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PA Bulletin, Doc. No. 12-1080

THE COURTS

ALLEGHENY COUNTY

Offender Supervision Fees; No. AD-2012-120-CR

[42 Pa.B. 3438]
[Saturday, June 16, 2012]

Order of Court

 And Now, to-wit, this 11th day of May, 2012, pursuant to 18 P. S. § 11.1102, the court hereby increases the offender supervision fee from thirty-five dollars ($35.00) per month to forty-five dollars ($45.00) 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 date that the publication requirement has been satisfied.

 In support of this order increasing Offender Supervision Fees, the court finds as follows:

 1. That pursuant to Act 35 of 1991, supervision fees were created in Pennsylvania to support judicial districts in the administration of adult probation services and to support the Pennsylvania Board of Probation and Parole (PBPP). Moneys taxed and collected locally are divided evenly between the collecting county and the PBPP.

 2. That the court originally assessed twenty-five dollar ($25.00) per month for this fee. On September 19, 2001, this fee was increased to thirty-five dollars ($35.00) per month to support escalating costs to the court.

 3. That since September 2001, costs have continued to escalate for the court to provide effective supervision of offenders sentenced to probation, parole, ARD, PWV, or IP, and that the current fee of thirty-five dollars ($35.00) per month has not kept pace with expenses.

 The following guidelines shall be implemented in the assessment and collection of the Offender Supervision Fee:

 1. All offenders placed on probation, parole, ARD, PWV, or IP shall be assessed an offender supervision fee of forty-five dollars ($45.00) for every month or fraction thereof that an offender is under supervision.

 2. Said offender supervision fees shall be considered a condition of probation, parole, ARD, PWV, or IP, and failure to pay offender supervision 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 offender may pay the offender supervision fees either at one time or on a monthly basis.

 4. At the time of sentencing, the current legal residence of the offender shall be established and made a part of the sentencing order.

 5. When an offender's probation, parole, ARD, PWV, or IP is transferred to Adult Probation from another jurisdiction for supervision purposes, offender supervision fees shall be established from the date the case is accepted for supervision.

 6. In those instances where an offender has multiple active cases, the offender supervision fee shall be assessed on an offender only once, and the Department of Court Records shall apportion the offender supervision fee in accordance with its existing practices and procedures.

 7. Any offender committed to, remanded to, or detained in a jail or prison for a violation of his/her probation, parole, ARD, PWV, or IP shall have his/her supervision fees accrue until such time as the court revokes said probation, parole, ARD, PWV, or IP. Upon release, supervision fees shall be re-assessed by the Department of Court Records if the offender will be under the supervision of the Adult Probation Department.

 8. Upon an offender's submission of credible documentation demonstrating that one or more of the factors enumerated in 18 P. S. § 11.1102(e)(2) exist, Petitions of Hardship (inability to pay the assessed offender supervision fee) may be considered by the Director of Adult Probation or a designee.

 9. If the Director of Adult Probation or a designee makes a finding of hardship pursuant to paragraph 8 above, it shall be the responsibility of the offender or his/her legal counsel to petition the court for an order waiving the offender supervision fee. The finding of hardship made by the Director of Adult Probation or a designee shall be attached to the petition requesting an order waiving the offender supervision fee. A copy of the petition requesting an order waiving the offender supervision fee shall be served upon the Director of Adult Probation.

By the Court

DONNA JO McDANIEL, 
President Judge

[Pa.B. Doc. No. 12-1080. Filed for public inspection June 15, 2012, 9:00 a.m.]


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