbursements from the restitution fund shall be made at the discretion of the president judge, and shall be used to reimburse crime victims for financial losses resulting from delinquent acts. Disbursements from the fund shall require the signatures of the Chief Probation Officer and either the Chief Juvenile Probation Officer or the Juvenile Probation Officer assigned to the case.

 An annual report to the president judge, detailing the aggregate and individual data regarding payments to and disbursements from the restitution fund, and an annual audit, under county policy, of all payments to and disbursements from the fund, will be required.

[Pa.B. Doc. No. 11-1591. Filed for public inspection September 16, 2011, 9:00 a.m.]


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