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PA Bulletin, Doc. No. 18-1067

THE COURTS

Title 255—LOCAL COURT RULES

BLAIR COUNTY

Imposition of Supervision Fee Probation/Parole Supervision Fee Guidelines Establishment; 2018 MD 58

[48 Pa.B. 4096]
[Saturday, July 14, 2018]

Adoption of Local Rule Imposing Supervision Fee and Probation/Parole Supervision Fee Guidelines Establishment

Order

 And Now, this 27th day of June, 2018, it is Hereby Ordered and Decreed that the Blair County Court of Common Pleas adopts the following local rule governing the imposition of a Supervision Fee and Probation/Parole Supervision Fee Guidelines Establishment for the 24th Judicial District of the Commonwealth of Pennsylvania:

Rule of Judicial Administration

 And Now, this 27th day of June, 2018, it is hereby ordered that the imposition of a monthly supervision fee of forty ($40.00) dollars is hereby imposed on any offender in Blair County placed on probation, parole, A.R.D., P.W.O.V., or intermediate punishment, through standard or specialty Court, unless such fee is reduced, waived, or deferred by the Court at the time of sentencing. If such Judicial action is not taken, Fees will be assessed on the full term of supervision and, if paid in advance, shall not be refunded or applied to any other Court fee or charge if the term of supervision is terminated early for any reason.

 The Blair County Treasurer shall administer a Blair County Adult Probation Supervision Fund, consisting of one-half of the total supervision fee funds collected by the Blair County Clerk of Courts. The balance of the fees collected shall be remitted by the Clerk of Courts to the Commonwealth pursuant to regulations promulgated by the Commonwealth of Pennsylvania.

 The supervision fee will be administered in accordance with the Blair County Supervision Fund Guidelines:

Blair County Supervision Fee Guidelines

 The Supervision Fee shall be set at $40.00 per month and be assessed by the Clerk of Courts, unless specifically reduced, waived, or deferred by the sentencing Court at the time of sentencing or placement into a program or specialty court.

 Recommendations for waivers of supervision fee shall be presented to the Court for approval at time of sentencing.

 Fees will be assessed on the full term of supervision and, if paid in advance, will not be remitted should the term of supervision be terminated early for any reason. Supervision Fee payments shall not be transferred or credited to other monies owed by the Defendant.

 The Supervision Fee will not be assessed on that portion of an offender's supervision which has been transferred to another state.

 There will be a single Supervision Fee imposed on the individual offender with multiple cases, based on the total number of months of supervision under all sentences.

 If an offender absconds, the fees will continue in effect until the maximum expiration date of the sentence.

 The Court may make a finding that the offender is unable to pay and waive part or all of the supervision fee, based on any of the following factors:

 i. The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments.

 ii. The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment.

 iii. The offender has an employment handicap, as determined by an examination acceptable to or ordered by the court or board.

 iv. The offender's age prevents employment.

 v. The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.

 vi. The plea agreement between the parties contemplates early termination of supervision.

 vii. Other extenuating circumstances as determined by the Court.

 The Blair County District Court Administrator is Ordered and Directed to do the following:

 1. File one (1) copy of these Rules with the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.

 2. File two (2) paper copies and one (1) electronic copy containing the text of the local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish these Rules on the Blair County Court website at www.blairco.org.

 4. Incorporate these Rules into the set of local rules on www.blairco.org within thirty (30) days after the publication of the local rules in the Pennsylvania Bulletin;

 5. File one (1) copy which shall be kept continuously available for public inspection and copying in the Office of Prothonotary of Blair County.

 Said Local Rule of Judicial Administration shall be effective in the 24th Judicial District of the Commonwealth of Pennsylvania thirty (30) days after publication in the Pennsylvania Bulletin and upon publication on the Blair County website.

By the Court

ELIZABETH A. DOYLE, 
President Judge

[Pa.B. Doc. No. 18-1067. Filed for public inspection July 13, 2018, 9:00 a.m.]


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