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PA Bulletin, Doc. No. 16-1980

THE COURTS

WASHINGTON COUNTY

Community Service Program and Furlough Into Service Program; No. 2016-1

[46 Pa.B. 7260]
[Saturday, November 19, 2016]

Order

 And Now, this 27th day of October, 2016, It Is Hereby Ordered that Community Service Program and Furlough Into Service Program (''FITS Program'') are court-approved programs administered jointly under the Clerk of Courts, Community Services Department, Domestic Relations Office, and the Adult Probation Office.

 These programs have been in effective collectively since 1994 (Community Services Program), 1997 (FITS Program), and 2014 (Domestic Relations Office). Supervision of participants in the program shall be by the Director of Community Services until further order of court.

 Defendants in all summary and criminal cases in which fines and costs are assessed as part of their sentence shall be eligible for participation in the Community Services Program unless the judge at the time of sentencing states the contrary. The determination for inclusion in the program shall be by the Clerk of Courts or the Adult Probation Office upon establishment that the defendant is unable to pay the fines, fees, and/or costs ordered by the court. Defendants shall submit sufficient documentation regarding their inability to pay, and the determination of the Clerk of Courts or Adult Probation Office shall be filed of record. Defendants admitted to the program shall be eligible to work off fines, fees, and/or costs per hour through approved community service based on the prevailing minimum wage of the Commonwealth of Pennsylvania.

 Defendants in criminal cases where work-release or weekend status is approved as part of their sentence, or defendants found in contempt of court for failure to pay support in a domestic relations case shall be eligible for participation in the FITS Program, unless the judge at the time of sentencing, or finding of contempt, states the contrary. Selection and removal of defendants from the FITS Program shall be at the discretion of the Warden of the Washington County Correctional Facility or their designee. Defendants admitted to the program shall be eligible to work off fines, fees, and/or costs per hour through approved community service based on the prevailing minimum wage of the Commonwealth of Pennsylvania.

 Defendants in magisterial district judge cases (traffic, summary, and juvenile) in which fines, fees, and/or costs are assessed as part of their sentence shall be eligible for participation in the Community Services Program, unless the magisterial district judge at the time of sentencing states the contrary. Determination for inclusion in the program shall be by the magisterial district judge after a payment determination hearing is held, and the magisterial district judge concludes that the defendant is unable to pay the ordered fines, fees, and/or costs. Defendants admitted to the program shall be eligible to work off fines, fees, and/or costs per hour through approved community service based on the prevailing minimum wage of the Commonwealth of Pennsylvania.

 The hours worked shall be applied to fines, fees, and/or costs in order of priority as provided by 42 Pa.Con.Stat. § 1721. Participants in the Community Service Program and the FITS Program shall not be permitted to apply credit from either program to court-ordered restitution, reparations, penalties, or support payments.

 This Order shall apply to all cases in which there are outstanding fines, fees and/or costs, any pending case awaiting sentencing or a finding of contempt, and any case otherwise eligible as set forth above until further order of court.

 It is Ordered that this Administrative Order shall be effective thirty (30) days after the publication thereof in the Pennsylvania Bulletin.

 It is further Ordered that, in accordance with Pa.R.Crim.P. 105, the District Court Administrator shall:

 (a) File one (1) certified copy hereof with the Administrative Office of the Pennsylvania Courts;

 (b) Distribute two (2) certified copies hereof to and one (1) CD-ROM copy that complies with the requirement of PA. Code § 13.11(b), to the Legislative Reference Bureau for publication in Pennsylvania Bulletin;

 (c) File one (1) certified copy hereof with the Criminal Procedural Rules Committee;

 (d) File one (1) certified copy with the Clerk of Courts;

 (e) Cause a copy hereof to be published in the Washington County Bar Journal once a week for two successive weeks at the expense of the County of Washington; and

 (f) Supervise the distribution hereof to all Judges of this Court and the Magisterial District Judges of the County of Washington.

By the Court

KATHERINE B. EMERY, 
President Judge

[Pa.B. Doc. No. 16-1980. Filed for public inspection November 18, 2016, 9:00 a.m.]


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