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PA Bulletin, Doc. No. 06-2446

THE COURTS

YORK COUNTY

Probation/Parole Supervision Fee Modification; No. CP-67-AD-0000030-2006

[36 Pa.B. 7540]
[Saturday, December 16, 2006]

Administrative Order

   And Now, this 30th day of November, 2006, it is hereby Ordered that the monthly supervision fees imposed on any offender in York County placed on Probation, Parole, ARD, or Intermediate Punishment will be increased to forty ($40.00) dollars. The effective date of this Order shall be thirty (30) days after publication in the Pennsylvania Bulletin, and shall be applied to any individual placed on supervision on or after the effective date.

   All previous regulations and guidelines in the following Original Administrative Order, 289 MA 1991, not inconsistent with this Order, shall remain in effect.

   It Is Further Ordered that, in accordance with Pa.R.C.P. 239, the District Court Administrator of York County, Pennsylvania, shall:

   (a)  File seven (7) certified copies hereof with the Administrative Office of Pennsylvania Courts;

   (b)  Distributed two (2) certified copies hereof to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

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

   (d)  Cause a copy hereof to be published one (1) time in the York Legal Record at the expense of the County of York; and

   (e)  Supervise the distribution hereof to all Judges and all members of the Bar of this Court.

   It Is Further Ordered that copies of this Order are directed to: The Court of Common Pleas; The Magisterial District Judges; to J. Robert Chuk, the District Court Administrator; the York County District Attorney's Office; the York County Public Defender's Office; and the York County Adult Probation Department.

By the Court

RICHARD K. RENN,   
President Judge

IMPOSITION OF SUPERVISION ] IN THE COURT OF COMMON PLEAS
FEE ] OF YORK COUNTY, PENNSYLVANIA
]
] NO. 289 MISC. ACTION 1991

ADMINISTRATIVE ORDER

   AND NOW, TO WIT, This 17th day of October, 1991, it is hereby ordered that a monthly supervision fee of $25 is hereby imposed on any offender in York County placed on probation, parole, A. R. D., or intermediate punishment, unless such fee should be reduced, waived or deferred by the Court because of the offender's inability to pay. This shall include those offenders placed on supervision on or after the effective date of August 14, 1991 for Act 35 of 1991.

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

   It is further ordered that the collection of the aforementioned supervision fees shall be in accord with the attached Supervision Fee Guidelines.

BY THE COURT,
President Judge Joseph E. Erb

SUPERVISION FEE GUIDELINES

   The Supervision Fee shall be set at $25 per month and be assess by the Clerk of Courts at the time of sentencing, unless specifically reduced, waived or deferred by the sentencing Court.

   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 longest maximum sentence.

   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 for any reason.

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

   For purposes of computing the total Supervision Fee, the offender will be assessed if on supervision 15 days or more of any month.

   The Probation Department shall identify those offenders placed on supervision as of August 14, 1991 and prior to the Administrative Order and notify them of the assessment of their Supervision Fees. The Probation Department shall also inform the Clerk of Courts of the names of those offenders and the fees calculated.

   The Probation Department shall establish guidelines and implement a process to consider requests from offenders for waivers, reductions, or deferments based on the factors set forth in Act 35 of 1991.

   Recommendations for waivers shall be presented to the Court for approval.

   Contested requests for waivers may be presented to the sentencing Court by the offender's counsel.

   The Probation Department shall inform the Clerk of Courts of all waivers, derferments, or reduction in Supervision Fees.

   The District Attorney's A. R. D. Office shall assess the capacity to pay fees of A. R. D. applicants prior to entry to the program.

[Pa.B. Doc. No. 06-2446. Filed for public inspection December 15, 2006, 9:00 a.m.]


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