THE COURTS
CARBON COUNTY
Reestablishment of Juvenile Restitution Fee Fund; No. CP-13-AD-000002-2013 (Old No. 60 JV 98)
[43 Pa.B. 299]
[Saturday, January 19, 2013]
Administrative Order No. 7-2013 And Now, this 7th day of January, 2013, pursuant to Title 42 of the Pennsylvania Consolidated Statutes, § 6352(a)(5), it is hereby
Ordered and Decreed that, March 1, 2013, and after publication on the UJS Portal and in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas Reestablishes a Juvenile Restitution Fee in the amount of ten dollars ($10.00) and Adopts the Juvenile Restitution Fund Guidelines as follows. This fee Shall Be imposed against all juvenile defendants.
It Is Further Ordered and Decreed that the County of Carbon Shall Establish a separate fund for said fees. Disbursements from the Restitution Fee Fund Shall be Made at the sole discretion of the President Judge and Shall be Used to reimburse crime victims for financial losses resulting from delinquent acts.
The Carbon County District Court Administrator is Ordered and Directed to do the following:
1. File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified copies, one (1) CD and the written notification received from the Juvenile Court Procedural Rules Committee with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish a copy of the Administrative Order on the UJS Portal at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
4. Forward one (1) copy for publication in the Carbon County Law Journal.
5. Forward one (1) copy to the Carbon County Law Library.
6. Keep continuously available for public inspection copies of this Administrative Order in the Clerk of Courts Office and Juvenile Court Office.
By the Court
ROGER N. NANOVIC,
President Judge
Restitution Fund Guidelines
Community Service Work/Restitution Program Purpose: To establish guidelines for the Community Service Work/Restitution Program which will enable youthful offenders to perform additional community service work hours in order to earn money to be applied to their Court ordered restitution.
1. In 1998, the Carbon County Court of Common Pleas established a Community Service Work/Restitution Fund in order to institute this program. Delinquent youth fund this program through the assessment of costs against each juvenile defendant.
2. Any juvenile under this department's supervision who owes restitution will be eligible to apply for the program.
3. In order to qualify for the program, juveniles must meet the following criteria:
A. Must owe restitution.
B. Must have completed all Court ordered community Service work;
C. Must be a student;
D. Must not be employed full time (40 hours per week);
E. Must be making a conscientious effort to comply with his/her payment agreement set by the Bureau of Collections.
4. Juveniles who meet the above criteria may apply for the program by obtaining an application from the Juvenile Probation Office.
5. The application will be reviewed by the Juvenile Court Officer handling the case and the Chief Juvenile Officer.
6. Upon approval, each juvenile will enter into a written agreement which will include the number of hours to be completed, the location of the site(s) where the hours are to be performed, and the completion date. This agreement will be signed by the juvenile, his/her parent or guardian, and a Juvenile Court Officer.
7. Payment for community service work hours will be computed by multiplying the number of hours worked by the current federally mandated minimum wage.
8. Payment to the Bureau of Collections will occur only upon completion of the agreement. If the juvenile does not complete the program, no payment will be made and all money earned will be forfeited.
9. The Chief Juvenile Court Officer will transfer money from the Community Service/Restitution Fund via a voucher payable to the Bureau of Collections. The voucher will be prepared using the juvenile case number and juvenile's initials, thus preserving confidentiality. When the check is received, the Bureau of Collections will credit the juvenile's restitution account.
10. If applicable, juveniles who successfully complete the program may reapply.
[Pa.B. Doc. No. 13-73. Filed for public inspection January 18, 2013, 9:00 a.m.]
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