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PA Bulletin, Doc. No. 11-131

THE COURTS

FAYETTE COUNTY

Administrative Order; Booking Center; Criminal Division; No. 1 AD 2009

[41 Pa.B. 588]
[Saturday, January 29, 2011]

Administrative Order

 And Now, this 7th day of January, 2011, pursuant to Rule 105 of the Pennsylvania Rules of Criminal Procedure, it is hereby ordered that Administrative Order 1 AD 2009 is hereby amended and adopted to read as follows.

 The Clerk of Courts is directed as follows:

 (1) One certified copy of the order and program shall be filed with the Administrative Office of Pennsylvania Courts.

 (2) Two certified copies and diskette of the order and program and one copy of the written notification received from the Criminal Rules Committee and the Juvenile Court Procedural Rules Committee shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 (3) One certified copy shall be sent to the Fayette County Law Library and the Editor of the Fayette Legal Journal.

 The adoption of the Administrative Order shall become effective thirty (30) days after publication in the Pennsylvania Bulletin and on the UJS Portal.

By the Court

GERALD R. SOLOMON, 
President Judge

Booking Center Processing Fee; No. 1 AD 2009

Amended Administrative Order

 And Now, this 7th day of January 2011, it is Hereby Ordered, that the Court of Fayette County adopts a countywide Regional Booking Center (RBC) procedures plan as set forth herein.

 1. The Regional Booking Center (RBC) is to be located at the Uniontown Police Department.

 2. The purpose of the RBC is to efficiently process defendants charged with criminal actions. The process shall include, but not limited to, fingerprinting, photographing and determining prior records of defendants being processed.

 3. In all cases in which the defendant has been charged with an offense graded as a misdemeanor or greater, the defendant shall be required to appear either at the Pennsylvania State Police Barracks, if arrested by the member of the Pennsylvania State Police, or, if arrested by an arresting authority other than the Pennsylvania State Police at the Fayette County Regional Booking Center, (RBC), located in the Uniontown Police Department or at such other locations designated, in writing, by the President Judge of Fayette County Court of Common Pleas, for fingerprinting and processing.

 4. Pursuant to 18 Pa.C.S.A. § 9112, an arresting authority shall be responsible for taking the fingerprints of persons arrested for misdemeanors, felonies or summary offenses which become misdemeanors on a second arrest after conviction of that summary offense. The Regional Booking Center shall serve as the designated fingerprinting and processing site for all arresting authorities in Fayette County other than the Pennsylvania State Police. The State Police Barracks shall serve as the designated fingerprinting site for the Pennsylvania State Police.

 5. In cases of private prosecutions, the defendant may only be fingerprinted and photographed after conviction of a misdemeanor, felony or summary offense which becomes a misdemeanor on a second arrest after conviction of that summary offense. An order shall be issued from the Court of Common Pleas after such conviction directing the defendant to report to the RBC to be fingerprinted and photographed.

 6. In cases which proceed by issuance of a summons, the Magisterial District Judge presiding at the scheduled Preliminary Hearing shall order the defendant to submit to the RBC within five (5) days following the date of issuance of such order.

 7. A booking fee of $150.00 shall be assessed and collected by the Fayette County Clerk of Courts after sentencing upon conviction of or plea to a misdemeanor or felony offense or acceptance into the Accelerated Rehabilitative Disposition Program.

 8. This fee will not apply to those defendants whose cases are dismissed by the Magisterial District Judge, withdrawn or nolle prossed by the Commonwealth or who enter a guilty plea to a summary offense at the time of the preliminary hearing.

 9. Any juvenile with a case that has resulted in a disposition of a Consent Decree or Adjudication of Delinquency shall be fingerprinted and photographed; a fee of $150.00 shall be assessed for processing. The Juvenile Probation Office shall oversee the collections of said fee.

 10. Private Citizens shall be assessed a cost of $20.00 for all non-criminal electronic printing and/or photos.

 11. The RBC shall also serve as a processing center for all parties required to be registered and processed under the provisions of 42 Pa.C.S.A. § 9791, ET. Seq., commonly known as ''Megan's Law,'' pursuant to 42 Pa.C.S.A. § 9795.21(d), if determined by the Pennsylvania State Police to be an ''approved registration site'' pursuant to 42 Pa.C.S.A. § 9799.1.

 NOTE: Administrative Order shall become effective 30 days after publication in the Pennsylvania Bulletin.

[Pa.B. Doc. No. 11-131. Filed for public inspection January 28, 2011, 9:00 a.m.]


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