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PA Bulletin, Doc. No. 14-1995

THE COURTS

WASHINGTON COUNTY

Rule L-552: Administrative Processing and Identification; No. 2014-1

[44 Pa.B. 6093]
[Saturday, September 27, 2014]

Order

 And Now, this 5th day of September, 2014; It Is Hereby Ordered that the previously-stated Washington County Local Criminal Rule is adopted as follows.

 These rules will become effective thirty days after publication in the Pennsylvania Bulletin.

By the Court

DEBBIE O'DELL SENECA, 
President Judge

Rule L-552. Administrative Processing and Identification.

 The Washington County Court of Common Pleas created a countywide booking center program to comply with criminal processing and Megan's Law/Adam Walsh Act registry requirements, and recognizes the value to the law enforcement community of the operation of the Booking Center Program.

 (a) The Central Booking Center of Washington County is located on the second floor of the Family Court Center, 29 West Cherry Avenue, Washington, PA, 15301.

 (b) An Interim Booking Center is located in the Washington County Correctional Facility, 100 West Cherry Avenue, Washington, PA 15301. It is operational to process adult offenders from 4:30 p.m. to 7:00 a.m. Monday through Friday, and on weekends and holidays. During the hours of operation of the Interim Booking Center, adult offenders may be delivered to the Washington County Correctional Facility prior to preliminary arraignment conditioned upon the simultaneous delivery of a copy of the criminal complaint and affidavit. Arresting officers are responsible for the delivery of the criminal complaint and affidavit via facsimile to the on-call Magisterial District Judge prior to the preliminary arraignment.

 (c) The purpose of the Booking Center Program is to efficiently process defendants charged with criminal actions with the express intent of returning officer(s) to their communities. The processing shall include, but not be limited to, fingerprinting, photographing and determining prior records of defendants being processed.

 (d) 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 a summary offense. The Booking Centers shall serve as the designated fingerprinting sites for all arresting authorities in Washington County.

 (e)  All persons arrested for any misdemeanor or felony, or summary offenses which become misdemeanors on a second arrest after conviction of a summary offense (e.g., retail theft, library theft, or scattering rubbish) under the following:

(1)(e) 18 Pa.C.S.A. § 106(a) (all felonies and misdemeanors),
(2)(e) 35 Pa.C.S.A. Chapter 6 (relating to a violation of The Controlled Substance, Drug, Device and Cosmetic Act),
(3)(e) 75 Pa.C.S.A. § 3735 (relating to homicide by vehicle while driving under influence),
(4)(e) 75 Pa.C.S.A. § 3802 (relating to driving under influence of alcohol or controlled substance), or
(5)(e) 23 Pa.C.S.A. § 6113 or § 6114 (relating to Indirect Criminal Contempt for violation of a Protection From Abuse Order)

 whether by warrant, arrest without warrant, or by summons, shall be processed at the Booking Center.

 (f) Pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6308 and § 6309, juvenile offenders will be fingerprinted and photographed at the Central Booking Center. Juveniles will only be fingerprinted and photographed upon an adjudication of delinquency; except in cases where the juvenile's case is to be transferred for criminal proceedings pursuant to 42 Pa.C.S.A. § 6355, or is otherwise to be prosecuted under the criminal law and procedures pursuant to 42 Pa.C.S.A. § 6355, or a magisterial district judge directs the fingerprinting and photographing of a juvenile in a case which includes summary offenses which become misdemeanors on a second arrest after conviction of a summary offense (e.g., retail theft, library theft, or scattering rubbish).

 (g) A booking center fund fee of two hundred dollars ($200.00) shall be assessed and collected by the Washington County Clerk of Courts to an offender who receives Accelerated Rehabilitative Disposition (ARD) or probation without verdict, pleads guilty to or nolo contendere to or is convicted of a crime under the following:

(1)(g) 18 Pa.C.S.A. § 106(a) (all felonies and misdemeanors),
(2)(g) 35 Pa.C.S.A. Chapter 6 (relating to a violation of The Controlled Substance, Drug, Device and Cosmetic Act),
(3)(g) 75 Pa.C.S.A. § 3735 (relating to homicide by vehicle while driving under influence), and
(4)(g) 75 Pa.C.S.A. § 3802 (relating to driving under influence of alcohol or controlled substance).

 The fee shall be collected and deposited into the Booking Center Fund Account which shall be under the sole supervision of the Court of Common Pleas. The Court hereby establishes the Booking Center Fund Account, the moneys in which shall be used to maintain and operate the Booking Centers.

 (h) The fee established in paragraph (f) shall 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.

 (i) At the end of the preliminary arraignment, if the adult offender is not then incarcerated at the Washington County Correctional Facility, the Magisterial District Judge shall order, as a condition of bond, the defendant to appear at the Central Booking Center to be fingerprinted and photographed within 48 hours, or the next business day if the 48 hour period expires on a non-business day. When an issuing authority issues a summons rather than an arrest warrant, the issuing authority shall send a notice with the summons directing recipient to appear at the Central Booking Center prior to his/her preliminary hearing. The Magisterial District Judge shall order, as a condition of bond, any person required to be fingerprinted and photographed pursuant to paragraph (d) above, who has not been fingerprinted prior to his/her preliminary hearing, to appear at the Central Booking Center within five (5) days of the preliminary hearing for the purpose of being fingerprinted and photographed.

 (k) In cases of private prosecutions, except retail theft prosecutions, the defendant may only be fingerprinted and photographed after conviction of the alleged offense. An order shall be issued from the Court of Common Pleas after such conviction directing the Defendant to report to the Central Booking Center to be fingerprinted and photographed.

 (l) This expansion of the Booking Center operation shall commence on July 7, 2014.

[Pa.B. Doc. No. 14-1995. Filed for public inspection September 26, 2014, 9:00 a.m.]


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