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PA Bulletin, Doc. No. 23-531

THE COURTS

Title 255—LOCAL COURT RULES

LUZERNE COUNTY

Criminal Division of the Courts Department of Probation Services Adult Division—DUI Treatment Court; No. CP-40-MD-0000264-2023

[53 Pa.B. 2162]
[Saturday, April 22, 2023]

Administrative Order

 And Now, this 3rd day of March, 2023, at 10:15 o'clock a.m., it is hereby Ordered and Decreed that effective March 3, 2023, in accordance with 18 P.S. § 11.1102(c) every defendant placed under supervision of the Department of Probation Services—Adult Division-specific acceptance and placement into DUI Treatment Court shall pay:

All defendants will also pay $45.00 toward the costs of administrative fee with regard to the immediate criminal action which has resulted in acceptance into Luzerne County DUI Treatment Court. Monies will be paid directly to the Department of Probation Services.
◦ Restitution to victim(s) in the criminal actions shall be paid by the offender on a plan set forth by the Department of Probation Services—Court Collections Division within the time frame allotted during DUI Treatment Court supervision. Restitution to victim(s) is considered a priority and the Court shall determine restitution to be imposed. The Court shall state in the sentencing order:
1. the amount of restitution ordered;
2. the details of any payment plan after evaluation of defendant income;
3. the identity, address and contact information of the payee(s);
4. that the restitution payment shall be made to the Department of Probation Services;
5. any on-going victim expenses that may need to be reviewed at a future time;
6. whether any restitution has been paid directly to the victim;
7. responsible for the fees to the electronic monitoring device used during the time in the DUI Treatment Court Program, the fee will be paid to the provider of the device.
• Defendants accepted into DUI Treatment Court will also be responsible for reimbursement of the costs of all positive drug testing and lab fees associated thereof. Fee schedule will be provided by the DUI Treatment Court Coordinator to the Courts Collection Division of the Department of Probation Services.

 In accordance with the implementation and administration of Luzerne County DUI Treatment Court services, fees and costs may be adjusted hereto forward by Order of Court upon review of program requirements and services provided.

 The defendant's financial obligations as ordered by the Court shall be considered a condition of sentencing and of supervision and failure to pay such shall be considered by the Court to be a violation of the Order and the defendant shall be exposed to the full Contempt power of the Court. At the time of sentencing, the current legal residence of the offender shall be established and made a part of the sentencing order along with personal identifiers for clear defendant tracking.

 In those instances, where a defendant has multiple financial obligations owed to the Court, the defendant and the Department of Probation Services—Court Collection Division shall apportion the offender financial obligations in accordance with its existing practices and procedures. Treatment Court shall coordinate with the Court Collection Division of the Department of Probation Services regarding enforcement of policy and procedures, including liens, Court Compliance Enforcement Hearings, license suspensions, etc., and petitions for Contempt of Court.

 Any defendant committed to, remanded to, or detained in a jail or prison for a violation of Luzerne County DUI Treatment Court—Order of Court, shall have his/her supervision fees accrue until such time as the Court makes determination as to his/her participation in the program. Upon release, supervision fees shall be re-assessed by the Department of Probation Services—Court Collection Division, if the defendant will be under continued supervision.

 Restitution as ordered by the Court shall not be waived and defendant will be responsible for payment until such time that it is paid in full. Mechanisms for monitoring defendant's compliance after the term of supervision shall be addressed by DUI Treatment Court and the Department of Probation Services—Court Collection Division.

 It is further Ordered and directed that the Luzerne County District Court Administrator shall:

 1. File seven (7) certified copies of this Order with the Administrative Office of Pennsylvania Courts,

 2. Two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin,

 3. One (1) certified copy to the Criminal Procedures Rules Committee,

 4. One (1) copy to the Luzerne Legal Register for publication in the next issue,

 5. One (1) copy to the Wilkes-Barre Law and Library Association,

 6. Keep continuously available for public inspection copies of this Administrative Order in the Office of Court Administration, Office of Judicial Records and Services (Criminal Division),

 7. This Order shall also be published on the web site of the Administrative Office of Pennsylvania Courts (www.aopc.org) as well as the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/rule selection.aspx.

By the Court

MICHAEL T. VOUGH 
President Judge

[Pa.B. Doc. No. 23-531. Filed for public inspection April 21, 2023, 9:00 a.m.]


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